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HomeMy WebLinkAbout1982_01_06 Town Board Regular Minutes 001 MINUTES OF' A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECKHELD ON THE 6TH DAY OF JANUARY 1982 IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. The Supervisor called the meeting to order at 8:15 P.M. Present were the following: III Supervisor Leo Goldsmith, Jr. Councilman Lee H. Bloom Councilman Stewart J. McMillan Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Also present were the following: Dorothy S. Miller, Town Clerk James J. Johnston, Town Attorney Carmine A. DeLuca, Comptroller - George Derderian, Assessor Patrick Thomas Leddy, Highway Superintendent APPROVAL OF MINUTES The minutes of the regular meeting of November 4, 1981 were presented and on motion by Councilman Amlicke, seconded by Council- man Bloom, approved by a majority vote of the Board. Councilman McMillan abstained from voting since he had not been in attendance at that meeting and Councilwoman Silverstone also abstained since she was not a member of the Board at that time. ORGANIZATION MATTERS No action was taken on the appointment of a Town Attorney. On motion by Councilman Bloom, seconded by Councilman Amlicke, Carmine A. DeLuca was unanimously appointed as Comptroller and Director of Finance for a two-year term. On motion by Councilman Amlicke, seconded by Councilman McMillan, Patrick Thomas Leddy was unanimously appointed as Conservation Director for a two-year term. On motion by Councilman Bloom, seconded by Councilman Amlicke, Patrick Thomas Leddy was unanimously appointed as Superintendent of Highways for a term of two years. On motion by Councilman Bloom, seconded by Councilman Amlicke, Charles Elfreich was unanimously appointed as Town Engineer for a two-year term. On motion by Councilman Amlicke, seconded by Councilwoman Silver- stone, Edward Rilley was unanimously appointed as General Foreman of the Highway Department for a two-year term. On motion by Councilman Amlicke, seconded by Councilman Bloom, James Kronenberger was unanimously appointed as Superintendent of Recreation for a term of two years. ill III On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, Dorothy S. Miller was unanimously appointed as Registrar of Vital Statistics for a term of two years. ti -1- i 042 Upon motion made by Councilman McMillan, seconded by Councilman Amlicke, the following persons were unanimously appointed to one-year terms of office to serve without additional salary for the year 1982: Clara Tracy as Deputy Town Clerk and Deputy Registrar of Vital Statistics: Genevieve Soriano as Deputy Comptroller and Raymond Bingman as Deputy Receiver of Taxes. On motion made by Councilman Bloom and seconded by Councilman Amlicke, Supervisor Leo Goldsmith, Jr. and Councilman Stewart J. McMillan were unanimously appointed- as Trustees of the Police Pension Fund and Carmine A. DeLuca unanimously appointed as the Treasurer of the Police Pension Fund. On motion made by Councilman Bloom, seconded by Councilman Amlicke, Frank Comblo, Ralph Condro, Dominick Faillace and Philip Kuritzky were unani- mously appointed as Civil Officers for the Town of Mamaroneck. Thereafter, the Supervisor asked for a motion approving his appointment of a Part-time Executive Assistant and Confidential Secretary, and upon motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Supervisor's appointment of Lavenia Brewer as part-time Executive Assistant and Confidential Secretary be and the same is hereby approved. On motion by Councilman McMillan, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Thomas White, Richard Creedy, Mrs. Pierce McCreary, Martin Waters, Jr. and Patrick Thomas Leddy are hereby appointed members of the Board of Ethics, to serve for a term of office of one year, effective immediately and terminating on December 31, 1982; • and it is further RESOLVED, that Thomas White be and he hereby is appointed Chairman 6f the Board of Ethics for the year 1982. Thereafter, on motion by Councilman Amlicke who noted the excellent qual- ifications of those persons recommended for reappointment, seconded by Councilman ,Bloom, it was unanimously RESOLVED, that Dr. Alan Mason, Mrs. Elinor Fredston and Robert Hoberg are hereby reappointed members of the Town of Mamaroneck Conservation Advisory Commission to serve for a term of office of two years effective January 1, 1982 and terminating on December 31, 1983. During that same motion, it was unanimously RESOLVED, that Mrs. Elinor Fredston be and she hereby is reappointed a member of the Freshwater Wetlands Commission for a term of office of 5 years, effective January 1, 1982 and terminating December 31, 1986. At this time Councilman Amlicke brought to the Board's attention the need to reappoint Mrs. Nancy Hartford to the Recreation Commission as her previous term had expired and noted the fine service she has ten- dered to that Commission. Thereupon, on motion by Councilman Amlicke, -2- 003 seconded by Councilman Bloom, it was unanimously RESOLVED, that Mrs. Nancy Hartford be and she hereby is reappointed a member of the Recreation Commission for a term of office of 5 years, effective May 21, 1981 and terminating on May 20, 1986. Councilman Bloom proposed the name of Peter D. Mosher to fill the vacancy caused by the resignation of Laurence Bodkin, Jr. and reviewed Mr. Mosher's qualifications and thereupon on motion made by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED , that Peter D. Mosher, 17 North Chatsworth Avenue, Town be and he hereby is appointed a member of the Town of Mamaroneck Zoning Board of Appeals to fill the vacancy created by the resignation of Laurence G. Bodkin, Jr. , effective immediately and terminating on February 19, 1985. Thereafter, it was noted that the Chairman of the Planning Board had resigned and even though this Board was not ready at this time to appoint a replacement for Mr. Blair, it was appropriate to appoint one of the other members as the Chairman and thereupon, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Paul L. Kalos be and he hereby is - appointed Chairman of the Town of Mamaroneck Planning Board. Following the Clerk's notation relative to a possible conflict in dates with the absence of some of the Board members for certain Town Board meetings and some discussion about that matter, on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that regular meetings of this Town Board be held at 8:15 P.M. on the first and third Wednesdays of each month; except during the months of June, July, August and September, during which months meetings will be held only on the first Wednesday of those months and except during the month of February when the meetings will be held on the second and fourth Wednesdays, in the Council Room or the Auditorium of the Weaver Street Firehouse; and it was further RESOLVED, that said meeting dates may be changed from time to time at the pleasure of the Board and Special meetings set, upon adequate notice being given. Following expression of appreciation for the coverage given to the Town Board during the past year, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that The Daily Times be and it hereby is designated as the official newspaper of the Town of Mamaroneck for the purpose of publishing legal notices during 1982. -3- 00.E Thereafter, on motion by Councilman McMillan and seconded by Councilman Amlicke, it was unanimously RESOLVED, that the following Banks and Trust Companies are hereby designated as depositories for funds of the Town of Mamaroneck for the year 1982, to be continued in their present status: The Bank of New York County Trust Region, Mamaroneck; Barclays Bank of New York, Mamaroneck; National Bank of Westchester, Larchmont; Citibank, Mamaroneck; and it was further RESOLVED, that all authority heretofore granted to withdraw funds from and to draw checks, drafts and other orders upon the Town of Mamaroneck accounts maintained at the aforesaid banks hereby is rescinded and revoked and hereafter such withdrawals, checks, drafts and other orders shall be authorized when signed by signature or facsimile signature by Leo Goldsmith, Jr. , Supervisor, and Carmine A. DeLuca, Comptroller; or by Leo Goldsmith, Jr. , Supervisor and Genevieve F. Soriano, Deputy Comptroller. OLD BUSINESS 1. Recommendation to State Transportation Department - Prohibit Parking on Weaver Street from Plymouth Road to Boston Post Road Following some discussion and presentation of Dr. Serling's letter, on motion by Councilman McMillan, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the matter of the recommendation to the State Transportation Department relative to prohibiting parking on Weaver Street from Plymouth Road to Boston Post Road be deferred to the next regular meeting of this Board. 2. Report of Bids - Front End Loader Pursuant to presentation of Mr. Leddy's memorandum and some discussion during which clarifications were made, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby rejects all bids received for a Front End Loader and authorizes that a new Invitation to Bid on a Front End Loader be published in the official newspaper, the Daily Times. 3. Approval of Bond Resolution - Authorize Financing - Purchase of School-Town Center Following some clarification by the Supervisor and some discussion during which he noted his conversation with the Town's Bonding Attorney and in answer to Councilwoman Silverstone's query about the availability of copies of the contract which has already been signed, the following resolution was offered by Councilman McMillan, who moved its adoption, subject to the correction of scribner's error, seconded by Councilman Bloom, to wit: -4- 003 BOND RESOLUTION DATED JANUARY 6, 1982 A RESOLUTION AUTHORIZING THE ISSUANCE OF $926,000 serial bonds and $49,000 CAPITAL NOTES OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE FROM THE MAMARONECK UNION FREE SCHOOL DISTRICT OF THE LAND AND BUILD- ING THEREON LOCATED AT 740 WEST BOSTON POST ROAD 1 III FOR USE AS A TOWN HALL AND OFFICE BUILDING. BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The specific objects or purposes to be financed pursuant to this resolution is the purchase by the Town of Mamaroneck, Westchester County, New York, from the Mamaroneck Union Free School District, of the land located at 740 West Boston Post Road in said Town and the building thereon for use as a Town Hall and Office Build- ing of said Town. Section 2. The maximum estimated cost of the acquisition of the aforesaid land is $760,500. and that the maximum estimated cost of the acqusition of the aforesaid building located thereon is $214,500. The plan for the financing of the total estimated cost of such specific objects or purposes, being the sum of $975,000, is as follows: a) By the issuance of $926,000 serial bonds of said Town, hereby auth- orized to be issued therefor pursuant to the Local Finance Law, of which $722,400 serial bonds shall be issued for the specific object or purpose described in Section 1 of this resolution and $203,600 serial bonds shall be issued for the specific object or purposes described in such Section; and III b) By the issuance of $49,000 capital notes of said Town, hereby auth- orized to be issued therefor pursuant to the Local Finance Law, of which $38,100 capital notes shall be issued for the specific object or purpose described in Section 1 of this resolution and $10,900 capital notes shall be issued for the specific object or purpose described in paragraph b of such Section. Such capital notes shall be sold at private sale and all further powers in connection with the details and the sale there of are hereby delegated to the Supervisor in accordance with the Local Finance Law. Pursuant to Section 107.00 of the Local Finance Law, the proceeds from the sale of such capital notes will be provided prior to the is- suance of the bonds herein authorized or bond anticipation notes. Section 3. The following determinations are hereby made: a) That subdivision 21(a) of paragraph a of Section 11.00 of the Local Finance Law applies to the acquisition of the aforesaid land, and that the period of probable usefulness therefor is thirty years; b) That subdivision 11(b) of such paragraph and Section applies to the acquisition of the aforesaid building, and that the period of probable usefulness therefor is twenty years; and c) That the maximum maturity of the serial bonds herein authorized will exceed five years. III Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such 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. There shall annually be levied on all the taxable real property of said Town, a tax -- sufficient to pay the principal of and interest on such obligations as the same become due and payable. -5- 006 Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in an- ticipation 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 6. The validity of such bonds, capital notes and bond antici- pation notes may be contested only if: 1) Such obligations are authorized for an objects or purposes 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. Upon this resolution taking effect, the same shall be pub- lished in full in The Daily Times together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 8. This resolution is adopted subject to permissive referendum. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Leo Goldsmith, Jr. VOTING Aye Councilman Lee H. Bloom VOTING Aye Councilman Stewart J. McMillan VOTING Aye Councilman Thomas R. Amlicke VOTING Aye Councilwoman Caroline Silverstone VOTING Aye The resolution was thereupon declared duly adopted. NEW BUSINESS 1. Tax Certiorari Matters Some discussion followed Mr. Derderian's review of the appraisals of Palmrich Gardens and Metropolis Westchester Lanes which has been under ap- peal for assessment reductions, and his notation that he had yet to speak further.with Paul McDevitt of the Board of Education before going forth with a decision. He also stated that he had worked closely with the Assessor in the Village of Mamaroneck regarding Palmrich Gardens who was in agreement with the tentative settlement and advised that it is sched J uled for trial on January 20th. Councilwoman Silverstone told the Assessor she was impressed with the manner in which the matter was pre- sented to the Board with very informative supporting data and Councilman Amlicke, after several of his questions were answered, thanked George Derderian, the Assessor for the backup material submitted in ample time for study and review. Thereupon, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Town Attorney be and he hereby is authorized to enter into stipulation to dispose of the certiorari proceeding - Palmrich Gardens vs. Town of Mamaroneck relative to Block 408, Parcel 290 and Block 918, Parcel 1 for the tax years 1981 and 1982; -6- 00? and it is further RESOLVED, that the Town Attorney be, and he hereby is authorized to enter into stipulation to dispose of the certiorari proceedings - Metropolis Westchester Lanes, Inc. vs. Town of Mamaroneck relative to 2444 Boston Post Road for the tax years 1978 through 1981. 2. Police Chief's Request - Status Change - School Crossing Guard Pursuant to presentation of the Police Chief's memorandum, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that in accordance with the request of the Police Chief, this Board hereby authorizes that Celia Cirillo of 431 Jefferson Avenue, Village of Mamaroneck be, and she hereby is a full-time Guard effective January 4, 1982. 3. Authorization to Open Checking Account for Discretionary Fund of Community Services Upon presentation of Mrs. Samuels' memorandum, on motion by Council- woman Silverstone seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes that a checking account be opened with The Bank of New York, County Trust Region at 242 Mamaroneck Avenue, Mamaroneck, for the Discretionary Fund of the Town of Mamaroneck Ill Community Services; and it is further RESOLVED, that hereafter all deposits and withdrawals shall be authorized when signed by the signature or facsimile signature of Carmine A. DeLuca, Comptroller, or Elaine N. Samuels. 4. Salary Authorization: a) Recreation Pursuant to presentation of the Recreation Superintendent's memoranda, on motion by Councilman Bloom and seconded by Council- man Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes that Vivian Lawrence, Assistant Manager of the Hommocks Ice Rink be compensated at the rate of $6.00 per hour, effective January 4, 1982; and it is further RESOLVED, that this Board hereby authorizes that Matthew Judice, Recreation Assistant at the Hommocks Ice Rink be compensated at the rate of $2.75 per hour effective January 2, 1982 and re- placing Zoe Holgate, and that Lauren Brandstadter, Recreation Assistant at the Hommocks Ice Rink be compensated at the rate of $2.75 per hour effective January 5, 1982 and replacing Mary Kay Turner. -7- 0013 b) Highway Department Following presentation of the Highway Superintendent's memorandum by Councilman Amlicke and his notation that Mr. Graver has had many years of experience and he will be bringing many of his own equipment to the job, on motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes that Henry J. Graver, Auto Mechanic be compensated at the rate of $16,925.00 per annum, effective January 1, 1982 and replacing James T. Aitchison who resigned effective January 1, 1982. COMMUNICATIONS 1. Notice of Annual Meeting - Association of Towns Designation of Delegate and Alternate The letter addressed to the Town Clerk by the Association of Towns was presented and following some discussion, on motion by Councilman McMillan, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Supervisor, Leo Goldsmith, Jr. be and he hereby is named as delegate to attend the Annual Business Session of the Association of Towns of the State of New York, to be held in New York City on February 17, 1982 and to cast the vote of said Town of Mamaroneck pursuant to the By-Laws and Constitution of said Association; and it is further RESOLVED, that Councilman Lee H. Bloom be and he hereby is named as alternate delegate to the afore- said Business Session. NOT ON AGENDA Mrs. Margaret Shultz, Alden Road, Town asked about the law requiring smoke alarms and the Supervisor told her that it was not a state;law,r, but a county law and advised why the Town has not taken advantage of the program offered by the County relative to the smoke detectors for senior citizens. He stated that in the agreement to be signed, the County wishes to be held harmless which causes the Town problems with its insurance coverage and further noted that the matter is being pursued in hopes that the County will change that provision in the Agreement. NOT ON AGENDA Supervisor Goldsmith announced that the Attorney for Melron Amusement Corporation wished to have a conference with the Supervisor relative to pending litigation. Councilman Bloom referred to the Town Board meet- ing of November 18, 1981, a meeting at which the Supervisor was not present, and noted that the subject of a meeting came up at that time. Councilman Bloom further noted that nothing should be done in secret and the meeting should be exploratory in nature and after some further discussion on the matter, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously -8- O( 9 RESOLVED, that this Board hereby authorizes the Supervisor and Town Attorney to meet with Roger Sirlin, Attorney for Melron Amusement Corporation to discuss pending litigation against the Town relative to the local law on Mechanical Amusement Devices and the denial of the special permit application for Cook's Restaurant. THE TOWN CLERK Regular Reports The Clerk presented the Report of the Town Clerk's Office for the month of December 1981 and the report of the Building and Plumbing Inspector's Office for the month of December 1981. THE SUPERVISOR 1. Report re Cable T.V. - Apartment Buildings Supervisor Goldsmith reported that a notice clarifying the many in- quiries regarding the right of the landlord and tenant with respect to the installation of cable television facilities will be sent to all landlords and superintendents in the Unincorporated Area. THE COUNCILMEN Councilwoman Silverstone thanked everyone for the welcome upon the oc- casion of her first meeting and reported that she had waived her right to the health and dental coverage and saved the Town money by doing so. Councilman Bloom stated that the State Department of Transportation should be pressed to conduct a traffic study in the area of the Thruway exit and entrance and also asked the Clerk to obtain a copy of the pri- vate study done in Larchmont Village. Councilman Bloom referred once more to his suggestion to have liaisons from both Villages to assure them of a voice in Town matters and follow- ing some discussion, it was unanimously agreed that Mr. Bloom and Mrs. Silverstone would be the liaisons to the Villages and that the Supervisor would write to the Mayors for recommendations for the Village liaisons to the Town. Some discussion followed Councilman Amlicke's statement that the Litter Task Force is looking into each community's laws relative to litter and noted specifically the condition of the Town Yard and thanked Mr. Leddy and Mr. Kellogg for undertaking a program to keep the improved look, but wondered what could be done about dumping by other than Town employees. ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, the meeting was declared adjourned at 9:33 P.M. -9- 010 BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1. Claims Commissioner Bloom presented the fire claims for authorization of pay- ment and on his motion, seconded by Commissioner McMillan, 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: Uniform Rental Inc. $ 27.02 American Insurance 135.00 New York Telephone Co. 32.98 Redwood Nursery 55.50 Westchester Joint Water Works 56.61 Richard Shaw 4.13 New York Telephone Co. 689. 78 $1,001.02 2. Other Business Commissioner Bloom recognized the presence of the new Fire Chief, Richard Shaw and noted that he will be officially installed this weekend. ADJOURNMENT There being no further business to come before this Commission, on motion duly made and seconded, the meeting was declared adjourned at 9:35 P.M. Town 1 rk -10-