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HomeMy WebLinkAbout1982_02_10 Town Board Regular Minutes 017 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 10TH DAY OF FEBRUARY 1982 IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. The meeting was called to order by Supervisor Goldsmith at 8:15 P.M. IIIPresent were the following representing all members of the Board: 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 Charles R. Elfreich, Town Engineer Patrick Thomas Leddy, Highway Superintendent At this time the Supervisor pointed out the location of the exits for those assembled as is required by law for public gatherings. APPROVAL OF MINUTES The minutes of the regular meeting of November 18, 1981 were presented and on motion by Councilman Bloom, seconded by Councilman McMillan, unanimously approved with corrections. The minutes of the regular meeting of January 6, 1982 were presented and on motion by Councilman Amlicke, seconded by Councilman Bloom, un- animously approved with corrections. OLD BUSINESS 1. Follow-up on Report of Bids - Front End Loader An extensive discussion followed the presentation of the memorandum addressed to the Town Board by Mr. Elfreich, Town Engineer and Mr. Leddy, Highway Superintendent about the above captioned matter. During the discussion it was emphasized by the Engineer and Highway Superintendent that after their evaluation of the five bids submitted, dollar for dollar the Town's best investment would be with the purchase of the Caterpillar 930, said bid having been submitted by H.O. Penn. Other notations made in the discussion were: Councilman Bloom asked if any other company could meet the specifications besides H.O. Penn and inquired if the differences pointed out are significant enough to war- rant awarding to the highest bidder; Supervisor Goldsmith, Councilwoman Silverstone and Councilman Amlicke asked specifically about the perfor- mance of the electrical systems, starting mechanisms, transmissions, etc. It was further pointed out that many of the surrounding commun- ities use types other than the Caterpillar. Questions were asked about the old machine being presently used and Mr. Leddy stated he would like- - to keep it as a backup. The Engineer answered Mrs. Silverstone's query about the piece of equipment now being rented by the Town. -1- 018 At the conclusion of the discussion, Councilwoman Silverstone stated for the record, that she felt that the bid was badly handled; that in the future she wanted to be certain that bid specifications and public no- tices be checked with the Town Attorney to be certain they comply with all legalities; that specifications in the future be written broadly enough so that more than one supplier can comply and that non-collusive statements be attached to the specifications. She further added that, nevertheless, she has been convinced that the Caterpillar is the best buy for the Town and thereupon, on Councilwoman Silverstone's motion, which was seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby accepts the bid of the high bidder, namely H.O. Penn for one (1) Front End Loader in the amount of $82,974.00, since that company was the only bidder to comply with all specifications. 2.. Release of Retained Percentage - Edgewood Avenue Sanitary Sewers The Engineer presented his memorandum and following some discussion during which Mr. Elfreich advised the Board that a good job has been done and only the patch work remains to be done since all underground work is completed. He also noted that the remaining work, which is the resurfacing, will be done in the Spring. Thereupon, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes the acceptance of a Maintenance Bond No. 74 SB 38971BCA in the amount of $3,713.80 in lieu of the 10% re- tained percentage -for the portion of the work _com- pleted to date, to Bilotta Construction Corporation for Contract No. 81-3, Sanitary Sewers on Edgewood Avenue, as approved by the Town Attorney. 3. Bond Resolution - Authorize Financing - Edgewood Avenue Sanitary Sewers In furtherance to the aforesaid project, the following resolution was offered by Councilman Bloom, who moved its adoption, seconded by Coun- cilman McMillan, to-wit: BOND RESOLUTION DATED FEBRUARY 10, 1982. A RESOLUTION AUTHORIZING THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF SEWER DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $136,000. AND AUTHORIZING THE ISSU- ANCE OF $136,000. SERIAL. BONDS OF SAID TOWN TO PAY THE COST THEREOF. RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The increase and improvement of the facil- ities of Sewer District No. 1 in the Town of Mamaroneck, Westchester County, New York, consisting of the recon- struction of approximately 900 feet of 8-inch sanitary sewer laterals in Edgewood Avenue from Murray Avenue to North Chatsworth Avenue, including appurtenant fa- cilities and incidental improvements, is hereby authorized. Section 2. The maximum estimated cost of such specific object or purpose is $136,000. and the plan for financing -2- 019 thereof is by the issuance of the $136,000. serial bonds of said Town hereby authorized to be issued pursuant to the provisions of the Local Finance Law. Further details pertaining to said bonds will be prescribed in a further resolution or resolutions of this Town Board. Section 3. It is hereby determined that the per- iod of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to sub- division 4 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 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 re- spectively become due and payable. An annual appro- priation 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 antic- ipation 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 valid- ity 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 immed- iately, 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. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Leo Goldsmith, Jr. VOTING Aye Caroline Silverstone VOTING Aye Stewart J. McMillan VOTING Aye Thomas R. Amlicke VOTING Aye Lee H. Bloom VOTING Aye -3- • 'iA The resolution was thereupon declared duly adopted. 4. Engineer's Recommendation re Hommocks Field Charles Elfreich, Town Engineer presented his memorandum and reviewed the project since its inception noting that he has frequently in- spected the site since the Fall of 1981 and that although some curbing along Hommocks Road needs repair and some sprinkler heads need adjust- ment, he is recommending final acceptance of the Hommocks Field and urged that a schedule of material, labor and equipment be developed to properly develop and maintain the field in the future in order that it be used as a playing field for the soccer league. Supervisor Goldsmith and Councilman Amlicke both stated that this matter should be carefully looked at before a decision is made and no action was taken. 5. Communications re Tax Assessments - Kathryn and Otto Scheuble Councilman Bloom reviewed the matter being referred to by the Scheubles as has been done many times before and Councilman Amlicke noted his re- cent discussions with Mr. Scheuble and offered to stay after this meet- ing to talk further with Mr. Scheuble. Mr. Bloom made further references to his very lengthy letter of explanation to Mr. and Mrs. Scheuble and Councilman McMillan advised Mr. Scheuble that this Board could not alter a decision made in Court. After further discussion, both Councilmen Bloom and Amlicke offered to meet with Mr. Scheuble at a mutually con- venient time to clarify the situation. Not on Agenda Mr. Scheuble brought up the matter of being cited by the Building In- spector for a fence violation. He was advised to take up this matter with Mr. Paonessa. NOT ON AGENDA 1. Leonard Martin asked if the meeting requested by Roger Sirlin, Attorney for Melron Amusement Corp. had taken place and was advised by the Supervisor that it had not due to several conflicts in dates. 2. Mr. Martin also asked if the dredging matter had been resolved. He was advised that although a meeting had been held, Larchmont Village still is not sure of their participation, noting that it would depend on the participation of the Town. However, it was stated by the Super- visor that the Town cannot participate in the dredging study since there is no waterfront property owned by the Town. 3. Thomas Nealon addressed the Board as the Chairman of the Committee on Family and Youth and requested that consideration be given to housing the Senior Center and Teen Center at the School-Town Center after the Town purchases the building. Supervisor Goldsmith referred to his and Councilwoman Silverstone's recent discussion on this matter and noted that all organizations wishing space in the building put their requests into writing so they can be on record at the appropriate time of de- cision making, but further noted that the high cost of heating that building may prohibit night and weekend uses. 4. Suzanne Carpenter, President of the Larchmont League of Women Voters inquired about the status of the Town Administrator. The Supervisor noted that an advertisement had been run last Fall and that many appli- cations and resumes have been received which have been screened by -4- 0'l former Supervisor Joseph Vandernoot and former Village of Mamaroneck Mayor Arthur Phillips. Mr. Goldsmith further stated that it is time now for the Board to start interviews based on the recommendations made by the two persons who did the screening but could not estimate ' how long the interviewing process would take or when such a person would be hired. 5. A Town resident advised the Board that a rumor that the pool will be closing down has been circulating and wished to know if there was any truth to that rumor. Supervisor Goldsmith answered that the School Board will probably have to close the pool to do extensive repairs. Councilwoman Silverstone reported that she had attended the pool com- mittee meeting and learned that the pool loses some 15,000 gallons of water each day through intake pipes. Repair of this condition would mandate closing the pool. Robert Cammer referrred to the last 'time the pool had to be closed and his part in getting remittances on per- mit fees and hoped that would not be necessary this time because he hoped this could be done speedily. Councilman Bloom stated this will be a costly project and time and careful study must be given to the decision on how to resolve the problem especially the financing and sharing of costs with the School District. Councilman McMillan added that the Board also hopes this can be accomplished without becoming entangled in legalities. 6. Councilwoman Silverstone asked that the record show this Board's acknowledgement of the contributions of three students of the Mamar- oneck High School Industrial Arts Department: David Koenig and Daniel Wexler, presently college students and Rob Wolf, who is now a senior at the High School. She went on to state that these young men, while enrolled in a class with Mr. Craig Romanek, measured the space in the School-Town Center and drew floor plans of the basement, first and second floors. She further noted that the plans were used, after minor changes, by the Town's Engineering Department, as a basis for current floor plans to be useful in the months ahead in planning the new layout of that building. Following motion being duly made and seconded, the Board unanimously expressed their thanks and appreciation to these fine young men. NEW BUSINESS 1. Reappointment - Zoning Board of Appeals - Stephen K. Carr Councilman Bloom reviewed Mr. Carr's qualifications and his service thus far on the Zoning Board and on his motion which was seconded by Councilman Amlicke, it was unanimously RESOLVED, that Stephen K. Carr be and he hereby is reappointed as a member of the Town of Mamaroneck Zoning Board of Appeals, to serve .a five (5) year term of office, terminating on February 19, 1987. NOT ON AGENDA Ill1. Authorization to Engage Chief Negotiator re Police Contract Supervisor Goldsmith advised the Board that negotiations relative to the Police Contract are about to begin and noted that he has found a competent and experienced person for that purpose with considerable background in this area who will negotiate for the Town for $100.00 per hour with a ceiling price of $5,000. Pursuant to the Supervisor's request, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously -5- RESOLVED, that this Board hereby authorizes the Supervisor to enter into an agreement with Michael A. Hagan, Employee Relations Consultant of Ridgefield, Connecticut for services as Chief Negotiator and Spokesman for the Town of Mamar- onect in negotiations with the Town of Mamaroneck Police Benevolent Association, Inc. , said services to be in the amount of $100.00 per hour, with a ceiling of $5,000.00 NEW BUSINESS 2. Salary Authorizations: a) Recreation Pursuant to presentation of the Recreation Superintendent's memorandum, on motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes that Donna Chiodo, Recreation Attendant at the Hommocks Ice Rink be compensated at the rate of $3.50 per hour, effective January 30, 1982. b) Chief of Police In accordance with the memorandum addressed to the Town Board by the Police Commission, on motion by Councilman Bloom, seconded by Council- man Amlicke, it was unanimously RESOLVED, that as approved by the Police Commission, this Board hereby authorizes that Chief of Police Charles S. Baumblatt be compensated in that title at the rate of $32,100.00 per annum. Leonard Martin referred to discussion relative to the police department at the budget hearing and asked about the status of a new patrolman. Supervisor Goldsmith answered that the Police Commission has been auth- orized to hire and is following procedures to that end. 3. Comptroller's Request - Payment of Summer Theater 1981 Deficit A brief discussion followed presentation of Comptroller's memorandum, during which it was explained that in the past all three communities have shared equally in any deficits incurred by the Summer Theater Group. Thereupon, on motion by Councilman McMillan, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the payment of $406.10, said amount to cover the Town's share of the Larchmont-Mamaroneck Summer Musical Theater's 1981 deficit. 4. Comptroller's Request - Set Date for Public Hearing Comptroller Carmine Deluca advised the Board that certain water dis- trict capital improvements which are to be bonded, have been recommended by the Westchester Joint Water Works: replacement of 8" water main on West Brookside Drive, replacement of 6" water main on Hudson Place and replacement of 6" gate valve on Cooper Lane. Pursuant to Mr. DeLuca's -6- 0' 3 notation that a public hearing must be held, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Comptroller be authorized to obtain the necessary papers from the Bonding Attorney in order that a public hearing can be set. 5. Request for Use of Voting Machines - Mamaroneck Village The request of Mamaroneck Village Clerk for use of voting machines for the annual village election was presented to the Board. The Clerk ad- vised the Board'of her discussions with the County Board of Elections and the possible problem that could arise if the Villages have a close or contested election since some of those machines will be needed in the Town's Special Election on March 30th. It was suggested that rental machines be on standby and thereupon, on motion by Councilman McMillan, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby grants the request of Mamaroneck Village for the use of 17 voting machines to be used in the Annual Village Election of March 16, 1982. THE TOWN CLERK Regular Reports The Clerk presented the Report of the Town Clerk's Office and the report of the Building and Plumbing Inspector's Office for the month of January 1982. THE SUPERVISOR ,l. Proclamation - February - American History Month Supervisor Goldsmith referred to the request of Mrs. Symons, Historian of the Larchmont Chapter of NSDAR and on motion by Councilman Bloom, seconded by Councilman McMillan, the proclamation annexed hereto was proclaimed.. Councilman Bloom noted the program being presented this evening by local school students commemorating Black History Month and on his motion, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby proclaims the month of February as Black History Month in the Town of Mamaroneck. 2. Not on Agenda The Supervisor noted receipt of a communication from the Police De- partment relative to a proposed amendment to the parking regulations for parking longer periods of time on Vine Street. He further noted that it would be in order to hold a public hearing on the matter once more definitive information is received. -7- 3. Not on Agenda Supervisor Goldsmith advised that he has written to the Automobile Club of New York relative to the matter of the no parking proposal on Weaver Street from Plymouth Road to Boston Post Road and talked to Richard Newhouse of that organization and referred him=to the Police Department. NOT ON AGENDA 1. Leigh and Constance Diamond, senior citizen residents of 47 Fernwood Road, Town, addressed the Board about the parking problem encountered by those who occasionally travel by train to New York City after 9:00 A.M. and suggested the following: that parking spaces should be reserved for persons who travel to New York City under the -same kind of circumstances in the area next to the ten- nis courts, putting in meters and giving neighbors in that area who do not want parking there some slight tax rebates; enter into an agreement with Larchmont Village to allow Town residents to park in their lots; and under the present conditions, no tickets be given out on these infrequent occasions. Councilwoman Silverstone suggested that the entire commuter parking problem be referred to the Planning Board and Supervisor Goldsmith noted that it is a matter for the Traffic Commission to study and report back to this Board. He assured Mr. and Mrs. Diamond that he would communicate to the Traffic Commission on their behalf also. 2. Robert Cammer referred to certain items taken up ealier in the meeting and asked how the decision is made as to matters to be dis- cussed in. Executive Session and those in public sessions. The Supervisor answered that is determined by state law, but related specifically how it happened_ that. the Board.- unintentionally.:drifted into discussion about items not specified for Executive Session. 3. In answer to a question by Thomas Nealon relative to any further information forthcoming from the District Attorney's Office regarding their investigation of the police matter, Mr. Goldsmith noted that the only information is that the investigation is continuing. 4. Theodore Brown of Lafayette Road, Town addressed the Board about his and other Town residents' dismay over the Village of Mamaroneck's new policy and rate structure for use of Harbor Island Beach and feels it excludes Town residents. The Supervisor explained that Town residents do not have vested rights to the beach, but stated he would speak to the Mayor and Village Manager about the matter. THE COUNCILMEN Mr. Bloom 1. Apportionment Councilman Bloom submitted to the Board a report with respect to an apportionment and on his motion, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the recommendation of the Assessor's Office in the form annexed hereto be and it hereby is in all respects approved relative to property located at 339 Center Avenue in the Village of Mamaroneck. -8- . J77_cencer Avenue. — --- Mamaroneck -=. • • REPORT OF TAX DEPARTMENT Apportionment in accordance with Paragrz'.ph 1 F..fth", Section 557 of the Wastchestr.r County. Administrative Code (Chapter 852 of the Lave c.. 1948 as amended) requested on c e � � Pr a-ray carried on the Assessment Roll of tares of REASON: Approved village of Mamaroneck resolution January 7, 1982 - Li— •.) , . . - illtPA T ENTAB.. R ECa.e!i,DATION 1981 1982_,; That the property carried on the A sessLentRoll of taxes of AS FOLLOWS: - • - .`:BLOCK PARCEL OWNER LAND IMPROVE, TOTAL - _ • .831 1 Peter & Ann Recchia 12,400 22,000 .- 34, 400 • - TO,.BE APPORTIONED AS FOLLOWS: - . BLOCK PARCEL OWNER . LAND IMPROVE.. TOTAL • 831 • • 1.1 Peter & Ann Recchia 6,400 12,200 18,600 . 831 . . 1.2 '. Peter & Ann Recchia 6,000 9,800 15,800 ' 1 • ///‘ , ASSESSOR • ACTION OF THE' TONS BOARD: Dated: a1/oii.2 At a meeting of the TOc n. Board held fal toreooidv petitica was Grid . (Granted. or Rejected) CERTIFIED FROM !F.E MINUTES . I �i 1Q _ -. .__. _ _ fl 6 2. Not on Agenda Councilman Bloom reviewed briefly the meeting held in Larchmont Village Hall on Tuesday evening, February 9th relative to train service problems at Larchmont Railroad Station. He stated that a Conrail representative noted there has been a 40% increase in ridership since 1975; the need to overhaul train cars has not been d-one due to budgetary restraints, this summer some rehabilitation and overhauling of some bar cars will be done to accommodate more people; within the next 3 to 5 years, the.New Haven line will get approximately 110 new or overhauled cars and gave promise that a review of schedules will be done to see what can be done, if any- - thing, but advised that any changes would just shift problems from one place to another. Mr. Bloom felt it was an honest, factual and infor- mative session and hoped the outcome would be that possibly a train to originate in Larchmont would be scheduled. He further noted that things could get worse before better since fewer cars will be in service when others are taken out of service for overhauling. Mr. Amlicke Councilman Amlicke made reference to state revenue sharing funds and other state aid programs from which certain of this Town's conservation and environmental programs are funded, the loss of which are being threatened by actions of Governor Carey. After some discussion, on motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to write to Governor Carey, Senator Pisani and Assemblyman Perone, urging continued State Revenue Sharing based on the 8 per cent formula and that State Aid for Environmental Management Council and Conservation Advisory Commission programs be continued at the 50 per cent reimbursement level. ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, the meeting was declared adjourned at 10:40 P.M. 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, which was 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: AAA Emergency Supply Co. , Inc. $2,996.65 R.G. Brewer, Inc. 102.91 Brigante Lawnmowers 5.00 Con Edison 3.00 Con Edison 2.00 -10-