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HomeMy WebLinkAbout1982_04_21 Town Board Regular Minutes 078 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 21ST DAY OF APRIL 1982 IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. IllThe meeting was called to order by Deputy Supervisor Lee Bloom at 8:15 P.M. Present were the following: Deputy Supervisor Lee H. Bloom Councilman Stewart J. McMillan Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Supervisor Leo Goldsmith, Jr. was not in attendance at this meeting due to illness. Also present were the following: Dorothy S. Miller, Town Clerk James J. Johnston, Town Attorney Charles S. Baumblatt, Police Dhief Carmine A. DeLuca, Comptroller Charles R. Elfreich, Town Engineer Patrick Thomas Leddy, Highway Superintendent Deputy Supervisor Bloom at this time pointed out to those assembled the location of the exits as required by law for public gatherings. ADJOURNED PUBLIC HEARING: Water District #1 Improvements On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the public hearing be, and it hereby is, declared open. Once again, Deputy Supervisor Bloom noted the need for the public hearing was to approve the purchase and installation of new water mains in West Brookside Drive and Hudson Place and a new gate valve in Cooper Lane. There was no discussion in favor or in opposition to the proposal. Thereupon. on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the public hearing be, and it hereby is, declared closed. Pursuant to the Deputy Supervisor's query as to the Board's pleasure, on motion by Councilman McMillan, seconded by Councilman Amlicke, it was unanimously -1- 079 RESOLVED, that this Board hereby approves the proposal to purchase and install new water mains in West Brookside Drive and Hudson Place and the purchase and install- ation of a new gate valve in Cooper Lane at a maximum estimated cost of $90,000.00; and be it further RESOLVED, that the Comptroller be, and he hereby is, authorized to obtain the necessary papers for the bonding of said project. PUBLIC HEARING: Amendment to Fire Prevention Code re Blasting Permits and Applications On motion by Councilman McMillan, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the public hearing be, and it hereby is, declared open. A brief discussion ensued during which the Town Attorney clarified the need for the amendments and since no one else wished to address the Board on this matter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this public hearing be, and it hereby is, declared closed. Pursuant to the Supervisor's query as to the Board's pleasure, on motion by Councilman McMillan, who noted his motion was subject to the correction of a typographical error in the notice, and seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board authorizes that Chapter 27, the Fire Prevention Code of the Town of Mamaroneck, Article II, entitled Permits, Sections 21 and 22, entitled respectively, Blasting Permits and Blasting Permit Application be amended as follows: A. That there be added to the present wording of Section 21 the following sentence: A valid certified copy of the Certificate of the blaster's competency: issued by the State of New York Department of Labor for each person who will detonate explosives must be supplied to the Building Inspector; and B. That there be added to the present wording of Section 22, the following paragraph: No permit shall be issued by the Town Clerk unless the applicant submits with the application a certificate of insurance issued by an insurance company authorized to do business in the State of New York and in a form acceptable to the Town Attorney certifying -2- 080 that the applicant has in full force and effect a policy of public liability insurance including a specific endorsement covering all liabilities that might arise from blasting and providing bodily injury and wrongful death coverage of not less than five hundred thousand dollars ($500,000.00): for each person injured; two million dollars ($2,000,000.00) for each accident, as well as two million dollars ($2,000,000.00) for all property damage. In addition, the applicant shall furnish the Town with a copy of a public liability and property damage policy insuring the property of the owner of the site where the blasting is to take place or the developer of such property for not less than the limits set forth above. The Building Inspector may, in his discretion, require insurance for additional amounts if he, in his sole judgement, deems the originally filed insurance to be inadequate. Additionally, the Building Inspector may require the applicant to furnish the Town with a certified list of properties and/or structures inspected by the insurance company which could possibly be exposed to damage due to blasting operations in the area. This requirement must be met before the blasting operation permit is issued. APPROVAL OF MINUTES The minutes of the regular meeting of December 2, 1981 were presented and action was deferred to the next meeting. The minutes of the regular meeting of February 24, 1982 were presented and, on motion by Councilman Amlicke, seconded by Councilman McMillan, unanimously approved as amended. The minutes of the regular meeting of March 3, 1982 were presented and on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, unanimously approved as corrected. OLD BUSINESS 1. Decision - Nursery School - Larchmont Acres - Special Permit Application Deputy Supervisor Bloom noted the Board's decision at the last meeting to reserve decision on the above-captioned matter until this meeting and Councilman McMillan stated he would refuse his right to vote since he had not had the privilege of hearing any of the evidence presented. Mr. Bloom reviewed the application and the proposed location. He further noted the Applicant for a Special Permit Application must meet all four criteria as set forth in the Town Code, Chapter 89, Section 49, Paragraphs A-D. The Deputy Supervisor further stated that the proposal does not meet C and D since the operations of the nursery school will -3- 081 cause parking congestion and traffic problems. Both Councilwoman Silverstone and Councilman Amlicke agreed that after listening to the presentation at the public hearing and giving a great deal of thought to the proposal, they felt that this application for a nursery school would. not satisfy this need for day care facilities at Larchmont Acres and since no need for a nursery school has been demonstrated, primarily children being transported in from other areas would be III accomodated. They further noted that the noise would be offensive and objectionable to the many senior citizens residing in the apartment building in close proximity to the proposed site; the fact that the playground is inadequate for the residents of the complex, would cause a strain if used by the proposed nursery school; that the already inadequate parking situation would become further overburdened and the increased traffic would add to the existing traffic problem. Thereupon, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, the following resolution was adopted unanimously by those who had been in attendance at the public hearing with Councilman McMillan abstaining from the vote because he had not been in attendance at the public hearing: RESOLVED, that this Board hereby denies the Special Permit Application on Samson Management Corp. , relative to the proposed Nursery School at Larchmont Acres. 2. Appointments - Board, Commissions, Committees Deputy Supervisor Bloom noted the urgent need to make an appoint- "' meat to the Board of Review which hears protests against the tax roll and that after seeking applicants, their names were submitted to Mayor Quigley for review. He then submitted to the Board for their consideration the name of Eric J. Almquist and reviewed his activities and qualifications. Thereupon, on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, the following resolution was adopted by a majority vote, with Councilman McMillan voting in the negative since his preference was for the other candidate: RESOLVED, that Eric J. Almquist of 49 Stuyvesant Avenue, Larchmont Village, be, and he hereby is, appointed a member of the Town of Mamaroneck Board of Review, filling the vacancy created by the resignation of William N. Steinam, effective immediately and ending December 31, 1983. Deputy Supervisor Bloom presented the qualification of Emil Nicolaysen, who has expressed an interest in serving on the Planning Board, and on motion by Councilman Amlicke, seconded by Councilman McMillan, it was unanimously RESOLVED, that Emil Nicolaysen of 138 Murray Avenue, Town, be, and he hereby is, III appointed a member of the Town of Mamaroneck Planning Board filling the vacancy created by the resignation of G. Norman Blair effective immediately and ending July 6, 1986. -4- 082 Councilman McMillan presented the request of the Examining Board of Plumbers relative to filling the vacancy on their Board. After presentation of Mr. Lanza's qualifications, on motion by Councilman McMillan, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Francis D. Lanza of 1612 James Street, Mamaroneck Village, be and he hereby is, appointed a member of the Town of Mamaroneck Examining Board of Plumbers, filling the vacancy created by the resignation of Paul Rigano, Jr. effective immediately and ending December 31, 1982. At this time, Deputy Supervisor Bloom proposed names of persons to serve as members of the Committee to study uses of the Town Center at 740 West Boston Post Road after the Town takes title in September and suggested that the Group's first meeting be held on Saturday, May 1st at 10:00 A.M. provided permission is obtained from the School Board for a tour of the building to be conducted. He further noted that the Committee would research, discuss and recommend ways the Town can best utilize the space in the building and it was further suggested that all Board members serve as liaisons to the Committee with representation from Department Heads. Thereupon, on motion by Councilman Amlicke, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby approves the Deputy Supervisor's appointments to the Town Center Study Committee, namely: Suzanne Carpenter, President of the Larchmont League of Women Voters; Ina Gordon, President of the Mamaroneck League of Women Voters; Village of Larchmont Trustee, Nan Forger; Mayor Suzi Oppenheimer and Trustee Beth Hofstetter of Mamaroneck Village; Thomas Nealon of the Committee on Family and Youth; Rene Simon of the Larchmont Art Shop and Arthur Gasparini, or his designee, from the Property Owners' Association; and be it further RESOLVED, .that all appointees be advised of the first meeting to be held in the Supervisor's office at 10:00 A.M. on Saturday, May 1, 1982. 3. Update - Town Administrator Deputy Supervisor Bloom noted the Board has definitely been moving ahead and working hard on the hiring of an Administrator. He stated that: six (6) persons have been interviewed thus far; another five (5) reside in the midwest and there has been some hesitancy in having them come in for an interview without seeing the Supervisor; an application has recently been received from upstate New York and that person will be contacted for an interview; and Councilman Amlicke having been away and unable to participate in any interviews but Mr. Bloom and Mrs. Silverstone have conducted all interviews, with Mr. McMillan sitting in on a few. -5- 083 Carol Beach asked if the candidates already seen will have to be seen by the Supervisor and Mr. Bloom answered that he is not sure at the present time, and noted that Supervisor Goldsmith was home from the Hospital and that he (Mr. Bloom) has visited him and discussed Town affairs. Councilwoman Silverstone further noted that the Board hopes to make a decision on someone in close proximity and be cautious about moving someone here, incurring such expenses, but added that a definite decision has yet to be made about whether or not Deputy Supervisor Bloom will go out to Michigan to interview an impressive-sounding candidate. 4. Communication - Little Harbor Sound Civic Improvement Assoc. - Hommocks Field Discussion followed the Deputy Supervisor's presentation of the above-captioned communication with input from Board members, Town Engineer, Town Attorney and Conservation Director and Margaret Shultz about the present condition of the field, germination, items remaining to be corrected and possibility of legal action. It was decided that Mr. Bloom would be provided with a list of what needs to be done and, on motion by Councilman McMillan seconded by Councilman Amlicke, it was unanimously RESOLVED, that Deputy Supervisor Bloom is hereby authorized to communicate with the Attorney for Little Harbor Sound Civic Improvement Association, Inc. relative to specifying in detail the items which have yet to be completed on the Hommocks Field. 5. Discussion - Proposed Changes - Parking Lot #1 (Set Date for Public Hearing Authorization - Letter to Non-Resident Permit Holders) A very lengthy discussion followed Councilwoman Silverstone's notation that her efforts and those of the Town Clerk have recently been concentrated on Lot ##1 due to Larchmont Village's new regulations to become effective May 1st, calling for a differential fee for the privilege of parking at a meter. Options were presented to the Board for consideration to redesign Lot #1 to gain additional spaces or to remove meters in order to issue additional permits or allow permit holders to park at meters without inserting coins. Stricter enforcement and increasing fines for expired meters, continuation of non-resident parking permits and unauthorized parking in permit area were taken up during the discussion. Increasing the annual permit fee and meter fee were also discussed, with Councilwoman Silverstone objecting to the setting of high fees with the possibility of lowering after public hearing. Councilwoman Silverstone's motion for an annual fee of $150.00 failed because of the lack of a second, but upon motion by Councilman McMillan, who proposed $175.00 as the yearly fee, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby fixes May 5, 1982 as the date for holding a public hearing on the proposal to amend the Town Code and consider increasing certain -6- ( 84 fees in Chapter 54 entitled "Parking Lots" and it is further RESOLVED, that the Clerk be, and she hereby is, authorized to publish in The Daily Times, the Notice of said hearing specifically outlining the proposed new fees, as required by law. It was decided that the matter of increasing meter fees would be tabled for further study. Following the Clerk's request for authorization to communicate with the non-resident permit holders, on motion by Councilman McMillan, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Town Clerk is hereby authoized_to communicate with the present:-Lot- #1 non-resident permit holders advising of this Board's conclusion that_.their..permits not be renewed after January 31, 1983. 6. Report of Bids - Two-Way Radio Base Station - Highway Department The Town Engineer's memorandum was presented and it was noted that a recommendation on the above-noted bids would be presented at the Board's next meeting. 7. Report of Bids - Sale of Police Vehicles On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby accepts the only bid for the sale of five (5) police vehicles and authorizes the sale to Liberty Motors of Jersey City, New Jersey for a package price of $2,519.00. 8. Request - Old White Plains Road Residents - Connect to Private Sewer Questions followed presentation of the requests and the Town Engineer's memorandum. One of the petitioners, Mrs. Daniel Izard urged the Board's approval of the request as well as financial help in the cost, but it was noted that the Board may be prohibited by law from contributing financially. Following further discussion, it was decided that the Town Engineer and Town Attorney would study the matter and report back to the Board at the May 5th meeting. -7- 0 86 NOT ON AGENDA 1. Following his query, Leonard Martin was advised by Mr. Bloom and the Town Attorney that revisions to the Town's Fire Code are being worked on while waiting for the State to issue their new regulations. 2. Mr. Martin also inquired about the Supervisor's and Town Attorney's authorization to meet with the Attorney for Cook's. He was told that a meeting was held with Mr. Sirlin on April 14th and when the Town indicated they saw no need to be flexible in the matter, Mr. Sirlin advised that he and his clients would proceed with the case and at present everyone is awaiting a decision since the case was heard on Friday, April 16th. 3. The Town Attorney advised Leonard Martin that it has been determined that the Town has no part in the dredging study. 4. Margaret Shultz asked about the composting site on Taylors Lane in Mamaroneck Village and was advised by Conservation Director, P.T. Leddy, that the site is still being used and Councilman Amlicke noted that the C.A.C. is addressing this matter and looking into alternate sites should Mamaroneck Village close Taylors Lane. NOT ON AGENDA A very extensive discussion followed the presentation of a letter from Thomas Nealon, Town Democratic Chairman, which was relative to the Town Police Department investigation and made a part of the record of this meeting. While addressing the Board, Mr. Nealon called for a full and complete investigation of the management, supervision and control of the Town Police Department and the Town's handling of the entire matter. He also made reference to a recent report by the District Attorney's Office in which it was stated that no evidence of wrongdoing on the part of any town officials or present police department personnel was found, buts_ Mr. Nealon indicated that Deputy Supervisor's Bloom's pleasure with said statements was both premature and conclusory. Both Deputy Supervisor Bloom and Councilman McMillan advised Mr. Nealon that they took exception to some of his comments and that he had misinterpreted the facts. Mr. Bloom defended the actions of Town officials, noting specifically that the police commission set-up had. been created in that manner to keep police matters out of politics and exceptionally good commissioners have served this Town in the past and present. He further advised that changes have been made to correct the practices that were termed lax, and Councilwoman Silverstone asked for an explanation of such changed practices. Mr. Bloom explained and gave as examples the fact that under the guidance of the Police Chief, an update has been made of the inventory at Police Headquarters and that the Comptroller's office is working on an update of the 1980 inventory with the look toward setting up a cardex system which will make periodic updating easier and more efficient. -8- 086 In addition to Mr. Nealon and Board members, others taking part in this discussion were: Margaret Shultz, Carol Beach, Leonard Martin, Joseph Mirabella, Walter Lowman and Peter Perciaseppe. Additional topics covered in the discussion were: maintenance of police vehicles, investigation relative to the file missing from the Comptroller's office, proposal to abolish present police commission set-up and look into other ways to oversee the P olice department and manner and extent of district attorney's investigation of the matter. NEW BUSINESS 1. Proposal - Second Meeting in June The Deputy Supervisor noted Councilwoman Silverstone's suggestion to consider holding a second meeting in June. It was decided that the date would be set at the June 2nd meeting. 2. Salary Authorizations: a) Recreation b) Promotions - Highway Department c) Senior Typist - Police Department a) Recreation On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes that Regina A. DeNatale, Director of the Day Camp at Flint Park be paid a salary of $1,300 and Janine Buccolo, Assistant Director of said Camp, be paid a salary of $575.00 (l of total salary of $1,150.00) both for a period of seven weeks (June 28th through August 13th, 1982) . b) Promotions - Highway Department On motion by Councilman Amlicke, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes that Brian R. Soriano, Motor Equipment Operator, be compensated at the rate of $15,095. per annum, effective April 22, 1982; and be it further RESOLVED, that this Board hereby authorizes that John W. Phillipson, Motor Equipment Ill Operator, be compensated at the rate of $15,095. per annum, effective April 22, 1982. -9- Ofd ` c) Senior Typist - Police Department On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes that Arline Stefanisko, 122 Argyll Road, New Rochelle, be engaged as Senior Typist III in the Town Police Department and be compensated at the rate of $12,555. per annum, effective April 26, 1982. 3. Authorization - Tax Lien Sale The Comptroller explained that the liens now totaled $300,000, but many will be settled before the sale and thereupon, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes that a Tax Lien Sale be held on Friday, May 21, at 10:00 A.M. for the 1981 Town and County Taxes and the 1981-82 School Taxes. 4. Resolution of Tribute - Highway Department Retiree On motion by Councilman McMillan, seconded by Councilman Amlicke, the Resolution of Tribute annexed hereto, was adopted. III 5. Town Clerk's Request - Attendance at Records Management Workshop - Bear Mountain On motion by Councilman Amlicke, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes the reimbursement of expenses not to exceed $15.00 to the Town Clerk for her attendance at the Records Management Workshop at Bear Mountain on April 29, 1982. 6. Authorization - Issuance of: $850,000 Public Improvement (Serial) Bonds - 1982 Deputy Supervisor Bloom stated that the above-captioned represents a turnover of previous bond anticipation notes and thereupon on motion by Councilman McMillan seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes III the conversion of bond anticipation notes into $850,000 public improvement serial bonds to be sold on April 29, 1982. -10- ( %8 T R I BUT E WHEREAS, Vincent Rinaldi, a member of the Town of Mamaroneck Highway Depart ment for III over twenty years, will retire on April 23rd, 1982, and WHEREAS, his loyalty to our community and its residents has been unfailingly demonstrated all of these years by the untiring perform- ance of his duties always discharged with competence and diligence, NOW, THEREFORE, BE IT RESOLVED, that we, the members of this Council, do hereby unanimously adopt this resolution to be spread upon the minutes of this meeting in tribute to -- VINCENT RINALDI Ill and be it further RESOLVED, that a copy of this resolution be forwarded to him with our sincere appreciation and thanks for his outstanding service and very best wishes for the future. Lee H. Bloom Deputy Supervisor for the Town Council Dated: April the 21st, 1982. -11- 0R9 NOT ON AGENDA When Mrs. D'Alba of Garit Lane addressed the Board relative to the parking problems on her street because of the ban on overnight street parking, she was advised that the matter would be referred to the Traffic Commission who would look at the situation and report back to this Board with their findings and recommendations. COMMUNICATIONS 1. Letter - Don Brown re Proposed Nursery School, Larchmont Acres The noted communication was ordered received and filed since the matter was decided earlier in the meeting under OLD BUSINESS - item #1. 2. Letters - Proposal from Consulting Engineers re Hommocks Pool Upon review of the communications, Deputy Supervisor Bloom noted he was glad to see that the matter is going forward. NOT ON AGENDA Mayor Quigley's letter was presented and Mr. Bloom referred to a meeting held in September 1981 during which concerns about the future of the reservoir area were expressed and Larchmont indicated their desire to be relieved of the property and the Town indicated a desire to acauire the property and keep it as open space. He further noted that at the conclusion of that meeting, which included Village and Town representatives, as well as Friends of the Reservoir, it was decided that the Town and Village Attorneys and the Assessor would seek appraisals. It was also noted that Messrs. Bloom and Amlicke would attend a meeting on April 22nd with the Friends of the Reservoir and after conferring with the remaining Board members, he would communicate with Mayor Quigley. NOT ON AGENDA A letter from Martin Payne of 4 South Ridge Road regarding snow removal was presented and Mr. Leddy was asked to discuss the matter with Mr. Payne. THE TOWN CLERK Regular Reports The Clerk presented the Reports of the Building and Plumbing Inspector's Office and the Report of the Town Clerk's Office for the month of March 1982. -12- 090 REPORTS OF THE DEPUTY SUPERVISOR Mr. Bloom noted. that his reports have been taken up at earlier times during the meeting. REPORTS OF COUNCILMAN AND COUNCILWOMAN Mr. Amlicke 1. Glass Recycling Councilman Amlicke gave a brief report on the Town's glass recycling program and noted that as much as $45.00 per ton could be derived from such recycling. 2. Paper Recycling at Town Offices Councilman Amlicke reported that the Town Clerk has advised him that paper for recycling is saved and collected every Wednesday by Mamaroneck Village. ADJOURNMENT There being no further business to come before the Board, on motion unanimously made and seconded, this meeting was declared adjourned at 11:20 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 fire claims for authorization of payment and on motion by Commissioner McMillan, seconded by Commissioner Silverstone, 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. $ 143.50 Brewers Hardware 31.67 Con Edison . 3.00 Con Edison 2.00 Con Edison 38.53 Crown Products Co. 378.20 Crown Products Co. 50.70 I & T Plumbing & Heating, Inc. 30.00 Mid-Valley Petroleum Corp. 391.85 Portronix Communications 919.75 Roberts Dept. Store 1,106.00 Westchester Joint Water Works 7,925.00 Westchester:Rc kland Newspapers 11.20 $11,031.40 -12- 091 2. 75th Anniversary - Town Fire Department Commissioner Bloom presented memorandum from the Comptroller and Fire Department requesting the appropriation of funds to help defray expenses to be incurred for the 75th Anniversary celebration. Following a brief discussion, on motion by Commissioner McMillan, seconded by Commissioner Amlicke, it was unanimously RESOLVED, that this Commission hereby authorizes the appropriation of $4,300. to help defray the costs of the Town of Mamaroneck Fire Department's 75th Anniversary celebration to be held at the Firehouse on Saturday, September 11th. 3. Interior Painting of Firehouse Joseph Mirabella addressed the Board relative to the need for the auditorium to be painted. He was advised that consideration is being given to the matter and bids will be solicited in the near future. ADJOURNMENT There being no further business to come before the Commission, on motion duly made and seconded, the meeting was unanimously declared adjourned at 11:27 P.M. Town Clerk Dorothy S. Miller -13-