HomeMy WebLinkAbout1983_03_02 Town Board Regular Minutes P-63
MINUTES OF THE REGULAR MEETINGS OF THE
BOARD OF FIRE COMMISSIONERS AND THE TOWN
BOARD OF THE TOWN OF MAMARONECK, HELD ON
THE 2ND DAY OF MARCH 1983 IN THE AUDITORIUM
OF THE WEAVER STREET FIREHOUSE, WEAVER
STREET, TOWN OF MAMARONECK
CALL TO ATTENTION - Location of Exits
Supervisor Goldsmith 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 Goldsmith at 8:15 P.M.
Present were the following:
Commissioner Leo Goldsmith, Jr.
Commissioner Lee H. Bloom
Commissioner Thomas R. Amlicke
Commissioner Caroline Silverstone
Commissioner Stewart J. McMillan was not in attendance at this meeting.
Also present were the following:
Dorothy S. Miller, Town Clerk
James J. Johnston, Town Attorney
Stephen V. Altieri, Town Administrator
Carmine A. DeLuca, Comptroller
Charles R. Elfreich, Town Engineer
P. Thomas Leddy, Highway Superintendent
1. Claims
Commissioner Bloom presented fire claims for authorization of payment
and on his motion, 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:
R.G. Brewer Inc. $ 203.18
Exterminating Services 31.86
D. Fletcher 6.80
I & T Plumbing & Heating Co. Inc. 187.00
New York Telephone Co. 8.00
Norco Electric 313.90
Portronix Communications, Inc. 916.50
Con Edison 43.09
Town of Mamaroneck Professional
Fire Fighters Association 110.04
$1,820.37 -
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ADJOURNMENT
There being no further business to come before the Commission,
on motion duly made and seconded, this meeting was declared
adjourned at 8:18 P.M.
CONVENE REGULAR MEETING
The Regular meeting of the Town Board was convened immediately
upon the adjournment of the meeting of the Board of Fire
Commissioners.
Present were the following:
Supervisor Leo Goldsmith, Jr.
Councilman Lee H. Bloom
Councilman Thomas R. Amlicke
Councilwoman Caroline Silverstone
Councilman Stewart J. McMillan was not in attendance at this meeting.
APPROVAL OF MINUTES
The minutes of the Regular Meeting of February 16, 1983 were
presented and following a brief discussion about additions and
deletions, action on this set of minutes was deferred until the
next meeting to allow time for review of the suggested changes.
DISCUSSION - Water Rate Increase Requested by Westchester Joint
Water Works
John Hock, Manager of the Westchester Joint Water Works explained
that the request was made because a deficit will occur in 1983
unless the increases are implemented. He gave. samplings of average
customer usage and cost before and after the increase. Mr. Hock
also noted that the last increase was for 5% in 1980 and the one
before that was in 1975. Some discussion ensued during which there
was clarification about uniform rate schedules, water conservation
and the percentage of water in reservoirs since the February
snowfall, and water loss through leakages. It was noted by
Mr. Hock that the Town/Village of Harrison has already authorized
a 10% increase and the request has not yet been made to the
Village of Mamaroneck due to the difference in their fiscal year;
and that the Town of Mamaroneck pays about 21%, Harrison 42% and
Mamaroneck Village about 37% of the operating costs of the Westchester
Joint Water Works.
At the conclusion of the discussion, on motion by Councilwoman
Silverstone, seconded by Councilman Bloom, it was unanimously
RESOLVED, that in accordance with the
recommendation of the Manager of the
Westchester Joint Water Works, this Board
hereby authorizes a 15% increase in water
rates in the Unincorporated Area of the
Town of Mamaroneck, to be effective in
March 1983;
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and be it further
RESOLVED, that this Board hereby
requests that the Manager of the
Westchester Joint Water Works provide
the Town Board with an analysis of
water usage according to a rate block
schedule.
Following further discussion, on motion by Councilman Bloom,
seconded by Councilman Amlicke, it was unanimously
RESOLVED, that this Board also requests
that the Manager of the Westchester
Joint Water Works provide this Town
Board, at his earliest convenience,
with various alternative rate structure
systems available to the Town and
include the effect on revenue to be
derived therefrom and also include the
effect on water conservation.
OLD BUSINESS
1. Discussion - Report of Town Center Study Committee
Prior to the start of the discussion, Supervisor Goldsmith thanked
the Committee for a well prepared report and Councilwoman Silver-
stone enumerated committee members who worked with her and, she too,
thanked them.
Councilwoman Silverstone first addressed the issue of the location
of police headquarters and reviewed previous study reports and
recommendations and she emphasized that by unanimous vote, the
recommendation of this Committee is to move the Town Police into
the Town Center. She also referred to the plans in the Engineer's
office for considerable renovations and additions to the current
police station on Edgewood Avenue which, she noted further, could
be an attempt to meet requirements of O.S.H.A. , but, she felt they
appeared to be more extensive than those requirements and counteract
the philosophy that attempts be made to consolidate the Town's
needs in one place. She went on to give solid reasons for moving
the police into the Town Center and cleared up misunderstandings
about how the police actually operate.
At this point, Mrs. Silverstone asked Rene Simon to explain his
work relative to proposed plans for the building. Mr. Simon used
his drawings of the building as it is presently and those showing
the concept of how the building can be changed to accomodate
moving in the police and justice court and also moving other offices
to alternate space in the building. After his presentation, he
recommended hiring an architect to look at and design areas of
both the interior and exterior spacings of the building. When
Councilman Amlicke asked if any dollar figures go along with the
proposal, Mr. Simon answered no for various reasons.
The discussion continued specifically about the advantages and
disadvantages of moving the police into the Town Center and it
was noted that the Police Chief and the former Police Commissioners
are not in favor of moving headquarters into the Town Center and
their reasons given. The matter of distance in relation to police
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protection and location of headquarters as well as the number
of police cars parked during a shift were included in the
discussion with clarifications being made. Councilman Bloom
noted that he has asked for comments on the advantages and
disadvantages of the present and proposed location from the
Bureau of Municipal Police, who are working on a survey report
of the Town Police Department and its operations. He felt that
another important item is what it will cost to implement the
Committee's recommendations and agreed that professional advice
should be sought. As the discussion proceeded, Councilwoman
Silverstone added that another part of the Committee's
recommendations is for the Town Justice Court to also be moved
into the Town Center, which the Town has already decided to do,
but emphasized that there is no intention, at this point, to move
the senior citizens.
Richard Murphy made comments about the location of a police
department not having any bearing on the operation of that department.
Following statements by Ralph Fisher, the discussion turned back to
the matter of the plans being drawn in the Engineer's office relative
to proposed extensive changes to the present police headquarters;
investigation of police department locations in Town of Rye, Shelton,
Connecticut and New Rochelle; petitions urging Town officials to
house all departments, except the fire department, in the building
purchased from the School District at 740 West Boston Post Road;
and the resolution adopted by the Heathcote Hills Association and
other of their correspondence requesting, among other things, that
negotiations for the sale of the 740 West Boston Post Road property
be abandoned. Supervisor Goldsmith replied to Mr. Fisher's
statements.
At the conclusion of the discussion of the committee's report and
recommendations thereof, Councilwoman Silverstone asked if the
Board would proceed on the Committee's recommendations to move
the police and court into the Town Center and Supervisor Goldsmith
agreed that professional help is needed before any decisions can
be made in light of expenditures to be made and asked the Engineer
to hold up on those plans on the Police Department's present
location until the Town gets a sense of direction that it does not
have now. Thereupon, on motion by Councilman Bloom, seconded by
Councilman Amlicke, it was unanimously
RESOLVED, that this Board hereby authorizes
the solicitation of architectural firms
and meetings to advise them of the Town's
desire to have various Town services
incorporated in one building;
and be it further
RESOLVED, that proposals be sought from
said architectural firms on the development
of the Town Center building and layouts of
the various facilities within the building.
At this time another of the Committee's recommendations, to have
the Study Committee continue to function in a watchdog role during
implementation of its recommendations, under the direction of
Rene Simon, was discussed. Supervisor Goldsmith stated that he
and Councilwoman Silverstone would discuss that proposal further.
Mr. Simon suggested that the group be comprised of six (6) or
seven (7) members if the decision is for the group to continue.
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2. Discussion - Daytime Parking (Larchmont Railroad Station)
Supervisor Goldsmith noted the purpose of this discussion is to
review the implementation of the recently installed meters along
Station Way and Vine Street. Councilman Amlicke reported from
first-hand knowledge that none of the traffic problems he had
envisioned had occurred and recommended that the status quo be
maintained. Councilwoman Silverstone stated that she had checked
with the Police Department and learned that no problems of added
congestion have been encountered in the area of the new meters
and she too suggested that the meters continue in full force.
At this time the discussion turned to the subject of the use of
Parking Lot #1 and issuance of parking permits to non-residents.
It was noted that although from time to time spaces are available,
Town residents pretty much fully utilize the permit area of the
lot and since meters that can be used by non-residents have been
added in close proximity to the railroad station, as discussed
above, there is no need to issue parking permits to non-residents
at this time. It was further noted that the matter will be reviewed
again at a subsequent meeting.
NEW BUSINESS
1. Request - Westchester Joint Water Works - Approval of Cost
Overruns
On motion by Councilwoman Silverstone, seconded by Councilman Amlicke,
it was unanimously
RESOLVED, that this Board hereby authorizes
additional funds of $2,600.00 for the
Westchester Joint Water Works project
A-892 (Carroll Avenue) .
2. Assessor's Request - Certiorari Settlement-N.B.W. Property Corp.
Some discussion followed the presentation of the Assessor's request
and both Councilmen Bloom and Amlicke expressed their concerns
about certain aspects of the proposed assessments and the
settlement. Councilwoman Silverstone asked the Town Attorney
about the February 28th court date to which he replied that the
case had been put over due to the possible settlement. At the
conclusion of the discussion, it was decided that Councilman Bloom
would contact the Assessor, George Derderian, advise him that the
matter has been deferred to the March 16th meeting, discuss with
him all questions raised this evening and request that he attend
the next meeting.
3. Resolution - County Clerk re Motor Vehicle Bureau
Upon notation that it was appropriate to adopt such a resolution
and instruction to the Clerk to provide the County Clerk with a
certified copy, on motion by Councilman Bloom, seconded by
Councilman Amlicke, the following resolution was unanimously
adopted:
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WHEREAS, it has been proposed by the Westchester
County Board of Legislators that the operation
of the Westchester County Department of Motor
Vehicles Auto Bureau be transferred from the
Westchester County Clerk's Office to the New
York State Motor Vehicle Bureau;
and
WHEREAS, in the past, this bureau has always
been handled by the Westchester County Clerk's
office in an outstanding fashion;
and
WHEREAS, it is the determination of this Town
Board that the proposed transfer would be
detrimental to Westchester County residents;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of
Mamaroneck does respectfully request the State
Legislature to reject the proposal that the
New York State Motor Vehicle Bureau assume the
operations of the Westchester County Department
of Motor Vehicles Auto Bureau;
and be it further
RESOLVED, that the Town Clerk be and she hereby
is authorized and directed to forward this
resolution to the Town's representative on
the County Board of Legislators, Diane Keane,
and to County Executive Andrew P. O'Rourke;
and be it further
RESOLVED, that a copy of this resolution shall
hereby be forwarded to Governor Cuomo,
Lt. Governor Alfred B. Del Bello, Senate
Majority Leader Warren M. Anderson, Assembly
Majority Leader Daniel B. Walsh, Senator
Joseph R. Pisani and Assemblyman John M. Perone.
4. Resolution - Schedule Joint Public Hearing re Petition of
UA-Columbia for Rate Increases
On motion by Councilman Bloom, seconded by Councilman Amlicke, it
was unanimously
RESOLVED, that March 22, 1983 is hereby set
as the joint public hearing date relative
to the petition of UA-Columbia for proposed
rate increases pursuant to Section 4 of the
Tri-municipal Agreement; said hearing to be
held in the Auditorium of the Weaver Street
Firehouse on Weaver Street in the Town of
Mamaroneck at 8:00 P.M.
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5. Appointment - Two Board Members for Panel at Joint Public
Hearing re UA-Columbia Petition for Rate Increases
On motion by Councilman Bloom, seconded by Councilman Amlicke,
it was unanimously
RESOLVED, that Councilman Thomas R. Amlicke
and Councilwoman Caroline Silverstone are
hereby appointed to the panel for the
joint public hearing on the petition of
UA-Columbia for proposed rate increases
pursuant to Section 4 of the Tri-municipal
Agreement.
6. Request of Location Hunter - Proposed Filming at 32 Echo Lane
The Supervisor reviewed the request and referred to the recent
legislation enactment by the Village of Larchmont due to
dissatisfaction of many residents about constant filming in
their neighborhoods. He emphasized that is not the case here,
but he is reluctant to give permission, placing a responsibility
on the Town when there is no structure for giving such approval,
to which Councilman Bloom agreed. Some discussion followed
relative to the Clerk's and Administrator's suggestion to require
the completion of an application and small fee and upon Councilwoman
Silverstone's suggestion to look into how this matter is being
handled in other areas, the Clerk was asked to obtain copies of
other communities' legislation from Code Publishers and distribute
to the Board. The Administrator was asked to notify the Location
Hunter of the Town's appreciation that they notified us and
indicate that the Town does not have specific rules and regulations
relative to their kind of proposal.
7. March of Dimes Request for Approval of Walk-a-Thon
On motion by Councilwoman Silverstone, seconded by Councilman
Amlicke, it was unanimously
RESOLVED, that this Board hereby approves
the request of the Westchester-Rockland-
Putnam Chapter of the March of Dimes to
conduct their annual Walk-a-Thon through
the Town of Mamaroneck, in accordance with
the specified route on Sunday, April 24, 1983.
8. Salary Authorization - Recreation
On motion by Councilman Amlicke, seconded by Councilman Bloom, it
was unanimously
RESOLVED, that this Board hereby authorizes
that Steven Iarocci, Recreation Assistant,
who will be replacing Dineen Delgardo at
the Hommocks Ice Rink, be compensated at
the rate of $2.75 per hour, effective
January 23, 1983.
THE TOWN CLERK
Regular Reports
The Clerk presented the Report of the Building and Plumbing Inspector
and the Report of the Town Clerk., both for the month of February 1983.
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NOT ON AGENDA - Queries by Leonard Martin
The Town Administrator answered Mr. Martin's questions regarding
the partial collapse of the Hommocks Ice Rink Bubble caused by
the heavy snowfall and enumerated the cost, which the Town should
be reimbursed through insurance.
Councilman Bloom advised Mr. Martin that a work session has not
as yet been held to formulate an=. answer to the Budget Committee's
letter.
In answer to his question of when a meeting of the Police Commission
will beheld, Mr. Martin was advised by Councilman Bloom when matters
come up that legally require action and Supervisor Goldsmith noted
they would be held as part of regular Town Board meetings.
THE SUPERVISOR
1. Association of Town Certification of Appreciation to Past
President - John L. Delius (former Town Attorney)
Supervisor Goldsmith acknowledged receipt of the Certificate of
Appreciation awarded posthumously to Mr. Delius, on the occasion
of the Fiftieth Anniversary of the Association of Towns. He went
on to say that Mr. Delius, a former town attorney, was a dear
friend and distinguished member of this community and Councilman
Bloom added that he was the dean of town attorneys and indeed a
courteous and patient man. Supervisor Goldsmith further stated
that if after checking with George Forbes, and it is found that no
living relatives are available, this Board might wish to consider
framing the Certificate and hanging it in an appropriate place
within the Town Center. Councilwoman Silverstone noted that there
were a number of other historical documents that might be considered
for exhibition in the halls of the Town Center.
THE COUNCILMEN AND COUNCILWOMAN
Councilwoman Silverstone
1. Winter Recreation Program
Councilwoman Silverstone asked the Administrator questions
about the Winter Recreation Program and requested information
about whether or not the program has been cancelled.
2. Request - Chairman of Planning Board for Separate Counsel
Councilwoman Silverstone asked about the status of Mr. Kalos'
request for separate Counsel for his Board and some discussion
followed. Supervisor Goldsmith stated he had heard nothing
further. Councilwoman Silverstone noted there is a need to
define the conflict referred to by Mr. Kalos.
During the discussion, Councilman Bloom noted that a contractual
situation can be set up, if necessary and it is decided to go
outside of the Town to hire someone. Councilwoman Silverstone
referred to an Association of Towns session for town attorneys
she attended where conflicts were discussed and she stated that
Mr. Kalos should outline for this Board exactly what the
problem is and how much of an attorney's time is required,
especially since nothing has been budgeted for this type of
expenditure.
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Supervisor Goldsmith stated that he felt the Town Board
should not abdicate its responsibility when someone is
serving the Town in a volunteer capacity and asks for help.
Administrator Stephen Altieri suggested to the Board that
Planning Board Chairman Paul Kalos be permitted to seek
Counsel and come back to the Board for authorization to
hire and a motion was offered to that effect, but failed
due to the lack of a second. Town Attorney James Johnston
expressed concern about what might happen between now and
the next town board meeting and whether a separate counsel
would handle the Planning Board litigation or if the separate
counsel would handle other town affairs and he continue to
handle the suit against the Planning Board. He then explained
to the Board the current status of the court case and gave
his thoughts on.various ways the matter could be handled
depending on the action of Judge Dickinson.
At this point, on motion by Councilman Amlicke, seconded by
Councilman Bloom, it was unanimously
RESOLVED, that this Board hereby authorizes
the Town Planning Board Chairman Paul Kalos
I to retain counsel to represent the Planning
Board and to obtain said counsel between
now and the next meeting of this Board on
March 16, 1983.
Following some further discussion relative to the need for an
executive session on this matter, on motion by Councilwoman
Silverstone, seconded by Councilman Amlicke, it was
unanimously
RESOLVED, that an executive session be held
by this Board with Town Attorney, James
J. Johnston and Planning Board Chairman
Paul Kalos at 7:30 P.M. in the Council
Room of the Weaver Street Firehouse on
Wednesday, March 16, 1983 to discuss the
Planning Board litigation and the scope
and course of the newly retained counsel.
Councilman Bloom
1. New Fire Code
Councilman Bloom asked the Town Attorney about the status of
recommendations relative to the drafts of the State fire code
regulations and he answered that local inspectors are waiting
for the County to issue theirs. Mr. Altieri advised the
Board that they could decide to adopt the State Code which
is more stringent. Councilman Bloom expressed some concern
that the deadline of January 1, 1984 may not be met, and
stated he would continue to work on the Town's revisions so
they can be put into final form for adoption. Mr. Johnston
stated he would check with other communities as to their
actions in this matter and report back to the Board.
Councilman Amlicke
Mr. Amlicke stated that he would defer to the next meeting some
requests from the C.A.C.
1. Request for Update re Hommocks Field
Councilman Amlicke asked if Aetna Insurance Company has been
contacted again and just where the Town stands on getting the
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matter of the Hommocks Field condition resolved so the
grass seed can be planted as soon as possible. Town
Attorney James Johnston advised that he has been told by
Aetna that they have full confidence in their insured
who has said they will address themselves to the situation
when the weather cooperates. As the discussion progressed,
questions were posed by Councilman Amlicke about a suit
against Aetna and what rights the Town has and Councilwoman
Silverstone referred to a recommendation made some time
ago that the Town require a cash bond on this project.
The Town Attorney and the Supervisor further advised that
Aetna cannot be sued right now because they must be given
reasonable time to comply and that they will not default
unless the work is not done expeditiously.
Councilman Amlicke asked if a meeting can be arranged so
the Town can establish what work has to be done in order
for the landscaper to comply. The Attorney and Administrator
noted that a breakdown of what needs to be done, completed
by Mr. Leddy, has been forwarded to Aetna and went on to
outline what procedures should now be followed by the Town,
one being to set up a framework to be followed by the
landscaper.
2. Status of Resolutions re Dedication of Conservation Areas
The Town Attorney advised Councilman Amlicke that the
resolutions have been prepared and are waiting for the legal
descriptions that must go with them of the lands to be
dedicated. The Town Engineer noted that he is working on
,those descriptions with the Town Clerk and the Assessor's
office. It was decided that perhaps the work could be
completed in a month, and Councilman Amlicke deferred the
matter to a subsequent meeting.
ADJOURNMENT
There being no further business to come before the Board, on
motion duly made and seconded, the meeting was unanimously
declared adjourned at 11:09 P.M.
Town Clerk
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