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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 - -1- 264 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; -2- 265 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 1 1 -3- 'I. 266 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. -4- 267 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: -5- 263 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. -6- 269 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. -7- 270 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. -8- 271 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 -9- 272 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 -10-