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HomeMy WebLinkAbout1983_03_16 Town Board Regular Minutes 273 MINUTES OF THE REGULAR MEETINGS OF THE BOARD OF FIRE COMMISSIONERS AND THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 16TH DAY OF MARCH 1983 IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, 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 Stewart J. McMillan Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Commissioner Lee H. Bloom was not in attendance at this meeting because he was out of the country. Also present were the following: Dorothy S. Miller, Town Clerk James J. Johnston, Town Attorney Stephen V. Altieri, Town Administrator Carmine A. DeLuca, Comptroller Patrick Thomas Leddy, Highway Superintendent 1. Claims Commissioner McMillan presented fire claims for authorization of payment and on his motion, seconded by Commissioner Amlicke, 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. $ 191.50 Brewer's Hardware 4.48 Excelsior Garage & Machine 98.00 Works, Inc. Lawrence Heat & Power Corp. 603.10 Lawrence Heat & Power Corp. 591.20 Lawrence Heat & Power Corp. 201.23 New York Telephone Co. 51.89 New York Telephone Co. 817.97 Office Essentials, Inc. 18.55 i Portronix Communications, Inc. 5.00 Portronix Communications, Inc. 228.00 Village Paint Supply, Inc. 51.10 Town of Mamaroneck General Fund 48.70 Professional Fire Fighters Assoc. 110.04 $3,020.76 -1- 274 2. Other Business - None ADJOURNMENT There being no further business to come before the Commission, on motion duly made and seconded, this meeting was delcared adjourned at 8:17 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 Stewart J. McMillan Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lee H. Bloom was not in attendance at this meeting because he was out of the country. APPROVAL OF MINUTES The minutes of the Regular Meetings of February 16, 1983 were presented and on motion by Councilwoman Silverstone, seconded by Councilman illAmlicke, unanimously approved as corrected, with the deletion of the sentence about mandamus on page 6. OLD BUSINESS 1. Assessor's Request - Certiorari Settlement-N.B.W. Property Corp. Councilmaan Amlicke advised that his questions raised at the last meeting have been answered, and thereupon, on his motion which was seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes the settlement of certiorari proceeding, in accordance with the terms submitted to this Board by the Assessor, - N.B.W. Property Corp. vs. Town of Mamaroneck for the tax years 1978/79 through 1982/83. 2. Recommendation of D.O.T. re Curb Cut-Hory Chevrolet On motion by Councilman McMillan, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby concurs with the recommendation of the New York State Department of Transportation that the requested curb cut not be permitted on Weaver Street and that this expression of concurrence be forwarded to D.O.T. -2- 275 3. Councilman Amlicke re Larchmont Reservoir Property Councilman Amlicke presented a letter from the Department of Environmental Conservation regarding their inspection of the dam at the Larchmont Reservoir which had been requested to ascertain if the dam was structurally sound because the Town was considering purchasing the reservoir. Councilman Amlicke was pleased to report that although there are the usual small leakages to be found in a dam of this stone construction, the dam is structurally sound and should not give problems and he recommended that the Town communicate with the Larchmont Village Board and renew the offer to purchase the reservoir property. He explained that the pending informal offer was for $175,000. ($75,000 - gift from Friends of the Reservoir to the Town and $100,000 balance to be paid by the Town.) He further explained the conditions of purchase: Village of Larchmont entitled to use reservoir as water source in event of emergency; land to be maintained as open space and, if developed, would revert back to Larchmont jl with Town's money being returned. Some discussion followed relative to land being dedicated as parkland and thereupon, on motion by Councilwoman Silverstone, seconded by Councilman McMillan, it was unanimously RESOLVED, that the Supervisor be, and he hereby is, authorized to send a letter to the Larchmont Village Mayor renewing the Town's offer to purchase the reservoir property. 4. Councilman Amlicke - Joint Advisory Committee Councilman Amlicke spoke about the above Committee and stated that the group should have the expertise of the Chairmen of each Planning, Zoning and Traffic Board or Commission, but advised that the Conservation Advisory Commission also wishes to have input. Councilwoman Silverstone noted it is important for this Committee to move forward and meet as soon as possible and disagreed with the Supervisor about a conflict of interest if Chairpersons of the Zoning Board and of the Planning Commission were appointed. Councilman McMillan agreed with Supervisor Goldsmith and stated he too has some reservations about the Committee's present composition. Supervisor Goldsmith gave specific examples of how the conflict could come about. Councilwoman Silverstone further noted the Committee is set up in an advisory capacity only, with no specific powers and she strongly urged that this matter be discussed with the Village officials as soon as possible. It was also noted that perhaps former planning or zoning board members or traffic commission members could serve on the committee and if the Village did not agree, different appointments could be made by the Town. Paul Kalos, Town Planning Board Chairman advised that he has been reluctant to attend a meeting of this joint advisory committee because of possible.conflict. -3- 276 Following some further discussion during which it was noted that the committee has not as yet been given a specific charge, on motion by Councilman McMillan, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Councilman Thomas R. Amlicke and Councilwoman Caroline Silverstone are appointed by this Board to discuss with the Larchmont Village officials the constitution or reconstitution of the Joint Advisory Committee to Study Future Development of Properties in the Town and Village of Larchmont. 5. Liaison - Larchmont Library Board Councilwoman Silverstone brought up the above captioned matter and following a brief discussion, on motion by Councilman McMillan, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby agrees not to make any changes relative to its voting representation on the Larchmont Library Board of Trustees, at least until the expiration of present terms; and be it further RESOLVED, that Councilwoman Silverstone is hereby appointed liaison to the Larchmont Library Board of Trustees. NEW BUSINESS 1. Authorization - Hire Consultant-Insurance Supervisor Goldsmith explained that the Town's policies are expiring and that the hiring of a consultant would be a way of getting the best for our money. Councilwoman Silverstone noted this had been recommended by the Budget Committee and commended the Administrator, Stephen Altieri, on the material submitted to the Board. Arthur Gasparini stated that the hiring of a consultant in this matter is logical and he also commended Mr. Altieri, specifically noting that he is doing an outstanding job and displays knowledge that is advantageous to the Town. Mr. Altieri answered questions posed by Robert Dallos and noted the cost would be about $2,100.00, but could be less depending on time spent. Thereupon, on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously .RESOLVED, that authorization is hereby given to retain the Services of Risk Planning Group of Darien, Connecticut for the purpose of assisting the Town in its procurement of insurance. -4- 277 2. Authorization - Comptroller to Begin Bond Sale Procedures Following the Comptroller's explanation, on motion by Councilman McMillan, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Comptroller is hereby authorized to begin preparations for the sale of bonds. Councilman Amlicke asked the Comptroller to look into the possibility of the Town paying off their indebtedness early with the proceeds from the sale of certain town owned lands. 3. Authorization - Collect 1983 State, County, Town and Special District Taxes. On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the Deputy Receiver of Taxes of the Town of Mamaroneck to collect the 1983 State, County, Town and Special District taxes and the water rents which become a lien on January 1, 1983; and be it further RESOLVED, that in accordance with the provisions of Section 500 of the Westchester County Administrative Code, The Daily Times, the official newspaper published in the Village and the Town of Mamaroneck, is hereby designated as the newspaper in which the Deputy Receiver of Taxes and Assessments shall publish the "Notice of the Collection of State, County, Town and special District Taxes and water rents;" and be it further RESOLVED, that in accordance with the provisions of Section 550 of the Westchester County Administrative Code, the Town Board does hereby direct the Deputy Receiver of Taxes and Assessments to mail to each taxpayer of the Town of Mamaroneck, whose address is known to said Deputy Receiver of Taxes and Assessments, a tax bill for all taxes and water rents, the expense thereof to be a Town charge. 4. Request of LRB Larch Company -Brause Realty, Inc. Following some discussion and clarification about this mater by the Administrator, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that permission is hereby given to LRB Larch Company for the installation of an oil storage tank within the Town's right of way in front of 172 Myrtle Boulevard, in accordance with specifications and conditions as dictated by the Town. Said conditions shall include indemnification of the Town. -5- it 278 5. Comptroller's Request - Designate Bank of New York as Depository of Federal Revenue Sharing Funds in a Money Market Account. On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, who asked Comptroller to be sure it is a fully insured account, it was unanimously RESOLVED, that the Bank of New York, County Trust Region, Mamaroneck Avenue, III Mamaroneck, New York be, and it hereby is designated as a depository of Federal Revenue Sharing Funds in a Money Market Account, effective March 17, 1983; and be it further RESOLVED, that the authority to withdraw funds from and to draw checks, drafts and other orders upon this account shall be authorized when. signed by signature or facsimile signature of Leo Goldsmith, Jr. , Supervisor and Carmine A. DeLuca, Comptroller; or of Leo Goldsmith, Jr. , Supervisor and Genevieve F. Soriano, Deputy Comptroller. 6. Authorization - Tax Lien Sale On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was. unanimously RESOLVED, that this Board hereby authorizes a Tax Lien Sale be held on Friday, May 20, 1983 at 10:00 A.M. for the 1982 Town and County Taxes and the 1982-83 School Taxes. 7. Authorization - Renewal of Capital Note The following resolution was offered by Councilwoman Silverstone, who moved it adoption, seconded by Councilman Amlicke, to-wit: CAPITAL RENEWAL NOTE RESOLUTION DATED MARCH 16, 1983. A RESOLUTION AUTHORIZING THE ISSUANCE OF A $24,500 CAPITAL RENEWAL NOTE OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, FOR THE PURPOSE OF RENEWING CAPITAL NOTES HERETOFORE ISSUED TO PAY PART OF THE COST OF THE PURCHASE FROM THE MAMARONECK UNION FREE SCHOOL DISTRICT OF THE LAND AND BUILDING THEREON LOCATED AT 740 WEST BOSTON POST ROAD FOR USE AS A TOWN HALL AND OFFICE BUILDING. WHEREAS, pursuant to a bond resolution dated January 6, 1982, authorizing the issuance of $49,000 capital notes to pay part of the cost of the purchase from the Mamaroneck Union Free School District of the land located at 740 III West Boston Post Road in said Town and the building thereon for use as a Town Hall and Office Building of said Town has issued a $49,000 Capital Note dated March 12, 1982 and maturing March 11, 1983; and WHEREAS, it is now desired to authorize the issuance of a $24,500 capital renewal note of said Town for the purpose of partially renewing such outstanding note; NOW, THEREFORE, BE IT -6- 279 RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the purpose of renewing the aforesaid $49,000 capital note, there is hereby authorized to be issued a $24,500 capital renewal note of the Town of Mamaroneck, Westchester County, New York, pursuant to the Local Finance Law. Section 2. Such capital notes shall be sold at private sale and all further powers in connection with the details and sale thereof are hereby delegated to the Supervisor in accordance with the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the specific object or purpose to be financed, in part, by the issuance of the aforesaid capital notes, is fifteen years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such notes as the same respectively become due and payable. Section 5. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to vote on roll call, which resulted as follows: Leo Goldsmith, Jr. VOTING Aye Stewart J. McMillan VOTING Aye Thomas R. Amlicke VOTING Aye Caroline Silverstone VOTING Aye The resolution was thereupon declared duly adopted. 8. Special Permit Application - Andre's Gourmet World-Village Shopping Center Following the explanation of their needs by a representative of the above captioned, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Special Permit Application submitted for Andre's Gourmet World in the Village Shopping Center is hereby referred to the Planning Board for its study and recommend- ations and report back to the Town Board. -7- 280 9. Special Permit Application - Dunkin Donuts-Boston Post Road The Board was advised that there will be no decrease in parking spaces and on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Special Permit Application submitted for Dunkin Donuts on Boston Post Road is hereby referred to the Planning Board for its study and recommendations and report back to the Town Board. THE SUPERVISOR 1. Request - Availability for Sale-Country Road Property Now Owned by Town Discussion ensued the presentation of a real estate agent's request to purchase Town property and in addition to this matter being deferred to the May 4th meeting, the Board members were advised to visit the site and Mr. Altieri was asked to discuss the matter with appropriate Department Heads. 2. Question re Renewal of Lease - Shumiatcher School of Music Some discussion followed the Supervisor's presentation of Mrs. Shumiatcher's letter when he asked if a six-month extension would be in order. Councilwoman Silverstone noted that the School of Music requires a lease from September to June, and the Town Administrator advised that it would be more appropriate to end lease on August 31, 1983. Councilwoman Silverstone and Councilman McMillan both felt it would be more appropriate to end the lease in July and thereupon, on motion of Councilwoman Silverstone, which was seconded by Councilman McMillan, it was by majority vote that the following resolution was adopted, since Supervisor Goldsmith voted nay: RESOLVED, that the Supervisor is hereby authorized to notify Bella Shumiatcher, Director of the Shumiatcher School of Music, who rents space in the Town's building at 740 West Boston Post Road, Mamaroneck Village, that her right to occupy the space now used by the Music School will expire July 31, 1983. 3. Request Authorization for Executive Session April 6, 1983 re Police Personnel Supervisor Goldsmith spoke of the need for an executive session relative to police personnel matters and following a brief discussion during which Mr. Gasparini questioned the propriety of these matters being discussed in executive session, and after a review of calendars, on motion by Councilman McMillan, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board will hold an executive session in the Council Room of the Weaver Street Firehouse at 7:30 P.M. Wednesday, May 4, 1983 to discuss Police personnel matters. -8- 281 NOT ON AGENDA 4. Request - Joel Sacks-Executive Session with Town Board At this time Supervisor Goldsmith presented the letter received from Joel Sacks, Attorney for Garfield Housing Corporation, who then addressed the Board and modified his request and asked to be heard during this public meeting and not in executive session. Mr. Sacks then chronologically reviewed the entire matter up through February 16th relative to Garfield Housing Corporation's proposal to construct an apartment comples. He advised that when this Board refused to sign the linen (Subdivision Map of Garfield Housing dated 7/30/81) , his client was placed in an adversary position with the Town Board and their proposed project is now in complete limbo and cannot go forward. Mr. Sacks further spoke of his client's options and referred to possible litigation against the Town and asked that the Board rescind the resolution adopted February 16th and authorize the Supervisor to sign the linen. Robert Cammer, attorney for Town residents who are in litigation against the Town Planning Board, addressed the Board and disputed certain statements made by Mr. Sacks and advised the Board to consider the implications of signing the linen and reaffirmed his stand that Board should not sign the linen. Councilman McMillan stated that although he was not at the meeting of February 16th, he is of the opinion that the Town is contractually bound to perform the ministerial act of signing the linen as had been advised by the Town Attorney. Supervisor Goldsmith explained in specific detail what led up to the decision not to sign the linen, and ,further noted that the Town Attorney has cleared up certain points raised at the February 16th meeting. The Supervisor then threw open the matter to the Board. Councilman McMillan suggested that the matter be tabled until the two attorneys, Mr. Sacks and Mr. Cammer have had an opportunity to meet with the Board in executive session. A great deal of discussion then ensued during which Horace Cardoza, Arthur Gasparini, Robert Dallos, Marshall Kaplan and others spoke about whether Councilman . McMillan's suggestion should be acted upon, and if so, who should meet.. Councilwoman Silverstone brought up questions about the content of the linen, easements and title searches and asked for clarifications and justifications in writing from the Town Attorney. Supervisor Goldsmith emphasized several times ' during the discussion that he is receptive to meeting as a mediator with Mr. Sacks and Mr. Cammer. Thereupon, on motion by Councilman McMillan, seconded by Council- woman Silverstone, it was unanimously RESOLVED, that the matter of the signing of the linen drawing relative to Garfield Housing Corporation's proposal to be placed on the agenda of the Town Board's regular meeting of April 6, 1983. -9- II 282 5. 1982 Annual Report of Police Department Supervisor Goldsmith presented above captioned report he had received this date. This precipitated a discussion about the proposed plans to have such reports formally presented during Town Board meetings and Mr. Altieri was asked to follow through on this matter. 6. Mr. Gasparini re Administration Arthur Gasparini addressed the Board relative to his belief about the exemplary job being done by the Town Administrator, Stephen Altieri, as evidenced specifically by his presentation earlier in this meeting relative to the insurance matter and his report in answer to the Budget Committee. Mr. Gasparini suggested that Mr. Altieri be authorized to compile a six-month report on his duties and activities and present it to the two Villages in light of their opposition to his position. Following some discussion on the merit of Mr. Gasparini's recommendation, it was decided that the matter would be discussed further. REPORTS OF THE COUNCILMEN AND COUNCILWOMAN Councilwoman Silverstone 1. Repointing of Bricks and Architects re Town Center Councilwoman Silverstone asked the status of the repointing of bricks at Town Center. Mr. Altieri advised that the notice of invitation to bid on that matter is being prepared and will be published and posted next week. At this time Councilwoman Silverstone reported that a list of architects has been compiled and that matter will move forward. Councilman McMillan 1. Letter, Robert C. Davidge re Hommocks Pool Showers Councilman McMillan presented a copy sent to him of Mr. Davidge's letter and the answer from Paul McDevitt, the School District's Assistant Superintendent for Administrative Services and advised that he too will follow up on the matter after the repair work is completed and would advise Mr. Davidge of that fact. Councilman Amlicke 1. Hommocks Field Councilman Amlicke asked the status of the Hommocks Field situation and Mr. Altieri explained that Town representatives are to meet the following day with representatives from Aqua Dredge and Aetna Insurance to discuss what steps are to be taken to repair the field. III -10- 283 2. Announcement re Closing of Pool Councilman Amlicke announced that the Hommocks Pool would close for repairs either on Friday, March 25th or Monday, March 28th. He also stated that the bids have been received and the lowest bids fall within budget, and that the pool committee will meet again on Monday, March 21st. 3. Beautification Day and 1c Bottle Bounty Councilman Amlicke stated that the Conservation Advisory Commission requests approval of the expenditure of a lc per bottle bounty on Beautification Day, Saturday, April 9th. On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby declares Saturday, April 9th as Beautification Day and urges all residents to participate in the cleanup; and be it further RESOLVED, that this Board hereby authorizes and submits its authorization to the Joint Garbage Commission that Unincorporated Area and Village of Larchmont residents be paid lc for each glass bottle turned in to the recycling center at the Town Yard on Beautification Day, Saturday, April 9, 1983, limited to the number that can be counted in one day, said expense to be borne by the Joint Garbage Commission. 4. C.A.C. Annual Report After announcing that the 1982 Annual Conservation Advisory . Commission Report has been prepared, Councilman Amlicke asked the Administrator to notify the Chairman, Dr. Alan Mason, that it will be appreciated if the report is presented during the Town Board meeting of May 4th. 5. Litter Task Force re Litter Law Councilman Amlicke advised that the above captioned group has finalized its tri-municipal litter law, which has been reviewed by local attorneys. He stated that the Litter Task Force is now ready to come before this Board and explain the law. The Supervisor suggested that it would be helpful if the Board members could review the law before such a presentation is made and the Administrator was asked to obtain copies of the proposed law from the Chairman, Joseph DeSalvo, and distribute to the Board. 6. Meeting re Soccer Fields Councilman Amlicke noted that a meeting was held with Joseph Gryzlo about the three soccer fields and that it was decided that since materials were left over from last year, Town personnel would be used to seed, aerate and fertilize those fields. -11- 284 7. Condition of Town Owned and Guadagnolo Owned Properties Councilman Amlicke described the unsightly condition of the above mentioned properties and asked Administrator Stephen Altieri to follow up and see that the properties are cleaned up. ADJOURNMENT There being no further business to come before this Board, on motion duly made and seconded, the meeting was declared adjourned at 11:06 P.M. 1 1 Town Clerk 1 1 1 1 1 -12=