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HomeMy WebLinkAbout1983_05_04 Town Board Regular Minutes MINUTES OF THE REGULAR MEETINGS OF THE BOARD OF FIRE COMMISSIONERS AND THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE. 4TH DAY OF MAY 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 representing all members of the Commission: Commissioner Leo Goldsmith, Jr. Commissioner Lee H. Bloom Commissioner Stewart J. McMillan Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Also present were the following: Dorothy S. Miller, Town Clerk James J. Johnston, Town Attorney III Stephen V. Altieri, Town Administrator Charles S. Baumblatt, Chief of Police Carmine A. DeLuca, Comptroller Charles R. Elfreich, Town Engineer P. Thomas Leddy, Highway Superintendent Also attending were the following members of the Conservation Advisory Commission: Chairman Alan Mason, Mary Anne Johnson, Susan Amlicke and Elinor Fredston. 1. Claims Commissioner Bloom presented fire claims for authorization of payment and on his motion which was 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: -1- 309 AAA Emergency Supply Co. , Inc. $ 20.25 R.G. Brewer, Inc. 24.35 Con Edison 3.05 Con Edison 2.03 Con Edison 37.61 Excelsior Garage and Machine Works, Inc. 405.84 L. Douglas Fletcher 13.66 Arco Service Center, Inc. 30.00 Mid-Valley Petroleum 396.55 New York Telephone Co. 52.54 New York Telephone Co. 9.00 Portronix Communications, Inc. 916.50 Savin Corp. 235.00 Westchester Joint Water Works 7,925.00 $10,071.38 ADJOURNMENT Since there was no further business to come before this Commission, on motion duly made and seconded, this meeting was declared adjourned at 8:19 P.M. CONVENE REGULAR MEETING The regular meeting of the Town Board was convened upon the adjournment of the meeting of the Board of Fire Commissioners. Present were the following representing all members of the Board: Supervisor Leo Goldsmith, Jr. Councilman Lee H. Bloom Councilman Stewart J. McMillan Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone APPROVAL OF MINUTES The minutes of the Regular Meeting of March 2, 1983 were presented and on motion by Councilwoman Silverstone, seconded by Councilman Bloom, were unanimously approved as presented by all members except Councilman McMillan who was not eligible to vote since he had not been in attendance at that meeting. The minutes of the Regular Meeting of April 6, 1983 were presented and on motion by Councilwoman Silverstone, seconded by Councilman Bloom, were unanimously approved by all, as amended, except Council- ' men McMillan and Amlicke who could not vote since neither was in attendance at that meeting. The minutes of the Regular Meeting of April 20, 1983 were presented and on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, unanimously approved as corrected by all except Supervisor Goldsmith who could not vote since he was not in attendance at that meeting. -2- i 310 I PRESENTATION OF C.A.C. 1982 ANNUAL REPORT Conservation Advisory Commission Chairman Alan Mason was introduced I and after a brief talk about the Commission, he introduced members who spoke of the matter(s) they are responsible for. Elinor Fredston spoke about Wetlands and Watercourses, specifically about the Coastal Zone Management Program and stated that both the III Village of Larchmont and the Town have received a $5,000 grant to be used for a study. She stated further that the study will include joint land use planning and include also matters relating to erosion and dredging. Following her _presentation, Councilman Amlicke asked about names of persons to serve on the Coastal Zone Management Committee. Susan Amlicke spoke about Solid Waste Management and Recycling and noted the severe blow to the recycling program in 1982 when Clevepak closed down their operation and the program had to be changed to include newspaper only and the residents' recycling habits changed. She further noted that mixed metal and glass is also recycled at j the Town Yard, that efforts to have a Town aluminum recycling program has not materialized and that the program at Murray has been discontinued. Mrs. Amlicke also stated that leaf composting may become a problem depending on actions taken by the Mamaroneck Village Board relative to the current site on Taylors Lane. Mrs. Amlicke also noted that the overall net savings gained because of all recycling is $103,000 and advised that a lot more can be saved if the community continues to recycle. Mary Anne Johnson spoke about Environmental Education, more specifically the activities of the L.I.F.E. Center, a non-profit community organization which works with the C.A.C. and helps IIIeducate the community about its natural surroundings. She noted that in 1982, 4,850 adults and children took part in the various programs offered by the L.I.F.E. Center. The C.A.C. Chairman noted that it was unfortunate that Bob Hohberg was unable to be in attendance this evening since he is the expert on the rivers, streams and the reservoirs. Dr. Mason also stated that Jacques Dubouchet was not able to be here tonight and spoke briefly of his work relative to water control and noted that he is a hydrologist. Dr. Mason noted that his own expertise was relative to the SEQRA law and stated that he views it as a useful tool to make sure that a project is appropriate and should not be looked at as a barrier against a project. At this time, Dr. Mason thanked Tom Leddy, Cliff Emanuelson, Charles Elfreich and Elizabeth Imperata, Secretary to the Commission, and urged everyone to read the Annual Report. Councilman Amlicke noted that this Board must officially accept the Conservation Advisory Commission's report so that it can be forwarded to Albany and after each Board member had expressed his or her gratitude for a very comprehensive report and presentation by the IIICommission, on motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby accepts the Annual Report of the Conservation Advisory Commission of the Town of Mamaroneck for the year 1982 with a vote of thanks and appreciation to the Chairman and all members of the Commission and those persons involved with the L.I.F.E. Center. -3- 311 OLD BUSINESS 1. Approval of Amended Lease Agreement with Mamaroneck School District re Cable TV Access Center After a brief discussion, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby defers the matter of the approval of the amended lease agreement with the Mamaroneck School District relative to the Cable TV Access Center to the next meeting of the Board, May 18th, to allow for further study of the agreement. The Town Attorney was asked to look into how this is being handled by both the Villages of Larchmont and Mamaroneck. Councilman Bloom noted that he is working with Councilman McMillan and getting updated on the entire cable television situation in order to be prepared for his newly appointed role as a member of the Cable TV Board of Control. 2. Report of Bids - Masonry Work for Town Center The Town Administrator explained about his discussion with the Town Attorney and the Town Engineer relative to the lowest bid which was considered an inappropriate bid. He further noted the pros and cons of having the work done at this time or waiting to have it done as a part of the program for the rehabilitation of the entire building. Following some further discussion on the matter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby awards Contract #83-2 to the lowest responsible bidder meeting the specifications - Amistar Contracting Corporation, 480 73rd Street, Brooklyn, New York - for masonry work to the Town Center; i and be it further RESOLVED, that the Supervisor is authorized to enter into a contract with Amistar Contracting Company of 480 73rd Street, ! Brooklyn, New York. 3. Approval of Agreement - Snow Removal-County Roads Supervisor Goldsmith explained that this item is on the agenda at this time because there was some question about the amount of reimbursement due the Town and not it has been clarified, and the necessary inspection made. Thereupon, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously -4- 312 RESOLVED, that the Supervisor be, and he hereby is, authorized to sign the Agreement with the County of Westchester for the removal of snow and ice on certain designated County Roads within the Unincorporated Area of the Town of Mamaroneck at a reimbursement rate up to a maximum of $1,530 for the 1982-1983 winter season; and be it further RESOLVED, that this Board extends its thanks to the Administrator Stephen V. Altieri and Highway Superintendent P. Thomas Leddy for their efforts in this matter. 4. Resolution Providing for Consolidation and Sale of Serial Bonds The following resolution was offered by Councilman McMillan, and seconded by Councilman Bloom, to-wit: RESOLUTION DATED MAY 4, 1983 A RESOLUTION PROVIDING FOR THE CONSOLIDATION,. DETAILS AND SALE OF $1,108,000 VARIOUS PURPOSES (SERIAL) BONDS, 1983, OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK,, FOR VARIOUS TOWN PURPOSES. BE IT RESOLVED, by the Town Board of the Town of Mamaroneck Westchester County, as follows: Section 1. The $722,400 serial bonds authorized by bond resolution dated January 6, 1982 for the purchase by the Town of Mamaroneck, Westchester County, New York, from the Mamaroneck Union Free School District, of the land located at 740 West Boston Post Road for use as the site of a Town Hall and Office Building, shall mature $23,400 on March 1, 1984, $24,000 on March 1, 1985, $32,000 on March 1 in each of the years 1986 to 1989, both inclusive, $31,000 on March 1 in each of the years 1990 to 1998, both inclusive, $32,000 on March 1 in each of the years 1999 to 2002, both inclusive and $35,000 on March 1 in each of the years 2003 to 2006, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years pursuant to subdivision 21(a) of paragraph a of Section 11.00 of the Local Finance Law, computed from March 12, 1982, the date of the first bond anticipation note issued therefor. Section 2. The $203,600 serial bonds authorized by bond resolution dated January 6, 1982, for the purchase by the Town of Mamaroneck, Westchester County, New York, from the Mamaroneck Union Free School District, of the building located on land -5- 313 located at 740 West Boston Post Road for use as a Town Hall and Office Building, shall mature $7,600 on March 1, 1984, $9,000 on March 1, 1985, $11,000 on March 1 in each of the years 1986 to 2002, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years pursuant to subdivision 11(b) of paragraph a of Section 11.00 of the Local Finance Law, computed from March 12, 1982, the date of the first bond anticipation note issued therefor. Section 3. The $182,000 serial bonds authorized by bond resolution dated November 3, 1982, for the increase and improvement of the facilities of Sewer District No. 1 of the Town of Mamaroneck, Westchester County, New York, shall mature $7,000 on March 1 in each of the years 1984 to 1989, both inclusive, $8,000 on March 1 in each of the years 1990 to 1998, both inclusive, $7,000 on March 1 in each of the years 1999 to 2002, and $10,000 on March 1 in each of the years 2003 to 2006, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, computed from February 7, 1983, the date of the first bond anticipation note issued therefor. • Section 4. The serial bonds described in the preceding sections hereof are hereby authorized to be consolidated for purposes of- sale into one bond issue aggregating $1,108,000. Such bonds shall each be designated subatantially VARIOUS PURPOSES (SERIAL) BOND, 1983, shall be dated May 1, 1983, shall be numbered from 1 to 222, both inclusive, shall be of the denomination of $5,000 each, except bond numbered 1 of the denomination of $3,000, shall mature in numerical order in the amount of $38,000 on March 1, 1984, $40,000 on March 1, 1984, $50,000 on March 1 in each of the years 1986 to 2002, both inclusive, and $45,000 on March 1 in each of the years 2003 to 2006, both inclusive, with interest thereon payable March 1, 1984 and semi-annually thereafter on September 1 and March 1. Such bonds shall bear interest at such rate as may be necessary. to sell the same, which rate shall be determined in the manner provided in Section 59.00 of the Local Finance Law. Such bonds shall be in bearer coupon form with the privilege of conversion into bonds registered as to both principal and interest, and shall be payable as to both principal and interest in lawful money of the United States of America at THE BANK OF NEW YORK, COUNTY TRUST REGION in MAMARONECK, New York, cr, at the option of the holder, at The Bank of New York, in New York, New York, which by contract are the paying agents of the issuer. the aforesaid maturities constitute the aggregate of -6- 511 the individual maturities of each separate issue, which individual maturities are prescribed in the preceeding sections hereof. Such bonds shall be signed in the name of said Town of Mamaroneck, Westchester County, New York, by its Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and attested by its Town Clerk, and the interest coupons shall bear the facsimile signature of said Supervisor. Section 5. All other matters, except as provided herein relating to such bonds shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine. Section 6. The faith and credit of said Town of Mamaroneck, Westchester Coutny, New York, are hereby irrevocably pledged for the payment of the principal of an interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. This resolution shall take effect immediately_. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Leo Goldsmith, Jr. VOTING Aye Lee H. Bloom VOTING Aye Stewart J. McMillan VOTING Aye Thomas R. Amlicke VOTING Aye Caroline Silverstone VOTING Aye The resolution was thereupon declared duly adopted. -7- 315 NEW BUSINESS 1. Police Department - Promotions/Organization Supervisor Goldsmith stated that the discussion about police personnel matters held during the Executive Session prior to this Board meeting was not completed, but this matter as stated on the agenda will be taken up now and noted that the Chief is in attendance to answer any questions. Dr. Lawrence Lerman of 41 Lansdowne Drive addressed the Board noting among other things that one youth officer is not sufficient. He added that the current youth officer may be approaching retirement and it is possible that preparations are not being made for his replacement. He reviewed the previous setup of the Youth Bureau. Dr. Lerman urged the Board to consider having two officers committed totally to children and suggested that one be a senior ranking officer. He also added that one-third of the annual police report was devoted to the youth bureau. Supervisor Goldsmith thanked Dr. Lerman for his very able and persuasive presentation and Councilman Amlicke j recommended that Dr. Lerman and members of his group get together and meet with the Chief and Detective LeViness about the matter, which recommendation was greeted with negative expressions from the audience. Councilman McMillan stated that he agreed with Dr. Lerman about the need for two youth officers. Councilwoman Silverstone stated that although she too agreed that two youth officers would be useful, she would like to see a different setup with separate hours established and the officers being on duty in the evening hours as well as daytime. Councilman Bloom agreed that Dr. Lerman was persuasive, but felt that since the Chief was formerly a youth officer, his views are very important and noted he did not understand why III Councilman Amlicke's suggestion was not acceptable. Dr. Lerman referred to one year ago when this same matter of the youth bureau was raised and Councilman Amlicke reviewed what happened then and the bureau increased from a half-time officer to one full-time officer. Councilman Bloom also reviewed the situation as it was raised last year and added the Chief's notations about other responsibilities of his department and that he had recommended that only one youth officer was necessary. Councilman Bloom noted that the meeting as suggested would be of substantial benefit to both sides. Others taking part in this somewhat lengthy discussion were Cheryl Freireich, Fred Regal, Thomas Nealon, Dolores Battalia, Jim Dolen and others who did not identify themselves for the record. Police Chief Baumblatt advised the group that he needed a 40-man force in order to allocate two men to the youth bureau, that youth should be the problem for the entire police department and that he would meet with any group at police headquarters to discuss this matter. Following much controversy, on motion by Councilman McMillan, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the Police Chief to appoint a second youth officer from within the present ranks of the III Town of Mamaroneck Police Department. After some further discussion, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes the creation of the position of lieutenant to command the investigation division of the Town of Mamaroneck Police Department. -8- 316 2. Petition - Jason Lane Residents re Flooding A resident from 807 Rockland Avenue explained to the Board the problems encountered during the recent excessive rainfall. In answer to Mr. Bloom's query, Mr. Elfreich described the path taken by the drain and Councilwoman Silverstone expressed concern about the Town putting drains in private property and not in the streets. After the Engineer recommended that the homeowners install the drains at their own costs, he was asked by the Board to be of guidance and help to them in alleviating their problems. 3. Salary Authorization - Recreation On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes that Alan Wilson and Albert Gulia, Recreation Attendants at the Hommocks Tennis Courts be compensated at the rate of $2.65 per hour, effective May 6, 1983. NOT ON AGENDA 1. Court Decision - Subdivision Map of Garfield Housing (Linen Print) Supervisor Goldsmith announced that the stay was vacated relative to the delivery of the Linen Print and asked the Town Attorney if the decision is appealable to which Mr. Johnston answered in the negative. Thereupon, on motion by Councilwoman Silverstone, seconded by Councilman McMillan, the following resolution was unanimously adopted: WHEREAS, the Appellate Division has vacated the stay with respect to the delivery of the linen print. (Subdivision Map of Garfield Housing) ; NOW, THEREFORE, BE IT RESOLVED, that the linen print (Subdivision Map of Garfield Housing) be turned over to Garfield Housing, Inc. 2. Status - Melron Litigation Mrs. Dolores Battalia asked the status of the Melron Litigation and the Town Attorney explained that the Town was successful relative to the Local Law regulating the mechanical amusement devices, but that a new public hearing will have to be held relative to the fees, which means the Town's law was upheld except for the fee structure. He went on to explain that in the other portion of the litigation relative to the special permit for an addition to Cook's Restaurant, it was determined that if the applicant can exhibit to the Building Inspector there will be no increased impact on traffic, noise and lights, a permit should be issued. -9- all THE TOWN CLERK Regular Reports The Town Clerk presented the April 1983 monthly reports of the Town Clerk's Office and the Building and Plumbing Inspector's Office. REPORTS OF THE COUNCILMEN AND COUNCILWOMAN Councilwoman Silverstone 1. Town Center Study Committee re Architectural Proposals Councilwoman Silverstone noted that the Study Committee now consists of herself, the Administrator, the Engineer and Renee Simon and further spoke of the last few weeks of hard work by this Committee in meeting with various architectural firms and visiting various sites to view their work. Mrs. Silverstone stated that the group is in complete agreement and wishes to propose to the Board that Planned Expansion Group, Inc. of White Plains be engaged to offer proposals for the renovation of the Town Center and thereupon, on Councilwoman Silverstone's motion which was seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby engages the architectural services of Planned Expansion Group, Inc. of Glenn Street, White Plains, 111 New York to prepare plans for the renovation of the Town Center; and be it further RESOLVED, that the Supervisor is authorized to execute the agreement with Planned Expansion Group, Inc. , Glenn Street, White Plains, New York, as presented at the meeting. 2. Follow-up with Westchester County re Surcharging on Valley Stream Road Councilwoman Silverstone reported on her follow-up after the last Town Board meeting of the surcharging problems encountered by the residents of Valley Stream Road. She contacted Legislator Diane Keane who visited the site and wrote to the County Health Department. She further noted.that she would continue to stay on top of the situation and may even organize the citizens to go up to the County offices. Councilman Bloom 1. Pension Increase for Retired Policemen Councilman Bloom discussed his telephone call from John Caputo, a former town policeman who asked if there would be some way his pension could be raised. After a brief discussion, it was noted that it can be looked into, but the Supervisor noted after his last talk with the Comptroller, that the maximum is already being given. -10- 318 • MINUTES OF AN EXECUTIVE SESSION OF THE TOWN • BOARD OF THE TOWN OF MAMARONECK As per the resolution adopted earlier at the May 4th, 1983 Town Board Meeting, the Town Board met in Executive Session at 11:10 P.M. on May 4, 1983 in the Council Room of the Weaver Street Firehouse. The meeting was call to order by Supervisor Goldsmith. Councilmen Bloom, McMillan and Amlicke and Councilwoman Silverstone were present. Town Administrator Stephen Altieri was also present. Discussed were candidates for promotion to the positions of "sergeant and lieutenant in the police department. After discussion, on motion duly made and seconded, it was unanimously RESOLVED, that this Board hereby accepts the recommendation of the Police Chief to promote Sgt. Robert Fuller to the rank of lieutenant, effective May 18, 1983. Upon further discussion, on a motion which was duly made and seconded, it was by majority vote that the following resolution was adopted, • • since there was one absention: RESOLVED, that this Board hereby accepts the • recommendation of the Police Chief to promote Detective Joseph Passafume to the rank of sergeant, effective May 18, 1983 The Executive Session was adjourned at 11:35 P.M. Respectfully submitted, Stephen V. Altieri Town Administrator • • 919 NOT ON AGENDA - Executive Session Upon notation that the discussion held earlier this evening during an Executive Session was not completed, on motion by Councilwoman Silverstone, seconded by Councilman McMillan, it was unanimously RESOLVED, that an Executive Session be held immediately following the adjournment of this meeting in order that the Board complete the discussion relative to police personnel matters. Councilman Amlicke 1. Litter Law Following Councilman Amlicke's question about the status of the Litter Law, the Town Attorney advised he will report on that matter at the May 18th meeting. 2. Letter, Larchmont Village Trustee Miriam Curnin re Soccer Fields Some discussion followed Councilman Amlicke's presentation of the letter addressed to him by Trustee Curnin who recommended that the Town commit to $10,000 each year for the refurbishing of the three soccer fields described as coterminous with the Ruth Green baseball field in Flint Park. Councilwoman Silver- stone suggested that a joint soccer budget with the Village of Larchmont, on a 60-40 basis, be examined for all fields. Councilman Amlicke agreed to discuss this with the Recreation Commission. 3. Hommocks Pool Councilman Amlicke reported on the meeting held with the School Board relative to the repairs to the Hommocks Pool and noted that the contractors have agreed without any additonal cost, to delay the work until after Labor Day. He also stated that in the event the filter fails, the contractor could begin work within a ten-day period. 4. Joint Planning Advisory Committee Councilman Amlicke stated that he and Councilwoman Silverstone have followed up on the above captioned committee and advised of that group's recommendation that the present members be replaced with hers who are not presently sitting on either the Village Planning or Zoning Boards or the Town's Planning or Zoning Boards. He further stated that it was also recommended that perhaps former members of those boards be asked to serve. After some discussion, it was decided that the Supervisor would canvass possible candidates so the committee appointments can be made. -11- 320 NOT ON AGENDA - Administrator re County Garbage Situation Mr. Altieri reported on the current developments relative to the proposals for garbage transfer stations in the County, the outcry from the sound shore communities with respect to that matter, the need for viable alternatives and noted that he would be attending a meeting the next morning and would continue to keep the Board informed. ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, the meeting was declared adjourned at 10:54 P.M. Town Clerk -12-