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HomeMy WebLinkAbout1979_05_02 Town Board Regular Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON MAY 2, 1979 IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK (compiled on February 2, 2007 from the May 2, 1979 file) PRESENT: Supervisor Vandernoot Councilwoman Monsell Councilman McMillan Councilman DeMaio ABSENT: Councilman Bloom ALSO PRESENT: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. DeLuca - Comptroller Mr. Aitchison CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. PUBLIC HEARING: Public Hearing held to consider the revocation of License No. 665 issued to Marinos Bouras d/b/a/ Colonial Maid of 1 Edison Avenue, Mount Vernon, New York, 10550 to peddle within the Unincorporated Area of the Town of Mamaroneck. The Public Hearing is held pursuant to Section 137 of the Town Law of the State of New York as amended. Councilwoman Monsell and Councilman McMillan opened the hearing. Specific comments were made by the Town Attorney with references to letter from the Principal and Co-Presidents. Mr. Bouras and the driver spoke and indicated no one else complained in person and indicated they have stopped selling junk food and stopped selling ice cream at certain times before the bell rings. Mr. Coupe noted safety, littering and junk food. Mr. Santos and Mrs. Roat noticed some improvement. Councilwoman Monsell asked whether the location was the safest possible place. This was answered by Mr. Coupe - stationed near Senate Place. Councilman DeMaio asked what steps were being taken regarding the reeducation of the students. He commented there was no sufficient cause for revocation.. Comments were made that the safety was the biggest problem. It was decided that no action on the revocation was necessary. Councilman McMillan commented that license should not be revoked which was agreed to by the Chief of Police, the Principal and the P.T.A., seconded by Councilman DeMaio. May 2, 1979 Councilman McMillan and Councilman DeMaio closed the Public Hearing. OLD BUSINESS: 1. Request by Village of Mamaroneck - Special Legislation Re: Coterminous Supervisor Vandernoot commented on the letter received from the Clerk- Treasurer of the Village of Mamaroneck, Joseph P. Fraioli, and welcomed Mayor Oppenheimer and Mr. Bastian. (notes refer to tape [missing] for Mayor Oppenheimer's and Mr. Bastian's comments) (notes also refer to Supervisor Vandernoot, Mayor Oppenheimer, Mr. Bastian, Councilman McMillan, Councilman DeMaio and Councilwoman Monsell with no comments). Councilwoman Monsell made a motion which failed for lack of a second. Not on Agenda Application for a solar device on a home by Arthur Katz is under newly amended regulations (89-45 of the Zoning Code). There were some comments by Councilman DeMaio and Councilman McMillan. Councilman McMillan made a motion to give this to the Planning Board and the Building Inspector. Motion seconded by Councilman DeMaio. 2. Set Date for Public Hearing - Proposed Local Law No. 1-1979 Re: Flood.Damage Motion was made by Councilman McMillan, seconded by Councilman DeMaio to set a date of June 6, 1979 for the Public Hearing. 3. Authorization to Advertise for Bids - Sanitary Sewer Replacement Pursuant to a letter to the Town Board from Mr. Charles R. Elfreich, P.E., Town Engineer, dated May 1, 1979, motion was brought by Councilwoman Monsell and seconded by Councilman DeMaio to provide authorization to advertise for the Sanitary Sewer Replacement - Rockingstone Avenue between Glenn Road and Forest Avenue program with bids returnable on June 27, 1979. 4. Resolution - Increase Retirement Allowances- Policemen and Widows Supervisor Vandernoot commented on the budget item for payment of pension funds to policemen prior to the state takeover. Under state law revision, requests can be made to increase and petition state to pass home rule legislation for an increase to ... laws in 1980. Councilman DeMaio commented these funds are not covered by the state plan, and will not increase but will only decrease (redistributing among participating members). NEW BUSINESS: 1. Resignation of Assessor Supervisor Vandernoot accepted the resignation from George Mellersten. Seconded by Councilman DeMaio and Councilwoman Monsell. 2 May 2, 1979 2. Appointment of Assessor There were comments by Supervisor Vandernoot regarding Mr: Derderian's appointment. There was further discussion by Mrs. Shultz and Mrs. Wolff regarding the time to serve the Town and possible conflict of interest. Comments also by Councilman McMillan and Councilman DeMaio. Margaret Shultz emphasized an investigation into the conflict of interest: RESOLVED, that this Board hereby appoint George Derderian as Assessor of the Town of Mamaroneck Effective April 25, 1979. 3. Salary Authorizations a) Recreation Pursuant to memorandum addressed to the Board by James W. Fronenberger, Superintendent of Recreation, dated April 19, 1979, herewith presented and ordered received and filed, on motion by Councilman DeMaio, seconded by Councilwoman Monsell, it was unanimously, RESOLVED, that this Board hereby authorizes the salary of Daniel Carr, Rec. Attendant, Hommocks Tennis Courts, at $2.50/hour, effective 4/21/1979. It is further RESOLVED, that this Board hereby authorizes the salary of Anthony Rock, Rec. Attendant, Hommocks Tennis Courts, at $2.50/hour, effective 4/21/1979. b) Engineering Department Pursuant to memorandum addressed to the Board by Carmine A. DeLuca, Comptroller, Engineering Department, dated May 1, 1979, herewith presented and ordered received and filed, on motion by Councilman McMillan, seconded by Councilwoman Monsell, it was unanimously, RESOLVED, that this Board hereby authorizes the hiring of Mark L. Mustacato as a draftsman under the CETA funded program effective 05/01/1979 for a period of approximately eight months. 4. Resolution Authorizing Permits for Work Within the County Road Area Pursuant to memorandum addressed to the Town Clerks, Village Clerks, and City Clerks, dated April 9, 1979, from Frank C. Bohlander, Commissioner, Department of Public Works, Westchester County, along with the draft Resolution therein as follows: WHEREAS, Pursuant to the provisions of Chapter 605 of the Laws of 1941, revised as of June 5, 1961, the Commissioner of Public Works of Westchester County with the approval of the Board of Legislators and the County Executive of Westchester, has prescribed rules, regulations, safeguards, specifications and conditions for the protection, reconstruction, maintenance or restoration of any county road or portion thereof, and for the protection and safety of the traveling public thereon during any operations of reconstruction, maintenance or restoration of such county road or portion thereof; AND 3 May 2, 1979 WHEREAS, the said rules and regulations require any person, corporation, improvement district, or municipality doing any work upon any country road to obtain a written permit from the Commissioner of Public Works and to deposit a certified check made payable to the order of the County of Westchester in an amount computed by the extent of the proposed work; AND WHEREAS, the said rules and regulations provide that any city, village, town public improvement district or other municipality may, in lieu of making the said mentioned deposit, file with the Commissioner of Public Works a certified copy of a resolution duly adopted by the governing board of such municipality guaranteeing faithful performance by the said municipality of all terms, covenants and conditions as set forth in the permit, which resolution shall be effective for permits issued during the remainder of the calendar year after adoption; AND WHEREAS, the Town of Mamaroneck from time to time, is required to do work within the county road area for which a written permit from the commissioner of public works of the County of Westchester is required, and for which a certified check deposit is required; herewith presented and ordered received and filed, on motion by Councilman DeMaio, seconded by Councilman McMillan, it was unanimously, NOW THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck does hereby guarantee faithful performance of all the terms, agreements, covenants and conditions of each and every written permit as referred to herein issued by the Commissioner of Public Works of the County of Westchester and that this guarantee of faithful performance shall be applicable to all such written permits issued during the present calendar year. 5. Authorization - Tax Lien Sale Pursuant to a memorandum addressed to the Board by Carmine A. DeLuca, Comptroller/Director of Finance, dated April 30, 1979, herewith presented and ordered received and filed, on motion by Councilwoman Monsell, seconded by Councilman McMillan, it was unanimously, RESOLVED, that this Board hereby authorizes the holding of a Tax Lien Sale on Thursday, May 24, 1979 at 10:00 a.m. for the 1978 Town and County taxes and the 1978-79 School taxes. . 6. Application for Special Permit- General Nursery Business - 633-635 Fifth Ave. No notes in file. 4 May 2, 1979 THE TOWN CLERK: Regular Reports THE SUPERVISOR 1. Resignation - Human Rights Commission Pursuant to a letter dated April 24, 1979, Robert M. Riley resigned as a member of the Commission on Human Rights for the Town of Mamaroneck. 2. Proclamation - Beautification Day Supervisor Vandernoot referred to a letter from Mrs. Ronald L. Tripoli dated 3/15/1979 and, therefore, it was unanimously, PROCLAIMED that Saturday, May the 5th is Beautification Day this year. 3. Proclamation - Small Business Week Supervisor Vandernoot referred to a letter from Gerald J. Garner dated April 19, 1979 and, therefore, it was unanimously, PROCLAIMED that the week of May 13 - 19 would be Small Business Week. 4. Resolution - Binding Arbitration Supervisor Vandernoot commented this Board should go on record as being against binding arbitration. Motion made by Councilman DeMaio, Seconded by Councilman McMillan and, therefore, it was unanimously adopted, WHEREAS, under the Taylor Law Police and Firemen may resort to Binding Arbitration for final settlement of contract negotiations, AND WHEREAS, this practice results in removing from local officials their obligation to their citizens to set salary and other conditions of employment, AND WHEREAS, due to this provision of law Unions are encouraged to increase their requests in hope of a higher settlement and negotiations are often prolonged beyond a reasonable time while awaiting final determination, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck hereby requests the State Legislature to permit their provision of the Taylor Law to expire, AND BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Governor Carey, Senator Pisani, Assemblyman Perone and Senator Flynn. The Supervisor further noted receipt of another communication about ... (not understandable in file) 5 May 2, 1979 5. Resolution Authorizing Supervisor to Convey a Portion of Parcel J Supervisor Vandernoot recalled a brief history of the Parcel J Property. Revert to a clause with the County and notice to homeowners abutting property (being woody and of no use to the town) the Attorney has drawn up a deed and the Engineer drew up meats and bounds (copy in file). Motion to accept by Councilman McMillan, seconded by Councilman DeMaio. THE COUNCILMEN: Councilman DeMaio: 1. Reappointment - Recreation Commission Motion was made by Councilman DeMaio, seconded by Councilwoman Monsell to re-appoint Joseph J. Germani to the Recreation Commission for another term. Councilwoman Monsell: 1. Report - Family & Youth Advocate Councilwoman Monsell reported on the meeting held on Monday, April 30, 1979 with the Youth Council and Bill DiScipio from Larchmont-Mamaroneck Committee on Family and Youth (file notes refer to tape - not in file). It was unanimously so ordered to put this issue on the next age nda, that being May 16, 1979. Councilman DeMaio questioned the manner in which Larchmont made the appropriation. 2. Not on Agenda There is no provision on Richbell Road to unload groceries. This was a complain by Mr. Scharf. Supervisor Vandernott requested that instances be put into writing and he will contact the Chief of Police. ADJOURNMENT - IN MEMORIAM _ Richard Eggers Motion was made by Councilman DeMaio, seconded by Councilman McMillan to adjourn the meeting in memory of Mr. Richard Eggers. Meeting was unanimously adjourned at 10:25 p.m. WHEREAS, Richard F. Eggers, a resident of the Town of Mamaroneck for most of his life, died on the 15th day of April, 1979, AND WHEREAS, Dick served as a member of the Town's Zoning Board of Appeals from 1960 and as its Chairman from 1968 with dedication and devotion until tendering his resignation in 1975 upon moving to Florida, AND WHEREAS, during his entire tenure of office, he guided the work of the Zoning Board with diligence and perception, contributing his valuable skills, knowledge, expertise and understanding to all aspects.of the matters before this Board and always showing himself an able leader ever mindful of the welfare of those who appealed to the Board and acting always in their best interests, 6 May 2, 1979 AND WHEREAS, he further served his community in many other civic and business posts with outstanding ability and his Country with great honor in both World War II and the Korean War, NOW, THEREFORE, BE IT RESOLVED, that the members of these Boards, the Town staff and all our residents convey to Mrs. Eggers and the members of her family our deep sense of loss, grief and sorrow, AND BE IT FURTHER RESOLVED, that this meeting stands adjourned this evening in respect to and in honor of the memory of RICHARD J. EGGERS And that this resolution be entered upon the minutes of this meeting as a permanent and lasting tribute to him. Not on Agenda Mrs. Keane inquired as to this Board's feeling about the Playland situation and noted Mr. DelBello's and the Legislature's proposal. BOARD OF FIRE COMMISSIONERS 1. Claims Pursuant to a memorandum addressed to the Honorable Town Board from Genevieve F. Soriano, Deputy Comptroller, dated May 2, 1979, herewith presented and ordered received and filed, on motion by Councilwoman Monsell, seconded by Councilman McMillan, it was unanimously, RESOLVED, to pay the following claims: Brewer's, Inc. $ 49.82 Con Edison of N.Y. 15.00 Excelsior Garage & Machine Works Inc. 427.78 Komfort Kooling ,40.00 McGuire Bros., Inc. 22.00 The New Rochelle Water Co. 71.81 New York Telephone Co. 10.36 New York Telephone Co. 407.64 Wilkie, Farr & Gallagher 60.00 Westchester Joint Water Works 40.41 $1,144.82 2. Reports There were no reports from the Board of Fire Commissioners. 3. Other Business At the time of the budget hearing certain agreements were made that, on July 1st if no retirement occurs - most recently hired firemen would have to be laid off. None will occur in 1979 (perhaps early 1980). The Board is trying to figure out how to keep this person, the chief, fire council, etc. Paid men have agreed to take less compensatory pay (give more service) for the same amount of money. Councilman DeMaio and Councilman McMillan suggested transferring the holiday pay and salary. 7 May 2, 1979 ADJOURNMENT The meeting was unanimously adjourned. Transcribed on February 2, 2007 Patricia A. DiCioccio Town Clerk For Dorothy Miller Town Clerk 8