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HomeMy WebLinkAbout1979_12_19 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD DECEMBER 19th, 1979, IN THE AUDITORIUM OF THE WEAVER STREET FIRE- HOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. ROLL CALL Present: Supervisor Vandernoot Councilman Bloom Councilman Mc Milian Councilman De Maio Councilwoman Monsell Absent: None Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Superintendent of Highways Mr. De Luca - Comptroller Mr. Elfreich - Town Engineer Mr. Santoro - General Foreman, Highway Dept. APPROVAL OF MINUTES The minutes of the regular meeting of November 21st, 1979 and December 5th, 1979 were presented, and on motion by Councilman Bloom, seconded by Councilwoman Monsell, ap- proved as submitted. PUBLIC HEARING - Amendment - Local Law No.3 - 1979 Police Alarm Systems On motion by Councilman De Maio, seconded by Council- woman Monsell, it was unanimously RESOLVED, that the Public Hearing be and it hereby is declared open. The Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing for the record. Following some discussion relative to the wording of the amendment and clarification by Sergeant Paul Munch, and since no one wished to be heard either in favor of or against the amendment, on motion by Councilman Mc- Millan, seconded by Councilwoman Monsell, it was unanimously -1- RESOLVED, that the Public Hearing be and it hereby is declared closed. And thereupon on a motion by Councilman Bloom, seconded by Councilman De Maio, the following resolution was adopted by unanimous vote of the Board: WHEREAS, this Town Board has met on this date at the time and place specified in the Notice of Public Hearing to con- sider the adoption of Local Law No. 5 - 1979 - Police Alarm Systems Amend- ment - and has heard all persons desir- ing to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby authorize the Town Attorney to provide the Town Clerk with new wording for the amendment and subject to the new word- ing, does hereby adopt Local Law No.5 - 1979 - amending Local Law No. 3.of 1979 relative to Police Alarm Systems regula- tion and control in the Unincorporated Area of the Town of Mamaroneck; and be it further RESOLVED, that such Local Law as so adopted and herewith inserted be made a part of the minutes of this meeting: b. Each person desiring to be an Alarm Agent in the Town of Mamaroneck, be- fore acting as such an Alarm Agent, shall apply to the Licensing Authority. In addition, each applicant shall fur- nish the Police Department of the Town of Mamaroneck with a full set of the ap- plicant's fingerprints. The Police De- partment is authorized to forward such fingerprints to the New York State Di- vision of Criminal Justice Services for a criminal background investigation. Each applicant shall be charged a fee of $1 5.00 for a full search and return from the Division of Criminal Justice Services. Such fee shall be submitted with the applicant's fingerprints in the form of a check or money order made payable to the New York State Division of Criminal Justice Services. Such Alarm Agent License shall be valid for a one year period, on a calendar year basis, expiring on December 31st of each year. Notwithstanding this pro- vision, a licensed Alarm Agent may act -2- as such an agent through January 31st of the year following the expiration of the Alarm Agent License. OLD BUSINESS 1 . Opening of Bids - Sheldrake River Improvements At this time the Town Clerk opened and read aloud the follow- ing bids: Briar $189,640.00 Micelli 314,380.00 Felix 319,895.00 DiBiccari & Riccio 370, 100.00 Bilotta 379,565.00 Thalle 563, 155.00 Lore 549,040.00 The Town Engineer asked the Board for permission to review and report back before awarding of the bid which was unani- mously so ordered. 2. Adoption of 1980 Budget Supervisor Vandernoot stated that the Board had given careful study to the Preliminary Budget and had made certain changes. He pointed out that the salary of Joseph Santoro who will as- sume the duties of Highway Superintendent unofficially due to Civil Service technicalities is reduced, and further noted the change in the breakdown of P. T. Leddy's salary. Following a brief discussion, on motion by Councilman Bloom, seconded by Councilman De Maio, the following resolution was adopted by unanimous vote of the Board: WHEREAS, this Town Board has met on December 5th at the time and place spec- ified in the Notice of Public Hearing on the adoption of a Preliminary Budget for 1980 and has heard all persons desiring to be heard thereon; and WHEREAS, the Preliminary Budget as approved on November 7th has been mod- ified as of this date; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts such Preliminary Budget as mod- ified as the Annual Budget of this Town -3- for the fiscal year beginning on the first (1st) day of January, 1980, and that such Budget as so adopted be entered in detail in the minutes of the Proceedings of this Town Board; (Budget herewith inserted) and be it further RESOLVED, that the Town Clerk of this Town shall prepare and certify, in dupli- cate, copies of said Annual Budget as adopted by this Town Board, together with the estimates, if any, adopted pur- suant to Section 202-a, subdivision 2 of the Town Law, and deliver one (1) copy thereof to the Supervisor of this Town to be presented by him to the County Board of Legislators of this County; and be it further RESOLVED, that for the fiscal year 1980 the sum Hereinafter set forth in the at- tached Budget be levied, assessed, and collected upon the taxable properties in the Town of Mamaroneck outside of the Villages of Larchmont and Mamaroneck (Part Town), the properties of the sev- eral Districts and the several parcels of taxable property, franchise and assess- ments, and persons within the Town and within such Special Districts, be extended on the tax roll of the Town of Mamaroneck against each of the several parcels affected by such assessments, or parts thereof; and be it further RESOLVED, that pursuant to the provisions of Chapter 654 of the Laws of 1927 as amen- ded, there be levied against the several lots and parcels of land contained upon the state- ment hereto annexed and marked "Exhibit A", the several sums set forth opposite each such parcel or lot of land on such statement as and for unpaid water charges due upon said lots or parcels, which said sums shall be placed in a separate column of the tax roll of the Town of Mamaroneck under the name - "Water Rents" . Supervisor Vandernoot thanked the members of the Budget Com- mittee for their imput in this year's budgetary process. -4- 3. Discussion - Urban County Funding Year 5 Mr. Vandernoot reviewed the Urban County Funding received by the Town for Years 1 , 2, 3 and 4 and indicated the work done under each year's Funding. He further noted that the Engineer had completed, and submitted the application for the II Year 5 Funding. 4. Engineer's Request - Solicit Proposals for Engineering Services - Sheldrake River Pursuant to memorandum addressed to the Board by the En- gineer under date of December 12th, 1979 herewith presented and ordered received and filed, on motion by Councilman De- Maio, seconded by Councilwoman Monsell, it Was unanimously RESOLVED, that this Board hereby authorizes the Town Engineer to solicit proposals from Consulting Engineers for field surveys, ease- ments, reports, recommendations, construc- tion plans and specifications in connection with the Sheldrake River Improvements. 5. Resolution - Larchmont Reservoir Valve Following some discussion relative to the resolution previously adopted by this Board and the resolution adopted by the Larch- mont Village Board of Trustees, on motion by Councilman Mc- Millan, seconded by Councilman Bloom, the following resolu- tion was unanimously adopted: WHEREAS, the installation of a 20" valve at the Larchmont Reservoir property using Urban County Funds has been approved by the Boards of the Villages of Larchmont and Mamaroneck as well as this Board; NOW, THEREFORE, BE IT RESOLVED, that the terms and conditions requested by the Board of Trustees of the Village of Larchmont in its resolution pas- sed at a meeting held on November 5th, 1979, are hereby approved and attached hereto. (see next page) -5- t 4 • . RESOLUTION ADOPTED BY T VILLAGE OF LARCBMONT 2OAP.D OF TRUSTEES ON NOVEMBER 5, 1979 - On motion by Trustee Barry, seconded by Trustee _ Piccon.e and carried unanimously, it was: RESOLVED, that the Village Board of Larchmont hereby grants per- mission. for use of the Village• Reservoir property located par- • tially in the Town of Mamaroneck and partially in the City of New Rochelle, as requested by the Village of Mamaroneck- and the Town of Mamaroneck, for the purpose of installing a manually operated 20" gate valve in connection with flood control no - cost to- the Village of ;-archmont. The valve will a chamber as described in the plan attached: to. this located nn �' �' �.s resolution designated Exhibit A and dated Augusta , 1979-/The permission. hereby granted.by the Village of Larchmont shall not constitute easement of any kind, but shall be a license revocable upon t ;irty (30) days notice by the Village of Larchmont for any Mason whatsoever. The maintenance of the Flood Control Valve shall be the sole responsibility of the Village of Mamaroneck and the Town of Mamaroneck and said valve shall be so maintained that it can be. closed at any time. The license granted herein is. contingent upon the adoption of resolutions <- ons b v the Village of Mamaroneck and the Town of Mamaroneck containing si a provision agreeing that the Tow- of Mamaroneck and the Village of Mamaroneck _ respectively will share jointly all. costs resulting from the lowering of the Reservoir for the purpose of flood control, and will assume jointly all responsibility for any lowering of the Reservoir done at the request of either the Village of Mamaroneck or. the Town of Mamaroneck, and that the Village of Mamaroneck and the Town of Mamaroneck will indemnify and save harmless the Village of Larchmont from any and all claims of whatever nature pertaining to the use of the Larchmont -Reservoir for the purposes of flood control or arising out of •the existence of the said valve, including, but not limited to any claims by owners of real property or holders of easements affected thereby and further, will agree to make rerncz eration for diminution in the value of the Larchmont Reservoir Property resulting from the granting of this license and the use and maintenance of the valve.. . . . • .. . „ . . . _ ._ _ , • • .. . . . . . . . . . . . . . _ • . . . . . . . . . • .. • . • . „..: . . .. . . . • .• . .• •• _ . . , . . . . -6-- • _6. Authorization - Supervisor to Sign Contract with County for Valve Installation Following a brief discussion and pursuant thereto, on a motion by Councilman Bloom, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to sign the Contract between the County of Westchester and the Town of Mamaroneck for the Installation of the Valve at the Larchmont Reservoir. NEW BUSINESS 1 . Request to Install Metal Wood Burning Stove 30 Copley Road, Town The Supervisor presented a memorandum addressed to the Board by the Building and Plumbing Inspector under date of December 17th, 1979 which was herewith ordered received and filed for the record. - And thereupon following some discussion during which certain clarifications were made by Mrs. Demasi the applicant, on mo- tion by Councilman McMillan, seconded by Councilman De Maio, it was unanimously RESOLVED, that this Board hereby varies the regulations of the Building Code as per- mitted under Article V, Section 14 - 19, so as to permit the installation of the metal wood burning stove and metal all fuel chim- ney as shown on the plans and in accordance with the manufacturer's specifications in the residence located at 30 Copley Road on prop- erty known as Block 409- Parcel 75 on the Assessment Map of the Town of Mamaroneck. 2. Authorization for Blanket Resolution re: Budget Transfers Pursuanc to presentation of the Comptroller's memorandum under date of December 19th, 1979 herewith ordered received and filed, on motion by Councilwoman Monsell, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby author- izes the Comptroller to make all transfers of funds within the 1978 Budget necessary to close out the books for the end of the fis- cal year 1979. -7- 3. Resignation - Conservation Advisory Commission The Supervisor presented a letter addressed to him by Thomas R. Amlicke under date of November 30th, 1979 tendering his resignation from the above captioned Commission, and follow- ' - ing the notation relative to his reason for resigning and praise by the members of the Board for the leadership shown during his tenure, on motion by Councilwoman Monsell, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board accepts the resignation of Thomas R. Amlicke as a member and Chairman of the Conserva- tion Advisory Commission with deep re- gret, and expresses its thanks and appre- ciation to him for the services he ren- dered to the Town during the many years he served as a member and Chairman of this Commission - adding its best wishes to him in his new role as Town Councilman. 4. Resignation - Board of Police Commissioners The Supervisor also presented a letter addressed to him by John H. Hanlon tendering his resignation from the Town of Ma- maroneck Police Commission, whereupon on motion by Coun- cilman=De Maio, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board accepts the resignation of John H . Hanon as a mem- ber and Chairman of the Town of Mamar- oneck Police Commission with deep re- gret, and expresses its thanks and ap- preciation to him for the services he rendered to the Town during his years of service as a member of this Commission. 5. Authorization - Sewer Connection The Town Engineer's memorandum of December 17th, 1979 was presented and herewith ordered received and filed, and thereupon following a brief discussion, on motion by Council- man Bloom, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board hereby au- thorizes the Sewer Connection as re- quested by Robert and Susan `Svoboda of 1152 Old White Plains Road, Town, subject to an Agreement being drawn up by the Town Attorney. - 8- 6. Salary Authorizations - Patrolmen Following Supervisor Vandernoot's presentation of the memo- randum addressed to the Board by Police Chief Robert M. Barasch under date of December 18th, 1979 herewith ordered received and filed, on motion by Councilman Bloom, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board hereby author- izes that Patrolmen Matthew Wilson and Frank Occhiogrosso be compensated in the amount of $17,055.00 per annum, effective January 3rd, 1980. COMMUNICATIONS 1 ,- Letter - Larchmont Soccer League Supervisor Vandernoot presented a letter addressed to the Board by Joseph Gryzlo of the Larchmont Junior Soccer League under date of December 3rd, 1979 which was herewith ordered received and filed for the record. 2. Third Quarterly Report Westchester Joint Water Works The above captioned report was herewith presented and ordered received and filed for the record, with the Supervisor noting that they were still operating at a profit. THE TOWN CLERK 1 . Regular Reports The Clerk presented the Report of the Town Clerk for the month of November 1979. THE SUPERVISOR 1 . Appointment - Town Historian Following Mr. Vandernootts review of Mr. Burton C. Meighan's qualifications, on a motion by Councilman Mc Millan, seconded by Councilman .Bloom, it was unanimously RESOLVED, that this Board hereby appoints Burton C. Meighan of Chatsworth Gardens Apartments, Town, Local Historian for the -9- Town of Mamaroneck in accordance with Sections 148 - 149 of New York State Education Law. NOT ON AGENDA 1 . Mrs. Margaret Shultz Mrs. Shultz addressed the Board inquiring what would happen if the Larchmont Village Board were not to approve the Li- brary Budget -- to which the Board replied that that item in the Town's Budget would not be expended and would become surplus. 2. Councilman McMillan Mr. McMillan reported that the Cable T.V. Negotiating Com- mittee would be meeting on December 20th. 3. Councilman De Maio Councilman De Maio, attending his last Town Board Meeting __ as a Councilman, read the following prepared speech which he requested be made a part of the minutes of this meeting. Remarks by Town Councilman Harry B. De Maio Concluding His Term of Office at the Town Council Meeting on December 19th, 1979. Mr. Supervisor, members of the Board, Ladies and Gentlemen: During my four years on the Town Board, I have given very few formal speeches. . . .and I was sorely tempted to let this last meeting of my term close without disturbing that trend. However, the countervailing temptation for members of government to give farewell addresses is also very strong and I have succumbed. I will, however, be very brief. My first obligation is to express my sincere thanks to all of the very fine people with whom I have served over the past four years - the supervisor, members of the board, mem- bers of the town staff, committee and commission members, as well as the many other organizations (such as the library) with whom I have had the privilege to work. You have all been very supportive, fair, intelligent and hard-working. In an environment where it is very easy to put one's own inter- ests first, you have been very dedicated to the welfare of the Town of Mamaroneck. My sincerest thanks and congrat- ulations to all of you. -10- I want to also say a special thanks to the members of the Democratic party for their original support of my candi- dacy and their continued enthusiastic assistance through- out my entire term. I can only hope that my performance as a Town Board member helped to enhance in some small way the growth of a two-party government in this Town and that shortly, we will see a return to bi-partisan represen- tation on this Board. I do not envy the new Board or Supervisor their future tasks. The nature of the challenges they face promises to become more and more complex and frustrating. I feel that I am leaving this board at a time when things are really beginning to become "interesting" . However, as I have indicated in the past, there was no way that I could in good conscience serve another term and fulfill my obliga- tions as I feel they must be fulfilled. That assumes, of course, I would have been re-elected at all . As you all know, the character of this community is simul- taneously its' greatest attraction and its' heaviest burden. We are a suburban, residential community in close prox- imity to the world's most dynamic, varied and demanding urban center. . .offering comfortable living to a relatively limited number of families in a beautiful environment. Let's examine that statement more closely. . . ."a suburban residential community" . . .and one without an industrial base for its' finances and skills. "In close proximity to to the world's most dynamic, varied and demanding urban center". . . New York City, which by the shadow of its in- nundating media, its recreation and cultural offerings and its work opportunities, makes our own community identi- fication, concern and spirit the more difficult to develop and sustain. "Offering comfortable living to a relatively limited number of families in a beautiful environment" . . . . and thereby producing a very high demand for services, protection and environmental enhancement. A pessimist viewing this situation might well see it as the early stages of a suburban dream becoming a nightmare of conflicting pressures. I am not a pessimist. I have seen small -but extremely dedicated groups of citizens come to the assistance of this Town in a number of circumstances. . . the Ice Rink and Budget Committees, just to name two. I have watched groups of longer :standing like the League of Women Voters, the Friends of the Library, the Little League and Soccer League, the Lions, Rotary and the Churches and Syna- gogues respond to our local needs. We all know the great service VAC and the Fire Departments supply. I have seen all the elements of Town government in action and at the risk of self-congratulation, I can very enthusiastically say it is a good Town government. We are gifted with a local newspaper which is a very positive force as well. -11- But my optimism is tempered by a knowledge of the in-_ creased fiscal and operational demand which will be made in the future and the terrific strain this will bring to our limited financial resources. My optimism is also tem- pered by the large number of citizens who neither know or want to know about their community and whose sole deal- ing with government is in response to a personal threat, real or imagined. My optimism is tempered by the know- ledge that many of us do not fit the affluent profile in which we like to cast this community and that number is on the increase. These people, too, have a right to join, stay and share in this community. Many of them have made and are making major positive contributions and it is our obli- gation to see that they do not get priced out of sharing in the benefits. All of these problems are not readily elimin- ated by sweeping new programs or quick solutions. But they - do require new and visionary thinking. So, I would like to conclude my term of office with a very strong plea for an acceleration of the existing programs of cooperation among the three communities that make up the Town of Mamaroneck. In an environment where preserva- tion of the status quo is always tempting, sacrifice of self- interest and perhaps even self-identity has become even more essential. I will use the forbidden word. . .I think some form of consolidation will be necessary. It will not solve all of our future problems. It will no doubt create many new ones. But I am personally convinced that it is a necessary condition to the survival of Larchmont, Mamaro- neck Village and the Town, even if they do not survive as distinct, municipal entities. We usually speak of consoli- dation, if we address it at all, in some undefined, futuris- tic mode. We need to think of it not as some bitter medicine we will take when the symptons and disease at last become unbearable, but rather as a program here and now for enhan-;,. cing our future health. It is already very late. A positive, well structured, unselfishly designed and executed program of cooperation will be the finest contribution we can make to our children and the future generations who will live here. Let me wish all of you a-very happy and joy-filled holiday. As we move on, not simply to a New Year but to a new decade, may I extend a very strong personal wish for the continued growth, health, prosperity and welfare of all the citizens of Larchmont, Mamaroneck Village and Mamaroneck Town. May the future be a good one and may we act in such a way to de- serve it. Thank you. 4. Councilmen Bloom, McMillan and Monsell Mr. Bloom made a farewell speech to Supervisor Joseph Van- dernoot and Councilman Harry B. De Maio, both stepping down as Public Officials -- and after noting the valued service they had given to the Town, further stated that it had been a privi- lege and a joy indeed to serve with them both. -12- Mr. McMillan also lauded Mr. Vandernoot and Mr. De Maio for their individual accomplishments durin g their tenure on the Town Board. Mrs. Monsell spoke of her service with both Mr. Vandernoot and Mr. De Maio and thanked their wives for sharing them with the Town. 5. The Supervisor • Mr. Vandernoot delivered his farewell by taking the time to thank and praise those with whom he had worked over the past years during his tenure on the Board as a Councilman, as Deputy Supervisor and as Supervisor. 6. The Members of the Board Each of the members of the Board also thanked Mr. William Aitchison for his exemplary, diligent and faithful service to the Town as Superintendent of Highways and wished him well in his retirement. ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, the meeting was de- clared adjourned at 9:44 p.m. , to reconvene on January 8th, 1980. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1 . Claims Upon Commissioner Bloom's presentation of the Fire claims for authorization of payment, on his motion, which was seconded by Commissioner DeMaio, 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: -13- B & C Smith, Inc. $ 24.80 Con Edison 2.00 Con Edison 2.00 Con Edison 3..00 Con Edison 2.00 Con Edison 19.20 Coyne Industrial Laundries 33.00 Dri-Chem Extinguishers 71 .40 Excelsior Garage & Machine Works 170.09 Exterminating Services 11 .75 John Merenda Construction 1 ,385.00 Chris Murphy 100.00 Exxon Company 335.70 Larchmont Auto Parts Dist. , Inc. 82.57 Lawrence Heat & Poser Corp. 634.28 Margoluis Men's Wear 262.50 Suburban Communications Inc. 70.00 Village Ford 36.20 AAA Emergency Supply 69.00 $ 3,314.49 2. Reports There were no reports to come before the Commission. 3. Other Business Commissioner Bloom reported that a new slate of Officers had been elected by the Fire Council and that their installa- tion dinner would be held on January 12th, offering the Com- mission's sincere congratulations to each Officer. ADJOURNMENT There being no further, business to come before the Fire Com- mission, on motion duly made and seconded, the meeting was declared adjourned at 9:47 p.m. , to reconvene on January 8th, 1980. Town Clerk -14-