HomeMy WebLinkAbout1980_03_05 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD,
OF THE TOWN OF MAMARONECK, HELD ON THE 5TH DAY
OF MARCH, 1980, IN THE AUDITORIUM OF THE WEAVER
STREET FIREHOUSE, TOWN OF MAMARONECK.
CALL TO ORDER
The Supervisor called the meeting to order at 8:15 p.m.
ROLL CALL
Present: Supervisor Goldsmith
Councilman McMillan
Councilwoman Monsell
Councilman Amlicke
Absent: Councilman Bloom
Mr. Bloom was out of the country
on business and therefore unable
to be at the meeting. His absence
was excused.
Also Present: Mrs. Miller - Town Clerk
Mr. Johnston - Town Attorney
Mr. DeLuca - Comptroller
Mr. Elfreich - Town Engineer
Mr. Santoro - Acting Supt. of Highways
NOT ON AGENDA
The Supervisor --
Before proceeding with the agenda, the Supervisor announced
the reactivation of the Citizen Committee to Study the Marla--
ger Form of Government -- and noted that its first meeting
had been scheduled for Tuesday, March 11th.
APPROVAL OF MINUTES
The minutes of February 20th, 1980, were presented, and on
motion by Councilwoman Monsell, seconded by Councilman
Amlicke, unanimously approved as submitted.
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TH-E SUPERVISOR --
Item #7 under New Business
Before proceeding with the regular order of business on the
agenda, the up Supervisor took u Item # 7 under NEW BUSINESS
P
and noted the presence of County Legislator Diane Keane and
George Forbes, Attorney for Irving Feder. Mr. Forbes ad-
dressed the Board and after giving a brief history of the prop-
erty referred to as "Parcel C", outlined Mr. Feder's desire
to buy and build on the property. Mrs. Keane reported on her
efforts to get from the County a release of a clause providing
for reverter in the event the property would be used for other
than municipal purposes, and advised the Board of the require-
' ments in order for her to proceed further.
Following a lengthy discussion in which Mr. Irving Feder also
addressed the Board relative to his plan for condominiums on
the property, the Supervisor advised him that further study
and consideration would be given to his application after the
County responded with respect to a request for waiver of the
reverter clause. Whereupon on motion by Councilman Am-
licke, seconded by Councilwoman Monsell, it was unanimously
RESOLVED, that this Board hereby requests
the County of Westchester to waive its right
of reverter as such right applies to Parcel C
thus making it possible for the Town of Ma-
' _1niaroneck-•to dispose of said property free of
reverter;
and it was further
RESOLVED, that the Supervisor is author-
ized to write to the County Executive or to
the County Legislature and to set forth in
such correspondence an outline of the offer
made by Irving Feder in order to give to
the County Executive or to the County Leg-
islature a basis upon which the Town of
Mamaroneck might conceivably proceed if
the right of reverter were waived.
OLD BUSINESS
1 . Report of C.A.C. re Larchmont Reservoir
Councilman Amlicke, former Chairman of the Conservation
Advisory Commission, introduced Robert Hohberg, a member
of that Commission and teacher at Mamaroneck High School.
Mr. Hohberg presented to each member of the Board his for-
mal Limnology Study of the Larchmont Reservoir, noting that
said Study had been done in order to provide data for deter-
mining the best usage of the Reservoir's waters. After briefly
reviewing his Study, he concluded that the Larchmont Reser-
voir met the standards of New York State for an "A" rating
and that with proper treatment, etc._, the water would be usable
as a drinking water resource. The Board thanked Mr. Hohberg
for a fine and comprehensive, Report.
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2. Resolution re Disposition of Old Records
Following the Clerk's explanation of the State's request for a
new resolution with respect to the disposition of old records,
on motion by Councilman Amlicke, seconded by Councilman
McMillan, it was unanimously
RESOLVED, that the minutes of the meeting
of February 6th, 1980, be corrected in form
with the resolution passed at such meeting
concerning the disposal of outdated records,
and that such minutes, therefore, be cor-
rected to conform as passed and read as
follows:
RESOLVED, that the Town Clerk be and she
hereby is authorized to execute the necessary
form and forward it to the State Education
Department for the Commissioner's consent
to dispose of certain old and outdated records
presently being stored at the Town Yard pur-
suant to the provisions of Section 65-b of the
Public Officers Law, and to dispose of such
records in accordance with such consent if
obtained, such records being record items
numbers 7, 42, 45, 59 through 74 inclusive,
76, 82, 101 , 107, 108, 114, 117 through
131 inclusive, 138 through 174 inclusive,
181 through 263 inclusive, 269 through 303
inclusive, 324 through 329 inclusive, 333,
336, 339, 340, 371 , 376, 378, 380, 384
through 469 inclusive, 473 through 476 inclu-
sive on Local Records Disposition Request
List Number 272-TC-14.
3. Authorization - Payment for Relocation
of Hydrant 2079
Supervisor Goldsmith then reviewed the situation relative to the
automobile accident on Weaver Street involving Hydrant #2079
and asked the Board's approval of payment of the final bill for
the relocation of said hydrant in the amount of $1 ,694.63 - noting
that the cost was just under the $1 ,700.00 estimate. Whereupon
on a motion by Councilwoman Monsell, seconded by Councilman
McMillan, it was unanimously
RESOLVED, that this Board hereby author-
izes payment to the Westchester Joint Water
Works of the sum of $1 ,694.63, the final bill
for the relocation of Hydrant #2079.
4. Appointment - Representative to Community
• Development Advisory Group
At this time the Supervisor reminded the Board that the appointment
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of a representative to the Community Development A visory
Group had been put over to this meeting and asked the mem-
bers of the Board whether they had had an opportunity to re-
view Mr. Conlan's resume. And thereupon, on a motion by
Councilman Amlicke, seconded by Councilman McMillan, it
was unanimously
RESOLVED, that Richard J. Conlan, 26
Myrtle Boulevard, Town, be and he here-
by is appointed the Town of Mamaroneck's
representative to the Community Develop-
ment Advisory Group under the Urban
County Program.
NEW BUSINESS
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1 . Application - Sherwood Drive Residents
and Pinebrook Association
Mrs. Sandra Harriot, representing the Sherwood Drive resi-
dents, addressed the Board relative to the serious drainage prob-
lem . .
at the dead end area of that street. The Town Engineer,
Charles Elfreich, further reviewed the problem referring to his
Report to the Board in which he had outlined how to go about al-
leviating the problems.
Following a lengthy discussion during which John Troy, repre-
senting the Pinebrook Association, further elaborated on the
problems of open pipes, rats, raccoons, and flooding, and Ra-
mon Riveros of 61 Sherwood Drive spoke to the Board about
his personal problems which, he stated, were caused by the
open-ended storm drains, presenting pictures- to substantiate
his comments.
The Town Engineer then advised the Board of his schedule and
the approximate cost of the project, and thereupon on a motion
by Councilman McMillan, seconded by Councilwoman Monsell,
it was unanimously
RESOLVED, that the Town Engineer be and
he hereby is authorized to prepare plans
and specifications to carry out his sugges-
tions as a preliminary step to carrying out
the modifications.
2. Proclamation re -- Employ the Older Worker Week
The Supervisor, with the unanimous consent of the Board, is-
sued the following Proclamation:
(Proclamation on following page)
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Proclamation
W h e r e a s , older- workers (age 45 and older) have demon-
strated the value of their experience, skills,
productivity and loyalty in the nation's work
force;
and
W h e r 1:as , the Town of Mamaroneck demonstrates daily
its awareness of the productivity and dedica-
tion of older workers through employment in
Town sponsored programs and services;
and
W h e r e a s , the Town of Mamaroneck recognizes the con-
tributions that older workers make to the ec-
onomic and social well-being of the Town;
and
W h e r e a s , unemployed older workers face longer periods
of unemployment than younger workers, and
barriers, especially of age discrimination, to
re-entry into the labor force;
and
Whereas , during the week of March 9th - 15th, the atten-
tion of the State and the Nation will be drawn
to the need for employment opportunities for
older workers;
Now , Therefore ,
I , Leo Goldsmith , Jr . , Supervisor of
the Town of Mamaroneck, do hereby proclaim
the week of March 9th through March 15th, 1980
tobe --
Employ the Older Worker
Week
in the Town of Mamaroneck, and urge all em-
ployers and employer organizations to promote
and develop employment opportunities for our
older workers.
Leo Goldsmith , Jr .
Supervisor
Dated ':_ March the 5th , 1980 .
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3: -Request of Larchmont-Mamaroneck
Summer Musical Theatre
Councilman McMillan reviewed the request of the Larchmont-
Mamaroneck Summer Musical Theatre and his discussion with
Mrs. Model and suggested that up to $1 ,500. be made avail-
able to this group, further noting that perhaps some monies be
put into next year's budget for this program. Whereupon after
some discussion, on his motion, seconded by Councilwoman
Monsell, it was unanimously
RESOLVED, that this Board hereby
authorizes the allocation of up to
$1 ,500. to the Larchmont-Mamar-
oneck Summer Musical Theatre to
pay or help pay the custodial costs
incurred for its evening rehearsals
during the summer of 1980.
4. Appointments - Conservation Advisory Commission
Councilman Amlicke presented a letter addressed to the Super-
visor by the Chairman of the Conservation Commission re-
questing the Board's approval of nominees to fill vacancies on
that Commission. Whereupon, on a motion by Councilman Mc-
Millan, seconded by Councilwoman Monsell, the following reso-
lution was adopted by the majority of the Board:
RESOLVED, that this Board hereby
appoints Mrs. Susan Amlicke, 60
Maple Hill Drive, Town, a member
of the Town of Mamaroneck Conser-
vation Advisory Commission to fill
the vacancy created by the resigna-
tion of Mr. Thomas Amlicke, and to
serve for the unexpired portion of
his term of office, effective immed-
iately and ending on December 31st,
1980;
and it was further
RESOLVED, that this Board hereby
appoints Dr. Alan Mason, 482 Weaver
Street, Town, a member of the Town
of Mamaroneck Conservation Advisory
Commission, to serve for a term of
office of two years, effective immedi-
ately and ending on December 31st,
1981;
and it was further
RESOLVED, that both Mrs. Amlicke
and Dr. Mason be notified of their
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appointments with an expression of the
Board's thanks for their willingness to
serve.
Councilman Amlicke abstained from voting since his wife was
One of the persons being considered.
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5. Possible Resolution re Town of Mamaroneck History
The Supervisor advised the members of the Council that Dr.
Mary English, who had compiled the minutes of meetings of
the Town Boards, etc. into a book form, had suggested the
possibility that she be entitled to a copyright on the published
manuscript. The Library Board had been required to relin-
quish all of the copyrights when the grant was received from
the State. Certain members of the Council felt they did not
know the consequences of relinquishing any copyrights that
the Town might have, and, as a consequence, the Council
was not prepared to take any action at the present time. No
resolution was offered.
The Supervisor then suggested that it would be in order to
pass a resolution thanking Dr. English, and upon motion by
Councilman McMillan, seconded by Councilwoman Monsell,
it was unanimously
RESOLVED, that the Town of Mamaroneck
hereby expresses to Dr. Mary English its
thanks for her dedication in so expertly
compiling and putting into readable and en-
joyable form minutes of meetings of various
Town Councils and Boards dating from their
earliest times.
6. Authorization to Collect 1980 State, County,
Town and Special District Taxes
Pursuant to request of the Receiver of Taxes for authorization
to collect the 1980 State, County, Town and Special District
taxes and publish and post the necessary Notice thereof, on
motion by Councilman McMillan, seconded by Councilwoman
Monsell, it was unanimously
RESOLVED, that this Board hereby author-
izes the Deputy Receiver of Taxes of the
Town of Mamaroneck to collect the 1980
State, County, Town and Special District
taxes and the water rents which become a
lien on January 1st, 1980.
and it was further
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RESOLVED, that in accordance with the
provisions of Section 500 of the West-
chester County Administrative Code, The
Daily Times, the official newspaper pub-
lished in the Village and the Town of Ma-
maroneck, 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 it was further
RESOLVED, that in accordance with the
provisions of Section 550 of the West-
chester 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 Ma-
maroneck, 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.
COMMUNICATIONS
1 . Notice of Public Hearing - Village of Mamaroneck
Zoning Board of Appeals
The Notice of a Public Hearing to be held by the Village of Mamar-
oneck Board of Appeals on Thursday, March 6th, 1980, at 8:00 p.m.
at the Village Hall was presented and noted.
THE TOWN CLERK
Regular Reports
The Clerk presented the following Reports which were herewith
ordered received and filed for the record:
Reports of the Building and Plumbing Inspector for the months
of January and February 1980.
Report of the Town Clerk for the month of February 1980.
Annual Report of the Secretary-Treasurer of the Larchmont-
Mamaroneck Joint Garbage Disposal Commission for the
year ended December 31st, 1979.
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THE COUNCILMEN
Mr. McMillan --
1 . Narcotics Guidance Council
Mr. McMillan advised the Board that he wished to defer the Nar-
cotics Guidance Council appointment until the next meeting since
he was awaiting word from the candidate as to her availability to
serve, and pursuant thereto, no action was taken by the Board at
this time.
2. Report re Soccer Program
Mr. McMillan, in reporting on the Soccer Program, noted that
the Town expects that Soccer will be played on the Hommocks
fields -- but stated that in the event that a determination is made
that the Hommocks fields cannot be used, assurances have been
given by the Larchmont Village Board that Flint Park will be
made available.
NOT ON AGENDA
The Town Attorney --
The Attorney reported on the status of the Special Franchise case
involving Con Edison and the State Board of Equalization and As-
sessment and noted that the Appellate Division, Third Department
had reversed the previous ruling of the Supreme Court and that
Henry J. Smith, the Attorney representing the Town of Mamaro-
neck and other Westchester municipalities, wished to make a
motion of appeal to the Appellate Division itself and not to the
Court of Appeals in order to keep the case alive and protect the
Town's interest. And thereupon, on a motion by Councilman Mc-
Millan, seconded by Councilman Amlicke, the following resolu-
tion was adopted by a majority vote of the Board since Council-
woman Monsell abstained from voting:
RESOLVED, that this Board hereby authorizes
Special Counsel, Henry J. Smith, to make ap-
plication to the Appellate Division, Third Part
to make an appeal to the Court of Appeals on
behalf of the Town of Mamaroneck of the deci-
sion of the Con Edison Special Franchise As-
sessment litigation at a minimal cost to the
Town.
The Supervisor --
1 . Appointments - Financial Advisory Committee
The Supervisor referred to a new Committee to be known as the
Town of Mamaroneck Financial Advisory Committee stating that
he hoped the composition of the Committee would be one member
from the Unincorporated Area, one from the Village of Mamaro-
neck, and one from the Village of Larchmont. He further stated
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that a third member had not been interviewed as to his willingness
to serve as yet and therefore that appointment was being delayed.
He then noted that Mr. Lauren Miralia of the Unincorporated Area,
and Mr. Arthur Gordon of the Village of Mamaroneck, had ex-
pressed their willingness to serve and thus he was asking for ap-
proval of the appointment of these two gentlemen. Whereupon on
a motion by Councilwoman Monsell, seconded by Councilman Mc-
Millan, it was unanimously
RESOLVED, that the Supervisor's two appoint-
ments of Lauren M. Miralia, 5 Dundee Road,
Town, and Arthur S. Gordon, 555 Walton Ave-
nue, Village of Mamaroneck, to the Town of
Mamaroneck Financial Advisory Committee
be and they hereby are approved.
2. Meeting with Board of Education re Hommocks Pool
The Supervisor reviewed the meeting held on March 3rd with the
Board of Education and spoke of the options discussed at that
meeting and the cost thereof. He stated that it would be in order
at this time to set a date for a Special Meeting of this Board rel-
ative to the repairs at the Hommocks Pool and thereupon, on a
motion by Councilwoman Monsell, seconded by Councilman Am-
licke, it was unanimously
RESOLVED, that this Board hereby fixes
the date of Wednesday, March 12th, 1980
for holding a Special Meeting in the Su-
pervisor's Office at 740 West Boston Post
Road in Mamaroneck at 8:00 p.m. , for
the.purpose of discussing recreational
matters relative to the Hommocks Pool
and the expenses in connection therewith;
and it was further
RESOLVED, that the Town Clerk be and
she hereby is authorized to publish in the
official newspaper of the Town of Mamar-
oneck, The Daily Times, the Notice of
said meeting;
and it was further
RESOLVED,, that Mr. Kronenberger,
Superintendent of Recreation, be re-
quested to be in attendance at said meet-
ing and as well that an invitation be ex-
tended to the members of the Board of
Education and to Mr. Spool of Weidlinger
Associates to attend the meeting.
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ADJOURNMENT
There being no further business to come before the Council, on
motion duly made and seconded, the meeting was declared ad-
journed at 10:12 p.m.
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
In Commissioner Bloom's absence, Commissioner McMillan pre-
sented the Fire claims for authorization of payment, and on his
motion, seconded by Commissioner Monsell, it was unanimously
RESOLVED, that this Commission hereby
authorizes payment of the following claims
as approved by the Fire Chief and audited
by the Comptroller's Office:
B & C Smith, Inc. $ 34.70
Excelsior Garage & Machine Works, Inc. 1 , 469.04
Exterminating Services Co. 11 .75
I & T Plumbing and Heating Co. , Inc. 48.70
Larchmont Auto Parts 61 .95
Lawrence Heat & Power
1 ,078 .62
Anthony N. Ltbrandi 28.50
National Fire Protection Assn. 57.68
Portronix Communications 90.00
$ 2,880. 94
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ADJOURNMENT
There being no further business to come before the Board, on
motion duly made and seconded, the meeting was declared ad-
journed at 10:14 p.m.
Town Clerk
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