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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. -1- 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. -2- - I . 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 -3- 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 • 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) -4- 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 . -5- 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 —6- 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. I 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 -7- 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. -8- 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 -9- 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. -10- 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 • 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 -11-