HomeMy WebLinkAbout1980_08_06 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF
THE TOWN BOARD OF THE TOWN OF
MAMARONECK, HELD ON THE 6TH DAY
OF AUGUST 1980 IN THE AUDITORIUM
OF THE WEAVER STREET FIREHOUSE,
TOWN OF MAMARONECK.
Present were the following representing all members of the Board:
Supervisor Leo Goldsmith, Jr.
Councilman Lee H. Bloom
Councilman Steward J. McMillan
Councilwoman Charlotte P. Monsell
Councilman Thomas R. Amlicke
PUBLIC HEARING: Special Permit Application - Auto Repair Garage
On motion by Councilwoman Monsell, seconded by Councilman Amlicke,
it was unanimously
RESOLVED, that the public hearing
concerning the special permit application
of Pawel Rafalski be, and it hereby is,
declared open.
The Clerk then presented for the record the Affidavits of Publication
Illand Posting of the Notice of Hearing.
A brief discussion ensued during which George Forbes, Attorney for
the Applicant reviewed the memorandum in support of the application.
Since no one else wished to be heard on the application, on motion
by Councilman Bloom, seconded by Councilwoman Monsell, it was
unanimously
RESOLVED, that the public hearing be,
and it hereby is, declared closed.
Thereupon, on motion by Councilman. Bloom, seconded by Councilman
McMillan, the following resolution was adopted:
WHEREAS, Pawel Rafalski, Contract Vendee
has submitted an application and
accompanying plans for the construction
of a one-story automotive service
building for the service and mechanical
repair of automobiles and the use of
the said premises for such purposes
• on property located at 20 Valley Place
,,.._and known as Block 131 Parcel 33 on the
Assessment Map of the Town of Mamaroncek;
and
WHEREAS, the said application and plans
are subject to a Special Permit pursuant
to Article IX, Chapter 89, Sections 48 -
52 of the Zoning Ordinance of the Town
of Mamaroneck; and
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WHEREAS, the application has been duly
referred to the Planning Board for
study and recommendations; and
WHEREAS, the Planning Board has
recommended approval of the
application; and
WHEREAS, a public hearing was duly
called by this Board for this meeting
pursuant to the aforesaid Sections of
the Zoning Ordinance; and
WHEREAS, this Board has examined the
plans, specifications and application
and finds that the conditions and
standards required by the Zoning
Ordinance for Special Permits have
been met;
NOW, THEREFORE BT IT
RESOLVED, that pursuant to the recommendation
of the Town of Mamaroneck Planning Board,
the application of Pawel Rafalski, Contract
Vendee for a Special Permit for the
construction of a one-story automotive
service building for the service and
mechanical repair of automobiles, is
hereby granted so that upon completion of
the construction, the premises may be used
for the foregoing purposes, and the Building
Inspector is authorized to issue a Special
Permit for the construction as shown on the
plans accompanying the application,
provided that the proposed construction
conforms in all respects to the terms of
the application and of the Special Permit;
and it was further
RESOLVED, that the within permission is granted
upon the condition that a Building Permit
be obtained within a period of three (3)
months from the date of the adoption of this
resolution; that construction be started
within a period of six (6) months from
the date of the issuance of said Building
Permit, and completed within a period of
one (1) year from the date is issuance of
the permit.
OLD BUSINESS
1. Comptroller's Request - Authorization to Bond - Purchase of Dump
Trucks
Pursuant to the Comptroller's request, on motion by Councilman
McMillan, seconded by Councilman Amlicke, it was unanimously
RESOLVED, that the Comptroller be, and
he hereby is, authorized to take steps
necessary to obtain from the Bonding
Attorney those papers which must be
executed in order to bond the purchase of
three dump trucks at an amount not to
exceed $100,400.00.
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2. Authorization - Supervisor to Sign Urban County VI Cooperation
Agreement
Following some discussion relative to the Town's continuing
participation in Urban County, on motion by Councilman McMillan,
seconded by Councilwoman Monsell, it was unanimously
RESOLVED, that the Supervisor be,
and he hereby is, authorized to
executive the Year VI Cooperation
Agreement with the County of
Westchester for the purpose of under-
taking a Community Development program
pursuant to the Housing and Community
Development Act of 1977.
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3. Discussion - Parcel C
The Supervisor opened the discussion on the above-noted subject by
stating that the purpose tonight was to deal with the question of
how to obtain for the Town the best possible price, taking into
consideration the benefits that would accrue to the Town as a result
of the proper use of the property.
After much discussion and after the Board recessed for Executive
Session, upon reconvening, on motion by Councilman Bloom, seconded
by Councilman McMillan, it was unanimously
RESOLVED, that the Town be, and he
hereby is, authorized to begin
negotiation with George Forbes, the
Attorney for Irving Feder, looking
toward the following:
a) a contract by which the Town
would sell to Irving Feder the
property described on Schedule
A annexed hereto for the sum
of $850,000.00;
b) obtaining of a commitment in
binding form that a certain
portion of the property being
acquired by Irving Feder from
Mr. Guadagnolo would remain
open land maintained in a manner
satisfactory to the Town and
would thus remain in perpetuity
and the two parcels would be
developed together;
c) that there would be an agreement
by the terms of which, if the
• land were sold before the
proposed apartment structures
are built, there would be paid
to the 'Town, the difference the
amound paid to the Town by
Mr. Feder and the sale price;
and
d) that the Town's commitment would
be subject to the Town's being
satisfied with the appraised
value of Parcel C.
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At this time the Supervisor changed the order of the agenda and
took up Item #9 under NEW BUSINESS
NEW BUSINESS
9. Authorization - Performance Bond-Marbourne Meadows Subdivision
Judge Albert F. Campbell addressed the Board relative to the above-
"' matter and during the discussion that followed Mr. Johnston,
the Town Attorney and Mr. Elfreich, Town Engineer, made some
clarifications. It was noted that in order for the owners,
Westchester Heights Corporation to proceed with construction, the
necessary posting of performance bonds must be accomplished, and
thereupon, on motion by Councilman Bloom, seconded by Councilwoman
Monsell, it was unanimously
RESOLVED, that this Board hereby
determines that the amounts of the
performance bonds for construction
in the Marbourne Meadows Subdivision,
as recommended by the Town Engineer,
be set as follows: Section 1
$548,517.00 and Section II $446,799.00;
and it was further
RESOLVED, that the aforementioned is
subject to the Town Attorney's
approval of the bonding company and
their compliance with all the
requirements of law.
NEW BUSINESS (continued)
1. Salary Authorization - Recreation
Some discussion followed presentation of the Recreation Superintendent's
memorandum in which Councilman Amlicke noted that the Recreation
Commission did not discuss the requested changes, and on motion by
Councilman Bloom, seconded by Councilman Amlicke, it was unanimously
so ordered that the request for change from annual_ salary to an
hourly rate for the Pool Directors and the request for payment of
salary to a substitute pool director be referred to the Recreation
Commission.
2. Comptroller's Request - Authorization to Execute Agreement to
Senior Community Services Project
Pursuant to presentation of Mr. DeLuca's memorandum, on motion by
Councilman McMillan, seconded by Councilwoman Monsell, it was
unanimously
RESOLVED, that the Comptroller be,
and he hereby is, authorized to sign
the Agreement between the Town of
Mamaroneck and the County of
Westchester for the Senior Community
Services Project to be effective on
July 1, 1980 and terminate on June
30, 1981.
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3. Authorization to Collect 1980 School Taxes
Pursuant to the request by the Comptroller's Office, on motion by
Councilwoman Monsell, seconded by Councilman Amlicke, the following
resolution was unanimously adopted:
RESOLVED, that the Town Board of the
Town of Mamaroneck, in accordance with
III Section 550a of the Westchester County
Tax Act, being Article 16 of the
Westchester County Administrative
Code as amended by Chapter 386 of the
Laws of 1962, does hereby authorize
IIIthe Comptroller of the Town of
Mamaroneck to accept from any taxpayer
two partial payments in equal installments
for or on account of school taxes and
apply such payments on account thereof,
and that he shall accept payment of
said school taxes in full at the
discretion of the taxpayer, or as
stated in two partial payments, with
the first installment being due and
payable in the month of September and
the second being due and payable in the
month of January following, provided
that no installment may be paid unless
the first installment of current school
taxes, including interest and penalty,
shall have been paid or is paid at
the same time. If the second partial
payment is received during the month
of January, no interest or penalty
III shall be charged against the second
partial payment;
and it is further
RESOLVED, that as provided in said
statute, unless the first partial
payment is received during the month
of September and the second partial
payment is received during the month
of January, the penalty provided for
payment of school taxes as set forth
in Section 543 shall be applicable as
follows:
First Installment
September No Penalty
October 2%
November 5%
December & January 7%
February & March 10%
S April & Thereafter
up to date of sale 12%
III Second Installment
January No Penalty
February & March 10%
April to date of
Sale 12%
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and be it further
RESOLVED, that the first installment
shall be due and payable and become a
lien on the taxable property of the
school district on September 1st, 1980
and the second installment on January
1st, 1981;
and be it further
RESOLVED, that the Town Clerk, the
Comptroller and the Assessor shall
prepare a suitable form of tax receipt,
to be presented at the expense of the
Town;
and be it further
RESOLVED, that pursuant to Section 551
of Chapter 386 of the Laws of 1962, a
statement concerning the tax information
be printed, and the Comptroller shall
mail with each receipt for taxes a
printed copy of such statement;
and be it further
RESOLVED, that this resolution shall take
effect immediately.
4. Approval of Polling Places and Authorization of Publication of
Notices for Primary, Registration and General Elections
Pursuant to the Town Clerk's requests for designation of the 1980
Polling Places an authorization for the publication of said notices,
on motion by Councilman McMillan, seconded by Councilwoman Monsell,
it was unanimously
RESOLVED, that in accordance with the
provisions of Section 76 and Section
354 of the Election Law, this Board
hereby designates a place for each
Election District in the Town as
shown on the list hereto annexed
and authorizes the publication in
the official newspaper of the Town
of Mamaroneck, The Daily Times, a
Notice listing the places for
Primary, Local Registration and
General Election, briefly describing
each district.
1980 CONSOLIDATED REGISTRATION PLACE
TOWN OF MAMARONECK
MAMARONECK VILLAGE HALL: Districts 1,2,3,4,5,17,22,23,27
Court Room -- Mt. Pleasant & Prospect Avenues, Mamaroneck
LARCHMONT VILLAGE HALL: Districts 6,7,8,9,10,26
Court Room -- Larchmont Avenue, Larchmont
WEAVER STREET FIREHOUSE: Districts 11,12,13,14,15,16,18,19,20,
21,24,25
Weaver Street & Edgewood Avenue, Larchmont
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5. Application for Special Permit - Lux Car Care Ltd..-Proposed
Additions
An Application for a Special Permit for the construction of an
addition to the above-noted was submitted to the Board. Said
application included the plans and specifications as well as a
memorandum addressed to the Board by the Building Inspector, William
Paonessa and upon motion by Councilwoman Monsell, seconded by
Councilman Amlicke, it was unanimously
RESOLVED, that the Special Permit
Application submitted for the
construction of an addition to the
• existing car wash building at 2434
Boston Post Road, is hereby referred
to the Planning Board for its study
and recommendation and report back to
the Town Board.
6. Acceptance - Conservation Advisory Commission's 1979 Annual Report
The above-captioned report was presented and on motion by Councilman
Amlicke, seconded by Councilwoman Monsell, 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
1979 with a vote of thanks and
appreciation to the Chairman and
all members of the Commission.
7. Authorization - Increase in Water Rates
Supervisor Goldsmith presented the recommendation of the Westchester
Joint Water Works for a 5% rate increase and noted there had been no
increase since 1975. Thereupon, on motion by Councilwoman Monsell,
seconded by Councilman Bloom, it was unanimously
RESOLVED, that in accordance with the
recommendation of the Manager of the
Westchester Joint Water Works, this
Board hereby authorizes a 5% increase
in water rates in the Unincorporated
Area of the Town of Mamaroneck to be
effective September 1, 1980.
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8. Appointment - Board of Police Commissioners
Councilman McMillan called to the Board's attention the vacancy on
the Board of Police Commissioners and reviewed the qualifications
of Allen L. Thompson and with pleasure, proposed his name to fill
said vacancy. Thereupon. on his motion, seconded by Councilman
Amlicke, it was unanimously
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RESOLVED, that this Board hereby
appoints Mr. Allen L. Thompson,
9 Althea Lane, Town, as a member
of the Board of Police Commissioners
of the Town of Mamaroneck, effective
immediately and to serve at the
pleasure of the Board.
IIIItem #9 was taken up earlier in the meeting.
COMMUNICATIONS
1. Letter, Kalman Fagan
Following presentation of the above-captioned communication, Mr.
Fagan addressed the Board regarding his disagreement with the
Building Inspector on interpretation of the Town Code. A great
deal of discussion ensued during which clarifications were made
and the Town Attorney upheld Mr. Paonessa's interpretation of
the law relative to Mr. Fagan's display of goods on the sidewalk
outside his store.
NOT ON AGENDA - Ordinance re Helicopters
Supervisor Goldsmith commenced a discussion in which he asked that
IIIthe Town Attorney draft an ordinance regarding the matter of
hovering or landing of helicopters in the Town of Mamaroneck for
this Board's consideration. Thereupon, on motion duly made and
seconded, the Town Attorney was ordered to draft such an ordinance.
2. Engineer's Memorandum re Smoke Testing of Sanitary Sewers
Mr. Elfreich clarified his memorandum and noted that it was submitted
to the Board for informational purposes.
THE TOWN CLERK
Regular Reports
The Town Clerk presented the Report of the Town Clerk's Office for
the month of July 1980 and the Report of the Building and Plumbing
• Inspector for the month of July 1980.
III THE SUPERVISOR
Proclamation - Muscular Dystrophy
On motion by Councilman Bloom, seconded by Councilman Amlicke, the
Supervisor was authorized to issue the proclamation which is annexed
hereto.
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P R O C L A M A T I O N
WHEREAS, muscular dystrophy is a disabling disease
that holds over a million Americans in
a state of partial or total immobility,
often severly restricting their everyday
activities and tragically shortening their
lives; and
WHEREAS, muscular dystrophy has no cure, but the
Muscular Dystrophy Association, Inc.
through its many patient and community
services, helps thousands of those afflicted
to lead more normal and effective lives; and
WHEREAS, medical research sponsored by MDA has led to
important new insights into neuro-muscular
processes that raise great hope for future
breakthroughs against the disease; and
WHEREAS, Labor Day Weekend is the time for MDA's
biggest appeal of the year, highlighted by
the broadcast of the annual Jerry Lewis Labor
Day Telethon;
NOW, THEREFORE,
I, Leo Goldsmith, Jr. , Supervisor do proclaim
Friday, August 29 to Monday, September 1, 1980
MUSCULAR DYSTROPHY ASSOCIATION, INC, WEEKEND
in the Town of Mamaroneck, and request all of
our residents to contribute whatever they can
to this most worthy cause.
Leo Goldsmith, Jr.
• Supervisor
For the Town Council
Dated: August the 6th, 1980.
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REPORTS OF THE COUNCILMEN AND COUNCILWOMAN
Councilwoman Monsell informed the Board of her desire to form a
committee to study the Weaver Street sidewalk issue and following
some discussion, it was noted that the matter should be discussed
by the Supervisor with the Traffic Commission.
NOT ON AGENDA - Tax Exemption for Seniors
Councilwoman Monsell advised the Board of the State's passage of
a bill which increased the income eligibility of senior citizens
for tax exemption to $9,200.and requested that this Board set a
date for a special meeting for a public hearing so the exemption
could be effective this year. Following a great deal of
discussion, on motion by Councilman McMillan, seconded by Councilman
Bloom, it was unanimously
RESOLVED, that a public hearing will be
held by this Board at its next regular
meeting on September 3, 1980 to consider
the adoption of a resolution enabling the
Town of Mamaroneck to provide for a partial
exemption from Town taxes of real property
owned by certain persons sixty-five years
or over;
and be it further
RESOLVED, that the Town Clerk be, and she
hereby is, authorized to publish in the
official newspaper, The Daily Times, the
Notice of said hearing as required by law.
NOT ON AGENDA - Mr. Amlicke
Councilman Amlicke reported that the Friends of the Larchmont
Reservoir have entered into a lease with Larchmont Village for the
rental of the house on the Reservoir property. He further advised
that the rental commencing August 1st covers mainly taxes, insurance
costs and upkeep with a month-to-month tenancy and recommended that
the balance of the taxes not previously abated, now be abated so
that the rental can be reduced to a minimal amount and upon his
motion, seconded by Councilwoman Monsell, it was unanimously
RESOLVED, that this Board hereby
authorizes that the taxes on the
residence on the Reservoir property
be abated conditioned upon the
appropriate reduction in the rent.
Councilman Amlicke further reported that the Recreation Commission
has decided to rotate its Chairmanship on a yearly basis and that
Nancy Hartford is the new Chairman.
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NOT ON AGENDA - Mr. McMillan
Councilman McMillan presented the contract between the Town and
the Civil Service Employees Association and noted that agreement
has been reached on a three-year pact, and on his motion, seconded
by Councilwoman Monsell, it was unanimously
RESOLVED, that the Supervisor be, and
he hereby is, authorized to sign the
contract between the Town and Civil
Service Employees Association.
Mr. McMillan further reported that the contract between the three
local municipalities and UA Columbia Cablevision is nearing completion
and it is expected to be executed sometime in September.
NOT ON AGENDA - The Town Attorney
Mr. Johnston advised the Board of the structural weaknesses cited
by the Building Inspector at 1-3 Dillon Road and requested author-
ization to commence legal proceedings, and thereupon on motion by
Councilman McMillan, seconded by Councilwoman Monsell, it was
unanimously
RESOLVED, that the Town Attorney be,
and he hereby is authorized to commence
legal proceedings against the owners
of 1-3 Dillon Road for violations of
the Building Code as cited by the
Building Inspector, William Paonessa.
NOT ON AGENDA
Town Engineer, Charles Elfreich, presented his informational memorandum
and noted that the cleaning of the storm drain on Sherwood Drive and
Van Guilder Street has been completed and that the remaining work
will be done on schedule.
Mr. Elfreich also gave a detailed report relative to flood control
during the storm of July 29th and his activities during that time
relative to the level of the reservoir.
' Mr. Elfreich presented to the Board a County Municipal Agreement
• relative to the New York State Transportation Bond Act through which
an application for resurfacing Rockinstone Avenue (from Forest Avenue
to Mountain Avenue) has been submitted and approved. Thereupon, on
motion by Councilwoman Monsell, seconded by Councilman Bloom, it
was unanimously
RESOLVED, that this Board hereby
authorizes the Supervisor to execute,
on behalf of the Town of Mamaroneck,
the County-Municipal Agreement for
State Assistance for Local Street or
Highway Projects with the County of
Westchester, relative to the
Transportation Bond Act.
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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 adjourned at
11:54 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
Commissioner Bloom presented 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 Fire
Department claims as approved by the Fire
Chief and audited by the Comptroller's
Office:
B & C Smith $ 144.75
Con Edison 2.00
Con Edison 20.79
Con Edison 19.29
Dri-Chem Extinguisher 115.75
Excelsior Garage & Machine 727.24
Exterminating Services 12.87
Exxon Company, USA 410.40
Vic Ferretti 55.00
Franklin Cleaners 358.15
GDS Painting, Inc. 3,475.00
Fire Chiefs Emerg. Plan 75.00
Larchmont Hardware 10.88
The Larchmont Print 18.00
New Rochelle Water Co. 86.37
New York Telephone Co. (June) 23.97
New York Telephone Co. (June) 527.35
New York Telephone Co. (July) 23.97
New York Telephone Co. (July) 527.22
Portronix Communications 288.00
Dep. Chief Richard Shaw 14.73
Dep. Chief Richard Shaw 447.29
Signacon Controls, Inc. 52.50
Chief Richard Tortorella 392.05
Uniform Rental Inc. 22.00
Uniform Rental Inc. 22.00
Uniform Rental Inc. 22.00
Uniform Rental Inc. 22.00
Uniform Rental Inc. 22.00
• Village Paint Supply Inc. 94.23
Village of Scarsdale Water
Dept. 308.00
West. Joint Water Works 51.57
Con Edison 3.00
$8,395.37
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2. Other Business
Commissioner Bloom presented the Fire Reports for the months of
May and June 1980.
Commissioner Bloom presented the letter from the Fire Chief in
which the Fire Council's recommendation for the appointment of a
paid firefighter was enumerated and, on Commissioner Bloom's motion,
seconded by Commissioner Amlicke's motion, it was unanimously
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RESOLVED, that this Board hereby
authorizes that James W. Reynolds,
Firefighter, be compensated at the
rate of $17,685.00 per annun effective
August 15, 1980.
ADJOURNMENT
there being no further business to come before the Board, on motion
duly made and seconded, this meeting was declared adjourned at 12:00
midnight.
IIITown Clerk
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III
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