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HomeMy WebLinkAbout1981_01_07 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 7th DAY OF JANUARY 1981 IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. The Supervisor called the meeting to order at 8:15 P.M. Present were the following representing all members of the Board: Supervisor Leo Goldsmith, Jr. Councilman Lee H. Bloom Councilman Stewart J. McMillan Councilwoman Charlotte P. Monsell Councilman Thomas R. Amlicke Also present were the following: Dorothy S. Miller, Town Clerk James J. Johnston, Town Attorney Carmine A. DeLuca, Comptroller Charles. R. Elfreich, Town Engineer Joseph V. Santora, Acting Highway Superintendent PUBLIC HEARING: Proposed Local Law No. 1-1981 - Regulating the Pos- session and Consumption of Alcoholic Beverages in the Town of Mamaroneck On motion by Councilwoman Monsell, seconded by Councilman McMillan, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Clerk then presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. Councilwoman Monsell reviewed the text of the proposed law and Council- man Bloom clarified the restriction in unauthorized public places. Mr. and Mrs. Joseph Fiumara owners of 2445 Boston Post Road, wished to to on record as being in favor of the law. Since on one else wished to be heard relative to the law, on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the public hearing be and it hereby is declared closed. Thereupon, on motion by Councilwoman Monsell, seconded by Councilman McMillan, 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 consider the adoption of Local Law No. 1-1981 and has heard all persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby adopt Local Law No. 1-1981 entitled "Regulating the Possession and Consumption of Alcoholic Beverages in the Town -1- of Mamaroneck", and that such Local Law as so adopted and herewith inserted be made a part of the minutes of this meeting: Section 1. Title The Local Law shall be known and cited as Town of Mamaroneck Local Law No. 1 of 1981, Regulating the Possession and Consumption of Alco- holic Beverages in Public Places. Section 2. Legislative Intent The Town of Mamaroneck recognizes that consumption of alcoholic beverages in public places and transportation facilities must be ade- quately controlled so as to prevent public disorder, nuisances, litter- ' ing and other acts and conditions detrimental to the health, safety and welfare of the residents of the Town, and this Local Law is intended to provide such control and regulation. Section 3. Definitions As used herein, the following words shall have the meaning below set forth: 3.1 "Alcoholic beverages" shall mean and include all such bever- ages as defined in Section "3" 'of the Alcoholic Beverage Controll Law of the State of New York. 3.2 "Container" shall mean any bottle, can glass, cup or similar receptable suitable for, or used to hold any liquid. 3.3-I "Public Place" shall mean the following: III A. Any highway, street, sidewalk, park, playground, or school (public or private) . B. The parking lots of shopping centers, schools churches, or other religious institutions, and train station. C. Without limiting the generality of the foregoing, any other place to which the public or a substantial group of persons has access. 3.3-11 Not withstanding the foregoing, the following shall not be deemed public places for the purpose of this Local Law: A. Any public place or transportation facility wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law. B. The interior of the building premises of any Firehouse within the Town of the Mamaroneck. C. The interior of any premises of any business establish- ment within the Town of Mamaroneck. D. The interior of any building occupied for the use as a III Church, Synagogue, or other House of Worship. E. The parks and playgrounds of the Town of Mamaroneck during the times and in accordance with the rules and regulations prepared by the Superintendent of Recreation, approved by the Town Board and filed with the Town Clerk.th- e 3.4 "Transportation facility" means any conveyance, (other t ah n interior of a train) premises, or place used for in connection -2- with public or private passenger transportation, whether by railroad, motor vehicle or any other method. Section 4. No person shall consume or ingest any alcoholic beverage in any pub- lic place or transportation facility within the Town of Mamaroneck. Carrying on the person, holding or possessing any open can or container which contains an alcoholic beverage in a public place as herein above defined shall constitute prim-facie evidence of a violation of this section. Section 5. Any open-`hottle, can or container which contains an alcoholic bev- erage found in any vehicle in any such public place or transportation facility shall be prima-facie evidence that the same is in possession of all the occupants of said vehicle and in possession of the person last having control and custody of said vehicle. Section 6. The foregoing prohibition against drinking alcoholic beverages in public places and transportation facilities or possessing open bottles, cans or containers of such alcoholic beverage shall not apply nor be a violation of this Local Law in the event of a gathering which has been granted a special permit by the Town Clerk according to regulations ap- proved by the Town Board of the Town og Mamaroneck. Section 7. Penalties Any person upon conviction for violation of this Local Law shall be guilty of a violation as defined in Article 10, Section 10:00, subdivis 3 of the Penal Law, which shall be punishable as follows: For a first offense by payment of a fine not exceeding Twenty- Five ($25) Dollars. For a second or subsequent offense by payment of a fine not exceeding Two-Hundred and Fifty ($250) Dollars or by imprisonment for a term not to exceed Fifteen (15) Days, or by both such fine and imprisonment. Section 8. Saving Clause If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be in- valid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operations to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. This law shall become effective as prescribed by Law. and it was further RESOLVED, that the Town Clerk is hereby authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, Notice of the Adoption of the aforesaid Local Law and to post same on the Town Clerk's Bulletin Board as required by law. PUBLIC HEARING: Special Permit Application - Restaurant and Bar On motion by Councilman McMillan, seconded by Councilman Bloom, it was- - RESOLVED, that the public hearing be and it hereby is declared open. -3- The Clerk then presented the Affidavits of Publication and Posting of the Notice of Hearing for the record. Bernard Rosenshein owner of the property reviewed the application and pointed out along with his Architect specifics of the plans. He also introduced James DeFonce of Harrison, Operator of the proposed restau- rant who discussed with the Board his request to extend the weekend hours of operation. Supervisor Goldsmith questioned Mr. Rosenshein about the status of his negotiations with the School Board relative to his acquisition of the school property on which he has situated certain parking spaces. A great deal of discussion followed Mr. Rosenshein's explanation that he is continuing to negotiate with the School Board and that he does not anticipate any problems relative to a solution. Mr. Rosenshein further advised the Board that he does not have to reappear before the Zoning Board. Otto Scheuble of Rock Ridge Road asked the Board to delay the granting of approval of this application for safety reasons and thereupon, since no one else wished to address the Board on this matter, on motion by Councilman McMillan, seconded by Councilwoman Monsell, it was unanimously • RESOLVED, that the public hearing be and it hereby is declared closed. Thereupon, on motion by Councilman McMillan, who advised the Applicants that if any of the restrictions caused a hardship, they can come back be- fore the Board at a later day, seconded by Councilman Bloom, the follow- ing resolution was adopted by a majority vote of the Board with Council- woman Monsell abstaining from the vote due to a possible conflict of interest since the Applicant has been a client of her husband: WHEREAS, Bernard Rosenshein has submitted an application and accompanying plans so as to allow part of the premises located at 1262 Boston Post Road in the Town of-Mamaroneck, to be used for a restaurant and bar, said premises being known as Block 407 Parcal 192 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, the said application and plans are subject to a Special Permit pursuant to Article IX, Chapter 89 Section 49 of the Zoning Ordin- ance of the Town. of Mamaroneck; and WHEREAS, the application has been duly referred to the Planning Board for study and recommendation; and WHEREAS, a public hearing was duly called by this Board for this meeting pursuant to the aforesaid Section of the Zoning Ordinance; and WHEREAS, this Board has examined the plans, spec- ifications and application and finds the conditions and standards required by the Zoning Ordinance for Spicial Permits have been met; NOW, THEREFORE, BE IT RESOLVED, that pursuant to the recommendations of the Town of Mamaroneck Planning Board, the appli- cation of Bernard Rosenshein for a Special Permit -4- so as to allow a restaurant and bar business use at the building located at 1262 Boston Post Road, Town of Mamaroneck, is hereby granted and the Building Inspector of the Town of Mamaroneck is authorized to issue a Special Permit for said use as shown on the plans accompanying the application for the operation of a restaurant and bar business provided that the construction now underway conforms in all respects to the terms of the application and of the Special Permit, are in strict compliance with all Codes of the Town of Mamaroneck and also com- plies with the conditions set forth below: 1. that the applicant obtain a variance for the parking as required for a restaurant; 2. that the applicant obtain approval from the Westchester County Health Department for the location of the storage pad for rubbish and garbage containers for restaurant use; 3. that the Town Attorney approve the agreement between the Applicant and the School Board relative to the 13 parking spaces; 4. that the hours of operation be limited to from Noon to 12 midnight Sundays through Thursdays and from Noon to 1:00 A.N. on Fridays and Saturdays; 5. that there be no live music or dancing; 6. that the Applicant obtain the approval of the Fire Chief for fire protection, suppression and evacuation systems required to be installed in the restaurant; and it was further RESOLVED, that the within permission is granted upon condition that a Building Permit be obtained within a period of three (3) months from the date of the adoption of this resolution; that alter- ations 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 of issuance of the Permit. ORGANIZATION MATTERS Upon motion made by Councilman McMillan, seconded by Councilwoman Monsell, the following persons were unanimously appointed to one year terms of office to serve without additional salary for the year 1981: Clara Tracy as Deputy Town Clerk and Deputy Registrar. of Vital Statis- tics; Genevieve Soriano as Deputy Comptroller and Raymond Bingman as Deputy Receiver of Taxes. On motion by Councilman Bloom, seconded by Councilman Amlicke, Supervisor Leo Goldsmith, Jr. and Councilman Stewart J. McMillan were unanimously appointed as Trustees of the Police Pension and Comptroller Carmine A. DeLuca was unanimously appointed as the Treasurer of the Police Pension Fund. On motion by Councilman Bloom, seconded by Councilwoman Monsell, Frank Comblo, Philip Kuritzky, Ralph Condro and Dominick Faillace were unan- imously appointed as Civil Officers for the Town of Mamaroneck -5- During the same motion James J. Johnston was reaffirmed as the Town Attorney for the second half of his two year term. Thereafter, on motion by Councilman McMillan who spoke briefly on the ex- cellent qualifications of those persons recommended for reappointment, seconded by Councilwoman Monsell, the following resolution was adopted by a majority vote of the Board with Councilman Amlicke abstaining from the vote: RESOLVED, that Robert C. Barrett, Susan Amlicke, Orlando Ciraco and Mildred L. Warnecke be and they are reappointed as members of the Town of Mamaroneck Conservation Advisory Commission, to serve for a term of office of two years effective January 1, 1981 and terminating on December 31, 1983; and it was further RESOLVED, that Robert C. Barrett be and he hereby is appointed Chariman of the Commission. Thereupon, following the Supervisor's request that his appointment of a Part-time Executive Assistant and Confidential Secretary be approved, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Supervisor's appointment of Lavenia Brewer as part-time Executive Assistant and Confidential Secretary be and it hereby is approved. Upon motion by Councilman McMillan, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that regular meetings of this Town Board be held at 8:15 P.M. on the first and third Wednes- day of each month; except during the months of June, July, August and September, during which months meetings will be held only on the first Wednesday of each month in the Council Room or the Auditorium of the Weaver Street Firehouse; and it was further RESOLVED, that said meeting dates may be changed from time to time at the pleasure of the Board, upon adequate notice being given. Following the Supervisor's expression of appreciation for the coverage given to the Town Board during the past year, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that The Daily Times be and it hereby is designated as the official newspaper of the Town of Mamaroneck for the purpose of publishing legal notices during 1981. Thereafter, on motion by Councilman Amlicke, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that the following Banks and Trust Companies are hereby designated as depositories for the funds of the Town of Mamaroneck for the year 1981, to be continued in their present status: -6- The Bank of New York County Trust Region, Mamaroneck Barclays Bank of New York, Mamaroneck National Bank of Westchester, Larchmont Citibank, Mamaroneck and it was further RESOLVED, that all authority heretofore granted to withdraw funds from, and to draw checks, drafts s and other orders upon the Town of Mamaroneck accounts maintained at the aforesaid banks hereby is recinded and revoked and here- after such withdrawals, checks, drafts and other orders shall be authorized when signed by sig- nature or facsmile signature by Leo Goldsmith, Jr. , Supervisor, and Carmine A. DeLuca, Com- troller; or by Leo Goldsmith, Jr. , Supervisor and Genevieve F. Soriano, Deputy Comptroller. Pursuant to a brief discussion, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to execute the contract between the Westchester Shore Humane Society, Inc. and the Town of Mamaroneck for the year 1981 as provided in the 1981 budget and approved by the Town Attorney. On motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Supervisor and Town Clerk be and they hereby are authorized to execute the contract for the year 1981 between the Town of Mamaroneck, Village of Larchmont and the Larchmont Public Library as provided for in the 1981 budget. NEW BUSINESS 1. Salary Authorizations a) Recreation Pursuant to presentation of the Recreation Superintendent's memorandum, on motion by Councilman Amlicke, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board hereby authorizes that Richard Baumblatt, First Aid Attendant at the Hommocks_=Ice Rink be compensated at the rate of $3.00 per hour, effective January 2, 1981, re- placing Matthew DeRuzza. b) Highway Department Following Councilman Amlicke's explanation of Mr. Kraus' skills and on his motion, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes the promotion of Thomas Kraus to the position of -7- Auto Mechanic at the annual rate of $15,675. , effective as of January 1, 1981. c) Assessor's Office The Assessor's memorandum was presented and following clarifications by Councilman Bloom and the Comptroller about the additional person and the provisional appointment of Mrs. Coupe, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes that Eleanor D. Tuzzolino, Provisional Assistant Assessment Clerk in the Assessor's Office be compensated at the annual rate of $10,255. , effective January 1, 1981; and it was further RESOLVED, that this Board hereby authorizes that the provisional appointment of Joyce Coupe as Assistant Assessment Clerk be terminated ef- fective January 1, 1981 and that Mrs. Coupe be promoted provisionally effective January 1, 1981 to the position of Assessment Clerk at the annual rate of $14,885. , which constitutes no change in salary. 2. Authorization - Bank Signatures - Town of Mamaroneck Public Housing Agency Pursuant to the Comptroller's memorandum, on motion by Councilwoman Monsell, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes interfund transfer of monies for the Town of Mamaroneck Public Housing Agency checking and savings accounts with Barclays Bank of New York when signed by the signature or facsimile- sig- nature of any one of the following: Leo Goldsmith, Jr. , Supervisor Carmine A. DeLuca, Comptroller Elaine N. Samuels, Administrator, Rent Subsidy THE TOWN CLERK Regular Reports The Clerk presented the Report of the Town Clerk's Office for the month of Decemver 1980 and the Report of the Building and Plumbing Inspector for the month of December 1980 and the Third Quarterly Auditor's Report on the General Fund of the Westchester Joint Water Works. REPORTS - THE COUNCILMAN Councilman Amlicke reported on the successful paper recycling pickup during the holidays and noted that a total of 34 tons was picked up on December 24th, 29th and 31st. -8- Councilman Bloom asked that the reporter for the Daily Times give some publicity to the conservation of water. Supervisor Goldsmith followed up with an appeal for voluntary conservation of water and noted that the situation is much more serious than people realize. Councilman McMillan referred to the recent enactment by the Larchmont Village Board of Trustees of legislation relative to the selling of precious metals and suggested that this Town Board consider adopting a similar law and requested that the Town Attorney draft a proposed law. ADJOURNMENT - IN MEMORIAM - LEO ORSINO There being no further business to come before the Board, and following expressions of sympathy by individual Board members, on motion unan- imously made and seconded, this meeting was declared adjourned at 9:34 P.M. in respect to the memory of -- Leo Orsino with the following resolution spread upon the minutes of this meeting as a public tribute to the man who served this community in a dedicated manner: (see next page) BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1. Commissioner Bloom presented the fire claims for authorization of payment, and on his motion, seconded by Commissioner McMillan, 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: Brewer Hardware $ 38.27 Dri-Chem Extinguisher 10.00 Excelsior Garage 2,105.28 Franklin Cleaners 499.30 Office Essentials, Inca 59.31 Town of Mamaroneck Highway Fund 76.51 New York Telephone 25.17 New York Telephone 479.56 S & S Power Equipment 8.50 Deputy Richard Shaw 15.68 West. Jt. Water Works 54.81 $3,372.39 There being no reports or other business to come before the Commission, therefore on motion duly made and seconded, the meeting was declared adjourned at 9:37 P.M. Town Clerk -9- IN MEMORIAM WHEREAS, Leo N. Orsino, a life-long resident of Larchmont and Mamaroneck, died on December 24th, 1980, and WHEREAS, Mr. Orsino served the Town for thirty-eight years as its Comptroller, Deputy Receiver to Taxes, and then as the Receiver of Taxes from 1960 until he retired on the 30th of June, 1973, and WHEREAS, the extraordinary quality and integrity of his work and his dedication to the Town were recog- nized and appreciated by those with whom he served as well as by all who endorsed and elected him to his position of public trust, NOW, THEREFORE, BE IT RESOLVED, that this Council, our former elected and appointed officials, the staff, and all of the residents of the entire Town whom he served with such deep devo- tion pay homage to a fine public official and a true gentleman, and be it further RESOLVED, that we convey this expression of our deep sense of loss and grief to Mrs. Orsino and the other members of his family with our heart-felt sympathy, and be it further RESOLVED, that this resolution be entered upon the minutes of this meeting in public and permanent tribute to -- LEO N. ORSINO and that this meeting, convened in regular session this 7th day of February 1981, stands adjourned in honor of and in respect to his memory. Leo Goldsmith, Jr. Supervisor For the Town Council Dated: FIkruary the 7th, 1981