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HomeMy WebLinkAbout1981_05_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 MAY 1981 IN IN THE COUNCIL ROOM 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 P.T. Leddy, Conservation Director Joseph V. Santoro, Acting Highway Superintendent APPROVAL OF MINUTES The minutes of the regular meeting of April 1, 1981 were presented and on motion by Councilman Amlicke, seconded by Councilwoman Monsell, unanimously approved as amended. The minutes of the regular meeting of April 15, 1981 were presented and on motion by Councilwoman Monsell, seconded by Councilman McMillan, unanimously approved as amended. Councilman Amlicke abstained from voting since he was not in attendance at that meeting. NOT ON AGENDA Supervisor Goldsmith made reference to a letter received from Gerald S. Page who requested that the minutes reflect that he did not participate in the Manager Study Committee's report even though his name was added to the report. Mr. Goldsmith also noted that he learned from Mr. Miralia, who chaired the Committee, that it had been assumed that Mr. Page was in accord with the rest of the group. III OLD BUSINESS 111 1. Authorization to Sign Feder Contract Supervisor Goldsmith stated that since the Board had approved the sale of Town-owned land at the April 1st meeting; that the adoption of the resolution approving said sale had been duly published and -1- that only one more day remained in the 30-day period in which petition for a permissive referendum could be filed; he therefore was asking this Board to authorize him to sign the contract provided no petition is received by the close of business on Thursday, May 7th. Thereupon, following Councilman Bloom's recommendation that the contract be made a part of the minutes of this meeting, on motion by Councilman McMillan, seconded by Councilman Amlicke, it was unanimously III RESOLVED, that the supervisor be, and he hereby is, authorized and directed to sign the contract between the Town of Mamaroneck and Garfield Housing • Corp. , for the sale of Town-owned land described in the resolution approving said sale and adopted by this Board at its regular meeting of April 1, 1981; provided no petition is filed for a permissive referendum by the close of , business, May 7, 1981. 2. Request - Village of Larchmont re Reservoir Property Taxes The Clerk read two resolutions adopted in May and August of 1980 and the Supervisor presented a letter from the Larchmont Village Attorney requesting that the reservoir property taxes be exempted for the 1981-82 tax year. A great deal of discussion followed relative to the rental status of the residence on the property and the Town Attorney clarified that according to N.Y.S. Real Property Tax Law, a town cannot abate taxes on property if rent is being paid. Since there were differing opinions regarding the rental III status of the house, Councilman Bloom recommended that any decision on the residence portion of the property be deferred until all relevant facts can be gathered and thereupon, on motion by Councilman Amlicke, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes that Town taxes on property owned by the Village of Larchmont and commonly referred to as the "Reservoir Property" be partially abated for 1982 provided that the abatement granted is not applied to the parcel upon which a private residence is located. 3. Engineer's Report re Petition for Sewer Extention - Old White Plains road Town Engineer Charles Elfreich reported to the Board that he recommended approval of the request by certain residents on Old White Plains Road. Town Attorney James Johnston informed the • Board that the petition referred to is unacceptable and that he had advised that they obtain the services of an attorney. It was concluded that no further action be taken by this Board until such time as an acceptable petition is presented. III -2- NEW BUSINESS 1. Engineer's Report - Highway Garage Roof The Town Engineer elaborated on the problems of the highway garage roof and noted that he would be ready at the next meeting to present to the Board prices for a new pitched roof and would also be ready to request authorization to advertise for bids. During the discussion that followed, the question of any alternatives other than the very expensive replacement of the entire roof was brought up and Mr. Elfreich was asked to present the Board with specific figures. • 2. Engineer's Request - Approval of Amount of Performance Bond- Stopford Property Mr. Elfreich presented the above-noted request of Magnetti Enterprises and James Nolletti, Attorney for Mr. Magnetti requested an alternative to the usual bonding procedure. A great deal of discussion followed during which several alternative methods were considered. Councilman Bloom moved the adoption of a resolution that would provide for security for performance in a manner satisfactory to the Town Attorney, but that motion was not carried due to the lack of a second. Thereupon, on motion by Councilman McMillan, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board hereby determines that the amount of the performance bond for construction on the Stopford Property, as recommended by the Town Engineer, be in the amount of $7,900.00; 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. 3. Salary Authorizations - Recreation Pursuant to Mr. Kronenberger's memorandum, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board authorizes payment to the following persons at the rates and effective dates listed below: David Katz, Rec. Attd. , Memorial Park Tennis Courts, $2.50/ hour, effective 4/1/81; David A. Katz, Rec. Attd. , Memorial Park Tennis Courts, • $2.50/hour, effective 4/1/81; Dennis Ahearne, Sr. Rec. Leader, Spring Vacation Program, $300.00 total; Michael Chiaparelli, Sr. Rec. Leader, Spring Vacation Program, $300.00 total; -3- Gail Crowley, Sr. Rec. Leader, Spring Vacation Program, $300.00 total; Wayne Pollack, Sr. Rec. Leader, Spring Vacation Program, $300.00 total; Susanne Rutledge, Sr. Rec. Leader, Spring Vacation Program, $300.00 total; Ford Winter, Sr. Rec. Leader, Spring Vacation Program, $300.00 total; • Susan Epstein, Rec. Asst. , Spring Vacation Program, $4.00 per hour; Denise Haviland, Rec. Asst. , Spring Vacation Program, $4.00 per hour; Maureen Quinlan, Rec. Asst. , Spring Vacation Program, $4.00 per hour. Following presentation of Mr. Kronenberger's memorandum, on motion by Councilwoman Monsell, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board authorizes payment to the following persons at the rates and effective dates listed below: Richard Gill, Rec. Attd. , Hommocks Tennis Courts, $2.50/ hour, effective 5/2/81; Nick Paine, Rec. Attd. , Hommocks Tennis Courts, $2.50/ hour, effective 5/2/81; Brad Reilly, Rec. Attd. , Hommocks Tennis Courts, $2.50/ hour, effective 5/2/81; Peter Tracey, Rec. Attd. , Hommocks Pool, $2.25/hour, effective 4/10/81, replacing Kevin Kelleher. Pursuant to Mr. Kronenberger's memorandum and on motion by Councilman Amlicke, seconded by Councilman McMillan, it was unanimously Resolved, that this Board hereby authorizes that Mrs. Vivian Lawrence, • who will temporarily replace Mrs. Mary Ellen Faulkner when Mrs. Faulkner is on maternity leave, be compensated at the rate of $12,805.00 per annum effective May 1, 1981. -4- 4. Authorization - Attendance at N.Y.S. Association of Towns School for Highway Superintendents Supervisor Goldsmith presented Mr. Santoro's request and on motion by Councilman Amlicke, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board hereby authorizes that expenses in the amount of $350.00 be paid for Joseph Santoro's attendance at the N.Y.S. Association of Towns School for Highway Superin- tendents at Cornell University, Ithaca • to be held from June 7 to June 10, 1981. 5. Authorization - Agreement re Control of Snow and Ice on State Highways Pursuant to the communication and its enclosures addressed to the Town Clerk, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that the Supervisor be, and he hereby is, authorized to sign the Agreement with the County of Westchester for the removal of snow and ice on certain designated State Roads within the Unincorporated Area of the Town of Mamaroneck at a reimbursement rate not to exceed $4,000.00 for one year. 6. Authorization - Assessor's Attendance at State Board of Equalization and Assessment Hearing in Albany. The Supervisor presented Mr. Derderian's memorandum and recommended that authorization be given for the signing of the Complaint form and also for Mr. Derderian's attendance at the hearing in Albany. Thereupon, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes that the Supervisor sign the necessary Complaint form and that George Derderian, Assessor, be and he hereby is, authorized to appear at the State Board of Equalization and Assess- ment Hearing in Albany on May 12, 1981 on behalf of the Town of Mamaroneck to appeal the tentative equalization rate of 21.70 for the year 1980. • THE TOWN CLERK The Clerk presented the Report of the Town Clerk's Office for the month of April 1981 and the Report of the Building and Plumbing Inspector for the month of April 1981. -5- COMMUNICATIONS Letter, Paul F. Beaver re Rafalski Request for Postal Service Change. The Clerk acknowledged receipt of the above-noted letter advising of the approval of the requested change of postal service and the Supervisor noted that he had already written to Mr. Beaver and Mr. Rafalski. • THE SUPERVISOR Proclamation - Boy Scout Week The Supervisor presented the aforementioned proclamation and on motion by Councilman Bloom, seconded by Councilman Amlicke, the Supervisor was unanimously authorized to issue the proclamation annexed hereto. Mr. Goldsmith noted that certain scouts will spend time in the offices of various Town officials during that week and spoke of the visit to his office by students from the Hommocks School. P R O C L A M A T I O N WHEREAS, the Boy Scouts of America have set aside one particular week for the observance and commemoration of its founding; and WHEREAS, our Town is thoroughly aware of the contri- bution the. Scouts have made to the betterment of our Community through participation in the many and varied programs conducted by their organization; NOW, THEREFORE, I, Leo Goldsmith, Jr. , Supervisor of the Town of Mamaroneck, do hereby proclaim the week of May 18th - May 25th, 1981 BOY SCOUT WEEK in the Town of Mamaroneck, and I urge all of our residents to participate in and be a part of the activities and events that will take place during that week. • Leo Goldsmith, Jr. Supervisor for the Town Council Dated: May the sixth, 1981. -6- NOT ON AGENDA THE TOWN ATTORNEY 1. Request to Settle Certiorari Pursuant to Mr. Johnston's request and in accordance with the Assessor's and his recommendation, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Town Attorney be, and he hereby is, authorized to enter into stipulation to dispose of the certiorari proceeding - F.H.I. Corporation - 304-320 Fenimore Road. 2. Request - Adopt Resolution re Handicapped Persons & Condominium or Co-op Conversion Mr. Johnston recommended to the Board that a resolution be adopted enabling this Community to protect handicapped persons when their apartment is to be converted to a co-op or condominium and following a brief discussion, on motion by Councilwoman Monsell, seconded by Councilman Bloom and carried unanimously, the following resolution was adopted, to-wit: WHEREAS, the State Legislature has enacted and the Governor has signed into law Section 352-eee of the General Business Law which established certain provisions with regard to the conversion of multiple residences into condominiums and cooperatives; and WHEREAS, said legislation authorizes the Town Board to adopt a resolution thereby making the provisions of said law applicable in the Town of Mamaroneck; and WHEREAS, the Town Board of the Town of Mamaroneck adopted such a resolution at a regular meeting of the Board on October 18, 1978; NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby elects that provisions of Section 352-eee of the General Business Law, and the amendments thereto set forth in Chapter 135 Laws of 1979, and Chapter 754 Laws of 1980 become applicable within the Town of Mamaroneck; and it is further RESOLVED, that the Town Board directs the Town Clerk to file a certified copy of this resolution with the Office of the Attorney General of the State of New York in Albany. -7- THE COUNCILMEN Mr. Bloom 1. Apportionment Councilman Bloom submitted to the Board a report with respect to an apportionment, as annexed hereto, and on his motion, seconded by Councilwoman Monsell, it was unanimously III RESOLVED, that the recommendation by the Assessor's Office in the form annexed hereto be, and it hereby is, in all respects approved relative to the property IIIlocated on Palmer Avenue in Larchmont Village. • REPORT OF TAX DEPARTMENT ----- -- Apportionment in accordance with Paragraph "Fifth", Section 557 of the Westchester County Administrative Code (Chapter 852 of the Laws of 1948 as amended) requested on property carried on the Assessment Roll of 1980-81 . taxes of * 1981 - (School Only) • . Taxes REASON: Deed dated September 15, 1980 Liber 7659 Page 393 _ DEPARTMEN AL RECOMMENDATION: • That the property carried on the Assessment. Roll of 1980-1981. taxes of 1981 - School Taxes Only • AS FOLLOWS: IIIBLOCK PARCEL OWNER LAND IMPROVE TOTAL 601 486 Daitch Crystal $70,000 ---- $70.-,000 Dairies • • • BE APPORTIONED AS FOLLOWS: . BLOCK PARCEL OWNER LAND IMPROVE TOTAL 601 486.1 Daitch Crystal $52,000 $52,000 . Dairies 601 486.2 Theodore Levy $18,000 $18,000 . 41101 ASSESSOR. ACTION OF THE TOWN BOARD: Dated: 6/�� At a meeting of the Town Board held the f d going petition was � -� g g o P . (Gra ted or Rejected) -CERTIFIED FROM THE MINUTES • -8- r--- A 4 , i a. TOWN CLERK 2. Not on Agenda - Government Surplus Items Councilman Bloom made reference to a recent article in the TOPICS pamphlet relative to the availability of government surplus items and suggested this be looked into before the purchase of any items that might be acquired through the surplus program. The Clerk related the experienced the Town has had with the program in acquiring typewriters. • NOT ON AGENDA Mrs. Shultz questioned the present condition of the Hommocks Field and the situation was clarified by Mr. Elfreich, Town Engineer. Mr. Gasparini asked about the status of the amusement devices law and he was advised that the matter was still being studied by the Board members who have not come to a concensus on certain wording of the law. Mrs. Wolf spoke of the Manager Study Report and urged the Board to set a date for a public hearing before summer vacation time. Mr. Bloom stated that the feelings of the Village officials was very dismaying and urged that they work with the Town officials on this matter. Supervisor Goldsmith noted that the hearing would be held before the summer vacation months. ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, the meeting was declared adjourned at 9:45 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 claim as approved by the Fire Chief and audited by the Comptroller's office: B. & C. Smith, Inc. $ 53.20 Garfield-Wolar 6.98 Komfort Kooling Air Conditioning 25.00 New York Telephone Co. 31.20 New York Telephone Co. 660.48 Uniform Rental, Inc. 35.94 $812.90 -9- 2. Other Business Commissioner Bloom stated that Mr. Gasparini advised him that he knows someone who may be interested in the purchase of the old quad which has been intended for sale. He further stated that the interested party would be traveling from Florida and wished to know if the Town could accept an offer without going out to bid. Following some discussion in which it was noted how long the old fire engine has been sitting in the parking lot of the firehouse and that the Town would not want to lose a possible sale, on motion by Commissioner Bloom, seconded by Commissioner McMillan, it was unanimously RESOLVED, that this Commissioner hereby authorizes that the invitation to bid be dispensed with for the sale of the old fire engine and that the sale of said piece of fire equipment be, and it hereby is, approved pending approval of the Fire Council and the Comptroller. ADJOURNMENT There being no further business to come before the Commission, on motion duly made and seconded, the meeting was declared adjourned at 9:50 p.m. Town Clerk • -10-