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HomeMy WebLinkAbout1981_09_09 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 9TH DAY OF SEPTEMBER 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: • Supervisor Leo Goldsmith, Jr. Councilman Lee H. Bloom Councilwoman Charlotte P. Monsell Councilman Thomas R. Amlicke Councilman Stewart J. McMillan was not in attendance at this meeting. Also present were the following: Dorothy S. Miller, Town Clerk James J. Johnston, Town Attorney Carmine A. DeLuca, Comptroller P. T. Leddy, Superintendent of Highways George Derderian, Assessor PUBLIC HEARING: (Adjourned) Special Permit Application - Proposed Nursery School-Larchmont Acres In accordance with the letter to the Board dated September 8th by Thomas E. O'Brien, Attorney for the Applicant, Supervisor Goldsmith announced that the above-captioned hearing was postponed indefinitely and stated that if there were persons in the audience wishing to address the Board on this matter, they could do so at this time, if the postponement caused an inconvenience to them. Leonard Martin and Don Brown, both residents of Larchmont Acres, advised the Board of their opposition to the proposal and cited the reasons therefor. Clarifications in answer to their statements and queries were given by Councilman Bloom who stated that a nursery school is permitted in the Town by Special Permit approval; that there is no other nursery school in Town in the same kind of setting (within an apartment complex) , nor to the best of his knowledge, has such an application previously come before the Board and that there was no indication by the Attorney for the Applicant when he would request this matter be placed on a subsequent Town Board meeting agenda. • PUBLIC HEARING: (Adjourned) Proposed Local Law No. 2-1981 Regulating the Possession and Operation of III Mechanical Amusement Devices On motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the public hearing be, and it hereby is, declared open. -1- The Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing, and the Supervisor requested that the Town Attorney review the contents of the law for those in attendance. At this point, the Supervisor asked the Attorney about the grandfather clause and following Mr. Johnston's notation that changes can be made tonight for clarification, in answer to another question Mr. Johnston indicated that the law would become effective upon filing with the Secretary of State. III Several people spoke in opposition to sections of the law noting it would give Cook's a monopoly on the market of these kinds of amusement devices; that three schools (Central Elementary, Hommocks Middle and the High School) are in the area and should cause the • Board to give consideration to the moral aspects; that the danger of crossing the Boston Post Road should be considered; that Cook's has become a hangout and is turning this Town into a New York City penny arcade; that more stringent wording should be considered especially in relation to fire; and that the restaurant is no longer the family type eatery it used to be. Michael Tanney of Mohegan Road stated that he approved of the games and thought the matter has been blown out of proportion and also referred to the positive editorial in The Daily Times about the machines. Judy Martin of Larchmont Acres noted that she was a parent and educator and had no objection to the machines, except that she felt they should be placed further apart. Richard Mari, Don Brown, Rhoda Kalmanson, Anne Tannen, William Rose, Jerry Glaser, Otto Scheuble, _Cheryl Freireich, Susan Tabak, Phil Guglielmo and others spoke in favor of the local law, especailly as it relates to the limit on the number of machines. Roger Sirlin, Attorney for Melron Amusements, presented the Bo-rd with substantiating information in a packet to enhance his explanation, which followed III the presentation, that the law is not necessary and that without radical changes, it does not meet legal requirements. At the conclusion of Mr. Sirlin's statement, Councilmam Bloom stated that he, as well as his colleagues on the Board, has taken an. objective view of the law and carefully considered the level of congestion involved, safety factors, the grandfather clause, and possible proliferation of establishments with mechanical amusement devices in this Town. He then noted the Board's distress at the fact that many additional machines have been placed in the facility since._April along with notices placed throughout the restaurant that the presence of said additional machines was being forced upon them by the Town Board of the Town of Mamaroneck. Councilwoman Monsell added to Councilman Bloom's remarks and noted that she has been very concerned about the fact that persons have been actively seeking a large establishment in which to place various machines in an arcade type of atmosphere and that she strongly objects to that kind of business coming into this town to upset what we now have. During the lengthy discussion that followed various persons queried i whether or not the need for more police calls had occurred, where the youngsters get the money to play the games, what effect this has had on the youngsters and if guidance counselors have been III consulted about the matter, and whether or not there have been additional car accidents in front of Cook's Restaurant. Upon ascertaining from the Applicants that operating and non-operating machines presently in Cook's Restaurant number 114, a heated and considerably long discussion ensued. -2- Following determination that all who wished to speak had done so, on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the public hearing be, and it hereby is, closed. In answer to Supervisor Goldsmith's query of the Board's pleasure III on this matter, Councilman Amlicke noted his desire to modify the law in relation to limiting the number of machines to the number in an establishment at the time of the first public meeting on the subject ec � t which was April 1, 1981 and including wording relative to a phase-out period of one year for any additional machines. Thereupon, on motion by Councilman Amlicke, seconded by Councilwoman Monsell, who reiterated her strong desire for the passage of this local law, the following resolution was adopted by majority 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. 2-1981 and has heard all persons desiring to be heard thereon; NOW, THEREFORE BE IT RESOLVED, that this Board hereby adopt Local Law No. 2-1981 entitled "A Local Law Adding Section C (Mechanical Amusement Devices) to Chapter 41 (Licensed Occupa- tions) of the Unified Code of the Town of Mamaroneck," and that such Local Law as so adopted and herewith inserted, be made a part of the minutes of this meeting: "A Local Law Adding Section C (Mechanical Amusement Devices) to Chapter 41 (Licensed Occupations) to Chapter 41 (Licensed Occupations) of the Unified Code of the Town of Mamaroneck" Section 1. This local law shall be known and cited as Town of Mamaroneck Local Law No. 2 of 1981, regulating the possession and operation of mechanical amusement devices within the Unincorporated Section of the Town of Mamaroneck. Section C. Mechanical Amusement Devices. Sub. 1. Definitions of Terms. As used herein the following words shall have the meanings below set forth: (a) The term "mechanical amusement device" shall mean any machine, which, upon the payment of a charge or upon the insertion of a coin, slug, token, plate or disc, May be operated by the public generally for use as game, entertainment or amusement, whether or not registering a score. _It shall include, but is not limited to, such devices as marble machines, Pinball machines, skill ball, mechanical grab machines, electronic bowling machines, electronic baseball, football, hockey or basketball machines, video games, any and all air-propelled machines or games, pool tables, shooting games, and all games, operations or transactions similar thereto under whatever name they may be indicated, whether or not electronically operated. -3- (b) the terms "person," "firm," "corporation" or "association" as used herein shall include the following: any person, firm, corporation or association which owns any such machine; the person, firm, corporation or association in whose place of business any such machine is placed for use by the public; and the person, firm, corpor- ation or association having control over such machine; provided, however, that the payment of such fee by any person, firm, corporation or association enumerated herein shall be deemed a compliance with this local law. Sub. 2. " Gambling Devices Not Permitted. Nothing in this local law shall in any way be construed to authorize, license or permit any gambling devices whatsoever or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to law, or that may be contrary to any future laws of the State of New York. Sub. 3. License Required. Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical amusement device as herein defined by Sub. 1 herein shall be required to obtain a license from the Town of Mamaroneck upon payment of a license fee. Application for such license shall be made to the Town Clerk upon a form to be supplied by the Clerk for that purpose. Sub. 4. Application. The application for such license shall contain the following information: (a) Name and address of the applicant, age, date and place of birth. (b) Prior convictions of applicant, if any. (c) Place where machine or device is to be displayed or operated and the business conducted at that place. (d) Description of machine to be covered by the license, mechanical features, name of manufacturer, serial number. No license shall be issued to any applicant unless he shall be over twenty-one (21) years of age and a citizen of the United States. Sub. 5. Inspection. Application for license shall be made out in four copies, one copy being referred to the Chief of Police, one copy to the Building Inspector, one copy to the New York Board of Fire Underwriters, and one copy to be maintained by the Clerk. (a) The Chief of Police shall investigate the location wherein it is proposed to operate such machine, • ascertain if the applicant is a person of good moral character, and either approve or disapprove the application. (b) The New York Board of Fire Underwriters shall inspect all wiring and connections to the machine, determine if the same complies with the National Electrical Code and shall either approve or disapprove the application. -4- (c) No license shall be issued to any applicant unless approved by the Chief of Police and the Building Inspector. (d) Any applicant whose application for license has been denied shall have the right to appeal said decision denying the application for license to the Town Board of the Town of Mamaroneck at a III meeting thereof, and the same may be granted or refused by the said Board. Sub. 6. License Fees. Every applicant, before being granted a license, shall pay an annual license fee of One Hundred Dollars III ($100.00) for the privilege of operating or maintaining for operation each mechanical amusement device as defined in Sub. 1 herein, and further shall pay an annual license fee of Fifty Dollars ($50.00) for maintaining premises that contain said devices. Each license granted hereunder shall be granted for an annual term running from May 1st to April 30th of that year. Sub. 7. Display of License. (a) The license or licenses herein provided for shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained to be operated. (b) Such license may be transferred from one machine or device to another similar machine upon application to the Clerk to such effect and the giving of a description and the serial number of the new machine or device. Not more than one machine shall be III operated under one license and the applicant or licensee shall be required to secure a license for each and - every machine displayed or operated by him. (c) A license shall not be transferrable from person to person nor place to place, and shall be usable only at- the place and by the person designated in the license. • Sub. 8. Prohibitions and Restrictions. (a) No person, firm, corporation or association shall permit the operation of mechanical amusement devices within six hundred (600) feet of any church, public or parochial school, playground, or within two hundred (200) feet of other premises already currently holding a valid license to operate said mechanical amusement devices. The existing prior licenses shall be given preference, including license renewal, where two premises within two hundred (200) feet of each other seek licenses under this local law. III (b) No person, firm, corporation or association may receive a license to operate more than two (2) mechanical devices. III (c) No person, firm, corporation or association shall permit the operation of, or maintain for operation, more than an aggregate total of three (3) amusement devices, including therein mechanical amusement devices. (d) No person, firm, corporation or association shall, except as provided in Subdivision (e) below, permit the operation of any mechanical amusement devices, except during the following hours: Monday through Friday (excluding Holidays) . .8:00 a.m. to 11:00 p.m. Saturday, Sunday and Holidays 8.00 a.m. to midnight. -5- Sub. 9. Revocation of License. Every license issued under this local law is subject to the right, which is hereby expressly reserved, to revoke the same should the licensee, directly or indirectly, permit the operation of any mechanical amusement device contrary to the provisions of of this local law, the laws of the Town of Mamaroneck, or the laws of the State of New York; and the Town Clerk may, at any time, suspend any license therefor. Notice of such suspension and the reason or reasons therefore in writing shall be served by the Clerk upon the person named in the application or license or by mailing the same to the address given in the application, and upon filing a copy of such notice in the Clerk's office, with affidavit of service of • mailing, such license shall be suspended until the next regular meeting of the Town Board at which said meeting the license may be revoked; no refund for any unearned portion of the license fee shall be made. Sub. 10. Seizure and Destruction of Machine. If the Chief of Police shall have reason to believe any mechanical amusement device is used as a gambling device, such machine may be seized by the police and impounded and if upon trial or the exhibitor for allowing it to be used as a gambling device said exhibitor be found guilty, such machine shall be destroyed by the police. Sub. 11. Penalty. Any person, firm, corporation or association violating any of the provisions of this local law, in addition to the revocation of his or its license, shall be liable to a fine or penalty of not less than Fifty Dollars ($50.00) not more than Two Hundred Fifty Dollars ($250.00) for each offense. Sub. 12. Exemptions. This local law shall not apply to, and no license shall be required for, the operation of mechanical amusement devices of the kind herein specified: (1) Wherein the proceeds therefrom are to be devoted exclusively to charitable, benevolent or religious purposes. (2) Where the operation thereof is upon the property and premises of a private membership club and for the benefit of its members or their guests; provided, however, that said exemption will terminate if said private membership club operate any mechanical amusement devices for the use and enjoyment of the general public. Sub. 13. Non-conforming Persons, Firms, Corporations or Associations. All persons, firms, corporations or associations as described in Sub. 1 (b) which do not conform to the provisions of Sub. 8 (b) and (c) of this local law at the date of its adoption may continue as a non-conforming use in the same way and to the extent that existed at their location as of April 1, 1981 - the date of the first public discussion on the adoption of this local law. All machines added at any location after April 1, 1981 up and to the date of the adoption of this local law which exceed the provisions of Sub. 8 (b) and (c) may remain on the premises for a period of one year only from the date of the filing of this local law with the Secretary of State. Sub. 14. Repeal of Conflicting Ordinances. All existing local laws or ordinances of the Town of Mamaroneck are hereby repealed insofar as they may be inconsistent with the provisions of this Section. -6- Sub. 15. Separability of Provisions. It is the intention of the Town Board that each separate provision of this local law shall be deemed independent of all other provisions herein, and it is further the intention of the Board that if any provisions of this local law be declared invalid, all other provisions thereof shall remain valid and enforceable. Section 2. This local law shall take effect immediately upon filing in the Office of the Secretary of State. 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 - Proposed Addition to Cook's Restaurant-Melron Amusement Corporation On motion by Councilman Bloom, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that the public hearing be, and it hereby is, opened. The Clerk then presented the Affidavits of Publication and Posting of the Notice of Hearing for the record. Roger Sirlin, Attorney for Applicants, Melron Amusements Corporation, addressed the Board in support of the application asking that the permit be granted. He referred to certain sections of the Town Code and noted that his clients had met all criteria such as location of site, access to site, nature of building to be constructed on site, anything objectionable about the site and adequacy of parking at the site, and elaborated on each. He further gave his reasons for feeling that the Planning Board had erred in recommending denial of the application. In answer to a question, Supervisor Goldsmith read the memorandum in which the Planning Board had given its reason for recommending denial of the application and entered that memorandum as part of the record of this hearing. Rhoda Kalmanson of Laurel Avenue Spoke of the local law just passed which limits the number of machines to fifty-seven for Cook's and the fact that the proposed addition to the restaurant is to house their additional machines. At this time Town Attorney James J. Johnston advised the Board that the recommendation of the Westchester County Planning Department had not yet been received although he had been told the recommendations have been mailed, and suggested the Board adjourn this hearing until the next regular meeting. Thereupon, on motion by Councilman Amlicke, seconded by Councilwoman Monsell, it was unanimously -7- RESOLVED, that this Board hereby adjourns the public hearing on the Special Permit Application of Melron Amusement Corporation relative to the proposed addition to Cook's Restaurant until the next regular - meeting of this Board in October. ;.. -TOWN OF-MAMATRONECK - ` — - - - - -- - PLANNING BOARD MAMARONECK 740 NEW YORK • 11J.XWasT POST ROAD �^j yl( t Q( MAMARON£CK. N. Y. 381-2558 • • • July 24, 1981 • To:' Town Board 'From: Planning Board- Subject Application of Melron Amusement Corp. - -Proposed Additions to Cook's Restaurant 1265 Boston PostRoad Block 412 b = Parcels 439: and 449 _, ,;s The Planning Board at its meeting held on July 15th discussed`:the above application. After discussing the application the Board decided on a vote of three to two to recommend that the Town Board not approve the ap- plication. The Board felt that based .on traffic and ;ndise They did not pink the _addition tirould be ;in -the-best.. interest .of.'the _Community • / L-------../ „ . i. i • . f iT-7:5:JP-,i _ . • i ta.A John's�bn, Secretary `. � . :_ . _ --- • IIINOT ON AGENDA In answer to a question about former Police Chief Barasch's resignation posed by Don Brown of Larchmont Acres, Supervisor Goldsmith outlined the events as they occurred, upon his learning of certain allegations with respect to the Police Chief. He noted that: Within hours after certain allegations were made, the matter was referred to the Ethics Board whose Chairman, Mr. Thomas White answered the Supervisor at a later time by stating that the Ethics Board had no jurisdiction in the matter. The Town Attorney and -8- Supervisor discussed the matter with Mr. White and between themselves, and came to the conclusion that Mr. White was probably right. The matter was then immediately referred to the Police Commission for their investigation which was to be thorough with an approach toward honest conclusions. The Police Commission then interviewed the persons making the allegations and after that the Chief was given the opportunity to explain or refute the allegations. Next the Chief chose not to do that and indicated to the Supervisor and the Police Commission that he would resign. In the meantime, Mr. Goldsmith had spoken to a gentleman in the District Attorney's office by telephone and in view of the Chief's resignation, and the fact that the Police • Commission would no longer have jurisdiction, he contacted the District Attorney's Office again and confirmed the conversation with a letter further presenting the facts as they were known to the supervisor. Up to this date several more conversations have taken place with the D.A. ' Office and followed up with letters. Supervisor Goldsmith emphasized after several other questions that his position was to, on behalf of the Town, be completely investigatory of this matter and have everything disclosed to the District Attorney's Office. Further clarifying comments about the Police Commission as it was established in this Town and its responsibilities were made by Councilman Bloom. He further spoke of the matter of the issuance of certain pistol permits by former Chief Barasch in violation of law and noted that was the only specific allegation this Board is aware of. Supervisor Goldsmith further expounded on the allegations which were of a general nature and stated that as noted by Councilman Bloom, the only specific item was about the pistol permits, and in answer to another query, noted that the two members of the Police Commission made the appointment of Charles Baumblatt as Provisional Chief, and any questions relative to that subject would have to be directed to the Commission. Further questions posed by Richard Murphy of Larchmont Village about the salary authorizations to be taken up later on the agenda were answered by the Supervisor, as well as clarifications about the appointment of a new Chief after the civil service examination in October and that there is an ongoing investigation of the entire matter by the Police Commission. APPROVAL OF MINUTES The minutes of the regular meetings of June 22, 1981 and July 1, 1981 were presented and on motion by Councilman Amlicke, seconded by Councilwoman Monsell, unanimously approved as submitted. OLD BUSINESS • 1. Report of Bids - Sanitary Sewer-Edgewood Avenue-Murray Avenue to Chatsworth Avenue Presentation was made of the Engineer's memorandum enumerating the bids received and notation made that they had been reviewed and approved by the Town Attorney. Following Councilman Amlicke's query about the low bidder's previous performance for the Town, on motion by Councilman Bloom, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that, for Contract No. 81-3 -Sanitary Sewer Improvements, this Board hereby accepts the bid of the low bidder, namely Bilotte Construction Corporation in the amount of $142,630.00. -9- At this time Item No. 2 Resolution-Change Date of October Town Board Meeting under NEW BUSINESS was taken up. Pursuant to the memorandum by the Town Clerk and a check of calendars, on motion by Councilman Bloom, seconded by Counciwoman Monsell, it was unanimously RESOLVED, that due to the Jewish Holiday Yom Kippur, this Board hereby fixes the date of Monday, October 5, 1981 as the next regular meeting of this Board. • OLD BUSINESS 2. Engineer's Report re The Mertz Company, Inc. and Request for Acceptance of Low Bid for Highway Garage Roof The Engineer's memorandum was presented with an attachment in response to the Board's request at the last meeting for specific information about the performances of the low bidder, and on motion by Councilman Bloom, seconded by Councilwoman Monsell, it was unanimously RESOLVED- that, for Contract No. 81-2 -Highway Garage Roof, this Board hereby accepts the bid of the low bidder, namely, The Mertz Company, Inc. , in the amount of $98,890.00. 3. Engineer's Report - Status of Hommocks Field A great deal of discussion followed the presentation of Mr. Elfreich's memorandum, the Board's acceptance of the report, and Councilman Amlicke's projection of use of the field by next fall since more cuttings are necessary. Margaret Shultz addressed the Board by stating that she has followed this project since its inception and asked if something could be done by the Town Board relative to better protection in this kind of situation. Councilman Bloom answered that this was a unique situation due to three parties contracting among themselves and the running into a lot of misfortunes in completing the project. Councilman Amlicke spoke of his recent meeting with representatives of the Little Harbor Sound Civic Association and Aqua Dredge during which time it was agreed that the Association would advance more money to Aqua Dredge in order to get the job done. He further noted this as an example of the Board's manner of trying to accomplish something by cooperation as opposed to going to court to solve the problem. Caroline Silverstone, candidate for Council, made reference to the many Town children enrolled in the soccer program played at Flint Park and Marie Wolf, a former League President, made reference to the possibility of aid to Larchmont Village to help with their • field at Flint Park. 4. Engineer's Report - Proposals for Test Borings (Sub-Surface Exploration) Following, presentation of Mr. Elfreich's memorandum and some questions, Councilman Amlicke, who had discussed the matter with the Engineer, noted the total would amount to about $6,000. or $7,000. On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously -10- RESOLVED, that, for the performance of test borings on 5th Avenue Sanitary Sewers, this Board hereby accepts the low proposal submitted by Hendrick Drilling, Inc. , in the amount of $450.00 per day and $6.00 per foot of rock. NEW BUSINESS 1. Engineer's Request - Authorization to Execute Cooperation Agreements re Urban County Contract with Westchester County The Engineer's memorandum was presented along with the supporting documents from the County and following some discussion in which it was noted this agreement is the same as the previous ones except that this one is for a three-year period instead of a one- year period, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Supervisor be, and he hereby is, authorized to execute the Cooperation Agreement with the County of Westchester for the purpose of undertaking a Community Development Program pursuant to the Housing and Community Development Act of 1977, subject to the review and approval of the Agreement by the Town Attorney. 2. Resolution - Change Date of October Board Meeting This item was taken up earlier in the meeting. 3. Engineer's Request - Authorization to Advertise for Bids - Sanitary Sewer-Fifth Avenue (Madison Ave. to Lester P1.) Following presentation of the Engineer's memorandum and the explanation of the need for this project, on motion by Councilman Bloom, who urged that the Engineer try again to get the County to replace the above-referenced sanitary sewer, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board authorizes the publication in the official newspaper of the Town of Mamaroneck, • The Daily Times, of a Notice of Invitation to Bid on the full replacement of the sanitary sewer on 5th Avenue from Madison Avenue to Lester Place. -11- 4. Authorization - Mary Ellen Faulkner's Maternity Leave In accordance with the request of Mrs. Faulkner and some clarification by Councilman Amlicke and the Comptroller, on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that since all accumulated leave credits have been used, this Board hereby grants the request of Mary Ellen Faulkner for maternity leave without pay from October 17, 1981 to December 31, 1981. 5. Comptroller's Request - Authorization to Advertise for Joint Bidding with Larchmont Village: a) Street Painting - 1982 Upon presentation of the Comptroller's memorandum, on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes publication in the official newspaper of the Town of Mamaroneck, The Daily Times, of a Notice of Invitation to Bid on Street Painting to be done jointly with Larchmont Village. b) Fuel Oil - 1982 Upon presentation of the Comptroller's memorandum, on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes publication in the official newspaper of the Town of Mamaroneck, The Daily Times, of a Notice of Invitation to Bid on Fuel Oil to be done jointly with Larchmont Village. c) Diesel Fuel - 1982 Pursuant to the Comptroller's request, on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes publication in the official newspaper of the Town of Mamaroneck, The Daily Times, of a Notice of Invitation to Bid on Diesel • Fuel to be done jointly with Larchmont Village. 6. Designation - Tenant Representative to County Rent Guidelines Board The above-referenced matter was deferred to a subsequent meeting until the material requested from the Rent Guidelines Board has been received. 7. Appointment - Board of Police Commissioners The above-referenced matter was deferred to a subsequent meeting. -12- 8. Comptroller's Request - Authorization re Agreement with Tele-Review, Inc. In accordance with Mr. DeLuca's request and his explanation to the Board of the services of the above-captioned company, on motion by Councilman Bloom, seconded by Councilwoman Monsell, it was unanimously III RESOLVED, that the Comptroller be, and he hereby is, authorized to execute the agreement between the Town of Mamaroneck and Tele-Review, Inc. , provided Item #2 under Fee is deleted. 9. Salary Authorizations: a) School Corssing Guards Pursuant to Police Chief Baumblatt's memorandum, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes that Celia Cirillo, 431 Jefferson Avenue, Mamaroneck Village and Rosanne Spiegel, 504 Jefferson Avenue, Mamaroneck Village, be engaged as substitute School Guards at the rate of $21.00 per day, one of which will become permanent upon evaluation of their performances; this being necessary due to the loss of two permanent guards and the former substitute's permanent assignment. b) Highway Department This item was deferred to a subsequent meeting. c) Police Lieutenant Pursuant to the memorandum addressed to the Board by the Police Commission, discussion of which was held earlier in the meeting, on motion by Councilwoman Monsell, seconded by Councilman Bloom, it was unanimously RESOLVED, that as approved by the Police Commission, this Board hereby authorizes the appointment of Sergeant Charles Baumblatt to Lieutenant effective August 17, 1981,. to be compensated at the rate of $28,680.00 per annum. d) Provisional Police Chief Pursuant to the memorandum addressed to the Board by the Police Commission, discussion of which was held earlier in the meeting, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that as approved by the Police Commission, this Board hereby authorizes that Lieutenant Charles S. Baumblatt be appointed Provisional Chief of Police, effective August 17, 1981 and be compensated at the rate of $30,000.00 per annum. -13- e) Recreation Following presentation of the Recreation Superintendent's memo, on motion by Councilman Amlicke, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board hereby authorizes payment to the following persons at the rates and effective dates listed: Hommocks Pool Employees: Donald Dowd, Lifeguard, $3.00 per hour, effective 8/24/81. Tim Gallagher, Lifeguard, $3.00 per hour, effective 9/8/81. Phil Johansen, Lifeguard, $3.00 per hour, effective 8/29/81. Kevin Kelleher, Lifeguard, $3.00 per hour, effective 9/8/81. Laura LaMagna, Lifeguard, $3.00 per hour, effective 9/8/81. Karen MacDonald, Lifeguard, $3.00 per hour, effective 9/8/81. Beth Reilly, Lifeguard, $3.00 per hour, effective 8/21/81. Tracey Wilson, Lifeguard, $3.00 per hour, effective 9/8/81. Kim Zierk, Lifeguard, $3.00 per hour, effective 9/1/81. Liz Irwin, Rec, Attendant, $2.50 per hour, effective 9/8/81. Beth Macri , Rec. Attendant, $2.50 per hour, :effective ;9/8/81. Lucy Moore, Rec Attendant, $2.50 per hour, effective 9/8/81. - Gary Owen, Rec. Attendant, $2.50 per hour, effective 9/8/81. Joe Pampel , Rec. Attendant, $2.50 per hour, effective 9/8/81. Peter Treacy, Rec. Attendant, $2.50 per hour, effective 9/8/81. Hommocks Tennis Courts: Donna Chiodo, Rec. Attendant, $3.00 per--hour, effective 8/24/81. Richard Martinson, Rec, Attendant, $2.50 per hour, effective 8/24/81. Brad Reilly, Rec. Attendant, $2.50 per hour, effective 9/1/81. Michael O'Neill , Rec. Attendant, $2.50 per hour, effective 9/1/81. Nick Paine, Rec. Attendant , $2.50 per hour, Effective 9/1/81 10. Assessor's Request - Attendance at Assessment Administration Conference Some discussion ensued the presentation of the Assessor's memo and accompanying bulletin about the above-captioned conference since there was no indication of cost. Mr. Derderian advised the Board of his previous attendance at these conferences for many years and thought the total cost to the Town would be approximately $300. - $400. Following Councilwoman Monsell's reminder to Mr. Derderian of the Board's policy of submission of an estimate of cost to accompany a request for attendance at a conference prior to approval, on motion by Councilman Bloom, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board hereby authorizes that expenses not to exceed $400.00 be paid for Assessor, George Derderian's attendance at the annual conference on Assessment Administration in Syracuse on September 13, 14, 15 and 16, 1981. -14- THE TOWN CLERK Regular Reports The Clerk presented the Reports of the Town Clerk's office for the month of August 1981 and the Report of the Building Inspector for the month of August 1981. She also presented the Minutes of the Cable T.V. Board of Control for July 28, 1981 as filed with IIIher office by the Clerk-Treasurer of the Village of Mamaroneck. • NOT ON AGENDA Margaret Shultz brought to the Board's attention the condition of the Boston Post Road following some work done by Con-Edison and the heavy equipment parked near the Finast Shopping Center. Supervisor Goldsmith answered, in the absence of the Engineer, that he would have the matter looked into. THE SUPERVISOR Proclamation - Constitution Week The Supervisor presented the aforementioned proclamation and on motion by Councilman Bloom, seconded by Councilwoman Monsell, the Supervisor was unanimously authorized to issue the proclamation annexed hereto. (see page 16) III THE COUNCILMEN AND COUNCILWOMAN Mrs. Monsell Appointment - Narcotics Guidance Council In Mr. McMillan's absence, Councilwoman Monsell reviewed the request of the Administrative Assistant of the Narcotics Guidance Council and on her motion, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Town Board hereby approves the appointment of Edward N. Higgins for the position of Psychiatric Social Worker at the Community Counseling Center provided similar resolutions are adopted by the Villages of Larchmont and Mamaroneck. • Mr. Bloom III 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 RESOLVED, that the recommendation of the Assessor's Office in the form annexed hereto, be and it hereby is, in allrespects approved relative to the property located at 714 Orienta Avenue in the Village of Mamaroneck. (see page 17) -15- P R O C L A M A T I O N WHEREAS, The Constitution of the United States of America gives us the foundation for a free prosperous and independent life for all citizens, but each generation, in turn, • must uwgh r eand n ecsls m ind ioftfheerewsee, 'the rights and liberties we have enjoyed may vanish; and WHEREAS, It is of the greatest consequence that the citizens fully understand the provisions and principles contained in the Constitution of the United States of America in order to be able to support it properly as, "The greatest document for human liberty in two thousand years of recorded history;" and WHEREAS, The people of the United States should be deeply grateful to their Founding Fathers for the wisdom and foresight they displayed in writing and adopting the Constitution; and WHEREAS, The independence granted to the American people to enjoy such freedom and liberty, unknown to any other country, should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, as designated by proclamation of the Prisident of the United States in accordance with Public Law No. 915; NOW, THEREFORE I, Leo Goldsmith, Jr. , Supervisor do hereby proclaim the week of Septebmer 17 to 23, as CONSTITUTION WEEK in the Town of Mamaroneck, and urge all our citizens to study the Constitution and express gratitude for the privilege of American citizen- ship in our Republic functioning under the superb body of laws --- the Constitution of the United States of America. Leo Goldsmith, Jr. Supervisor For the Town Council Dated: September the 9th, 1981. -16- — -- 14 Orienta Ave Mamaroneck - 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 p�ro pert carried on the Assessment Roll of 1981-1982 taxes of 1982 Y REASON: - SALE: July 2,1981 Liber 7714 . Page 525 'DEPARTMENTAL RECOMMENDATION: That the property carried on the Assessment Roll of 1981-1982 1982 t axes of TO BE APPORTIONED: BLOCK PARCEL - OWNER LAND IMPROVE. TOTAL 941 1 . Joan Fusco 17,800 27,700 45,500 -- - APPORTIONED TO: • • BLOCK PARCEL OWNER LAND IMPROVE. TOTAL • ill ' 941 1.1. Joan Fusco 12,800 27,700 40,500 941 - 1.2 - • Seney Development 5,000 . 5,000 Corporation - - • o ,F ASSESSOR ACTION OF THE TOWN BOARD: Dated: September 9, 1981 - - At a.meeting of the Town Board held Eia. foregoing petition was Granted ___ (Granted or Rejected) • CERTIFIED FROM THE MINUTES TORN LERK - - -17- • In Memoriam Whereas, Joseph R. Paonessa, a life-long resident III of the Town of Mamaroneck and a member of its Police Department for forty-one years, died on the 28th of August 1981; and • Whereas, during his tenure of office from April of 1930, when he joined the force, until his retirement in 1971, he served the Department and the Community with utter devotion and integrity; and Whereas, his singular service, both as an Officer and as a Detective brought him three well merited Awards by the Police Commission-- the last one also winning him an Award by the Westchester Rockland Newspapers; NOW, THEREFORE BE IT RESOLVED, that this Council, the staff and our residents hereby express their appreciation and deep gratitude for his exceptional service, and convey to Mrs. Paonessa and the members of the family their feelings of loss and grief; and be it further RESOLVED, that this resolution be entered upon the minutes of this meeting as a permanent and lasting tribute to -- Joseph R. Paonessa --and that the meeting, convened in regular session this 9th day of September 1981, stands adjourned in respect to and in honor of his memory. • Leo Goldsmith, Jr. Supervisor For the Town Council. Dated: September the 9th, 1981. -19- NOT ON AGENDA Peter Perciasepe of Myrtle Boulevard, Town, addressed the Board relative to a wall near his home. He noted that some time ago the wall, which is Town property, was damaged by a car and was never fixed and has now become a dumping place. Supervisor Goldsmith answered that he will check to be sure it is Town property and will have it taken care of. ADJOURNMENT - In Memoriam-Joseph R. Paonessa • There being no further business to come before the Board, following Supervisor Goldsmith's expressionf of respect and appreciation of Joseph R. Paonessa, former Town of Mamaroneck Policeman and Councilman Bloom's sentiments that he was a good friend to all and that his is a disappearing breed, on motion by Councilman Amlicke, seconded by Councilman Bloom, this meeting was unanimously declared adjourned in memory of Joseph R. Paonessa, former Town of Mamaroneck Policeman at 11:16 p.m. (see page 19) 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: AAA Emergency Supply Co. , Inc. $ 177.25 Dri-Chem Extinguisher Co. 60.00 Portronix Communications 5.75 Excelsior Garage & Machine Works, Inc. 607.63 Excelsior Garage & Machine Works, Inc. 787.26 New York Telephone Co. 33.04 Robert's Dept. Store 42.95 Mid-Valley Petroleum Corp. 543.32 Village of Scarsdale Water Dept. 308.00 • Exterminating Services Corp. 14.16 Larchmont Auto Parts Dist. Inc. 79.84 Sound Tire & Supply Co. , Inc. 110.28 Town of Mamaroneck Highway Fund 18.66 Town of Mamaroneck General Fund 3.96 Little Giant Industries, Inc. 636.50 Con-Edison 20.56 Con-Edison 24.21 Con-Edison 2.00 Con-Edison 3.00 New York Telephone Co. 691.65 Con-Edison 3.00 Con-Edison 2.00 $4,175.02 -18- 2. Authorization to Advertise for Bids - 1981 Fire Chief Vehicle Some discussion followed the presentation of the Comptroller's memorandum during which Commissioner Bloom clarified that it was the Deputy Chief's car needing to be replaced. Commissioner Amlicke asked if repairs could be made in order that the car be used for another year and after Deputy Chief Shaw advised the Board of the present bad condition of the car, Commissioner III Bloom noted that the Board prefers not to have to purchase two cars at one time which could happen if this one is held onto. Thereupon, on motion by Commissioner Bloom, seconded by Commissioner Monsell, it was unanimously • RESOLVED, that this Board hereby authorizes publication in the official newspaper of the Town of Mamaroneck, The Daily Times, of a Notice of Invitation to bid on a 1981 Fire Chief Vehicle. Further discussion ensued during which a diesel fuel car was referred to and by whom and by what design the specifications for the car were to made up. Chairman Goldsmith requested that following the Fire Council's draft of the specifications, that they be reviewed by Commissioner Bloom. ADJOURNMENT There being no further business to come before this Commission, on III motion duly made and seconded, the meeting was declared adjourned at 11:24 p.m. Town Clerk • III -20-