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HomeMy WebLinkAbout1981_10_05 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN OF MAMARONECK, HELD ON THE 5TH DAY OF OCTOBER 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 P.T. Leddy, Superintendent of Highways At this time the order of the agenda was changed and Item No. 1 under NEW BUSINESS was taken up. 1. Request to Install Wood Burning Stove and Metal Chimney - 262 Rockingstone Avenue The above-noted request was presented and after the Board was assured that preliminaries had been approved, on motion by Councilman Bloom, who once again noted his desire to have the Code changed instead of having individuals coming before this Board, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby varies the regulations of the Building Code as permitted under Article V, Chapter 14, Section 19 so as to permit the installation of a metal wood burning stove and exterior metal chimney as shown on the plans in accordance with the manufacturer's specifications, in the residence located at 262 Rockingstone Avenue, Town of Mamaroneck. ADJOURNED PUBLIC HEARING: Special Permit Application - Proposed Addition to Cook's Restaurant-Melron Amusement Corporation Roger Sirlin, Attorney for the Applicants introduced David J. Portman of Frederick P. Clarke Associates who presented a prepared Planning and Traffic Report and elaborated on its contents and made references to the letter from the County Planning Department. At various times during Mr. Portman's presentation, the Town Attorney raised objections to certain portions of the presentation because of the possible lawsuit. -1- After a review of Mr. Portman's qualifications, he was allowed to continue only on matters of his expertise. In answer to Mr. Glaser's query as to reasons for denial of a special permit application, Councilman Bloom quoted from the Town Code and in answer to another of his questions, the memorandum to the Town Board from the Planning Board was read in which it was noted that the denial was because of traffic, noise and the permit not being in the best interest of this Community. Quite a lengthy discussion evolved around Mr. Portman's review of the portion of his report relative to noise, during which objections were raised from the audience. • Additionally, the matter of spaces in a certain part of the parking lot which is not owned by the restaurant owners who are leasing the remaining part of the lot was discussed in detail with clarifications being made by Roger Sirlin and one of the applicants, Mr. Getlan. Following Councilman Amlicke's recommendation that time be given to study the new material presented tonight and a brief discussion, on his motion, seconded by Councilwoman Monsell, it was unanimously 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. APPROVAL OF MINUTES The minutes of the regular meeting of August 5, 1981 were presented and on motion by Councilman Bloom, seconded by Councilman Amlicke, unanimously approved with correcttions. OLD BUSINESS 1. Engineer's Report - Hommocks Field Following presentation of the Engineer's memorandum, Supervisor Goldsmith announced the Town's offer to the Village of Larchmont to pay monetarily and manpower wise for reconditioning of the soccer fields at Flint Park. He further went on to publicly thank Mayor Quigley for allowing the Town use of the fields while Hommocks was unavailable. In answer to a question of the Town's plan to file claim against the Little Harbor Civic Association, the Supervisor noted that the Town would exercise every right, but due to the • cooperation recently shown by the Association, there is no reason for such action at this time. III 2. Comptroller's Request - Resolution re Authorization for Bonding the Reconstruction of the Highway Garage Pursuant to the Comptroller's request and Mr. DeLuca's clarification to the Board of present interest rates, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously -2- RESOLVED, that this Board hereby authorizes the Comptroller to take the necessary steps to obtain the papers for bonding the reconstruction of the Highway Garage Roof. 3. Communications re Tax Assessments - Kathryn & Otto Scheuble Supervisor Goldsmith advised Mr. Scheuble of his discussion with the Assessor and noted that Mr. Derderian would be in contact with Mr. and Mrs. Scheuble soon and there was no need to discuss the matter further during this meeting. NOT ON AGENDA - Resolution-Change Date of Next Regular Town Board Meeting 4. Set Date for Public Hearing-Reconstruction of Sanitary Sewers Prior to discussion of the above-referenced matter, on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby fixes the date of Monday, October 19, 1981 as the next regular meeting of this Board. At this time, on motion by Councilman Bloom, seconded by. Councilwoman Monsell, it was unanimously RESOLVED, that October 19, 1981 be set as the date for the public hearing on the reconstruction of sanitary sewers on Edgewood Avenue; and it is further RESOLVED, that the Town Clerk be, and she hereby is, authorized to publish in The Daily Times, the Notice of said hearing as required by law. NOT ON AGENDA - Purchase by Town of School-Town Center Arthur Nelkin addressed the Board relative to the purchase of the above-referenced building and asked that consideration be given to short-term use of that building and cited his reasons for such a request. Mrs. Eleanor Curry of the Mamaroneck League of Women Voters and Annette Noe of the Larchmont League of Women Voters addressed the Board urging the Town to purchase the building and suggested uses for the parts of the builsing not to be utilized by the Town. After some discussion, the Supervisor stated that the Board would consider the suggestions, and after a brief review of the negotiations thus far between himself and the School Board representative, he then asked the Board's pleasure on the matter. Thereupon, on motion by councilman Amlicke, seconded by Councilman -3- Bloom, the following resolution was adopted by a majority vote of the Board, with Councilwoman Monsell voting in the negative since she saw the purchase as only a short-term solution and she preferred to see the property back on the tax rolls: WHEREAS, this Board has previously authorized the supervisor to negotiate with the School Board for the purchase of the Town-School Center; NOW, THEREFORE BE IT RESOLVED, that this Board hereby approved the agreement to purchase the School-Town Center at a price to be stated at a later date since the Board of Education has yet to approve said agreement. NOT ON AGENDA Following the reading of and submission to the Board of a prepared statement by Thomas Nealon, Chairman of the Town Democratic Committee, said statement herewith made a part of the record of this meeting, an extremely lengthy discussion and 'exchange of questions and answers ensued relative to the matter of the resignation of former Police Chief Robert Barasch. jTOWN OF MAMARONECK' DEMOCRATIC COMMITTEE October 5 , 1981 Town of Mamaroneck Town Supervisor Town Council Town Attorney We, as well as many others in our community, are deeply disturbed by the events surrounding the resignation of Police Chief Robert Barasch and the cloud that now hangs over the Police Depart- ment and our whole community. We are a community of laws so natur- ally we have a right to expect that at all times we will have the utmost confidence in the integrity of our Town government. The dis- closures made by The Daily Times since the first announcement on August 17, 1981 that Chief Barasch had resigned have done nothing to inspire such confidence. We all rely on the Police Department to safeguard our lives and property. One of the paramount expectations any community has of its local government is that it will guarantee them an efficient, effective and disciplined police department. The letter from five of the Town' s top police officers, dated August 13, 1981, to the Town Board of Police Commissioners raises numerous serious charges which go to the very heart of the ability of the Town Police Department to function. In spite of the very serious nature of these charges, the only action which appears to have been taken as of this date has been permitting the Police Chief to resign with apparently full pension benefits rather than be suspended pending investigation of these charges and promoting a junior officer to acting police chief over several of the officers who made these charges. There has been no explanation for these actions. -4- Numerous other questions remain unanswered. There has been ndication whether the potential criminal nature of these charges peen pursued and whether those involved are to be prosecuted. has been no explanation why this letter was first shown by the :e Commission to Supervisor Goldsmith last Thursday, October 1, six weeks after it was presumably first presented to the Police \ssion. The community is yet to be told what the role of the lie Commission, the Supervisor, the Town Council and the Town ney has been and is in this very serious matter. If Town funds been misused, what steps, if any, have been take to recover funds. Based on what The Daily Times has made public thus far, these and numerous other serious questions remain unanswered, ques- tions which go to the very integrity of our Town governmental pro- cess. The community has a right to have these questions answered and the cloud over the Police Department removed. In order to accomplish this we call for an independent, outside investigation of the opera- tion of our entire governmental process in the handling of this mat- ter. There has been an apparent failure of the Police Commission, the Supervisor, the Town Council and the Town Attorney to function in a manner required by their office. Until such time as an independent outside investigative body has thoroughly reviewed the charges made by the five officers Y and the conduct of the Police Commission, the Supervisor, the Town Council and the Town Attorney in handling these charges, the community cannot have confidence in the integrity of our Town governmental system. We make this statement in an attempt to remove this issue from the political arena because it is too important to be resolved in any manner other than one which eliminates all questions of impropriety. It is our fundamental belief that government must exist for the benefit of the whole community and not the special few. If we are to be a government of laws and not of men and if the best interests of our community and the police department are to be served it is imperative that an independent outside investigative body be brought in immeddi�iaately. Our community deserves no less. 4T omas F. Nealon, III Chairman The Supervisor reviewed the events that had transpired with respect to the aforementioned matter, tracing such events from the beginning through the conference that took place with District Attorney Vergari on this date. He stated that the approach and attitude of this Board with respect to the matter of former Chief Barasch was summarized in a letter of August 10, 1981, addressed by the Supervisor to the Police Commission, said letter at this time being read by Mr. Goldsmith. Numerous questions arose, among other things, they concerned the resignation of George Ashley from the Police Commission, the possible replacement for Mr. Ashley and the purported offer by a member of the Police Commission of a job to the ex-Chief. Also raised were questions concerning alleged missing invoices, auditing r resignation on his procedures and the effect of the ex-Chief's resi P g pension rights. On the latter subject, a letter was submitted to the Board by Walter Lowman, 8 Woody Lane, Town, which was made a part of the record of this meeting. The Supervisor and other members of the Town Board responded to all questions and the various points raised were discussed in detail. The Supervisor reviewed his letter of this date, addressed to the District Attorney. A great deal of time was spent on the alleged job offer to former Chief Barasch by Police Commissioner Thompson and the question of the propriety of such an offer and -5- whether Mr. Thompson's objectivity in connection with an investigation of Chief Barasch had been compromised. Further, members of the audience felt the Board should ask for Mr. Thompson's resignation. Certain members of the audience raised questions relative to the promotion of a sergeant to a lieutenant and his appointment as provisional Chief over the two lieutenants who had been members of the group that made allegations against the former Chief. It was explained that the Police Commission had exercised its judgement in this regard. Toward the end of the discussion, the question was raised as to the scope of the investigation being conducted and a calling for an independent investigation by local residents. The Supervisor stated that he intended there to be a full and thorough investigation and that in addition to any • criminal investigation, there would be a determination as to whether there has been any diverting of funds which would give the Town the right to bring a civil action to recover such funds. In addition to Mr. Nealon and Mr. Lowman, others taking part in the discussion were: Anthony Gagliardi, Caroline Silverstone, Alexander Forger, Donald Mazin and Stephen Carr. lQIS1-6I 76- -51.)PM/150k L• 90 A -Mw IV a i-1 4AARo vsci N y____ - LUôcL ?OD p(r._45e. 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Adoption of Budger Calendar IIIFollowing some discussion, on motion by Councilman McMillan, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board hereby adopts the following Budget Calendar for the III 1982 Budget: 10/19 Public Hearing - Proposed Uses of Federal Revenue Sharing Funds 10/30 File Tentative Budget with Town Clerk 11/4 Clerk Submits Tentative Budget to Town Board 11/18 Set Date for Public Hearing - 1982 Budget 12/2 Public Hearing on Preliminary Budget and Federal Revenue Sharing Funds. 12/16 Adoption of Budget and it was further RESOLVED, that a public hearing will be III held by this Board at its next regular meeting of Monday, October 19, 1981 in the Auditorium of the Weaver Street Firehouse, Town of Mamaroneck for the purpose of considering the proposed uses of Federal Revenue Sharing Funds during the budget year 1982; and it was further RESOLVED, that the Clerk be, and she hereby is, authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, the Notice of said hearing as required by law. 3. Comptroller's Request - Authorization to Advertise for Bids- Office Supplies-Budget Year 1982 Pursuant to the Comptroller's request, on motion by Councilman McMillan, seconded by Councilman Bloom, 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 Office Supplies for the Budget Year 1982. -7- 1 4. Resignation - Commission of Human Rights-Mrs. Felicia Gossman Following presentation of the letter of resignation submitted by Mrs. Felicia Gossman, on motion by Councilman Amlicke, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby accepts with regret the resignation of Mrs. Ill Felicia Gossman from the Commission of Human Rights effective immediately. • 5. Salary Authorizations: a) Highway Superintendent Councilman Amlicke presented his memorandum to the Board and with pleasure on his motion, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board hereby authorizes that the annual salary of Patrick T. Leddy, heretofore appointed Superintendent of Highways, be set as $32,000. plus longevity, retro- active to August 5, 1981. b) Recreation Following presentation of the Recreation Superintendent's memorandum, on motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes payment to the following persons at the rates and effective dates listed: Carla Feuerbach, Rec. Asst. , Special Ed. Program, $20/session, effective 9/26/81; Wayne Pollak, Asst. Pool Director, annual rate $4500.00, effective 9/11/81 (to replace Thomas Auchterlonie) ; Richard Gill, Rec. Attd. , Memorial Park Tennis Courts, $2.50/hour, effective 9/6/81; Albert Gulia, Rec. Attd. , Hommock Ice Rink, $3.00/hour, effective 10/1/81; Dean Reben, Rec. Asst. , Open House, $30/session, effective 10/16/81; • Richard Rella, Rec. Asst. , Open House, $30/session, effective 10/16/81; Larry Armstrong, Rec. Asst. , Open House, $30/session, 111 effective 10/16/81; Barney Foltman, Rec. Asst. , Open House, $30/session, effective 10/16/81. -8- 6. Authorization - Youth Service and oecreation State Aid Application In accordance with the request of the Recreation Superintendent • and the Comptroller, on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes the Supervisor to execute the Youth Service and Recreation Project Application for submission to the New York State Youth Commission requesting State aid. • 7. Approval of Snow Removal Contract - County Roads-1981-82 Winter Season Following presentation of the letter and forms from the county of Westchester, on motion by Councilman McMillan, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Supervisor be, and he hereby is, authorized to execute the agreement between the Town of Mamroneck and County of Westchester for the removal of snow and ice from the County roads during the 1981-82 winter season. THE TOWN CLERK The Clerk presented the report of the Building and Plumbing Inspector for the month of September 1981. THE SUPERVISOR PROCLAMATION - "Yorktown Day"-October 19, 1981 In_accordance with the request of the Larchmont Chapter NSDAR, on motion by Councilman Amlicke, seconded by Councilman McMillan, the Supervisor was authorized to proclaim October 19, 1981 "Yorktown Day" commemorating the bi-centennial date of the winning of the battle of Yorktown, marking the end of the Revolution and the Victory. S THE COUNCILMEN Mr. McMillan - Not on Agenda Councilman McMillan announced with pleasure that cable television will be arriving in the tri-municipal area ahead of schedule in November. -9- Mr. Bloom 1. Apportionment Councilman Bloom submitted to the Board a report with respect to an apportionment, annexed hereto, and on his motion, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the recommendation of the Assessor's Office in the form annexed hereto, be, and it hereby is, in all respects approved relative to the property located at Shore Drive in the Village of Larchmont. -- — Shore Drive Larchmont TOWN CLERK REPORT OF TAX DEPARTMENT Apportionment in accordance with. Paragraph "Fifth", Section 557 of the Westchester County - Administrative Code (Chapter 852 of the Laws e! 1948 as amended) requested on property carried on the Assessment Roll of 1981-1982 taxes of • 1982. REASON: Pursuait to the Zoning Board of Appeals ( Village of . Larchmont) April. 15, 1981 DEPARTMENTAL RECOMMENDATION: That the property carried on the Assessment Roll of 1981-1982 1982 taxes of TO BE APPORTIONED BLOCK- PARCEL OWNER LAND IMPROVE. TOTAL 713 1 Anthony & Carol Carilli 10,600 10,600 APPORTIONED TO: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 713 1.1 Anthony & Carol Carilli 5,300 5,300 713 1.2 Anthony & Carol Carilli 5,300 5,300 ASS , SOR ACTION OF THE TOWN BOARD: Dated: October 5, 1981 At a meeting of the Town Board held the foregoing petition was Granted (Granted or Rejected) CERTIFIED FROM THE MINUTES T V�T N CLERK CLERK -10- 2. Proclamation - United Nations Day Councilman Bloom announced that the celebration in observance of the aforementioned would be held on Sunday, October 18, at 12:30 p.m. at the Scarsdale Library and on the motion of Councilman Bloom, seconded by Councilman McMillan, a proclamation was unanimously issued to urge all citizens to participate in programs and activities designed to increase understanding of the problems and potential of the United Nations and to develop ideas on ways to make the United Nations more effective. WHEREAS, United. Nations Day is designated by the UN General Assembly each to commemorate the founding of the Organization on October 24, 1945; and WHEREAS, on this occasion, we join with the peoples of the world in reaffirming our commit- ment to the principles upon which the UN was founded: international peace and security, respect for human rights, and the promotion of social and economic cooperation among nations. UN Day also gives us the opportunity to examine our involvement in the world's problems and their solutions; and WHEREAS, since the UN was founded 36 years ago, the world has changed dramatically, with the addition of more than 100 nations to its membership. In this global community, it is clear that the power to solve the world's problems no longer lies solely in the hands of a few nations. Instead, all nations must work together to relieve the suffering of millions, to halt nuclear proliferation, and to promote economic development; and WHEREAS, Americans have made a great contribution to the creation and continuing work of the United Nations. And as a part of our foreign policy, the UN is a channel through which the US can take productive for world peace and prosperity. Continued support for the United Nations can advance constructive goals that will benefit both the United States and the world. NOW, THEREFORE, I, Leo Goldsmith, Jr. , Supervisor of the Town of Mamaroneck, do hereby proclaim Saturday, October 24, 1981, as United Nations Day and urge all citizens to participate in programs and activities designed to increase understanding of the problems and potential of the UN and to develop ideas on ways to make the United Nations more effective. -11- ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, the meeting was declared adjourned at 11:55 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: AAA Emergency Supply Co. , Inc. $1,926.75 R.G. Brewer Hardware, Inc. 58.38 Brigante Lawnmowers 24.75 Excelsior Garage & Machine Works, Inc. 1,064.17 Exterminating Service Corp. 14.16 Vic Ferretti 325.00 Mid-Valley Petroleum Corp. 430.33 Mid-Valley Petroleum Corp. 526.53 Monte Press, Inc. 24.00 New York Telephone Co. 32.98 New York Telephone Co. 740.14 Portronix Communications, Inc. 5.25 Robert Reynolds 168.00 Deputy Chief Richard Shaw 22.19 Sico, Inc. 1,339.00 Uniform Rental, Inc. 49.99 Westchester Joint Water Works 91.41 R & F Auto Body 375.00 $7,218.03 ADJOURNMENT There being no further business to come before this Commission, on motion duly made and seconded, the meeting was declared adjourned at 11:58 p.m. Town Clerk -12-