Loading...
HomeMy WebLinkAbout1981_11_18 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 18TH DAY OF NOVEMBER 1981 IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. Councilman Bloom called the meeting to order at 8:15 p.m. Present were the following: Councilman Lee H. Bloom Councilman Stewart J. McMillan Councilwoman Charlotte P. Monsell Councilman Thomas R. Amlicke Supervisor Leo Goldsmith, Jr. was not in attendance at this meeting. Also present were the following: Dorothy S. Miller, Town Clerk Carmine A. DeLuca, Tomptroller At this time Councilman Bloom pointed out to those assembled the location of the exits as required by law for public gatherings, and then with the approval of the Board changed the order of the agenda and took up Items #1 and #2 under NEW BUSINESS NEW BUSINESS 1. Request to Install Solid Fuel Burning Appliance and Chimney - 97 Madison Avenue The above-noted request was presented and after a brief discussion when the Board was assured that preliminaries had been approved, on motion by Councilwoman Monsell, who noted the desire to have the code changed as opposed to requiring the applicants to appear before this Board, seconded by Councilman Amlicke, 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 Class "A" metal chimney as shown on the plans and in accordance with the manufacturer's specifications, in the residence located at 97 Madison • Avenue, Town of Mamaroneck. 2. Request to Install Solid Fuel Burning Appliance and Chimney - 57 Moran Place The above-noted request was presented and following some discussion and after the Board was assured that preliminaries had been approved, on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously -1- 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 Class "A" metal chimney as shown on the plans and in accordance with the manufacturer's specifications, in the residence located at 57 Moran Place, Town of Mamaroneck. The meeting was then returned to the order of the agenda. ADJOURNED PUBLIC HEARING: Special Permit Application - Proposed Addition to Cook's Restaurant-Melron Amusement Corporation On motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the adjourned Public Hearing be, and it hereby is, reopened. Councilman Bloom reviewed the application and explained the reasons for the several adjournments and then read the letter received from the State Department of Transportation, which was made a part of the record of this public hearing. Mr. Sirlin, Attorney for the Applicants, told the Board that his clients would comply with recommendations if the permit is granted. Councilman Amlicke asked Mr. Sirlin specific questions relative to the loss of parking spaces if changes in the plans were made to conform with the State recommendations. Mr. Sirlin reiterated his statement relative to his clients' desire to comply, but also stated that he could not answer specifics at this time. Councilman Bloom also asked questions relative to the parking spaces which he noted was critical since the plans called for a minimum number of spaces and that could now remain the same or be reduced. Councilman McMillan noted that he was disturbed about the possibility of a reduction in the number of parking spaces, especially in the light of a possible change of use in the future which this Board would have to consider or if the lease for the parking lot is not renewed. A rather lengthy discussion followed during which Otto Scheuble addressed the Board speaking against the application; Caroline Silverstone raised the question of asking the State D.O.T. to study the Post Road relative to prohibiting left turns; Jerry Glaser addressed the matter of the discontinuance of using off-duty policemen as security guards to maintain order at the restaurant and reiterated his previous statement about the noise problem for • the neighbors; Marsha Kirchoff referred to the restaurant's violations under the previous owners; Mrs. Kalmanson described a specific disturbance incident at the restaurant; Leonard Martin referred to the possible loss of parking spaces and Mrs. Glaser referred to Saturday being the busiest at the restaurant and wondered if the study had been made on that day; and Mr. Glaser noted that if the parking spaces were to be moved further back, a hazardous situation would be created. Councilman Bloom noted that if the permit were to be granted, certain conditions could be imposed, but did not feel that mandatory security guards could be one of those conditions that the Planning Board's -2- denial was due to traffic and noise and not based on any previous violations to Town Codes; and reminded everyone that the applicant has the right to be heard and then it is this Board's obligation to let them be heard and take into consideration all views presented in making a decision. Mr. Sirlin then spoke again in his clients' behalf and noted that an Alcoholic Beverage Commission Law was the reason off-duty policemen are no longer on the premises as security guards and asked the Board for a continuance of this hearing in order to allow him time to confer with his clients relative to the recommendations made by the State Transportation Department. • Thereupon, a motion by Councilman McMillan, who felt Melron should be given an opportunity to present a full case and seconded by Councilman Amlicke, to continue the public hearing at the next meeting for the specific purpose of discussing the situation of parking spaces, failed because of a tie vote with Councilman Bloom and Councilwoman Monsell voting against. Then on motion by Councilwoman Monsell, seconded by Councilman McMillan, it was unanimously RESOLVED, that this public hearing be, and it hereby is, declared closed. Mrs. Monsell then made another motion to deny the special permit application because the nature of the use may change in the future, it will cause increased traffic and noise and becuase she interpreted the State recommendations as meaning loss of parking spaces. Her motion failed due to the lack of a second. Councilman McMillan renewed his motion for continuance citing his belief that any applicant coming before this Board should have the opportunity to present his case fully and have all information considered, but it failed due to the lack of a second. Thereupon, after a brief discussion relative to whether it would be possible to consider any new evidence, on motion by Councilwoman Monsell, seconded by Councilman Amlicke, the following resolution was adopted by majority vote of the Board with Councilman McMillan voting in the negative: RESOLVED, that this Board hereby denies the Special Permit Application of Melron Amusement Corporation relative to the proposed addition to Cook's Restaurant. Councilman Amlicke stated that he had considered all information provided, but had not heard anything to make him disagree with the Planning Board's recommendation. Councilman Bloom stated that the Planning Board was this Town's agent with special expertise and acts in an advisory capacity and he finds it difficult not to act in accord with their recommendations unless they are legally wrong and he touched on several issues such as the adequacy of parking and a possible change in use which would mean more people and less parking. Councilman McMillan reiterated that Melron should have had the opportunity to give a further presentation if their Attorney felt it was necessary. Councilman Bloom noted, finally, that careful and diligent attention had been given to this matter and found it to be a difficult decision. -3- APPROVAL OF MINUTES The minutes of the regular meeting of October 5, 1981 were presented and on motion by Councilman Amlicke, seconded by Councilwoman Monsell, unanimously approved with corrections. OLD BUSINESS 1. Report of Bids ® a) Seven Police Cars A somewhat lengthy discussion followed the presentation of the Comptroller's memorandum during which Margaret Shultz questioned why the Town is going back to larger cars and noted that too much idling is done by the officers. Councilman Amlicke explained that this (purchasing larger cars) is being done on the recommendation of the Police Chief based on experience and after checking with other communities. It was further noted that time and study had gone into this decision and that the Chief would be asked to remind officers to cut down on idling time and also that the maintenance on these cars would be done by Town employees. Thereupon, on motion by Councilwoman Monsell, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder, namely Scarsdale Ford for six (6) Police Patrol Cars and one (1) Unmarked Car in the amount of $67,600.00.. b) Radio Base Station and 3 Mobile Radios The Comptroller's memorandum was presented and some discussion followed during which a representative from Motorola, Inc. , Tim Willins, addressed the Board relative to the lack of trade-in specifications. He was advised by the Comptroller that specifications were made by the Police Department for their needs and only the sale price was to be considered. In answer to a question by Mrs. Silverstone, the Comptroller noted that warranties are a part of the total price. Thereupon on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder, namely Albertson Communications, for a Radio Base Station and 3 Mobile Radios in the amount of $5,895.00. 2. Set Date for Public Hearings - 1982 Preliminary Budget and 1982 Proposed Uses of Federal Revenue Sharing Funds Pursuant to the Board's previous approval of the Preliminary Budget for 1982, the first public hearing on the Uses of Federal Revenue Sharing Funds and the Budget Calendar, on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Town Clerk give Notice of Public Hearing in the manner provided in Section 108 of the Town Law, and that the Notice be published and posted in substantially the following form: (see next page) -4- • PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Preliminary Budget of the Town of Mamaroneck, New YOrk, consisting of .the estimated revenues for. the year 1982, has been completed and filed in the Office of the Town Clerk of said Town, where the same may be examined by any person interested therein and that a public hearing on said Budget together with the uses of $166,200. of Federal Revenue Sharing Funds will be • held by and before the Town Board of said Town on Wednesday evening, . • December 2,.1981 at 8:15 O'clock in the Auditorium of the Weaver Street Firehouse, Weaver Street, Town. of Mamaroneck, New York at which time and place all those who appear and are interested will be given an opportunity to be heard with respect to said Preliminary Budget, or any part or item thereof and the uses of said Federal. Revenue Sharing Funds. Please take further notice, that the proposed salaries of the members of the Town Board are as follows: Supervisor - $12,000.; Town Councilmen .(4) - $2,000. each; and that the proposed salary of the Town Clerk is $25,805. By Order of the Town Board Town of Mamaroneck Dorothy Sands Miller Town Clerk and be it further RESOLVED, that Notice shall be published in the following newspaper having general circulation with the Town: The Daily Times on • November 21, 1981. NEW BUSINESS Items #1 and #2 were taken up earlier in the meeting. 3. Salary Authorizations: Pursuant to presentation of the Recreation Superintendent's memorandum and clarification by Councilman Amlicke that Peter Clinton will be paid only at one rate when on duty in both' positions at the same time, on his motion which was seconded by Councilman McMillan, it was unanimously -5- RESOLVED, that this Board hereby authorizes payment to the following persons at the rates and effective dates listed and for the positions stated: Daniel Corrado, Rec. Attendant, Hommocks Ice Rink, $2.75/hour, effective 11/11/81; III Carolyn O'Gorman, Rec. Aide, Hommocks Ice Rink, $2.75/hour, effective 11/13/81, (replacing Amy Friedman) ; Peter Clinton, E.M.T. , Hommocks Ice Rink, $4.00/hour, • effective 11/11/81, (replacing Joann Ciota) ; Peter Clinton, Asst. Manager, Hommocks Ice Rink, $5.00/hour, effective 11/11/81, (replacing Michael McConville) . b) Highway Upon presentation of Mr. Leddy's memorandum, on motion by Councilman Amlicke, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board hereby authorizes that Robert W. O'Connor, Laborer, be compensated at the rate of $3.50 per hour, effective November 10, 1981, on a temporary basis for leaf pick-up through December 18, 1981, replacing Steven R. Brown. III Clarifications were made in answer to Mrs. Silverstone's query about leftover funds in the Highway Budget due to retirement, death and illness. She also requested that vacations of that department's employees be limited during leaf pick-up time. Councilman Amlicke cited union contract restraints relative to vacation limitations. Mrs. Shultz once again requested that a leaf pick-up schedule be considered and the difficulty in implementing such a. plan was explained. COMMUNICATIONS Letter, Edward P. Tanenbaum re Novak Property, Old Hommocks Road A lengthy discussion followed the presentation of the above-captioned letter. Mr. Tanenbaum addressed the Board alerting them to his client's problem and asked whether Hommocks Road is public or private after he read excerpts from the Town Board minutes of July 1, 1964. Councilman Bloom explained that it was inappropriate for Mr. Tanenbaum to be bringing this matter to the Board before first III filing for a subdivision with the Town Engineer for submission to the Planning Board and outlined the procedure to be followed by him and his client, Mrs. Novak. Mr. Bloom also noted that although it would seem that the Town has treated Hommocks Road as a public III street and even though it was included in a broadly worded resolution adopted on July 1, 1964, it has not been accepted by way of the required Town resolution. Following Mr. Tanenbaum's reference to an Article 78 Proceeding, Councilman Bloom again advised him to file an application with the Building Inspector and plans with the Engineer and if rejected, then he could return to this Board. -6- THE COUNCILMEN Mr. Amlicke 1. Revision - Recreation Department Budget Councilman Amlicke explained that his request is for an energy cost study to be conducted relative to the Hommocks Ice Rink and reviewed the discussions on this topic at several Recreation Commission meetings. He further noted that Commission members had searched for a local person who would perhaps do this free, but to no avail and the Commission has recommended that Manfred Moses, P.E. , President of AMS Technical Group, Inc. conduct the study. Mr. Amlicke was advised to bring this matter up at the Budget Hearing for inclusion in the 1982 Budget. 2. Highway Budget Request for 1982 Councilman Amlicke presented three items that had not been included in the Highway Budget request for 1982, namely a front end loader, a base station radio and antenna and an increased figure over that one of 1981 for work gloves. After some discussion, Mr. Amlicke was again advised to present these matters during the budget hearing. Mr. McMillan 1. Report - Decision-Larchmont Village re Soccer Fields Councilman McMillan reviewed this Board's offer to Larchmont Village to help with the reconditioning of the Flint Park Soccer Fields and noted that it would be in the nature of materials, machinery and labor equal to $10,000.00 which is to be a one-time gift or contribution. He further referred to the Larchmont Board of Trustees' hesitancy to accept the offer and this Board's assurance of no strings attached, but merely a way of thanking them for the use of the fields while the Hommocks fields have been non-usable. Mr. McMillan stated that the wording of an agreement is to be worked out. Mr. Bloom 1. Proposal re Larchmont and Mamaroneck Villages Liaisons Councilman Bloom referred to his recommendation at the last meeting of this Board relative to establishing liaisons for both Villages and noted the Supervisor's request that this matter be deferred until the idea has been conveyed to the Villages. 2. Traffic Study Councilman Bloom asked the Clerk to obtain a copy for distribution to this Board of the private traffic study done of the area in and around the Larchmont Railroad Station and presented to the Larchmont Village Planning Board. At this time Mrs. Miller advised of her telephone conversation with Mr. Wickeri of the State Department of Transportation in Poughkeepsie relative to this Board's previous request for a traffic study to be conducted by D.O.T. and noted that he told the Clerk that his Department only conducts studies on State roads. Councilman Bloom stated that the matter should be pursued further. -7- 3. Town and County re Senior Citizen Smoke Alarms Councilman Bloom reported that the reason why the Town has yet to make the smoke alarms being offered by the County available to the senior citizens of this area is because there has been some reservation about the wording of the agreement that would be signed between the County and the Town. He further noted that he hoped the matter could be clarified soon. ADJOURNMENT • There being no further business to come before the Board, on motion duly made and seconded, the meeting was declared adjourned at 10:40 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. $ 41.75 Albertson Communications, Inc. 54.00 Con Edison 26.21 Con Edison 2.00 Con Edison 3.00 Dri-Chem Extinguisher Co. 15.00 Excelsior Garage & Machine Works, Inc. 98.12 Exterminating Service Corp. 28.32 Franklin Cleaners 372.70 Gannett Westchester Rockland Newspapers, Inc. 12.16 I & T Plbg. & Htg. Co. , Inc. 260.00 The Larchmont Store 23.98 Edward Lasus, Inc. 45.00 Edward Lasus, Inc. 64.00 Lawrence Heat & Power Corp. 729.95 Maple Maintenance Co. 226.56 • Margolius Men's Wear 350.00 Mid-Valley Petroleum Corp. 370.00 The New Rochelle Water Co. 108.21 New York Telephone 686.34 New York Telephone 32.98 Office Essentials, Inc. 23.99 Office Essentials, Inc. 224.60 Deputy Chief Richard Shaw 3.59 Signacon Controls, Inc. .401.00 Uniforn Rental, Inc. 55.03 Westchester Joint Water Works 7,925.00 $12,184.29 -8- 2. Report of Bids - Fire Chief Vehicle The Comptroller's memorandum enumerating the bids received was presented and on motion by Commissioner Monsell, seconded by Commissioner Amlicke, it was unanimously RESOLVED, that this Commission hereby accepts the bid of the second low bidder, namely New Rochelle Dodge, for one Fire Chief's Car in the amount of $8,077.65, since the low bidder was P rejected because specifications were not followed. ADJOURNMENT There being no further business to come before this Commission, on motion duly made and seconded, the meeting was declared adjourned at 10:45 p.m. Town Clerk • -9-