HomeMy WebLinkAbout1978_05_03 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK HELD MAY 3, 1978 IN THE COUNCIL ROOM OF THE WEAVER
STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK.
CALL TO ORDER
The Supervisor called the meeting to order at 8:15 P.M.
ROLL CALL
Present: Supervisor Vandernoot
Councilman McMillan
Councilman DeMaio
Councilman Perone
Absent: Councilman Bloom
Also Present: Mrs. Miller - Town Clerk
Mr. Johnston - Town Attorney
Mr. DeLuca - Comptroller
Mr. Elfreich - Town Engineer
APPROVAL OF MINUTES
The minutes of the regular meeting of November 2, 1977 were presented
and on motion by Councilman DeMaio, seconded by Councilman Perone,
approved as submitted.
Supervisor Vandernoot stated that due to a technicality, the minutes
of the meeting of December 19, 1977 would be held and presented at
the next meeting.
OLD BUSINESS
1. Authorization - Supervisor to Execute Urban County Contract
Mr. Vandernoot briefly referred to the work to be done and noted
the cost of $3,000.00 Thereupon, on motion by Councilman DeMaio,
seconded by Councilman Perone, it was unanimously
RESOLVED, that the Supervisor be and he
hereby is authorized to execute the
contract between the Town of Mamaroneck
and the County of Westchester in order
that the Town be reimbursed under Urban
County funds for the clearing of the
Sheldrake River from Larchmont Gardens
Lake (Duck Pond) to the point where it
flows underneath the New England
Thruway, in the amount of $3,000.
At this time, with the consent of the Board, the Supervisor changed
the order of the agenda and moved on to Item 1 under NEW BUSINESS
since the Engineer was not as yet in attendance at this meeting.
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II
NEW BUSINESS
1. Resolution - Authorization - Installation of Valves - Palmer Avenue
Supervisor Vandernoot presented a letter addressed to him together
with a Plan, an Estimate and Data under date of April 19, 1978 by
John G. Hock, P.E. , Manager, Westchester Joint Water Works, herewith
ordered received and filed. Mr. Vandernoot reviewed in detail the
project and the need for said installation.
Following some discussion in which Councilman DeMaio asked how
long residents would be inconvenienced with the water out of
service, Supervisor Vandernoot answered that the Westchester
Joint Water Works would shut off the water at the least
inconvenient time, probably beginning late at night, and on
motion by Councilman DeMaio, seconded by Councilman Perone,
it was unanimously
RESOLVED, that this Board hereby authorizes the
Westchester Joint Water Works to install
additional 16-inch valves on transmission water
mains on Myrtle Boulevard and Thompson Street
and Palmer Avenue west of Blossom Terrace in
the Unincorporated Area of the Town of
Mamaroneck; Palmer Avenue and Rockland Avenue
and Palmer Avenue and Delancey Avenue in the
Village of Mamaroneck, the cost to the Town
of Mamaroneck being $5,200.00, which is 22.2%
of the total cost;
and be it further
RESOLVED, that the aforegoing resolution is
subject to the adoption of like resolutions
by the Village of Mamaroneck and the Town/
Village of Harrison.
2. Salary Authorizations:
a) Recreation
Pursuant to memorandum addressed to the Board by the Superintendent
of Recreation under date of April 26, 1978, herewith presented and
ordered received and filed and following some discussion in which
both Councilmen DeMaio and Perone expressed their desire to have
the hiring of recreation personnel presented to the Board prior
to the effective date of employment and that the Recreation
Superintendent be in attendance at Town Board meetings, on motion
by Councilman Perone, seconded by Councilman McMillan, it was
unanimously
RESOLVED, that as provided for in the 1978
Town Budget, this Board hereby authorizes
the following:
Michael Sudano, Senior Recreation Leader,
Lacrosse Program, be compensated at the
rate of $24.00 per session, effective
April 24, 1978;
Trevor Brown, Recreation Assistant,
Lacrosse Program, be compensated at
the rate of $5.00 per hour, effective
April 24, 1978;
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Dominick Pecora, Recreation Assistant,
Lacrosse Program, be compensated at the
rate of $2.20 per hour, effective
April 24, 1978.
b) Patrolman
III Following presentation by Supervisor Vandernoot of the memorandum
addressed to the Town Board by Chief Robert M. Barasch under date of
April 25, 1978, herewith ordered received and filed, and pursuant
to his explanation that this patrolman is replacing a retired
lieutenant and brings the compliment to forty, on motion by
Councilman Perone, seconded by Councilman DeMaio, it was unanimously
RESOLVED, that this Board hereby authorizes
that Patrolman Adam J. Libertella be
compensated in the amount of $14,900.00
per annum, effective as of May 11, 1978.
3. Authorization - Youth Service & Recreation State Aid Application
In accordance with the requests of the Recreation Superintendent
and the Teen Center, and after some questions regarding the
application, on motion by Councilman McMillan, seconded by
Councilman DeMaio, it was unanimously
RESOLVED, that this Board hereby authorizes
the Supervisor to execute the Youth Service
and Recreation Project Application and submit
III to the New York State Youth Commission
requesting State Aid in the amount of
$10,629.00 for the period from June 1, 1978
to May 31, 1979;
and be it further
RESOLVED, that this resolution is contingent
upon review of the application by the Supervisor
with the Comptroller.
At this time, upon noting the presence of the Town Engineer, Charles
Elfreich, the Supervisor reverted back to Item 2 under OLD BUSINESS.
2. Engineer's Request - Defer Date of Bids for Resurfacing Hommocks
Tennis Courts
Mr. Elfreich explained the unexpected delay in obtaining bids for
the above-captioned which involved a design problem and the need
for contractors to take more time to make bid estimates and asked
the Board's authorization to readvertise the bids.
A somewhat lengthy discussion followed in which Elinor Berlin,
III Town Chairman of the Democratic Committee complained to the
Board about the delay which leaves a very limited number of courts
for tennis playing by Unincorporated Area residents; Town Attorney
James J. Johnston raised the question of keeping the Hommocks
tennis courts closed until after the resurfacing is accomplished
with Councilman Perone adding comments about the high cost of
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insurance and possible liability suits with the courts being in
unplayable condition; and Councilman DeMaio suggested that the
Town should consider reducing the tennis permit fees for this year
due to the delay.
And thereupon, on motion by Councilman McMillan, seconded by
Councilman Perone, it was unanimously
RESOLVED, that the resolution adopted by
this Board on April 19, 1978 authorizing
publication of a Notice of Bids for
resurfacing of the Hommocks Tennis Courts
be and it hereby is rescinded;
and be it further
RESOLVED, that this Board hereby authorizes
publication in the official newspaper of
the Town of Mamaroneck, The Daily Times, of
a Notice of Bids for the resurfacing of the
Hommocks Tennis Courts in the Town of
Mamaroneck, said bids to be returnable on
June 5, 1978 and reported to the Board on
June 7, 1978.
At the suggestion of Councilman McMillan and unanimously agreed
upon by the Board, the Town Engineer was urged to work toward the
earliest possible return date for the bids.
NOT ON AGENDA
NEW BUSINESS
4. Authorization - Tax Lien Sale
In accordance with the memorandum addressed to the Board by the
Comptroller, Carmine A. DeLuca under date of May 3, 1978 and
herewith presented and ordered received and filed, on motion by
Councilman McMillan, seconded by Councilman DeMaio, it was
unanimously
RESOLVED, that this Board hereby authorizes
that the 1978 Tax Lien Sale be held on
May 18, 1978 at 10:00 A.M.
TOWN CLERK
Regular Reports
The Clerk presented the following reports which were ordered
received and filed:
Report of the Town Clerk for the month
of April 1978.
Report of the Building and Plumbing Inspector
for the month of April 1978.
1977 Annual Report of Operations of the
Westchester Joint Water Works.
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THE SUPERVISOR
1. Human Rights Commission - Reappointments
Pursuant to Supervisor Vandernoot's recounting of Mr. Fousek's,
Mrs. Gossman's and Mr. Carr's qualifications and service thus
far on the Human Rights Commission, on motion by Councilman
McMillan, seconded by Councilman Perone, it was unanimously
RESOLVED, that Mr. Peter Fousek, 21 York
Road, Town, Mrs. Felicia Gossman, 7 Daymon
Terrace, Town and Mr. Stephen K. Carr,
9 Myrtle Boulevard, Town be and they hereby
are reappointed members of the Commission
of Human Rights of the Town of Mamaroneck,
to serve for terms of office of three years
effective as of May 20, 1978 and terminating
May 19, 1981;
and be it further
RESOLVED, that Mr. Fousek, Mrs. Gossman and
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Mr. Carr be notified accordingly.
A question posed by Margaret Shultz regarding reports from the
Commission precipitated a discussion during which both Councilmen
DeMaio and Perone expressed concern that the Commission does not
meet unless a case is presented to them. Councilmen DeMaio
suggested that the Commission be requested by this Board to meet
periodically to update procedures and keep abreast of changing
legislation and Councilman Perone suggested that minutes of the
Commission's meetings be submitted to the Town Board. Supervisor
Vandernoot stated that the suggestions would be passed on to Council-
man Bloom, the liaison to that Commission, for followup with them.
2. Resolution re SBEA Ruling Additional Taxes for 1972-1973
Supervisor Vandernoot referred to the previously announced ruling
by the State Board of Equalization, the meetings attended by the
Town Attorney and the Town's decision to join with Scarsdale in
an appeal of the ruling and noted that the Board has now decided to
join other municipalities who have passed similar resolutions
requesting the County Board of Legislators to support its tax
commission by joining in any litigation. Whereupon, on motion
by Councilman Perone, seconded by Councilman DeMaio, the
following resolution was adopted by majority vote of the Board:
WHEREAS, on March 15th, 1978, the Town Board
of the Town of Mamaroneck authorized its Town
Attorney to retain special counsel so as to
appeal the adverse ruling of the State Board
of Equalization and Assessment (SBEA) which
holds said Town responsible for an additional
County Tax assessment amounting to $266,743
for 1972 and 1973,
and
WHEREAS, the County Board of Legislators has
employed the data furnished to it by the County
Tax Commission so as to apportion, levy and
collect taxes for County and State purposes
against the several towns and cities in Westchester,
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and
WHEREAS, the SBEA ruling of January 30th, 1978,
which ordered Mamaroneck and thirteen other
towns to pay additional taxes for the years
1972 and 1973 is based upon a finding that the
County tax warrants fixing the apportionment
and levies for the collection of County and
State taxes are incorrect,
and
WHEREAS, the tax deficits which the Town of
Mamaroneck is now being ordered to pay pursuant
to the ruling of January 30th, 1978 because of
errors of omission or commission committed by
the Westchester County Tax Commission, and not
because of any affirmative action of the Town
of Mamaroneck, this Board believes that the
County Legislature should join in in any
litigation which seeks to sustain the prior
determinations made by the Westchester County
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Tax Commission and adopted by the County Board
of Legislators,
NOW, THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board calls
upon the County Board of Legislators to join
in the prosecution of an appeal of the adverse
SBEA ruling against the fourteen towns and to
take such other affirmative action as it may
deem appropriate to give or grant legal or
financial help in the appeal process or other
means of relief and assistance to alleviate
or reduce to a minimum the adverse impact
that an additional tax will have on the
governments and taxpayers of the fourteen
towns so affected,
and be it further
RESOLVED, that a certified copy of this
resolution be sent to the Legislator of the
Seventh District and to the Clerk of the
County Board of Legislators,
and be it further
RESOLVED, that the Mamaroneck Town Board
respectfully requests the County Board of
Legislators to communicate its response to
the Mamaroneck Town Board on any action it
may elect to take on any of the foregoing.
NOT ON AGENDA
3. County Executive re Garbage Problem
The Supervisor spoke of a brief visit to his office by County
Executive Alfred Del Bello relative to the solid waste disposal
problem and noted that a meeting relative to that subject will be
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held on Thursday evening, May 4th. Mr. Vandernoot further stated
that it is disturbing to note that dumping at Croton will no longer
be possible after 1981 and that no alternate plan or site is in
the foreseeable future. In answer to a question he noted that
the Town of Mamaroneck has gone on record as being in favor of
the Grasslands site.
4. Preliminary Appraisals, George Derderian
Pursuant to the Assessor's request and following some discussion,
on motion by Councilman McMillan, seconded by Councilman DeMaio,
it was unanimously
RESOLVED, that the Town Attorney be and he
hereby is authorized to engage the services
of an expert appraiser, George Derderian to
appraise the Winged Foot Country Club and
Town owned property at a total cost of
$6,000.00 for preliminary analysis and
appraisal.
NOT ON AGENDA
THE COUNCILMEN
Mr. McMillan
1. Cable T.V.
Councilman McMillan noted that he had recently been contacted by
Mr. Birnbaum. General Manager of UA-Columbia Cablevision of Westchester,
(said firm having been awarded the franchise for the City of New
Rochelle), relative to the attachment of the company's cables to
poles within our municipality and stated further that the matter
has been referred to the Town's Cable T.V. Committee and that an
answer from that Committee will be presented at the next Town
Board meeting.
2. Expanded Pool Hours
Councilman McMillan called to attention the fact that he has been
receiving many calls relative to the extended pool hours and asked
the Supervisor to convey to the Recreation Commission that this
matter be on the agenda of their nest meeting. Supervisor Vandernoot
stated that the Recreation Commission's next meeting will be held
on Monday, May 8th and the matter of extended pool hours will be
taken up at that time since Mamaroneck School District Assistant
Superintendent Paul McDevitt has given approval for the extension.
Mr. Perone
1. Sun Day
Councilman Perone noted the observance of Sun Day and emphasized
the potential of solar energy noting that the Town has one of the
first solar energy committees. He took this opportunity to request
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that anyone interested in erecting a solar energy device should
contact the Town of Mamaroneck Solar Energy Committee.
2. County Law re Prisoners
Councilman Perone requested the Town Attorney to look into a
county law relative to the transportation of prisoners to and
1 III from the county jail and the Attorney General's opinion regarding
the law. He noted that possible reimbursement to the Town could
be forthcoming under the law.
THE TOWN ATTORNEY
1. Authorization - Commence Proceedings - Redwood Nursery
Following Mr. Johnston's request to the Board to commence the
above-captioned proceedings, Supervisor Vandernoot recognized
the presence of Benjamin and Regina Zarrilli, owners of the
Redwood Nursery and asked if they wished to address the Board.
A lengthy discussion followed Regina Zarrilli's explanation about
their use of the truck body on the property as a storage area.
A great deal of the discussion centered around Mr. & Mrs. Zarrilli's
previous application to the Zoning Board to build a storage garage
and following questions posed to them by Councilman Perone and on
his motion, which was amended and moved by Councilman McMillan and
seconded by Councilman Perone, it was unanimously
RESOLVED, that the owners of Redwood Nursery,
Mr. & Mrs. Benjamin Zarrilli, be and they are
III hereby permitted to maintain the truck body on
their property for the purpose of storage only
until July 1, 1978;
and be it further
RESOLVED, that the Town Attorney is and he
hereby is authorized to commence proceedings
if the truck body is not removed by July 1, 1978.
ADJOURNMENT
There being no further business to come before the meeting, on
motion duly made and seconded, it was declared adjourned at
9:32 P.M. , to reconvene on May 17, 1978.
BOARD OF FIRE COMMISSIONERS
The meeting of the Board of Fire Commissioners was convened immediately
upon the adjournment of the Town Board meeting.
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1. Claims
Pursuant to the memorandum addressed to the Commission by the
Deputy Comptroller under date of May 3, 1978, herewith presented
and ordered received and filed, on motion by Commissioner Vandernoot,
seconded by Commissioner McMillan, it was unanimously
RESOLVED, that this Commission hereby
authorizes payment of the following Fire
Department claims as approved by the Fire
Chief and audited by the Comptroller's
Office:
AAA Emergency Supply Co. , Inc. $ 840.00
AAA Emergency Supply Co. , Inc. 340.20
Barrier Oil Corp. 256.69
Excelsior Garage & Machine Works Inc. 54.50
Excelsior Garage &Machine Works Inc. 2,943.96
Lou Giacomo Service Center 14.00
I & T Plumbing 21.29
I & T Plumbing 34.40
Landauer Hospital Supplies 37.50
New York Telephone 418.76
New York Telephone 18.10
Edward J. Thomas Company 126.00
$ 5,105.40
2. Reports
There were no reports to come before the Commission.
3. Other Business
Commissioner Perone reviewed the impressive demonstration recently
held of the Jaws of Life tool and inquired about the bonding
procedures for the purchase of such a tool. Both Commissioner
Vandernoot and Comptroller Carmine DeLuca answered that the Board
was awaiting further information from the Fire Council.
ADJOURNMENT
There being no further business to come before the meeting, on
motion duly made and seconded, it was declared adjourned at
9:35 P.M. , to reconvene on May 17, 1978.
Town Clerk
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