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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. -1- 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; -2- I 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 -3- 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. -4- 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 li 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, -5- 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 Y 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 -6-- 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 -7- 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. IIII - -8- 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 -9-