HomeMy WebLinkAbout1994_02_16 Town Board Regular Minutes TOWN OF MAMARONECK
TOWN BOARD AGENDA
REGULAR MEETING-Wednesday, February 16, 1994 -Town Center Court Room- 8:15 PM
THE TOWN BOARD WILL CONVENE AT 7:00 PM INTO EXECUTIVE SESSION to discuss
Real Estate and Lease Agreement and then adjourn into a Work Session at 7:30 PM to discuss
incinerators.
CONVENE REGULAR MEETING
RECESS INTO EXECUTIVE SESSION
ADJOURN EXECUTIVE SESSION
CONVENE WORK SESSION
ADJOURN WORK SESSION
RECONVENE REGULAR MEETING
CALL TO ATTENTION-Location of Exits
PUBLIC HEARINGS - Sig n Law
-Borrowing of Funds -Purchase of Refuse Collection Truck
WESTCHESTER COUNTY UPDATE- Legislator George Latimer
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
SUPERVISOR REPORTS
REPORT OF THE COUNCIL
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Authorization-Lease Agreement-Temporary Fire House
3. Other Business
AFFAIRS OF THE TOWN
1. Traffic Committee Recommendation- Parking Ordinance- Wood Street
2. Authorization - Sale of Land- Corner of Howell Avenue and Weaver Street
3. Authorization - Roof Contract-Monroe School
4. Authorization - Waiver of Permit Fees -Installation of Dehumidification Equipment at
Hommocks Ice Rink
5. Adoption of Final Order-Ambulance District
6. Salary Authorizations -Recreation
Next regularly scheduled meetings -March 2, 1994
-March 16, 1994
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MINUTES OF THE REGULAR MEETING OF THE TOWN
BOARD AND THE BOARD OF FIRE COMMISSIONERS OF
THE TOWN OF MAMARONECK, HELD ON WEDNESDAY,
FEBRUARY 16, 1994 AT 8:15 PM IN THE COURT ROOM
OF THE TOWN CENTER, 740 W BOSTON POST ROAD,
MAMARONECK, NEW YORK.
CONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by Supervisor Price at 7:00 p.m., at
which time on motion duly made and seconded, the meeting was unanimously declared adjourned into
Executive Session in Conference Room A to discuss Real Estate and a lease agreement.
The Executive Session, on motion duly made and seconded, was unanimously declared adjourned at
7:35 pm at which time the Board opened their Work Session on incinerators. There were no
official actions taken at either session, and on motion made and seconded the Work Session was
adjourned at 8:30 pm.
RECONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by Supervisor Price at 8:35 pm.
Present were the following members of the Board:
Supervisor: Elaine Price
Councilwoman: Kathleen Tracy O'Flinn
Councilman: Paul A. Ryan
Councilwoman: Valerie M. O'Keeffe
Absent: Councilman-Barry Weprin, There was a death in the family.
Also present were:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Steven M. Silverberg, Town Counsel
William Jakubowski, Building Inspector
CALL TO ATTENTION
Supervisor Price pointed out to those assembled the locations of exits as required by law for public
gatherings.
PUBLIC HEARING - Sign Law
On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, the Public Hearing on the Sign
Law was opened.
The Supervisor explained that she had invited the Building Inspector to join us this evening to explain
the proposed changes to the law, and that also here on this matter was the Chairman of the Board
of Architectural Review, Bob Wassman, she thanked them both for attending, and asked Jake to
proceed.
The Building Inspector explained that refinement of the sign law was necessary to allow certain types
of signs, pointing out that the new E911 rules stated that addresses must be on the property and
we've outlined the sizes and types to be allowed; alarm signs are all over houses at present and the
proposed law would limit the number and area of signs; there would be a requirement that a sign
must have a permit number; there's a proposal that requests for banners be approved by the BAR,
at least some of them; there is an addition to the proposed law requiring the sign installer when filing
to show the intensity of lit signs
Bob Wassman stated that a sign ordinance must provide for a semblance of order in the commercial
areas yet allow reasonable identification and advertising to the business activity. He continued saying
that in a residential area this law does provide for protection from commercialization, from sign
pollution, while recognizing the importance of adequate identification of properties. Mr. Wassman
added that he was very pleased with these changes and hope that the Town Board agrees.
Supervisor Price asked if anyone wished to speak in favor or against the proposed amendments to
the sign law. There being no comments, she asked if any Board members wished to comment.
Councilwoman O'Flinn thanked the BAR, and that the major thrust of this law was aesthetics, which
has been a concern not only by this Board, but of many residents who have voiced their concerns
about excessive signage. She concluded that this law should prevent any further type of sign
pollution, while giving our businesses a certain amount of freedom, therefore I think its well-done, and
thanked Jake, as well as Mr. Wassman for their work on the law.
Councilman Ryan offered that this law should eliminate much confusion with the different standards
for signage, this is a well thoughtout document which specifies the criteria for signage, which should
also simplify the process.
Councilwoman O'Keeffe said that the BAR was under Mr. Wassman's leadership, and that she was
well-pleased with this law.
Supervisor Price commented that the Boston Post Road has changed drastically over the past ten
years, with many new businesses like The Gap, Staples, which is good for the area, but the whole
concept of the master plan was to bring a human scale to the Post Road. She said that it reflects
our identity as a Town that we have received many compliments for the way it now looks, and as we
know, more is not better with signage, it is visual pollution. She continued that by putting certain
restrictions on signage, we hope to attract competitive business, aesthetics mean more effective
and dynamic business, and we are far from finished, there's more to do.
The Supervisor and Board members then questioned certain aspects of the law and it was
determined that the section of pylon signs had to be revised and they therefore would have to
renotice the meeting for March 2, 1994.
On motion of Councilman Ryan, seconded by Councilman O'Flinn, it was unanimously,
RESOLVED, that the public hearing on the proposed sign law
amendments be adjourned to the March 2, 1994 meeting and that
the Town Attorney prepare the revisions as noted to the sign law;
and
BE IT FURTHER,
RESOLVED, that the Town Clerk publish the notice of Public
Hearing on the amendments to the sign law in an official newspaper
of the Town.
PUBLIC HEARING - Purchase of Refuse Collection Truck
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, the public hearing was declared
open.
Mr. Altieri explained that under the State Finance Law it is necessary when funds are borrowed that
a public hearing be held to present the purpose of the borrowing. He noted that the 1994 Capital
Improvement plan proposed a replacement of one refuse vehicle in Garbage District One, and the
proposal is to purchase a 1994, 25 yard international truck, purchased under New York State
Contract at a cost of $97,500.
There being no comments, on motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn,
the public hearing was closed.
_ -- RESOLVED, that the Town Board of the Town of Mamaroneck does
hereby authorize the purchase of a 1994 refuse collection truck at
a cost not to exceed $97,500 and that said purchase be made
under New York State Contract.
In the Matter
of • ORDER
the Increase and Improvement • CALLING
of Facilities of Refuse and PUBLIC
Garbage District No. 1 of HEARING
the Town of Mamaroneck,
Westchester County, New York
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WHEREAS, the Town Board of the Town of Mamaroneck, Westchester
County, New York, has duly caused to be prepared a plan and report
including an estimate of cost relating to the increase and
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improvement of Refuse and Garbage District No. 1 within said Town,
consisting of the purchase of a 1994 International Garbage Truck,
including incidental expenses in connection therewith, at a maximum
estimated cost of $97, 500 ; and
WHEREAS, it is now desired to call a public hearing on the
question of the increase and improvement of the facilities of
Refuse and Garbage District No. 1 in the matter described above,
and to hear all persons interested in the subject thereof,
concerning the same, in accordance with the provisions of Section
202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY
ORDERED, by the Town Board of the Town of Mamaroneck,
Westchester County, New York, as follows :
Section 1 . A public hearing will be held at The Town Center,
in Mamaroneck, New York, in said Town, on the 16th day of
February , 1994, at 8:15 o' clock P .M. , Prevailing Time, on
the question of the increase and improvement of the facilities of
IIIRefuse and Garbage District No. 1 within the Town of Mamaroneck,
Westchester County, New York in the manner described in the
preambles hereof, and to hear all persons interested in the subject
thereof, concerning the same, and to take such action thereon as is
required or authorized by law.
Section 2 . The Town Clerk is hereby authorized and directed
to cause a copy of the Notice of Public Hearing hereinafter
provided to be published once in the Daily Times , the
newspaper hereby designated as the official newspaper for this
purpose, and also to cause a copy thereof to be posted on the sign
board of the Town, such publication and posting to be made not less
than ten, nor more than twenty, days before the date designated for
the hearing.
Section 3 . The notice of public hearing shall be in
substantially the following form:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Mamaroneck, Westchester County, New York, will meet at The Town
Center, in Mamaroneck, New York, in said Town, on the 16th day of
February , 1994, at 8:15 o' clock P .M. , Prevailing Time,
for the purpose of conducting a public hearing upon a certain plan
and report prepared in relation to the proposed increase and
improvement of the facilities of Refuse and Garbage District No. 1
within the Town of Mamaroneck, Westchester County, New York,
consisting of the purchase of a 1994 International Garbage Truck,
including incidental expenses in connection therewith, at a maximum
estimated cost of $97, 500 .
At said public hearing said Town Board will hear all persons
interested in the subject matter thereof .
Dated: Mamaroneck, New York
February 4 1994
BY ORDER OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK
By Patricia A. DiCioccio
Town Clerk
Section 4 . This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly
put to a vote on roll call, which resulted as follows :
Valerie M. O'Keeffe VOTING AYE
Paul A. Ryan VOTING AYE
Kathleen Tracy O'Flinn VOTING AYE
Elaine Price VOTING AYE
VOTING
The Order was thereupon declared duly adopted.
STATE OF NEW YORK
ss :
COUNTY OF WESTCHESTER ) -
I, the undersigned Clerk of the Town of Mamaroneck,
Westchester County, New York, DO HEREBY CERTIFY:
That I have compared the annexed extract of the minutes of the
meeting of the Town Board of said Town, including the order
contained therein, held on February 16 , 1994, with the original
thereof on file in my office, and that the same is a true and
correct transcript therefrom and of the whole of said original so
far as the same relates to the subject matters therein referred to.
I FURTHER CERTIFY that all members of said Board had due
notice of said meeting.
I FURTHER CERTIFY that, pursuant to Section 103 of the Public
Officers Law (Open Meetings Law) , said meeting was open to the
general public.
I FURTHER CERTIFY that, PRIOR to the time of said meeting, I
duly caused a public notice of the time and place of said meeting
to be given to the following newspapers and/or other news media as
follows :
Newspaper and/or other news media Date given
The Daily Times February 4, 1994
IllI FURTHER CERTIFY that PRIOR to the time of said meeting, I
duly caused public notice of the time and place of said meeting to
be conspicuously posted in the following designated public
location (s) on the following dates :
Designated Location (s)
of posted notice Date of Posting
Town Clerk's Bulletin Board February 4, 1994
IN WITNESS WHEREOF ' I have
hereunto set my hand and affixed
the seal of said Town on March 7 , 1994 .
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Town terk
(CORPORATE
SEAL)
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Price at 8:55 pm in the Court Room.
Present were the following members of the Commission:
Commissioner: Elaine Price
Commissioner: Kathleen Tracy O'Flinn
Commissioner: Paul A. Ryan
Commissioner: Valerie M. O'Keeffe
- Secretary to the Commission: Patricia DiCioccio
Michael Doherty, Fire Chief
Joseph Mirabella, 1st Chief
Members of the Fire House Building Committee
1. Fire Claims
Commissioner O'Keeffe presented fire claims for authorization of payment and on her motion,
seconded by Commissioner O'Flinn, 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:
OPERATING FUND
Cellular One $ 96.28
Coyne Textile Services 53.59
NFPA 351.00
Sound Shore Fire Protection 107.53
Standard Fuse Corp 140.04
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State Insurance Fund 10,080.00
Thomas Landau, MD 360.00
Thomas Landau, MD 180.00
William Primoroso 375.00
Town of Mamaroneck Professional 102.18
United Data Supply Inc. 77.00
Westchester Orthopedic Association 400.00
TOTAL $12.322.62
2. Authorization - Lease Agreement-Temporary Fire House
The Supervisor informed the Board that this was the lease agreement between the Town and Frank
and Antoinette Auricchio to lease space at a building located at 5 Fifth Avenue, which would serve as
a temporary Fire Headquarters. She noted that the Town would occupy the space for fifteen
months, with a provision for an additional three months if necessary; the rent would be $75,000 for
the term of the lease.
Mr. Silverberg pointed out two typographical errors in the lease, one on the first page which says
May 1994, should be May 1995; and the rider provision on the first page refers to paragraph 50,
which has been changed in revisions to paragraph 49, which lists the items that the landlord is
supposed to correct. He also told the Board that the fence posts, which are also referenced in
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paragraph 49, are being added for safety and we should add that if further measures need to be
taken that the landlord will bear the responsibility for them.
The Supervisor asked if anyone from the fire department had any question regarding the lease. It
was asked how long the move would take, the Are Chief said that the Construction Manager wanted
them out as soon as possible, so they had planned to start moving files, and things like that
beginning in April, but the actual down time for alarms would not be for more than a day.
The Supervisor said that the demolition of the Are House would not start before June is not
plausible, so to be in the new building in April with the construction not starting until June does not
make economic sense, unless its really May that demolition will begin.
The Fire Chief said that its his understanding that demolition could begin the day that they move out
of the firehouse. There then ensued a lengthy discussion regarding the scheduling of the move,
demolition, and construction. It was the consensus of the Board that this lease be renegotiated to
either a March 15 to April 1 move-in date, therefore the item was put over to the March 2nd
agenda.
3. Payment Authorization - Construction Manager
Mr. Altieri told the Board that this item would authorize payment to the Construction Manager for
the expenditures to hire a laborer and carpenter that he will utilize for preparation work during
construction, and that according to the union contracts this must be paid on a bi-weekly basis. He
went on saying that what was being requested this evening was maximum amount of $18,000 and
to allow weekly payment to Tartaglione Construction Consultants for these expenditures. After a
brief discussion,
On motion of Commissioner Ryan, seconded by Commissioner O'Keeffe, it was unanimously,
RESOLVED, that the Board of Fire Commissioners hereby
authorizes payments to the construction manager for the expenses
of a laborer and carpenter in an amount not to exceed $18,000.
BE IT FURTHER,
RESOLVED, that such payments shall only be made upon submission
to the Town of a purchase claim form with appropriate supporting
documentation.
4. Salary Authorizations - Fire House Renovations
The Administrator said that this authorization would be to hire painters as members of the Town
staff to do some of the removal of paint associated with the renovation, and that the Construction
Manager had said that this should save a great deal of money by not having to hire an outside
contractor. He then offered the names of William Rivers and John Vital.
On motion of Commissioner Ryan, seconded by Commissioner O'Keeffe, it was unanimously
RESOLVED, that the Board of Fire Commissioners hereby
authorizes the salary payment of $8.62 per hour to William Rivers,
and John Vitale, effective February 23, 1994 to perform duties as
prescribed by the Construction Manager at the Weaver Street Fire
House.
5. Other Business
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The Fire Chief wanted to know why he had not been included in a meeting that had been held with
the new landlord and Mr. Altieri. Mr. Altieri said that there had been a question that he thought he
would be able to resolve quickly. He reiterated that there were other meetings that are being held
without his knowledge.
There being no further business to come before this Commission, on motion duly made a seconded
the meeting adjourned at 9:45 pm.
2_- The Supervisor introduced George Latimer, our County Legislator, who had an update for us.
The County Legislator outlined the following:
That he had received numerous complaints regarding conditions on Murray Avenue during the
continuous snow and ice, and that a great deal of patchwork was being done. That he hoped that
resurfacing would begin by late spring.
Transfer Station situation hasn't changed, but that through contacting the County Administrator, he
thought that we may have a better chance at a hearing on the issue. I will set up a meeting.
He said that should there be any further grant applications made to the County, we should contact
him for advocacy purposes.
He passed out a draft of the County 1994 Joint Legislative Package,
which represents the issues that have been prioritized by the legislators.
There was then a discussion regarding different issues, taxes, court system, assessments, and the
Coastal priorities of the County.
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
No reports
AFFAIRS OF THE TOWN
1. Appointments - Planning Board
- Board of Architectural Review
Councilman Ryan outlined the qualifications of Richard Darsky, who is an attorney, receiving his law
degree from Fordham, he is primarily practices Real Estate Law, and has also worked with Willkie,
Farr and Gallagher, our Bond Counsel. He said that Mr. Starsky will bring a great deal of experience
and expertise to the Planning Board, and
On his motion, seconded by Councilwoman O'Flinn, it was unanimously,
RESOLVED, that the Town Board hereby appoints Richard H.
Starsky, of Briar Del Circle as a member of the Planning Board,
said term of office to begin immediately and for a full term of seven
years, expiring July 31, 2000.
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The Supervisor offered the name of Linda Harrington as the other appointment to the Planning
Board, outlining that Linda long been involved in Town issues, that she has a financial background,
with a concern of environmental issues.
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On the motion of Supervisor Price, seconded by Councilman Ryan, it was unanimously.
RESOLVED, that the Town Board hereby appoints Linda S.
Harrington, 742 Forest Avenue as_a member of the Planning
Board, said term of office to begin immediately to fill an unexpired
term, said term expiring July 1997.
BAR Appointment
The Supervisor explained that the next appointment was necessitated because Mr. Heisel had
resigned due to business obligations. She put forth the name of Edward.Jacobson, who has worked
on projects in New York City, England, and many other place around the world, he has his degree
from Harvard.
RESOLVED, that the Town Board hereby appoints Edward
Jacobson, 15 Hillside Road, as a member of the Board of
Architectural Review, said term of office to begin immediately to fill
an unexpired term, said term expiring December 1997.
2. Set Public Hearing Date -Wood Street Parking Ordinance
The Supervisor said that the Board had received a recommendation from the Traffic Committee that
a parking limit be established on Wood Street.
Councilwoman O'Keeffe stated that she had attended the meeting where this had been discussed
and there was a complete agreement on the limit of two hours, therefore:
On her motion, seconded by Councilman Ryan, it was unanimously,
RESOLVED, that the Town Board does hereby set the date of
Public Hearing on the parking limitation on Wood Street, for March
2. 1994; and
BE IT FURTHER,
RESOLVED, that the Town Clerk publish the notice of public hearing
in an official newspaper of the Town.
3. Authorization - Sale of Land - Corner of H ,well Avenue and Weaver Street
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The Administrator said that he had been contacted by Louis Cozzi, who has contracted to buy a
home at 80 Howell Avenue which is on the corner of Weaver Street, and which is adjacent to a
thirty foot wide by sixty foot long piece of land owned by the Town. He continued that this Town land
had an easement, granted in 1913, which allowed them to construct a driveway. He went on saying
that Mr. Cozzi had discovered that the driveway falls outside the easement, and that there is
concern that it may impede his ability to obtain financing and title insurance, so he had offered to buy
the property. Mr. Alfieri said that he had contacted the Assessor who has valued the land at
$2000, and since the land serves no purpose to the Town, I would recommend its sale.
Mr. Silverberg commented that he had suggested the sale of the property when Mr. Cozzi had
approached him to either modify the easement or to buy the land, as the land now is actually a
liability with the driveway running across it.
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On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously,
WHEREAS, the Town owns a certain parcel of land located at the
corner of Howell Avenue and Weaver Street ['the property']
adjacent to 80 Howell Avenue, and
WHEREAS, the Town previously granted an easement across the
property to the adjoining property owner for the purpose of
constructing a driveway; and
WHEREAS, the adjoining property owner has constructed a
driveway across the property; and
WHEREAS, the Town has not utilized the property for a period of at
least eighty [80] years and has no need for the property; and
WHEREAS, the Town Assessor has determined that the property
has a value of no more that Two Thousand [$2,000.00] Dollars;
IT IS NOW THEREFORE,
RESOLVED, that the Town Board does hereby declare the property
located at the corner of Howell Avenue and Weaver Street in the
Town of mamaroenck is hereby declared surplus property; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the sale of the
property to Louis Cozzi, provided Mr. Cozzi purchases the property
known as 80 Howell Avenue, for a sum of Two Thousand
[$2,000.00] Dollars; and
BE IT FURTHER,
RESOLVED, that this resolution is subject to permissive referendum
and that the Town Clerk be requested to publish the appropriate
notice in accordance with Town Law.
4. Authorization - Roof Contract - Monroe School
Mr. Alfieri said that the 1994 Town Budget included an appropriation of $10,000 for the
replacement of the roof on the Monroe School, and that several quotes had been obtained, the
lowest of which was $5,845. He said that he would recommend that this contract be authorized.
Councilwoman O'Keeffe stated that she would rather see the roof patched, I hate to spend $6,000
on items that benefit very few residents.
On motion of Councilwoman O'Flinn, seconded by Councilman Ryan,
RESOLVED, that the Town Board hereby awards the contract for
the replacement of the roof at the Monroe School to Angus
Theriault and Sons of Mamaroneck, for a total cost of $5,845; and
BE IT FURTHER, .
RESOLVED, that the Administrator be authorized to enter into the
contract on behalf of the Town.
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Ayes: Ryan, O'Rinn, Price
Nays: O'Keeffe
5. Authorization -Waiver of Permit Fees - Installation of Dehumidification Equipment at Hammocks
Ice Rink
On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously,
RESOLVED, that the Town Board hereby authorizes the waiver of
any and all permit fees associated with the installation of
Dehumidification Equipment at the Hammocks Ice Rink.
6. Adoption of Final Order - Ambulance District
The Supervisor said that this item would be held over to the next meeting.
7. Salary Authorization - Recreation Department
On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously
RESOLVED, that as provided for in the 1994
Town Budget, authority is hereby requested for the payment of
salary to the following:
John Peter Spader, Alt. Junior Hockey Instructor, $4/hr, effective
retroactive to 1/28/94.
ADJOURNMENT
The Supervisor said that she would like to adjourn this meeting in memory of Sol Weprin and Ivan
Stanley Latimer, fathers of two of our own, one being our county legislator, the other our
councilman.
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the Board adjourned into an
executive session to discuss contracts.
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Patricia A. DiCioccio, Town Clerk
Town of Mamaroneck
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