Loading...
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 • • 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 • 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 3 • 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 . (----D :- 1 CIA-----:-C---) k, Ilk . :..... -- , __ ,_ 1 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 • 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 .6 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 7 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. C 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. 8 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 " 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. 9 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. 10 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. 1 cam_ tit Patricia A. DiCioccio, Town Clerk Town of Mamaroneck 11