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HomeMy WebLinkAbout1995_02_15 Town Board Regular Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, February 15, 1995 -Town Center- Court Room - 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM into a Work Session to discuss cellular antennas and adjourn at 7:30 PM into an Executive Session to discuss pending litigation.. CONVENE REGULAR MEETING RECESS INTO WORK SESSION ADJOURN WORK SESSION CONVENE EXECUTIVE SESSION RECESS EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits SWEARING IN OF TOWN OF MAMARONECK FIRE CHIEFS BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business PUBLIC HEARINGS -Amendment to the Zoning Ordinance Establishing Regulations for Cellular Telephone Facilities AFFAIRS OF THE TOWN 1. Resolution - Cablevision of Westchester, Inc. 2. Set Date - Public Hearings -Westchester Joint Water Works - Increase to Fees -Town Clerk's Office 3. Authorization - Open Money Market Account 4. Salary Authorizations - Paramedic - Recreation ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings - March 1, 1995 - March 15, 1995 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. 1 REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON WEDNESDAY, FEBRUARY 15, 1995 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NY CONVENE EXECUTIVE SESSION Work Session of the Town Board was duly opened at 7:00 PM in Conference Room A of the Town Center. The purpose of the Work Session was to discuss pending litigation , and then on motion duly made and seconded the Board adjourned at 7:30 PM into a Work Session to discuss cellular antennas, which was then adjourned to the Court Room to Reconvene the Regular Meeting. CONVENE REGULAR MEETING The Regular meeting of the Town Board was called to order by Supervisor Price at 8:25 PM. PRESENT: Supervisor: Elaine Price Councilwoman Kathleen Tracy O'Flinn Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Also Present: Patricia DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Attorney CALL TO ATTENTION Supervisor Price pointed out to those assembled the locations of exits as required by law for public gatherings. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 8:30 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 Commissioner: Barry Weprin February 15, 1995 SWEARING IN OF FIRE CHIEFS The Supervisor introduced Fire Chief Joe Mirabella, Chief Acocella and Chief Cioffi, and then executed the oath of office, then thanked them for offering to serve as a volunteers in the fire department, the other Board members also congratulated each of them and added their thanks. 1. Fire Claims: Commissioner O'Keeffe presented fire claims for authorization of payment , thereafter on her motion, seconded by Commissioner Ryan 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 AAA Emergency Supply Co., Inc. 115.30 All Power Equipment Co. 308.20 AT&T 91.12 Bender Bldg Material Co. 305.00 Cellular One 138.20 Corporate Express 181.04 Coyne Textile Service 58.21 Dri-Chem Extinguisher CO 61.50 Everson Ross Co. 421.77 Galls 152.16 Galls 78.83 Galls 101.43 Giacomo Service Center Inc. 19.00 Landau, Dr. Thomas 180.00 Landau, Dr. Thomas 180.00 Landau, Dr. Thomas 180.00 Landau, Dr. Thomas 180.00 Landau, Dr. Thomas 35.00 Larchmont Auto Parts 8.66 Metpath 46.90 SYNEX Information Systems 9.00 NYS Insurance Fund 13,540.00 R G Brewer, Inc. 43.36 Rickert Lock& Safe CO 77.15 Rosco 125:64 Sound Shore Contracting Inc. 69.45 Stamford Wrecking 149.00 Town of Mamaroneck Prof. Fire Fighters Vail Chevrolet Inc. 4.24 Valhar CheOical Inc. 18.00 Westchester Joint Water Works 15.120.00 TOTAL $52,202.61 CAPITAL PROJECTS FUND B & L Plumbing & Heating Co. Bisceglia Company 12,547.80 Call-A-Head Corp 150.00 JP McHale Pest Management Inc. 45.00 Rt. 202 Lumber 251.53 Tartaglione Consultants 2,772.00 Williams/Scotsman Group 303.00 $ 18,274.33 GRAND TOTAL S50,476.94 2 February 15, 1995 There being no further business to come before the Commission, on motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, the Commission unanimously adjourned at 8:50 PM. PUBLIC HEARING -Amendment to the Zoning Ordinance Establishing Regulations for Cellular Telephone Facilities On motion of Councilwoman O'Flinn, seconded by Councilman Weprin, the hearing was - opened. Supervisor Price said that many people had already spoken and written to the Board regarding this issue at earlier meetings, and that she had received a resolution from the Planning Board that she wished to read into the record: "WHEREAS, the Town Board has referred the proposed zoning for Cellular Antennas Law to the Planning Board pursuant to Section 89-80 of the Zoning Ordinance of the Town of Mamaroneck;and WHEREAS, this Board is required to make a recommendation to the Town Board with respect to its referral of the zoning amendment and map change; IT IS NOW THEREFORE, RESOLVED, that the Planning Board finds that the proposed amendment to the Zoning Ordinance for regulation of the placement of cellular telephone antennas is in harmony with the comprehensive plan of land use for the Town and would be in furtherance of the purposes in Section 89-1 of the Town Zoning Ordinance and it is further RESOLVED, that the Planning Board requests, however, that the Town Board consider clarifying the height requirements set forth in Section 4B of the proposed law and, further, clarify the provision of measurements of the site contained in Section 4E of the proposed law. Dated: Februayl0, 1995 Marilyn S. Reader, Chair, Planning Board The Supervisor noted that much time and study had been expended on this matter and she wanted to thank everyone for their input. She then proposed the following resolution for adoption: WHEREAS, the Town Board has complied with the provisions of 6NYCRR 617 and the provisions of the Town of Mamaroneck's Local Law No. 4 of 1989; and WHEREAS, the Town Board has reviewed the long Environmental Assessment Form prepared with respect to the proposed action; and WHEREAS, the Town Board has reviewed the reports and recommendations of the County of Westchester Department. of Planning; and WHEREAS, cellular telephone facilities have been held to be public utilities for which municipalities must make provision; IT IS NOW THEREFORE, RESOLVED, that consistent with the criteria contained in the applicable environmental regulations, the proposed 3 February 15, 1995 zoning regulations shall have no significant effect on the environments for the following reasons: 1) The federal government has determined that cellular telephone facilities have no effect on public health; 2) The proposed regulations limit the placement of cellular telephone facilities so as, to the greatest extent practicable, limit visual and other impacts upon adjacent properties; 3) The proposed regulations shall limit, to the maximum extent practicable, the social and economic effects of the placement of cellular telephone facilities; and THEREFORE, the Town Board of the Town of Mamaroneck does hereby adopt Local Law No. 3-1995 as follows: LOCAL LAW NO. 3 - 1995 This Local Law shall be known as Amendment to the Zoning Ordinance Establishing Regulations for Cellular Telephone Facilities. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: 1. This Local Law shall be known and cited as Amendment to the Zoning Ordinance Establishing Regulations for Cellular Telephone Facilities. 2. Purpose: The purpose of these regulations is to promote the health, safety and general welfare of the residents of the Town of Mamaroneck through the establishment of minimum standards to reduce the adverse visual effects of telecommunications transmission towers and antennas through careful design, siting and screening; to preserve residential property values; to avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting structures; to maximize the use of existing towers or antenna host sites so as to minimize the number of towers needed to serve the town; and to assure that radiation emitted by such telecommunications equipment will comply with applicable standards. 3. Article 1, Section 89-3 - Definitions: Section 89-3 shall be amended by adding the following definitions: PRIVATE TRANSNISSION TOWER-Wireless communication facility, not used commercially. (1) PUBLIC UTILITY - Persons, firms or corporations supplying gas, electricity, water, power, transportation or telephone service (excluding cellular telephone service)to the general public. PUBLIC UTILITY FACILITY-The machinery and equipment including pipes, lines, wires, and/or other conductors or conduits, materials, apparatus, tools, vehicles, supplies and storage facilities used by Public Utilities. CELLULAR TELEPHONE FACILITY-All facilities, equipment, apparatus and devices used for cellular telephone communications. 4 February 15, 1995 4. Article III, Section 89-19.1. Public Utility & Cellular Telephone Facility: Add a new section 89-19.1 which shall read: (a) Required Conformity - No Cellular Telephone Facility shall hereinafter be used, erected, moved, reconstructed, changed, or altered unless in conformity with the following specific regulations. (b) Exceptions - Exceptions to these regulations are limited to (1) private transmission towers that are new uses accessory to residential uses, so long as the height of any such use does not exceed other height limitations provided for in the zoning ordinance or the elevation of the surrounding neighboring treeline, whichever is greater and (ii) approved uses existing prior to the effective date of these regulations. (c) Site Plan - (1)An applicant seeking approval for a telecommunications tower or antenna is required to submit a site plan in conformance with applicable site plan submission requirements, except to the extent the Town's Site Plan Approval Law may otherwise provide for a waiver of any such requirements. The site plan shall show all existing and proposed structures and improvements, and shall include documentation on the proposed intent and capacity of the use, as well as justification for the height of any tower or antenna. (ii) The Planning Board shall require that the site plan submission include a completed Visual Environmental Assessment Form (Visual EAS), and if applicable, a landscape plan addressing other standards listed in this section, with particular attention to visibility from key viewpoints identified in the Visual EAS, existing treelines, and proposed elevations. (iii)A safety analysis described in section (e) below. (iv)A report shall be submitted, prepared by a licensed professional engineer which, in the case of a tower, describes (2) The tower height and design including a cross section of the structure; demonstrates the tower's compliance with applicable structural standards; and describes the tower's capacity, including the number and type of antennas it can accommodate. In the case of an antenna mounted on an existing structure, the report shall indicate the existing structure's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure.. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated. (d) Shared Use - The shared use of existing towers and antenna facilities shall be preferred to the construction of new such facilities. The applicant shall submit an adequate report inventorying existing towers and antenna sites within a reasonable distance from the proposed site outlining opportunities for shared use as an alternative to the proposed use. The applicant must demonstrate that the proposed tower or antenna cannot be accommodated on an existing approved tower or facility due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of existing and approved towers and facilities, considering existing and planned use for those facilities. 5 February 15, 1995 2. The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented. 3. Existing or approved towers or facilities do not have space on which proposed equipment can be placed so it can function effectively and reasonably. 4. Other reasons make it impracticable to place the equipment proposed by the applicant on existing and approved towers or facilities. Approval of a proposed antenna to share an existing tower or facility shall be conditioned upon the applicant's agreement to pay all costs of adapting an existing facility to a new shared use. These costs can include structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes required to accommodate shared use. (e) Nonionizing Electromagnetic Radiation (NIER) Threshold - The applicant shall submit a safety analysis of the electromagnetic environment surrounding the proposed site. The safety analysis shall be prepared by a qualified electromagnetic engineering specialist, or health professional qualified to produce such analysis. The safety analysis must demonstrate that the nonionizing electromagnetic radiation (NIER) emanating from the antenna not exceed threshold levels (550 milliwatts per(3) centimeter square). The analysis shall indicate the horizontal and radial distance from the NIER source to the nearest property line and the nearest residential structure. The study shall then provide the ambient NIER levels in the frequency range of the proposed source measured at the two points identified above. The calculated NIER level at any one of the two points listed above shall not exceed one-fourth of the threshold level. (f) Setbacks -Antennas or sources of NIER situated in the Recreation District shall be setback from the nearest neighboring residential property by a distance not less than 1,200 feet. Antennas or sources of NIER situated in the LI district shall comply with the existing setbacks applicable to that zone. All related accessory facilities and structures, including but not limited to equipment sheds, parking areas, anchors, bases and pads shall comply with the existing setbacks and dimensional regulations established for accessory uses in the appropriate zone, except for the height of the cellular telephone tower. (g) Inspection - Towers over 100 feet in height shall be inspected annually by a licensed professional engineer, and a copy of the inspection report submitted to the Town Building Inspector indicating repairs made. (h) Visibility -All towers and antennas shall be sited to have the least possible practical visual effect on the environment. Towers shall not be artificially lighted hted unless otherwise required by the Federal Aviation q Y Administration or other federal, state or local authority. Towers shall be a galvanized finish, or painted gray above the surrounding treeline, and gray or green below the treeline. (i) Screening -Where a Cellular Telephone Facility abuts residential, parkland or other open space, the following vegetative screening shall be provided. One row of native evergreen shrubs or trees capable of forming a continuous hedge at least five feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. Additional screening may be required to screen portions of the tower from nearby residential property or important views. 5. Article V, Section 89-29 Light Industry District: LI Amend Section 89-29 by adding the following: 6 February 15, 1995 A. (6) Cellular Telephone Facility B. (1) Radio, television and other electronic transmission structures. 6. Article V, Section 89-20.1 Recreation District: R. (4) Amend Section 89-20.1 by adding the following: B. (3) Cellular Telephone Facility 7. Severability - Should any provision of this local law be declared unconstitutional or invalid by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this local law which may be implemented without the invalid or unconstitutional provision. 8. Effective Date This Local Law shall take effect immediately. On motion of Councilwoman O'Flinn, seconded by Councilwoman O'Keeffe, the above local law was unanimously adopted. AFFAIRS OF THE TOWN 1. Resolution - Cablevision of Westchester, Inc. Councilman Ryan said that review of the increase in fees that had been requested by TCI would take more time than is currently afforded to municipalities, and it therefore would be necessary to adopt a resolution asking for additional review time. He explained the structure of the Cable TV Board of Control and Advisory Committee in response to a question. On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously, RESOLUTION A RESOLUTION PROVIDING.FOR ADDITIONAL TIME TO REVIEW THE FORM 1210-SERIES FILINGS SUBNITTED ON BERALF OF UA- COLUMBIA CABLEVISION OF WESTCHESTER, INC. AND DIRECT- ING THAT RECORDS BE KEPT FOR PURPOSES OF MAKING REFUNDS WHEREAS, under federal and local law, the Town of Mamaroneck is permitted to regulate rates for basic cable service and equipment; and WHEREAS, on January 18, 1995, TCI East, Inc. submitted a series of. filings (including Forms 1210 and 1215) purporting to justify higher basic service rates by UA-Columbia Cablevision of Westchester, Inc. d/b/a/ TCI Cable of Westchester ("TCI") proposes to charge; and 7 February 15, 1995 WHEREAS, based upon the recommendations of the Larchmont-Mamaroneck Cable TV Board of Control, the Municipality finds that additional time is required to review the filing; NOW THEREFORE, BE IT RESOLVED by the Town of Mamaroneck that: Section 1. Pursuant to 47 C.F.R. 76.933, the deadline for acting on the filings submitted by TCI is tolled for an additional 90 days, as provided in the FCC rules, for reasons stated above. Section 2. TCI may not implement the rate increase set forth in the Form 1210 pending further order of this Municipality. Nothing in this Resolution approves or endorses the rates that were or are being charged by TCI, and those rates may be further reduced to the extent those rates violate other applicable laws or contracts. TCI must continue to keep appropriate records so that it can refund any amounts collected I later found to be unreasonable, plus interest. Section 3. Public notice shall be given that this Resolution has been adopted and is available for review. 2. Set Date for Public Hearings -Westchester Joint Water Works - Increase to Fees - Town Clerk's Office The Administrator said that the public hearings were for first the replacement of water tanks, equipment, machinery and incidental improvements within the entire water district at an estimated cost of$615,000, which is part of the capital projects planned by WJWW. After discussion, on motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, the following was unanimously adopted: WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost relating to the increase and improvement of Water District No. 1 within said Town, consisting of the replacement of water tanks at various water district locations, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of$615,000; and WHEREAS, said capital project, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of Water 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; 8 February 15, 1995 NOW, THEREFORE, IT IS 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 15th day of March, 995, at 8:15 o'clock_PM., Prevailing Time, on the question of the increase and improvement of the facilities of Water 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 official newspaper of said Town, 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. Mr. Altieri said that the fee schedule had been reviewed and that certain increases to fees such as parking permits and plumbing licenses were being proposed by the Town Clerk. The Board members discussed the possible dates and agreed to schedule it for the next meeting. On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously RESOLVED, that the Town Board will hold a public hearing on the proposed increase to fees on March 15, 1995 at 8:15 • PM in the Court Room of the Town Center, and that the Town Clerk is hereby authorized to cause a copy of the Notice of Public Hearing provided to be published once in the Daily Times , the official newspaper of said Town, and also to cause a copy thereto to be posted on the Town Clerk's official board. 3. Authorization - Open a Money Market Account Authorization was requested by the Comptroller's office to open a money market account with First Fidelity Bank for the purpose of encouraging the availability for competitive bidding by more banks on investments and borrowing. On motion of Councilwoman O'Flinn, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Town Comptroller to open a money market account with First Fidelity Bank, said account to be entitled: "Town of Mamaroneck General Fund Account." 9 February 15, 1995 4. Salary Authorizations - Paramedic - Recreation The Administrator stated that authorization was being requested to hire a paramedic at $15 per hour, which will bring the roster for paramedics back to 23 employees, and he added that an increase of 60 cents per hour was also being requested for 19 current paramedics. Thereafter, on motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby approve the salary authorization of Peter Kosenko, effective February 15, 1995 at$15 per hour on an as needed basis for his services as a paramedic; and BE IT FURTHER, RESOLVED, the Town Board does authorize that an increase from $15 to $15.60 per hour be given to the following paramedics: Bob Smith Mike Scott Rich Werner Charles Deshensky Pete Primrose Dan Purcell Will Gluckman Marc Burrell Mike Liverzani Phil Bellingham James Carcano Peter Asp Doug Berkowitz Matt McCauley John Heinlein Don Grande Steve Davis Nick Cecere Greg Pekera Recreation Salaries RESOLVED, as provided for in the 1995 Town Budget, the Town Board does hereby authorize the payment of salary to the following: Laura Purcell, Alt. Manager, Hommocks Pool, $10/hour, retroactive to 1/1/95. Kristin Cicchiello, Life Guard, Hommocks Pool, $8/hour, retroactive to 1/31/95. Heather Tripp, Life Guard, Hommocks Pool, $5.75/hour, retroactive to 2/1/95. John Marchese, Life Guard, Hommocks Pool, $5.50/hour, retroactive to 1/31/95. The Supervisor announced that the next board meetings would be held on March 1 and March 15, 1995 and that everyone who wished to attend was welcome. Mr. Odierna asked if there was to be changes to the status of the firehouse and if people were told of the change in the schedule for the pickup of recycling material caused by Presidents day, to which the Administrator affirmed there had been notification. ADJOURNMENT There being no further business, the Board adjourned into executive session to discuss pending litigation at 10:25 PM. Patricia A. DiCioccio, Town Clerk 10