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HomeMy WebLinkAbout1996_02_07 Town Board Regular Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING-Wednesday, February 7, 1996,Town Center Court Room- 8:15 PM THE TOWN BOARD WILL CONVENE at 6:30 PM in a Work Session to discuss the Adult Entertainment Zoning then adjourn at 7:15 PM to an Executive Session to discuss certioraris. CONVENE REGULAR MEETING RECESS INTO EXECUTIVE SESSION CONVENE WORK SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION-Location of Exits PROCLAMATIONS: NATIONAL AMERICAN HISTORY MONTH BLACK HISTORY MONTH BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business PUBLIC HEARINGS.-Restriction on Outdoor Tools -Provisions for Walls&Fences AFFAIRS OF THE TOWN 1. Appointments: Town Prosecutor Board of Architectural Review 2. Adoption-Drug/Alcohol Testing Policy 3. Authorization- Settlement of Certiorari 4. Authorization-Consultant Agreement: Second Effects Study 5. Authorization-County of Westchester Agreement-DWI Enforcement 6. Authorization-Insurance Settlement 7. Authorization-Polling Place and Election District Consolidation 8. Authorization-Delegate to Association of Town Meeting 9. Set Public Hearing.-Blossom Terrace-No Parking Here to Comer 10. Authorization-Use of Voting Machines-Villages of Mamaroneck and Larchmont 11. Authorization-Audit of Claims-L/M Cable TV 12. Salary Authorization-Paramedics -Recreation ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL APPROVAL OF MINUTES-SEPTEMBER THROUGH DECEMBER 1995(previously distributed) Next regularly scheduled meetings-February 28, 1996 -March 6, 1996 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-781,0. MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON FEBRUARY 7, 1996 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK. PRESENT: Supervisor: Elaine Price Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Wittner ALSO PRESENT: Patricia DiCioccio, Town Clerk Steven V. Altieri, Town Administrator Stephen M. Silverberg, Town Attorney CONVENE EXECUTIVE SESSION The Work Session of the Town Board to discuss Adult Entertainment Zoning at 6:30 PM in Conference Room A of the Town Center. The Board then convened the Executive Session at 7:15 pm to consider certiorari matters. On motion duly made and seconded the Board adjourned at 8:15 PM to the Court Room to Reconvene the Regular Meeting. CALL TO ORDER The Regular meeting of the Town Board was called to order by Supervisor Price at 8:15 PM. The Supervisor then pointed out the exits, thereafter on motion made and seconded they convened as the Board of Fire Commissioners. 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: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Commissioner: Phyllis Wittner 1. Fire Claims: Commissioner Ryan presented fire claims for authorization of payment , thereafter on his motion, seconded by Commissioner Weprin, it was unanimously: February 7, 1996 RESOLVED that this Commission hereby uthorizes payment of the following Y Pa Y 9 Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: OPERATING FUND Foley Hardware $ 4.27 United Water New Rochelle 183.06 AT & T Capital 99.81 AT & T 24.27 Byram & Building Supply 99.75 Cleaning Systems 152.50 Cleaning Systems 324.80 Cleaning Systems' 34.65 Cleaning Systems 77.02 Cleaning Systems 82.38 Dri-Chem 46.00 Everson Ross 69.50 Gallagher Newman 538.25 Imperia Bros. Inc. 41.57 Industrial Distributors 183.50 J & J Barish 45.17 Larchmont Auto Parts Dist., Inc. 60.78 Nautilus.Diner-: 116.40 N F P A 95.00 Poland Spring 51.84 Sound Shore Pest Control 60.00 Staples 89.32 Dr. Thomas K. Landau 360.00 Town of Mamaronck Professional 220.08 United Hospital 59.00 Wilkie Farr& Gallagher 575.00 3,693.92 CAPITAL FUND B & L Plumbing & Heating 15,775.60 Bisceglia Brothers 36,771.65 Bisceglia Brothers 5,723.00 Bisceglia Brothers 17,575.00 Flush Metal Partition 5,600.00 Inter County Contracting 350.00 Mount Vernon Ironworks 6,695.00 Tartaglione Consultant 1,200.00 Call A Head 45.00 Tartaglione Consultant 27.25 Tartaglione Consultant 800.00 $ 90,562.50 GRAND TOTAL $ 94,256.42 2 February 7, 1996 There being no further business to come before the Commission, on motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the Commission unanimously adjourned at 8:40 PM. PUBLIC HEARING - Restriction on Outdoor Tools The Town Attorney explained that this law was being reviewed as promised, to discuss whether it has accomplished its purpose of reducing noise. Thereafter on motion of Councilwoman O'Keeffe, seconded by Councilwoman Wiftner, the public hearing was opened. Supervisor Price asked if anyone wished to speak either in favor of or against the proposed amendments. In Favor Ernie Ordierna Mary Gosen Resident -Murdock Woods 3 others spoke in favor, all outlining that the Town has quieted since the passage, and all voiced there agreement to continuing the ban. It was suggusted that the Town ban coincide with the one in Larchmont, which everyone agreed would be practical. Against Frank Claps Dennis Nortovo Both said that they were gardeners and that this law imposed a hardship that restricted there ability to earn a living. They said that cleaning took longer and that the residents did not want the added cost; they also said that the yards don't look good and that their customers were complaining about the appearance and increase in costs. Two residents, owners of large lots, also disagreed with continuing the ban, they said that it was a hardship on them, mainly because it was impossible to keep there yards clean with the tools. They spoke of the constant litter, and how unsightly it was. One suggested that residents of large properties be exempted from the ban. After an extremely lengthy discussion, the Board, on motion duly made and seconded, closed the public hearing. Then, on motion of Councilwoman O'Keeffe, seconded by Councilwoman Wiftner, the following local law was unanimously adopted as amended to coincide the Ban with the Village of Larchmont. 3 February 7, 1996 TOWN OF MAMARONECK LOCAL LAW NO. 2 - 1996 RESTRICTION ON OUTDOOR TOOLS AMENDMENT TO LOCAL LAW No. 6-1995 known as "Restrictions on Outdoor Power Tools and Gasoline Powered Blowers". Section 1. Purpose: The purpose of this Amendment is to modify the time period in which the ban on leaf blowers is in effect based upon input from the community. Section 2. Amendment: . Section 3 B of Local Law 6-1995 will be amended to read as follows: The use of gasoline powered leaf blowers shall be unlawful in the Town during the period from June 1 through September 30 of each year. This section shall not apply to (1) utility companies, municipal and/or school district emergency operations and (2) for a period of up to five (5) days following storms for purposes of removing debris resulting from such storms. - Section 3. Severability: Should any provision of this Local Law be declared illegal or unconstitutional by a court of competent jurisdiction, to the extent that the other provisions of this Local Law can be implemented without such illegal or unconstitutional provision, such other provisions shall remain in effect. Section 4. Effective Date: This Local Law shall take effect immediately. PUBLIC HEARING - Provisions for Walls & Fences The motion was made and seconded to open the hearing. Mr. Silverberg explained the purpose of the law was to modify the requirements of the zoning Ordinance with respect to walls and fences. Over the last several years there had been increasing applications to the Zoning Board and it therefore as a result it became necessary to modify the requirements to better reflect the needs of the community with respect to walls and fences 4 February 7, 1996 Supervisor Price asked if there was anyone who wished to speak either for or against the proposed amendment. There being no response the Board, on motion of Councilman Ryan, seconded by Councilwoman Wittner closed the public hearing. r Thereafter, on on motion of Councilman Ryan, seconded by Councilwoman Wittner, the following law was duly adopted. TOWN OF MAMARONECK LOCAL LAW NO. 3 - 1996 This Local Law Shall be known as "Amendment to Zoning Ordinance Provisions for Walls and Fences". Section 1. Purpose: This local law modifies the requirements of the Zoning Ordinance with respect to walls and fences. Over the last several years there has been a significant increase in the number of applications made to the Zoning Board of Appeals for walls and ences. The need to modify the Town requirements with respect to walls and fences has become apparent as a. result of this large number of variance -applications. The purpose of this local law is provide regulations consistent with the needs of the conununity which protect the health, safety, and welfare of the community. Section 2• A) Section 89-3 of the Zoning Ordinance is amended by adding the following definitions. Fence - a structure, including a wall, enclosing a yard or portion of a yard, used to prevent or impede entrance and/or to mark a boundary. Retaining wall - a structure which holds or secures in place rock and/or earth. B) Section 89-44 (d) is hereby amended to read as follows: Walls and Fences. (1) The yard requirements of this ordinance shail not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall provided that in any residence district such fence or wall shall not exceed four feet in height in any required front yard and/or five feet in height in any required side or rear yard. For the purposes of this ordinance, the height of any retaining wall shall be included in the computation of the height of a wall or f ence placed on top of or above such retaining wall or at a distance of four feet or less horizontally from the retaining wall, in determining whether or not a wall or fence meets the height 5 February 7, 1996 restrictions of this provision- (2) Gates, posts, capitals and pillars shall comply with the height requirements of this provision except ornamental or decorative features on top of posts, pillars, capitals and gates may exceed the height limitations of this provision by no more than twelve inches. However, no more than ten percent of the total length of a fence or wall including gates, posts, capitals, and pillars may have an ornamental or decorative feature which exceeds the height limitations set forth in Section 89-44 (d) (1). (3) Six foot fences are permitted in business or commercial districts in thQ side and rear yards only. (4) Walls and fences are subject to Section 89-44E. Section 3. Severability.. Should any provision of this local law be declared invalid by a court of competent jurisdiction, such declaration of invalidity shall not effect any other section of this local law which may be otherwise capable of enforcement. Section 4. Effective Date: This local law shall take effect immediately. AFFAIRS OF THE TOWN 1. Appointments - Town Prosecutor Board of Architectural Review The Supervisor explained that she had received a resume from John Dorf, an attorney practicing in the Village of Mamaroneck and that he was interested in the position of Town Prosecutor that was open due to the resignation of Michael Weiss. On motion of Councilman Weprin, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby appoint, John Dorf, 424 Mamaroneck Avenue, as the Town Prosecutor, said position to begin immediately. 2. Adoption - Drug/Alcohol Testing Policy 6 February 7, 1996 The Administrator outlined the program, explaining that Town employees will not be tested by other Tcwn employees - except that following a vehicle accident, if a Tcwn police officer makes the decision to test the driver employee for alcohol: based on his observations, the test, in sucb a case, the Tcwn police officer may administer the test. He explained that a employee will be request to report to a test site, which is a certified independent laboratory that will be contracted for by the Tcwn in all other casses. He added that should the level be negative no additional test will be necessary, but if positive, a second test will be administered. On motion of Councilman Weprin, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Drug/Alchohol testing program, and request that the Town Administrator execute said agreement and prepare the policy on behalf of the Town. 3. Certiorari Settlements On motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Settlement of Certiorari for the following: The package of proposed settlements will be delivered to the Board on Monday February 5, 1996. 4. Discussion -Adult Entertainment Zoning . Second Effects Study The Administrator said that on February 28, 1996, the Town Board will hold a public hearing on a proposed moratorium for adult entertainment businesses, and since it is the intention of the Board to adopt zoning that will regulate the siting of these types of businesses, a suggestion has been made for the Town to consider preparing a second effects study as part of the process of developing a zoning ordinance. Mr. Altieri defined the study as a second effects analysis to determine the potential secondary effects of adult oriented businesses, and that the study will review impacts on property values and the potential for deterioration of an area because of adult businesses. Also, the impact of adult businesses on crime and the general character of an area will be evaluated. He said that a preliminary meeting had been held with Vince Ferrandino of Ferrandino and Associates to discuss the possibility of doing this type of study for the Town at a work session held earlier. 7 February 7, 1996 The Board then discussed the study, what would be included in the study and the costs involved. 5. Authorization DWI Enforcement Agreement The Administrator requested to authorization to execute an agreement with the County of Westchester concerning the enforcement of the DWI laws, noting that the agreement will provide up to $15,000 in funding to our Police Department for personnel and other expenses connected with DWI enforcement. He said that the Town has participated in this agreement over the last four years. The Program was defined: The STOP-DWI Patrol Project is an overtime, added patrol effort to enforce the New York State Vehicle and Traffic Laws again;t intoxicated and impaired driving (DWI/DWAI) in Westchester County. The patrol project is open for participation by all city, town and village and county police departments in Westchester. Each participating police department chief must sign a yearly Participation Form and submit the required documentation to claim reimbursement. The patrol project requires that the STOP-DWI Patrol activity and assignment be in addition to the department's normal and/or routine patrol activity and assignment. It cannot be used to replace any regular, normal or routine patrol. The additional patrol must be conducted during the critical DWI/DWAI hours of evening and nighttime. The STOP-DWI Patrol Project vehicle must bear the special logo and markings to increase public awareness of the enforcement effort. A police chief project director is appointed to work with the STOP-DWI Program in the operation of the patrol project. The maximum overtime rate is $30 per hour for personal service (the actual pay rate may be lower, if so only that lower rate is allowable). Mileage is reimbursed at 25 cents per mile. If one department lends its STOP-DWI Patrol car to another the lending department receives the mileage reimbursement. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Police Chief to execute the agreement between the Town and the County of Westchester for the 1996 DWI PATROL PROJECT. 6. Delegate -Association of Towns Annual Meeting The Clerk explained that the annual meeting of this association will be held at the New York Elton & Towers, New York City, February 18-21, and the purpose was to provide training for town officials. The following is a brief outline of events: Informational Hearing from 3:00-5:00 p.m., Sunday Afternoon, General Opening Session for all town officers, 8:45 a.m., Monday Group Session for various categories of town officers Opening Session as will be set forth in the printed program 8 February 7, 1996 Breakfast with the.Association at 8:00 a.m., Tuesday Morning Business.Session (Official Delegates) at 9:00 a.m., Wednesday morning The Clerk said that a delegate would have to be authorized to vote on behalf of the Town. Following discussion, on motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby appoint Councilwoman Phyllis Wittner as the Delegate to the Association of Towns' Annual Meeting. 6. Authorization - Insurance Settlement The Administrator requested that authorization be granted to settle a claim for personal injury against the Town brought by Francis Cardone, who in 19992 fell at the Ice Rink and broke her leg. Reliance Insurance settled the claim because a scheduled maintenance session of the ice was done performed. The Town will have to pay $25,000. On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize the payment of claim made by Francis Cardone, in the amount of$25,000, which represents payment in full as settled by the Town's insurance company. 7. Authorization - Polling Place and Election District Consolidation The Town Clerk requested that this item. be held over until permission was granted by the Fire Department for use of the Firehouse for elections. 9. Set Public Hearing - Blossom Terrace - No Parking Here to Corner On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby set the date for the public hearing for No Parking Here to Corner on Blossom Terrace, for February 28 1996; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to post and publish the notice of public hearing. 9 February 7, 1996 10. Authorization -Audit of Claims - UM Cable TV This item was held over. 11. Salary Authorization - Paramedics - Recreation Recreation Department On motion.of Councilwoman O'Keeffe, seconded by Councilman Weprin, it was unanimously RESOLVED, that the Board does hereby authorize the payment of salary to: Evan Vieser, Alt. Life Guard, Hommocks Pool, $6.75/hour, effective retroactive to 211/96, Enrique Castaneda, Alt Life Guard, Hommocks Pool, $6.25/hour, effective retroactive to 1/18/96. Vanessa Ellin, Alt Key Attendant, Hommocks Pool, $4.75/hour, effective retroactive to 1/18/96. Paramedics RESOLVED, that as provided for in the 1996 Town budget, the Board does hereby authorize the payment. of salary to: NAME DOB EMT-P Per/Hr Ed McCormack (Administrator) 9/25/56 4/30/99 N/A Bob Smith 1 /7/59 4/30/98 16.00 Rich Werner 1 /22/55 8/31/98 16.00 Charlie Deshensky 3/5/68 6/30/96 16.00 Pete Primrose 10/5/65 6/30/96 16.00 Dan Purcell 1/12/61 4/30/98 16.00 Will Gluckman 1/26/69 8/31/98 16.00 10 February, 7, 1996 Marc Burrell 4/3/56 4/30/96 16.00 Mike Liverzani 4/30/66 1 /31/96 16.00 Phil Bellingham 6/26/60 4/30/98 16.00 Jim Carcano 8/7/67 7/31/96 16.00 - Pete Asp 2/21/64 10/31/98 16.00 Doug Berkowitz 11/20/71 10/31/98 16.00 Matt McCauley 2/12/70 7/31/96 16.00 John Heinlein 8/3/68 10/31/98 16.00 Don Grande 10/10/54 4/30/98 16.00 Steve Davis 9/5/62 7/31 /97 16.00 Nick Cecere 5/4/66 10/31/98 16.00 .Greg Pekera 2/15/72 9/30/96 16.00 Scott Glaessgen 4/4/70 10/31/98 16.00 Paul Hinchey 9/28/68 7/31/96 16.00 Sal DiMeglio 2116171 10/31/9 7* 16.00 Pete Kosenko 12/4/68 10/31 /97 16.00 ADJOURNMENT The Supervisor said the Board would be adjourning into an Executive Session to discuss pending litigation. Patricia A. DiCioccio Town Clerk 11