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HomeMy WebLinkAbout1996_03_20 Town Board Regular Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING - Wednesday, March 20, 1996, Town Center Court Room- 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM in a Work Session to discuss the Larchmont Gardens Lake dredging. CONVENE REGULAR MEETING CONVENE WORK SESSION RECESS WORK SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION-Location of Exits PUBLIC HEARINGS -Town Parking Lots -Fire Hydrant Accessibility BOARD OF FIRE COMMISSIONERS I. Fire Claims 2. Other Business AFFAIRS OF THE TOWN 1. Appointments -Planning Board - Coastal Zone Management Commission 2. Authorization-Westchester Joint Water Works -Project A-1035 3. Set Public Hearings -Parking Ordinance-Howell Avenue -Installation of Stop Signs - Mountain Avenue/Rockingstone Avenue - Installation of Stop Signs - Mountain Ave./No. Chatsworth Ave. 4. Authorization-Insurance Settlement 5. Authorization- Collection of Real Property Taxes County of Westchester/Town of Mamaroneck 6. Salary Authorization-Recreation ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings -April 2, 1996 -April 17, 1996 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON MARCH 20, 1996 AT 8:15 PM IN THE AUDITORIUM OF THE TOWN FIREHOUSE, WEAVER STREET, TOWN OF 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 Stephen V. Altieri, Town Administrator Stephen M. Silverberg, Town Attorney CONVENE EXECUTIVE SESSION The Work Session of the Town Board to discuss Larchmont Gardens Lake dredging convened at 6:30 PM in the Meeting Room of the Town Firehouse. 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 Auditorium 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, who thanked the Fire Department for allowing the use of the building for this meeting. The meeting was moved from the Town Center because a storm had caused utility outage in the Town building. The Supervisor then pointed out the exits, thereafter on motion made and seconded the Board 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 Auditorium. 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: 1 March 20, 1996 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. $ 73.00 American Red Cross 50.00 AT &T Wireless 191.60 Brewers 108.51 Cleaning Systems 31.00 Cleaning Systems 52.95 Corning Clinical Labs 431.45 Dri-Chem Extinguisher Co. 468.00 Dri-Chem Extinguisher Co. 425.00 Dri-Chem Extinguisher Co. 76.20 Dri-Chem Extinguisher CO. 135.00 Excelsior Garage & machine Works, Inc. 301.70 Giacomo Service Center, Inc. 19.00 J &J Barish 266.09 Marino, Chambers & Lou, P.C. 724.28 MetroCom 285.00 Restaurant Equipment Barn 165.00 Robert J. Anderson 95.00 Thomas K. Landau 900.00 Town of Mamaroneck Fire Dept. 375.00 $5173.78 CAPITAL FUND CPA Construction 480.00 Tartaglione Consultants Corp. 1750.00 $2230.00 GRAND TOTAL 1703.78 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 8:55 PM and reconvened as the Town Board PUBLIC HEARINGS - Fire Hydrant Accessibility The Town Administrator stated that the purpose of the law is to allow our firemen and their apparatus better accessibility to fire hydrants. On motion of Councilman Ryan, seconded by Councilwoman Wittner, the Public hearing was opened. The Supervisor asked if anyone wished to speak in favor or against the law. Ernie Odierna agreed that this should be adopted. The Fire Chiefs all endorsed it as well. Following discussion regarding the placement of signs and marking the boundaries, on motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the hearing was closed. 2 March 20, 1996 r Then on motion of Councilwoman O'Keeffe seconded by Councilman Ryan, the following law was unanimously adopted: LOCAL LAW NO. 6 - 1996 This Local Law shall he known as "Fire Hydrant Accessibility" Section 1. Purpose: The purpose of this Local Law is to provide for accessibility to fire hydrants. The Town Board finds that the placing of obstructions adjacent to fire hydrants creates a danger to the public health, safety, and welfare which needs to be remedied. Section 2. No Obstructions Permitted: No shrubs, flowers, trees, mailboxes, decorative sculptures, fences, or other permanent obstruction shall be placed in front often the street side nor within five (5) feet to the sides or rear of a fire hydrant. No other obstructions shall be placed so as to limit the visibility of any fire hydrant from the roadway nor to in any way obstruct or limit the accessibility to a fire hydrant for maintenance, testing, repair, operation and fire protection. Section 3. Notice: The Town Clerk or Building Inspector shall provide notice to a property owner of the existence of any planting, structure or other obstruction which violates the provisions of this Local Law. Upon receipt of notice of such violation a property owner shall, within ten (10) days of the date of such notice, remove the obstruction. Section 4. Violation: Failure to remove an obstruction within ten (10) days of the date of notice of such obstruction forwarded by the Town Clerk or Building Inspector shall be considered a violation, punishable by a fine of up to $250.00. In addition, to such other civil relief or criminal penalty as may be permitted by law, the Town may remove any obstruction after delivery of Notice provided for in Section 3 of this law and charge the cost of such removal to the property owner. Section 5. Effective Date: 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 6. Severability: This Local Law shall take effect immediately upon filing with the Secretary of State. Public Hearing -Town Parking Lot On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the hearing was opened. The Administrator explained because of the construction being done on the Larchmont p g parking site, Larchmont had informed their permit holders that during the period of construction there would be no parking. Many of the displaced parkers are Town residents 3 March 20, 1996 who have requested parking in the Town lot. In order to make room for the residents, we would have to stop providing spaces to the nonresidents. The Supervisor asked if anyone wished to speak in favor or against the proposed change in Parking Lot#1. The following people all spoke against the change: Paul Korngold, New Rochelle, thought it unfair to just throw the nonresidents out of the lot. He said that we were being shortsighted, because those nonresidents brought business into the Town. Claire Paulman, New Rochelle, who said that the lot is never full and that she had taken pictures to prove it. Ms. Luke, New Rochelle said that she lives closer to the Town lot than to New-Rochelle's, and that she had checked and there was nothing available there. A resident that lived in Larchmont Woods who suggested grandfathering in this law. Doris Willa, Forest Avenue, in favor of grandfathering. Mr. Paley, New Rochelle, who said that he had been commuting from that lot for 30 years and thought it unfair to just drop nonresidents. Arthur Nelton, Mohegan Road, thought this change was ill-conceived. Mike Barks, a resident, said that there should be a rethinking on this whole issue and that parking for nonresidents that currently hold permits be extended until a solution was found. Mark Jacoby, a Town resident said that he thought that those nonresidents who currently have permits be allowed to continue to use our lot. Ms. O'Conner, Mohegan Road, questioned changing a system that has worked well. People should not be inconvenienced. B. Cullen, said that he sympathized with the issue and that maybe Memorial Park could be Y utilized during the construction period. The Supervisor assured everyone that there would be another hearing at the next Town Board meeting and that the Town would look to see if there would be any possibility of providing parking for the nonresidents. Thereafter on motion of Councilman Ryan, seconded by Councilwoman Wittner, the hearing was adjourned. Added Item Plymouth and Winthrop Road -Wall Collapse The Administrator explained that because of this emergency situation and the need to act immediately to make wall repairs at Plymouth and Winthrop Roads, he was requesting that the Board authorize bypassing the bid process. He said that during this past heavy storm on March 19, a part of the wall had fallen. The Highway Superintendent had examined it and said that it is safe right now but that any further storms could damage it even further. He said then it would become a safety hazard. There was a discussion regarding the potential costs and the length of time it would take to have it repaired. Thereafter on motion made by Councilman Ryan, seconded by Councilman Weprin, the following resolution was unanimously adopted: EMERGENCY WALL PLYMOUTH AND WINTHROP ROADS WHEREAS a heavy storm occurred during the night of March 19, 1996 and continued into March 20, 1996; and 4 March 20, 1996 WHEREAS as a result of the storm a portion of a wall owned and maintained by the Town at the intersection of Plymouth Road and Winthrop Road has collapsed; and WHEREAS this wall provides the only access to three houses; and WHEREAS the remaining portion of the wall has g p been examined by the Town Highway Superintendent and is found to be safe at the present time, however, further storm activity may cause additional damage to the wall; and WHEREAS this Board finds that it is necessary to make repairs to the wall at the earliest possible date so as to avoid the potential of further collapse of the wall and possible endangerment to the public safety; and WHEREAS this Board finds that pursuant to General Municipal Law Section 103 (4) a public emergency exists, it is RESOLVED that the Town Administrator is authorized to undertake such steps as necessary to retain a contractor or contractors for the purpose of commencing immediate repairs to the wall at the intersection of Plymouth Road and Winthrop Road in the Town of Mamaroneck and to take such other steps as are necessary to insure the public safety. AFFAIRS OF THE TOWN 1. Appointments Planning Board Councilwoman Wittner offered the name of May Aisen for the vacancy on the Planning Board that had been caused by a resignation. She said that it was necessary to make an immediate appointment given the nature of the Board. She added May was more than qualified for the position, having received her degree in Urban Planning and because of her awareness and involvement in the community. Then on her motion, seconded by Councilman Weprin, it was, RESOLVED, that the Town Board does hereby appoint May Aisen, a Town resident to the Planning Board, said term to take effect immediately. Councilwoman O'Keeffe abstained from the voting, stating that insufficient notice had been given on the opening and appointment. Coastal Zone Management Commission Councilwoman Wittner then proposed Ruth Gyure for the opening on the CZMC. On her motion, seconded by Councilman Ryan, it was unanimously RESOLVED, that the Town Board does hereby appoint Ruth Gyure as a member of the Coastal Zone Management, said term beginning March 1996. 5 March 20, 1996 5. Authorization -Westchester Joint Water Works - Project A-1035 Installation of a Force Sewer Main at the Larchmont Plant in the Town of Mamaroneck Mr. Altieri explained the scope of the plan, noting that the existing septic system had been installed in 1959 and was sorely in need of repair. He said that John Hock had informed him that this proposal was originally put forth in 1990 at a cost of$35,000, but the Village of Larchmont, who owns the land refused to issue an easement. He said that the project would now cost$52,000. The easement has been granted and the cost would be allocated between the Village and Town of Mamaroneck and Town of Harrison. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED that the Town Board hereby authorizes Project A- 1035, at a total cost not to exceed $52,000, said project calls for the installation of a force sewer main at the Larchmont Water Plant located in the Town of Mamaroneck. 3. Set Public Hearings - Parking Ordinance - Howell Avenue - Installation of Stop Signs - Mountain and Rockingstone Avenue - Installation of Stop Signs - Mountain and No Chatsworth Avenues On motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously RESOLVED that the Town Board set the public hearing date for April 17, 1996 at 8:15 PM for the following traffic amendments: - Parking Ordinance - Howell Avenue - Installation of Stop Signs - Mountain and Rockingstone Avenues - Installation of Stop Signs - Mountain and No Chatsworth Avenues; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Clerk to publish individual notices of the hearings in an official newspaper. 4. Authorization - Collection of Real Property Taxes County of Westchester-Town of Mamaroneck The Administrator explained that this item was pro forma, authorizing the Tax Receiver to collect taxes for the County. The Board discussed this item, noting that the County receives 100% of their tax levy whether it is actually collected or not. On motion made by Councilman Weprin, seconded by Councilwoman O'Keeffe, the following was unanimously adopted: THE PEOPLE OF THE STATE OF NEW YORK To Carmine A. DeLuca, Receiver of Taxes of the Town of Mamaroneck in said County: You are hereby commanded pursuant to the provision of the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 20, 1996, by authority of Chapter 313 of Laws of 1934, to receive and collect from the several persons named in the Assessment Roll hereunto annexed by the Westchester County Tax Law, Article 16, Chapter 852 of the laws of 1948, as amended, or the neglect to pay the State, County Town 6 March 20, 1996 and Town District Taxes, Water Arrears and exemptions removed after the levy thereof as follows: Judicial and County Taxes $23,822,145.00 Town and Town District Taxes 11,888,444.00 Charges for Services 1,640.00 Exemptions removed 4,411.54 Water arrears 840.38 $35,717,480.92 And you are hereby directed to deposit to the credit of the Town of Mamaroneck in the Bank of New York, County Trust Region, all of such moneys so collected by you by virtue of this warrant. And you are further commanded to make and file with the undersigned, the Supervisor of the Town of Mamaroneck, as required by the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended. And in case any person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties (after giving the notices and waiting the time as specified in said Act) you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, and for so doing this shall be your sufficient warrant. Elaine Price, Supervisor 20th Day of March 1996 - Executing this instrument on behalf of the Town. 5. Salary Authorization - Recreation On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was RESOLVED, that as provided for in the 1996 budget the Town Board does hereby approve the authorization of salary to the following: Lester Wauchope, Attendant, Memorial Park Tennis Courts, $10/hour, effective 3/27/96. David Paterno, Attendant, Memorial Park Tennis Courts, $8.75/hour, effective 3/27/96. Kathy Varian, Attendant, Memorial Park Tennis Courts, $8.75 1hour, effective 3/27/96. Anthony Ilardi, Attendant, Memorial Park Tennis Courts, $8 1hour, effective 3/27/96. Gina Tunno, Attendant, Memorial Park Tennis Courts, $8/hour, effective 3/27/96. Ray Varian, Attendant, Memorial Park & Central School Tennis Courts, $8.25/hour, effective 3/27196. Anthony Fatato, Alternate Life Guard, Hommocks Pool, $7.25/hour, effective retroactive to 3/7/96. Added Item 6. Resolution -The County of Westchester -Sanitary Sewer Compliance The Supervisor explained that there had been discussion and agreement in the past regarding the reduction of pollutants infiltrating the sanitary sewers within the County. There was a state mandate that the inflow and infiltration to the system be fixed and had made agreements with the County regarding the best way to implement the reconstruction. It had been concluded by the County that it would be best to have each municipality decrease infiltration.by specified targets. We were informed that we had to comply with these schedules by commencing construction to remove the infiltration and inflow problems, at a cost which would exceed two million dollars. She said that the Town disagrees, we think it a much better idea to have the cost more equitably shared by 7 March 20, 1996 assessing the total cost through a county sewer district. The County would then be responsible for the debt issue. On motion of Councilwoman Wittner, seconded by Councilman Ryan, the following resolution was unanimously adopted: WHEREAS, in 1992, the State and County entered into a Consent Decree to eliminate the discharges of pollutants and reduce infiltration and inflow into the sanitary sewers throughout the County; and WHEREAS, based upon sewer study reports completed by the County which concluded that the most efficient method would be for individual municipalities to decrease infiltration by specified amounts as determined by the S.I.S.S. report; and WHEREAS, the Town of Mamaroneck was informed that it was to comply with certain schedules to commence construction to remove infiltration and inflow; and WHEREAS, this program as set forth in the S.I.S.S. would cost the Town of Mamaroneck in excess of Two Million Dollars ($2,000,000.00); and WHEREAS, the Town of Mamaroneck believes that the least expensive, most equitable, and most efficient method for the Town of Mamaroneck and all the municipalities within the County of Westchester to fund such a program is through County Sewer Districts with debt issued by the County. NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Mamaroneck that this Town Council respectfully requests that the County Executive and the County Board of Legislators work in conjunction with the Town of Mamaroneck and the municipalities in complying with the state mandate in the most efficient and least expensive manner through county-issued debt. SUPERVISOR REPORTS Supervisor Price thanked everyone who had come forward and offered their help and support in response to the anti-Semitic incidents that had recently occurred; she said that a task force was formed in response and that signs had been printed showing our unity against these incidents and that they were available in the Town Clerk's office. Adjournment On motion made and seconded the meeting was adjourned at 10:25 PM to an Executive Session to discuss pending litigation. Patricia A. DiCioccio Town Clerk C:I MSOFFICEIWINWORD 1Min196MINF13-20-96.last.doc 8