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HomeMy WebLinkAbout1997_07_02 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING-Wednesday, July 2, 1997 - Town Center Court Room- 8:15 PM THE TOWN BOARD WILL CONVENE at 6:45 PM into an Executive Session to discuss personnel and adjourn into a Work Session at 7:30 PM to discuss the zoning law revision. CONVENE REGULAR MEETING CONVENE EXECUTIVE SESSION RECESS EXECUTIVE SESSION CONVENE WORK SESSION RECESS WORK SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION -Location of Exits PUBLIC HEARINGS-Amendments to Chapter 7 of the Town of Mamaroneck Code of Ethics (Section 17-3 Board of Ethics and Section 17-6 Disclosure) - Amendment to Town Zoning Ordinance for Food Related Businesses and Retail Hours of Operation BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business AFFAIRS OF THE TOWN 1. Authorization-PGA Golf Tournament Agreement 2. Authorization-Building Repair at Larchmont Library 3. Authorization- Consultant Services-Building Department 4. Authorization- Transfer of Funds- Street Lighting District 5. Salary Authorization-Recreation ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings-August 6, 1997 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. w MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON JULY 2, 1997 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK, 10543 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 Charlene Indelicato, Town Attorney CONVENE EXECUTIVE SESSION The Board convened into an Executive Session at 7:00 PM in Conference Room A of the Town Center to discuss litigation. 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 8:20 PM, who then pointed out the location of exits. PUBLIC HEARINGS -Amendments to Chapter 7 of the Town of Mamaroneck Code of Ethics (Section 17-3 Board of Ethics and Section 17-6 Disclosure) -Amendment to Town Zoning Ordinance for Food Related Businesses and Retail Hours of Operation Board of Ethics Section 17-6 - Disclosure The Supervisor requested that the Attorney explain the reason we are discussing changes to this law. The Attorney then explained that this matter had been before the Board members at a prior meeting, and that she had been requested to revise two sections of this law. The first dealt with changing the requirements for filings by employees, thus clarifying said terms more in accordance with State law. The Clerk then placed the legal notice of public hearing into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town July 2, 1997 Board of the Town of Mamaroneck on July 2, 1997 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of a proposed amendment to a Local Law entitled "Amendment to Chapter 7 of the Town of Mamaroneck Code of Ethics." The purpose of the amendment is to clarify the requirements for employee filing in accordance with State Law. The full text of this Local Law may be examined and copies obtained at the Town Clerk's Office during regular business hours(Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York PLEASE TAKE FURTHER NOTICE, that at -said Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments prior thereto. The Supervisor then asked if anyone wished to speak either in favor of or against the amendments. Councilman Ryan stated that he had no problem with amending this section of the law. Councilwoman O'Keeffe noted that she too had no problem with this amendment which was why she had agreed to separate amendments into two sections. On motion duly made and seconded the first section of the public hearing was closed, then on motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the following amendment was unanimously adopted: LOCAL LAW NO. 10 - 1997 This Local Law shall be known as "Amendment to Chapter 17 of the Town of Mamaroneck Code of Ethics". Be it enacted by the Town Board of the Town of Mamaroneck as follows: Section I. Purpose: The purpose of the amendment is to clarify the requirements for employee filing in accordance with State Law. Section 2. Article I: Section 17-6 Disclosure: A. Section 17-6 shall be amended as follows: 17-6 B On or before the date set forth in 17-6A, each employee shall also file a statement on the form prescribed by the Board of Ethics stating that he/she has read the Code of Ethics and has not knowingly or willfully violated the Code of Ethics. Section 3. Effective Date: This Local Law shall take effect immediately. PUBLIC HEARING -Amendment to Code of Ethics Section 17-3 Board of Ethics The Attorney explained that this amendment changed the eligibility qualifications 2 July 2, 1997 for appointment to the Board of Ethics. The Clerk placed the legal notice of public hearing into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on July 2, 1997 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of a proposed amendment to a Local Law entitled "A mendmen t to Chapter 7 of the Town of Mamaroneck Code of Ethics." The purpose of the amendment is to specify certain eligibility qualifications for appointment to the Board of Ethics. The full text of this Local Law may be examined and copies obtained at the Town Clerk's Office during regular business hours Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York PLEASE TAKE FURTHER NOTICE, that at said Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments prior thereto. The Supervisor asked if anyone wished to comment on this matter. Councilwoman O'Keeffe said that her concern was for good government and to have the perception of fairness, and its effects on people. She said that many appointments are political and it seems equitable to have the code modified, that the model code states no more than 2 of one party, the County codes says four, so lets make ours no more than 3 of the same party, she then moved to pass the law. Councilman Ryan said that this law would aggravate a structure that works and appeared to address a concern with the ethics of the Board rather than political party. Councilwoman Wittner said that she disliked seeing politics being brought into this, that the Board had heard from the Chair of the Board of Ethics that a problem has never existed or happened and that she did not see the need to appoint by party issues. Councilwoman O'Keeffe said that if she had to face a Board where everyone was of the opposite party, of yours, there could be a problem. Some members participate actively in campaigns and if she were to press for what she wanted, there would be no one active on a political committee on the Ethics Board. The Supervisor said that this isn't remedial and that she understood the positions of both sides on this issue. However, arguments against having a minority member uncomfortable with the Board's makeup were being heard, and the motion was not disproportionate. She then seconded the motion. LOCAL LAW NO. 9 - 1997 This Local Law shall be known as "Amendment to Chapter 17 of the Town of Mamaroneck Code of Ethics". Be it enacted by the Town Board of the Town of Mamaroneck as follows: Section I. Purpose: The purpose of the amendment is to specify certain eligibility qualifications for appointment to the Board of Ethics. 3 July 2, 1997 Section 2. Article I. Section 17-3 Board of Ethics: A. Section 17-3 shall be amended as follows: 17-3 Board of Ethics There is hereby established a Board of Ethics consisting of five (5) members to be appointed by the Town Board. All of said members shall reside in the Town of Mamaroneck and shall serve, without compensation, for a period of three (3)years to be determined by the Town Board. Initial appointments are to be staggered so that no more than two (2) member positions will expire in any one (1) year. A majority of such members shall be persons other than Town employees but shall include at least one (1) member who is an elected or appointed Town employee. No more than one (1) member shall be an elected or an appointed Town employee. There shall be no more than three (3) members who are enrolled in the same political party as defined in the Election Law of the State of New York. Section 3. Effective Date: This Local Law shall take effect immediately. Ayes: Weprin, O'Keeffe, Price Nays: Winner, Ryan Amendment to Town Zoning Ordinance for Food Related Businesses and Retail Hours of Operation The meeting was opened and the Town Attorney explained the change to the zoning law regarding food related establishments, food-related retail concerns, and the hours of operation of all retail uses in the Town, which would be from 5:30 am to 1:00 am, with the exception of those already in existence. It provides for the 'grandfathering' of existing establishments for a certain period of time. However, if the building was not used for one year or more, it would lose its standing as `nonconforming.' A special permit can be obtained in the Business Districts if the use meets all other guidelines within the law. Supermarkets are not addressed in this law. She added that the Business Districts in the Town are small, beginning on the Boston Post Road with Nathan's, ending at Lexus with a few on Myrtle Blvd. We are concerned also about the traffic and pedestrian safety, which is a planning issue that this Board is empowered to do, issues have to be adhered to, how do we define and sketch policy, what is the best for the community, we have to look at noise and it impact, traffic, intensity of use, and pollution. On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the hearing was declared open. Supervisor Price asked if there were any comments either in favor or against the law. The following people attended the hearing: Patsy Giacomo 93 Madison Avenue Thomas & Hilde Carino 35 Lester Place J. Robertson 38 Deane Place Sue Mulcahy 5 Deane Place Judy Silo 42 Deane Place Ann Moros 50 Iselin Terrace Jack Slyper 35 No. Chatsworth Ave. Renete Leva 35 No. Chatsworth Ave. W. Wissell 35 No. Chatsworth Ave. 4 July 2, 1997 Catherine Martyn 63 Sherwood Drive Joseph Carducci 4 Winas Street Barbara Russo 71 Iselin Terrace Emie Odiema 5 Highridge Road Eileen Weingarten 1 Brook Place Kathy Almquist 49 Stuyvesant Avenue Ralph Engel 6 Rockwood Drive Donald S. Mazin 1415 Boston Post Road John Mercaldi 1262 Boston Post Road Russell Taylor 55 Sherwood Drive William O'Gorman 5 Revere Road Wynne B. Stem, Jr. 35 No. Chatsworth Ave. Renee Lilienthal 35 No. Chatsworth Ave. Evelyn Mackensie 8 Dillon Road John Mackensie 8 Dillon Road Beverly Langhlon 1058 Palmer Avenue The Supervisor and Town Attorney both explained the new law which provides for clarifying laws and guidelines for food establishments and forestalls opposition by conforming with laws imposed by surrounding communities that have been effective. Laws dealing with retail food operations are mostly dealing with the hours in which they may operate. Conformance with surrounding communities with similar constraints are in effect and working. New Rochelle for one has set time limits successfully. Supervisor added that traffic patterns, garbage generated, more people, and activity overall were some of the issues. Restaurants in existence will be grandfathered; if in the event of closure, they would keep the same status as long as they reopened within one year. She said that the current code did not have a definition for fast food restaurants. That mainly there are three issues: defining retail food establishments, the hours of operations, and looking at things like traffic patterns in areas already overburdened. There is no case law dealing with this as yet. Win Stem, Carlton House, said that he understood that issues on rights to free industry had to be dealt with, but questioned allowing fast food business in certain areas such as in his neighborhood Supervisor replied that there was no applications for fast food in his area. Evan McKenzie, Dillon Road, spoke on the problems caused by the opening of Staples and CVS and other stores on the Boston Post Road. He said that traffic is horrendous. He also questioned allowing left-hand turns in that area. Supervisor Price said that since that is a state road that Assemblyman Tocci had been requested to address the issue. Councilwoman Wittner added that the Town had encountered a terrible time convincing the State Department of Transportation that left turns are a problem in this area. Ralph Engel, Pine Brook Association, said that he was surprised that the issue of fast food and supermarkets were being addressed by this law; that a supermarket must have 3.5 acres contiguous, which would give Stop and Shop a monopoly. The Attorney responded that supermarkets were included as a food related issue, based on trip generation, etc. Supervisor Price informed him that in 1988, the Master Plan had been updated, and that it dealt with supermarkets on the Boston Post Road, and addressed the issues of small trip generating retail establishments, adding that there was no prohibition against supermarkets assembling smaller units of land into one large lot. Ralph Engel, said that if an A&P disappears because it was unable to enlarge the lot, it would leave a monopoly for Stop and Shop. He said that more competition was needed, that fast food was being put in people's back yards, that residents concerns deserve first priority, and that since Fifth Avenue was basically industrial, that fast food shops should be put there. 5 July 2, 1997 The Supervisor assured him that the residents were a top priority with this Board. The issues being addressed were caused by that concern. She then outlined that informally surveyed establishments had hours of operation that varied widely; the Bagel Place opened at 7:00 am, Friendly opens at 8 am, none opened at 5:30 am. The hours to open should be set for later that 5:30 am. We did not ignore the rights of residents. We are documenting our concerns, pedestrian traffic, car traffic patterns, noise, and creating buffer zones, but remember that fast food has been here for 25 years. By defining the hours we are then able to survive a legal challenge. Previously the hours of operation had been set on an application by application basis by the Planning Board during the site plan review. A resident stated that she would object to fast food being allowed on Myrtle Boulevard. The Supervisor replied that it is not allowed there. Katherine Mairer, Sherwood Drive, said that they already have problems with cars and noise. Thomas Carino, Lester Place: "if you put something near us, it will add to the dangerous situation because the traffic is already heavy". Eileen Weingarten, Brook Place said that it sounded to her like the Board has made it difficult for supermarkets, so why not do the same for fast food. Supervisor replied that the Board was trying to set limits and still be able to withstand a challenge. It has to be sustainable, but the Board could not ban fast food, or give the appearance of sustaining on one type of business, but not another. She said that quality of life is impacted tremendously, noting that the impact of the A&P on Shore Road, in New Rochelle was incredibly negative. Russ Taylor, Sherwood Drive, spoke on the problems generated by LaRiserva and its expansion saying that cars are parking all over the place, children have to walk in this direction and it's already dangerous, and that fast food should be banned. Supervisor Price said that the Board is trying to make limits, but that we have no authority to an outright ban of fast food, but that we have a real concern about this. Mr. Engel, said that the hours are far longer than necessary. Supervisor informed him that it was the intent to make openings later than 5:30 am. Mr. Stern, said that he liked the way that the Town Board conducted this meeting, and its review of this law. He said that the attention and concern of this Board was gratifying and thanked all the Board members. The Supervisor explained that this Public Hearing would be adjourned, and that further review was necessary. She thanked everyone and on motion made and seconded the hearing was closed. 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: Paul A. Ryan . Commissioner: Valerie M. O'Keeffe Commissioner:_ Barry Weprin Commissioner: Phyllis Wittner 1. Fire Claims: AAA Emergency Supply Co., Inc $179.96 6 July 2, 1997 AAA Emergency Supply Co., Inc 69.50 Carrott Top Flags 445.00 Dri-Chem Extinguisher Co. 140.00 Excelsior Garage & Machine Works, Inc. 2300.62 Gall's Inc. 8.49 Giacomo Service Center Inc 165.00 Grant's of Larchmont 260.00 Metro Com North 911.50 Metro Corn North 735.00 NYNEX 441.51 O.S.P Fire Protection 75.00 Poland Springs 91.40 Printwear Plus 870.00 Redwood Nursery 8.00 Redwood Nursery 125.00 Valhar Chemical Inc. 70.90 Westchester Joint Water Works 83.13 Giacomo Service Center, Inc. 165.00 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 8:45 PM. AFFAIRS OF THE TOWN 1. Authorization - PGA Golf Tournament Agreement The Administrator outlined the terms of the agreement with the PGA, noting that the PGA will pay$52,719.36 for traffic control, fire protection, and security services which will be provided by the Town of Mamaroneck. The PGA will also pay to the PBA.$16,470 for security services that the PBA are providing at the tournament. At the request of the PBA, the Town will act as the conduit for the funds that will be distributed through our purchasing system. He added that for their use of the Hommocks Field, the PGA will pay to the Town $5,000, and recommended that the Board authorize the agreement. On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously: RESOLVED, that the Town Board does hereby authorize the Agreement with The PGA for them to pay to the Town $52,719.36 for traffic control, fire protection, and security services that will be provided by the Town of Mamaroneck. The PGA will also pay to the PBA$16,470 for their providing security services at the tournament, and a $5,000 payment will be made to the Town for the PGA's use of the Hommocks Field; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute the agreement on behalf of the Town. 7 July 2, 1997 2. Authorization - Building Repair at Larchmont Library The Administrator reported that the Village of Larchmont has discovered that the parapet walls at the Library must be rehabilitated. A listing of the bids received to make the necessary repairs appears below. In accordance with the terms of the inter-municipal agreement between the.Town and the Village of Larchmont, both communities must approve capital projects involving the library building. The recommendation is to award the project to the lowest bidder, Robert Anderson &Co. Inc., for a cost of$36,400. He said the funding for the project will be through a transfer of surplus funds from the Library Fund. Following discussion, on motion of Councilman Weprin, seconded by Councilwoman Wittner, it was unanimously: RESOLVED, that the Town Board does hereby award the project to the lowest bidder Robert Anderson & Co. Inc. for a cost of$36,400. To repair parapet walls at the Larchmont Library. The bids were opened on Thursday, May 29, 1997, at 11:00 AM, with the following results: Contractor Total Bid Robert D. Anderson &Co. Inc. $36,400.00 The Grenadier Corp. 38,364.00 Empire State.Construction Co. 43,000.00 N. Picco & Sons Contracting Co., Inc. 48,900.00 3. Authorization -Consultant Services - Building Department Authorization was requested by the Town Administrator to enter into an agreement with Mr. William Jakubowski to act as a consultant to the Town in the Building Department until such time as his replacement is hired, Mr. Altieri said that under the requirements of the State Retirement System his last day on payroll must be July 8, 1997. Therefore, Mr. Jakubowski was asked to stay on as a consultant with the Town. His fee for services would be paid on an hourly basis for the hours actually worked in the Building Dept. The fee would be$38.00 per hour which has been calculated on the basis of his current annual salary of$64,775 and a factor for social security tax. Mr. Altieri thought that he would work through the end of August. On motion of Councilman Weprin, seconded by Councilwoman Wittner, it was unanimously: RESOLVED, that the Town Board does hereby authorize the Consulting Agreement with William Jakubowski to act as a consultant on an hourly rate of$38.00 per hour. 4. Authorization -Transfer of Funds -Street Lighting District The Administrator said that as the Board is aware, we will soon be installing the new gateway signs designed by Meeker and Associates. To enhance the appearance of the signs, they will be installed on decorative street lamps similar to the lamps around Gardens Lake. In order to proceed, authorization is requested to transfer funds in the amount of$19,000 from the unreserved balance of the Street Lighting District into the Street Lighting Districts equipment 8 July 2, 1997 account. The funds will be for the purchase of the street lamps. On motion of Councilman Weprin, seconded by Councilwoman Ryan, it was unanimously: RESOLVED, that the Town Board does hereby authorize the Transfer of Funds in the amount of$19,000 from the unreserved balance of the Street Lighting District into the Street Lighting Districts equipment account. 5. Salary Authorization - Recreation On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously: RESOLVED, that the Town Board does hereby authorize the payment of salary to the following: Hommocks POOL Andrew Phillips Lifeguard $ 7.50 1hour Jennifer Curley Lifeguard $ 8.00/hour Winona Barton-Ballentine Lifeguard $ 6.50/hour Elinor Graham Lifeguard $ 6.50/hour Lizandro Zuniga Alternate Lifeguard $ 8.00/hour Wilma Birmingham Alternate Lifeguard $ 8.00 1hour Jeanne Pollak Head Swim Coach $ 7,000 1season Christine Archer Assistant Swim Coach $ 2,000 1season Scott Rogers Diving Coach $4,500 1season Cynthia Orts Head Swim Instructor $18.00 1hour Elena Petruzzelli Swim Instructor $16/50/hour Jeanne Pollak Swim Instructor $16.50 1hour Christine Archer Alt. Swim Instructor $12.00 1hour Maria Francella Swim Instructor $16.50/hour Joanne Murphy Swim Instructor $16.50/hour Ying Li Key Attendant $ 6.75/hour Angela Legramandi Alt. Key Attendant $ 6.50/hour David Marks Key Attendant $ 5.25/hour Peter Braverman Key Attendant $ 5.25 1hour Bill Roehr Key Attendant $ 5.25/hour Eric Sokoloff Key Attendant $ 5.00/hour Kendra Langelotti Key Attendant $ 5.50 1hour Paul Nierodzinski Key Attendant $ 5.00 1hour Ariana Albert Key Attendant $ 5.00/hour Chris Vaughn Early Morning Swim Lifeguard $20.00/hour Tracy Augustine Early Morning Swim Lifeguard $20.00 1hour MURRAY PRE SCHOOL Brian Sestito Counselor $130 1week James Idoni Counselor $125 1week Karen Abad Counselor $105 1week 9 July 2, 1997 PLAYGROUND Tim Lishke Counselor $213 1week Christine Bisordi Counselor $195 1week Edie Ann Reidy Music/Dance Specialist $ 25 1hour MONROE PRE SCHOOL(moved from Larchmont Avenue) Diane Keller Unit Leader $270 1week Mary Gillick Nature Specialist $ 15/hour Jody Perucci Counselor $1601week Sarah Perucci Counselor $1731week CENTRAL TENNIS COURTS Paul Nierodzinski Attendant $ 5.00 1hour TENNIS INSTRUCTIONS Nick Holt Instructor $ 9.00 1hour Jason Hauser Instructor $11.00 1hour David Rosenbluth Instructor $12.00 1hour Noah Marcus Instructor $10.00/hour Bret Quinn Instructor $ 9.00 1hour Jennifer Rock Instructor $16.00/hour $20.00 1hour Marc Fenichel Instructor $ 9.00 1hour Ernie Odierna stated that they were having a meeting at the firehouse, and made a complaint regarding the street light at Carl's still not working correctly. Irving Scharf informed the Board that rent control should be looked at by this Board, and a committee should be formed to look at decontrol.. ADJOURNMENT On motion duly made and seconded the meeting was adjourned. C:IMSOFFICEIWINWORDIM in197minf107-02x.doc 10