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HomeMy WebLinkAbout1998_03_04 Town Board Regular Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING-Wednesday,March 4,1998,Town Center Court Room, 8:15 PM THE TOWN BOARD WILL CONVENE at 7:15 PM into an Executive Session to discuss personnel/litigation. CONVENE REGULAR MEETING RECESS INTO EXECUTIVE SESSION CONVENE EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION-Location of Exits CONTINUATION OF PUBLIC HEARING-Amendment to Zoning Ordinance-Food Related Business BOARD OF FIRE COMMISSIONERS 1. Monthly Report AFFAIRS OF THE TOWN 1. Appointment-Beautification Committee 2. Set Public Hearing-Amendment-Town of Mamaroneck Sewer Act 3. Authorization-Settlement of Certiorari 4. Authorization-Construction Management Contract-Hommocks Ice Rink 5. Salary Authorization-Recreation APPROVAL OF MINUTES-January 7, 1998 -January 21, 1998 -February 4, 1998 PROCLAMATION WOMAN'S HISTORY MONTH ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS - REPORTS OF THE COUNCIL Next regularly scheduled meetings-March 18, 1998 -April 1, 1998 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 4, 1998 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Elaine Price Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Wittner ABSENT: Councilman Paul A. Ryan ALSO PRESENT: Patricia Samela, Deputy Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney CONVENE EXECUTIVE SESSION The Board convened into an Executive Session at 7:15 PM in Conference Room A of the Town Center to discuss personnel and 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 8:30 PM, who then pointed out the location of exits. ADJOURNED PUBLIC HEARING -Amendment to Zoning Ordinance - Food Related Business On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the hearing was reconvened. The Supervisor asked if anyone wished to either speak-in favor of or against the proposed amendment. Mr. Vincent Ferrandino, consultant for this amendment, complimented the Town Attorney and Town Administrator and Town Board members for . their work on this law. He felt that this could be a model for the County. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the hearing was closed. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the following amendment to the Zoning Ordinance was unanimously adopted: March 4, 1998 LOCAL LAW NO. 4 - 1998 LOCAL LAW NO. 4 - REGULATING THE APPROVAL OF NEW FOOD-RELATED RETAIL ESTABLISHMENTS AND THE HOURS OF OPERATION OF ALL RETAIL USES IN THE TOWN OF MAMARONECK BE IT ENACTED by the Mamaroneck Town Board as follows: Section 1. The Local Law shall be known and may be cited as the Regulation of New Food-Related Retail Establishments and the Hours of Operation of All Retail Uses in the Town of, Mamaroneck. Section 2. Legislative Intent and Findings of Fact: A. Background Prompted by concern over potential adverse impacts associated with the extended hours of operation of retail uses (including traffic, noise and loitering) and the unregulated proliferation of food-related retail uses (including adverse impacts on traffic circulation, parking and aesthetics), the Town Board imposed a 13 month moratorium on December 4, 1996, "to provide adequate time to research, draft and propose amendments to the Town Zoning Code that will prevent the unrestricted, unregulated proliferation of food- related retail establishments in the Business District and Service Business District in the Town of Mamaroneck and the extended hours of operation of retail businesses, which may adversely impact both their immediate neighborhood as well as the larger community." Retail businesses that have extended hours of operation in close proximity to nearby residences (into the late evening and early morning) have been found to have negative impacts on adjoining residences due to noise, lighting, loitering and traffic to and from such businesses. In the Town of Mamaroneck, almost all retail businesses are located in close proximity or adjacent to residences, schools, and recreational facilities. After enacting the 13 month moratorium prohibiting the acceptance of applications for new or expanded food-related retail establishments in the Town of Mamaroneck, the Town Board charged the Town Administrator and Town Attorney jointly with the preparation of a study of existing food-related retail uses in the Town, the regulations of such uses, and an impact analysis of enacting such regulations in the Town of Mamaroneck. The analysis included i) developing food-related retail definitions; ii) a review of potential adverse impacts associated with food-related retail uses; iii) a review of the history of food-related retail regulations; iv) a review of relevant case law; v) an inventory of existing food-related retail establishments in the Town; vi) development of criteria for food-related retail special permit regulations in the Town; vii) an impact analysis of the proposed special permit standards; viii) a review of the hours of operation of all retail uses; and ix) findings and conclusions. B. Legislative Findings of Fact Based upon the experiences of other municipalities similar to the Town of Mamaroneck, and given the potential adverse impacts associated with certain food-related retail uses, the Town of Mamaroneck concluded that i)when unregulated, retail businesses and food- related retail establishments can create nuisances associated with hours of operation; ii) food-related retail uses, when unregulated, can cause nuisances associated with loitering, odors, and littering; iii) fast-food restaurants, take-out food establishments, and convenience stores, when highly concentrated, have been found to have negative secondary effects, including impacts associated with cumulative traffic generation , parking demand and visual impacts; and iv) the high rate of trip generation of food-related retail uses necessitates that such uses be located along (and have access onto) major 2 March 4, 1998 arterials. Given the findings outlined above, the following regulations for retail uses in the Town of Mamaroneck were recommended. i. All food-related retail uses should abut and have access onto an arterial road and not local or collector streets. ii. Fast-food restaurants, take-out food establishments, and convenience stores should be prohibited from locating within three-hundred (300) feet of a lot line of any other such use. iii. Drive through service at fast-food restaurants, take-out food establishments, and convenience stores should be prohibited. iv. Any proposal for a new or expanded fast-food restaurant, take- out food establishment, convenience store, or supermarket shall require site plan review if the action involves: 1. an expansion of the building envelope and/or 2. an expansion of the parking area and/or 3. an increase in seating capacity and/or 4. a change in signage V. Existing food-related retail uses are permitted to continue operating as pre-existing non-conforming uses, but upon discontinuance of a non-conforming use for more than one (1) year, such establishment shall conform to the provisions of this code. vi. Any new co-branded fast-food establishment shall be required to apply for a special permit. vii. Any pre-existing non-conforming fast-food establishment which seeks to convert to a co-branded establishment, as defined herein, shall require a use variance. viii. The hours of operation for all retail uses shall be limited from 6:00 am to midnight. C. Legislative Intent The purpose of these regulations is to allow, but prevent the proliferation of, food-related retail uses for the purpose of minimizing the potential adverse affects associated with such uses. Potential secondary effects which may arise as a result of the unregulated proliferation of food-related retail establishments in the Town of Mamaroneck include traffic congestion, on-street parking deficiencies, littering, odors (nuisance), visual impacts, and an impact on the community character and quality of life in the Town of Mamaroneck. Therefore, the controls as set forth in Section 3 herein have been designed to protect and preserve the quality and character of the Town's neighborhoods and commercial districts, among other things discouraging loitering, promoting the Town's efforts to enhance the appearance of its commercial centers, and maintaining property values. Section 3. Scope of Controls A. Amendments to the Code of the Town of Mamaroneck. In accordance with the legislative intent of this Local Law, Chapter 240 of the Code of the Town of Mamaroneck is hereby amended as follows: I. Section 240-4 - "Definitions" of the Code of the Town of Mamaroneck is hereby amended by adding thereto the following definitions: 3 March 4, 1998 Cafeteria. An establishment engaged in preparing and serving a full line of food and beverages primarily through the use of a service line where the customer serves himself or is served from displayed selections and, where table or booth seating facilities are available, some limited waitperson service may be provided. Co-Branding. The expansion of an existing fast food establishment use, as defined, or portion thereof which is not incidental or subordinate to the principal use, but rather co- exists as a similar principal use on the same lot and within the same building. Convenience Store. Any retail establishment of not more than two-thousand (2,000) square feet offering a wide variety of goods and merchandise for sale to the public, whose principal products include food, beverages, candy and cigarettes, and where most products are sold for consumption upon leaving the establishment. The term "convenience store" shall not be considered to include supermarket or grocery store. Delicatessen. An establishment which prepares and sells food and beverages ordered from a counter or display case where the patron selects from a variety of ingredients (meats, fish, salads, etc.)which are assembled, as requested by the patron, and/or are available separately for purchase by weight or quantity, and in which tables, chairs or counters for the consumption of food on the premises are not provided. Fast-Food Restaurant. An establishment primarily engaged in the sale of ready-to- consume food and beverages, generally served in disposable or prepackaged containers or wrappers, in which patrons usually select their orders from a posted menu offering a limited number of specialized items such as, but not limited to, hamburgers, chicken, fish and chips, pizza, tacos, and hot dogs; these items are prepared according to standardized procedures for consumption either on or off the premises in a facility where a substantial portion of the sales to the public is by drive-in or stand-up service and primary clean-up is generally performed by the customer. The term "fast-food restaurant" shall not be considered to include restaurant, delicatessen, take-out establishment, bakery or ice cream/confectionery store. Food Court. A retail establishment in which space is leased and/or operated by more than one fast-food restaurant, take-out establishment or ice cream/confectionery store, as defined in this ordinance, in which a common seating area is shared by lessees, and where customers.order from and are served by individual personnel identified with the various product lines at individual counters. Food-Related Retail. Any retail business primarily engaged in the sale of food products, whether consumed on or off premises. Grocery Store. A retail store of not more than five-thousand (5,000) square feet selling a limited assortment of food-related products and sundries. Ice Cream/Confectionery Store. An establishment primarily engaged in the rapid retail sale of ice cream, frozen yogurt and/or other confectionery desserts and beverages from a counter or display case where the food is sold primarily for consumption off the premises and where the floor area devoted to customer seating has twelve (12) or fewer seats and complies with the area requirements of the New York State Uniform Fire Prevention and Building Code. The term "ice cream parlor" shall not be considered to include fast-food restaurant or delicatessen. Luncheonette. An establishment engaged in offering ready-to-consume and made-to- order food that is prepared on premises and served at a sit-down counter, and/or limited table service may also be provided. The menu is usually limited to breakfast and/or lunch and a limited assortment of sundries may be offered at the counter for sale. Restaurant. An establishment which prepares and serves food and beverages selected by patrons from a full menu, served by a waitperson, and consumed on the premises, and which has permanent seating facilities and counters or tables adequate to accommodate all customers served. To the extent that food is separately ordered and taken out, this latter function shall be considered accessory to the primary restaurant use. The term "restaurant" shall not be considered to include fast-food establishment, delicatessen, 4 March 4, 1998 take-out food establishment, bakery or ice cream/confectionery store as described elsewhere in this section. Supermarket. A retail store of more than five-thousand (5,000) square feet selling a complete assortment of food and food preparation materials, household items and other retail items. "Supermarkets" may contain accessory pharmacies, delicatessens, meat and fish markets, bakeries and florists within the principal use structure. Take-out Food Establishment; Bakery. An establishment which prepares and sells food and beverages served in disposable containers, ordered by telephone, or from a counter or display case, where the patron selects from a fixed menu consisting primarily of freshly prepared foods, beverages or baked goods, which foodstuffs are sold primarily for consumption off the premises but may also include customer seating provided that the area devoted to such seating is clearly accessory to the main business, has twelve (12) or fewer seats, and complies with the area requirements of the New York State Uniform Fire Prevention and Building Code. ii. Section 240-30 "Business,District: B" of the Code of the Town of Mamaroneck as follows: Section 240-30. Business District B. A. Principal uses. (1) Store for sale of goods at retail or performance of customary personal services or service clearly incidental to retail sales, but no fabrication or manufacturing except incidental to and on the same premises as such retail sales. The hours of operation for all retail uses shall be from 6:00 a.m. to midnight. (2) (Reserved) (3) Indoor recreation or amusement establishments. (4) Business or professional offices. (5) (Reserved) (6) Municipal uses. (7) Public utility structures serving a local area. B. Special permit uses, subject to conformance to additional standards as provided herein and in Article IX (Sections 240-60 to 240-65). (1) (Reserved) (2) Radio, television and other electronic transmission structures and towers. (3) Motels and hotels. (4) Veterinary hospital, boarding and care of small pets. (5) Undertaking and funeral homes. (6) Newspaper printing and publishing. (7) Nursery use: for the sale of plants, trees, shrubbery, nursery stock, seeds, nursery supplies, fertilizers, soil conditioners, garden hand tools and accessories, and gardener's masonry and incidental supplies (fruits, vegetables and food not permitted). The land area shall be sixty thousand (60,000) square feet or more if used for nursery business purposes. (8) Restaurants (see C (1) below). C. Food-related retail uses subject to the additional special permit standards provided herein. The hours of operation for all food-related retail uses listed below shall be.limited to the hours between 6:00 am until midnight, unless controlled by State Law. (1) Restaurants as defined in this chapter. (a) The minimum setback from a fully-enclosed trash disposal area associated with a food-related retail use and an adjacent residential property line shall be twenty-five (25) feet. (2) Take-out food establishment, delicatessen or convenience store as defined in this chapter, subject to the following conditions: 5 March 4, 1998 (a) Such use shall not be located within three-hundred (300) feet of the lot line of any other such use, or any legal and/or legal non-conforming food-related retail use, within or outside the boundaries of the Town. (b) Drive through service shall be prohibited. (c) Access to all food-related retail uses shall be via a major arterial. (d) The minimum setback from a fully-enclosed trash disposal area associated with a food-related retail use and an adjacent residential property line shall be twenty-five (25) feet. (e) Any proposal for a new or expanded business shall be required to go through Site Plan Approval if the action involves: (1) an expansion of the building envelope and/or (2) an expansion of the parking area and/or (3) an increase in seating capacity and/or (4) a change in signage (f) When a proposal for a new and/or expanded stand-alone, fast-food restaurant, take-out food establishment, delicatessen and/or convenience store requires either special permit and/or Site Plan Approval, such application shall also require Board of Architectural Review approval, pursuant to Chapter 3 of the Town Code. (g) A non-conforming fast-food establishment, as defined herein, which seeks to convert to a co-branded fast-food establishment, shall require a use variance. (3) Supermarket subject to the following additional conditions. (a) The minimum lot size for a supermarket shall be 3.5 acres. (b) Such use shall not be located within three-hundred (300) feet of the lot line of any other such use. (4) Grocery Store. (a) Such use shall have a gross floor area of not more than five-thousand (5,000) square feet. (5) Ice Cream/Confectionery Store. (6) Cafeteria. (7) Luncheonette D. Accessory uses. (1) Any accessory building or use customarily incident to a permitted use. (2) Signs, exterior spotlighting or other illumination of buildings as permitted [by the Building Code] under the provisions of Chapter 175. Signs. iii. Section 240-31. "Service Business District: SB" of the Code of the Town of Mamaroneck as follows: Section 240-31. Service Business District SB A. Principal uses: (7) Restaurants as defined in this chapter (a) The hours of operation shall be limited from 6:00 a.m. until midnight. (8) Luncheonette (9) Ice Cream/Confectionery Store (10) Wholesale or storage business in enclosed buildings (11) Municipal uses. 6 March 4, 1998 (12) Public utility structure serving a local area. B. Special Uses (8) Fast-food restaurant, take-out food establishment delicatessen or convenience store subject to the following conditions: (a) Such uses shall not be located within three-hundred (300) feet of the lot line of each other within or outside the boundaries of the Town. (b) Drive through service shall be prohibited. (c) Access to all food-related retail uses shall be via a major arterial. (d) The minimum setback from a fully-enclosed trash disposal area associated with a food-related retail use and an adjacent residential property line shall be twenty-five (25) feet. (e)' Any proposal for a new or expanded business shall be required to go through Site Plan Approval if the action involves: (1) an expansion of the building envelope and/or (2) an expansion of the parking area and/or (3) an increase in seating capacity and/or (4) a change in signage (f) When a proposal for a new and or expanded stand-alone, take-out food establishment, delicatessen and/or convenience store requires either special permit and/or Site Plan Approval, such application shall also require Board of Architectural Review approval pursuant to Chapter 3 of the Town Code. The Board of Architectural Review shall have the authority to modify or omit standardized facades, signs, materials, colors or other elements of the business's design and external appearance which violate the provisions of the Town's Sign Ordinance so as to achieve the Town's land use and design objectives. (g) An existing fast-food establishment, as defined herein, which seeks to convert to a co-branded fast-food establishment, shall require a special permit. (9) Supermarket (a) The minimum lot size for a supermarket shall be 3.5 acres. iv. Section 240-25. "Business-Mixed Use Business District: BMUB" of the Code of the Town of Mamaroneck as follows: Section 240-25. Business-Mixed Use Business District BMUB. D. Special Uses as follows: (1) (Reserved) (2) Radio, television and other electronic transmission structures and towers. (3) Motels and hotels. (4) Veterinary hospital, boarding and care of small pets. (5) Undertaking and funeral homes. (6) Newspaper printing and publishing (7) (Reserved) (8) Nursery use: for the sale of plants, trees, shrubbery, nursery stock, seeds, nursery supplies, fertilizers, soil conditioners, garden hand tools and accessories, and gardener's masonry and incidental supplies (fruits, vegetables and food not permitted. The land area shall be sixty thousand (60,000) square feet of more if used for nursery business purposes. (9) Restaurants as defined in this chapter. (10) Mixed use developments, including the following uses, separately or in combination, subject to the standards set forth below in Subsection E and subject to site plan approval by the Planning Board: 7 March 4, 1998 (a) Multifamily dwelling. (b) Business and professional offices (c) Retail stores, personal service establishments v. Section 240-32.1. "UR-Urban Renewal Areas" of the Code of the Town of Mamaroneck as follows: Section 240-32.1. UR-Urban Renewal Areas. In any area determined by the Town Board to be appropriate for designation under Article XV of the General Municipal Law as an urban renewal area, one (1) or more of the following uses shall be permitted in accord with the provisions of an adopted urban renewal plan. A. Any permitted or special permit use in the Business District- B, in accord with the construction requirements therefore set forth in Section 240-45. In accordance with the legislative intent of this Local Law, Chapter 3 of the Code of the Town of Mamaroneck is hereby amended as follows: I. Section 3-6 - " Board of Architectural Review" of the Code of the Town of Mamaroneck is hereby amended as follows: 6. Standards for Board Action: imposition of conditions Add to Section 3-6-D, line 6 after the word "structure" and before the word "except" the following: The Board of Architectural Review shall have the authority to modify or omit standardized facades, signs, materials, colors, or other elements of the businesses design and external appearance which violate the provisions of the Town's Sign Ordinance and/or so as to achieve the Town's land use and design objectives. Section 4. Pre-existing Food-Related Retail Business Any existing food-related retail business which has regularly conducted business activities prior to the effective date of this Local Law shall be exempt from this Local Law. Such business shall be considered pre-existing non-conforming use (relating to the business on the premises) in which it is located and shall be terminated (if such use does not become conforming under the proposed regulations) upon discontinuance of the business for a period of greater than one (1) year. Section 5. Penalties Any person, corporation, partnership or entity that establishes, constructs or installs any building, improvement, structure, or conducts or operates any land use in violation of the provision of this Local Law, shall be guilty of a violation, and upon conviction, subject to a penalty of up to $250.00 for each day that such violation continues to exist. Nothing herein shall be construed to limit the authority of the Town to seek and obtain injunctive relief for any violation of this law. Section 6. Validity Should any word, section, clause, paragraph, sentence, part or provision of this Local law be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any other part of this Local law which can be given without such invalid part or parts. E 8 March 4, 1998 Section 7. Superseding All ordinances, local laws and regulations of the Town of Mamaroneck in conflict with the provisions of the Local Law are hereby superseded to the extent necessary to give the Local Law full force and affect. Section 8. Effective Date This Local Law shall take effect immediately. Before continuing the meeting, the Supervisor informed everyone that Paul Ryan was ill and in the hospital, but he was on the mend. She then said everyone wished him well. The regular meeting was closed and reconvened as Board of Fire Commissioners on motion by Councilwoman O'Keeffe, seconded by Councilwoman Wittner. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price 8:40 PM in the Court Room. Present were the following members of the Commission: 9 Commissioner: Elaine Price Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Commissioner: Phyllis Wittner Absent: Commissioner: Paul Ryan 1. There were no fire claims presented for payment at this meeting. 2. Fire Report For The Month Of February 1998 The following report out lines responses to calls made during the month of February 1998. It summarizes the nature and origin of calls, the number of men responding and the total times spent at fire calls. NATURE OF CALLS: ORIGIN OF CALLS: GENERAL 20 FIRE PHONE 17 MINOR 10 TOWN POLICE 08 STILLS 00 LARCHMONT FD. 01 FALSE 06 COUNTY CONTROL 01 OUT OF TOWN 01 911 02 MONTHLY DRILL 02 OTHER 01 TOTAL 32 TOTAL 30 TOTAL NUMBER OF MEN RESPONDING: 322 TOTAL HOURS RESPONDING: 26 HOURS AND 38 MINUTES Respectfully submitted, Michael J. Acocella, Chief. 9 March 4, 1998 Commissioner Weprin once again mentioned that it would be helpful if there were more information on the monthly fire reports. Would like to see a little more detail added. Then he asked what a still call was. No one on the Board seemed to know. Commissioner O'Keeffe said that she would try to find out at the next Fire Council meeting. The Supervisor said that she would ask the Fire Chief to make a note if there is anything important that comes through. There being no further business to come before the Commission, on motion of Commissioner O'Keeffe, seconded by Commissioner Wittner, the Commission unanimously adjourned at 8:45 PM and reconvened the regular meeting. AFFAIRS OF THE TOWN 1. Appointment - Beautification Committee On motion of Supervisor Price, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that Patricia A. O'Donnell, 723 A Larchmont Acres, is hereby appointed as a member of the Beautification Committee of the Town of Mamaroneck effective immediately for no set term. 2. Set Public Hearing -Amendment to the Sewer Act The Administrator explained that the purpose of the public hearing would be to consider a proposed amendment to our sewer act concerning the discharge of materials to sanitary and storm sewers. Chapter 173 of the Town Code regulates the use of the Town's sanitary sewer system. The law establishes a series of standards governing the type and quantity of materials that can be discharged into the sanitary sewer system. It also prohibits the discharge of certain materials into the sewer system. He said that the law, in its current form, only regulates the discharge of materials into the sanitary sewer system but does not address our storm sewer system. He said there had been a recent incident where we observed a commercial restaurant dumping grease into the storm sewer system. He said that someone from the Town spoke with the restaurant owner regarding this matter and the specific incident has been resolved. It was realized however that our current laws do not provide a clear mechanism for enforcement of dumping in the storm sewer system. Therefore, the Town Attorney has drafted the amendment to our sewer act that will incorporate storm sewers into the legislation. If the Board agrees with this proposal a public hearing should be set for the next meeting. Councilwoman O'Keeffe suggested an addition to the amendment, and thereafter on her motion, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby set the date for public hearing on the amendment to the Sewer Act for March 18, 1998, at 8:15 PM or as soon thereafter as possible; and BE IT FURTHER RESOLVED, that the Town Board does hereby authorize the Town Clerk to publish the notice of public hearing in an official Town newspaper. 3. Authorization -Settlement of Certiorari - 1916-1918 Palmer Avenue - Block 606 Lot 440 10 - r March 4, 1998 The'Town portion of the refund will be approximately $5,000.00 and a loss of taxes in the amount of$1,700.00 per year. The Village portion of the refund will be approximately $6,000.00 and a loss of taxes in the amount of$2,000.00 per year. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Winner, the Certiorari settlement was unanimously approved as follows: 1916-1918 Palmer Avenue Block 606 Lot 440 Tax Amount of Year Assessment Reduced to Reduction 1995 $37,500 $26,250 $11,250 30% 1996 $37,500 $26,250 $11,250 30% 1997 $37,500 $26,250 $11,250 30% Total Loss Loss to Town Loss to Village 1995 $3,588.97 $1,705.16 $1,883.81 1996 $3,756.94 $1,784.81 $1,972.13 1997 $3,777.45 $1,731.26 $2,046.19 4. Authorization - Construction Management Contract - Hommocks Ice Rink The Administrator said that authorization is requested to enter into an agreement with Tartaglione Consultants to assist with the rebidding and construction of the new locker rooms at the Hommocks Ice Rink. He said that the Town has been seeking a more cost- effective method of completing this project and has spoken with Tartaglione Consultants about an alternate building system which is expected to reduce the cost of the project. Therefore we would like to retain the firm for the following services: Coordinate the new drawings to reflect the pre-engineered steel package of components for construction of the addition. Oversee the rebidding of the project for the various prime contracts. Review the bids and prepare contract award recommendations. Oversee the construction program and provide a project manager to coordinate actual construction of the project. He added that the proposed fee foe services will be $15,000 plus reimbursable expenses. If approved, authorization should also be granted to transfer funds from the General Town - Unreserved Balance to the Ice Rink Budget Account. There was a discussion and the`Administrator said that he would provide a supplemental report to the Board. Councilwoman O'Keeffe questioned the$15,000 fee to Tartaglione Consultants. Mr. Altieri said that he would break the fee down into the various phases of the construction and would send a supplement out to the Board members. 11 March 4, 1998 The Supervisor stated that this was the third time they were trying to get this project underway and this is something that has to happen. On motion of Councilwoman Wittner, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Town Administrator to enter into an Agreement with Tartaglione Consultants at a fee of$15,000 plus reimbursable expenses for them to provide the following services in conjunction with the Hommocks Ice Rink Project: Coordinate the new drawings to reflect the pre-engineered steel package of components for construction of the addition. Oversee the rebidding of the project for the various prime contracts. Review the bids and prepare contract award recommendations. Oversee the construction program and provide a project manager to coordinate actual construction of the project; and BE IT FURTHER, RESOLVED, that the Town Board does hereby authorize the Town Comptroller to transfer funds in the amount of$15,000 from the General Town - Unreserved Balance to the Ice Rink Budget Account. 5. Salary Authorization - Recreation A memorandum was received from Mr. Zimmerman, Superintendent of Recreation, requesting an increase of$1,000.00 to the salary of Alana Kelton, the Skating School Director. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that as provided for in the 1998 Town Budget, authority is hereby granted to increase by $1000.00, the salary of Skating School Director, Alana Kelton, for the 1998 skating season. APPROVAL OF MINUTES -January 7, 1998 January 21, 1998 February 4, 1998 On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby approve the minutes of January 7, 1998 as corrected. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, 12 March 4, 1998 RESOLVED, that the Town Board does hereby approve the minutes of January 21, 1998 as presented. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby approve the minutes of February 4, 1998 as presented. PROCLAMATION read by Supervisor Price: PROCLAMATION WOMEN'S HISTORY WHEREAS, the Town of Mamaroneck is especially enriched by the innumerable contributions of the women in our community; and WHEREAS, American women are an invaluable resource as decision makers: whether as elected officials, as volunteers, administrators or concerned citizens they respond to the respective needs of their communities, defining and improving the quality of life for us all; and WHEREAS, the achievements of American Women in our culture have been often undervalued. NOW, THEREFORE, BE IT RESOLVED, that I, Elaine Price, Town of Mamaroneck and the members of the Town Board of the month of March 1998 as WOMAN'S HISTORY MONTH in celebration of their contribution to our or culture and spirituality. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 4th day of March 1998. Elaine Price, Supervisor Paul A. Ryan, Councilman Valerie Moore O'Keeffe, Councilwoman Barry A. Weprin, Councilman Phyllis Wittner, Councilwoman Attested to by: Patricia A. DiCioccio, Town Clerk ORAL COMMUNICATIONS Ernie Odierna, president of Larchmont Garden Civic Association, got up to address the Board regarding the Premium Marsh Conservation Area and how it would be great if a way could be figured out so the public could have easier access to this area. Then asked how the Town was doing on their Internet access and how this would be beneficial to all residents. 13 March 4, 1998 Mr. O'Gorman then addressed the Board regarding dog owners and how they are not picking up the mess left by their pets. He finds that a vast majority of people pick up after their dogs. However, there are a few people who are not living up to the rules of decency of picking up after their dogs and we find ourselves in a community that is not up to the standards which we would like to maintain. That this is something that alienates residents against one another. He suggested that a reminder to the public stating that it is the responsibility of the dog owner to pick up after his pet may be in order. The Supervisor thanked Mr. O'Gorman for the well stated public service announcement. Councilwoman O'Keeffe asked how many summonses were issued to people who don't pick up after their dogs. Mr. Altieri said that there were'very few due to the fact that they would have to be caught in the act in order to be issued a summons. The Supervisor said that we may have to move forward on our Code Enforcement Officer. SUPERVISOR REPORTS None REPORTS OF THE COUNCIL None ADJOURNMENT On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the meeting was adjourned at 9:20 PM. Patricia A. Samela, Deputy Town Clerk C:IMSOFFICE\WINWORD\Min\98MINF13-04x.doc 14