HomeMy WebLinkAbout1989_12_06 Town Board Regular Minutes 161
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N PES OF THE REGULAR MEETING
OF THE TOWN BOARD AND BOARD OF
FIRE COMMISSIONERS OF THE TOWN OF
MAMARONECK, HELD ON THE 6TH DAY
OF DECEMBER 1989 IN THE COURT ROOM
OF THE TOWN CENTER, 740 WEST BOSTON
POST ROAD, MAMARONECK, NEW-YORK
CONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by
Supervisor Battalia at 7:00 p.m., at which the Board recessed into
Executive Session.
The Executive Session was held in Conference Room A to discuss
litigation, personnel and real estate acquisition, after which, on
motion duly made and seconded, it was unanimously declared
adjourned at 8:15 p.m.
RECONVENE REGULAR MEEPING
111 The Regular Meeting of the Town Board was called to order by
Supervisor Battalia at 8:25 p.m. in the Court Room.
Present were the following members of the Board:
Supervisor Dolores A. Battalia
Councilwoman Caroline Silverstone
Councilman Stephen C. Chapin
Councilwoman Elaine Price
Councilman John McGarr
Also present were:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Paulette Gabbriellini, Assistant to
the Town Administrator
Eric S. Zaidins, Counsel to the Town
Carmine ne DeLuca, Comptroller
Richard Tortorella, Fire Chief
CALL TO ATTENTION
Supervisor Battalia pointed out to those assembled the locations of
exits as required by law for public gatherings.
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December 6, 1989
BOARD OF FIRE CIISSIONERS
The Meeting was called to order by Commissioner Battalia at 8:30
p.m. in the Court Roan.
Present were the following members of the Commission:
Commissioner Dolores A. Battalia
Commissioner Caroline Silverstone
Commissioner Stephen C. Chapin
Commissioner Elaine Price
Commissioner John McGarr
1. Commissioner Silverstone presented fire claims for
authorization of payment and on her motion, seconded by
Commissioner McGarr, it was unanimously
RESOLVED, that this Commission
hereby authorizes payment of the
following Fire Department claims
as approved by the Fire Chief and
audited by the Comptroller's Office:
AAA Fnergency Supply Co., Inc. $ 111.00
Baron, Raymond A. 307.10
Hampshire Country Club 4,423.00
Imperial Bag & Paper Co. 311.00
Larchmont Auto Parts Dist.,Inc. 18.99
Lawrence Heat & Power Corp. 214.23
Mamaroneck Garage, Inc. 24.00
Multiplier Industries Corp. 292.51
Portronix 247.90
Rad Oil Co., Inc. 341.73
Town of Mamaroneck Professional
Fire Fighters Association 110.04
$6,401.50
There being no further business to cane before this Commission, on
motion by Commissioner Chapin, seconded by Commissioner Price, the
meeting was unanimously declared adjourned at 8:45 p.m.
PRESENTATION - Safe Rides-MHS SADD
The Supervisor introduced Robin Franzblau, President of Saferides
and Karen Sandell, President of S.A.D.D. (Students Against Drunk
Driving) . Karen Sandell explained that since Saferides and
S.A.D.D. worked basically for the same cause, they had joined
together for Project Red Ribbon. Robin Franzblau explained that
Project Red Ribbon is designed to remind drivers not to drink and
drive during the holiday season by displaying red ribbons on cars
throughout the community. She commented that last year red ribbons
were distributed to over 1,000 people, mainly within the Mamaroneck
High School community, not only as an indication that they would
not drink or drive during the holidays, but also to commemorate
those who have died in DWI accidents. She added further that this
year they hope to spread Project Red Ribbon throughout the larger
Larchmont/Mamaroneck community and to spread their message, they
have brought ribbons to be distributed tonight. She thanked the
Board for allowing them the time to make this presentation.
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December 6, 1989
At this time Supervisor Battalia commented that the Board has a
very special Proclamation for a very special volunteer and called
on Deputy Supervisor Silverstone, who read and presented the
IIIfollowing Proclamation to Mr. Schramm
PROOLAMAZZON
WHEREAS, ANON $OHRAMM has served his communitg -
fur ten gears hg being an outstanding
member of the Mamaroneck Town Planning
Board; and
1l)H£R£A5, he has demonstrated his conscientiousness
and dedication hg attending training
programs an the subject of planning
and ;and use issues; and
WHERE A$, he has brought to this Board a special
understanding of the needs and concerns
of the Town's', residents, and'
1UH£R£A$, he has also aev�ted himself pto the
Sts. John ,anh, ,Paul choir, travelling
with them to certain communities ='in
Europe and serving as our goodwi1I
ambassador from the Town; and
U)H£R£A5, ANEON $OHRA iM has Performed all endeavors
and tasks with unerring patience, ,uncommon
civilitg anI_ unfailing an will.,
T
NOW, EH£R£FOR£, BE IE R£SOLD£p, kt
z t r - a -t
that I, Dolores A.�Batalz.a,r pervisor
of the £awn of Mamaroneck,= jn with the
residents and member`s' of this Town Board
to honor, r erogni E and'`thank ANION $CRRAMM
for his service to our rnmmunita.
BE IT FURQH£R111OR£ R£$OLVED,
that a cop of this resolution be spread on
r '^`�' s,�� the official records of the town of Mamaroneck
N�; �� � :� �. and a ran p thereof he presented to him.
'744; y V�,\� �^FF Adopted ha the town Council of the £owu of
,� a, ;; Mamaroneck on the 6th hag of December 1989.
{ ice ' 1r T 's i�
' ;e;„° .; Supervisor Dolores A. Battalia
k , a��T u , = town or 111amaraneck
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163
December 6, 1989
PUBLIC HEARINGS - 1990 Preliminary Budget
- Amendment-Noise Ordinance
- Veterans Tax Exemption
Supervisor Battalia asked for a motion to open the first Public
Hearing and on motion by Councilwoman Silverstone, seconded by
Councilman McGarr, it was unanimously
RESOLVED, that the Public Hearing
be, and hereby is declared open.
The Town Clerk presented for the record the Affidavits of
Publication and Posting of the Notice of Hearing.
The Administrator gave a brief overview of the 1990 Preliminary
Budget, explaining that it carries a total appropriation of
$12,943,330 for all funds and will require a tax levy of $8,722,860
and tax rates of $5.60 for Larchmont and Mamaroneck Village
residents and $109.65 for the Towns Unincorporated Area. He noted
that the budget reflects an increase of $981.780 over 1989 in
property tax levies, which will be slightly less than half the
increase in expenditures due to non-tax revenues and available
unreserved balances of $4,220,470. He concluded that the cost of
day to day operations has remained stable over the past few years
except for times of inflation and, with the exception of areas
where the Town will increase services to residents, operating
expenses will change only slightly. The Administrator thanked the
Board and the Town Staff for providing their professional
expertise.
The Supervisor then asked if there were any continents or questions
and if anyone wished to speak in favor or opposition. The
Administrator fielded some question from the Board and residents.
Thereafter, Supervisor Battalia asked for a motion to close the
Public Hearing and on motion by Councilwoman Silverstone, seconded
by Councilwoman Price, the Public Hearing was unanimously declared
adjourned to the meeting of December 20, 1989.
Supervisor Battalia mentioned that residents will be receiving a
letter frown the Board, Larchmont Village residents from their
Board, regarding the County Budget. She explained that the County
Budget as proposed by the County Executive projects a 42% tax
increase from Town residents and she finds this unconscionable, and
cannot fathom how any taxpayer can handle such an outrageous
increase. She went on to say that this letter will give the Public
Hearing date of December 18th and urge residents to write to the
County Executive and County Legislator. She noted that all
communities are facing budget crises, but they are grappling with
it and holding back expenditures and she cannot believe, whether
due to poor budgeting or a budget run amok, how they can even
present such a budget to the people. A somewhat lengthy discussion
ensued with the Board responding to questions by residents.
At this time the Supervisor asked for a motion to open the Public
Hearing on the Veterans Tax Exemption and on motion by Councilman
McGarr, seconded by Councilwoman Price, it was unanimously
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December 6, 1989
RESOLVED, that the Public Hearing
be, and hereby is declared open.
III The Town Clerk presented for the record the Affidavits of
Publication and Posting of the Notice of Hearing.
The Supervisor asked if anyone wished to speak either in favor or
against. Andrew Watson of Oakdale Road spoke in favor. No one
wished to speak in opposition. The Supervisor asked if any of the
Board wished to comment, and Councilwoman Silverstone spoke in
favor, with the remainder of the Board members being in agreement
with her. There being no one else wishing to comment, Supervisor
Battalia asked for a motion to close the Hearing and, on motion by
Councilwoman Price, seconded by Councilwoman Silverstone, the
Public Hearing was unanimously declared closed.
Thereafter, on motion by Councilwoman Price, seconded by Councilman
McGarr, the following resolution was unanimously adopted:
WHEREAS, the Town Board of the
Town of Mamaroneck has held a
Public Hearing on Wednesday,
December 6, 1989 to consider
a Local Law to repeal Local Law
#2 - 1985 of the Laws of the
Town of Mamaroneck in relation
to granting the Alternative
Veterans Exemption from real
III property taxation;
NOW, THEREFORE BE IT
ENACTED BY THE Town Board of the
Town of Mamaroneck as follows:
Section 1. Local Law #2 of 1985
is REPEATED.
Section 2. This Local Law shall
be implemented in accordance with
Section 458-a(40) of the Real
Property Tax Law and the maxim =
exemptions under Section 458-a
of the Real Property Tax Law shall
be granted.
Section 3. This local law shall
take effect sixty (60) days after
its adoption.
The Town Supervisor requested a motion to open the Public Hearing
on the proposed amendment to the noise ordinance and on motion by
Councilwoman Price, seconded by Councilman McGarr, it was
unanimously
RESOLVED, that the Public Hearing
be, and hereby is declared open.
4 The Town Clerk presented for the record the Affidavits of
Publication and Posting of the Notice of Hearing.
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December 6, 1989
The Supervisor then called on the Town Counsel to explain the
changes in the law and its purposes. She then asked if anyone
wished to speak in favor or in opposition of the proposed
ordinance. Mr. Frank Cartin commented that although he is not in
opposition of the law, he feels that the prohibiting of two or more
tools may create more of a problem timewise fof completion of a job
III and will certainly create more of an expense to residents. Several
Gardeners spoke in opposition and discussion ensued with the Board
responding to each of their questions and comments. Mr. Pat
Delfino mentioned that pressure should be placed on manufacturers
since they can redesign tools to operate less noisily. Mr. Larry
Prince noted that the noise in the power tools is caused by an
internal combustion motor and if electric equipment is used it
makes considerably less noise and should be explored further as an
alternative.
No one else wished to address the Board and the Supervisor asked
for a motion to close the Hearing. On motion by Councilwoman
Price, seconded by Councilman Chapin, the Public Hearing was
unanimously declared closed.
Thereafter, on motion by Councilman Chapin, seconded by
Councilwoman Silverstone, the following resolution was unanimously
adopted:
WHEREAS, the Town Board of the
Town of Mamaroneck has held a
Public Hearing on Wednesday,
December 6, 1989 to consider a
Local Law amending Chapter 51
of the Town Code of the Town of
III Mamaroneck entitled Noise
Regulations;
NOW, THEREFORE BE IT
ENACTED by the Town Board of the
Town of Mamaroneck as follows:
1. Add p.51-2.5 Domestic Power Tools and Equipment.
No person shall operate or permit to be operated any
power tool or equipment, including but not limited to
saws, sanders, drills, grinders, tractors, chain saws,
lawn or garden tools, mowers, leaf blowers or gatherers
or similar devices or wood chippers of any kind, when
used outdoors in a residentially zoned district as
provided in p.51-3.1 below.
2. Amend p.51-3.1 Time Limitations.
Except under emergency circumstances, and with the
exception of the operations of the Town government,
no person, firm or corporation may operate any machine
construction equipment or other similar device that
makes noise which carries beyond the boundaries of the
property on which it is located or being used, or, if
a part of a miltifamily dwelling, the confines of the
dwelling unit, between the hours of 8:00 p.m. and 8:00
a.m. Monday through Friday; not before 9:00 a.m. and
not past 6:00 p.m. on Saturday; not before 9:00 a.m.
and not past 6:00 p.m. on Sunday; nor may any such
device be operated on a public road, except for the
purposes of transporting same from one place to another.
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December 6, 1989
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3. Repeal p.51.4 Penalties for Offences, and
Add a new p.51.4 Penalties for Offenses.
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Any person or persons, association, fine or corporation
who shall violate any of the provisions of this Chapter
shall be guilty of an offense and shall be punishable by
a fine of not more than two hundred-fifty dollars
($250.00) or by imprisonment for not more than fifteen
I (15) days, or both.
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4. Amend p.51-10. Definitions by deleting the Terms:
"PARK, PARKING OR PARKED;"
by amending the Tenn:
1 SIDEWALK - that paved portion of the street intended for
I pedestrian use and lying between the curbline of the
I • street and the adjacent property line
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and amending the Tenn:
STREET - Any street, road or other public way dedicated to
and accepted by the Town, including all the area thereof
lying within the bounds of the dedicated right-of-way.
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I 5. This amendment shall become effective immediately upon
filing in the office of the Secretary of State of New
York in accordance with p.27 of the Municipal Home Rule
Law.
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AFFAIRS OF THE TOWN
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1. Authorization of Certiorari
I Following explanation by the Administrator, on motion by
I Councilman McGarr, seconded by Councilman Chapin, it was
unanimously
RESOLVED, that in accordance with
the terms recommended by Appraisal
Consultants, Inc. of White Plains,
this Board hereby authorizes the
settlement of certiorari proceeding
-16 North Chatsworth Avenue Corp.,
I vs. Town of Mamaroneck for assessment
' I years 1986, 1987 and 1988 on 16 North
I • Chatsworth Avenue, Section 1, Block
I 127, Lots 106, 108, and 214.
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2. Authorization - Sale of Surplus Equipment ,
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I The Administrator clarified and on motion by Councilwoman
Silverstone, seconded by Councilwoman Price, it was
unanimously
I RESOLVED, that this Board hereby
declares the following as surplus
and authorizes the Administrator
to implement the sale of such:
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December 6, 1989
#157 1971 GMC Dump Truck -CM613Y204328
#15 1981 Dodge 4-Door Sedan 1N313M46E113G128122
#102 1979 Ford Pick-Up Truck R80DVFF1661
#156 1978 Chevrolet Pick-Up TruckCCL24813153198
#38 1985 Dodge 4-Door Sedan 1B313G264OFX642486
III #21 1983 Plymouth Station Wagon1P313P49G6DF199604
3. Authorization - Budget Modification-Westchester Joint Water
Works - Larchmont Pump Station
Following the Administrators report, on motion by
Councilwoman Silverstone, seconded by Councilman Chapin, it
was unanimously
RESOLVED, that this Board hereby
approves budget modifications to
the Larchmont Plant Treatment
project with an increase in the
Town's share fram $31,800 to
approximately $47,400 to reflect
more detailed actual site
conditions and more recent price
increases.
4. Salary Authorization - Recreation
On motion by Councilman Chapin, seconded by Councilman McGarr,
it was unanimously
RESOLVED, that as provided for
in the 1989 Town Budget,
authorization is hereby granted
for the payment of salary to the
following: _
.
Ann Marie Neto, Junior Figure Skating Instructor (alternate) , $22/hour, effective 12/1 /89. "'
J.R'. Gutierrez, Alternate Skate Guard, Hommocks Park Ice Rink,-$6/hour, effective 12/1/89.
Matthew McCarrick, First Aid Attendant/Security Guard, Hommocks Nark Ice Rink, $7/hour, J
effective 12/1/89.
James Thompson, Instructor, Youth Hockey, $10/hour, effective retroactive to 11/11/89.
" Christopher Chevalier, Youth Hockey Referee, $9/hour, .effective 12/1/89.
Dennis Doherty, Youth Hockey Referee, $9/hour, effective 12/1 /89.
Andrew Baumbusch, Assistant Instructor, Youth Hockey, $4/hour, effective retroactive to
11 /18/89.
Sue Halliday, Key Attendant, Hommocks Pool , $4/hour, effective 12/1 /89.
IIISandra Tomassetti , Alternate Key Attendant, Hommocks Pool , $4/hour, effective 12/1/89.
Michelle Williams, Alternate Key Attendant, Hommocks Pool , $4/hour, effective 12/1/89.
Jessica Rich, Alternate Lifeguard, Hommocks Pool , $5/hour, effective 12/1/89.
'Edward Jakubowski , Alternate Skate .Guard-,. Hommocks Park Ice Rink, $6/hour, effective 12/1/89,
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December 6, 1989
5. Resolution - Section 8 Housing Certificate
Following a brief explanation by the Supervisor, on motion by
Councilwoman Silverstone, seconded by Councilman McGarr, the
following resolution was unanimously adopted:
WHEREAS, the Town of Mamaroneck
Public Housing Agency (herein
called the "LHA") proposed to
enter into an amended Annual
Contributions Contract (Herein
called the "Contract") with the
United States of America (herein
called the "Government") .
NOW, THEREFORE BE IT
RESOLVED, by the LHA as follows:
Section 1. The Contract, substantially
in the form of the document hereto
attached and marked "Exhibit A:" is
hereby approved and accepted both as to
form and substance and the Public
Housing Agency Director is hereby
authorized and directed to execute said
Contract in quintuplicate on behalf of
the LHA and the Director is hereby
authorized and directed to impress and
attest the official seal of the LHA on
each such counterpart and to forward
said executed counterparts, or any of
them, to the Government together with
such other documents evidencing the
approval and authorizing the execution
thereof as may be required by the
Government.
Section 2. The Director is hereby
authorized to file with the Government
from time to time, as monies are required
requisitions together with the necessary
supporting documents requesting advances
to be made on account of the grant
provided in the Contract, and such persons
are authorized to do and perform all other
things and acts required to be done or
performed in order to obtain such grants.
Section 3. This resolution shall take
effect immediately.
APPROVAL OF MINUTES
The minutes of the Regular Board Meeting of October 4, 1989 were
approved with a change.
The minutes of the Regular Board Meeting of October 25, 1989 were
approved with a correction.
The minutes of the Regular Board Meeting of November 1, 1989 were
approved with a change.
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December 6, 1989
wRrr Er m COMMUNICATIONS
ORAL COMMUNICATIONS
There were no written or oral communications to cane before the
Board at this time.
THE SUPERVISOR
Supervisor Battalia thanked and commended Stephen Altieri, Bill
Zimmermann, the Recreation Commission and Jim Romeo for the
splendid grand opening of the ice rink.
REPORTS OF THE COUNCIL
None
i ADJOURNMENT
. There being no further business to come before the Board, on motion
by Councilwoman Price, seconded by Councilman Chapin, the meeting
was unanimously declared adjourned at 10:10 p.m.
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Patricia A. DiCioccio
Town Clerk
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