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HomeMy WebLinkAbout1990_03_21 Town Board Regular Minutes 246 MINU'T'ES OF THE REGULAR MEET`ngG OF THE 'DOWN BOARD AMID BOARD OF FIRE CCIImSSIOmm OF THE TOWN OF NECR, HELD ON THE 21ST DAY OF MMIW 1990 IN THE COURT ROOM OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD, MMOMNECK, NEW YORK 1 CONVEX REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 7:00 p.m., at which time the Board recessed into Executive Session. An Executive Session held in Conference Roan A to discuss matters of personnel was, on motion duly made and seconded, unanimously adjourned into a Work Session at 7:30 p.m. i A Work Session held in Conference Rom A to discuss capital projects was, on motion duly made and seconded, unanimously declared adjourned at 8:10 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by I Supervisor Silverstone at 8:20 p.m. in the Court Room. Present were the following members of the Board: Supervisor Caroline Silverstone Councilman Stephen Chapin Councilwoman Elaine Price Councilman John McGarr Councilwaanan Kathleen Tracy O'Flinn Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Paulette Gabbriellini, Assistant to the Town Administrator Steven V. Silverberg, Counsel to the Town William Jakubowski, Building Inspector William McDermott, Fire chief CALL TO ATTENTION Supervisor Silverstone pointed out to those assembled the locations of exits as required by law for public gatherings. i March 21, 1990 247 i I i PUBLIC HEARINGS - Amendment to Zoning Ordinance- Master Plan Implementation - Appeal of Decision of Tree Commission- 5 & 7 Boulder Circle Following explanation by Counsel Silverberg, the Public Hearing on the Amendment to the Zoning Ordinance was postponed to the Regular j Meeting of April 4th. On motion by Councilman McGarr, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby sets April 4, 1990 as the date for a Public Hearing to amend the Zoning Ordinance as per the updated Master Plan; and be it further RESOLVED, that the Town Clerk be and she hereby is, authorized to publish in an official newspaper of the Town the Notice of said Hearing as required by law. i I The sor asked for a motion to Supervi open the Public Hearing on the Appeal of the Tree Commission for removal of trees at 5 & 7 Boulder Circle. on motion by Councilwoman OrFlinn, seconded by Councilman Chapin, it was unanimously i 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. Building Inspector, William Jakubowski, informed the Board that pursuant to conditions prescribed in the Town Tree Law, Highway Superintendent Thomas Leddy and he reviewed the parcels for the purpose of issuing Tree Removal Permits to allow construction of two new homes, and that this review included site meetings with Mr. Virgil Rios, the developer, to ensure that criteria for tree removal, Section 76A-4A would be complied with. He reported that their determinations were that the lots are legal and part of subdivision parcels consistent for a one-family use zone, noting that development of the structures, and areas within ten feet of the structures, would j require that tree removal take place. He went on to say that they further determined that since this is a damp and rocky area, great changes are necessitated around the perimeter of the houses beyond the ten foot line, which would probably cause damage or be injurious to the continued life of the trees. The Building Inspector stated that at 5 Boulder Circle it was determined that 27 trees needed removal in order to properly develop the parcel, and that of this 27, 10 are either dead, dying leaning dangerously or have little or no vegetation. He advised that 35 trees are to be installed at this site, requiring a performance bond of $4,750 to ensure that these trees are, in fact, replaced. He stated further that at 7 Boulder Circle, it was determined that 34 trees be removed and, due to the nature of their size, 46 trees be planted to restore growth, with a $6,000 bond given to the Town. 2 248 March 21, 1990 I Mr. Jakubowski concluded that in the past few years, their experience With the Tree Committees efforts to save trees at development sites j has been futile. He explained that they have used tree wells, feeding, and pruning to try to keep trees alive after the Tree Committee has ordered that they remain on site. He noted that in the Fenbrook area alone, nearly 40 trees died after insistence that they remain on the site where development took place, and later all had to be removed as dead or dying, with a repeat permit fee levied on the new owner who, instead of the developer, was then responsible for new plantings. I He clarified that the Tree Committee felt that in this case, replacement of nearly one and one-half times more trees will allow us better control of the tree intervals, allow the project to be done once, and provide financial bonding for the two-year growth period required by law. He noted that he and Mr. Leddy agree that the Tree Committee has acted properly and according to rules of the Tree Preservation Law. Mr. Jakubowski fielded questions from the Board. The Supervisor asked the developer, Virgil Rios, if he wished to comment. Mr. Rios suggested the use of hemlocks instead of deciduous trees to enhance privacy. Supervisor Silverstone then asked if anyone wished to comment in favor or in opposition. George Lord of Split Tree Road stated that he is a spokesman for two other residents, who were unable to attend, and spoke in opposition unless trees of the exact size were replaced. Michael Bronson of Salem Drive and Mark Kramer of Salem Drive spoke emphatically in opposition. Maryanne Folger of Boulder Circle questionned the i Building Inspector on some points. A great deal of discussion ensued among the Board, residents, the developer and Building Inspector. I At this time the Supervisor asked if anyone else wished to address the Board. There being no response, she requested a motion to close the Hearing. On motion by Councilwoman Price, seconded by Councilman McGarr, the Public Hearing was unanimously declared closed. At this time Councilman Chapin suggested that a compromise mentioned by the Building Inspector to modify the recommendations of the Tree Committee be endorsed, and on his motion, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby modifies the determination of the Tree Committee to the extent that if 3 inch caliper or larger trees than are recommended, can be found and planted, the number of 1-1/2 inch to 2 inch caliper trees to be replaced may be reduced to no less than the number being removed, as originally required by the Committee. i BOARD OF FIRE COMMISSIONERS IISSIONERS The Meeting was called to order by Commissioner Silverstone at 9:30 p.m. in the Court Room.. 3 t I i March 21, 1990 249 Present were the following members of the Commission: Commissioner Caroline Silverstone commissioner Stephen Chapin commissioner Elaine Price Commissioner John McGarr Commissioner Kathleen Tracy O'Flinn I. Commissioner O'Flinn 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 Emergency Supply Co., Inc. $ 620.00 Break-Free, Inc. 66.12 Consolidated Uniform Service 28.95 Federal Express Corp. 15.00 Global Equipment Co. 719.97 Global Equipment Co. 167.27 Interstate Fire & Safety Equip. Co. 144.52 Larchmont Auto Parts 14.88 Lawrence Heat & Power Corp. 381.53 RUM 18.00 Portronix 247.90 The State Insurance Fund 14,935.07 Town of Mamaroneck Professional Fire Fighters Association 110.04 Walter Van Ness 19.99 $17,620.00 There being no other business to come before this Commission, on motion by Commissioner Price, seconded by commissioner Chapin, the meeting was unanimously declared adjourned at 9:40 p.m. i AFFAIRS OF THE TOWN At this time the order of the agenda was changed and item nos. 5 and 6 under AFFAIRS OF THE TOWN were taken up. i 5. Update - Monroe School Paulette Gabbriellini, Assistant to the Town Administrator, reported that Highway Superintendent, Tam Leddy, and his men have been cutting down dead trees and limbs and pruning bushes, that he and Bill Zimmermann, Recreation Superintendent and she will be working on the grounds to prepare it for day camp this summer. She noted that Bill Zimmermann plans on using this site for day camp, in addition to Chatsworth and Murray Avenue Schools, for three-to-five year olds, for the six-week period of July 2nd to August 10th. She went on to state 4 C tt�� March 21, 1990 250- 1 that since they are not sure if the pool will be ready for the summer day camp program, the Recreation Commission has decided . not to include it as part of the day camp program this summer. She mentioned that Bill Zin*nerman*+ is in the process of purchasing ground equipment, two pieces had to be removed because they were unsafe and could not be repaired, the remaining will be painted and one or two pieces of playground equipment and a sandbox will be purchased. She went on to say that the Child Care Advisory Committee has recamiended that day care at Monroe not be established until September of _1991 due to several reasons, the required building renovations to meet state code compliances, the choosing of a day-care provider and obtaining of a DSS day-care license are lengthy processes, in addition, registration for day care/nursery schools normally takes place approximately 8-10 months before school actually begins. She then fielded some questions for the Board, some discussion ensued and it was decided there would be a further update in May. I 6. Update - 1990 Census Paulette Gabbriellini reported that as part of the Census Bureau ten year count, her precensus review provided 215 additional housing units missed by the Census Bureau, 40 within Wagon Wheel, Marbourne Drive and Jenny Close and 20 included as part of Fenbrook, Boulder and Evergreen. She noted that this brought the Town's total housing units to 4614 and that the Bureau has accepted this documentation and is investigating discrepancies that were identified. She emphasized that all residents should be encouraged to respond to the census since answers are confidential and it is important for state and federal funding and representation. i At this time the regular order of the agenda was resumed and item no. 1 under AFFAIRS OF THE TOWN was taken up. 1. Appointments - Beautification Cbnmittee - Larcbmont Community Counseling Center Councilwoman O,Flinn amnented that the Villages have their own Garden Clubs and Beautification Committees and that the Town j also should fonn a Beautification Committee to focus on improvements to streets and parks, which may include the addition of trees, shrubs and flowers to enhance the beauty of the community. She noted that the Town may have same projects that may be done in conjunction with the Village Garden Clubs. On motion by Councilwcman O'Flinn, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby establishes a Town of Mamaroneck Beautification Cmmittee, with the following appointments effective today: 5 March 21, 1990 i i Marjorie Cohen, Lundy Lane, Landscape Designer; Mary McGee, Vine Road, National Landscape Judge; Peggy Perrin, Rockland Avenue, National Landscape Judge; Christine Schellhammer, Y Road, Active � Ccnmumity Gardener; Valerie Puglisi, E,dgewood Avenue, Avid Home Gardener; Maxine Steffens, Briarcliff Road, Active Cmmmmity & Garden Club Member-19 years; Paula Rrenkel, Hillside Road, Active C o mxnity Leader & Former Recording Sec. to Iarchmont LWV. On motion by Councilman McGarr, seconded by Councilwoman O'Flinn, it was unanimously RESOLVED, that Arthur Wexler be reappointed to the Zoning Board of Appeals for a team of office to expire March 1995. Supervisor Silverstone mentioned that she has received a resignation from Inna Volk of the Conservation Advisory Commission, who is a Town resident, necessitating replacement by a Town resident. On motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously I RESOLVED, that Janet Walker of Dundee Road be appointed to the Iarctmmont-Ma aroneck Community Counseling Center, effective immediately. I 2. Authorization - Engineering Services Agreement-Restoration of Parking Lot #1 Town Administrator, Stephen Altieri, explained that the Townes Capital Improvement Plan for 1990 includes an item to restore Parking Lot #1 on Myrtle Boulevard. A discussion ensued concerning the proposed consulting agreement with Alan Davis Associates for necessary work to design, bid and oversee restoration in the amount of $11,500. It was by general consensus that this item be held over to the next meeting. i 3. Authorization - Transfer of Funds-Myrtle Park Lighting Following explanation by the Town Administrator, on motion by Councilman Chapin, seconded by Councilman McGarr, it was unanimously 6 March 21, 1990 � �.V ! I RESOLVED, that this Board hereby authorizes the transferring of funds in an amount not to exceed $8,000 for the unanticipated expense of replacing underground cables in that portion of Myrtle Park which will reconnect the new light fixtures. I 4. Authorization - Capital Project Plan and Financing ! The Acbumistrator presented to the Town Board a report of the current status of all active capital projects as well as the status of projects proposed in the 1990 capital improvement plan. He stated that the report indicated the amount originally budgeted and the amount expended as of February 1, 1990, noting that some will require additional funding and financing. He concluded with a recommendation for financing. I Following some discussion among the Board, with the Administrator offering answers to specific questions, on motion j by Councilman McGarr, seconded by Councilwoman Price, Supervisor Silverstone, and Councilwoman O'Flinn, and with Councilman Chapin abstaining, it was RESOLVED, that this Board hereby approves funding of the 1990 Capital Improvement Projects and authorizes the Comptroller to proceed with bonding. I i 7. Authorization - Ice Rink carnival Concession Agreement Following a brief explanation by the Totem Administrator, on motion by Councilman McGarr, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to execute the agreement with S & S Amusements to conduct the "Spring Fling Carnival" from April 6th to April 16th at the Hcmmocks Park Ice Rink site. i 8. Authorization - cemetery/Roadside Maintenance Agreement Pursuant to information by the Administrator, the Board was informed that since the New Rochelle Guidance Center is certified by the New York State Education and Mental Health Departments as an agency providing vocational opportunities in the State and County, agreements may be entered into for amounts up to $10,000 without oampetitive bidding. On motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously 7 i i i March 21, 1990 i RESOLVED, that this Board hereby authorizes the Town Administrator to execute the Cemetery Maintenance Agreement with Guidance Center Industries of New Rochelle, in the amount of $7,440 to provide to the Town maintenance of the following cemeteries: i Old Town Cemetery Barker cemetery Disbrow Cemeteries Delancey Cemetery Gedney Cemetery Richbell Cemetery Palmer Cemetery Quaker Cemetery Powell & Florence Cemetery. and be it further RESOLVED, that the Administrator execute the Roadside Maintenance Agreement with Guidance Center Industries in the amount of $6,486 for intensive roadside maintenance during the summer months of 1990. I 9. Authorization - Town Center Trust Fund Pursuant to memo by the Comptroller, Carmine DeLuca, and as per suggestion by the Supervisor, on motion by councilwoman O,Flinn, seconded by councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes the Town Comptroller to close out the Town Center Renovation Trust Fund in the amount of $222.45 and transfer such monies into the Tree Replacement Fund. i 10. Authorization - Tax Lien Sale On motion by councilwoman Price, seconded by councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes a Tax Lien sale to be held on Friday, May 25, 1990 at 10:00 a.m. I I 11. Authorization to Collect Town and county Taxes On motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously 8 i ,1 March 21, 1990 2 5.4 i i RESOLVED, that this Board hereby authorizes the Deputy Receiver of Taxes for the Town of Mamaroneck, to collect 1990 State, County, Town and Special District taxes and water rents which became a lien on January j 1, 1990; and be it further RESOLVED, that in accordance with provisions of Section 500 of the Westchester County Administrative Code, the Deputy Receiver of Taxes shall publish in the official newspaper of the Town of Mamaroneck, the 'Notice of Collection of State, County, Town and Special District Taxes and water rents;" and be it further i RESOLVED, that in accordance with the provisions of Section 550 of the Westchester County Administrative Code, the Town Board does hereby direct the Deputy Receiver of Taxes and Assessments to mail to each taxpayer of the Town of Mamaroneck, whose address is known to said Deputy, Receiver of Taxes and Assessments, a tax bill for all taxes and water rents, the expense thereof to be a Town charge. (See tax warrant on p.10) 12. Set Public Hearing - Petition for Rezoning-Byron Place jOn motion by Councilwoman O•Flinn, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby sets April 4, 1990 as the date for a Public Hearing on a proposal to rezone a certain parcel in the vicinity of Byron Place, Section 1 Block 132 Lot 410, from Business (B) to Light Industry (LI) . i 13. Salary Authorizations - Police Department-Secretary - Recreation On motion by Councilman Chapin, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby appoints Kathleen Simon Graham of Rye, New York as Secretary to the Police Commissioner, at an annual salary of $27,500, effective March 26, 1990. 9 Ii i I 255 March 21, 1990 r STATE OF NEW YORK ] COUNTY OF WESTCHESTER ] SS: TOWN OF MAMARONECK ] 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 8�-', Laws or 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 21. 1990 by authority of Chapter 313 of Laws of 1934, to .receive and collect from the several persons named in the Assessment Roll hereunto annexed and herewith delivered to you, together with penalties prescribed by the Westchester County Tax Law, Article 16, Chapter. 852 of the Laws of 1948, as amended, for the neglect to pay the State, County, Town and Town District Taxes, charges for services and exemptions removed after the levy thereof as follows: Judicial and County Taxes - $20,028,767.76 Town and Town District Taxes - 8,722,860.00 Charges for Service -0- _ Exemptions removed - 734.45 j $28,752,362.21 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 monies so collected by you by virtue of this warrant. � I 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 tiax,---c or penaltic:7 (.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 collection-- in the manner provided by the Westchester County Ti,: L hW, Artic.lc 1.6, Chapter: 85' cf tlhr_. maws of 1948, as ,:;.mended. and for so doing this shall be your safficic;lt warrant.. Gi.vel. under my hand and sc ai. at the T�vr,� of c4am .er�ecl l7 r_- ;t.cihestcr: County, New York, on the -"ist day of Marci; CAROLINE SILVERSTONE, SUPERVISOR 10 25F March 21, 1990 On motion by Councilwoman 01Flinn, seconded by Councilman McGarr, it was unanimously RESOLVED, that as provided for in the 1990 Town Budget, authorization is hereby granted for payment of salaries to the following. William Greenwald, Alternate Rey Attendant, Hcamocks i Pool, $4.00/hour, effective 3/21/90; Nathaniel Hirshfield, Alternate Rey Attendant, Hoimnocks Pool, $4.00/hour, effective 3/21/90. I i APPROVAL OF MINUTES The Minutes of the Regular Meeting of March 7, 1990 were presented and approved as modified. TOWN CLERK Reports The Town Clerk presented the Building and Plumbing Report for January and February 1990. She also presented the Monthly Report of the Town Clerks office for February 1990. THE SUPERVISOR Following explanation by the Supervisor, motion was unanimously granted for her to write a letter on behalf of keeping revenue sharing secure within the State budget. I AWOURNMENP There being no further business to coarse before the Board, on motion by Councilwoman Price, seconded by Councilwoman 01Flinn, the meeting was • unanimously declared adjourned at 10.55 p.m. Patricia A. DiCioccio Town Clerk j 11 i I