HomeMy WebLinkAbout1990_11_07 Town Board Regular Minutes 40s
M3NUTES OF THE REGULAR MIMTI G
OF THE TOWN BOARD AND BOARD OF
FIRE COMMISSIONERS OF THE TOWN OF
MAIW�ONWK, HELD ON THE 7TH DAY
OF NOVEMBER 1990 IN THE COURT ROOM
OF THE TOWN CENTER, 740 WEST BOSTON
POST ROAD, NECK, NEW YORK
CONVENE 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 a Budget Work Session.
The Budget Work Session held in Conference Room A was, on motion duly
made and seconded, unanimously declared adjourned at 8:16 p.m.
RECONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by
Supervisor Silverstone at 8:24 p.m.
Present were the following members of the Board:
Supervisor Caroline Silverstone
Councilman Stephen Chapin
Councilwoman Elaine Price
Councilman John McGarr
Councilwoman Kathleen Tracy O'Flinn
Also present were:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Steven M. Silverberg, Town Counsel
Louis Santoro, Deputy Fire Chief
CALL TO ANON
Supervisor Silverstone pointed out to those assembled the locations of
exits as required by law for public gatherings.
PUBLIC HEARING - Establish Board of Architectural Review Law
The Supervisor asked for a motion to open the Public Hearing on
establishment of a Board of Architectural Review for the Town of
Mamaroneck, and on motion by Councilman McGarr, seconded by
Councilwoman Price, 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.
407
November 7, 1990
Steve Silverberg, Town Counsel, briefly described what is involved in
establishment of a Board of Architectural Review (BAR) , noting that
its creation would regulate aesthetics mainly in the business and
aaamnercial district. He explained that it would be advisory and would
only control items outside of the site plan review.
Councilwoman OFFlinn stated that she favored the Architectural Review
Board,rs having the authority to review signs in addition to the
Building Inspector, although there is a Sign ordinance requiring
permits. Councilwoman Price agreed, noting that the ordinance does
not, for instance, cover color or size, and there may be times under
the review of the BAR where the size should be smaller than the
ordinance even permits. She went on to say that the Building
Inspector agrees with this and feels that it should came under
jurisdiction of the BAR.
At this time, Supervisor Silverstone, asked if anyone wished to
comment either in favor of or in opposition to the establishment of
the BAR by the Unincorporated Area of the Town.
Phyllis Wittner questioned why it should only be for commercial areas,
noting that the Larchmont Villages Board covers residential areas as
well. There were no further comments, and the Supervisor mentioned
that the Town Board and Building Inspector have a list of questions
regarding this law which will have to be discussed. She suggested
that the Hearing be closed or adjourned and time be spent in work
session to refine the law before having a public hearing.
Thereafter, on motion by Councilwoman Price, seconded by Councilwoman
O'Flinn, the Public Hearing was unanimously declared closed.
Discussion ensued about the earliest possible date for a public
hearing on the proposed law after which, on motion by Councilwoman
Price, seconded by Councilwoman O'Flinn, it was unanimously
RESOLVED, that this Board hereby sets
December 5, 1990 as the date for a
Public Hearing on a proposed law to
establish a Board of Architectural
Review in the Unincorporated Area of
the Town of Mamaroneck;
and be it further
RESOLVED, that the Town Clerk be, and
she hereby is authorized to publish
in an official newspaper of the Town,
Notice of said Hearing as required by law.
BOARD OF FIRE OOMMlISSIONERS
The Meeting was called to order by Commissioner Silverstone at 8:40
p.m. in the Court Roam.
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
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408
November 7, 1990
1. Fire Claims
Commissioner OJ'Flinn presented fire claims for authorization of
payment and upon 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 Comptrollers Office:
AAA Emergency Supply Co., Inc. $ 798.00
AAA Emergency Supply Co., Inc. 1,222.03
R.G. Brewer 38.12
Excelsior Garage & Machine Works, Inc. 83.48
Excelsior Garage & Machine Works, Inc. 340.30
W. W. Grainger 24.26
W. W. Grainger 137.72
W. W. Grainger 91.75
Hampshire Country Club 3,448.50
Portronix 247.90
Ricket Lock & Safe Co. 33.95
Librandi, Anthony 734.18
$7,200.19
2. Other Business
Deputy Fire Chief, Louis Santoro, thanked the Board on behalf of
the Fire Department for their work in dealing with housing in the
Town, especially for volunteers.
There being no further business to come before this Commission, on
motion by Commissioner Chapin, seconded by Commissioner Price, the
meeting was unanimously declared closed at 8:50 p.m.
AFFAIRS OF THE TOWN
1. Appointments - Hinman Rights Commission
- Larchmont/Mamaroneck Cable TV Board
On recommendation and motion of Councilwoman O'Flinn, seconded by
Councilwoman Price, it was unanimously
RESOLVED, that this Board hereby
appoints Michele C. Horan of
Homer Avenue, Town, to the Commission
of Hinman Rights for a term beginning
November 1990 and expiring May 1993.
On motion by Councilman Chapin, seconded by Councilman McGarr, it
was unanimously
RESOLVED, that this Board hereby
reappoints William Littauer of
Knollwood Drive to the Larchmont/
Mamaroneck Cable TV Board of Control
and Advisory Committee for a two-year
term expiring November 1992.
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November 7, 1990 409
2. Set Public Hearing - Amendment to Town Ethics Law
The Supervisor suggested that before the Public Hearing is set,
the Board discuss some of the issues involved in the proposed
law. A somewhat lengthy discussion took place among the members
of the Board, with general consensus being to hold this item over
for further review.
3. Report of Bid - Sheldrake River Stabilization
Following explanation by the Town Administrator and some
discussion by the Board, on motion by Councilwoman Price,
seconded by Councilman McGarr, with Councilwoman OIFlinn and
Councilman Chapin opposing, it was
RESOLVED, that this Board hereby
awards Contract #TA-90-11 for
'stabilization of the Sheldrake
River Embankment to Burtis
Construction of Yonkers as the
lowest, responsible bidder
meeting specifications in the
amount of $43,350;
and be it further
RESOLVED, that this Board hereby
authorizes the Town Administrator
to execute the contract with Burtis
Construction of Yonkers for the
Sheldrake River Project TA-90-11.
At this time the order of the Agenda was changed and an unlisted item,
Graffiti on the Weaver Street Bridge, was taken up.
The Administrator reported and updated the Board with regard to the
problem of graffiti on the Weaver Street Bridge and with the response
of the State Department of Transportation. Following a brief
discussion, on motion by Councilman Chapin, seconded by councilwoman
Price, the following resolution was unanimously adopted:
WHEREAS, the Town Board received an increasing number of
complaints regarding graffiti on the Weaver Street Bridge, and
WHEREAS, the Town Board has brought this problem to the attention
of the New York State Department of Transportation which is
responsible for maintaining the Bridge, and
WHEREAS, the New York State Department of Transportation has
agreed to remove the graffiti from the Weaver Street Bridge,
provided the Town continues to monitor the area in the future and
keeps it free of graffiti, and
WHEREAS, this Board hereby determines that it is in the best
interests of the Town that the problem of graffiti on the Weaver
Street Bridge be controlled by local action and without reliance
upon the State, it is
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410
November 7, 1990
_ RESOLVED: that provided the State Department of Transportation
removes the graffiti presently on the Weaver Street Bridge and
places a protective coating on the Bridge, the Town shall
continue in the future to monitor the area of the Bridge and,
that provided the State Department of Transportation grants
permission, the Town shall also remove graffiti placed on the
Bridge after the proposed cleanup and coating by the State has
been completed.
4. Consideration of Resolution - Property Tax Exemption Senior
Citizen Housing-Village of Mamaroneck
Following explanation by the Administrator and some discussion,
this item was heldover for further review.
5. Authorization - Capital Projects: #90-5 and #90-9
Pursuant to memo from the Administrator, on motion by
Councilwoman Price, seconded by Councilwoman OrFlinn, it was
unanimously
RESOLVED, that this Board hereby
authorizes an appropriation of
reserve funds in the amount of
$1,734 added to the original
Capital Project #90-5 amount of
$90,000 to meet the lowest bid
submitted at $91,734.
The Administrator detailed further the costs of the GEIS
concerning country club properties, after which time, on motion
by Councilman McGarr, seconded by Councilwoman Price, with
Councilwoman O'Flinn opposing, it was
RESOLVED, that this Board hereby
authorizes amendment to the Capital
Project 90-9 to reflect a new
amount of $150,000 to incorporate
a further hydrological study with
regard to the GEIS on country
club properties.
6. Authorization - Statutory Bonds-Honmiocks Ice Rink
On motion by Councilwoman Price, seconded by Councilwoman
O'Flinn, the following resolution was unanimously adopted to-wit:
A RESOLUTION,AUTHORIZING THE ISSUANCE, FIXING THE DETAILS AMID
AUTHORIZING THE SALE OF $325,000 SERIAL BONDS OF THE TOWN OF
MWMNECK, WESZCUSTER COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS
OF THE RECONSTRUCTION OF THE HOM M ICE RINK IN AMID FOR SAID
TOWN.
BE IT RESOLVED, by the Town Board of the Town of Mamaroneck,
Westchester County, New York, as follows:
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411
November 7, 1990
WHEREAS, by bond resolution dated April 18, 1990, the Town Board
of the Town of Mamaroneck, Westchester County, New York, has
authorized the issuance of $325,000 serial bonds of said Town to
pay additional costs of the reconstruction of the Hommocks Ice
Rink in and for said Town; and
WHEREAS, it is now desired to authorize the issuance of a
$325,000 statutory installment bond of said Town to pay the cost
of the aforesaid specific object or purpose; NOW, TMMMRE, BE
IT
RESOLVED, by the Town Board of the Town of Mamaroneck,
Westchester County, New York, as follows:
Section 1. The $325,000 serial bonds described in the preambles
hereof shall be issued and sold in the form of a single
registered typewritten statutory installment bond, to be
designated PUBLIC IMPROVEMENT (SERIAL) BOND, 1990. Said bond
shall be dated November 15, 1990, shall be in the denomination of
$325,000, shall provide for the payment of such principal sum of
$325,000 in seven annual installments, payable $35,000 on
November 15, 1991, $45,000 on November 15 in each of the years
1992 and 1993, and $50,000 on November 15 in each of the years
1994 to 1997, both inclusive, and shall bear interest at the rate
of six and seventy-five hundredths per centum (6.75%) per annum,
payable November 15, 1991 and annually thereafter on November 15.
Both principal of and interest on such statutory installment bond
will be payable in awful money of the United States of America at
The Bank of New York, in Mamaroneck, New York. Such statutory
installment bond shall be signed in the name of said Town of
Mamaroneck, Westchester County, New York, by its Supervisor,
sealed with its corporate seal, and attested by its Town Clerk.
Such statutory installment bond shall be in typewritten from and
shall be in substantially the following form, to-wit.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Councilwoman O'Flinn VOTING Ave
Councilman McGarr VOTING Ave
Councilwoman Price VOTING Ave
Councilman Chapin VOTING Aye
Supervisor Silverstone VOTING Aye
The resolution was thereupon declared duly adopted.
7. Resolution - Bond Anticipation Note:-GEIS Country Club Properties
On motion by Councilman Chapin, seconded by Councilwoman Price,
the following resolution was adopted to-wit:
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $80,000
SERIAL BONDS OF THE TOWN OF MWMNECK, WESTC ESTER COUNTY, NEW
YORK, TO PAY ADDITIONAL COSTS OF THE PREPARATION OF A GENERIC
ENVIRODMEb1TAL IMPACT STATENENT CONCERNING COUNTRY CLUB PROPERTIES
PLANNED IN AMID FOR SAID TOWN.
WHEREAS, by bond resolution dated July 18, 1990, the Town Board
of the Town of Mamaroneck, Westchester County, New York,
authorized the issuance of $70,000 serial bonds of said Town to
pay the cost of the preparation of a generic environmental impact
statement concerning country club properties planned in and for
the Town of Mamaroneck, Westchester County, New York; and
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412
November 7, 1990
WHEREAS, it has now been determined that the maximum estimated
cost of such project is $150,000, an increase of $80,000 over
that previously authorized, and that to pay such increased cost
it will be necessary to authorize the issuance of an additional
$80,000 serial bonds of said Town; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck,
Westchester County, New York, as follows:
Section 1. For the specific object or purpose of paying part of
the cost of the preparation of a generic environmental impact
statement concerning country club properties planned in and for
the Town of Mamaroneck, Westchester County, New York, there are
hereby authorized to be issued an additional $80,000 serial bonds
of the Town of Mamaroneck, Westchester County, New York, pursuant
to the provisions of the Local Finance Law.
Section 2. The maximum estimated cost of the aforesaid specific
object or purpose is $150,000, which is hereby authorized for
such amount, and the plan for the financing thereof is as
follows:
a) By the issuance of $70,000 serial bonds of said Town
previously authorized by bond resolution dated July. 18,
1990; and
b) By the issuance of the additional $80,00 serial bonds
of said Town authorized to be issued pursuant to this
resolution.
Section 3. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is five
years, pursuant to subdivision 62(2nd) of paragraph a of Section
11.00 of the Local Finance Law. It is hereby determined that the
maximum maturity of the serial bonds herein authorized will not
exceed five years.
Section 4. Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance
Law.
Section 5. The faith and credit of said Town of Mamaroneck,
Westchester County, New York, are hereby irrevocably pledged to
the payment of the principal of and interest on such obligations
as the same respectively became due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year. There shall annually be levied on all the
taxable real property in said Town a tax sufficient to pay the
principal of and interest on such obligations as the same become
due and payable.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the
date of publication of this resolution are not substan-
tially complied with,
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433
November 7, 1990
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or 3) such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in The Daily Times, the official
newspaper, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the local
Finance Law.
The question of the adoption of the foregoing resolution was duly
put a vote on roll call which resulted as follows:
Councilwoman O,Flinn VOTING Nay
Councilman McGarr —VOTING Aye
Councilwoman Price VOTING Ave
Councilman Chapin VOTING Ave
Supervisor Silverstone VOTING Ave
The resolution was thereupon duly adopted.
8. Salary Authorizations - Recreation Department
— Highway Department
Pursuant to memo froan the Superintendent of Recreation, William
Zimmermann, on motion by Councilman Chapin, 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:
Michael Ch.iapparelli , Director, Youth Hockey Instruction Program, $24/hour, effective
11/3/90,.1 _ L
David Doherty, Coach, Pre Season Hockey Clinic, $15/hour, effective retroactive to
David Doherty, Coach, Youth Hockey Program, $14/hour, effective 11 /3/90.
Douglas Treasurer, Coach, Youth Hockey Program, $12/hour, effective 11/3/90.
Arthur Bruno, Coach, Youth Hockey, $la,/hour, effective 11/3/90.
Andrew Bates, Coach, Youth Hockey, $l'0./4ou.rs,effective 11/3/90.
James Thompson, Assistant Coach, Youth'Hockey $10/hour, effective 11/3/90.
Larry Hirschhorn, Assistant Coach,_ YouthxHo`ckey, $10hour, effective 11/3/90.
Patrick Machan, Coach, Youth Hockey, $1O'/hour, effective 11/3/90.
Richard Hollander, Official , Y-out iHockey, $1'0/hou,r, effective 11/3/90.
Peter Spader, Assistant Coach;Y'6uth Hockey, $9lhour effective 11 /3/90.
Kim Eaton, Coach, Youth Hockey„$15/hour°, 'effective 11/3`/90.
Mark Forzaglia, Coach, Youth Hockey, $14'/hour, effective 11/3/90.
Jacqueline Forzaglia, Scheduling Coordinator Youth Hockey, $12/hour, effective 11/3/90.
Elliott Rubenzahl , Assistant L.eader,p=` Youth Hockey, $5..25/hour, effective 11 /3/90.
Andrew Hirschhorn, Assistant eader Youth Hockey, $5/hour, effective 11 /3/90.
Andrew Baumbausch, Ass istant�Leader, Youth Hockey, $4 .7.5/hour, effective 11/3/90.
Steven Forzaglia, Assistant Coach;' Youth Hockey, $4.50/1iour, effective 11/3/90.
James Grieco, Recreation Assistant, Open House, $35/session, effective retroactive to
10/19/90.
Tracy Savino, Sr. Skating Instru t'on,� Hommocks Park'Y"Ice Rink $30/hour, effective
retroactive to 10/14/90. . °
Penny-Duffy, Sr. Skating Instructor, Hommocks Park Lce Rink, eff ective' retroactive to
10/14/90.
November 7, 1990
Amy DeNicola, Jr. Skating Instructor, Hommocks Ice Rink, effective retroactive to 10/14/90.
$22/hour,
Diane Morris, Jr. Skating Instructor, Hommocks Ice Rink, $22/hour, effective retroactive
to 10/1'4/90.
Edward Mannix, Lifeguard, Hommocks Pool , $5/hour-; effective 11/7/90. -
Toni Ferrucci , Alternate Lifeguard, Hommocks Pool , $5/hour, effective 11/7/90.
On motion by Councilman McGarr, seconded by Councilman Chapin,-it
-- was unanimously
-
RESOLVED, that this Board hereby
appoints Ralph Powers to work in
the Highway Department on a part-
time basis at a salary of $8/hour
effective 10/31/90 for approximately
20 hours per week.
9. Authorization to Execute Easement Agreement
The Administrator reported that the easement relates to an old
subdivision map indicating existence of two easements benefitting
the Town. He noted that the property owner constructed a patio
and pool pumphouse over the easement which has now created a
problem for him in transferring title. He explained that this
easement agreement gives the Town specific rights not mentioned
in the original easement, and acknowledges the existence of the
patio and pumphouse, while agreeing that should the Town be
required to enter the easement and remove any portion of the
patio or pumphouse, the Town will not be responsible for
replacing it since it violates the easement.
Following a brief discussion, on motion by Councilman Chapin,
seconded by Councilman McGarr, it was unanimously
RESOLVED, that this Board hereby
authorizes the Town Supervisor to
execute the Easement Agreement
between the Town of Mamaroneck and
Ignance Combes, owner of 26 Country
Club Drive, designated on the Town
Assessment Map as Block 229 Parcel 66.
APPROVAL OF N324UTES
The minutes of the Regular Meeting of October 17, 1990 were presented
and approved with a change.
AWOURI24ENP
There being no further business to coarse before this Board, on motion
by Councilwoman O'Flinn, seconded by Councilman Chapin, the meeting
was unanimously declared adjourned into Executive at 9:50 p.m.
Patricia A. DiCioccio
Town Clerk
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