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HomeMy WebLinkAbout1990_11_28 Town Board Regular Minutes 4.15 MIN= OF THE REGULAR MEETING OF THE TOWN BOARD AMID BOARD OF FIRE CO=SSIONERS OF THE TOWN OF MWMNECK, HELD ON THE 28TH DAY OF NOVEMBER 1990 IN THE COURT I400M OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD, MAM?WNECK, NEW YORK CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 8:25 p.m. Present were the following members of the Board: Supervisor Caroline Silverstone Councilman Stephen Chapin Councilwoman Elaine Price Councilwoman Kathleen Tracy O'Flinn Councilman John McGarr was unable to be present since he was out of Town on business. Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Counsel Paulette Gabbriellini, Assistant to the Town Administrator William McDenwtt, Fire Chief CALL TO ATTENTION Supervisor Silverstone pointed out to those assembled the locations of exits as required by law for public gatherings. PRESENTATION - Safe Rides Ari Makridakris and Mary Serphos, Senior Representatives from Mamaroneck High School, gave a brief explanation of Safe Rides, which has been in existence for seven years and has approximately 120 members. They urged people to become involved, noting that Safe Rides is in operation every Friday and Saturday evening from 10:00 p.m. to 2:00 a.m.. Both then responded to questions from the Town Board and pointed out how their members have helped spread their ideas throughout other communities. November 28, 1990 416 PUBLIC HEARINGG - Amendment to Tree Preservation Law The Supervisor asked for a motion to open the Public Hearing on the amendment to the Tree Preservation Law, and on motion by Councilwoman OfFlinn, 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. Town Counsel, Steven Silverberg briefly explained that this law allows payment of a fee in lieu of full replacement of all trees on a site where planting will not further the purposes and intent of the Law. Supervisor Silverstone asked if anyone wished to speak in favor of or in opposition to this amendment to the Tree Preservation Law. No one commented. She then asked if anyone on the Board wished to comment. Councilwoman Price stated that she felt it wise to leave discretion to the Tree Cmmnission. There being no further comments, the Supervisor asked for a motion to close and on motion by Councilwoman Price, seconded by Councilman Chapin, the Public Hearing was unanimously declared closed. .Thereafter, on motion by Councilwoman O'Flinn, seconded by Councilwoman Price, the following resolution was unanimously adopted: IDCAL LAW #6-1990 TREE PRESERVATION Section 1. Purpose: The purpose of this local law is to amend Local Law #10 of 1985 entitled "Tree Preservation" for the purpose of allowing discretion to the Tree Commission to allow the payment of a fee in lieu of full replacement of all trees on a site where the planting of replacement trees will not further the purposes and intent of the Tree Preservation Law. Section 2 - Amendment: Local law #10 of 1985 "Tree Preservation" is hereby amended as follows: i §76A-3 shall be amended by adding a Sub-paragraph (C) which shall read as follows: The Town Board shall create a Tree Fund Account to be used as a depository for funds collected. When the Tree Commission determines that replacement trees are not required (as provided in §§76A - 5(B) ) the funds to be collected in lieu of planting trees shall be deposited in the Tree Fund Account. Funds placed in the Tree Fund Account may only be used for the planting of trees on Town-controlled lands .or at Town facilities. 2 November 28, 1990 417 §76A-5B shall be amended to read: The applicant shall submit plans showing existing and proposed contours at two-foot intervals on a map or plan at a scale no smaller than one (1) inch equalling fifty (50) feet. Where trees are to be removed or destroyed, existing trees, specifying types and sizes, shall be shown and the reasons for removing or destroying said trees shall be set forth. The plans shall provide for new trees to be planted and shall specify their location and type to replace the existing trees in kind. When by vote of a majority of the members of the Tree Commission, the Tree Commission determines that the planting on available areas of a site will not further the purposes and intent of this local law, the Tree Commission may allow, in lieu of planting, the payment of a fee of Two Hundred-fifty Dollars ($250) per tree which funds shall be placed in a Town Tree Fund. Under no circumstances may the payment of a fee in lieu of tree replacement be substituted for more than fifty percent (50%) of the required replacement trees for any one site. The acceptance of the fee in lieu of replacement trees may be allowed at any time after the approval of a Tree Removal Permit and before the return of the performance bond, unless special conditions are imposed pursuant to §76A-5-1. When the existing trees are so large and mature that they cannot be replaced, the Tree Preservation Commission may require the planting of multiple trees instead. §3 Severability: The validity of any Section, Clause, Sentence or Provision of this local law shall not affect the validity of any part of this local law which- can be given effect without the invalid part or parts §4. Effective Date: This local law shall become effective immediately. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Silverstone at 8:40 p.m. in the Court Room. Present were the following members of the Commission Commissioner Caroline Silverstone Commissioner Stephen Chapin Commissioner Elaine Price Commissioner Kathleen Tracy O,Flinn Commissioner John McGarr was unable to attend since he was away on business. 1. Fire Claims Commissioner O,Flinn presented fire claims for authorization of payment and upon her motion, seconded by Commissioner Chapin, it was unanimously Resolved, that this Commission hereby authorizes payment of the following Fire Deparbuent claims as approved by the Fire Chief and audited by the Comptroller's Office: 3 418 November 28, 1990 Coastal Oil $ 366.49 Dri-Chem Extinguisher Corp. 954.00 ESCO 25.00 Excelsior Garage & Machine Works, Inc. 1,258.09 Robert Fatizzi 11.00 Grainger 6.86 Imperial Bag & Paper Co., Inc. 263.40 Industrial Fire & Safety Equip. Co., Inc. 316.00 Larchmont Auto Parts Dist., Inc. 157.98 Lawrence Heat & Power Corp. 562.99 Lawrence Heat & Power Corp. 424.32 NYNEX 9.00 NYNEX 9.00 Olson & Gordon 126.75 Portronix 247.90 Prof tech 19.41 State Line Fire & Safety, Inc. 140.00 State Line Fire &`Safety, Inc. 2,978.00 Town of Mamaroneck-Prof. Fire Fighters Assoc. 102.18 $ 7,978.37 2. Other Business Fire Chief, William McDenwtt, informed the Board that the emergency generator is broken and would cost approximately $9,000 to fix. Some discussion ensued among the Board, with the Chief fielding questions. General consensus was to explore solutions immediately and defer this item to the next meeting, which is only one week away, on December 5th. There being no further business to coarse before this Commission, on motion by Commissioner Price, seconded by Cmmuissioner O,Flinn, the meeting was unanimously declared closed at 8:55 p.m. AFFAIRS OF THE TOWN I. Authorization - Westchester Joint Water Works Project A-1018 Following a brief explanation by the Administrator, on motion by Councilwoman O'Flinn, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to increase the amount of the total cost for the Westchester Joint Water Works Project #A1018 by $5,175, as the Towns share for the Halstead Avenue to Harrison Avenue Water Main Joint Project. 2. The owner of the Post Way Diner and Larchmont Diner explained his plans for the grand opening of the Post Way Diner and answered questions addressed by the Board. Thereafter, on motion by Councilwoman O'Flinn, seconded by Councilman Chapin, it was unanimously 4 November 28, 1990 419 RESOLVED, that this Board hereby approves the application by the Post Way Diner to display streamers and buntings for a "Grand Opening.', On motion by Councilman Chapin, seconded by Councilwoman O,Flinn, it was unanimously RESOLVED, that this Board hereby approves the application of Larchont Way Diner to display streamers during the grand opening of Post Way Diner. On motion by Councilwoman OIFlinn, seconded by Councilwoman Price and Supervisor Silverstone, opposed by Councilman Chapin who felt the owner should be extended the additional week he requested, it was RESOLVED, that this Board hereby approves application by the owner for "Grand Opening" of the Post Way Diner and joint grand opening celebration by the Larchmont Diner for a period of 15 days as specified under Section 14-29 C(4) of Town Law. 3. Set Public Hearing - Parking Ordinance Murray Avenue On motion by Councilwoman OIFlinn, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby sets December 19, 1990 as the date for a Public Hearing on a proposed parking ordinance to restrict parking on that portion of Murray Avenue between Myrtle Boulevard and Leafy Lane on Wednesdays from 9:00 a.m. to 12:00 noon for purposes of street cleaning; 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. 4. Set Public Hearing - Amend Local Law 2-1985-Senior Citizen Tax Exemption On motion by Councilwoman Price, seconded by Councilwoman OIFlinn, it was unanimously RESOLVED, that this Board hereby sets December 19, 1990 as the date for a Public Hearing on a proposed amendment to Local Law #2-1985 increasing income level eligibility for senior citizen property tax exemption as per recent State authorization; 5 420 November 28, 1990 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. 5. Authorization - Amendment Urban County Cooperation Agreement Following an update by the Administrator and some discussion among the Board, on motion by Councilwoman Price, seconded by Councilwoman O'Flinn, it was unanimously RESOLVED, that this Board hereby amends the Urban County Cooperation Agreement as mandated by the Federal Housing and Urban Development Agency. 6. Authorization - Open Money Market Account-Public Housing Agency Pursuant to memo by the Town Administrator, on motion by Councilwoman Price, seconded by CouncilwomanO'Flinn, it was unanimously RESOLVED, that this Board hereby authorizes that Federal monies for the operation of the Public Housing Agency, generally totaling $180,000, be deposited in a money market account with the Dime Savings Bank in Mamaroneck to serve as an additional depository for the administrative fees. 7. Authorization - Replacement Fee-Parking Permits Following a brief explanation by the Town Clerk, on motion by Councilwoman Price, seconded by Councilwoman O'Flinn, it was unanimously sly RESOLVED, that this Board hereby authorizes a charge of $5.00 as a parking permit replacement fee. 8. Authorization - Creation of Parking Lot #4 The Town Clerk explained that the Coughlin Parking Lot is near completion and will be available for parking to Town residents. On motion by Councilwoman O'Flinn, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby designates the Coughlin lot as Town Parking Lot #4 and authorizes the sale of parking permits for Lot #4 between 7:30 p.m. and 8:00 a.m. 6 November 28, 1990 421. 9. Salary Authorizations - Recreation On motion by Councilwoman Price, seconded by Councilwoman O'Flinn, it was unanimously RESOLVED, that this Board hereby appoints Robert Lunde, Jr. of Ferndale Place, to the position of Maintenance Mechanic/Ice Rink Manager, at a salary of $28,500 annually, effective Dec. 1, 1990; and be it further RESOLVED, that this Board hereby appoints Jill C. Fisher of Patterson, New York to a 6-month position as Administrative Intern in the Recreation Department at an annual salary of $28.500, effective December 17, 1990 and terminating on May 1, 1991. Thereafter, on motion by Councilwoman Price, seconded by Councilman Chapin, it was unanimously RESOLVED, that as provided for in the 1990 Town Budget, authorization is hereby granted for payment of salaries to the following: Isaacson, James, Youth Hockey Referee, $10/hour, effective 11/23/90. Ferro., Michael, Youth Hockey Referee, $11/hour, effective 11/23/90/ Asch, Lopi, Youth Hockey Assistant, $4.25/hour, retroactive to 11/17/90. Melamed, Douglas, Lifeguard, $5/hour, effective 11/24/90. DeRaffele, Frank, Skate Room Attendant, $7/hour, effective 11/23/90. Schoeder, John, Skate Guard, $7/hour, effective 11/23/90. Dillon, Deidre, Hockey Time Keeper, $4.25/hour, effective 11/23/90. 10. Resignation - Stephen Chapin The Supervisor called on Councilman Stephen Chapin, who read his letter of resignation, citing his employment responsibilities in a newly formed bank which make it impossible for him to devote sufficient time and energy to Town affairs. Councilman Chapin also went on to say that he is not a quitter and happens to like 1 this job a great deal, but he is forced to resign as Councilman since he has recently become involved in a start-up of a special purpose commercial bank, with 75 world wide, and work for three times that many. He emphasized that with commitment to this new venture and his three children who were beginning to know him as "the guy who drives on weekends," he felt it was necessary. He commented that while he enjoyed his job as Councilman for its ability to get him out of his narrow world of finance and its 7 422 November 28, 1990 opportunity to offer him a positive impact on his community, he no longer has the hours required to do the job well. He thanked former Supervisor Dolores Battalia for getting him involved in the Town Board process, Supervisor Silverstone, the other Board members and several Town employees. Supervisor Silverstone replied that it is a very sad moment in seeing Councilman Chapin leave, noting that he will be missed and expressing great sympathy for his wife and children since she is well aware of his not being home very much. She commented that she accepts his resignation with some displeasure but with understanding. The other Board members commented on how much he will be missed and invited him to attend meetings if and when he can.. APPROVAL OF MINU'T'ES The Minutes of the Special Meeting of October 30, 1990 were approved. PROCLAMATION - Joseph_P. Passafume Retirement - The Supervisor issued the following in honor of Joseph Passafume: 3AI{EREA1, having served the *lawn of 11amaroreck as a polio - — officer from 22 October 1970 to 22 October 1990; WHEREA1 , having faithfully hischarge.d his duties in the capacity of Patrnlirian? Detective, $ertgeant and f,ieutenant; ank'"�nmm4�%dEr of Detectives; and rye� MHEREA9, having been ,t on1`a offxver in the history of the Down of mamaruneck` tin re sue the fltedal of Honor; �4 WHEREAS, having f%r uu�tandinl� Service on twentyx�iztna �tcsions ashE recipient of dEparim�,:t�aly io:tur awards; ,. NEON,.IHEREFORE, y?3E_.Z� RE�UG�VED, that the town Board of the town off?Mamaroneck, New Bork herehIl extends to its yiYctESt appreciation for, the; Attstardiny service`-he provided the lawn of ffiamaroneclz and wishes him ttte every hest for a happy ait� successful future BE It FUREHER RU OJWED, ''that a copy of Ibis resolution be spread upolt t.he'tofficial recar,4s of the lawn of mama runeck-,end, hat a copy be suitably presented to him. I WIZNE $ UIEREOF, x have set ma hand and caused the seal of the town of Mamaroneck, State of,, New Bork, to be affixed this 21st day of November, 1990. ,:• -- --- - --- ---- Caroline 5ilverstone 4upErvisor lawn of Diamaronectz 8 421 November 28; 1990 THE TOWN CLERK The Town Clerk submitted the Monthly Report of the Town Clerks Office for the month of October 1990. WRITTEN CQNIIK=C=ONS ORAL C0bJMfJNICATIONS Mrs. Glaser asked when and where she could receive copies of the Town Budget, to which the Administrator responded that the Tentative Budget is available at the Town Clerkrs Office and the Administrator,rs Office and that the Preliminary Budget will be available on Monday afternoon, with the Preliminary Budget being presented at the December 5th meeting. Some discussion ensued concerning availability and the Board assured that they would see that she received a copy. Mrs. Glaser then gave brief comments on how she feels about the Town Budget and rising taxes, and asked questions to which the Board members responded. ADJOURNMENT There being no further business to come before this Board, on motion by Councilwoman Price, seconded by Councilwoman O'Flinn, the meeting was unanimously declared adjourned at 9:50 p.m. Patricia A. bbcioc6io Town Clerk 9