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HomeMy WebLinkAbout1988_03_16 Town Board Regular Minutes 061 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 16TH DAY OF MARCH 1988 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 :45 p.m. in the Court Room, at which time the Town Board recessed into Executive Session in Conference Room A. Following discussion on matters of personnel, on motion duly made and seconded, the Executive Session was adjourned at 8:15 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 8 :20 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 Henry Korn Also present were: Patricia A. DiCioccio, Town Clerk Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator Edward M. Lieberman, Counsel to the Town CALL TO ATTENTION Supervisor Battalia pointed out to those assembled the location of exits as required by law for public gatherings. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:30 p.m. in the Court Room. 06? March 16, 1988 Present were the following members of the Commission: Commissioner Dolores A. Battalia Commissioner Caroline Silverstone Commissioner Stephen C. Chapin Commissioner Elaine Price Commissioner Henry Korn 1. Fire Claims Commissioner Price presented fire claims for authorization of payment and on her motion, seconded by Commissioner Korn, 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: Brewer $ 17.35 Consolidated Laundries, Inc. 63.00 ESCO 25.00 Excelsior Garage & Machine Works, Inc. 377. 80 W. W. Grainger, Inc. 36 .07 Leonard Newman Agency, L.P. 130.00 NYNEX 9.00 RAD 267.43 Sofco, Inc. 183.80 Technical Electronics, Inc. 50.00 Town of Mamaroneck Professional Fire Fighters Association 153. 27 Wescon Tire 160.55 Westchester Rockland Newspaper, Inc. 188.75 $1,662.02 2. Other Business Supervisor Battalia mentioned that Item number 12 under AFFAIRS OF THE TOWN was a report of bids concerning the Fire Department and should be taken care of at this time. The Administrator advised that the Town budget includes a $10,000 appropriation for the purchase of beepers, and on motion by Councilwoman Silverstone, seconded by Councilman Korn, it was unanimously RESOLVED, that this Board hereby awards Contract TA-88-5 to Motorola Communications and Electronics, Inc. of Glen Rock, New Jersey as the lowest responsible bidder, to furnish Belt-Worn Alert Monitor Receivers, including Battery Chargers to the Town for $429.00 per each unit; and be if further RESOLVED, that this Board hereby authorizes the Town Administrator to execute this contract for an estimated quantity of between 23 and 28 beepers for use by the Town Fire Department. 2 March 16, 1988 There being no further business to come before this Commission, on motion by Councilwoman Silverstone, seconded by Councilman Korn, it was unanimously declared that this meeting be adjourned at 8 :45 p.m. and the Regular Meeting be reconvened. PUBLIC HEARING - Installation of Stop Signs-Intersection of North Chatsworth Avenue with a) Echo Lane b) Birch Road On motion by Councilwoman Silverstone, seconded by Councilwoman Price, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavit of Publication and Posting of the Notice of Hearing. The Administrator explained that the Traffic Committee recommended stop signs based upon the level of traffic on Echo Lane and Birch Road and the fact that the Traffic Committee would prefer some traffic control on North Chatsworth Avenue. The Supervisor asked if anyone cared to address the Board either in favor or opposition. Councilwoman Silverstone asked if residents had requested the stop signs, to which the Administrator replied that some residents had requested stop signs, which is not III unreasonable since North Chatsworth Avenue is a main thoroughfare and traffic entering from secondary streets should have some control. The Supervisor asked for a motion to close the Public Hearing, such motion made by Councilwoman Price, seconded by Councilman Chapin. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck, by virtue of the authority granted to it, does hereby designate the following amendments to ss 81-6 entitled Stop intersections, of the Mamaroneck Town Code, to read as follows: (69) Intersection of the following streets with North Chatsworth Avenue: (a) Echo Lane. (b) Birch Road. ; and be it further RESOLVED, that this act shall take effect immediately. 3 • 064 March 16, 1988 PUBLIC HEARING - Establish NO PARKING ZONE-Leafy Lane On motion by Councilwoman Price, seconded by Councilman Korn, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavit of Publication and Posting of the Notice of Hearing. The Administrator explained that the residents of Leafy Lane were present at a Traffic Committee meeting and indicated that they felt it was an imposition on them as well as an unfair use of the Street for commuters to leave their cars parked there all day, and that the Traffic Committee recommended prohibiting parking from 6 :00 to 10 :00 a.m. from Monday through Friday with the exception of holidays. The Supervisor asked if anyone had any comments either in favor or against this recommendation. No one cared to comment and on motion by Councilman Korn, seconded by Councilwoman Silverstone, the Public Hearing was unanimously declared closed. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck, by III virtue of the authority granted to it, does hereby establish the following traffic regulation: NO PARKING shall be permitted on Leafy Lane between the hours of 6 :00 and 10 :00 a.m. Monday through Friday, except Holidays. PUBLIC HEARING - Sewer System Improvements a) Baldwin Avenue Pump Station and Force Main b) Baldwin Avenue Gravity Sewer a) Baldwin Avenue Pump Station and Force Main On motion by Councilman Korn, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavit of Publication and Posting of the Notice of Hearing. The Administrator gave a brief update and explained that the purpose of the project was to improve efficiency of the sanitary sewer system and eliminate the flow of storm water into the system. He explained further that this would be accomplished by constructing a pump station at the end of Baldwin Avenue, and a force main which would course down Baldwin, across Myrtle, through 4 065 March 16, 1988 a portion of Parking Lot #1 and ultimately down Laurel, connecting to a County receptor main on Weaver Street. Mr. Altieri concluded that the estimated cost was $1,500,000 including construction and engineering services and that, although the State D.E.C. as well as the Federal E.P.A. would fund 85% of the cost, it is a reimbursement type grant. The Supervisor asked if anyone cared to address the Board in favor or opposition to the proposed project. No one responded, and on motion by Councilwoman Price, seconded by Councilwoman Silverstone, the Public Hearing was unanimously declared closed. Thereafter, on motion duly made and seconded, the following resolution was unanimously adopted: WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a plan and report relating to the increase and improvement of the facilities of Sewer District No. 1, consisting of the purchase and installation of a gravity sewer in Baldwin Avenue at a maximum estimated cost of $100,000, and the construction of a sanitary sewage pump station on Baldwin Avenue and the purchase and installation of a force main, at a maximum estimated cost of $1,500,000, for an aggregate maximum estimated cost of $1,600,000; and WHEREAS, compliance with the provisions of the State Environmental Quality Review Act with respect to the aforesaid increase and improvement has been performed and such project has been determined to be a "Type II Action" for purposes of the State Environmental Quality Review Act which will not result in any significant environmental effects; and WHEREAS, this Resolution shall take effect immediately; The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Dolores A. Battalia VOTING aye Caroline Silverstone VOTING aye Stephen C. Chapin VOTING aye Elaine Price VOTING aye Henry Korn VOTING aye II The resolution was thereupon declared duly adopted. b) Baldwin Avenue Gravity Sewer The Supervisor requested a motion to open this Public Hearing, and on motion by Councilwoman Silverstone, seconded by Councilman Korn, it was unanimously 5 066 March 16, 1988 RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavit of Publication and Posting of the Notice of Hearing. The Administrator detailed the purpose of replacing the gravity sewer located on Baldwin Avenue since it has a variety of defects, including cracks and unsealed joints. He reiterated the costs and determinations which are inclusive with the pump station and force main and emphasized again that costs must be laid out by the Town although 85% funding will be reimbursed. Supervisor Battalia asked if anyone cared to speak either in support of opposition. No one addressed the matter and on motion by Councilman Chapin, seconded by Councilwoman Silverstone,. the Public Hearing was unanimously declared closed. Thereafter, on motion duly made and seconded, the following resolution was unanimously adopted: WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a plan and report relating to the increase and improvement of the facilities of Sewer District No. 1, consisting the purchase and installation of a gravity sewer in Baldwin Avenue, at a maximum estimated cost of $100,000, and the construction of a sanitary sewage pump station on Baldwin Avenue and the purchase and installation of a force main, at a maximum estimated cost of $1,500,000, for an aggregate maximum estimated cost of $1,600,000; and WHEREAS, such project has been determined to by a "Type II Action" for purposes of the State Environmental Quality Review Act which will not result in any significant environmental effects; and WHEREAS, this Resolution shall take effect immediately; the question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Dolores A. Battalia VOTING aye Caroline Silverstone VOTING aye Stephen C. Chapin VOTING aye Elaine Price VOTING aye Henry Korn VOTING aye The Resolution was thereupon declared duly adopted. 6 067 March 16, 1988 APPROVAL OF MINUTES The minutes of February 24th and March 2nd were held over to the next meeting. AFFAIRS OF THE TOWN 1. Appointment - Zoning Board Councilwoman Price explained that Pat Kelleher' s term on the Zoning Board had expired and she enthusiastically recommended reappointment to another term, after which, on her motion, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Town Board hereby appoints Patrick B. Kelleher of 108 Hickory Grove Drive West, Town, to serve a second term on the Zoning Board, effective immediately. 2. Gardens Lake Dredging Project-Lead Agency Designation -Designation of Type of Action The Administrator informed the Board that to proceed with the project under SEQR, the Board must delcare itself as lead agency and also declare the project a Type I action, which will require referral to the CZMC. He then made note of a letter from Mr. Lawrence G. Biegel of the State Department of Environmental Conservation indicating that upon their classification of the dredged material as industrial waste, upland disposal at the Hommocks Field is not appropriate. He added that the DEC has alternatively indicated that disposal is suitable at the Croton Point landfill. Mr. Altieri went on to state that the Town Engineers, Malcolm Pirnie, do not agree with the findings of the D.E.C. and have written to them questioning how they determined the source of the hydrocarbons to classify the material as industrial waste. After some discussion, on motion by Councilwoman Price, seconded by Councilman Korn, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck in the matter of the Gardens Lake Dredging Project hereby declares itself as Lead Agency; and it is further RESOLVED, that the Town Board as Lead Agency hereby declares this project a Type I action which may have a significant impact on the g P environment. 7 068 March 16, 1988 3. Update - Larchmont Motel The Supervisor reported that a press conference was held on Monday, March 7th, with the entire Town Board, Superintendent of Schools, Mayors of both Villages and the President of the School Board attending. At that time, she added, the public was advised of the change of circumstances at the Larchmont Motel and certain elected officials were called upon to come to the Town's assistance and grant some aid with respect to the Motel. She remarked that she wished to further update information for the public on the status of this situation. Supervisor Battalia mentioned that a meeting was held on the following Wednesday morning seeking support from community leaders, which has been very forthcoming, and there will be a meeting at the School Board office this coming Monday. In the interim, she noted, one dedicated volunteer located three apartments near the Village of Mamaroneck and with the help of Congressman Dio Guardi in securing the necessary HUD vouchers, the process of relocating families has begun. Supervisor Battalia also reported that four or five Town Board members and representatives of the School Board had met with the County Executive and he had called late this afternoon to advise that a County Police Officer in a marked vehicle will be stationed at the motel from 4:00 p.m. to 8 :00 a.m. for a period of ten days, during which time we will continue to meet with him. She stated that she and the Police Commissioner had met with representatives of the District Attorney, who is on vacation at the moment, but that a subsequent meeting will be held with Councilman Korn attending. She concluded that she will continue to keep everyone informed and she believed that the willingness of the County to keep a Police Officer posted was a significant step. 4. Renewal of Retainer Agreement - General Counsel After explanation by the Town Administrator, on motion by Councilman Korn, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Town Administrator is hereby authorized to execute the agreement with Edward Lieberman, Esquire, for services as Counsel to the Town of Mamaroneck. 5. Authorization - Sale of Ice Rink Equipment Following the Administrator' s enumeration of the items no longer needed as a result of the Hommocks renovation, on motion by Councilwoman Silverstone, seconded by Councilwoman Price, it was unanimously 8 069 March 16, 1988 RESOLVED, that this Board hereby declares the following list of items as surplus equipment and authorizes the Town Administrator to initiate the sale of said items to the highest bidder: AIR STRUCTURE: bubble harness Johnson blower & heater unit stand by blower unit 19 light stands 6 emergency doors; revolving door Zamboni room air lock RINK: boards hockey retaining fence header cower boards all header piping ice mat system .075 Dunham bush chiller unit pcq Dunham bush chiller unit 4 electrical controls for chillers 2 circulators 4 electrical controls for circulators expansion tank At this time the Administrator mentioned that Family Night would be held at the Ice Rink on March 18th and on March 21st there would be an ice show. The Supervisor clarified that the Family Night was sponsored by the P.B.A. and there was no charge. 6. Resolution - Legislative Package Mamaroneck Sewer District Task Force The Supervisor requested a resolution to support the legislative package of the Village of Mamaroneck in connection with the Mamaroneck Sewer District and mentioned that the Administrator had attended a meeting in White Plains and would explain further. 1 11 Mr. Altieri commented that essentially the Task Force Group L- realizes that if funding is withheld for plant upgrading, $160 million would have to be spread over the Mamaroneck Sewer District which encompasses almost the entire Town, the entire Village of Mamaroneck and Harbor Communities, and the increase to the Sewer District tax rate would be extraordinary. 9 070 March 16, 1988 Councilwoman Silverstone stated that she felt the proposals in the legislative package seemed to be in the best interests of the Town financially and on her motion, seconded by Councilman Chapin, it was unanimously RESOLVED, that the Town Board hereby joins with the Mamaroneck Sewer District Task Force and supports the following proposals: New York State protect the Federal Water Quality Act funds maintaining them as grants through at least 1990; New York State provide additional funding to make up the difference between the federal grants and the loans to provide protection for taxpayers in the district and insulate them from repayment of the loans; New York State undertake a sewer construction repair bond issue to provide revenue source for municipalties participating in sewer repair and rehabilitation projects; New York State establish a low-interest loan fund to be utilized on a means test basis for those property owners who must disconnect and reconnect a storm or sewer line hookup. 7. Salary Authorization - Assistant Assessment Clerk Following a brief explanation by the Town Administrator that funds were included in the 1988 Town Budget for this position and that there was no name on the Civil Service List, so that the position is provisional until the applicant takes the Civil Service Exam, on motion by Councilwoman Silverstone, seconded by Councilman Korn, it was unanimously RESOLVED, that this Board hereby appoints Rose Gareri of Mamaroneck Village as Assistant Assessment Clerk on a provisional basis, at an annual salary of $18,890, effecive March 23, 1988. 8. Authorization - Tax Lien Sale On motion by Councilwoman Silverstone, seconded by Councilman Korn, it was unanimously RESOLVED, that this Board hereby authorizes a Tax Lien Sale to be held on Friday, May 20th, 1988 at 10 :00 a.m. 10 071 March 16, 1988 9. Authorization - Accept Bids Refurbishment of Zamboni (Ice Maker) The Town Administrator informed that as part of the overall project to renovate the Hommocks Ice Rink and Pool, the Town Board appropriated funds for the refurbishment of the Zamboni Machine used to condition the ice at the rink. Thereafter, on motion by Councilman Korn, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Town Board hereby authorizes the Town Administrator to prepare and accept bids for the refurbishment of the Zamboni machine used at the Hommocks Ice Rink. 10. Authorization to Collect Town and County Taxes On motion by Councilwoman Silverstone, seconded by Councilman Korn, it was unanimously RESOLVED, that this Board hereby authorizes the Deputy Receiver of Taxes of the Town of Mamaroneck to collect the 1988 State, County, Town and Special District taxes and the water rents which become a lien on January 1, 1988; and be it further RESOLVED, that in accordance with the provisions of Section 500 of the Westchester County Administrative Code, The Daily Times, the official newspaper published for the Village and Town of Mamaroneck, is hereby designated as the newspaper in which the Deputy Receiver of Taxes and Assessments shall publish the "Notice of the Collection of State, County, Town, and Special District Taxes and water rents; " and be it further RESOLVED, that in accordance with the provisions of Section 550 of the Westchester County Administrative Code, the Town Board dos hereby direct the Deputy Receiver of Taxes and Assessments to mail to each taxpayewr 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. 11 079 March 16, 1988 11. Set Date for Public Hearings - Proposed Flood Damage Prevention Law - Sign Ordinance Variance-Carlton House Following some discussion, on motion by Councilman Korn, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby sets April 20, 1988 as the date for a Public Hearing to consider a Proposed Flood Damage Prevention Law; and be it further RESOLVED, that the Town Clerk be, and she hereby is, authorized to publish in The Daily Times, the Notice of said Hearing as required by law. After some discussion, on motion by Councilman Korn, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby sets April 6, 1988 as the date for a Public Hearing to consider a variance from the current sign ordinance in the Town, which is being sought by Presidential Housing for three signs to be installed on North Chatsworth Avenue, Jefferson Street and Madison Avenue, for the purpose of advertising condominums for sale; and be it further RESOLVED, that the Town clerk be, and she hereby is, authorized to publish in The Daily Times, the Notice of said Hearings as required by law. 12. Report of Bids - Contract TA-88-5 - Contract TA-88-3 The Report of Bids for Contract TA-88-5 were taken up under the BOARD OF FIRE COMMISSIONERS. The Town Administrator reported that the Town received bids for contract TA-88-3 to install a sewage pump station and force main in the area of Baldwin Avenue. On motion by Councilwoman Silverstone, seconded by Councilman Korn, it was unanimously 12 073 March 16, 1988 RESOLVED, that this Board hereby awards Contract #TA-88-3 for the installation of a sewage pump station and force main in the Baldwin Avenue area to Bilotta Construction Corporation, the lowest responsible bidder for general construction; and to Stack Electric of Mount Vernon as the lowest responsible bidder for electrical installation; and be it further RESOLVED, that the Town Administrator is hereby authorized to execute agreements with the above-named contractors. WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS There were no written or oral communications to come before the Board at this time. THE SUPERVISOR Reports The Supervisor commented that while giving the status of the Larchmont Motel earlier, she neglected to say that at the County Executive's meeting, mention was made that there would be no additional placements at the Motel at this point. Some further discussion ensued concerning matters at the Motel. REPORTS OF THE COUNCIL Councilwoman Silverstone reported that she had attented Recreation meetings and, in addition to the ice skating party, had two other • items to report. She commented first on the sailing program, which both the Recreation Commission and Board had spent too much time on and, she noted, even if the Town had gotten Mamaroneneck Village to handle our boats gratis, the salaries that have to be placed against the revenues that come from this program just make it absolutely impossible. She then commented on a very exciting proposal for an early morning swim program at 6: 15 a.m. to run about ten weeks and for which the mathematics required twenty-two people to sign on, but with only thirteen signing on, the decision was made to cancel. 13 074 March 16, 1988 Councilwoman Price reported that she is working with Special Council, Steven Silverberg, on zoning amendments necessary to implement Phase II of the Master Plan. ADJOURNMENT There being no further business to come before the Town Board, on motion by Councilman Korn, seconded by Councilwoman Silverstone, the meeting was unanimously declared adjourned at 9 :40 p.m. at which time the Board convened into Executive Session. Town Clerk Patricia A. DiCioccio 14