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HomeMy WebLinkAbout1987_11_18 Town Board Regular Minutes kL 340 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 18TH DAY OF NOVEMBER 1987 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. in the Court Room. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilwoman Caroline Silverstone Councilman Thomas R. Amlicke Councilman Lawrence A. Lerman Councilman Stephen C. Chapin Also present were: Patricia A. DiCioccio, Town Clerk Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator Edward Lieberman, Counsel to the Town William McDermott, 2nd Deputy Fire Chief On motion duly made and seconded, it was unanimously resolved that the Board recess into Conference Room A for a work session on the budget. At 8:20 p.m. it was unanimously resolved to adjourn the Budget Work Session and reconvene the Regular Meeting. RECONVENE REGULAR MEETING: The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 8:25 p.m. in the Court Room. CALL TO ATTENTION - Location of Exits Supervisor Battalia pointed out to those assembled the location of exits as required by law for public gatherings. -1- NOV. 1 B 19V 341 BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:27 p.m. in the Court Room. Present were the following members of the Commission: fission: Commissioner Dolores A. Battalia Commissioner Caroline Silverstone Commissioner Thomas R. Amlicke Commissioner Lawrence A. Lerman Commissioner Stephen C. Chapin 1. Fire Claims Commissioner Lerman presented fire claims for authorization of payment and on his motion, seconded by Commissioner Amlicke, 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. $1.075.29 Brewers 25.03 Excelsior Garage & Machine Works, Inc. 587.30 Lawrence Heat & Power Corp. 499.88 Lawrence Heat & Power Corp. 121.38 Diane B. McBrayer 5.50 Portronix 308.20 Town of Mamaroneck Professional Firefighters Association 102.18 Westchester Joint Water Works 123.45 $2,848.21 ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Silverstone, seconded by Commissioner Amlicke, it was unanimously declared that this meeting be adjourned at 8:35 p.m. PUBLIC HEARING - Handicapped Parking-Murray & No. Chatsworth Avenues The Administrator stated that the Traffic Commission had received a request to establish handicapped parking in the area of North Chatsworth Avenue, Washington Square, Myrtle Boulevard and Murray • Avenue. He explained that the Traffic Committee, upon recommendation of the Police Department, designated four sites at which handicapped parking would be allowed between the hours of 8:00 a.m. and 6:00 p.m. Thereafter, Supervisor Battalia asked for a motion to open the hearing and on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notices of Hearing. -2- NOV. 1 6 isvi • 342 Some discussion followed concerning hourly designations and just how spaces should be marked. Supervisor Battalia then asked if anyone wished to address the Board in favor. Dr. Heide of 17 North Chatsworth Avenue brought a letter to the Board from a handicapped neighbor and stated that he had brought this letter to the Traffic Commission in June and is very anxious to see this become effective. He added that he had tried to secure names and addresses of other handicapped people within the area but that there is no master list. Councilman Lerman stated that there was the same problem with the Committee on the Disabled, but that the lists are protected. Supervisor Battalia introduced a letter from Harold Eisner of 14 North Chatsworth Avenue, supporting the recommendations of the Traffic Commission in regard to handicapped parking spaces. At this time Supervisor Battalia asked if anyone wished to address the Board in opposition. No one cared to address in opposition, and on motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Hearing be, and it hereby is, declared closed. Thereafter, on motion by Councilman Amlicke to adopt the recommendations of the Traffic Commission, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck, by virtue of the authority granted to it, does hereby establish the following traffic regulation: Handicapped parking spaces shall be created and suitably marked in the following locations: North side of North Chatsworth Avenue between 14 and 16 North Chatsworth Avenue; South side of North Chatsworth Avenue at the corner of Washington Square and North Chatsworth.Avenue; West side of Murray Avenue closest to Myrtle - Boulevard (2 spaces) ; Myrtle Boulevard to the north of the driveway entrance to 1 Washington Square during the hours of 8:00 a.m. to 6:00 p.m. ; and be it further RESOLVED, that this regulation is subject to the provisions of the traffic regulations concerning snow emergency streets promulgated on December 14, 1970 by the Police Commission of the Town of Mamaroneck. At this time the order of the Agenda was changed and Item #3 under AFFAIRS OF THE TOWN was taken up. -3- NOV. 1 8 1,987 j4U AFFAIRS OF THE TOWN 3. Proposed Amendment to Contract of Sale - 21 North Chatsworth Avenue The Administrator explained that in late 1986, the Board authorized the sale of a strip of land adjacent to 21 North Chatsworth Avenue for the purpose of maintaining a parking area adjacent to 21 North Chatsworth Avenue. He added that in order to complete construction of a retaining wall necessary to maintain the parking area, it was necessary to amend the original site plan as submitted by the developers. He added further that the original site plan called for that piece of land to be graded to slope and such grading would have eliminated the parking that currently exists in this area and therefore both the Town and Cooperative Association of 21 North Chatsworth appeared recently at a Planning Board meeting to obtain approval for the amendment to the site plan. Mr. Altieri explained further that the Planning Board granted approval for the amendment to the site plan but, however, they had requested that, as a condition of the amendment, a further covenant be incorporated into the contract of sale which stated that in the event the Cooperative Association of 21 North Chatsworth fails to properly maintain the proposed retaining wall, the Town would be authorized, at its descretion, to assume responsibility for the maintenance and to assess the cost for such, back to the Cooperative Association of 21 North Chatsworth. Counsel Lieberman fielded questions from the Board in regard to the type of material used for the retaining wall, the question of 30-day written notice in the case for emergency maintenance or repair, and the fact that the Planning Board recommended author- "! ization for the inclusion of said amendment into the contract. Councilman Chapin stated that he did not wish to create a problem, but he believed that mention of a stone retaining wall may be in some documents, if not in the contract, and he wished to be given an opportunity to look at some of them at which point, Mr. Altieri went to retain the file. Councilman Chapin went on to say that one of the reasons the property was sold was because a stone wall would be quite expensive, possibly about $50,000. Councilwoman Silverstone stated that she also recalled a stone wall. Mr. Maker then remarked that since there is ,a contract there is an obligation to perform and that Mr. Trachtman vouched for the integrity of the of the proposed wall and he had estimated that the cost for a stone wall would be 22 times higher. Supervisor Battalia responded that she was unaware that a stone wall was considered by the Planning Board. At this point Mr. Altieri returned and informed the Board that the material was ultimately to be decided by the consulting engineer, and they were asked to submit estimates for concrete and timber. He concluded that_when the contract was negotiated, the Board approved it and Section 27 indicated that the wall will be constructed adjacent to Jefferson Street, at such height and such materials as the Town's consulting engineer advises. Thereafter, Councilwoman Silverstone made a motion to approve authorization of the amendment with changes conditional to approval by the Planning Board. Changes were read by Counsel Lieberman, the motion was seconded by Councilman Lerman and the following resolution was adopted on a roll-call vote, which resulted as follows: Dolores Battalia VOTING aye Caroline Silverstone VOTING aye Thomas R. Amlicke VOTING aye Lawrence A. Lerman VOTING aye Stephen C. Chapin VOTING abstaining -4- NOV. 1 1987 CERTIFICATION As-Chairman of the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board at a meeting held on November 9, 1987. AMENDMENT TO SITE PLAN/SUBDIVISION APPROVAL PRESIDENTIAL HOUSING ASSOCIATES (LARCHMONT APARTMENTS) RESOLVED, that the application of the Town of Mamaroneck,as contract vendee, to modify the site plan approval previously granted Presidential Housing' Associates, contract vendor, d/b/a Garfield -Housing Corp. on May 8, 1985 ' and modified on October 8, 1986 is granted in accordance with the following terms and conditions: 1. This change eliminates the requirement of the site plan approval that Presidential Housing make certain landscaping improvements across Jefferson Street from the building under construction. 2. 21 North Chatsworth Owners Corp shall construct a parking lot and retaining wall in accordance with the plans for a timber retaining wall last revised 10/26/87 by Charles E. Elfreich (2 sheets) , with the additional conditions that the retaining wall be constructed of Wolmanized wood and be modified by planting of Virginia creeper along the top of the wall. If said wall is not constructed by , 1988, the Town shall undertake said construction and charge same against 21 North Chatsworth Owners Corp on its next tax assessment. 3. The three-foot strip between Jefferson Street and the wall shall be leveled to grade and planted with grass seed by 21 North Chatsworth or the Town of Mamaroneck. 4. Paragraph 27 in the rider to the contract of sale between the Town of Mamaroneck and 21 North Chatsworth Owners Corp shall be made a deed restriction, as follows: 21 North Chatsworth shall execute an additional agreement with the Town of Mamaroneck for the Town to provide, at its option and without obligation to the Town, emergency maintenance and necessary repair of the retaining wall in the event 21 North Chatsworth or a subsequent owner does not provide such maintenance and repair. This agreement shall provide that such expenses incurred by the Town shall be charged back to 21 North Chatsworth Owners Corp or its successors in interest on the next tax assessment. The Town shall give 21 North Chatsworth Owners Corp or its successors 30 days' written notice of the need for emergency maintenance or repair prior to the Town providing such emergency maintenance or emergency repair. Any such agreement shall be approved by counsel to the Town as to form. SANFORD A. BELL, Chairman Sworn to before me this day of , 1987. At this time the regular order of the Agenda was resumed and Item #1 under AFFAIRS OF THE TOWN was taken up. -5- V1OV. 1 8 1887 345 1. Authorization - Easement Agreement-County of Westchester The Administrator reported that the County of Westchester will begin the installation of a sanitary sewer main within the Town's Unincorporated Area in March of 1988, and introduced a proposed easement agreement whereby the Town would allow the County use of land_adjacent _to the Sheldrake River for the sewer project. He concluded that he and the Town Attorney I III reviewed the easement agreement and had two changes which he described. Councilman Amlicke questioned the agreement and stated that it did not clearly explain the hold harmless agreement idemnifying the Town from all claims, and it was not as broad as stated in Mr. Altieri's memo. Counsel Lieberman agreed and felt that the statement should be broader. Supervisor Battalia asked Counsel Lieberman if he could redraft and give a broader indemnification. Further discussion followed on language changes and replacement of trees and preservation of the area. Councilman Lerman emphasized the' fact that the area should not be subject to major destruction and that the agreement should clearly state that it be returned to its original condition. After further discussion and changes made by Counsel Lieberman, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute an easement agreement between the Town of Mamaroneck and the County of Westchester for easement during the period of initial III construction on premises known as Section 2, Block 220, part of Lot 212 on the Tax Assessment Map of the Town of Mamaroneck, and terminating one year after completion of initial construction. 2. Revision of Westchester Joint Water Works Resolution The Administrator explained that the Board had authorized at the October 21st Town Board Meeting, a resolution to allow expenditure of up to $3,000 to Westchester Joint Water Works when it is necessary to replace a hydrant using the old feed system to the more efficient new_system. However, he noted, the original request was for $3,500. Thereafter, on motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the Administrator to execute approval for an expenditure of up to $3,500 for the upgrading of fire hydrants within the Town of Mamaroneck by the Westchester Joint Water Works. -6- NOV. 1 £31967 346 4. Authorization - Transfer of Funds-Larchmont Reservoir Supervisor Battalia introduced Dr. C. Alan Mason who asked that the Town authorize the transfer of funds to take care of the Town's portion of the automation of the control valve at the Reservoir. Councilman Chapin asked how long it would take and Dr. Mason responded that they would like to have it by Spring. Dr. Mason also clarified that he had made a presentation to the Village of Larchmont Board and they were very receptive. Supervisor Battalia commented that Dr. Mason has yet to appear before the Village of Mamaroneck Board but that she had called Mr. Fraioli and made a formal request that it be put on their agenda. Mr. Altieri mentioned that after discussion on the best way to handle this matter, it was decided that the Friends of the Reservoir would contract for the installation of the valve and there would then be a letter of agreement between the Town and the Friends of the Reservoir that they turn over to the Town the mechanism, once it is complete. Supervisor Battalia noted that for_the Board's protection, this authorization be subject to endorsement by the Village of Mamaroneck. Thereafter, on motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to transfer funds into the Environmental Control account to cover the cost of the actuator and control unit in the • amount of $5,000; and be it further RESOLVED, that this transfer be carried out subject to endorsement by the Village.. of Mamaroneck,_ and.with. the balance of cost to be borne by the Friends of the Reservoir. At this time the order of the Agenda was changed and Item #6 under AFFAIRS OF _THE TOWN_was taken up. _ 6. Authorization - Urban County Application The Administrator enumerated the projects considered by the Board during the work session held to discuss the Urban County Program and application to submit on behalf of the Town. He explained that the Board had considered Phase II as one of the more important projects for the Town. Supervisor Battalia asked what the deadline would be and the Administrator responded that it was January. Councilman ' Lerman asked what ideas they might be interested in, to which Mr. Altieri answered that they were interested in housing projects, low and moderate income housing and applications for rehabilitation of such housing, and that they wanted application based upon projects that involve citizen participation. Discussion followed among the Board members with regard to working with the Village of Larchmont on this project and -7- NOV. 1 8 1987 347 Supervisor Battalia suggested that we make it our project. Councilman Lerman emphasized that we resolve to make it our project and hope for the possibility of joining with the Village of Larchmont, but that right now this is our project and we will go into it. Thereafter, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Town Board hereby authorizes the Town Administrator to prepare the Urban County Block Grant Application to seek funding for the recommendations of Phase II of the Master Plan study to improve the commercial district in the Unincorporated Area on the Boston Post Road of the Town of Mamaroneck. At this time the regular order of the Agenda was resumed and Item #5 under AFFAIRS OF THE TOWN was taken up. 5. Proposed Resolution - Mamaroneck Valley Sewer Plant Supervisor Battalia stated that she had received a request from County Legislators Keane and Pierro that the Town Board endorse a resolution that was previously adopted by the III County Board of Legislators, with respect to federal funding to upgrade the Mamaroneck Sewer System. She stated further that following the County's prolonged attempts to be exempted from the federal order to upgrade to full secondary treatment, the proposed funding has changed from an outright grant to a loan which will be burdensome to the sewer district. Councilwoman Silverstone expressed concern that the County has yet failed to sign the Federal Consent order and moved to change the following resolution with the first RESOLVED to read "the Town Board of the Town of Mamaroneck," and seconded by Councilman Lerman, the following resolution was unanimously adopted: WHEREAS, the County of Westchester is in the process of upgrading the Mamaroneck Sewer District treatment plant so as to include federally-mandated secondary treatment, and WHEREAS, this project was undertaken with the understanding that federal funds would be available to pay the majority of the upgrading costs, and WHEREAS, anticipated federal funds amount to $84 million of the $116 million total project cost, and -8- Kov. 1 81987 348 WHEREAS, New York State is currently considering opting into an alternative federal funding mechanism under the Clean Water Act of 1987, and WHEREAS, this option would result in loans for the upgrading of sewer plants in New York State, rather than outright grants, and WHEREAS, the payback of an $84 million loan by the Mamaroneck Sewer District would quadruple the property taxes of the approximately 17,000 taxpayers of the Mamaroneck Sewer District, and WHEREAS, such an increase would present a profound financial hardship for these taxpayers, and WHEREAS, this increase can be avoided if New York State continues to adhere to the current federal funding formula of outright grants for sewer improvement rather than opting into the newly-available loan program, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Mamaroneck hereby requests that the State of New York continue with the present funding formula of grants under the federal Clean Water Act, and that it not opt into the newly- offered formula which would result in loans, rather than grants, for sewer upgrading projects, and be it further RESOLVED, that copies of this resolution be forwarded to the Governor, to the Lieutenant Governor, to the Speaker of the Assembly, to the President Pro Tem of the Senate, to all of Westchester's representatives in the Senate and the Assembly, to Westchester's representatives in the United States Senate and House of Representatives, to the federal Environmental Protection Agency, to the New York State Department of Environmental Conservation, to the Assembly Committee on Environmental Conservation, and to all other such persons and organizations that the Clerk of the Board shall determine to be appropriate in order to effectuate the purposes of this resolution. 7. Salary Authorizations - Recreation Pursuant to a memo from William Zimmermann, Superintendent of Recreation and on motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously RESOLVED, that as provided for in the 1987 Town Budget, authorization is hereby granted for payment of salary to the following: -9- 40V. 7 E1T61 349 Michael Carrello, Recreation Assistant, Men's Basketball, $30/session, effective retroactive to 10/22/87; Kathleen Trezza, Recreation Assistant, Men's Basketball, $12/session, effective retroactive 10/29/87; Kristin Rainaldi, Assistant Swim Team I 111 Coach, Hommocks Pool, $5/hour, effective retroactive 11/4/87; Debi Ciripompa, Skating Instructor, Hommocks Ice Rink, $10/hour, effective 11/15/87. 8. Set Date for Public Hearing - Proposed Dumping Law On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby sets December 2, 1987 as the date for a Public Hearing on a proposed Local Law concerning dumping of rubbish and discarded materials on various properties of the Town; 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. At this time the Supervisor brought up the subject of changing the date of the Town Board Meeting from Wednesday, December 16th to Tuesday, December 15th in observance of Chanukkah, Some discussion followed, after which it was decided to leave the meeting date as is. WRITTEN_COMMUNICATIONS ORAL COMMUNICATIONS There were no written communications to come before the Board at this time. No one wished to address the Board at this time. THE TOWN CLERK Regular Reports The Town Clerk submitted:_the Report of the Clerk's Office for the month of October. -10- NOV. 1 8 1987 350 THE._SUPERVISOR No Reports REPORTS OF THE COUNCIL Councilman Amlicke mentioned that all Board members had seen a letter from Ira Birnbaum to Joe Fraioli and that Ira was telling us that rates are to increase. He added that he thought there were some negotiations. Supervisor Battalia responded to Councilman Amlicke that there were no negotations since this was approved by the House and Senate. Councilman Amlicke asked if Mr. Altieri could question Ned Purves as to whether this is a legal increase. Councilwoman Silverstone requested that the minutes of tonight acknowledge the resignation of Wally Irwin of the Coastal Zone Management Commission, and acknowledge also his many years of service. She made a motion on this acknowledgement, which was seconded by Councilman Amlicke and unanimously approved. ADJOURNMENT There being no further business to come before the Town Board, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously declared that this Board adjourn at 10:00 p.m. Patricia A. DiCioccio Town Clerk -11-