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HomeMy WebLinkAbout1980_05_07 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD- . OF THE TOWN OF MAMARONECK, HELD ON THE 7th DAY OF MAY, 1980; IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. ROLL CALL Present: Supervisor Goldsmith Councilman Bloom Councilman McMillan Councilwoman IVlonsell Councilman Amlicke Absent: None Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer PUBLIC HEARING - Application for Special Permit On motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that the Public Hearing • concerning the application of the 178 Myrtle Boulevard Corporation be and it hereby is declared open. The Clerk then presented the Affidavits of Publication and Posting of the Notice of Hearing for the record, and Coun- cilwoman Monseil noted for the record that she would not participate in the discussion relative to the application since her husband is a member of the firm representing the applicants and that she would abstain from voting. A great deal of discussion followed during which Mr. Joseph iv►innitti, Attorney for the applicants, reviewed the memo- randum in support of the application and described the past, present, and proposed future of the premises - especially noting that only mechanical repairs are to be done on the site. Questions posed by members of the Board were answered rel- ative to the size of vehicles to be repaired, whether any out- side work would be done, if gasoline will be sold, whether there were any changes i-n the building structure, and the ex- tent of fumes. • -1- L, Mr. Donald La Sala then addressed the Board and referred to his letter of April 15th, 1980, which all members of the Board had received, voicing opposition to the application. After fur- ther comments by Mr. Perciasepe who clarified past repair work on the premises and Mr. Padula who will be operating the repair business, on a motion by Councilman Bloom, sec- onded by Councilman McMillan, it was unanimously RESOLVED, that the Public Hearing be and it hereby is declared closed. And thereupon, on motion by Councilman Bloom, seconded by Councilman McMillan, the following resolution was adopted by majority vote of the Board with Councilwoman Monsell abstain- ing from voting: WHEREAS, the 178 Myrtle Boulevard Cor- poration has submitted an application and accompanying plans so as to be allowed to make alterations to the former Gasoline Station building for the. Service and Repair of automobiles and the use of the said prem- ises for such purposes on property located at 178 Myrtle Boulevard and known as Block 133 - Parcel 627 on the Assessment Map of the Town of Mamaroneck; and WHEREAS, the said application and plans are subject to a Special Permit pursuant to Article IX, Chapter 89, Sections 48- 52 of the Zoning Ordinance of the Town of Mamar- oneck; and WHEREAS, the application has been duly re- ferred to the Planning Board for study and recommendations; and - i WHEREAS, the Planning Board has recom- mended approval of the application; and WHEREAS, a Public Hearing was duly called by this Board for this meeting pursuant to the aforesaid Sections of the Zoning Ordinance; and -2- WHEREAS, this Board has examined the . plans, specifications and application and finds that the conditions and standards re- quired by the Zoning Ordinance for Special Permits have been met; NOW, THEREFORE, BE IT RESOLVED, that pursuant to the recom- mendation of the Town of Mamaroneck Planning Board, the application of 178 Myrtle Boulevard Corporation for a Special Permit so as to be allowed to make altera- tions to the former:Gasoline Station for the Service and Repair of automobiles, is hereby granted so that upon completion of the altera- tions, the premises may be used for the fore- going purposes, and the Building Inspector is authorized to issue a Special Permit for the alterations as shown on the plans accompanying the application, provided that the proposed al- terations conform in all respects to the terms of the application and of the Special Permit so that upon completion the premises may be used for the foregoing purpose; and it was further RESOLVED, that the within permission is granted upon the condition that a Building Per- mit be obtained within a period of three (3) months from the date of the adoption of this resolution; that construction be started within a period of six (6) months from the date of the issuance of said Building Permit, and com- pleted within a period of one (1) year from the date of issuance of the Permit. OLD BUSINESS 1 . Request of Paul Charlap - Application re Helicopter Landing (Referral to Planning Board) Councilman Bloom referred to the above captioned agenda item concerning the application by Mr. Charlap. He stated that the reason for the application being on tonight's agenda was merely for referral to the Planning Board and that any further consid- eration would be given after its recommendations have been received. Whereupon, on his motion, seconded by Council- woman Monsell, it was unanimously RESOLVED, that this Board hereby refers to the Planning Board for its review and study and report back to the Town Board the application of E. Paul Charlap relative to helicopter landing. -3- It was further noted that the application should also be re- ferred to the Conservation Advisory Commission, and thereupon on a motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby refers to the Conservation Advisory Commission for its review, study, and report back to the Town Board the application of E. Paul Charlap relative to helicopter landing for the purpose of obtaining advice on the need for an environmental impact statement. 2. Action re Taxes on Larchmont Reservoir Property Supervisor Goldsmith reviewed the situation regarding granting the Village of Larchmont relief of the taxes on the Reservoir property since it is such a wonderful asset to this community, and noted that the Town wishes that no rad- ical changes to the property come about and wants the char- acter and use of the land to be maintained. During the dis- cussion that followed, Councilman Amlicke stated that the proposed tax relief is hopefully the first step in achieving the ultimate goal of preserving this property for our citizens now and in the future; Mrs. Shultz read a statement of the Larchmont League of Women Voters' position on the issue; Mr. Forbes, Village Attorney, made various clarifications regarding an agreement; Mrs. Piccone, Larchmont Village Trustee, spoke regarding her hopes that New Rochelle City would also abate the taxes; and James G. Johnson, Jr. , President of The Friends of The Reservoir, spoke as did Robert Barrett, Chairman of the Town's Conservation Ad- visory Commission. And thereupon, on a motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to enter into an agreement on behalf of the Town, where- by the Town taxes on the property owned by the Village of Larchmont and com- monly referred to as the "Reservoir Property" be partially abated for the year 1981 upon the condition that the character of use of said property be unchanged; and that it be understood that the abatement provided for herein shall not apply to the parcel used for private residential purposes. -4- NEW BUSINESS 6. .Variance of Provisions of the Building Code re Construction of a Metal Building - 5th Avenue At this time the Supervisor changed the order of the agenda and Look up the request for the above captioned variance and asked Mr. Forbes, Attorney for the Applicant, if he wished "! to address the Board on the matter. Mr. Forbes intro- duced Mr. Samuel Resnick, the Architect/Engineer, who described the project and indicated the building would be used mainly for office purposes and some long term storage. Following some discussion, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby varies the regulations of the Building Code as per- mitted under Chapter 14, Article IV, Sec- tion 7 so as to allow the construction of a 1 1 0 ft. x 90 ft. pre-engineered metal build- ing instead of a permitted masonry structure, as shown on the plans and specifications ac- companying the request, at 620 Fifth Avenue, Town, on property known as Block 132 - Parcel 33 on the Assessment Map of the Town of Mamaroneck. NOT ON AGENDA 1 . Financing the Repairs to the Hommocks Pool The Supervisor then addressed an item which was not on the agenda and referred to the Special Meeting held by this-Board on March 12th relative to the repairs to the Hommocks Pool. A great deal of discussion ensued with Mrs. Mary Noyer and Mrs. Marlene Koibert, members of the Board of Education, addressing the Board on the matter of the f inanCing of the re- ! pairs; the two stage versus the one stage plans; and the plan to complete the repairs by summer. Members of the Town Board also clarified certain points made at the Special Meet- ing. Prior to a resolution being offered for this Board's con- sideration, it was noted by Mrs. Noyer that in the event that the School Board would receive any financial aid, either from the State or from the Federal Government or otherwise in connection with the repairs to the Hommocks Pool, the Town would be paid back the proportion of its $45,000. contribu- tion or payment which the $45,000. would bear to the total amount expended in connection with the repair, and there- upon on a motion by Councilman Mcivliiian, seconded by Councilman Amlicke , the following resolution was unani- mously adopted: -5- WHEREAS, this Board finds that, without • a contribution by the Town of Mamaroneck to the repair work to be done on the Swim- ' ming Pool at the Hommocks School, it will be impossible to open the Pool for swim- ming this summer; and WHEREAS, the Town Council is most de- sirous of providing swimming facilities at the Hommocks Pool for the citizens of the Town this summer; NOW, THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck shall pay the sum of $45,000. toward the repair work on the Hommocks Pool so that the Pool may open for summer swimming; and it is further RESOLVED, that it is a condition of the payment herein referred to that the Pool will open for swimming on the day after the day when school closes in the spring of 1980 and that the Pool will remain open for swimming at least until the day after Labor Day 1980; and it is further RESOLVED, that it is a condition that the amount to be paid by the Town will be in- cluded in the budget for the year 1981 and will be paid out of such budget and that in the meantime the Board of Education will advance the necessary sum and such advance will be deemed a loan, interest free, from the Board of Education to the Town, said loan t9 be re- paid in the year 1981; and it is further RESOLVED, that it is understood as part of the within motion, that the $45,000. will be used together with monies provided by the School Board and that the Contract for the opening of the Hommocks Pool and for the nec- essary repair work will be given immediately. and it is further RESOLVED, that it is also understood that as a part of the within motion that the payment to be made by the Town as provided for therein -6- is conditioned upon the'iegal capability of the Town to make such payment; and it is further RESOLVED, that it is a condition of the within motion that the Board of Education will pursue with all reasonable vigor its insurance claims and other rights with re- spect to the damage at the Hommocks Pool; and it is further RESOLVED, that the Town Board, in passing the foregoing resolution, does so in recognition of the understanding and com- mitment by the Board of Education that the granting of funds does not constitute any precedent or recognition of any obligation to make funds available. NEW BUSINESS 1 . Use of Voting Machines Mamaroneck School District The Town Clerk presented the request of the School Board Dis- trict Clerk for the use of fifteen (15) Voting Machines, and thereupon on motion by Councilman Bloom, seconded by Coun- cilwoman Monsell, it was unanimously RESOLVED, that this Board hereby grants the request of the Board of Education Dis- trict Clerk for the use of Fifteen (15) Voting Machines to be used in the Annual School District Election and Budget Vote of May 21st, 1 980. 2. Salary Authorizations a) Part-time Court Clerk Following presentation of a memorandum from Judge Felton, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that Virginia Leddy, Tem- porary Part-time Clerk in the Justice Court, be paid at the rate of $3.00 per hour, effective April 25th, 1980. b) Highway Department Laborer The Superintendent of Highways' memorandum was presented and on motion by Councilman McMillan, seconded by 'Counci l- woman Monsell, it was unanimously -7- RESOLVED, that Brian R. Soriano, Laborer in the Highway Department, be paid at the an- nual rate of $11 ,685.00, effective May 8th, 1980. c) Assessor's Office - Additional Compensation A memorandum from the Assessor was presented and following some discussion and clarifications, on motion by Councilwoman Monsell, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board authorizes that Joyce Coupe, Assistant Assessment Clerk in the Assessor's Office, be compensated for work in addition to her own duties, in the amount of $5..00 per day for each day worked between September 13th, 1979 and April the 7th, 1980. d) Recreation Following presentation of the Recreation Superintendent's mem- oranda, on motion by Councilwoman Monsell, seconded by Coun- cilman McMillan, it was unanimously RESOLVED, that this Board authorizes pay- ' ment to the following persons at the rates set forth and effective dates as listed below: Edward Bender, Rec. Attendant, Memorial Park - $2.50 pr.hr. , effective 4/26/80. Jonathan Zierk, Rec. Attendant, Memorial Park - $2.50 pr. hr., effective 4/26/80. David C. Katz, Rec. Attendant , Memorial Park - $2.50 pr. hr., for one (1) week - 4/13 - 4/20/80. William Boraczek, Rec. Attendant, Hommocks Park - $2.50 per hr. , effective 4/26/80. Christopher Mahoney, Rec. Attendant, Hommocks Park - $2.50 per hr. , effective 4/26/80. Nick Paine, Rec. Attendant, Hommocks Park - $2:50 per hr. , effective 4/26/80. Daniel Purcell, Rec. Attendant, Little League Fields - $2.50 per hr. , effective 4/21/80. 3. Application for Federal Aid - IHommocks Ice Rink The Supervisor then referred to an opportunity for the Town to apply for Federal funds in connection with the operation of the -8- it Hommocks Ice Rink, and on motion by Councilman McMillan, seconded by Councilwoman Monsell, it was unanimously ii RESOLVED, that the Town Supervisor and/or the Recreation Superintendent be and they are hereby authorized to apply for one or more Federal grants in connection with the operation and maintenance of the Hommocks Ice Rink. 4. Recommendations - Westchester Joint Water Works - Capital Improvements Supervisor Goldsmith presented a letter from Mr. Hock of the Westchester Joint Water Works and asked the Town Engineer to expound on the projects. Mr. Elfreich described each of the projects for the Board's information, and following some dis- cussion relative to priorities and manner of payment, on a mo- tion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes the Westchester Joint Water Works to install 150 lineal feet of 8-inch pipe in an easement from Highridge Road to Rockland Avenue, and 350 lineal feet of 8-inch pipe in Rockland Ave- nue from McKenna Place to Jason Lane, all at an estimated cost of $45,000. , said cost to be paid by the Town of Mamaroneck; and it is further RESOLVED, that this Board hereby authorizes the Westchester Joint Water Works to install approximately 200 feet of 6-inch pvc pipe on Lancia Lane from Avon Road to 200 feet east of Avon Road at an estimated cost of $25,000. , said cost to be paid by the Town of Mamaroneck; and it is further RESOLVED, that this Board hereby authorizes the Westchester Joint Water Works to proceed with the Joint Projects as outlined in the 1980 addendum to the Report on Required Capital Improvements. It is noted for the record that the Board did not take action on the Prince Willows Lane project. 5. Appointments Supervisor Goldsmith at this time called to the Board's atten- tion the vacancy on the Zoning Board due to the resignation of -9- li Mr. Wassman. Councilman Bloom reviewed the qualifications of Stephen K. Carr and proposed his name to fill the vacancy, as well as proposing that Andrew W. Boraczek be named Chair- man of the Zoning Board. And thereupon, on his motion, which was seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby appoints Stephen K. Carr of 9 Myrtle Boulevard, Town, as a member of the Zoning Board, to serve for the unexpired term of office of Mr. Wassman or until February the 19th, 1982; and it is further RESOLVED, that this Board hereby appoints Andrew W. Boraczek as the Chairman of the Zoning Board; and it is further RESOLVED, that both Mr. Carr and Mr. Boraczek be notified of the Board's thanks for their willingness to serve the community in these very important posts. At this time Councilman McMillan took pleasure in recommend- ing Joseph J. Sussen of 23 Winged Foot Drive, Town, as a Po- lice Commissioner, and thereupon on his motion, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby appoints Joseph J. Sussen of 23 Winged Foot Drive, Town, as a member of the Board of Police Commissioners of the Town of Mamaroneck, effective immediately and to serve at the pleasure of the Board. THE TOWN CLERK Regular Reports The Town Clerk presented the Report of the Town Clerk's Office for the month of April, 1980, and the Report of the Building and Plumbing Inspector for the month of April, 1980. NOT ON AGENDA 2. Authorization - Mrs. Monsell to attend Water Board Meetings in Supervisor's Absence Following the Supervisor's reference to his inability to at times attend Water Board Meetings, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously -10-- RESOLVED, that Councilwoman Charlotte Monsell be and she hereby is authorized to attend and to act at Meetings of the West- chester Joint Water Works Board at such times as the Supervisor is unable to attend and shall request that Mrs. Monsell attend in his place; and it was further RESOLVED, that her attendance at any such meetings prior hereto be and it hereby is authorized and approved. 3. Authorization for Comptroller to Invest Funds in Re-purchase Agreements Pursuant to Mr. DeLuca's request, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes the Comptroller, Carmine A. DeLuca, and the Deputy Comptroller, Genevieve F. Soriano, to invest funds in "Re-purchase Agreements" with the Bank of New York - County Trust Region, Mamaroneck, New York, in amounts ranging from $100,000. to $1 ,000,000. 4. Aqua Dredge Extension of Time Following Mr. Elf reich's presentation of the request by Aqua Dredge; Inc. for an extension of time for the date of comple- tion, after some discussion, on a motion by Councilman Bloom, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that as recommended by the Town Engineer, this Board hereby authorizes and ap- proves the extension of time for the completion of the Hommocks Fields Project by Aqua Dredge, Inc. to September 1st, 1980. 5. Proclamation - C.A.P. Anniversary Councilwoman Monsell made reference to the Anniversary to be celebrated by the Community Action Program on May 17th and presented a Proclamation in honor of that occasion, a copy of which is annexed hereto. -11- • P R O C L A M A T I O N WHEREAS, the Community Action Program was III established in Mamaroneck in 1965 and opened its new headquarters in April of 1970; and • WHEREAS, during all of these years, C.A.P. has been involved in many community-wide endeavors such as and including -- Turn-Key Projects-Title 1 Youth Programs Housing Projects Youth Employment Service Health Nutrition Programs Direct delivery of Social Services Alcoholism Programs and the provision of a summer camp for community youth during the past five summers; and WHEREAS, the Board, the staff, and all of the volunteers have been utterly devoted to III meeting the needs of our Community in these many areas and have given unstintingly of their time, talents, and energy to providing these extraordinary services to our citizens; NOW, THEREFORE, I, Leo Goldsmith, Jr. , Supervisor of the Town of Mamaroneck, do hereby honor and acclaim C.A.P. and all who have made it possible to establish and develop these programs--and urge our citizens to work for their continuance and participate in C.A.P. 's celebration of the tenth anniversary of the opening of its new facilities at 134 Center Avenue on Saturday, May the 17th, 1980. • Leo Goldsmith, Jr. Supervisor IIIFor the Town Council DATED: May the 7th, 1980. -lla- THE COUNCILMEN Mr. Bloom Councilman Blooms bm,itted to the Board a report with respect to an apportionment as annexed hereto, and on his motion, sec- onded by Councilwoman Monsell, it was unanimously RESOLVED, that the recommendation by the Assessor's Office in the form annexed hereto, be and it hereby is in all respects approved relative to the property located at 161 Grand Street in the Village of Mamaroneck. ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, the meeting was declared ad- journed at 10:35 p.m. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1 . Claims Commissioner Bloom presented the Fire claims for authoriza- tion of payment, and on his motion, seconded by Commis- sioner Monsell, 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: B & C Smith, Inc. $ 99.24 Con Edison 24.23 Excelsior Garage & Machine Shop, Inc. 761 .05 Exterminating Services, Inc. 11 .75 Lou Giacomo Service Center, Inc. 6.00 N. LaRussell 60.00 Lawrence Heat & Power 1 ,147.68 The New Rochelle Water Company 85.34 Rayco Car Service 45.00 Deputy Chief Richard Shaw (postage) 14.45 Richard J. Tortorella, Chief (tolls) 8.45 Westchester Joint Water Works 36.81 Wilkie Farr & Gallagher 75.00 $ 2,375.00 -12- _ . 161 Grand Street Mamaroneck • REPORT OF TAX DEPARTMENT Apportionment in accordance with Paragraph "Fifth", Section 557 of the Westchester County Admi-nistrative 'Code (Chapter 852 of the Laws of 1948 as amended) requested on property carried on. 1979-1980 the Assessment Roll of taxes of 1980 IREASON: DEED DATED - 9/15/78 Liber 7501 Page 180 DEPARTMENTAL RECOMMENDATION. • - - - SH That the property carried on the Assessment Roll of 1979-1980 taxes of 1980 TO BE APPORTIONED: BLOCK- PARCEL OWNER LAND IMPROVE. TOTAL _ 833 47 Gaetano Zagarola 3,100 13,600 16,700 BLOCK PARCEL • OWNER • LAND IMPROVE ,TOTAL- _ 833 47 Peter Zagarola 1,300 6,400 7,700 833 57 Antoinette Zagarola. • 1,800 7,200 9,000 I . • • • • ASSESSOR ACTION OF THE TOWN BOARD: Dated: May 7, 1980 At a meeting of the Town Board held he toregoirg petition was Granted (Granted or Rejected) CERTIFIED FROM THE MINUTES S . -12a- OTHER BUSINESS Commissioner Bloom then presented a communication from Ex-Chief Perciasepe relative to the examination of the Town policies covering property and liability insurance for the Fire Department. It was noted that Mr. Perciasepe and Comptroller DeLuca should confer on this matter. ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, the meeting was de- clared adjourned at 10:39 p.m. Town Clerk -13-