Loading...
HomeMy WebLinkAbout1978_10_04 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 4, 1978, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 P.M. ROLL CALL Present: Supervisor Vandernoot Councilman McMillan Councilman Perone Absent: Councilman Bloom Councilman DeMaio Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer Mr. Kronenberger - Superintendent of Recreation NOT ON AGENDA The Supervisor acknowledged the presence of Deputy Mayor Angelo C. Mustich and Trustee Gary D. Bastian from Mamaroneck Village who both addressed the Town Board urging continued support of the Village's coterminous effort. A brief discussion ensued in which the Town's support was reiterated by the Supervisor and Councilman Perone. Mrs. Margaret Schultz added that the League of Women Voters also is in favor of Mamaroneck Village's independence. PUBLIC HEARING: Application for Special Permit - BP Oil Inc. On motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that this public hearing be and it hereby is declared open. The Clerk presented the Affidavits of Publication and Postinh of the Notice of Hearing for the record and read into the record said Notice at the request of the Supervisor. Mr. Vandernoot then read into the record portions of the memorandum addressed to the Town Board by the Planning Board under date of August 28, 1978 which was ordered received and filed as part of the record of this meeting. The Supervisor then asked the Board whether there were any questions or comments and since there were not, stated that first those in favor, then those opposed to the application would be heard, and the following persons then addressed the Board speaking in favor of the application: Edward Dicker, Attorney for BP Oil Inc. reviewed the application from • its previous presentation to the Board to the present and explained the changes in the application and the reasons for such changes. He further went on record as requesting the Board's permission for the hours of operation to be from 6:00 A.M. to 12:00 midnight. -1- Rudolph P. Marciano, Site Manager for BP Oil Inc. explained that portion of the application relative to the lighting and answered specific questions posed by Councilman Perone about the trees and landscaping. He too urged the Board in his presentation to extend the closing time to 12:00 midnight. Joseph Fumar and Mrs. Mary Telesco both residents of Dillon Road spoke against the application citing gasoline fumes and the amount of time the station would be opened. Mr. Angelo Cianciulli of 4 Dillon Road, Town wished to go on record as claiming a portion of the property that BP plans for the gas station and was advised by the Board that subject was not relevant to this hearing. The discussion again turned to the matter of the hours of operation with each member of the Board individually expressing his reasons for keeping the closing time to 10:00 P.M. and thereupon on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. On motion by Councilman Perone, seconded by Councilman McMillan, the following resolution was adopted by unanimous vote of the Board: WHEREAS, Rudolph P. Marciano, agent for British Petroleum Oil, Inc. filed on July 3, 1978 an application for a Special Permit under Article V Section 89-28 Sub. Section B(1) so as to demolish the existing gasoline filling station and garage facilities situated at Block 504 Parcels 101 and 121, said property being also known as 2515 Boston Post Road, Town of Mamaroneck, so as to permit the erection of a new building and appurtenances for the purpose of selling gasoline only and in addition applied for a variance from the Building Code of the Town of Mamaroneck so as to permit ornamental lighting about the facia of the canopy; and WHEREAS, a public hearing on this application was held by the Town Board of the Town of Mamaroneck at its regular meeting had on October 4, 1978, after due notice by publication in the Daily Times; and WHEREAS, at said hearing the recommendations of the Town of Mamaroneck Planning Board in accordance with Article IX of the Zoning Ordinances of the Town of Mamaroneck were read and received into the minutes of the Town Board hearing; and further WHEREAS, Edward Dicker, Esq. of the firm of McGoey & Martirano, Esqs. of 301 North Avenue, New Rochelle, New York, appeared on behalf of the applicant; and WHEREAS, adjoining neighbors were heard in opposition mainly as to the proposed hours of operation; NOW, THEREFORE, BE IT -2- RESOLVED, that the application be and the same is hereby granted only to the following extent and upon the following conditions, namely: 1. that the applicant be allowed to erect a new gasoline station in accordance with the plans now on file with the Building Inspector of the Town of Mamaroneck; 2. that the illuminat4d canopy will be permitted only as to three sides, namely; Boston Post Road, westerly and easterly sides, and if more lighting is needed, that spot lights be used in the rear; 3. that the landscaping is to be done in conformity with the plans now filed with the Building Department; 4. that the applicants construct the proposed retaining wall and trash enclosure pen as shown on the approved plans dated September 8, 1978; 5. that the hours of operation shall be from 6:.00 A.M. to 10:00 P.M. ; 6. that a Building Permit be obtained within a period of three (3) months of the date of adoption of this resolution and that the building permit shall be void unless construction is started with a period of six (6) months and completed within one (1) year of the date of the adoption of this resolution. The Supervisor and individual Board members wished the applicants a successful operation of their business. SPECIAL RECOGNITION - Mrs. Maxine K. Steffens Supervisor Vandernoot stated that it is with pleasure that this Board recognizes someone who has been a great asset to the Town and has given a tremendous amount of time and effort in order to make the Town a better place to live and on behalf of the Board and all of the residents of the Town of Mamaroneck, the following resolution of tribute, being duly moved and seconded, was unanimously adopted, to-wit: WHEREAS, Mrs. Olney R. Steffens, a member of the Town of Mamaroneck Recreation Commission since January 18th of 1956 and its Chairman since January 1st of 1978, has tendered her resignation. and WHEREAS, during the twenty-two years she has served on the Commission, she has given unstintingly of her time, particular knowledge of the community, and exceptional expertise, and -3- { WHEREAS, Maxine played a major part in the development of our Town-wide recreation which has been widely recognized by the State and County for its diversification including year-round youth and adult athletic programs and which won national recognition upon the inauguration of the second municipal sailing program in the United States, NOW, THEREFORE, BE IT RESOLVED, that this resolution is written in tribute to her and that this Board with great pleasure names - Mrs. Maxine Steffens Member Emeritus. Recreation Commission of the Town of Mamaroneck and be it further RESOLVED, that this resolution is presented to her with the Board's appreciation and sincere thanks and its hearty congratulations to her for her unique and lasting contributions to recreation in our community throughout the years of her singular service to the Town and all its residents. Upon being presented with the honorarium plaque by Supervervisor Vandernoot, Mrs. Steffens noted that it had been a privilege and a pleasure serving this community for so many years, adding that she enjoyed every minute of it and that she appreciated the cooperation afforded her in the performance of her duties. APPROVAL OF MINUTES The minutes of the regular meeting of January 18, 1978 and September 6, 1978 were presented and on motion by Councilman McMillan, seconded by Councilman Perone, approved as submitted. it BUSINESS NE SS 1. Resolution - Continuation in Westchester County Municipal Purchasing Program Pursuant to Mr. Vandernoot's presentation of the letter addressed to him under date of September 13, 1978 by Vincent R. Castaldo, Administrator of General Services, herewith ordered received and filed, on motion by Councilman Perone, seconded -by Councilman McMillan, the following reso- lution was unanimously adopted: WHEREAS, by Act No. 49-1976, the County Board of Legislators authorized the County Purchasing Agent to act as Purchasing Agent for any city, town, village, school district or other unit of local government within the County of Westchester, provided that said unit of local government by act, ordinance or resolution authorizes the County Purchasing Agent to act as its Purchasing Agent for items purchased by the County, and empowering designated officers and employees to sign requisitions, and further directing -4- the proper official of local government to audit and pay County bills for the cost of County services within thirty (30) days after the receipt of said bill by the local government, and further authorizing the proper official of the local government to provide the County with such insurance coverage as may be re- quired by the County's Director of Risk Management; NOW, THEREFORE, BE IT II III RESOLVED, that the County Purchasing Agent is hereby authorized to act c as Purchasing Agent for the Town of Mamaroneck for the period from October 1, 1978 to December 31, 1979; and be it further RESOLVED, that the Town Comptroller and Deputy Comptroller are hereby authorized and directed to audit and pay County bills for the cost of County services within thirty (30) days after receipt of said bill; and be it further RESOLVED, that the Town Comptroller and Deputy Comptroller are hereby authorized to secure and to provide to the County of Westchester any and all insurance required by the County's Director of Risk Management, in accordance with County Act No. 49-1976. 2. Authorization - Youth Service $ Recreation State Aid Application Following some discussion in which Mr. Kronenberger, Recreation Superin- tendent explained the reasons for the application and clarified the basis on which the application will now be handled by the County of Westchester, on motion by Councilman McMillan, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board hereby authorizes the Supervisor to execute the Youth Service and Recreation Project Application and submit to the County of Westchester by October 6, 1978 for the period from January 1, 1979 through December 31, 1979. 3. Set Date for Public Hearing - Special Permit Auto Repair Shop Supervisor Vandernoot presented a memorandum addressed to the Town Board by the Planning Board under date of September 29, 1978, herewith ordered received and filed, recommending approval of the above-mentioned appli- cation with certain conditions, and following his notation that the conditions would be made a part of the record of the hearing, on motion by Councilman McMillan, seconded by Councilman Perone, it was unanimously RESOLVED, that a public hearing will be held by this Board at its next regular meeting of Wednesday evening, October 18, 1978 in the Auditorium or Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, for the purpose of considering the application of Mr. Gaetano -5- Acocella for a special permit so as to allow the use of the existing two car garage as an auto repair shop located at 635 Fifth Avenue; and be it further RESOLVED, that the Clerk and she hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, the Notice of said hearing as required by law. 4. Engineer's Request re Agreement with City of New Rochelle • Pursuant to presentation of the memorandum addressed to the Board by the Town Engineer under date of September 28, 1978, herewith ordered received and filed, and following the Town Attorney's notation that he had spoken to the Attorney for the City of New Rochelle who had clar- ified the circumstances, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes the Supervisor to enter into an agreement with the City of New Rochelle permitting a drainage system connection to be constructed by the Town of Mamaroneck in Shadow Lane to the existing City drainage system in Spencer Drive East subject to the provisions of the letter addressed to Charles R. Elfreich, P.E. , Town Engineer under date of September 27, 1978 by Maxwell E. Charat, Corporation Counsel for the City of New Rochelle. 5. Report of Bids - Shadow Lane - Storm Drains The Town Engineer's memorandum enumerating the bids and recommending award thereof, addressed to the Town Board under date of September 28, 1978 was herewith presented and ordered received and filed. Following some discussion, on motion by Councilman McMillan, seconded by Council- man Perone, it was unanimously RESOLVED, that this Board hereby accepts the bid of the low bidder, namely Manny Equipment, Inc. in the amount of $16,368.00 for the Shadow Lane Storm Drain Improvement. 6. Report of Bids - Fuel Oil In accordance with the memorandum addressed to the Town Board under date of October 2, 1978 by Carmine A. DeLuca, Comptroller, on motion by Councilman Perone, seconded by Councilman McMillan, it was unan- imously RESOLVED, that this Board hereby accepts the bid of the low bidder, namely Lawrence Heat and Power in the amount of .421 cents per gallon for fuel oil #2, said bid to cover the period January 1, 1979 through May 31, 1979. -6- II NEW BUSINESS 1. Authorization - Payment & Moving of Hydrant #2153 - Stratford Road A letter addressed to Supervisor Vandernoot by John G. Hock, P.E. , Manager of the Westchester Joint Water Works under date of August 15, 1978 was herewith presented and ordered received and filed. Thereupon, on motion by Councilman McMillan, seconded by Councilman Perone, it was unanimously RESOLVED, that this Board hereby authorizes payment to the Westchester Joint Water Works, not exceeding $1,920.00, for the replacement of Hydrant #2153 located on Stratford Road in the Town of Mamaroneck. 2. Application and Plans for Special Permit - Winged Foot Golf Club Pursuant to the memorandum dated October 2, 1978 addressed to the Town Board by William Paonessa, Building Inspector, herewith ordered received and filed, relative to the application submitted by Winged Foot Holding Corporation requesting a special permit to construct an addition to the Clubhouse, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that. this Board hereby refers to the planning Board for its study and recommendations the application submitted by Winged Foot Golf Club Holding Corp. for a special permit to construct an addition to their Clubhouse. 3. Set Date for Public Hearing - Dredging - Little Harbor Sound Following Supervisor Vandernoot's presentation of a memorandum addressed to the Town Board by Charles Elfreich, Town Engineer, under date of October 4, 1978, herewith ordered received and filed, and his review of the background of the project comtemplated by the Little Harbor Sound Association and pursuant to some discussion in which Ronald Barnes, a resident of Hommocks Road addressed the Board, on motion by Councilman McMillan, seconded by Councilman Perone, it was unanimously RESOLVED, that during a regular meeting of this Board on Wednesday evening, October 18, 1978 at 8:15 P.M. in the Auditorium or Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, a public hearing will be held for the purpose of considering the proposal of the Little Harbor Sound Association; and be it further RESOLVED, that the Clerk be and she hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, the Notice of said hearing as required by law. -7- 4. Salary Authorizations: a) Recreation Upon presentation by the Clerk of memoranda addressed to the Town Board. by the Superintendent of Recreation under dates of September 20 and 27, 1978, herewith ordered received and filed, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that as provided for in the 1978 Town Budget, this Board hereby authorizes the persons listed here below be compensated in the amount stated and effective on the date specified for each: Name Position Compensation Effective Rate Date Marie Fernandes Sr. Rec. Leader, Compet. Gymnastics $20/session 9/15/78 Richard Owen Sr. Rec. Leader; Compet. Gymnastics p ym $25/session 9/15/78 Thomas Auchterlonie Sr. Rec. Leader, Gymnastics $10/hour 9/30/78 Marie Fernandez Sr. Rec. Leader, Gymnastics $10/hour 9/30/78 (substitute) Richard Owen Sr. Rec. Leader, Gymnastics $10/hour 9/30/78 Robert Leitner Rec. Assistant, Gymnastics $25/session 9/30/78 Carrie Lightfoot Rec. Assistant, Gymnastics $25/session 9/30/78 Susan Pelleriti Rec. Assistant, Gymnastics $25/session 9/30/78 Daniel Carr Rec. Attendant Memorial Park $2.50/hour 9/16/78 John Murphy Life Guard Hommocks Pool $2.50/hour 9/20/79 Michael Yans Sr. Rec. Leader, Tennis $8.00/hour 9/30/78 Judith Allinson Rec. Assistant Tennis $5.00/hour 9/30/78 William Reilly Sr. Rec. Leader, Open House Program $30/session 10/6/78 Richard Owen Sr. Rec. Leader, Open House Program $24/session 10/6/78 Richard Rella Sr. Rec. Leader, Open House Program $24/session 10/6/78 Susan Irwin Rec. Assistant Open House Program $3.00/hour 10/6/78 Mercedes Yans Rec. Assistant, Special Ed. Program $20/session 10/7/78 Cindy Ferro Rec. Assistant, Swim Instructions $18/session 10/7/78 Michele Parini Rec. Assistant, Swim Instructions $18/session 10/7/78 -8- b) Assistant Maintenance Man - Police Dept. Pursuant to memorandum addressed to the Board under date of September 15, 1978 by the Police Chief, herewith presented and ordered received and filed, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes that 'Mark Zimmerman, 42 Elkan Road, Town be engaged as Assistant Maintenance Man to assist Ben Seagraves and be compensated at the rate of $3.50 per hour effective September 18, 1978 and terminating September 29, 1978. Supervisor Vandernoot explained that an emergency situation had arisen which necessitated the need for some assistance for Ben Seagraves prior to this meeting. 5. Comptroller's Request - Authorization re Journal Entries Pursuant to presentation of the Comptroller's memorandum under date of October 2, 1978, herewith ordered received and filed, and following an explanation by Mr. DeLuca, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously. RESOLVED, that this Board hereby authorizes the Comptroller to make journal entries in order to appro- priate surplus and excess revenues within the 1978 Budget as follows: Appropriation of Surplus: Federal Revenue Sharing, General Town - $ 9,000. Highway Fund, Item No. 4 - 20,000. Excess Revenues II Federal Revenue Sharing, General Town - 10,000. General Fund, General Town (CETA) 9,095. General Fund, General Town, Anti- recession (Federal) 15,160. THE TOWN CLERK Regular Reports The Clerk presented the following reports which were herewith ordered received and filed: Report of the Town Clerk for the month of September 1978 Report of the Building and Plumbing Inspector for the month of September 1978. THE SUPERVISOR 1. Report - Flood Control Supervisor Vandernoot reported that Councilman Perone, Dr. Alan Mason and himself had made the trip to Washington, D. C. to urge the rein- statement of the Upper Sheldrake flood control project into the federal -9- flood control assistance bill, and noted that although they were treated cordially and were told they presented a good case, they were unsuccessful in getting the funding. Some discussion followed in which it was pointed out that the Town intends to file an application with Urban County for a project which will include a portion of the proposal which was rejected by the Army Corps of Engineers. 2. Report - Grant re Publishing of Town Records Mr. Vandernoot reviewed the circumstances relative to the discovery that this Town has some of the oldest records in the State of New York and former Supervisor Christine Helwig's idea to reproduce these records and made reference to the resolution adopted by this Board in April of this year relative to the Larchmont Library's application for state funding for this project. He further noted that Dr. Mary English is continuing to work on the project and that he will give a progress report from time to time. 3. Announcement - Budget Calendar Supervisor Vandernoot presented for the record the following budget calendar schedule relative to the 1979 Town Budget adoption process and explained that it was in order for the Board to set a date for it the first of two public hearings relative to the revenue sharing funds and thereupon on motion by Councilman McMillan, seconded by Councilman Perone, it was unanimously RESOLVED, that a public hearing will be held by this Board at its next regular meeting of Wednesday evening, October 18, 1978 in the Auditorium or Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, for the purpose of considering the proposed uses of Federal Revenue Sharing Funds during the Budget Year 1979; and be it further RESOLVED, that the Clerk be and she hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, the Notice of said hearing as required by law. October 18th Public Hearing - Proposed Use F.R.S. October 19th Meeting with Property Owners Association Supervisor's Office - 10:00 A.M. October 30th File Tentative Budget with Town Clerk November 1st Clerk submits Tentative Budget to Town Board November 15th Set Date for Public Hearing (Copies available no later than Nov. 28th) December 6th Public Hearing on Preliminary Budget and F.R.S. _- December 20th Adoption of Budget -10- 4. Report - Inventory of Highway Machinery, Tools & Equipment A copy of a letter addressed to the County Department of Transportation Facilities by William T. Aitchison, Superintendent of Highways under date of October 3, 1978 submitting the inventory of Highway Machinery, Tools and Equipment as of October 2, 1978 was herewith presented and ordered received and filed. THE COUNCILMEN Mr. McMillan 1. Appointments to Narcotics Guidance Council Following Mr. McMillan's review of the recent resignations of Rev. Gary Hall and Joseph Downey and his presentation of the qualifications of the two persons recommended to fill the vacancies on the Narcotics Guidance Council Board of Directors, on his motion, seconded by Councilman Perone, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck hereby approves the appointment of Rev. Peter M. Colapietro and Joseph Markowitz as members of the Board of Directors of the Narcotics Guidance Council to fill the vancancies created by the resignations of Rev. Gary Hall and Joseph Downey provided a similar resolution is adopted by the Village of Larchmont since Mamaroneck Village has already approved the appointments. 2 Not on Agenda - Raccoons In reviewing the problem of raccoons as he had done at the previous Town Board meeting, Mr. McMillan recounted the numerous telephone calls he had received as the result of his public appeal. He further noted that in his efforts to investigate the problem, he has found that information about the animals is very scarce. He suggested that a group be formed to study the situation and stated that he would ask for authorization at a future meeting to empanel such a group. NOT ON AGENDA Mr. Perone Councilman Perone brought to attention the recent passage by the State Legislature of the Co-op Conversion and following his review of the piece of legislation, he indicated that he would present a proposal to this Board at the next meeting for the apartments in the Unincorporated Area to be brought under control of the state plan. THE TOWN ATTORNEY 1. Authorization - Engage Expert Real Estate Appraiser re Sarah Neuman Certiorari Town Attorney, James J. Johnston requested the Board's approval to engage Eugene Albert as the appraiser for the purposes of the above mentioned certiorari which has been set down for trial on November 10, 1978 -11- Following some questions from the Board, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that the Town Attorney be and he is hereby authorized to engage the services of an expert appraiser, Eugene Albert, in connection with the Sarah R. Neuman Foundation Tax Certiorari proceedings at a cost of $4,800.00 for the initial appraisal report; $50.00 per hour for trial preparation; and $500.00 per diem for courtroom appearances, said fees to be divided among the Board of Education, the Village of Mamaroneck and the Town of Mamaroneck. NOT ON AGENDA Some discussion followed Margaret Shultz' question to the Board relative to a notice she had seen in the local newspaper about hauling of garbage for the Joint Garbage Commission. Supervisor Vandernoot answered by stating that it had nothing to do with any change in the pick up arrangements and more information would be forthcoming once some figures are available. Over the strong objections of Councilman Perone, Mrs. Berlin, Town Democratic Chairman, read a report from Assemblyman Ryan who was unable to attend tonight's meeting. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:45 P.M. , to reconvene on October 18, 1978. THE 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 Upon presentation for authorization of payment by Commissioner McMillan and on his motion, seconded by Commissioner Perone, 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. $ 294.65 Benders Building Materials Co. 16.00 Stanley Bonderenko 1,030.00 R. G. Brewer, Inc. 27.45 Dri-Chem Extinguisher Corp. 116.50 Elgene Chemicals Inc. 172.50 Excelsior Garage & Machine Works 602.11 Ralph Condro 77.50 Exterminating Services Co. 30.78 -12- Fairmount Automotive $ 54.95 Larchmont Auto Parts 23.80 Larchmont Hardware 95.14 Anthony Librandi . 15.00 Larchmont Paneling Center 8.63 McGuire Bros., Inc. 22.00 New Rochelle Dodge 89.99 Palmer Landscaping & Bldg. 15.30 Palmer Garden Center 18.70 Signacon Controls, Inc. 27.50 Village Paint Supply Inc. 9.97 William Smith Supplies, Inc. 59.50 $2,807.97 2. Reports There were no reports to come before the Commission. 3. Other Business There was no other business to come before the Commission at this time. ADJOURNMENT There being no further business to come before the Fire Commission, on motion duly made and seconded, it was declared adjourned at 9:47 P.M. , to reconvene on October 18, 1978. Town Clerk -13-