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HomeMy WebLinkAbout1978_11_01 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD NOVEMBER 1, 1978, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER IIIThe Supervisor called the meeting to order at 8:15 P.M. ROLL CALL Present: Supervisor Vandernoot Councilman Bloom Councilman McMillan Councilman DeMaio Councilman Perone Absent: None Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Superintendent of Highways Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer Mr. Leddy - Conservation Director APPROVAL OF MINUTES III The minutes of the regular meetings of February 1 and 15, 1978 were presented and on motion by Councilman DeMaio, seconded by Councilman Bloom, approved as submitted. PUBLIC HEARING (Adjourned) : Proposal of Little Harbor Sound Associates re Dredging Supervisor Vandernoot in reiterating some of the discussion at the last meeting, clarified for Mr. Miralia that there will be no violation of the conditions under which the land was deeded to the Town, presented a copy of a memorandum dated October 31, 1978 from the School's Adminis- trative Services; asked for the items requested by the Town Board at the last meeting and asked if anyone wished to speak further in favor or in opposition to the proposal. Mr. Pound complied with a part of the Supervisor's request and explained why the approval by the Army Corps of Engineer has not been received and answered the questions posed by members of the Board. Further consid- erable discussion ensued relative to the growing and maintaining of grass and the safety precautions of the project. Since no one else wished to be heard, on motion by Councilman DeMaio, seconded by Councilman Bloom, it was unanimously III RESOLVED, that the hearing be and it hereby is declared closed In response to the Supervisor's query as to the Board's pleasure, on motion by Councilman Bloom, seconded by Councilman Perone, the following resolution was adopted by unanimous vote of the Board, all members thereof being present and voting aye: - 1 - RESOLVED, that this Board hereby approves the request of Little Harbor Sound Civic Improvement Association, Inc. and authorizes the Supervisor to execute the Agreement be- tween the aforesaid Association and the Town of Mamaroneck pending approval of the Agreement by the Town Attorney and Town Engineer. PUBLIC HEARING (Adjourned) : Application for Special Permit - Auto Repair Shop On motion by. Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Town Clerk presented the Affidavits of Publication and Posting of Notice of Hearing and the Supervisor briefly reviewed the application and the reason for the adjournment and presented the memorandum ad- dressed to the Board by the Planning Board under date of September 29, 1978 herewith ordered_ received and filed. Both Mr. and Mrs. Gaetano Acocella spoke in favor of their application and took exception to one of the Planning Board's recommendations. Some discussion followed and since no one wished to speak in opposition to the application, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. After some further discussion on the recommendation of the Planning Board and the operation of the repair shop, on motion by Councilman Perone, seconded by Councilman McMillan, the following resolution was adopted by unanimous vote of the Board: WHEREAS, Caetano Acocella, Owner has submitted an application and accompanying plans for the use of the existing two car garage as an auto repair shop (mechanical work only) on property located at 635 Fifth Avenue, Town of Mamaroneck, known as Block 132 Parcel 643 on the Tax 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, Section 49 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, the application has been duly referred to the Planning Board for study and recommendation; Ill and WHEREAS, a public hearing was duly called by this Board for October 18, 1978 and adjourned to this meeting pursuant to the aforesaid Section of the Zoning Ordinance; and - 2 - WHEREAS, this Board has examined the plans, specifications and application and finds that the conditions and standards required by the Zoning Ordinance for Special Permit have been met; NOW, THEREFORE, BE IT RESOLVED, that pursuant to the recommendations of the Town of Mamaroneck Planning Board, the application of Gaetano Acocella, Owner for a Special Permit for the use of the existing two car garage as an auto repair shop (mechanical work only) at 635 Fifth Avenue, Town of Mamaroneck, is hereby granted and the Building and Plumbing Inspector of the Town of Mamaroneck is authorized to issue a Special Permit for the operation of an auto repair shop as shown on the plans accompanying the application, provided that the proposed use . conforms in all respects with the Building Code; the Plumbing Code; and the Zoning Ordinance of the Town of Mamaroneck; and also complies with the conditions set forth below: 1. that the building only be used for mechanical repairs; 2. all work be performed inside the garage. 3. that no new or used cars be sold or stored on the property; 4. that no junks or derelicts be parked or stored on the property; 5. that no additions or alterations be made to the present building; 6. that the property not be sold as an auto repair shop; 7. that the permit be granted for a two year period and if the applicant wants to extend the permit, he would have to reapply for another two year extension and be it further RESOLVED, that all site work shown on approved plans be com- pleted within a period of one (1) year. PUBLIC HEARING: Application for Special Permit - Winged Foot Golf Club On motion by Councilman McMillan, seconded by Councilman DeMaio, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing for the record, and the Supervisor presented the memo- randum addressed to the Board by the Planning Board under date of October 17, 1978 recommending approval of the application which was here- "' ordered received and filed. James Nolletti, General Manager of the Club spole in favor of the application and advised the Board of the Club's need for the extension. Pursuant to some discussion and since no one else wished to address the Board on this matter, on motion by Councilman Bloom, seconded by Coundil- man Bloom, seconded by Councilman Perone, it was unanimously - 3 - RESOLVED, that the hearing be and it hereby is declared closed. Thereupon, on motion by Councilman Bloom, seconded by Councilman McMillan, the following resolution was adopted by unanimous vote of the Board: WHEREAS, James Nolletti, General Manager for the Winged Foot Golf Club has submitted an application and accompanying plans for the construction of an addition to the clubhouse pro shop located on pro- perty known as Block 347 Parcel 1 (Fenimore Road) 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 X, Chapter 89, Section 62 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, the application has been duly referred to the Planning Board for study and recommendation; and WHEREAS, a public hearing was duly called by this Board for this meeting pursuant to the aforesaid Section of the Zoning Ordinance; and WHEREAS, this Board has examined the plans, specif- ications and application and finds that the conditions and standards required by the Zoning Ordinance for Special Permits have been met; NOW THEREFORE, BE IT RESOLVED, that pursuant to the recommendation of the Town of Mamaroneck Planning Board, the application of Winged Foot Golf Club for a Special Permit for the construction of an addition to the clubhouse pro shop on Fenimore Road, Town of Mamaroneck, is hereby granted and the Building Inspector of the Town of Mamaroneck is authorized to issue a Special Permit for the construction as shown on the plans accompanying the application, pro- vided that the proposed construction conforms in all respects with the Building Code; the Plumbing Code and the Zoning Ordinance of the Town of Mamaroneck; and be it further RESOLVED, that a Building Permit 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 and completed within a period of one (1) year. PUBLIC HEARING: Proposed Local Law No. 1-1978 - Increase Dog License Fee On motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously - 4 - RESOLVED, that the public hearing be and it hereby is declared open. The Town Clerk presented the Affidavits of Publication and Posting of Notice of Hearing and both the Supervisor and the Clerk detailed the reasons for the increase. Whereupon, since no one wished to be heard either in favor of or in opposition to the increase, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that this hearing be and it hereby is declared closed. And thereupon, on motion by Councilman McMillan, who noted the increase was long overdue because of the volume of work entailed in the Clerk's office, seconded by Councilman Perone, the following resolution was adopted by unanimous vote of the Board: WHEREAS, this Town Board has met on this date, at the time and place specified in the Notice of Public Hearing to consider the adoption of Local Law No. 1-1978 - Increase Dog License Fees and has heard all persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby adopt Local Law No. 1-1978 entitled "To Create a Schedule of Fees for Licensing Dogs", and that such Local Law as so adopted and herewith inserted be made a part of the minutes of this meeting: 1. Each dog harbored in the Town of Mamaroneck must be licensed to a specific adult applicant. 2. Each applicant shall pay the Town Clerk of the Town of Mamaroneck at the time of making the licensing application the following fees: (a) Five Dollars ($5.00) license fee for each male or each spayed female dog; (b) Ten Dollars ($10.00) license fee for each unspayed female dog. 3. This Local Law shall take effect immediately upon filing in the Office of the Secretary of State. and be it further RESOLVED, that the Town Clerk is hereby authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, Notice of the Adoption of the aforesaid Local Law and to post same on the Town Clerk's Bulletin Board as required by law. OLD BUSINESS 1. Authorization - Bond Resolution - Storm Drains Pursuant to the Supervisor's bried reference to the projects and his presentation of the Comptroller's memorandum addressed to the Board under date of October 16, 1978, herewith ordered received and filed, - 5 - the following resolution was offered by Councilman Bloom, who moved its adoption, seconded by Councilman Perone, to-wit: BOND RESOLUTION DATED NOVEMBER 1 1978. A RESOLUTION AUTHORIZING THE ISSUANCE OF $340,000 SERIAL BONDS OF THE THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF STORM DRAINS AT VARIOUS LOCATIONS IN SAID TOWN. BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York as follows: Section 1. The class of objects or purposes to be financed pursuant to this resolution for the Town of Mamaroneck, Westchester County, New York, is the reconstruction of storm drains, including incidental improvements and appurtenant facilities in connection therewith, at various locations in said Town. Section 2. The maximum estimated cost of such class of objects or purposes is $340,000, and the plan for the financing thereof consists of the issuance of $340,000 serial bonds of said Town, hereby authorized to be issued therefore pursuant to the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is thirty years, pursuant to subdivision 3 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years, but will not exceed fifteen years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax suffic- ient to pay -the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including re- newals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the pro- visions of the Local Finance Law. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolu- tion are not substantially complied with, - 6 - and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. Upon this resolution taking effect, the same shall be published in full in the Daily Times, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 8. This resolution is adopted subject to per- missive referendum. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Joseph F. Vandernoot VOTING Aye .,Lee H. Bloom VOTING Aye Stewart J. McMillan VOTING Aye Harry B. DeMaio VOTING Aye John M. Perone VOTING Aye The resolution was thereupon declared duly adopted. NEW BUSINESS 1. Salary Authorizations: a) Recreation Pursuant to memorandum addressed to the Board by the Superintendent of Recreation under date of October 23, 1978, herewith presented and ordered received and filed, on motion by Councilman DeMaio, seconded by Council- man McMillan, it was unanimously RESOLVED, that as provided for in the 1978 Town Budget, this Board hereby authorizes the following persons to be compensated at the rate set forth and effective as listed below: Name Position Compensation Rate Effective Date William Reilly Sr. Rec. Leader, Men's Basketball, $28/session 10/23/78 Cathy Cilento Sr. Rec. Leader, Physical Fitness $21/session 10/25/78 Cynthia Owen Rec. Assistant, Women's Physical Fitness $18/session 10/25/78 Barbary Reilly Rec. Assistant, Women's Physical Fitness $18/session 10/25/78 Larry Armstrong Sr. Rec. Leader, Open House $30/session 10/27/78 Dean Reban Sr. Rec. Leader, Open House Program $30/session 10/27/78 Lamiel Watts Rec. Assistant, Gymnastics $25/session 10/28/78 - 7 - b) Intermediate Account Clerk Upon presentation of a memorandum addressed to the Board by the Comptroller under date of October 27, 1978, herewith ordered received and filed, on motion by Councilman Perone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes the payment of an annual salary of $10,205. to Roberta L. Fischer, Deputy Town Clerk, who has successfully passed the Civil Service examination title of Intermediate Account Clerk. c) Assistant Auto Mechanic Pursuant to a memorandum addressed to the Board by the Comptroller under date of October 31, 1978, herewith ordered received and filed, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes the hiring of Thomas A. Kraus as Assistant Auto Mechanic at an annual salary of $11,935. , effective November 6, 1978. 2. Authorization to Advertise for Bids - Police Cars and Police Uniforms Following presentation of the Police Chief's memorandum addressed to the Board under date of October 24, 1978, herewith ordered received and filed, on motion by Councilman Perone, seconded by Councilman DeMaio, it was unanimously RESOLVED, that this Board hereby authorizes publication in the official newspaper of the Town of Mamaroneck, The Daily Times, of a Notice of Bids for Police Cars and Police Uniforms. 3. Submission of Tentative Budget to Town Board by Town Clerk The Departmental Requests that compose the tentative 1979 budget was submitted to the Board by the Town Clerk following which clarifications and notations concerning said requests were made by the Supervisor and each member of the Board. The budget calendar was once again reiterated by the Supervisor and further stated that revisions, either upward or downward, would probably be made in preparing the Preliminary Budget and that suggestions from the citizenry would be welcomed. COMMUNICATIONS 1. Notice of Public Hearing- New Rochelle City Council The aforesaid Notice was herewith presented and ordered received and filed for the record. - 8 - THE SUPERVISOR 1. Appointments - Site Search Committee re Community Residences Supervisor Vandernoot updated the circumstances relative to community residences and noted that both Villages had already appointed their Committees. He further noted that he was willing to be this committee's liaison to the Town Board, whereupon on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby appoints the following persons as members of the Town of Mamaroneck Site Search Committee to find appro- priate locations for community residences for the retarded to serve at the pleasure of the Board: Mrs. Helga Bendix, 6 Harmony Drive, Town; Mrs. Linda Coulter, 7 Wildwood Road, Town; and Mrs. C. Leigh Dimond, 47 Fernwood Road, Town. THE TOWN ATTORNEY 1. Request for Door to Door Canvassing This item was not taken up by the Board since no one from the New York Public Interest Research Group, Inc. was in attendance to address the Board as they had been requested to do. • ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, it was declared adjourned at 9:50 P.M. to reconvene on November 15, 1978. 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 Bloom and on his motion, seconded by Commissioner McMillan, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims approved by the Fire Chief and audited by the Comptroller's Office: R. G. Brewer, Inc. $ 59.57 Dri-Chem Extinguisher Corp. 84.25 Erickson's Market 483.91 Excelsior Garage & Machine Works 885.37 Jean C. Kean 265.00 Larchmont Auto Parts Distributors 115.59 Edward Lasus, Inc. 35.00 John Musacchio, Jr. 100.00 John Musacchio, Jr. 100.00 John Musacchio, Jr. 100.00 McGuire Bros. , Inc. 22.00 New York Telephone 18.77 - 9 - New York Telephone Co. 452.57 Postmaster 83.00 Super Vacuum Mfg. Co. 67.20 Village Paint Supply 16.90 Village Paint Supply 38.73 Paul Wade 75.00 Westchester Joint Waterworks 107.01 $3,109.87 2. Reports There were no reports to come before the Commission. 3. Other Business There was no other business to come before the Commission. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9:52 P.M. to reconvene on November 15, 1978. Town Clerk - 10 -