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HomeMy WebLinkAbout1999_04_21 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON APRIL 21, 1999 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Judith A. Myers ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney ABSENT: Councilwoman Phyllis Wittner CONVENE EXECUTIVE SESSION The Board convened into an Executive Session at 6:30 PM in Conference Room A of the Town Center to discuss Personnel, certiorari and litigation. The Board at 7:45 adjourned into a Work Session to discuss the Sign Ordinance and Sound Barriers. On motion duly made and seconded the Board adjourned at 8:25 PM to the Court Room. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor Ryan at 8:30 PM, who then pointed out the location of exits. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Ryan at 8:55 PM in the Court Room. Present were the following members of the Commission: Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Commissioner: Judith Myers 1. FIRE CLAIMS Commissioner O'Keeffe presented fire claims for authorization of payment, thereafter on Commissioner O'Keeffe's motion, seconded by Commissioner Myers, it was unanimously: April 21, 1999 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. 489.05 AAA Emergency Supply Co, Inc. 20.00 AT & T 17.18 AT&T Wireless 104.29 Bell Atlantic 291.73 Brewers 250.40 Cleaning Systems 57.11 Con Edison 2.00 Con Edison 1535.78 Dri Chem 155.00 Excelsior Garage 83.42 J & J Barish Electric 16.14 Lucent Technologies 50.15 Metro Truck 1382.28 Printwear Plus 844.00 Receiver of Taxes 4474.00 Roberts 243.00 Westchester Career Fire Chiefs Academy 450.00 WJWW 626.92 Total $11092.45 2. Fire Report The following report outlines responses to calls made during the month of March 1999. It summarizes the nature and origin of calls, the number of men responding and the total times spent at fire calls. NATURE OF CALLS: ORIGIN OF CALLS: GENERAL 09 FIRE PHONE 10 MINOR 13 TOWN POLICE 07 STILLS 00 LARCHMONT FD. 03 FALSE 08 COUNTY CONTROL 01 OUT OF TOWN 00 911 01 MONTHLY DRILL 01 OTHER 00 TOTAL 23 TOTAL 22 TOTAL NUMBER OF MEN RESPONDING: 161 TOTAL HOURS RESPONDING: 08 HOURS AND 09 MINUTES Respectfully submitted, Michael J. Acocella, Chief 3. Other Business - Fire District Election Reminder The Supervisor gave a reminder that the special fire district election will be held at the Town of Mamaroneck Fire Department, 205 Weaver Street on May 5th from 6:00 PM to 10:00 PM. 2 April 21, 1999 There being no further business to come before the Commission, on motion of Commissioner Myers, seconded by Commissioner O'Keeffe, the Commission unanimously adjourned at 8:40 PM. AFFAIRS OF THE TOWN 1. Appointment to the Cable TV Board of Control The Supervisor said that it would be necessary to replace his position on the Cable TV Board, and he had spoken to Councilwoman Myers who had agreed to serve. On his motion, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby appoint Judith Myers to serve as a member of the Larch mont/Mamaroneck Cable TV Board of Control effective immediately. 2. Approval of Certiorari The Attorney recommended that the Town Board approve the Certiorari given to them prior to the meeting, all of which are located in the Village of Mamaroneck. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Myers, it was unanimously, RESOLVED, that the Town Board does hereby approve the following settlement of certiorari as recommended by the Town Attorney: Robert Etre - 115 Andrew Street Block 816 Lot 286 Village of Mamaroneck Year Assessment Reduced to Amount of Reduction 1998 $38,300 $32,000 $6,300 The loss to the Town will be approximately $100. Rafael Bastidas -238 Center Avenue Block 823 Lot 657 Village of Mamaroneck Year Assessment Reduced to Amount of Reduction 1998 $18,400 $14,400 $4,000 The cost to the Town is approximately $60.00 3 April 21, 1999 Lum & Hong Realty- 100-108 W. Boston Post Road Block 913 Lot 222 Village of Mamaroneck Year Assessment Reduced to Amount of Reduction 1997 $30,000 $21,000 $9,000 1998 $30,000 $21,000 $9,000 The loss to the Town will be approximately $250. ADDED ITEM The Attorney said she wished to have the Board pass a resolution to remove a property from the foreclosure list. (No paperwork) On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously, WHEREAS, on the 14th day of September, 1998, the Supervisor of the Town of Mamaroneck an enforcing officer of the tax district pursuant to Article 11 Title 3 of the Real Property Tax Law filed with the Clerk of the County of Westchester an amended list of parcels of real property affected by unpaid tax liens held and owned by the Town of Mamaroneck, for the purposes of initiating proceedings of foreclosure against said parcels; and WHEREAS, the owners and/or parties of legal right, title, or interest in or lien upon certain of these parcels have tendered payment of said delinquent taxes or have entered into such agreements with the Town of Mamaroneck for payment of said delinquent taxes within the time prescribed by Article 11 title 3 of the Real Property Tax Law; NOW THEREFORE, BE IT RESOLVED, that the Town Board does hereby approve the withdrawal of the following parcels of property from the aforementioned proceeding by the Town Supervisor in his capacity as the enforcing officer of the tax district: 700 Fenimore Road, Section 8, Block 830, Lot 292 The Tech Material Corporation, Owner; and BE IT FURTHER, RESOLVED, that such withdrawal does not preclude reinstatement of said parcel or parcels of property withdrawn at the will and direction of this Board pursuant to Section 1138 of the Real Property Tax law, Article 11, Title 3. 2. Set Public Hearing -Amendment to Property Maintenance Law Supervisor Ryan said he was requesting a public hearing be set to amend the law dealing with property maintenance in regard to multi-family dwellings. He said the amendment 4 April 21, 1999 would mandate that the there be someone on-site to be responsible for maintenance, which is not in our law, and that it had brought to his attention by a senior citizen who had no one to contact about problems. He requested that the Town Clerk send notices to all multi- family dwellings in the Unincorporated Area of the Town of Mamaroneck with 10 or more units. Then, on motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby set the date for public hearing on the amendment to the Property Maintenance Law May 19, 1999 at 8:15 PM; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. 4. Authorization - Retainer Agreement - Legal Counsel - Planning and Zoning Board THIS ITEM WAS HELD OVER 5. Authorization - Rehabilitation of Hommocks Pool Grass Area The Town Administrator explained that during the construction of the new pools at the Hommocks Complex, we installed new grass and plantings adjacent to the main pool and since the new pools were completed, there have been problems establishing a stand of grass in this area. In part the problem is caused by the soil conditions, but there has also been a problem with the drainage of water in this area. Poor drainage has caused the roots of the grass to be too wet, thus the roots rot and grass will not grow. There were also problems with the contractor in regard to this phase of the work. At the time the pool project was completed the Town withheld $7,800 from the contractor as insurance for replacement of the grass. We have spoken with the contractor completing the Hommocks Field project to find a solution to this problem, which is to install a drainage system similar to the system installed at the Hommocks Field. Also, we will have to install new sod to have the area ready for residents when the pool opens in June, the cost for the work will be $18,300 plus $366 for bonding of the project. The work involves the same work as completed for the Hommocks Field. We will arrange this as a change order to the Hommocks Field Project. There remains in the Hommocks Pool Capital Project Fund $39,483 including the amount retained from the contractor. The recommendation is that the Town Board authorizes a change order in the amount of$18,666 to complete the restoration of the grass area at the Hommocks Pool. Councilwoman Myers asked what recourse the Town would have should this grass not do well. The Administrator said that the same guarantees that are in the pool project would carry over to this change order. Councilwoman O'Keeffe asked how long the guarantee was for. The Administrator said one year. The Supervisor added that by putting in the drainage system, it will help alleviate that problem. Following further discussion, on motion of Councilwoman O'Keeffe, seconded by Councilwoman Myers, it was unanimously RESOLVED, that the Town Board does hereby authorize a change order in the amount of$18,666 to complete the restoration of the grass area at the Hommocks Pool. 5 April 21, 1999 6. Salary Authorizations - Recreation -Assessor's Office Recreation On motion of Councilwoman Myers, seconded by Councilman Weprin, it was unanimously RESOLVED, that as provided for in the 1999 Town Budget, authority is hereby given for the payment of salary to the following: Emily Bonanno, Life Guard, Hommocks Pool, $6/hour, effective retroactive to 3/29/99. Assessor's Office On motion of Councilwoman Myers, seconded by Councilman Weprin, it was unanimously RESOLVED, that the Town Board does hereby authorize hiring Melissa Lucente as Assessment Assistant effective April 26, 1999 at a salary of$30,605. Approval of Minutes On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of March 3, 1999, as amended. ORAL COMMUNICATIONS Mr. Asher, Homer Avenue, stated that he had used the three exemptions for overnight parking that is given by the Police Department and he now needed to know what he could do when he needed to park. He said that he lived on a dead-end street and wanted to know if he should approach the Traffic Committee to change the law. The Town Attorney said that there was no provision to exempt someone from the parking policy. And the Supervisor explained that if they were to exempt one person they would have to then be ready to exempt everyone. SUPERVISOR REPORTS Supervisor Ryan announced that the Friends of the Reservoir would be hosting the annual Ice Cream social on May 2, from 2:00 to 4:00 PM at the Larchmont Reservoir, and all were invited. REPORTS OF COUNCIL 6 April 21, 1999 Councilwoman O'Keeffe announced that the Board members had all attended meetings of the Villages of Mamaroneck and Larchmont, and the School Board where the revaluation Committee had presented its report. There were many questions and still more that will need to be answered on the effect, especially in the Village of Mamaroneck that has two taxing districts for the school and town. Mr. Altieri said that he had met with the Assessor, Mr. Roniger, Chair of the Reval Committee, and Mike Blau, Village Manager in Mamaroneck. It seems clear that the village should keep its status as an independent assessing unit, particularly since it is not entitled to the same re-assessment funds under state law as the Town. Councilwoman Myers added that the reval presentations have been well done and succinct, and have made themselves available for questions. Now would be a good time for residents to come forward and ask questions, and to help the Board make an educated decision on this issue. Supervisor Ryan thanked the Villages and School District for hosting us. He said the biggest problem we are facing appears to be with the Village of Mamaroneck falling into two Towns. The Town is working to ensure that this will work out to be fair and equitable for all, so we will continue to review all impacts that revaluating will have. In response to a question by Ernie Odierna, the Supervisor said the timing for holding the public hearings was originally set for May 5, and then again for May 19, but that will have to be rescheduled. There then ensued a lengthy discussion on the revaluation issue. ORAL COMMUNICATIONS (AGAIN) Ernie Odierna reported that his association would be sponsoring a clean-up of Harmon Drive this Sunday. He said they also would be having a street fair on May 15, where there would be entertainment, from 10:00 am to 3:00 PM, on Windsor Street, and all were welcome to join in the fun. He spoke on signs, repaving of streets and suggested the pool open before noon during the summer months. The Administrator explained that the day camps all use the pool during the morning hours, and there are between 200 to 400 children in the program. ADJOURNMENT Supervisor Ryan announced that the next meetings of the Town Board would be held on May 5 and 19, 1999. He then said that he wished to adjourn this meeting in memory of Gen Soriano, who had passed away this week. She was a long time employee of the Town, serving as Deputy Comptroller. He wished her family well, then on motion of Councilwoman O'Keeffe, seconded by Councilwoman Myers the meeting was adjourned into Executive Session to discuss pending litigation. Submitted by: Patricia A. DiCioccio, Town Clerk 7 April 21, 1999 C:1MSOfficelWinwordlM INUTES199minf104-21-99x.doc 8