HomeMy WebLinkAbout1996_09_04 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 SEPTEMBER 4, 1996 AT 8:15 PM IN
THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON
POST ROAD, MAMARONECK, NEW YORK
PRESENT:
Supervisor: Elaine Price
Councilman Paul A. Ryan
Councilwoman Valerie M. O'Keeffe
Councilman Barry Weprin
Councilwoman Phyllis Wittner
ALSO PRESENT:
Patricia DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Charlene Indelicato, Town Attorney
CONVENE EXECUTIVE SESSION
The Board convened into an Executive Session at 6:45 PM in Conference Room A of the
Town Center to discuss personnel and contracts.
On motion duly made and seconded the Board adjourned at 8:20 PM to the Court Room
to Reconvene the Regular Meeting.
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor Price at 8:20
PM, who then pointed out the location of exits.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Price at 8:30 PM in the Court Room.
Present were the following members of the Commission:
Commissioner: Elaine Price
Commissioner: Paul A. Ryan
Commissioner: Valerie M. O'Keeffe
Commissioner: Barry Weprin
Commissioner: Phyllis Wittner
1. Fire Claims:
Commissioner O'Keeffe presented fire claims for authorization of payment, thereafter on
Councilwoman O'Keeffe's motion, seconded by Commissioner Ryan, it was unanimously:
September 4, 1996
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:
OPERATING FUND
A T & T Capital $ 540.85
AAA Emergency Supply Co. 70.00
Cleaning Systems 53.40
Metro Corn North 91.00
Metro Corn North 800.00
Metro Corn North 83.00
$ 1207.58
CAPITAL FUND
Town &Village Roofing 2330.00
Robert Herzberg & Owen & Eddy 3275.50
$ 5605.50
Grand Total $ 6813.00
2. Fire Report for the month of August 1996
Commissioner O'Keeffe read the activity report of the Fire Department for the month of
August 1996:
The following report summarizes the nature and origin of the calls, the number of men
responding and the total time spent at fire calls.
NATURE OF CALLS: GENERAL 23
MINOR 16
STILL 00
FALSE 10
OUT OF TOWN 00
MONTHLY DRILL 01
TOTAL: 40
ORIGIN OF CALLS: FIRE PHONE 18
TOWN POLICE 10
LARCHMONT FD. 03
COUNTY CONTROL 02
911 02
Other 03
TOTAL: 39
TOTAL NUMBER OF MEN RESPONDING: 345
TOTAL HOURS RESPONDING: 18 hours & 10 minutes
3. Other Business
The Supervisor reminded everyone that there would be a special election held on
September 18, from 12 noon to 9:00 PM at the firehouse to authorize the purchase of a
fire truck.
There being no further business to come before the Commission, on motion of
Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the Commission
unanimously adjourned at 8:45 PM.
2
September 4, 1996
PUBLIC HEARING - Amendment to Town SEAR Law
Councilwoman Wittner explained that the purpose of this amendment was to conform
the Town Law with the State's Law regarding Type I list actions, by deleting which will
gain more flexibility for the Town when reviewing such actions.
Thereafter on motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner,
the public hearing was opened.
Supervisor Price asked if anyone wished to speak either in favor of or against the
proposed amendments.
There being no comment, on motion duly made and seconded the public hearing was
closed.
Then, on motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the
following local law was unanimously adopted.
TOWN OF MAMARONECK
LOCAL LAW NO. 16 - 1996
This Local Law shall be known as "Amendment to Section 92-7 of the Town of
Mamaroneck Environmental Quality Review Law".
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
1. Purpose:
The purposed of this amendment is to conform, in certain respects, the Type I list set
forth in §92-7 of the Town of Mamaroneck Environmental Quality Review Law to the
State Environmental Quality Review Act ("SEQRA") Type I list set forth in 6 NYCRR.
§617.4. This amendment will delete from the Type I list unlisted actions which take place
wholly or partially within or substantially contiguous to any critical environmental area
designated by a local or state agency pursuant to 6 NYCRR. §617.4 (h) and as defined in
Article II of the Town of Mamaroneck Environmental Quality Review Law. Such actions
were removed from the SEQRA Type I list by the amendments to the SEQRA regulations,
which became effective in January, 1996. By removing such actions from its Type I list,
the Town will gain flexibility in its review of such actions without sacrificing its ability to
require a full environmental review where appropriate.
2. Article I, Section 92-7 - Type I Actions:
A. Section 92-7 (A) shall be amended as follows: by deleting
§ 92-7. Type I actions.
The list of Type I actions as set forth in 6 NYCRR 617.12(b) shall be adopted in whole
hereby with the following modifications and amendments:
A. The following actions are Type I if they are to be directly undertaken, funded or
approved by an agency:
(1) The adoption of a municipality's land use plan, the adoption by any agency of a
comprehensive resource management plan or the adoption of a municipality's
comprehensive zoning regulations. Also, the adoption of comprehensive building codes,
comprehensive solid waste plans, state and regional transportation plans, water
resource basin plans, comprehensive water quality studies, area-wide water treatment
plans, state and local environmental plans, local flood control plans and the like.
3
September 4, 1996
(2) The adoption of changes in the allowable uses within the zoning district affecting
twenty-five (25) or more acres.
(3) The granting of a zoning change, at the request of an applicant, for an action that
meets or exceeds one (1) or more of the thresholds given elsewhere on this list.
(4) The acquisition, sale, lease, annexation or other transfer by a public agency of
more than five (5) contiguous acres of land.
(5) The construction of new residential units which meet or exceed the following
thresholds:
(a) Ten (10) units not to be connected (at commencement of habitation) to existing
community or public water and sewerage systems, including sewage treatment works.
(b) Forty (40) units to be connected (at the commencement of habitation) to existing
community or public water and sewerage systems, including sewage treatment works.
(6) Activities, other than the construction of residential facilities, which meet or
exceed any of the following thresholds, or the expansion of existing nonresidential
facilities by more than fifty percent (50%) of any of the following thresholds:
(a) A project or action which involves the physical alteration of ten (10) acres.
(b) A project or action which would use ground- or surface water in excess of five
thousand (5,000) gallons in any day.
(c) Parking for seventy-five (75) vehicles or more.
(d) A facility with more than one hundred thousand (100,000) square feet of gross
floor area.
(e) Incinerators operating at a refuse-charging rate exceeding seventy-five (75) tons
of refuse per twenty-four-hour day.
(f) Storage facilities designed for or capable of storing one thousand (1,000) or more
gallons of liquid natural gas, liquid petroleum gas or other fuels.
(g) An independent combustion installation operating at a total heating input
exceeding ten million (10,000,000) Btu per hour.
(h) Process, exhaust and/or ventilation systems emitting air contaminants assigned
an environmental rating of A under 6 NYCRR 212 and whose total emission rate of such
A contaminant exceeds one (1) pound per hour.
(i) Process, exhaust and/or ventilation systems of which the total emission rate of all
air contaminants exceeds twenty-five (25) tons per day.
(j) An industrial facility which has a yearly average discharge flow, based on days of
discharge, of greater than twenty-five thousand (25,000) gallons per day.
(7) Any structure exceeding one hundred (100) feet above original ground level in a
locality without any zoning regulation pertaining to height.
(8) Any nonagricultural use occurring wholly or partially within an agricultural district
(certified pursuant to the Agriculture and Markets Law, Article 25-AA, §§ 303 and 304)
which exceeds twenty-five percent (25%) of any threshold established in this section.
(9) Any unlisted action (unless the action is designed for the preservation of the
facility or site) occurring wholly or partially within or substantially contiguous to any
historic building, structure, site or district or prehistoric site listed on the National
Register of Historic Places or that has been proposed by the New York State Board of
Historic Preservation for a recommendation by the State Historic Preservation Officer for
nomination for inclusion in said national register or that is listed on the State Register of
4
September 4, 1996
Historic Places. [The National Register of Historic Places is established by 36 CFR 60
and 63 (1986); see 6 NYCRR 617.19.]
(10) Any unlisted action which exceeds twenty-five percent (25%) of any threshold in
this section, occurring wholly or partially within or substantially contiguous to any
publicly owned or operated parkland, recreation area or designated open space,
including any site on the Register of National Natural Landmarks pursuant to 36 CFR 62
(1986). (See 6 NYCRR 617.19.)
(11) Any unlisted action which exceeds a Type I threshold established by an involved
agency pursuant to 6 NYCRR 617.4.
(12) The construction of new or expansion by more than fifty percent (50%) of the
existing size, square footage or usage of existing (or any funding, licensing or planning
activities in respect thereto):
(a) Heliports, including Hovercraft and seaplanes.
(b) Facilities or institutions, including but not limited to hospitals, schools, correction
facilities and office centers.
(c) Sanitary landfills.
(d) Chemical pulp mills, portland cement plants, iron and steel plants, primary
aluminum ore reduction plants, sulfuric acid plants, petroleum refineries, lime plants,
sulfur recovery plants, fuel conversion plants, by-product coke manufacturing plants
and cogeneration plants.
(13) Any unlisted action which is to be located in one (1) of the following critical areas:
(a) Controlled areas as defined and mapped in the Ch. 114, Freshwater Wetlands.
(b) Flood areas as defined and mapped in the Ch. 110, Flood Damage Prevention.
(c) Coastal erosion hazard areas as defined and mapped pursuant to Article 34 of the
New York State Environmental Conservation Law.
(d) Tidal wetlands and adjacent areas as defined and mapped pursuant to Article 25
of the New York State Environmental Conservation Law.
(e) Significant fish and wildlife habitat as designated and mapped by the New York
State Department of State.
(14) Any unlisted action which will result in permanent change to the channel or bed
of lakes or streams with a water surface in excess of one-fourth (1/4) acre.
(15) Any unlisted action which involves disturbance of soils covering more than one-
fourth (1/4) acre on an average slope of forty percent (40%) or greater that impacts on
adjacent areas or downstream areas.
(16) Any proposed publicly or privately owned sewage treatment works.
(17) The clearcutting of one (1) or more contiguous acres of forest.
(18) The discharge of radioactive material into the air, water or sanitary sewer(except
as provided for in 6 NYCRR 380.5) or burial of such materials.
3. EFFECTIVE DATE
This local law shall take effect immediately.
AFFAIRS OF THE TOWN
5
September 4, 1996
1. Re-appointments - Board of Assessment Review
- Housing Authority
On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin, it was
unanimously,
RESOLVED, that the Town Board does hereby reappoint Helen
Jennings to the Board of Assessment Review for a term of five
years, and .
BE IT FURTHER,
RESOLVED, that the Town Board hereby reappoints Mary
Carlson to the Housing Authority for a term commencing
September 1996 and said term expiring September 2001.
2. Authorization - Lease Agreement - Town Center -JAD
The Administrator explained that this lease was to replace space utilized by a tenant
(Parmann Mortgage) who was moving out on the third floor. He said the new tenants
JAD Management would assume the terms of the Parmann Leas for rental of Suite 310 &
Suite 302 for a total square footage of 1700 square feet, with JAD agreeing to improve
the space at their expense in return for a three month waiver of rent on Suite 310 and a
six month waiver on Suite 302. He said that because of concerns expressed at the last
meeting by Board members an alternative agreement had been prepared.
He outlined the following proposal: JAD Management would continue to bear the full
cost of all renovations to Suite 302, the Town would agree to paint and install new
carpeting in Suite 320; JAD would begin to pay rent effective October 1, 1996 as follows:
Year 1 $25,500
Year 2 $25,500
Year 3 $26,775
Year 4 $27,412
Year 5 $28,687
Mr. Altieri pointed out that although net income is less that under Parmann, there were
advantages, because Parmann has not kept up with the rent, has moved out already to
another State, and that legal remedies are difficult and expensive to pursue.
After discussion, on motion of Councilman Ryan, seconded by Councilman Weprin,
RESOLVED, that the Town Board does hereby authorize the
execution of a Lease Agreement with JAD Management for the
rental of space on the third floor of the Town Center at a cost
of:
Year 1 $25,500
Year 2 $25,500
Year 3 $26,775
Year 4 $27,412
Year 5 $28,687
said rental term to begin October 1, 1996; and
BE IT FURTHER
RESOLVED, that the Town Administrator be and is hereby
authorized to execute said lease on behalf of the Town.
6
September 4, 1996
Ayes: Wittner, Weprin, Ryan, Price
Nays: O'Keeffe
Councilwoman O'Keeffe explained that she voted against this lease agreement because
she thought that the Town should more aggressively pursue Parmann Mortgage to pay
for the $40,000 gap in the lease terms.
Councilman Ryan said that it would incur cost to pursue the old tenant, with no
guarantee they would have to pay, and that the Town Attorney would continue to seek
reimbursement.
4. Authorization -Westchester Joint Water Works -A-958A Rye Lake Improvements
On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously,
RESOLVED, that the Town Board of the Town of Mamaroneck
does hereby approve the A-1128 20" transmission main
project of the Westchester Joint Water Works and the
apportionment of said costs in the amount of$565,000.00 for
the Town of Mamaroneck.
5. Set Public Hearing - Refuse Collection Truck
The Administrator said that since this truck was for the Larchmont/Mamaroneck
Garbage District, and that it would be necessary for a public hearing to be held to
authorize the purchase and to accept the bids.
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was
unanimously,
TA96-3 Refuse Collection Truck
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was
unanimously,
ORDER CALLING Public Hearing
the Increase and improvement
of the Facilities of Refuse
and Garbage District No. 1
NOTICE OF PUBLIC HEARING
NOTICE IS hereby GIVEN that the Town Board of the Town of Mamaroneck, Westchester
County, New York, will meet at Town Center, in Mamaroneck, New York, in said Town, on
the 18th day of September 1996, at 8:15 o'clock P.M., Prevailing Time, for the purpose of
conducting a public hearing for the specific object or purpose of paying the cost of the
increase and improvement of the facilities of Refuse and Garbage District No. 1 in the
Town of Mamaroneck, Westchester County, New York, within said Town, consisting of a
1997 25-yard Mack Collection Truck, including incidental expenses in connection
therewith. The maximum estimated cost of the aforesaid increase improvement of the
facilities of the Refuse and Garbage District No. 1 in said Town is $105,000.
At said public hearing the Town Board will hear all persons interested in the subject
matter thereof.
Dated- Mamaroneck, New York
7
September 4, 1996
September 4, 1996
BY ORDER OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK,
WESTCHESTER COUNTY, NEW YORK
Section -4
This Order shall take effect immediately.
Question of the adoption of the foregoing order was duly put to a vote on roll call,
which resulted as follows:
Councilwoman Wittner VOTING AYE
Councilman Weprin VOTING AYE
Councilwoman O'Keeffe VOTING AYE
Councilman Ryan VOTING AYE
Supervisor Price VOTING AYE
The order was thereupon declared duly adopted.
6. Report of Bids - TA96-8 - Hommocks Pool Improvements
- TA96-7 - Disposal of Leaves
The Administrator said that the bids for the Hommocks Pool had been opened on
August 27, and had been reviewed by the Town's Consultant, Ward Associates. The
lowest bid received was $30,000 over what was expected for this project.
Councilman Ryan said there had a discussion with Recreation Commission members
regarding the unexpected bid amount and the Recreation Commission intended to set
an increase to fees to help pay for the increased costs. He added that many people had
reviewed and worked hard on this project, and it seemed logical to proceed rather than
to re-bid again.
On motion of Councilman Weprin, seconded by Councilman Ryan, it was unanimously,
RESOLVED, that a the Town Board does hereby award
contract TA96-8 - Hommocks Pool Improvements to
Aquatics Dynamics of Mt. Sinai, NY, said bid's base
amount is $569,375; and
BE IT FURTHER,
RESOLVED, that in addition to the base, that the Board
hereby approves alternate 2 -for a sun shelter for$8,900;
and
BE IT FURTHER,
RESOLVED, that the Town Administrator is hereby
authorized to execute the contract on behalf of the Town.
in addition to the base, that the Board hereby approves
alternate 2 -for a sun shelter for$8,900; and
The bids were:
Bisceglia Brothers Company $875,000 Alt 2 - $ 8,000
Aquatic Dynamics Incorporated $569,375 Alt 2 - $ 8,900
Norberto & Sons $995,000 Alt 2 - $35,000
Bradhurst Site Construction $1,239,000 Alt 2 - $22,000
8
September 4, 1996
TA96-7 - Disposal of Leaves
The Administrator said that the bids for the disposal of leaves had been opened on
August 27, and that the low bid was submitted by Earthgro of Lebanon Connecticut. He
said that Earthgro had been the Town's contractor since it began leaf disposal, and that
this bid was actually lower than before. A discussion followed.
On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously,
RESOLVED, that a the Town Board does hereby award
contract TA96-7 - Disposal of Leaves to Earthgro of
Lebanon, Connecticut who submitted a bid $3.05 per
cubic yard for 1996 removal, and $3.10 for 1997; and
BE IT FURTHER,
RESOLVED, that the Town Administrator is hereby
authorized to execute the contract on behalf of the Town.
The bids were:
Option A Year 1 Year 2
Suburban Carting $ 5.66 per cubic yard $ 5.66
John Gozo Contractors $ 6.88 $ 7.88
7. Adoption of Bond Resolutions - Reconstruction of Sidewalks
- Purchase of Highway Department Equipment
Purchase of Highway Equipment
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was
unanimously,
RESOLVED, that the Town Board does hereby authorize the
purchase of a Rack Body Truck and that it be purchased from
Bruno Truck Sales, Brooklyn, NY for$233,660; and
BE IT FURTHER,
RESOLVED, the Town Administrator is authorized to execute the
contract with Bruno Truck Sales on behalf of the Town of
Mamaroneck, NY
Sidewalks:
Mr. Altieri said that on August 14, 1996 the Town publicly opened and read bids for the
replacement of sidewalks. The scope of work included in the bid specifications
included the replacement of 12,400 square feet of sidewalk and also the replacement of
driveway aprons and handicap ramps. All sidewalks are to be replaced on Revere Rd,
Orchard Rd. and Myrtle Blvd
On motion of Councilman Weprin, seconded by Councilman Ryan, it was unanimously,
9
September 4, 1996
RESOLVED, that the Town Board does hereby authorize the
reconstruction of sidewalks on Revere Road, Orchard Road and
Myrtle Blvd in the amount of$133,000; and
8. Authorization -Waiver of Fees
A communication had been received from the Building Inspector requesting formal
authorization for the waiver of fees for the Town Ice Rink project.
On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was
unanimously,
RESOLVED, that the Town Board does hereby authorize the
Building Department to waive of all fees having to do with the
construction project at the Hommocks Ice Rink; and
9. Authorization - LMC/TV
Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously,
RESOLVED, that the Town Board does hereby approve a loan of
$5,000 to LMC/TV until such time as an agreement is reached
whereby they will make restitution of said monies.
10. Salary Authorization - Recreation
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was
RESOLVED, that as provided for in the 1996 budget the Town
Board does hereby approve the authorization of salary to the
following:
Tamara Moia Life Guard $9/hour effective retroactive to 8/23/96.
Kevin B. Brogan Life Guard $7/hour, effective retroactive to 9/1/96.
Edward Sandberg Alt Life Guard $9/hour, effective retroactive to 9/1/96.
Ed Sullivan Pool Aid $8/hour effective retroactive to 8/29/96.
Gail Guarneri Pool Aid $8/hour, effective retroactive to 8/29/96.
ORAL COMMUNICATIONS
Ernie said the duck count was down to 12 to 14, and questioned why. Supervisor Price
replied that it was probably because of actions taken during the spring. He said the
island on Murray Avenue looked wonderful with the new plantings.
ADJOURNMENT
At 9:40 PM, a motion was made and seconded to adjourn into executive session to
discuss contracts.
10
September 4, 1996
Patricia A. DiCioccio, Town Clerk
C:\MSOFFICE\WINWORD\Minutes\96MINF\09-04-96.last.doc
11