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HomeMy WebLinkAbout1986_06_17 Town Board Minutes MINUTES OF THE REGULAR MEETINGS OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 17TH DAY OF JULY 1985 IN THE COUNCIL ROOM AND THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 7:45 p.m, in the Auditorium. Present were the following: Supervisor Dolores A. Battalia Councilman Lee H. Bloom Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lawrence A. Lerman Town Administrator Stephen V. Altieri was also present. On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board will recess into Executive Session in the Council Room to discuss matters of personnel. The Board reviewed the resumes of candidates for several Boards and Commissions. Thereafter, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously resolved to adjourn the Executive Session at 8:18 p.m. CALL TO ATTENTION - Location of Exits Supervisor Battalia. pointed out to those assembled the location of exits as required by law for public gatherings. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:27 p.m. in the Auditorium. Present were the following: Commissioner Dolores A. Battalia Commissioner Lee H. Bloom Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Commissioner Lawrence A. Lerman -1- 107 Also present were the following: Dorothy S. Miller, Town Clerk Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator Lee H. Hoffman, Counsel to the Town P. Thomas Leddy, Highway Superintendent L. Douglas Fletcher, Fire Chief 1. Claims Commissioner Lerman presented fire claims for authorization of payment and on his motion, seconded by Commissioner Silverstone, 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. , Inc. $ 121.00 Ronald DeCosimo, Fire Fighter 12.85 Fire Chiefs Emergency Plan 75.00 Con Edison 30.75 Con Edison 2.00 Con Edison 3.02 Grant's of Larchmont 40.00 Group Health Inc. 279.63 Larchmont Auto Parts Dist. , Inc. 69.50 Car Mirande, Fire Fighter 28.70 New Rochelle Water Company 135.84 New York Telephone Company 968.23 — New York Telephone Company 67.63 NYNEX Information Resources 9.00 Portronix Communications 3.00 RAD oil Co. 418.84 Shore Line Oil Company, Inc. 51.32 Shore Line Oil Company, Inc. 137.25 The State Insurance Fund 633.46 The State Insurance Fund 4.95 Town of Mamaroneck Professional Fire Fighters Association 95.40 Tri-City Auto Parts 128,38 Uniform Rental, Inc. 29.24 Westchester Joint Water Works 9,113.75 Westchester Joint Water Works 54.01 $12,512.75 Reimbursement - NYS Association of Fire Chiefs $ 600.69 2, Salary Authorization - Firefighter On motion by Commissioner Bloom, seconded by Commissioner Lerman, it was unanimously RESOLVED, that this Board hereby authorizes the hiring of Richard C. Baumblatt of 66 Holly Place, Town, as a Firefighter for the Town of Mamaroneck at an annual salary of $22,000. , effective July 18, 1985; -2- and be it further RESOLVED, that this Board hereby authorizes the hiring of John Peter Garafalo of 81 Taylor Place, Town, as a Firefighter for the Town of Mamaroneck at an annual salary of $22,000. , effective July 19, 1985. ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Amlicke, seconded by Commissioner Lerman, it was unanimously declared that this meeting be adjourned at 8:30 p.m. NOT ON AGENDA PRESENTATION - Honorary Presentation to Jacques Dubouchet At this time Councilman Amlicke stated that Jacques Dubouchet, a recently retired member of the Town of Mamaroneck Water Control Commission, is returning to his native France, adding that his departure will be a great loss to this Community. Mr. Amlicke further stated that both he and CAC Chairman C. Alan Mason agreed that appropriate recognition should be expressed to Mr. Dubouchet for the special work he accomplished through his expertise in the field of hydrology. Thereafter, Councilman Amlicke read the very aptly worded proclamation, and on his motion, which was seconded by Councilman Bloom, the following proclamation was issued and presented to Mr. Dubouchet: (see page 4) PUBLIC HEARING: Proposed Local Law - Tree Preservation On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. Counsel to the Town, Lee Hoffman, explained the provisions of the proposed local law. At this Time, Supervisor Battalia stated that those who wish to speak in support of the proposal would be heard first and then those against. Dr. Mason, Chairman of the CAC spoke in support, but questioned the wording on page one, section 2A and suggested that the last two sentences be reversed for clarification. Councilman Bloom elaborated further about lot and tree sizes and the requirement to obtain a permit. Further comments were also made by Councilman Lerman and Councilwoman Silverstone on various aspects of the proposed law. Arthur Gasparini, 189 Hickory Grove Drive, Town, asked about the amount of a fee and also how one would determine if the size of their lot would come under this law. He was advised that a fee has yet to -3- 1 P R O C L A M A T I O N WHEREAS, Jacques Dubouchet, having served his adopted Town of Mamaroneck, New York, as a member of the Wetlands Control Commission and as a Volunteer Consultant to the Town of Mamaroneck Conservation Advisory Commission; and WHEREAS, having unselfishly shared his immense knowledge and skill in the fields of hydrology and storm- water flood management; and WHEREAS, having given gratuitously of his time and efforts to his neighbors who live and work in Mamaroneck; and WHEREAS, the Town of Mamaroneck wishes to extend its deep appreciation, gratitude, and best wishes as Jacques Dubouchet returns to his home in France; NOW THEREFORE, BE IT RESOLVED that I, Dolores A. Battalia, Supervisor of the Town of Mamaroneck, New York, do hereby designate JACQUES DUBOUCHET an HONORARY CITIZEN OF THE TOWN OF MAMARONECK Adopted by the Town Supervisor on the 17th day of July 1985. Supervisor Dolores A. Battalia Town of Mamaroneck -4- be determined and that either the Building Department or the Assessor's Office could advise of lot size. Thereafter, Alice Dematte of 716 Forest Avenue, Town, asked how residents would be made aware that said law is in existence. The Supervisor advised that the local newspaper and the "On The Town" publication would be sources of information. Councilwoman Silverstone suggested that the law be provided to tree surgeons in the area. E. Robert Wassman, 15 Campbell Lane, Town, questioned why one-half acre was chosen. He was advised that it was the consensus of the Board and had been changed from one acre since it was felt that property less than one-half acre was not likely to be sub-divided for building purposes. Dr. Mason noted that the law is in response to a problem that was being encountered in the Town but that the small-lot homeowners were not the culprits. Following further queries by Councilman Amlicke and Councilman Bloom's notation about his previous objection to the wording in Section 6, on motion by Councilwoman Silverstone, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. Thereupon, on motion by Councilman Bloom, seconded by Councilman Lerman, 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 proposed Local Law No. 10-1985 and has heard all persons desiring to be heard thereon; NOW THEREFORE, BE IT RESOLVED, that this Board does hereby adopt Local Law No. 19-1985 entitled "Tree Preservation," and orders that said Local Law as adopted and herewith inserted, be made a part of the Minutes of this meeting: (see attached Law inserted after this page) NOTE: (Supervisor and Town Board, due to the length of Local Law, I am not including Law in this draft of Minutes. Of course, entire context of Law will be incorporated in final typing of this set of Minutes.) -5- This local law shall be entitled TREE PRESERVATION. Section 1 . Legislative intent. The destruction or damage to shade, ornamental, and evergreen trees and plants and the indiscriminate and excessive cutting of these trees in subdivisions and on private property cause barren and unsightly conditions, create increased surface drainage problems, increase municipal costs to control drain- age, impair the stability and value of improved and unimproved real property, and cause deterioration to the community which adversely affect the health, safety, environment, ecosystems, and general welfare of the inhabitants of the Town of Mamaro- neck. This law seeks to correct these conditions . Section 2 . Cutting, killing, or destroying trees prohibited: exceptions . A. No person, firm or corporation or individual con- nected with such firm or corporation shall either purposely or negligently cut down, kill , or otherwise destroy or com- mit any act which will lead to the eventual destruction of any tree exceeding six (6) inches in diameter at a height of four (4) feet measured from the ground on any private prop- erty, unless he is in the possession of a permit to do so issued by the Tree Preservation Commission pursuant to Sec- tion 4 . Permits issued for any other purpose by the Town shall not be valid for this purpose. A lot of one-half (!�) acre or less substantially developed with improvements and a structure or structures situated thereon shall be exempt from this section. B. Notwithstanding any other provision of this law, any property owner applying for subdivision or site plan ap- proval whose plans would require the removal of any trees on said property shall make application to the Planning Board - 1. - 112 of the Town of Mamaroneck, which shall have sole jurisdiction regarding the proposed removal of such trees. The Planning Board may grant or deny such application on such terms and conditions as it may prescribe, it being understood that there must, in any event, be full compliance with the subdivision regulations and site plan approval law of the Town of Mamaro- neck. In the event a property owner, subsequent to the fil- ing of a final plat or site plan, shall require the removal of any trees which deviates from the plans approved by the Planning Board, application must be made to the Tree Preser- vation Commission, and all the requirements of this law shall be applicable . Section 3 . Tree Preservation Commission A. The Town Board shall create a Tree Preservation Commission which shall consist of the Highway Superintendent, Chairperson of the Conservation Advisory Commission, and the Building Inspector. B. All determinations and decisions made by the Tree Preservation Commission shall be by a majority vote. The Commission is hereby authorized and empowered to obtain the assistance, when necessary, of persons especially qualified by reason of training or experience in tree planting, preser- vation, and landscaping. Section 4 . Granting of permits A. Permits for the removal of trees may be granted under the following circumstances : (1) If the presence of trees would cause hardship or endanger the public or the person or property of the owner . (2) On property to be occupied by buildings or structures, within a distance of ten (10) feet around the peri- meter of such building or structure, depending upon tree species and conditions to be determined by the Tree Preservation Com- mission. (3) If the trees substantially interfere with a - 2 - 113 permitted .use of the property and the removal of the trees shall be performed in a selective manner . (4) If the property shall have an approved cut or fill of land deemed by the Tree Preservation Commission to be injurious or dangerous to the trees . B. The determination of the Tree Preservation Com- mission shall be final and shall depend upon the species of the tree, the degree of injury and the likelihood of the sur- vival of the tree, and consideration of the general welfare and the overall environment of the area, except that it shall be subject to such review as is authorized by Section 5 .H. C. in the event that the Tree Preservation Commis- sion determines that a tree or trees are hazardous to life or property or substantially interfere with a permitted use of the property, the Tree Preservation Commission shall have the right to grant immediate approval for the removal of said tree or trees, waiving all notices as required under this law. In the event that such approval is granted, the Tree Preservation Commission, subsequent to the cutting of said tree or trees, shall have the authority to require com- plete compliance with all other provisions of this law as ap- plicable thereto. Section 5 . Procedural requirements for permit A. All applications for permits hereunder shall be -made in writing and verified under oath upon forms prescribed by the Tree Preservation Commission and approved by the Town Board of the Town of Mamaroneck. The fee for each application shall be set by resolution of the Town Board, payable upon sub- mission of the application. B. The applicant shall submit plans showing existing and proposed contours at two-foot intervals on a map or plan at a scale no smaller than one (1) inch equaling fifty (50) feet. where trees are to be removed or destroyed, existing - 3 - trees, specifying types and sizes , shall be shown and the rea- sons for removing or destroying said trees shall be set forth.. The plans shall provide for new trees to be planted and shall specify their location and type to replace the existing trees in kind. When the existing trees are so large and mature that they cannot be replaced, the Tree Preservation Commission may require planting of multiple trees instead. C. The Tree Preservation Commission may require addi- tional information such as the design of walls, disposition and design of storm drainage, and any other information perti- nent to the individual circumstances . D. Where extensive tree cutting is planned, the Tree Preservation Commission may require the applicant to pay for an Inspector to be assigned by the Commission to supervise the orderly development of the land and ensure the protection of the trees. E. The Tree Preservation Commission shall require that the applicant or applicant ' s representative who sha11 be performing the work shall furnish the Town with a performance bond as approved by the Town' s Attorney in an amount suffi- cient to cover ninety percent (90%) of the planting and res- toration work to be completed in accordance with the plans accompanying the application.` The remaining ten percent (10%) of the cost of restoration and replanting shall be in cash, deposited in a special tree preservation escrow account. The total amount of the bond and cash deposit shall reflect all restoration and protection costs and shall be in accordance with each set of individual circumstances. Upon completion of all planting and restoration work to the satisfaction of the Tree Preservation Commission, the performance bond shall be cancelled and replaced with a maintenance bond to be approved by the Town ' s Attorney and to run for a term of two (2) years . The ten percent (10%) cash in escrow shall .remain on deposit - 4 - with the Town until the maintenance bond is cancelled. F. The Tree Preservation Commission, within twenty (20) days from the date the application is submitted in final form, shall approve or disapprove the application for permit. No trees shall be cut pursuant to a validly issued permit for a period of ten (10) days from the date of the issuance of said permit. The failure to act upon the application for per- mit within the said twenty (20) days shall be deemed a grant- ing of automatic approval by the Tree Preservation Commission of the application for permit. G. All decisions or determinations made by the Tree Preservation Commission approving applications pursuant to this law shall be sent to property owners within a two-hundred- fifty foot radius of the area in question and to the Planning Board. H. Any person, firm, organization, or corporation aggrieved, affected, or interested in the determination or de- cision of the Tree Preservation Commission shall have the right, within ten (10) days from receipt of the decision of the Tree Preservation Commission, to appeal to the Town Board who shall review the decision. Any decision or determination of the Tree Preservation Commission which is appealed to the Town Board shall be stayed pending review by the Town Board. I . Any decision or determination of the Commission sustained, revoked, or modified by the Town Board may be ap- pealed by any person, firm, organization, or corporation aggrieved, affected, or interested in the determination or decision of the Town Board by application to the Supreme Court of the State of New York within thirty (30 ) days of filing of such decision with the Town Clerk. J. The Tree Preservation Commission may revoke any permit if the work is not proceeding according to permit. - 5 - Section 6 . Required acts . A. All persons who remove or cause to be removed trees with or without a permit, as required., shall restore the area by backfilling all holes and by creating an accept- able grade and covering, subject to approval by the Tree Preservation Commission. Any tree damaged during construc- tion or development of the property shall be either replaced in kind or, where existing trees are so large and mature they cannot be replaced, the Tree Preservation Commission may re- quire the planting of multiple trees instead. Minor tree damage shall be repaired in accordance with accepted tree surgery practice. B. Tree stumps shall be removed, not cut flush. After the planting of trees, removal of all debris in the disturbed area shall be made immediately. The property where such plant- ing is done must be left in a neat and orderly condition with good and acceptable planting and tree surgery practice . C. All trees which fail to survive for a period of two (2) calendar years following planting shall be replaced by the permit holder at no expense to the Town or the owner of the land, if other than the holder of the permit. Said replacement shall be within sixty (60) days following writ- ten demand for such replacement from the Tree Preservation Commission or within an extended period of time as may be specified. Should the permit holder fail to replace the trees pursuant to demand within the required period of time,. the Tree Preservation Commission shall have the right to declare the maintenance bond in default and apply the escrow cash de- posit and the proceeds of the bond to replace the required trees . D. All tree planting, tree dressing, and associated restoration work must be substantially completed within six- (6) months from the date of issuance of the permit , except that the permit may be extended by the Tree Preservation Com- 6 - mission which shall have sole discretion to grant such an extension. Under all circumstances, the performance bond ob- tained by the permit holder shall continue in full force and effect until there has been full compliance and approval of all restoration work by the Tree Preservation Commission. In the event the planting and restoration work has not been sub- stantially completed within six (6) months and no permit ex- tension has been applied for or granted, the Tree Preserva- tion Commission shall have the right to consider the site abandoned and declare the performance bond in default, and may apply the escrow deposit and the proceeds of the bond .to perform all required planting and restoration work. By ac- cepting a permit, the holder thereby agrees to this procedure and grants unconditional access to the land for such restora- tion purposes. Section 7 . Certificate of Occupancy No Certificate of Occupancy shall be issued by the Building Inspector until all tree planting, tree dressing, and associated restoration work shall be completed to the satisfaction of the Tree Preservation Commission, except that where a Certificate of Occupancy is applied for between Octo- her 31 and April 1, the permit holder shall submit an agree- ment, in writing, to the Town signed by the permit holder to ensure compliance with all planting and restoration work to the satisfaction of the Tree Preservation Commission on or be- fore the first day of May next following the making of the agreement. The escrow cash deposit and the bond obtained by the permit holder shall continue in full force and effect un- til the planting and restoration work has been completed. Should the permit holder fail to complete the restoration work on or before May 1 next following the execution of the agree- ment, the Tree Preservation Commission shall have the right to declare the said performance bond in default and apply the escrow cash deposit and the proceeds of the bond to re- store the land. - 7 - 118 Section 8 . Penalties for offenses A. Any person, firm, or corporation violating any of the provisions of this law shall be guilty of a misdemeanor, the fine for which shall not exceed one thousand dollars ($1;000 . 00) . B. Civil penalty. In addition thereto, any person, firm, or corporation violating any provision of this ordi- nance shall be subject to a civil penalty enforceable and col- lectible by the Town in the amount of one hundred dollars ($100 . ) each and every day that the violation continues, for each and every tree. In addition thereto, the violator will be required to replace each and every tree so -taken down in accordance with Section 6 . Section 9 . Enforcement The Building Inspector of the Town of Mamaroneck shall enforce this law. Section 10 . Prohibited acts and conduct on Town-owned property-. A. No department, agency, commission, or author- ity in the Town of Mamaroneck, employee of the Town of Mama- roneck, or any firm or individual retained by the Town shall propose to or shall cut down, kill, or otherwise destroy more than five (5) trees, each exceeding six (6) inches in diameter at a height of four (4) feet measured from the ground, within an area of two-thousand five-hundred (2, 500) square feet or any single tree exceeding eighteen (18) inches in diameter at a height of four (4) feet measured from the ground on Town property, with the exception of Town highways within the Town of Mamaroneck, without first filing a statement with the Town Board. (1) The statement required hereunder shall be made in writing to the Town Board on a form approved by the Town Board. Such statement shall specify the particular type of work to be performed, the exact location, a general description of the tree or trees that shall be removed, a - 8 - sketch plan if appropriate and required, together with the reasons for the removal of said tree or trees . (2) Upon filing said statement with the Town Board, notification shall be sent to owners of record of land within a radius of two hundred fifty (250) feet from the tree or trees that are to be removed. In addition thereto, notice of the proposed removal of said tree or trees shall be pub- lished in the official newspaper of the Town of Mamaroneck. (3) The Town Board shall be stayed from making any decision or determination for a period of ten (10) days from the date of publication. In the event any person, firm, organization, or corporation aggrieved, affected, or interested in the ,removal of the said tree or trees shall file an objection with the Town Board in writing five (5) days prior to the Town Board meeting, said Town Board shall not make any decision or determination until its next regular or special Town Board meeting following the filing of said objection. B. All contracts entered into by the Town with firms or individuals for work to be performed on Town-owned land, excluding Town highways , shall contain a provision that there shall be complete compliance with Section 10 .A. of this local law. Section 11. Repealer. All ordinances and local laws or parts of ordi- nances and local laws in conflict herewith are hereby repealed. Section 12 . Severability. The invalidity of any section, clause, sentence, or provision of this local law shall not affect the validity of any part of this local law which can be given effect without such invalid part or parts . Section 13 . when effective . This local law shall take effect immediately. - 9 - PUBLIC HEARING: Proposed Local Law re STOP SIGN at Valley Road & Glenn Road On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. - Councilman Bloom gave a brief update on the intersection and since no one wished to speak in favor or or in opposition to the proposal, on motion by Councilman Bloom, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. On motion by Councilman Bloom, seconded by Councilman Lerman, 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 proposed Local Law No. 11-1985 and has heard all persons desiring to be heard thereon: NOW THEREFORE, BE IT RESOLVED, that this Board does hereby adopt Local Law No. 11-1985 entitled "STOP SIGNS," and orders that said Local Law as adopted and herewith inserted, be made a part of the Minutes of this meeting: This local law shall amend Local Law No. 1 of 1965, Article 1, Section 81-6B by adding thereto Subparagraph 66 which shall read as follows: (66) on Valley Road at its intersection with Glenn Road. PUBLIC HEARING: Purchase of Packer Truck for Refuse and Garbage District 411 On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. No one spoke either in favor of or against the proposal to borrow the funds for the purchase of the packer truck. Councilwoman Silverstone emphasized that the new truck is larger and more flexible. The Administrator advised that the refuse trucks will be replaced on a rotating basis as part of the capital improvements projects. -6- 21 Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes the Comptroller to follow the required procedure to secure the necessary bonding papers for authorization to borrow the funds for the purchase of the packer truck. APPROVAL OF MINUTES Supervisor Battalia asked that the minutes being presented this evening be held over for action at the next meeting since she had not had an opportunity to review them. She also asked the Clerk to have all outstanding minutes ready for presentation at the next meeting. The minutes of the Special Meeting of July 19, 1985 were presented and on motion by Councilwoman Silverstone, seconded by Councilman Bloom, were unanimously approved as is. AFFAIRS OF THE TOWN 1. Appointments: a) Planning Board Following Supervisor's notation that this appointment is in response to Mr. Kalos' request that someone be named at this meeting, and after Councilman Bloom's review of Mr. Scutaro's qualifications, upon Councilman Bloom's motion, which was seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that Gaetano Scutaro of 2 Lundy Lane, Town, is hereby appointed as a member of the Town of Mamaroneck Planning Board to serve a seven (7) year term of office, effective immediately, and terminating July 6, 1992. At this time the Supervisor recognized the presence of David G. Sacks, a member of the Management Advisory Committee and changed the order of the agenda and took up Item #2. 2. Authorization - Bonding Resolution-Town Center The Town Administrator reviewed and clarified his reasons for investigating alternative methods of financing methods, two of which were using a finance lease and a standard general obligation bond sale. After indicating the specifics of each, Mr. Altieri spoke of his review of the matter with Mr. Sacks and noted they both agree it is a good time to take advantage of favorable market interest rates and go forth with a bond sale. -7- 122 Mr. Sacks reiterated Mr. Altieri's statements and noted that the interest rate market has been working to the benefit of the Town over the last year and that interest rates are not expected to be any higher at the end of this year. He then noted his concurrence with the Administrator's recommendation for a bond sale. Mrs. Battalia thanked Mr. Sacks for the time spent on this matter and briefly reviewed the work of the Management Advisory Committee since the original appointment of that group. Mr. Altieri stated that the bid opening can be held on August 7th and then hold a closing in September in response to Councilman Bloom's query. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, the following resolution was unanimously adopted: WHEREAS, Bond Anticipation Notes in the amount of $3,300,000.00 have been previously issued for the purpose of renovating the Town Center and reconstructing the Fifth Avenue Sewer; and WHEREAS, the timing is now appropriate for converting these short-term debt instruments into long-term debt instruments; NOW THEREFORE, BE IT RESOLVED, that this Board hereby authorizes the Town Administrator and Comptroller to arrange for the sale of general obligation bonds of the Town in the amount of $3,300, 000.00 pursuant to the New York State Constitution and local finance law. At this time the regular order of the agenda was followed. 1. Appointments: b) Recreation Commission Supervisor Battalia noted that this appointment would be to replace Tom Reca who has assumed his responsibilities on the School Board. Councilwoman Silverstone reviewed the makeup of the Recreation Commission, noting that it is important to have persons on the Commission who use the Town's facilities and thereafter, on her motion, which was seconded by Councilman Lerman, it was unanimously RESOLVED, that Sandra Lee Hile of 1470 Nelson Street, Mamaroneck Village, is hereby appointed as a member of the Town of Mamaroneck Recreation Commission to fill the vacancy created by the resignation of Tom Reca, effective immediately and terminating on May 20, 1989. -8- c) Joint Town-Village Planning Group Councilwoman Silverstone reviewed Mrs. Price's qualifications and stated that it has been legally determined that it is appropriate to have a member of a sitting Board serve on the Joint Planning Group. Therefore, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that Elaine Price of 4 Rock Ridge Road, Town, is hereby appointed as a member of the Joint Town-Village Planning Group to serve at the pleasure of the Town Board. NOT ON AGENDA d) Conservation Advisory Commission Councilman Amlicke advised of the recent resignation of Robert Arbib and reviewed the qualifications of Robert Komitor, and thereafter, on Councilman Amlicke's motion, which was seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board accepts with regret the resignation of Robert Arbib from the Conservation Advisory Commission; and be it further RESOLVED, that Robert Komitor of 907 Palmer Avenue, Mamaroneck Village, is hereby appointed as a member of the Conservation Advisory Committee to fill the vacancy created by the resignation of Robert S. Arbib, Jr. , effective immediately and terminating on December 31, 1986. e) Former Chairman of Planning Board In response to Supervisor Battalia's suggestion, on motion by Councilman Lerman, seconded by Councilman Bloom, the following resolution was unanimously adopted: WHEREAS, Paul L. Kalos has served the Town of Mamaroneck in a dedicated manner both as a member and subsequently as Chairman of the Planning Board; and WHEREAS, Mr. Kalos has served in said capacities with unqualified integrity and diligence and has given unstintingly of his time; NOW THEREFORE, BE IT RESOLVED, that this Board hereby expresses its appreciation to Paul L. Kalos for his unique contributions to the Town of Mamaroneck and extends to him best wishes in his future endeavors. -9- NOT ON AGENDA Supervisor Battalia noted that she had been advised that John Ibelli, as representative from the School Board and Dr. Irwin Davidson, as representative of the Athletic Department, have been designated by the School District to serve on the Hommocks Ice Rink Committee. A brief discussion followed with respect to representation on the Committee from Mamaroneck Village. 3. Update - Town Center Town Administrator Stephen Altieri noted that his report would be in several parts, the first covering the construction of the building and the second part with respect to the efforts to rent the third floor space and lastly, expenditures thus far. He emphasized that the project remains on schedule and outlined the specifics of stages of work on each floor (which is detailed in his memorandum to the Supervisor and Town Board, dated July 12, 1985) . He further stated that the Town has contracted with Burbank Realty in Larchmont Village to act at the Town's agents for finding tenants for the third floor space, and that Burbank is proposing that a flyer advertising the available space be mailed to other real estate agents. Mr. Altieri advised that the total expended for the project to date is $1,631,151. Some discussion followed the Administrator's report with reference to the rental of the third floor and the fee for said rental, adequacy of parking at the building and the broker's agreement. Councilwoman Silverstone emphasized that an offer was made to the Village of Mamaroneck for space which was rejected and the same offer was made to the Village of Larchmont with no answer from them. 4. Authorization - Easement-Westchester Joint Water Works The Town Administrator enumerated the specifics of the matter of the very expensive installation of a new water service to supply the Town Center's water needs and the Westchester Joint Water Works' less costly alternate suggestion. After his very informative presentation, Mr. Altieri responded to Mr. Gasparini's queries about the matter, with clarifications by the Supervisor, and asked the Board for authorization for the easement and installation of the water main. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes the Supervisor to execute an easement agreement with the Westchester Joint Water Works and the Village of Mamaroneck for the installation of the water main which shall course through the Town Center property from the Boston Post Road to Rockland Avenue, in accordance with the metes and bounds description in Schedule A of the easement agreement; and be it further RESOLVED, that the Westchester Joint Water Works is hereby authorized to install a water main in the Town Center property in accordance with the terms of the easement agreement at a total cost to the Town of Mamaroneck of $21,000. -10- 1253 5. Authorization - Study of Court House Property Supervisor Battalia recounted the last meeting at which the Court House property was discussed when the Howell Park residents were in attendance. Mrs. Battalia stated that she and Mr. Altieri had met with Daniel Shuster with reference to Shuster Associates conducting a study of that property and asked Mr. Altieri to review their proposal for evaluating the Court House property as well as the Police Station property. When Mr. Oberg of 1214 Palmer Avenue questioned how long this would take, Councilwoman Silverstone answered that within two months a report will be forthcoming from Shuster Associates and Supervisor Battalia added that the matter would be placed on a meeting agenda and the Howell Park residents would be invited to attend to listen to and comment on Mr. Shuster's presentation. Some further discussion ensued during which Highway Superintendent Tom Leddy, in response to Councilman Bloom's query, answered that the small park opposite the Court House is Town-owned and main- - tained by his Department. Supervisor Battalia advised that only Town equipment is being stored on the property behind the Court House, in response to previous queries from Howell Park residents. Mr. Altieri responded to Mr. Oberg's concern about the condition of the Court House property that he is working on a plan with Mr. Leddy for the upkeep of the property. Thereafter on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Town Administrator is hereby authorized to enter into contract with Shuster Associates for evaluating excess Town property. 6. Authorization - Administrator's Attendance at Seminar Pursuant to Mr. Altieri's explanation of his need to be aware of the provisions of the Fair Labor Standards Act and how to implement the provisions thereof, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes the Administrator to attend a seminar on the Fair Labor Standards Act on August 19, 1985 and further authorizes expenses of $220.00. 7. Report of Town Attorney - Proposed Legislation Lee Hoffman enumerated a listing of drafts with respect to proposed legislation which have been distributed to the Supervisor and members of the Board for their consideration, namely: a) revisions to the Ethics Code b) amendments to the Mechanical Amusement Devices law c) satellite earth stations law d) smoke and heat detectors in multiple dwellings e) litter law f) opinion memorandum relative to the establishment of and architectural review board. Councilwoman Silverstone commented on a proposed tree city law and top soil law and spoke also of her discussion with Frank Claps. Some discussion followed during which Counsel clarified certain aspects of the legislation referred to above and Supervisor Battalia requested that Board members submit their comments on the proposed legislation to Counsel by July 31st. -11- 8. Authorization - Sale of Surplus Equipment Pursuant to the Administrator's request, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby declares the following vehicles as surplus equipment and authorizes the Administrator to initiate the sale of same: 1983 Plymouth Grand Fury 4-door P/S, P/B, A/C, no radio -- #2P3BB2648DR187881 1983 Plymouth Grand Fury 4-door P/S, P/B, A/C -- 2P3BB264XDR187882 1982 Ford LTD 4-door P/S, P/B, A/C 2FABP31FOCB159926 1982 Ford LTD 4-door P/S, P/B, A/C 2FABP31FICB159921 1973 Ford Custom 500 4-door P/S, P/B, A/C -- F3E53H2O7073 1975 Chevy Custom 20 Deluxe Pick Up CCY2451148527 9. Authorization - Open Convenience Savings Account for Town Swim Club On motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes that a convenience savings account entitled "Town of Mamaroneck Swim Club Trust Account" to receive and expend funds from charitable swim meets be opened with the Bank of New York County Trust Region; and be it further RESOLVED, that hereafter all deposits and withdrawals shall be authorized when signed by the signature or facsimile signature of Carmine A. DeLuca, Comptroller, and Dolores A. Battalia, Supervisor, or Genevieve F. Soriano, Deputy Comptroller, and Dolores A. Battalia, Supervisor. _ 10. Salary Authorization: a) Conservation On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes that Juan Gonzalez, laborer in the Conservation Department be compensated at the rate of $3.75 per hour effective retroactive to June 24, 1985. -12- 127 b) Recreation On motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that as provided for in the 1985 Town Budget, this Board hereby authorizes the following salary expenditures to the persons named on the list annexed hereto, for the terms of employment and at the rate of compensation for each as set forth: Paul Manion, Recreation Assistant, Sailing, $3.50/hour, effective retroactive to 7/8/85. Francisco Crespo, Recreation Attendant (alternate) , Central & Memorial Park Tennis Courts, $3.60/hour, effective 7/12/85. Lori Pearlstein, Recreation Assistant, Central Playground, $100/week, effective retroactive to 7/10/85. Jocelyn King, Recreation Assistant, Chatsworth Pre-School, $45/week, effective retroactive to 7/10/85, replacing Andrew Mohan. Joely Habid, Recreation Assistant, Chatsworth Pre-School, $45/week, effective retroactive to 7/1/85. Janet Duffy, Recreation Assistant, Chatsworth Pre-School, $45/week, effective retroactive to 7/8/85, replacing Kate Buckley. Kathy Augustine, Assistant Recreation Leader, Teen Center, $10/hour, effective retroactive to 7/8/85. Ellen Moran, Recreation Attendant, Teen Center, $5/hour, effective retroactive to 7/1/85. Philip Barone, Instructor, Music Workshop, $75/week, effective retroactive to 7/1/85, replacing Paul Rutkowski. Mariko Iwai, Instructor, Music Workshop, $40/week, effective retroactive to 7/1/85. Ed Bender, Alternate Pool Director, $7/hour, effective retroactive to 6/22/85. Cindy Ferro, Alternate Pool Director, $7/hour, effective retroactive to 6/22/85. Lucy Moore, Alternate Pool Director, $7/hour, effective retroactive to 6/22/85. Randy Smith, Alternate Lifeguard, $3.35/ hour, effective 7/12/85. Tim Aubert, Alternate Lifeguard, $3.35/ hour, effective 7/12/85. Randy Smith, Alternate Key Attendant, $3/hour, effective 7/12/85. - Tim Aubert, Alternate Key Attendant, $3/hour, effective 7/12/85. -13- 11. Authorization - Preliminary Utility Agreement - Murray/ Myrtle/North Chatsworth Intersection Following the Administrator's explanation of this agreement, some reference to the others previously authorized and a brief discussion relative to the starting date of the project, on motion by Councilman Bloom, seconded by Council- woman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the Administrator to execute the Preliminary Utility Work Agreement with the State Department of Transportation relative to the reconstruction of the intersection of North Chatsworth Avenue, Myrtle Boulevard and Murray Avenue. NOT ON AGENDA In response to Councilwoman Silverstone's query, Mr. Altieri reported on a meeting he had attended on July 17th with representatives of the State Department of Transportation, the Town and Village of Larchmont, during which the matter of the reconstruction of the Weaver Street Bridge was discussed with emphasis on the rerouting of traffic while the project is in progress, as well as the schedule of said reconstruction. Mr. Altieri spelled out the arrangements set up for the Fire, Police and VAC vehicles. Peter Perciasepe of 96 Myrtle Boulevard, Town asked if a temporary bridge could be put up and Mr. Altieri answered that the State has stated that they would not add the prohibitive amount of $1,000,000 for such a bridge to the cost of the project. Some discussion followed with questions being answered by Mr. Altieri with information obtained from the Department of Transportation officials who were at the meeting. NOT ON AGENDA Following the Supervisor's recommendation, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby changes the date of the first meeting in September 1985 from Wednesday, September 4th to Wednesday, September llth. The Supervisor asked the Clerk to arrange for the August 14th meeting to be held in the Council Room because the Planning Board will be meeting that same evening in the Auditorium. The Administrator was asked to discuss with the Chairman of the Planning Board, the possibility of rescheduling their meeting place and/or date since the Town Board will be meeting on September llth. -1.4- WRITTEN COMMUNICATIONS Mr. Angelo Rigano, 18 Blossom Terrace, Town, addressed the Board about the letter he had written to Councilman Amlicke recently, which included the signatures of eighteen (18) other Blossom Terrace residents, concerning a non-connected street light fixture near the corner of Palmer Avenue and Blossom Terrace. After some discussion the matter was referred to Mr. Altieri for handling, together with the Highway Superintendent. Mr. Rigano also addressed the Board on the matter of parking on Palmer Avenue in the vicinity of Blossom Terrace, which was referred to Councilman Bloom for discussion at the next Traffic Committee meeting. ORAL COMMUNICATIONS There were no oral communications to come before the Board. THE TOWN CLERK Regular Reports The Town Clerk presented the report of the Town Clerk's office for the month of June 1985. THE SUPERVISOR Reports Supervisor Battalia reported: a) that she was pleased to announce another example of intermunicipal cooperation and explained the difficulties being encountered due to the clsoings of the Beach at Harbor Island. Mrs. Battalia noted that just as the Town of Mamaroneck has extended Hommocks Pool privileges to Mamaroneck Village residents holding beach permits; now Rye Town has extended its Oakland Beach privileges to Town of Mamaroneck (Unincorporated Area) residents who hold Harbor Island Beach permits. Supervisor Battalia thanked Supervisor Gioffre for arranging to accomodate Town residents and thanked Mayor Noto for his support of her efforts. b) that the Mamaroneck Village Board of Trustees has passed a resolution endorsing the Town's Urban County Project Application and that she is in receipt of a letter of endorsement from Paul Ryan, Mamaroneck Village's CDAG representative and Chairman of the Washingtonville Neighborhood Association. c) that the Westchester Joint Water Works will be mailing out a water-saving device to residents in their next bill. d) that she will be meeting with Mamaroneck Village Mayor Noto and Larchmont Village Mayor Curnin next Tuesday afternoon to continue the dialogue relative to consolidation of services. -15- 4� e) that all residents have been invited by County Executive O'Rourke to attend a meeting on July 29th relative to proposed federal legislation with respect to deductibility of local property taxes. f) that the second issue of "On The Town" has been mailed and asked that anyone who did not receive a copy inform her office. g) that the 325th Anniversary Committee has scheduled September 28th for the opening day of said Anniversary activities and she urged all residents to reserve that date. h) on the invitation from the Gannett Westchester Newspapers to local officials to meet with them at a luncheon where they described in detail the new format of the Newspaper and asked for comments. REPORTS OF THE COUNCILMEN AND COUNCILWOMAN Councilman Bloom reported: a) on his recommendation as a member of the legislation Subcommittee that this Board go on record as not being in favor of proposed State legislation which would provide reimbursement to localities that adopted the previously enacted Veterans' Tax Exemption Law. b) his delight upon learning that with the advent of The Daily Times' new format for inclusion of more local news, this will afford the Town an increased opportunity to get its information to the public. Thereafter, he requested a detailed report on the costs of publishing and mailing "On The Town." Councilman Amlicke reported: a) on the recent meeting of the Hommocks Ice Rink Committee where it was determined what the scope of a consultant's work would be and enumerated the following: evaluate existing equipment; determine soil-bearing capacity; discuss alternatives for future facilities; the utilization of existing equipment; evaluate alternative uses of the facility; the estimation of cost; and funding. Councilman Amlicke noted that at the next meeting of the Committee, interviewing of consultants will take place and hopefully recommendations will be presented to the Board by November lst. b) on his concern about encroachments in the conservation areas and stream beds and asked if the consulting engineer has had an opportunity to meet with Cliff Emanuelson to review that matter. Mr. Altieri answered that such a meeting had not taken place as yet. c) on his interest in knowing the status of the Freshwater Wetlands Act and Dr. Mason responded that not much progress has been made because the County has not prepared the maps as yet. d) on the special meeting of the C.A.C. at which time Mamaroneck Village Manager Joseph Fraioli attended along with a Westchester County Representative and the matter of the composting site on Taylors Lane was discussed. He noted further that a final decision will be made by August 8th. -16- Councilwoman Silverstone reported: a) on the letter she wrote to Mayor Noto urging that action be taken regarding the rezoning of the property on Fenimore Road near the Town/Village line which was the subject of controversial development. b) on her second meeting with the Village of Mamaroneck during which she presented a summary of the negotiations with respect to the senior nutrition site being situated in the Town Center and the problems that have evolved over that period of time. c) that the Joint Planning Group will be meeting on the 4th Monday of this month and they are continuing to move ahead on the first phase of the Master Plan Update. Councilman Lerman asked the Town Administrator the status of the work to be done on the stone wall on Falls Road. Mr. Altieri explained that Mr. Pirnie's estimate was too high so he was asked to look into an alternative method which would be less expensive. ADJOURNMENT Supervisor Battalia adjourned the meeting in the memory of John Caputo, a retired member of the Town of Mamaroneck Police Department, at 11:02 p.m. Town Administrator Town Clerk -1:7-