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HomeMy WebLinkAbout1999_01_06 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, January 6, 1999 - Town Center Court Room - 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM and adjourn into an Executive Session to discuss personnel. CONVENE REGULAR MEETING CONVENE EXECUTIVE SESSION RECESS EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PUBLIC HEARINGS -Amendment- Local Law#3-1983- Defense and Indemnification of Officers and Employees -Amendment - Local Law#8-1992 - Erosion and sediment Control BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business ORGANIZATIONAL MATTERS APPOINTMENTS OF: Board of Architectural Review Board of Ethics Civil Officers Traffic Committee Trustees - Police Pension Fund Budget Officer SUPERVISOR'S APPOINTMENT Deputy Supervisor DESIGNATION OF: Town Board Meetings Official Newspapers Depositories of Funds and Bank Signatures Bank Signatures AFFAIRS OF THE TOWN 1. Authorization - 1999 Capital Project Schedule - Westchester Joint Water Works 2. Authorization - Intermunicipal Agreement -Westchester County - Multiple Enforcement for Traffic Safety 3. Authorization'- Consulting Agreement Noise Study 4. Certification of Arrears -Westchester Joint Water Works 5. Designation of Delegate -Association of Town's Annual Meeting 6. Salary Authorization - Recreation APPROVAL OF MINUTES - December 2, 1998 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings - January 27, 1999 - February 3, 1999 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. THE MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON WEDNESDAY, JANUARY 6, 1999 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK CONVENE EXECUTIVE SESSION Executive Session of the Town Board was duly opened at 7:00 PM in Conference Room A of the Town Center to discuss personnel. On motion duly made and seconded the Board adjourned at 8:15 PM to reconvene the regular meeting in the Court Room. CONVENE REGULAR MEETING The regular meeting of the Town Board was called to order by Supervisor Price at 8:20 PM. 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 CALL TO ATTENTION Supervisor Price pointed out to those assembled the locations of exits as required by law for public gatherings. PUBLIC HEARING —Amendment— Local Law#3— Defense and Indemnification of Officers and Employees The following notice was placed into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, January 6, 1999 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a proposed Local Law amending Article I of the Town Code of the Town of Mamaroneck, Defense and Indemnification. The purpose of the Local Law is to adopt supplemental defense and indemnification for officers and employees of the Town of Mamaroneck. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, the hearing was declared open. The Supervisor asked if anyone wished to speak either in favor of or against the adoption of this law. William O'Gorman, a Town Resident, said that he was against this law, adding that there should be more time to allow residents a longer interval to analyze the legal material. The Town Attorney explained to him that this law would protect individual members of the Town Board and staff who hold positions that should there be a decision by a court against January 6, 1999 them, would be paid through insurance coverage. If they were not so covered it could wipe them out financially. And the protection is when they are acting on Town matters. Councilman Ryan added that everyone seems to think of suing nowadays, and if you don't have coverage it puts you in a bad position as well as potentially wiping out your family's financial position too. This law would take away that threat. Supervisor Price then said that a lot of communities are following this same course of action; it's been endorsed by the Westchester Municipal Officials Association, and the Council of Governments. Its important that we not be intimidated by the threat of a lawsuit, enabling our volunteers and employees to do their job. Mr. O'Gorman said that he had a bone of contention with the Town Board holding an Executive Session to discuss personnel and felt that the public should be able to hear what is being discussed. The Attorney replied that he was protesting two entirely separate issues having no connection whatsoever to this law. When the Town Board goes into Executive Session to discuss personnel, they are required by law to keep the issues discussed confidential. If the Board decides they must take action of any sort then the vote taken and the action taken must be done at a public meeting. But the law before us tonight has absolutely no relationship with that issue. This law is to insure individual members of this Board, volunteers, and critical staff members against law suits brought about while working on Town matters. Councilwoman O'Keeffe said that in the Board's Executive Sessions on personnel it usually is to discuss raises, not on matters like this, but that final approval is always done in public. Supervisor Price asked if Mr. O'Gorman could explain or give an example of an incident that might be bothering him. Mr. O'Gorman replied that if you have an open government why then even have executive sessions. The Supervisor answered that personnel must have some privacy regarding certain issues, and the State has said that these issues are properly to be discussed only in Executive Sessions. They are private issues that could lead to litigation in many instances. Ernie Odierna said he supports the concept of protection of employees, volunteers and having been involved in situations like this, adding that no one would be willing to work for the government if all their assets were to be jeopardized. He then questioned the responsibility of the Attorney in the process. Ms. Indelicato explained that she would be the one to assess whether the person having a claim brought against them should be covered under this law. The Supervisor said this was added so as not to allow inappropriate acts to be covered; decisions will be discussed and made public. Thereafter, following a discussion regarding the changing of a phrase in the law `are always' -on motion of Councilman Ryan, seconded by Councilwoman Wittner, the hearing was closed. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, the following Local Law was unanimously adopted: Local Law 1 - 1999 This Local Law amends Article I of The Town Code of Mamaroneck Defense and Indemnification. WHEREAS, the Town Board of the Town of Mamaroneck adopted Local Law 1-1983 on October 19, 1983 conferring the defense and indemnification benefits provided by Chapter 277 of the Laws of 1981 also known as Section 18 of the Public Officers Law upon all officers and employees of the Town; and WHEREAS, Local Law 1-1983 provides that the benefits accorded under such enactment and such amendments are conferred on officers and employees subject to the conditions and limitations set forth therein. WHEREAS, the Town Board wishes to confirm its ongoing confidence in Town officers and employees in carrying out their respective responsibilities and duties in good faith and in the best interest of the Town, and to insure that the Town officers and employees acting within the scope of their employment shall be fully defended and indemnified by the Town against claims brought against them, by enacting defense and indemnification benefits in supplement to those provided under Section 18 of the Public Officers Law; now, therefore BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: 2 January 6, 1999 Section 1. A local law is hereby adopted providing for supplemental defense and indemnification of officers and employees of the Town of Mamaroneck to read as follows: Definitions As used in this section , unless the context otherwise requires: The term "Town" shall mean the Town of Mamaroneck, its departments and agencies The term "employee" shall mean any commissioner, member of a public board or commission, trustee, director, officer, employee, volunteer expressly authorized to participate in a publicly sponsored volunteer program, or any other person holding a position by election, appointment or employment in the service of the Town, whether or not compensated. The term "employee" shall include a former employee, his/her estate or judicially appointed personal representative. Supplemental Defense Upon compliance by the employee with the provisions of Section D of this Local Law, the Town shall provide for the defense of the employee in any civil administrative action or proceeding , state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his/her public employment or duties. This duty to provide for a defense shall not arise where such civil administrative action or proceeding is brought by or at the behest of the Town. Supplemental Indemnification The Town shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state of federal civil administrative action or proceeding, or in the amount of any settlement of a claim , provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his/her public employment or duties; provided further that in the case of a settlement the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the Town. The duty to indemnify and save harmless prescribed by this section shall not arise where the injury or damage resulted from intentional wrongdoing, maliciousness, or recklessness on the part of the employee. The Town shall indemnify and save harmless its employees in the amount of any costs, attorney's fees, damages, fines or penalties which maybe imposed by reason of an adjudication that any employee acting within the scope of his/her public employment or duties, has without willfulness or intent on his/her part, violated a prior order,judgment, consent decree or stipulation of settlement entered in any civil administrative action or proceeding of this state of the United States. The Town shall also indemnify and save harmless its employees in the amount of any punitive damages in accordance with the following procedure and such additional procedures as may be established by the Town Attorney as follows: Within twenty(20) says of employee's delivery of a summons, or complaint, process, notice, demand or pleading containing a demand for punitive damages, the Town Attorney shall make findings and an initial determination whether the employee should or should not be indemnified against any punitive damages, based upon the facts and circumstances then known to the Town Attorney as follows: Whether the employee's actions were or were not within the scope of his/her employment; Whether the employee's actions were or were not reckless, malicious, grossly negligent or otherwise outside of the standards required for employees holding comparable positions with the Town; Whether the employee's actions were or were no made in good faith in the best interest of the Town; Whether the employee did or did not willfully violate a clearly established provision of law or Town policy. In the event the Town Attorney is a named defendant in an action or proceeding or cannot serve for any other reason, the Town Administrator shall appoint another Town officer to serve in stead of the Town Attorney on the matter under review. In the event of a final judgment of punitive damages against the employee, the employee shall serve copies of such judgment personally or by certified or 3 January 6, 1999 registered mail within ten(10) days of entry upon the Town Attorney and upon the Town Clerk on behalf of the Town Board. The Town Board shall meet as soon as practicable in executive session to review, make findings taking into consideration and giving weight to the initial and any additional findings made by Town Attorney (provided the employee did not formerly misrepresent or omit material facts evidenced at trial), and determine if the following have been met, and if so met, shall appropriate the funds necessary to pay such punitive damages: The judgment of punitive damages based on an act or omission of an employee acting within the scope of his/her employment; At the time of the action or omission giving rise to the liability, the employee acted: without recklessness; without maliciousness; without gross negligence and otherwise within the standards required for employees holding comparable positions within the Town; (3) At the time of the act or omission, the employee acted in good faith and in the best interests of the Town; and At the time of the act or omission, the employee did not willfully violate a clearly established provision of law or Town policy. Deliberation, findings and determinations of the Town Attorney and Town Board shall remain confidential. The duty to defend or indemnify and save harmless prescribed by this local law shall be conditioned upon: Delivery by the employee to the Town Counsel of a written request to provide for his/her defense together with the original or a copy of any summons, complaint, process, notice, demand or pleading within 19 ten days after he/she is served with such document. The full cooperation of the employee in the defense of such action or proceeding and in defense of any action or proceeding against the Town bases upon the same act or omission, and in the prosecution of any appeal. The benefits of this local law shall inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party nor shall any provision of this local law be construed to affect, alter or repeal any provision of the Worker's Compensation Law. This Local Law shall not in any way affect the obligation of any claimant to give notice the Town under section ten of the Court of Claims Act, 50-e of the General Municipal Law or any provision of law. The Town Administrator is hereby authorized and empowered to purchase insurance from any insurance company created by or under the laws of this state. Or authorized by law to transact business in this state, against any liability imposed by the provisions of this local law, or to act as a self-insurer with respect thereto. All payments made under the terms of this local law, whether for insurance or otherwise, shall be deemed to be for a public purpose and shall be audited and paid in the same manner as other public charges. The provisions of this local law shall not be construed to impair, alter, limit or modify the rights obligations of any insurer under any policy of insurance. Except as otherwise specifically provided in this local law, the provisions of this local law shall not be construed in no way to impair, alter, limit, modify, abrogate or restrict any,immunity to liability available to or conferred upon any unit, entity, officer or employee of the Town by, in accordance with, or by reason of, any other provision of state or federal statutory or common law. Benefits accorded to employees under this local law shall be in supplement to defense or indemnification protection accorded the same employees by other enactment. If any provision of this local law or the application thereof to any person or circumstance to held unconstitutional or invalid in whole or in part by any court, such holding of unconstitutionality or invalidity shall in no way affect or impair any other provision of this local law or the application of any such provision to any other person or circumstance. 4 January 6, 1999 This local law shall apply to all actions or proceedings in which final judgment has not yet been entered. Section 2. This local law shall take effect upon its filing in the office of the Secretary of State pursuant to Section 27 of the Municipal Home Rule Law. PUBLIC HEARING —Amendment— Erosion and Sediment Control The following notice was placed into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, January 6, 1999 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a proposed Local Law entitled "Amendment to Section 95-10H of the Town of Mamaroneck Erosion and Sediment Control Act." The purpose of the Local Law is to clearly delineate the person or persons required on the signature block of a proposed erosion control plan. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the public hearing was opened unanimously. Supervisor Price asked if anyone had comments on this amendment. Councilwoman O'Keeffe asked why do we need to allow acceptance of more certifiers. Councilman Ryan said that this would save applicant money. Supervisor Price asked Councilwoman Wittner if the Coastal Zone Management Commission had reviewed the proposed amendment, noting that since The Coastal Zone Management Commission had spent two years drafting the law, their input was important. Councilwoman Wittner agreed that their comments would be important but they would not be meeting until the end of January so they had not had the opportunity to review the proposal. There then ensued a discussion on the wording and there was some confusion as to what the correct wording should be. Councilwoman Wittner said that on page 954 the word `by' should be added. And then asked the Attorney if the amendment was making the procedure less stringent. Ms. Indelicato answered that they were not changing the stringency just the ability of who could sign plans. The Supervisor read a letter received from James Fleming into the record: Supervisor Elaine Price and Members of the Town of Mamaroneck Town Council Town Center 740 W. Boston Post Road Mamaroneck, NY 10543 12.23.98 Re: Soil Erosion and Surface Water Runoff Control Law Proposed modifications To the Supervisor and Town Council Members: Looking forward to the public hearing, I would like to submit this letter voicing support of alterations to the subject local law. As a local professional who encounters the actual application of the intent of the local law on a fairly regular basis, I believe, as evidenced by the application of the law, some modifications to it, which will simplify the application process and actual implementation of the law "in the field,"should be considered and enacted. Speaking generally, the NYS Uniform Fire Prevention and Building Code, Part 1244 "Exterior property areas"presently requires"(a)Surface water shall be appropriately drained to protect buildings and structures, and to prevent ponding"as well as "(e) Ground cover shall be properly established to prevent undue soil erosion, due to the elements." Architects and Engineers designing structures or site work are presently 5 January 6, 1999 required to incorporate these items in their plans, and in complying with the above code sections, already are required to meet the predominant intent of the local law, here in the Town. Architects licensed by the State of New York are tested in this field for competency in designing site work related to buildings and their supporting land uses. Applications should be acceptable to the Town, based entirely upon the applying professional's own technical judgement, especially when that professional is the lead project design professional for small projects, such as single family residences and most especially additions to single family residences. Evidence indicates that under most local circumstances, normal, and regular construction practices more than adequately handle single-site erosion and drainage matters due to the process of construction and the elements. The following opinions are based on direct experience locally, and are offered in support of any efforts to simplify the permit process: The soil make-up in the built locality is similar across the board, and almost always returns acceptable percolation rates. An accurate assumption can be relied upon by the local design professionals for using this as a baseline for placing controls, thus eliminating costly field tests for each and every small parcel, or project. Tried and true subsurface drainage systems, such as drywells, sized as per industry standards adequately handle roof drainage. Eliminating unnecessary'design and permit fees to the owner for these items can be accomplished by review of the plan in the Town's Building Department. Just as all other aspects of the projects'design are reviewed, this procedure eliminates both services the Town must pay for, as well as the private homeowner's extra, unnecessary fees for unnecessary percolation tests, calculations, etc. for projects of such small scope(1000 S.F. or less.). (As an aside, too much subsurface water movement, from drainage can cause a multitude of other site problems, so, indeed, caution must be exercised in this respect as well.) Having spoken with several design professionals in the immediate locality, 1 want to reassure the Town that all support the intent of the law, and indeed were practicing the intent of this law prior to its inception. But I think I can speak for most when saying that some modification of the current law, by further scrutinization and fine tuning, will benefit both the Town and the local homeowners, by simplifying the process. Very truly yours James Fleming, RA, AIA James Fleming, then spoke saying that this change would also give more discretion to the Building Inspector and the law should lend itself to having the Architect sign the plans. There then was a discussion on the varying sizes of lots and costs involved now in the law, and on issues such as drainage, retention etc. Then they discussed the dates this meeting should be adjourned to, either the first or second meeting in February. Then on motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was decided to adjourn this hearing until the meeting of February 24, 1999. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 9:25 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 6 January 6, 1999 1. Fire Claims: Commissioner O'Keeffe presented fire claims for authorization of payment. Thereafter on Commissioner O'Keeffe's motion, seconded by Commissioner Wittner, 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. 894.95 AT&T 9.34 AT&T Capital 106.79 Bell Atlantic 492.64 Cleaning Systems 170.77 Clinton Kearney 225.00 Con Edison 2.06 Nick Condro 645.00 J &J Barish Specialty 80.00 MetroCom 483.80 William Premuroso 47.44 Printwear Plus 600.00 Sears 349.97 Town of Mam'k Prof. Fire Fighters 204.36 WJWW 646.98 TOTAL 4 959.10 There being no further business to come before the Commission, on motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the Commission unanimously adjourned at 9:30 PM. AFFAIRS OF THE TOWN 1. Authorization — 1999 Capital Project Schedule—Westchester Joint Water Works The Administrator said that WJWW would be performing local projects which would replace a fire hydrant along Weaver Street and replace 1100 feet of water main on Old White Plains Road at a cost to the Town of$97,200. He then said that Joint Projects to be included in the Capital schedule were renovations of WJWW Office Building, 12" Main replacement along Lincoln Avenue in Harrison, replacement of 140' of main under 1-95 at the Larchmont Toll Plaza, valve replacements on Purchase Street, 12" replacement of main on Cottage Avenue. The total cost of the Joint Projects is $490,000, of which the Town share is $104,400, the combined cost to the Town therefore is $201,600 which would be financed through Bond Anticipation Notes. On motion by Councilman Ryan, seconded by Councilwoman O'Keeffe it was unanimously RESOLVED, that the Town Board does hereby approve the joint improvement project No. 99-J.2 for office building renovations to provide space for the new SCADA system, improve utilization of existing space to improve efficiency and aesthetics, replace windows to reduce heat/air conditioning losses in order to increase comfort levels and decrease heating/cooling expenses, provide fire protection by installation of a fire sprinkler system and replace the roof at an estimated cost of$250,000; and BE IT FURTHER, RESOLVED, that the Town Board does hereby approve the joint improvement No. 99-J.3 which will replace the 14" main parallel to the Pine Brook Drain crossing under 1-95 adjacent to the Larchmont Toll Plaza with 16" main to be installed into the new 24" sleeve installed by the NYS Thruway Authority at an estimated cost of$72,000; and BE IT FURTHER, RESOLVED, that the Town Board does hereby approve the joint improvement No. 99-J.4 which will replace the 12" main on Old White Plains Bridge due to corrosion at an estimated cost of$74,000; and 7 January 6, 1999 BE IT FURTHER, RESOLVED, that the Town Board does hereby approve the joint improvement No. 99-J5 which will replace the 20" Valve Number 5 and 16" Valve Number 4 at the intersection of Purchase Street and the entrance to Texaco, Inc.,just south of the Hutchinson River Parkway. This will increase reliability of service in an emergency on their respective transmission mains at an estimated cost of $54,000; and BE IT FURTHER, RESOLVED, that the Town Board does hereby approve the joint improvement No. 99-J.6 which will provide water service to the existing residences on Cottage Avenue that are currently supplied by individual wells. To provide the necessary domestic and fire demands on an 8" water main is required. By upgrading the 8" main to a 12" main, the transmission capacity and reliability of the Rye Lake supply will be improved at an estimated cost of$40,000; and BE IT FURTHER RESOLVED, that the Town Board does also hereby approve the expenditure for the above-stated joint projects, the estimated cost totaling $490,000, of which the Town's share is not to exceed $104,400 without further notification and approval; and BE IT FURTHER, RESOLVED, that the Town Board does hereby approve capital improvement No. 99-2.1 which provides for the installation of a fire hydrant at the northern boundary of the Town of Mamaroneck at Weaver Street. The installation of a fire hydrant at this location will enable Westchester Joint Water Works to quickly connect fire hose to the Village of Scarsdale hydrant at Weaver Street and Cornell Street, to provide water to the Bonnie Briar Country Club and our customers north of the Sheldrake River Bridge, including the day care center, in the event of a water main emergency. An additional benefit is the increased fire protection to the area with this new fire hydrant at an estimated cost of$7,200; and BE IT FURTHER RESOLVED, that the Town Board does hereby approve capital improvement No. 99-2.2 which will clean and cement line 1,130 feet of 10" main on Old White Plains Road from the entrance to the Winged Foot Country Club to Wesleyan Avenue. This main was installed in 1929 and is contributing to the discolored water on Bruce Road. By removing the tuberculation that has built up, and applying a cement mortar lining, the discolored water problem will be addressed and the hydraulic capacity of the main will be increased at an estimated cost of $90,000; and BE IT FURTHER RESOLVED, that the that the Town Board does also hereby approve the expenditure for the above-stated capital projects of which the Town's estimated cost is not to exceed $97,200 without further notification and approval .2, Authorization — Intermunicipal Agreement—Westchester County— Multiple Enforcement for Traffic Safety The Administrator said that authorization is being requested to execute an agreement with the County of Westchester to renew our participation in the traffic safety enforcement program. Under the Agreement the Town will be reimbursed up to a maximum of$2800 for enforcement of seat belt regulations, child seat and bicycle helmet laws. He recommended that the Town continue in the program. On motion by Councilman Ryan, seconded by Councilwoman Wittner it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize entering into an Intermunicipal Agreement with the County of Westchester to renew the Town's participation in the multiple enforcement programs for injury prevention to motorists, and BE IT FURTHER. RESOLVED, that under the program, the Town will be reimbursed a maximum of$2,800 for enforcement of seat belt regulations, child seat regulations and bicycle helmet laws, and BE IT FURTHER 8 January 6, 1999 RESOLVED, that the Town Board does hereby authorize the Town Administrator to execute the above-said agreement on behalf of the Town. 3. Authorization —Consulting Agreement Noise Study Mr. Altieri said that as the board is aware we have been working with the thruway authority regarding the issue of noise in the town caused by thruway traffic. Our work to date has been to assist the residents of Northbrook Road and Harmon Drive. The thruway authority has agreed to install sound barriers on both of these streets in 1999. In order to make the best case to the Authority the Town retained a consultant to make sound readings on Northbrook Road and Harmon Drive. He said that It appears now that there is a growing concern for thruway noise from the residents of Palmer Avenue and Howell Park. Also, residents on Hickory Grove Drive are concerned over the growing noise levels from the Thruway. The noise problem on Palmer Avenue is further aggravated by the train traffic along the New Haven branch of the Metro North system. Train noise is becoming more of a problem as the number of freight trains increases along this line. We can also expect in the next few years a high speed Amtrak train that will run from Boston to Washington. Therefore, before we go back to Thruway Authority and Federal officials, it would be appropriate to take further sound readings from rear yards on Palmer Avenue and on Hickory Grove Drive. Attached is a proposal from Acoustic Dimensions to provide the sound analysis. Acoustic Dimensions will provide 24-hour sound readings at the two locations, as well as an analysis of the findings. The analysis will include a comparison of actual readings to Federal highway administration guidelines and ANSI standards. The total fee for the work will be $6,500. Acoustic Dimension is prepared to complete this work within the next two weeks. If approved by the Town Board, authorization will be required to enter into an agreement with Acoustic Dimensions. In response to a question from a resident, the Supervisor said that this would in no way affect the schedule in place for the concrete barriers to be installed in the summer along Harmon and Northbrook. She said the residents in that area would be receiving a letter from Chris Wade regarding the barriers. She added that there would be wood screening put in along the train station area beginning either in March or April to be completed in July and August. A letter to residents of 14 North Chatsworth would be sent. She said that she had spoke with Chris Wade and he told her that the design has begun on the concrete barriers to be placed along the Harmon, and Northbrook area. There then was a lengthy discussion regarding the times and locations of the noise study. Then, on motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize entering into the Consulting Agreement Acoustic Dimensions, Larchmont, NY for them to conduct a noise study at a total cost not to exceed $6,500; and BE IT FURTHER. RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. 4. Certification of Arrears—Westchester Joint Water Works The Administrator said this authorization would allow for water bills currently in arrears to be added to tax bills for the properties in question. On motion of Councilman Weprin, seconded by Councilwoman Wittner, the following was unanimously adopted and authorized: Pursuant to Chapter 654 of the Laws of the State of New York of 1927, as amended, and to the resolution of the Board of Trustees of the Westchester Joint Water Works at a meeting held on September 22, 1998, a certified copy of which is attached, we are submitting herewith a list of arrears for water charges to the various properties in the Town of Mamaroneck as of June 30,1998 and remaining unpaid on the date of September 10, 998, identified by block and parcel numbers of the assessment rolls of the Town of Mamaroneck as prepared by the Manager and verified by the Office Manager and certified 9 January 6, 1999 to by the Chairperson of the Board of Trustees of the Westchester Joint Water Works and the Clerk thereof, for the purpose of inclusion in the 1998 tax levy of the Town of Mamaroneck, in the aggregate amount$415.38. WESTCHESTER JOINT WATER WORKS 1625 Mamaroneck Avenue Mamaroneck, New York 10543 To Be Certified To the Receiver of Taxes For the Municipality of the Town of Mamaroneck DISTRICT#2 For Amounts Due as of October 30,1998 Amount Customer Name Account Number Premises Number Section Block Lot Due L. Lopane&Nicoletta 203-2210-12688 50 N Chatsworth Ave 0001 0133 0087 $147.60 Joseph E.Van Valen 208-2380-02371 164 Rocky Road 0000 0214 0459 267.75 TOTAL $415.38 5. Designation of Delegate—Association of Town's Annual Meeting Supervisor Price requested that she be authorized to attend this meeting and that she also be allotted funds to attend a special class that she had an interest in. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Supervisor to be the delegate to the Association of Towns meeting to be held in New York City February 14, through 17, 1999. 6. Salary Authorization — Recreation On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was unanimously, RESOLVED, that as provided for in the 1998 Town Budget, authority is hereby given for the payment of salary to the following: Jeremy Lynch, Lifeguard, Hommocks Pool, $6.50/hour, effective retroactive 12/15/98. ORGANIZATIONAL MATTERS APPOINTMENTS BOARD OF ARCHITECTURAL REVIEW RESOLVED, that Pamela T. Washington is hereby reappointed a member of the Board of Architectural Review, to serve a term of office of three years, effective January 1, 1999 terminating on December 31, 2000. (should have been reappointed on 12/97) RESOLVED, that Robert Immerman is hereby reappointed a member of the Board of Architectural Review, to serve a term of office of three years, effective January 1, 1999 and terminating on December 31, 2001. BOARD OF ETHICS RESOLVED, that Anna Reisman be, and she hereby is reappointed Chairman of the Board of Ethics for the year 1999; and 10 January 6, 1999 BE IT FURTHER RESOLVED, that she is hereby reappointed as a member of the Board of Ethics, to serve a term of office of three years, effective January 1, 1999 and terminating on December 31, 2001; and BE IT FURTHER RESOLVED, that Robert P. Degen is hereby reappointed as a member of the Board of Ethics, to serve a term of office of three years, effective January 1, 1999 and terminating of December 31, 2001. CIVIL OFFICERS: RESOLVED, that Jay Reynolds is hereby reappointed as a Civil Officer of the Town of Mamaroneck to serve a term of office of one year, effective January 1, 1999 and terminating on December 31, 1999; and BE IT FURTHER RESOLVED, that Joseph Mitchell is hereby reappointed as a Civil Officer of the Town of Mamaroneck to serve a term of office of one year, effective January 1, 1999 and terminating on December 31, 1999; and BE IT FURTHER RESOLVED, that Daniel Tutolo is hereby reappointed as a Civil Officer of the Town of Mamaroneck to serve a term of office of one year, effective January 1, 1999 and terminating on December 31, 1999. TRAFFIC COMMITTEE RESOLVED, that Richard Mari be and he hereby is reappointed as a member of the Traffic Committee, to serve a term of office of three years, effective January 1, 1999 and terminating December 31, 2001; and BE IT FURTHER RESOLVED, that Donald Derrico be and he hereby is reappointed as a member of the Traffic Committee, to serve a term of office of three years, effective January 1, 1999 and terminating December 31, 2001. TRUSTEES - POLICE PENSION FUND RESOLVED, that Supervisor Price and Councilman Ryan be, and they hereby are appointed Trustees of the Police Pension Fund of the Town of Mamaroneck for the year 1999; and BE IT FURTHER RESOLVED, that Carmine A. DeLuca be and he is appointed Treasurer of the Police Pension Fund of the Town of Mamaroneck for the year 1999. BUDGET OFFICER RESOLVED, that the Supervisor hereby appoints Stephen V. Altieri, Town Administrator as Budget Officer for the year 1999. DEPUTY SUPERVISOR RESOLVED, that pursuant to the Supervisor's 11 January 6, 1999 recommendation Paul Ryan be and he is hereby appointed Deputy Supervisor of the Town of Mamaroneck for the year 1999 to serve in the absence of the Supervisor. TOWN BOARD MEETINGS RESOLVED, that the regular meetings of the Town Board be held in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck at 8:15 PM on the first and third Wednesdays of each month except when only one meeting will be held in July and August said dates to be scheduled at a later time; and BE IT FURTHER RESOLVED, that said meetings, dates and places may be changed at the pleasure of the Board upon adequate notice being given. OFFICIAL NEWSPAPERS—This item was held over. Councilman Weprin said that he thinks that other options should be studied before we just opt for designating The Journal News once again as our official paper. He said they don't cover any of our meetings and very little coverage of our community at all. He requested that the Administrator look into the costs of putting legals into other NY papers Supervisor Price thanked the Soundview News for their coverage and especially thanked St Clair Richard who ensured that our community news gets out. DEPOSITORIES OF FUNDS: RESOLVED, that the following banks and trust companies are hereby designated as depositories for funds of the Town of Mamaroneck for the year 1999 to be continued in their present status: MBIA CLASS Investments, Armonk The Bank of New York County Trust Region The Chase Manhattan Bank, NA Fleet Bank, NA Hudson Valley Bank First Union Bank BANK SIGNATURES: RESOLVED, that all authority heretofore granted to withdraw funds from and to draw checks, drafts and other orders upon the Town of Mamaroneck accounts maintained at the aforesaid banks hereby is rescinded and revoked and hereafter such withdrawals, checks, drafts and other orders shall be authorized when signed by signature or facsimile signature of the Town Supervisor or Deputy Supervisor and Comptroller, or Deputy Comptroller; and BE IT FURTHER RESOLVED, that all withdrawals, checks, drafts and other orders relative to the Community Services Discretionary Fund located at the Bank of New York shall be authorized when signed by the signatures of Kathie Kopa, Director of Community Services, and Stephen V. Altieri, Town Administrator. APPROVAL OF MINUTES — December 2, 1998 On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of December 2, 1998, as amended. Oral Communications 12 January 6, 1999 Ernie Odierna congratulated the Town for the pickup schedules, he said that it was the cleanest Christmas and New Years he had ever seen. Supervisor Price said that was an indication that the system was working. Councilwoman Wittner said it was; that plus a couple hundred phone calls! ADJOURNMENT The meeting was adjourned at 10:20 PM in memory of Gary Allen who was a police officer for the Village of Mamaroneck, the Supervisor said that he was only 44 years old, he had won the prestigious Macy Award, was a member of the Mamaroneck Elks, and always had a great sense of humor, he would be missed. Submitted by Patricia A. DiCioccio, Town Clerk C:1MSOffice\Winword\MINUTES199minfl01-06-99x.doc 13