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HomeMy WebLinkAbout1991_02_06 Town Board Regular Minutes M32R W OF THE REGULAR MEE N OF THE TOWN BOARD AMID BOARD OF FIRE COWUSSIONERS OF THE TOWN OF NlAMARONECK, HELD ON THE 6TH DAY OF FEBRUARY 1991 IN THE COURT ROOM OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD, MUMRONECK, NEW YORK CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 7:00 p.m., at which time the Board recessed into a Work Session. The Work Session held in Conference Room A to discuss the Affordable Housing Development Project and Habitat for Humanity was, on motion duly made and seconded, unanimously declared adjourned into Executive Session at 7:45 p.m. The Executive Session held in Conference Room A to discuss personnel, contract negotiations and litigation was, on motion duly made and = seconded, unanimously declared adjourned at 8:10 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 8:20 p.m. Present were the following members of the Board: Supervisor Caroline Silverstone Councilwoman Elaine Price Councilman John McGarr Councilwoman Kathleen Tracy O'Flinn Councilman Paul Ryan Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Counsel Michael Acocella, Fire Chief CALL TO ATTENTION Supervisor Silverstone pointed out to those assembled the locations of exits as required by law for public gatherings. February 6, 1991 PUBLIC HEARING - Amendment to the Tree Preservation Law The Supervisor Requested a motion to open the Public Hearing.On the proposed amendment to the Tree Preservation Law and, on motion by Councilwoman Price, seconded by Councilman Ryan, it was unanimously RESOLVED, that the Public Hearing be, and hereby is declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. Following a brief explanation by Town Counsel, Steve Silberberg, The Supervisor stated that a memo had been received from Claudia Ng of the Conservation Department. She noted that the memo advised that following review of the proposal, the Conservation Advisory commission suggested that with regard to waivers in section 76 A-S, some standards of criteria for discretion be delineated so as to protect both the property owner and the Town in its decisions. Discussion followed among Board members with regard to this section and a few residents asked questions about the Tree Preservation Law. The Supervisor then asked if anyone wished to comment in favor of or in opposition to the proposed amendment. There being no further comment, she asked for a motion to close the Hearing and, on motion by Councilwoman Price, seconded by Councilman McGarr, the Public Hearing was unanimously declared closed. Thereafter, on motion by Councilwoman Price, seconded by Councilman Ryan, it was unanimously RESOLVED, that this Board hereby amends Local Law No. 6 - 1990 Tree Preservation Law clarifying its purpose and intent with regard to dead or diseased trees and tree stumps on substantially wooded lots as follows: IOCAL LAW NO. 1 - 1991 A local law to amend Chapter 76 of Town Code - Tree Preservation Section 1. Purpose The purpose of this local law is to clarify the purpose and intent of the Tree Preservation Law, Local Law No. 10-1985, and to provide for exceptions to this law under appropriate circumstances. 2. S76 A-4 (A) shall be amended by adding a section (5) which shall read as follows: "(5) Where the trees to be removed are dead or so substantially diseased that, in the opinion of the Tree Commission, the tree constitutes a potential danger." 3. S76 A-5 (B) shall be amended by adding the following language: "On substantially wooded lots (lots containing 30 or more trees per acre meeting the requirements of S76 A-2 (A), the Tree Commission shall have the discretion of waiving the requirement of replacement of each tree in kind or payment of a fee.,, 2 February 6, 1991 4. 76 A-6 (B) shall be amended by adding the following language: "on substantially developed lots the tree Commission shall have the discretion, when it is not reasonably feasible to maneuver stump removal equipment to the location of a stump or where the stump is in close proximity to existing structures, to modify the provisions of this Paragraph with regard to stump removal." S. Severability Should any portion of this local law be declared illegal or otherwise unconstitutional by a Court of competent jurisdiction, such declaration shall not affect any other provision of this local law. 6. Effective date This local law shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Caroline Silverstone VOTING aye Elaine Price VOTING aye John McGarr VOTIM aye Kathleen Tracy O'Flinn VOTING We Paul Ryan VOTING aye The resolution was thereupon declared duly adopted. At this time, on motion by Councilman McGarr, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby requests the Tree Commission to submit a semi-annual review of their permits and waivers to the Town Council. BOARD OF FIRE CQMMISSIONERS The Meeting was called to order by Commissioner Silverstone at 8:40 p.m. in the Court Room. Present were the following members of the Commission: Commissioner Caroline Silverstone commissioner Elaine Price Commissioner John McGarr Commissioner Kathleen Tracy O,Flinn commissioner Paul Ryan 1. Commissioner O'Fli.nn presented fire claims for authorization of payment and on her motion, seconded by Commissioner Price, it was unanimously 3 February 6, 1991 I , I RESOLVED, that this CcM of the hereby authorizes payment following Fire Department claims approved by the Fire Chief and as audited by thetr011er's Office: .98 Excelsior Garage & Machine Works, -Inc.• $3,05 9.00 NYNEX Town of Mamaroneck Professional 102.18 Fire Fighters Association $3,166.16 I 2. Other Business t and extended Commissioner Silverstone thanked the Fire Depart congratulations for an Installation Dinner which everyone enjoyed, deeming it a "top notch,, affair. She went on to say h that at the last two fire council meetings, questions were raised with regard to whether or not Town employees could become members of the Volunteer Fire Department, and be excused to respond to business hours. Some discussion ensued on local fires during on motion by Councilwoman Price, this matter, after which time, seconded it was unanimously by Councilman McGarr, nMLVED, that this Board hereby grants approval for Town employees tlf to became members of the Town of Mamaroneck Volunteer Fire Department, r and to be excused in order to respond I to local fires during business hours. the proposed 'TIRE At this time was held concerning LANE LAW1 with a decision to refer it to the Traffic Committee for its February 25th meeting. o a joint c�mnissioner Silversto� stated g d that ire uptoimnissione�rs and the h 't held v� t' meeting was he joint meeting. .for Fire Council and she that tot it was work on an agenda and set a date. She ten suggested Fire Chief, Michael Acocella, informed the Board that the mini attacker was sold last week for $1,475. business to came before this Commission, on There being no other bus seconded by Commissioner McGarr, to motion by Commissioner Price, adjourned at s:5o p.m- meeting was unanimously declared i AFFAIRS OF THE TOWN _ o ry commission Appointments - Conservation A dvis i II 1• - Traffic Committee I�I and of Martha p,Flinn briefly described to background by councilwoman Rauftnan �°n her �fmoat and motion, Councilman Ryan, it was 4