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HomeMy WebLinkAbout1988_12_07 Town Board Minutes 277 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 7TH DAY OF DECEMBER 1988 IN THE COURT ROOM OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 7:00 p.m. , at which time the Board recessed into Executive Session. The Executive Session was held in Conference Room A to discuss matters of personnel and real estate, after which, on motion duly made and seconded, it was unanimously declared adjourned at 8 :20 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 8:25 p.m. in the Court Room. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilwoman Caroline Silverstone Councilman Stephen C. Chapin Councilwoman Elaine Price Councilman John McGarr Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Edward M. Lieberman, Town Counsel Richard Tortorella, Fire Chief William McDermott, 1st Deputy Fire Chief CALL TO ATTENTION Supervisor Battalia pointed out to those assembled the locations of exits as required by law for public gatherings. December 7, 1988 78 BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8 :30 p.m. in the Court Room. Present were the following members of the Commission: Commissioner Dolores A. Battalia Commissioner Caroline Silverstone Commissioner Stephen C. Chapin Commissioner Elaine Price Commissioner John McGarr 1. Fire Claims Commissioner Price presented fire claims for authorization of payment and on her motion, seconded by Councilman Chapin, 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. $ 991. 01 Belcher Co. of N.Y. , Inc. 258 .64 Brewers Hardware 162. 05 ESCO 25.00 Larchmont Auto Parts Dist. , Inc. 7. 14 Lawrence Heat & Power Corp. 322.86 Motorola 104.40 NYNEX 9 .00 Town of Mamaroneck Professional Fire Fighters Association 102.18 Town of Mamaroneck Professional Fire Fighters Association 102.18 Tri-City Auto Parts 64.01 Tri-City Auto Parts 9.80 $2,158 .27 At this time Councilwoman Price questioned the status of a claim submitted last month for $400 .00 for flag pole plantings, to which the Fire Chief responded that at the present time they had not yet received any breakdown from the claimant. ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Silverstone, seconded by Commissioner Chapin, the meeting was unanimously declared adjourned at 8 :40 p.m. PUBLIC HEARINGS - Mechanical Amusement Device Law - Amendment to Zoning Ordinance-Rock Ridge Road - 1989 Preliminary Budget 2 279 December 7 , 1988 Mechanical Amusement Device Law The Supervisor requested a motion to reopen the Public Hearing on the adjourned Mechanical Amusement Device Law and on motion by Councilman Chapin, seconded by Councilman McGarr, 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. Town Counsel, Edward Lieberman, stated that following some comments made at the last Public Hearing, the law was somewhat revised and the zoning ordinance was amended to permit mechanical amusement devices as accessory uses in a business zone only. He went on to explain that any person wishing to use these machines would require a license for both the premises and each machine, with the only two exceptions being for special charitable events of no more than five days, and where they may be on the premises of private membership clubs for use by members and bonafide guests. He noted that these mechanical amusement devices may never be used for gambling and that there is a limit to two conforming machines per premise. Mr. Lieberman outlined hours and days of use for the machines, and clarified that no premises may display them within 600 feet of a church, public or parochial school playground. In conclusion, Town Counsel advised that clause, 47-7 (1) c requiring a copy of the license to be posted on the device, had been omitted since it placed the license out of the owner's control and where it could easily be removed by anyone. The Supervisor asked if anyone wished to address the Board in favor or opposition of the proposed legislation, or whether anyone wished to make any comments. No one wished to speak and Supervisor Battalia asked for a motion to close. On motion by Councilman McGarr, seconded by Councilwoman Price, the Public Hearing was unanimously declared closed. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilwoman Price, 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. 8-1988 and has heard all persons desiring to be heard thereon; NOW, THEREFORE BE IT RESOLVED, that this Board hereby repeals Local Law No. 2-1981 and adopts Local Law No. 8-1988 to be known as Chapter 47 "Mechanical Amusement Devices" and orders that said Local Law as adopted and herewith inserted, be made a part of the Minutes of this meeting. 3 280 December 7, 1988 LOCAL LAW NO. 1988 :. AN ACT to amend the Town Code of the Town of Mamaroneck to regulate the location and operation of Mechanical Amusement Devices in the Town of Mamaroneck. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1. Local Law No. 2 of 1981 is hereby repealed and replaced by a new law, to be known as Chapter 47 "Mechanical Amusement Devices" to read as follows: 47-1.Definitions of Terms. As used herein the following words shall have the meanings set forth below: (a) The term "mechanical amusement device" shall mean any machine, which, upon the payment of a charge or upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include, but is not limited to, such devices as marble machines, pinball machines, skill ball, mechanical grab machines, electronic bowling machines, electronic baseball, football, hockey or basketball machines, video games, any and all air-propelled machines or games, pool tables, shooting games, and all games, operations or transactions similar thereto, under whatever name they may be indicated, whether or not electronically operated. This definition shall be deemed to include the terms "machine" or "device" where such terms are used herein. (b) The terms "person", "firm", "corporation" or "association" as used herein shall include the following: any person, firm, corporation or association which owns, rents or leases any such machine; the person, firm, corporation or association in whose place of business any such machine is placed for use by the public; and the person, firm, corporation or association having control over such machine. 47-2.Gambling Devices Not Permitted. Nothing in this Local Law shall in any way be construed to authorize, license or permit any gambling devices whatsoever or any mechanism that has been judicially determined to be a gambling device or in any way contrary to existing or future local,, state or federal laws or regulations; nor shall this Local Law be construed to permit the use of a mechanical amusement device, as defined herein, as a gambling device. 47-3.License Required. Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical amusement device as defined herein by Section 47-1, shall be required to obtain a license from the Town of Mamaroneck upon payment of a 'license fee. Application for such license shall be wade to the Town Clerk upon a form to be supplied by the Clerk for that purpose. 47-4.Application. The application for such license shall be made to the Town Clerk and shall contain the following information: (a) Name and address, age, date and place of birth of the applicant. No license shall be issued to any applicant unless he shall be over twenty-one (21) years of age. (b) Prior criminal convictions of applicant, if any. (c) Floor plan of place where machine or device is to be displayed or operated and the business conducted at that place. 4 281 - __ --December 7-, 198-8- (d) Description of machine to be covered by the license, mechanical features, name of manufacturer, name of game. 47-5.Inspection. The application for a license hereunder shall be made out in four copies, one copy to be referred to the Commissioner of Police, one copy to the Building Inspector, III one copy to the New York Board of Fire Underwriters, and one copy to be maintained by the Clerk. (a) The Commissioner of Police shall investigate the applicant proposing to operate such machine, and ascertain if the applicant has a record of criminal convictions, and shall either approve or disapprove the application if, in his opinion, the criminal history of an applicant warrants a denial of the application, in the interests of the public health, safety and welfare. (b) The New York Board of Fire Underwriters shall inspect all wiring and connections to the machine, determine if the same complies with the National Electrical Code and shall approve the application only if it finds no violations of said Code. (c) The Building Inspector shall investigate the establishment and location where the machine is proposed to be located for compliance with . applicable zoning, building and fire code regulations, and shall recommend approval only if said location and establishment complies in all respects with said regulations. III (d) No license shall be issued to any applicant unless approved by the Commissioner of Police, the Board of Fire Underwriters and the Building Inspector. (e) Any applicant whose application for license has been denied shall have the right to appeal said decision to the Town Board of the Town of Mamaroneck at a meeting thereof, and the same may be granted or refused by the said Board, in its discretion. 47-6.License Fees. Every applicant, before being granted a license, shall pay an annual license fee of Twenty-five Dollars ($25.00) for the privilege of operating or maintaining for operation each mechanical amusement device as defined in Section 47-1 herein, and further shall pay an annual license fee of Fifty Dollars ($50.00) for maintaining premises that contain said devices. Each license granted hereunder shall be granted for an annual term running from January 1st to December 31st of that year. 47-7.Display of License (1) Device License: (a) The device license or licenses provided herein for shall be posted conspicuously in the premises wherein the device is to be operated or maintained to be operated. (b) Not more than one machine shall be operated under one license and the applicant or licensee shall be required to secure a license for each and every _ machine displayed or operated by him. 5 . 28? — December 7, 1988- (2) Premises License: -__-- • (a) A premises license shall not be transferrable from person to person nor place to place, and shall be usable only at the place and by the person designated in the license. 47-8.Prohibitions and Restrictions. (a) No person, firm, corporation or association shall permit the operation of mechanical amusement devices within six hundred (600) feet of any church, public or parochial school, or playground. (b) Except as set forth below, no person, firm, corporation or association may receive a license to operate more than two (2) mechanical amusement devices. (c) On all premises where more than two (2) licensed mechanical amusement devices are located on the date of adoption of this local law, the following standards must be met: 1) There must be twenty (20) square feet of floor space for each licensed mechanical amusement device. This square footage may not include areas devoted to other uses such as passageway, dining rooms, food preparation and service areas, ingress and egress areas, lavatories, and the like; 2) The mechanical amusement devices must be segregated from other uses, such as dining; by a solid wall with no openings to exceed forty-four (44) inches in width per opening and no more than two openings per device area, unless more are required as a means of egress by the New York State Uniform Fire Prevention and Building Code; (d) No person, firm, corporation or association shall permit the operation of any mechanical amusement device except during the following hours: Sunday through Thursday: 8:00 A.M. to 11:00 P.M. Friday, Saturday, Holiday eves, school holidays and vacations (other than a night preceding a school day) : 8:00 A.M. to 1:00 A.M. (e) No person, firm, corporation or association shall permit children under the age of fourteen (14) years to operate a mechanical amusement device during school hours, unless accompanied by a responsible adult. 47-9.Every license issued under this Local Law is subject to the right of the Town Board, which is hereby expressly reserved, to revoke the same should the licensee, directly or indirectly, permit the operation of any mechanical amusement device contrary to the provisions of this Local Law, the Laws of the Town of Mamaroneck, or the Laws of the State of New York or the United States.A notice of proposed revocation shall be served by the Town Clerk, or a designee of the Town Clerk, upon the person or entity named in the license application by mailing a copy, Certified Mail - Return Receipt Requested, to the address set forth in the license application. The notice shall indicate that a hearing on the, proposed revocation will be held at the next regularly 6 283 December 7, 1988 - scheduled meeting of the -Town-Board of-the Town of Mamaroneck, or at such other time as the Town Board may direct. Said hearin g shall be conducted by the Town Board or its designee. After giving the licensee an opportunity to be heard, or upon the licensee's default, the Town Board may revoke, modify or suspend any license granted under this law. Such suspension, modification, or revocation shall be based upon the licensee's failure to comply with the requirements of this Local Law, other applicable Laws of the Town of Mamaroneck, the County of Westchester, and the State of New York. 47-10.Seizure and Destruction of Machine. If the Police Commissioner shall have reason to believe _any mechanical amusement device is used as a gambling device, such machine may be seized by the police and impounded, and if, upon trial of the exhibitor for allowing it to be used as a gambling device, said exhibitor be found guilty, such machine shall be destroyed by the police. 47-11.Penalty. Any person, firm, corporation or association violating any of the provisions of this Local Law, in addition to the revocation of his or its license, shall be liable to a fine or penalty of not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00) for each offense. Each day such violation shall exist shall constitute a separate violation of this law. Each unlicensed device shall contribute a separate violation hereof. 47-12.Exemptions. This Local Law shall not apply to, and no license shall be required for, the operation of mechanical amusement devices of the kind, or purpose herein specified: (a) For special events, not exceeding five (5) days in duration, wherein the proceeds therefrom are to be devoted exclusively to charitable, benevolent or religious purposes. (b) Where the operation thereof is upon the property and premises of a private membership club and for the sole enjoyment of its members or their guests; provided, however, that said exemption will terminate if said private membership club operates any mechanical amusement devices for the use and enjoyment of the general public, or for gambling or other illegal purposes. 47-13.Non-conforming Devices. All persons, firms, corporations or associations as described in Section 47-1 (b) which display or operate devices which do not conform to the provisions of Section 47-8 (b) of this Local Law at the date of its adoption may continue said operation as a non-conforming use in the same way and to the extent that lawfully existed at their location as of the date of the adoption of this Local Law, subject to the provisions of Section 47-8 (c) hereof. 47-14.Repeal of Conflicting Ordinances. All existing Local Laws or ordinances of the Town of Mamaroneck are hereby repealed insofar as they may be inconsistent with the provisions of this Section. 47-15.Severability of Provisions It is the intention of the Town Board that each separate provision of this Local Law shall be deemed independent of all other provisions herein, and it is further the intention of the Board that if any provisions of this Local Law be declared invalid, all other provisions thereof remain valid and enforceable. 7 - i December 7, 1988 284 2. Subsection C of Section 89-28 of the Town Code of the Town of Mamaroneck is hereby amended by adding thereto a new Subparagraph (3) to read as follows: (3) Mechanical Amusement Devices, subject to the following - conditions: (a) Said devices, and the premises in which they are placed, shall have received a license as provided in Chapter 47 of the Town Code, and be operated in accordance with regulations set forth therein; (b) Not more than two (2) licensed mechanical amusement devices shall be permitted for any principal use; (c) No Mechanical Amusement Devices shall be permitted within 600 feet of any church, public or parochial school or playground. §3. Section 89-3 of Chapter 89 of the Town Code of the Town of Mamaroneck is hereby amended by adding the following ( to be placed between the definitions of "LOT LINE, FRONT" and "MOTEL") : MECHANICAL AMUSEMENT DEVICE - Any machine, which, upon payment of a charge;''-or upon the insertion of a coin, slug, token, plate or , disk, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include, but is not limited to, such devices as marble machines, pinball machines, skillball, mechanical grab machines, electronic bowling machines, electronic baseball, football, hockey or basketball machines, video machines, any and all air-propelled machines, pool tables, shooting galleries, and all games, operations or transactions similar thereto, under whatever name they may be indicated, whether or not electronically operated. §4. This act shall take effect January 2, 1989. * * * * * * * * 8 December 7, 1988 285 • Amendment to Zoning Ordinance - Rock Ridge Road Supervisor Battalia mentioned that this Public Hearing is an adjourned Hearing for an amendment to rezone the steet known as Rock Ridge Road and she requested a motion to open the Hearing. On motion by Councilman Chapin, seconded by Councilman McGarr, 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, after which Councilwoman Price removed herself from both the discussion and decision since she resides on Rock Ridge Road. Town Counsel updated on how Rock Ridge Road was upzoned in error back in July of 1986, and outlined the proposed legislation to rezone it back to the R-7.5 range. He pointed out on a map those lots involved, recommendations made by the Coastal Zone Management Commission, and proposals considered. Supervisor Battalia commented that Board members had received a memorandum from the Building Inspector which set forth seven points he believes relevant with respect to whether all the parcels should be rezoned back or a portion left R-30. She added that this was the basic question left from the last Hearing, there was no question that the Board would rezone back, the question was whether they would rezone all of the parcels back. Councilman Chapin stated that due to the excellent job done by the Building Inspector of clarifying information and concluding that all the lands could reasonably be rezoned R-7.5 , he agrees with the Inspector and would make a motion to rezone all the area back to R-7.5. Councilman McGarr and Supervisor Battalia voiced their agreement to this also. The Supervisor then asked if anyone wished to comment in favor or against. Mr. Glazer, a resident of Rock Ridge Road, asked that the seven points made by the Building Inspector be read aloud, which was done by Supervisor Battalia. No one else wished to comment and the Supervisor asked for a motion to close the Hearing. On motion by Councilman McGarr, seconded by Councilman Chapin, the Public Hearing was unanimously declared closed. At this time, Counsel Lieberman explained that rezoning is considered a Type I action and even if a negative declaration is adopted, it will be subject to a fifteen day comment period after posting of the notice of negative declaration. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, the following resolution was unanimously adopted: WHEREAS, the rezoning of certain parcels of land located on Rock Ridge Road is considered a Type 1 action under the Town of Mamaroneck Environmental Quality Review Act and; 9 December 7, 1988 286 WHEREAS, after review of the proposed rezoning pursuant to the State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM, 617.21, we have determined that said rezoning will not result in any environmental impact for the reasons stated below: 1 . For many years prior to 1986 , the area in question was located in an R-7 .5 zoning district; 2. That all of the lots abutting Rock Ridge Road were developed during the period prior to 1986--under the the R-7 .5 designation; 3. That the rezoning in 1986 resulted in making virtually all properties along Rock Ridge Road non-conforming; 4. That the Town Board has been advised by letter from the Coastal Zone Management Commission and the Westchester County Department of Planning that the 1986 rezoning was in error, and contrary to the policies of the L.W.R.P. ; 5 . That we have been advised by the Building Inspector that very few, if any, additional homes could be built even if the area is rezoned to R-7.5, and any such construction could be conditioned upon environmental safeguards; 6. In addition, our zoning ordinance specifically states the zoning district boundary lines are intended to follow lot lines; NOW, THEREFORE BE IT RESOLVED, that based upon the above findings the proposed action will not result in any environmental impacts, merely returning the area to the status quo ante, and will conform to the spirit of the zoning ordinance; AND BE IT FURTHER RESOLVED, this Board hereby declares that a Negative Declaration be made relative to amendment of the Zoning Ordinance of the Town of Mamaroneck designating certain lots within the Rock Ridge Road area from R-30 to R-7 .5. 10 December 7, 1988 Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman McGarr, 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. 9-1988 and has heard all persons desiring to be heard thereon; NOW, THEREFORE BE IT RESOLVED, that this Board hereby adopts Local Law No. 9-1988 AN - ACT to amend the Zoning Ordinance of the Town of Mamaroneck to provide for changes in the Zoning Map to change the zoning designation of certain lots in the Town of Mamaroneck from R-30 to R-7.5 and orders that said Local Law as adopted and herewith inserted, be made a part of the minutes of this meeting: _ - --------- ------ ----- --- - ----- LOCAL LAW NO. 1988 AN ACT to amend the Zoning Ordinance of the Town of Mamaroneck to provide for changes in the Zoning Map to change the zoning designation of certain lots in the Town of Mamaroneck from R-30 to R-7.5. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1. The Official Zoning Map of the Town of Mamaroneck, New York as last revised December 1986, shall be amended by inserting the map changes which are annexed hereto and made a part hereof. §2. The following tax lots shall be rezoned from R-30 to R-7.5: Block 412, Lots 411, 596, 588, 581, 573, 566, 558, 542, 260, 250, 241, 338, 347, 356, 357, 231, 221, 210, 203, 197, 191, 179, 171, 164, 152, 143,, 612, 620, 627, 633, 644, 648 and Block 928, P/0 Lot 661.2. §3. Severability: Should any provision, or part, thereof, of this law be determined invalid by any Court of competent jurisdiction, such determination shall not effect any other provision of this Local Law. §4. This Local Law shall take effect immediately. • r 11 • December 7 , 1988 288 1989 Preliminary Budget Supervisor Battalia requested a motion to open the Public Hearing. On Motion by Councilwoman Silverstone, seconded by Councilman McGarr, 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. The Administrator then explained the Preliminary Budget and why a Public Hearing is held and went on to detail the components of the 1989 budget. The Supervisor asked if anyone had any questions or any comments in favor or in opposition. Some discussion ensued, with the Administrator fielding questions from the Board and some residents, notably Mr. and Mrs. Glazer. Supervisor Battalia noted that this document represents the initial budget presented by the Comptroller and the Administrator and is the end result of five work sessions by the Board, some of which many residents attended, including Mrs. Glazer, and, she concluded, they are extremely pleased with it. Councilwoman Price mentioned that she, being new to the Board, found this a tremendous learning experience and she wished to thank the Comptroller, Carmine DeLuca, for his patience, consistency and attention to detail and, she emphasized, these attributes apply equally to Administrator Altieri, who had given her a quick course in budget management. She commended John McGarr who, in joining the Board recently, brought a tremendous amount of experience from the Village of Larchmont, and commended also the entire Board on how well they conduct themselves and work through the budget, detail by detail, noting how impressed she was and how much she had learned. She thanked everyone for the experience. Supervisor Battalia explained that she felt this was a reflection of the fact that the Town went to a professional form of government and credited Councilwoman Silverstone as a lead person in pushing for this. She added that with the guidance of Management Advisory, they had instituted a number of policies and procedures now followed with respect to the budget, inclusive of a good deal of long-range planning which is very much reflected in the document and in services still able to be provided at a time when neighboring communities are coming in at a great deal higher. She remarked that they have yet to learn of the impact of the County budget because they have not learned the extent of the levy but that last year it had been 14% and the previous year 11%. Councilman McGarr commented on the budget process, noting that this had been the first time he had gone through it in the Town, and emphasized that next year he would like to see more people attend the budget sessions because it is not just a matter of going through the numbers of the document, but through the interaction of the members of the Board, Administrator, Director of Finance, and Department Heads, in terms of understanding the assumptions of revisions of future operations. He went on to thank Councilwoman Price, Mr. Altieri, Mr. DeLuca and the Board. 12 289 December 7, 1988 Councilwoman Silverstone explained that when they selected Councilman McGarr to sit on the Board, they knew he was going to be good, but he turned out to be better even than they thought and, she added, it has been a pleasure working with him. She went on to say that she thought the Board ended up struggling to add money to the budget more than cut it this year because they were really concerned about a number of things such as the conditions of sidewalks and curbs, in some cases about the conditions of roads, the condition of the Brook and the Duck Pond. She stated that they really want to shape up the Town and while Mr. Altieri presented them with a very tight budget they fought to put some money back into it but still kept it to a very reasonable level of increase. The Supervisor asked if anyone had any additional comments. There being none, she asked for a motion to close the Public Hearing and on motion by Councilman Chapin, seconded by Councilman McGarr, the Public Hearing was unanimously declared adjourned to the meeting of December 20th. APPROVAL OF MINUTES The Minutes of the Regular Meeting of November 2, 1988 were presented and on motion Councilwoman Silverstone, seconded by Councilwoman Price, were unanimously approved as amended. The Minutes of the Regular Meeting of November 16 , 1988 were presented and on motion by Councilwoman Price, seconded by Councilman Chapin, were unanimously approved as amended. AFFAIRS OF THE TOWN 1 . Appointments - Conservation Advisory Commission - Recreation Commission - Board of Ethics Councilwoman Silverstone explained that this appointment was not to the Commission but to the Chair, and would become effective on January 1, 1989 . Thereafter, on her motion, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby appoints Steven R. Goldstein, of Leatherstocking Lane, a present member of the Conservation Advisory Commission, as its Chairman, effective January 1, 1989. Councilwoman Silverstone briefly outlined the qualifications of the appointee, and on her motion, seconded by Councilwoman Price, it was unanimously 13 December 7, 1988 290 RESOLVED, that this Board hereby appoints Harold E. Cooke of Bonnie Briar Lane to the Recreation Commission for a term of seven years, effective January 1, 1989 . Councilwoman Silverstone explained that there is a vacancy on the Board of Ethics since one of the prosecutors moved on to work in the office of the County Attorney. She then recommended Diane Recio, who she felt would serve very well on the Board of Ethics since she has done a fine job as Town Prosecutor. On motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby appoints Diane Recio of Holly Place to the Board of Ethics, for a period of one year, effective January 1, 1989. 2. Traffic Committee Referral - One Way Traffic-Howell Avenue The Supervisor explained that the Howell Park Association had requested establishing one-way traffic on Howell Avenue in the southerly direction toward Weaver Street. She added that the Traffic Committe study resulted in a tie vote of 3-3 , and she asked the Board to set a date for a public hearing since a one-way traffic ordinance is adopted by resolution. Following a brief discussion, on motion by Councilwoman Silverstone, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby sets January 4, 1989 as the date for a public hearing on the proposed adoption of a one-way traffic ordinance for Howell Avenue in the southerly direction toward Weaver Street; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish in The Daily Times, the notice of said hearing as required by law. 3 . Presentation - Proposed Fee Schedule-Various Fees Following explanation by the Administrator and discussion on the proposed revisions to the fee schedule, this item was held over to the Regular Meeting of December 20, 1988. 14 December 7, 1988 291 At this time the order of the Agenda was changed and Item No. 11 under AFFAIRS OF THE TOWN was taken up. 11. Resolution to change Date of Town Board Meeting to December 20, 1988 At this time Supervisor Battalia stated that a meeting will be held on December 20th to adopt the Town Budget and suggested that the Regular Meeting scheduled for December 21st be changed to December 20th. On motion by Councilwoman Price, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby changes the date of the Regular Town Board Meeting of the Town of Mamaroneck from December 21st to December 20th. At this time the regular order of the Agenda was resumed and Item No. 4 under AFFAIRS OF THE TOWN was taken up. 4. Discussion - Country Club Land Study-Planning Board Comments The Supervisor commented that a letter had been received from the Planning Board basically concurring with Dan Shuster' s report, with the exception that the Planning Board requested the Board to consider designating the golf courses as R-50 zone districts. Supervisor Battalia then asked the Board if they wish him to redraft his report to reflect this since the proposal must be returned and circulated among the Board in order to adopt the zoning changes if they choose to do so. Following some discussion, the Board was in agreement that Dan Shuster be asked to redraft as soon as possible. 5. Update - Hommocks Ice Rink Councilman McGarr mentiond that a meeting was held with members of the Ice Rink Committee last Tuesday which included discussion with respect to inclusion of cement flooring within the area encompassed by the ice rink. Much discussion ensued concerning costs and other various aspects of this project. The Administrator noted that the construction manager and architect have scheduled a work sesssion next week and, at that time, will put together a realistic schedule and, he added, they had informed him that the revised design would actually take a shorter period of time to construct. 15 December 7 , 1988 292 6. Authorization - Establishment of Land Reserve Fund Following a brief explanation by Supervisor Battalia that a separate capital reserve fund must be established to be known as the "Town of Mamaroneck Land Reserve Fund" in order to reserve funds for future land acquisition opportunities that may become available within the Town, on motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, this Town Board does hereby establish a Capital Reserve Fund to finance the cost of acquisition of land; and be it further RESOLVED, that the Comptroller is hereby directed to deposit monies of this reserve fund in a separate bank account to be known as the "Town of Mamaroneck Land Reserve Fund; " and be it further RESOLVED, that the Comptroller is authorized to invest, from time to time, the monies of this fund pursuant to Section 6-f of the General Municipal Law; and be it further RESOLVED, that no expenditure shall be made from this fund, except upon authorization from the Town Board pursuant to Section 6-c of the General Municipal Law. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby authorizes the transfer of funds from the sale of the court house property in the amount $365,000. to the Town of Mamaroneck Land Reserve Fund. 7. Update - Davids Island Councilwoman Price reported that on May 3rd the Town received a Notice of Complete Application from the DEC in reference to Xanadu and it was, in effect, a project description to build 16 December 7, 1988 293 an on-site sewage treament facility. She went on to say that their reaction at the time was surprise because they thought it premature, having had a lot of publicity over the Sound and the fact that the DOT had called for a moratorium until the sound studies were complete, many public officals stated that tertiary treatment would be needed which could only be determined after all studies were complete, so that the project was in no danger of moving immediately forward. She stated additionally that Town Counsel then wrote a letter, dated June 10th, to the DEC, of which she read the relevant part: "it is our position that your consideration of the above-mentioned applicationn is premature in the absence of a Certificate of Consistency issued by the Department of State and in view of the fact that the Coast Guard has not yet determined the adequacy of the draft environmental impact study. However, if you determine to proceed, we request that your agency hold a public hearing and the hearing be held in one of the concerned communities. We also request that several copies of the application be either sent to the concerned municipalities or be maintained and made available to the public and interested municipal officials at a location in the Sound Shore area. Our Town offices would be available for such purpose. To require interested members of the public and public officials to travel up to New Paltz to inspect records and voice their opinions would constitute, in the opinion of the undersigned, a violation of due process and the Administative Procedure Act." Councilwoman Price mentioned that the Villge of Larchmont sent a similar letter and passed a resolution all of which were ignored, and neither the Town nor Village of Larchmont has heard from the DEC. She commented that the only way they became aware of any information was when the Gannett chain published a statement by the Westchester Chamber of Commerce supporting Davids Island, in which its president mentioned that a permit had already been issued to build a facility. She went on to say that she called the DEC and was told that a draft permit had been circulated, not issued, and she was sent a copy. She stated that there appear to be many irregularities and it is, in fact, a draft permit, but with no comments and no records made available and that effectively the remaining time to even question this was May 3rd, at the time that the Notice of Complete Application was issued. She noted that Mr. Mannis said the draft permit was tantamount to the Notice of Complete Application and, she added, one of the interesting aspects is the monitoring and reporting section which has been very easy on Davids Island since monitoring information only needs to be summarized and signed, it does not have to be summarized and reported and it only has to be kept for three years. Councilwoman Price went on to say that this limited process is certainly a non response to legitimate and well publicized concerns of the public regarding the viability of the Sound, and that she had written a letter to the DEC stating her concerns and all her reasons for them. She explained that the Village of Larchmont is equally distressed by the fact that there has been no input on a fundamental level, since the basic premise of enviornmental impact on any permit such as this is to get citizen input at the very earliest possible 17 29 4 December 7, 1988 date. She explained further that Mr. Armand Lerner, an engineer and member of Save Davids Island for the Citizens, sent to the Coast Guard a supplementary piece of information on the EIS and he, with a number of engineers, took all of the EIS scale to see just what was happening on Davids Island in terms of a proposed marina. She then proceeded to point out his work using the EIS report and, in conclusion, noted that she had taken the liberty of sending his fine piece of work to the Gannett chain and, she noted, the next meeting of the DEIS would be in April. 8 . Transfer of Funds - Tax Mapping Project The Administrator explained the order from the State Board of Equalization and Assessment to upgrade tax maps in accordance with the real property tax law, and detailed the differences in reproductions of linen versus mylar. On motion by Councilman McGarr, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes the transfer of funds in the amount of $8,000 dollars into the tax mapping account for the reproduction of tax maps. 9. Authorization - Capital Project #88-8-Road Resurfacing The Administrator explained that the Town has not awarded a 1988 road resurfacing contract and therefore intends to encumber the funds for 1988 into 1989 and consolidate two years of resurfacing into one year. He noted that the amount appropriated in 1988 is $145 ,000 and the capital project request is in the amount of $170,000 with the balance of $25,000 coming from State aid received each year for road resurfacing. On motion by Councilman McGarr, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby authorizes the establishment of Capital Project #88-8 for the resurfacing of various roads. 10. Salary Authorization - Recreation Pursuant to a memo from Superintenden of Recreation, William Zimmermann, on motion by Councilwoman Silverstone, seconded by Councilman McGarr, it was unanimously RESOLVED, that as provided for in the 1988 Town Budget, authorization is hereby granted for payment of salaries to the following: 13 December 7, 1988 295 Joann Gill, Rec. Assistant, Youth Hockey, $4.50/hour, effective 12/7/88; Lance Kelly, Rec. Assistant, Youth Hockey, $4.00/hour, replacing Marc Levitt, effective retroactive to 11/12/88; Dannie Felhberg, Alternate Diving Instructor, $25/hour, effective retroactive to 11/27/88; Don Guzzetta, Key Attendant, Hommocks Pool, $3.50/hour, effective 12/2/88; David Sheridan, Key Attendant, Hommocks Pool, $4.00/hour, effective 12/2/88; Chrissy Shoulet, Assistant Swim Instructor, $20.00/hour, effective retroactive to 11/20/88;- Douglas Sheridan, Alternative Lifeguard, $5.00/hour, effective 12/7/88. WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS There were no written or oral communications to come before the Board at this time. THE TOWN CLERK Regular Reports The Town Clerk presented the Report for the Building & Plumbing Department for the month of November 1988. THE SUPERVISOR Supervisor Battalia commented on today being the 45th anniversary of Pearl Harbor and the missing-in-action/prisoner-of-war flag being flown by the Town for the past few years, and mentioned that the VFW met this morning at the memorial and mentioned their desire to have a major commemorative ceremony next year. REPORTS OF THE COUNCIL Councilman McGarr mentioned a meeting of the Cable TV Advisory Committee, at which an alterntive site for a studio at the Village of Mamaroneck Library was proposed. 19 December 7, 1988 296 ADJOURNMENT There being no further business to come before this Board, on motion by Councilwoman Silverstone, seconded by Councilman McGarr, the meeting was unanimously declared adjourned at 10:45 p.m. Town Clerk Patricia A. DiCioccio 20