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HomeMy WebLinkAbout1989_01_18 Town Board Regular Minutes 329 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMIISSIONERS OF THE TOWN OF MAMA ONECK, HELD ON THE 18TH DAY OF JANUARY 1989 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 Roan A to discuss matters of litigation and real estate, after which, on motion duly made and seconded, it was unanimously declared adjourned into a Work Session at 7:35 p.m. The Work Session on strategic/master planning of the Town was also held in Conference Roan A and was unanimously declared adjourned at 8:15 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 8:24 p.m. in the Court Roam. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilwoman Caroline Silverstone Councilman Stephen C. Chapin Councilwoman Elaine Price was not present since she was attending Martin Luther King ceremonies at the Emelin Theatre. Councilman John McGarr was absent since he was in France. Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Edward M. Lieberman, Town Counsel CALL TO ATTENTION Supervisor Battalia pointed out to those assembled the locations of exits as required by law for public gatherings. 330 PRESENTATION - By Central School Students on Legislative Proposals Pursuant to a memo from Town Counsel, Edward Lieberman, that he had met with a sixth grade class from Central School who were working on a special project in government, he had explained to them the legislative process and gave them copies of local laws for format that they have drafted into proposed bills which they wished to present to the Town Board. Counsel Lieberman informed the students that the Town Board may be interested in hearing these proposed bills directly from them and noted that, coincidentally, the bills are topics that are presently being considered within the legislative area so they are timely in helping him to draft the bills that the Town Board has requested. Mr. Lieberman stated that it was highly commendable, especially at their age, that these students are being taught a very valuable civics lesson. He noted that it is very easy to point out problems but in this particular class, these students are being taught how they can do something about it. He then informed the students that what they are about to do will be entered into the current records of the Town and that someday they may wish to bring children or grandchildren to the Town Hall and point out their name or handiwork in the permanent Minutes of this meeting. At this time, Town Counsel introduced their sixth grade teacher, Joy Anastos, who mentioned that the Mamaroneck School system has committed themselves to a five-year celebration of the bicentennial of the Constitution of the United States. She went on to say that this being the year of the Constitution, the federal government has outlined a focus on both the executive and legislative branches, so this summer the enrichment teachers decided to develop a two-year study with a fifth grade focus on campaigning and a sixth grade simulation of how a bill becomes a law. She then expressed her gratitude for Mr. Lieberman who, she noted, was not only a mentor to the children but also to her since she too learned a great deal about the New York State Constitution during her visit here. At this time Todd Birdzell introduced himself, Matt Wexler and Peter Zambito and proceeded to read the following: BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: The Town Code of the Town of Mamaroneck is hereby enacting a new law, to be known as ',Aerosol Cans" to read as follows: Purpose: Aerosol cans make life easier, but they destroy the ozone layer. Aerosol cans will also damage your body. If the ozone layer deteriorates, then 100% of the ultra-violet rays, which cause cancer, will come down on the Earth. If that happens, then one of two things will probably happen. 1. The ultra-violet rays will burn up the Earth; and 2. the North and South Poles will melt, which, in turn will flood the Earth. Aerosol cans make life easier by just being able to hold a button down. But it isn't that much more difficult to use a pump. If you don't use aerosol cans, you will get more for your money because..they are 1/3 air (sometimes more) . They contain more useful household items and some contain safety 2 January 18, 1989 3 3 1 seal caps which prevent children from getting into them. The product inside an aerosol can't spoil. However, if you left open a pump it would spoil. Aerosol cans under extreme pressure will explode and they are also highly flammable. As you see, aerosol cans have advantages and disadvantages. More and more people want to use them. Some people try hard to stop it, but some is not enough. So please vote NO on aerosol cans. Definition of Terms. As used herein, the following words shall have the meanings set forth below: This produce is mixed in solution with liquefied gas, and held under pressure in a container. When the cap is pushed down, the valve opens, and the solution moves through the hollow plunger to the opening in the cap. The liquefied gas vaporizes, and then the solution breaks into a fine spray as it emerges from the cap. Comments: People should be educated on what aerosol will do. For minors, we should have extra units in science. In these units, the teachers will incorporate what aerosol does to the ozone layer. Also, they will incorporate how it lets more ultra-violet rays came down on the Earth. We can also publish articles in school newspapers about aerosol. For adults, we can put articles in newspapers. We can also have town meetings about aerosol. Another possibility is to make a billboard. We should try to discourage non-polarized sunglasses, and to encourage polarized sunglasses. Non-polarized sunglasses damage your eyes because they do not deflect ultra-violet rays. They also make your pupil larger. Since they do not deflect ultra-violet rays, your pupil absorbs the rays. Please try to avoid aerosol. Thank you very much. At this time Alyssa Penso introduced herself and Jimmy Needham introduced himself. Jimmy Needham then proceeded to read the following with Alyssa reading the Comments: BE IT ENACTED by the town board of the Town of Mamaroneck as follows: the town code of the Town of Mamaroneck is hereby amending by adding there to a new law, to be known as WATER POLLUTION. DEFINITION OF TERMS: POLLUTION, To make foul or unclean. To corrupt or destroy. 3 January 18, 1989 332 PURPOSE: To establish a bill to create clean waterways we need to do many things: First, one of our biggest problems is the dumping of oil in our water. Another big problem is hospital waste washing up on our beaches. Blood vials, needles, and other harmful things are washing up on our shores. Next another problem is the dumping of trash. This often turns people away from the water, I can see why, do you want to go swimming in polluted water? Another big problem is speed boats. They are a big problem in our area. They can make big waves that can harm little boats, or the people in them. These are just a few of many problems affecting our waterways and beaches. OAS: We propose the following: 1) We should reduce the speed boat limit. 2) We should have more police to enforce these laws. 3) A big net under high litter areas to catch falling garbage. Periodically pull it up and dump it in the dump. 4) Undercover officers on boats, they can spot people who dump garbage. 5) Very high fine of perhaps $3000 or more for polluting. 6) Put scuba men to pick up falling garbage or garbage on the sea floor. 7) We should teach children that water covers more than 70% of the earth. If we ruin it, it could be very harmful . Thank you. Nadine Lepre then introduced herself, followed by Carley Reidy. Nadine then proceeded to read the following: Be it enacted by the Town Board of Larchmont and Mamaroneck as follows: LITTERING Definitions of Terms: As used here in the following words shall have the meanings set forth below. (a) Pollution: To make dirty, unclean and sometimes an unhealthy environment. (b) Hazardous: Full of risk; dangerous. (c) Environment: The external circumstances, conditions. (d) Littering: Small pieces of garbage on roads, sidewalks and shrubbery. COMMENTS To establish a pollution free community. There is a need for a clean community in the Larchmont, Mamaroneck area. This bill will insure safer recreation and life-style of the people in this area. Such as swimming at beaches and children playing at public parks. We are slowly poisoning the earth with pollution such as garbage and wastes thrown into the streets which creates unsafe conditions for 4 January 18, 1989 ,333 pedestrians and motorists. It is necessary to clean our streets of litter as rain and wind blow the litter into the sewers, which clog, and eventually makes its way to the sound and pollutes it. Littering encourages rodents looking for food and homes in the litter. Littering also results in loss of property values. Proposals (a) A monthly pick up day would be one day every month when people pick up as much litter as possible. They could bring it to a designated area where the litter will be weighed. The person with the most litter will receive a small token and they will also get their names on a plaque in the Town Center. (b) More garbage cans will be placed on the streets so that it would be easier for the people to get rid of their litter properly. (c) People will be fined on their first offense for littering. There will be no excuse! Prohibitions and Restrictions (a) No one shall litter. If they do they shall get a fine. (b) No person, firm association or corporation will be allowed to get rid of their waste such as old paper, garbage, used cans, and glass on streets, roads or other public places. Why and how people litter (a) People litter because they get lazy and don't want to carry their trash to the next garbage can. Everyone things, "Just a little bit won't hurt," but it does! Every day more and more litter piles up on the streets and every day people keep throwing litter on the streets. We all have to pitch in and save our town from drowning in trash and litter. Closing As you can see littering is very hazardous to your health and safety. People used to came here and marvel at this Country's beauty. This Country is still beautiful but it is decorated with litter. Now it is up to you! At this time Alissa Farber read her bill on air pollution. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: 5 January 18, 1989 334 The Town code of the Town of Mamaroneck is hereby enacting a new law to be known as "Air Pollution" to read as follows: Purpose: To maintain and establish a amity with a minimum of air pollution. With this bill we can ensure longer lives and cleaner streets in the communities of Westchester. Some of the positive reasons for this bill are: (1) making it better for plant and animal life because they need clean air to survive and (2) the people with heart and lung problems need and should have clean air. Problems that occur because of air pollution are: (1) the incinerators. When they burn our garbage, they also pollute the air by sending out toxic waste. (2) As said before, the people with heart and lung problems shouldn't be breathing in bad air from cars, acid rain, incinerators, etcetera. Definitions: Pollution - to make foul or unclean, dirty. Comments: One of the ways to correct the problem of air pollution put out by cars is to have a device that controls the amount of exhaust caning out. Thank you. III Thereafter, one of the students, on behalf of the sixth grade class from Central School, thanked the Town Board for their time and consideration. Supervisor Battalia, on behalf of the Town Board of the Town of Mamaroneck, thanked the students for an outstanding and impressive presentation. She told them that there is, under potential consideration, a local law which would ban the existence of the incinerators and that the Board has been grappling for quite some time with adoption of a litter law. She noted that she found it quite interesting that they, as sixth graders, perceive the problems in their community and especially that they propose so much citizen participation because one problem with adopting laws like this is a) the enforcement and b) the cooperation of citizens in enforcing them. She related to them the recently adopted Dumping law enacted because people were dumping construction materials and debris on the nature trails in the community and on vacant land and, she noted, the Board will be developing a reward system to encourage people to participate. She then suggested the students' documents become a formal part of this record and the Board will look at them in a short time when they have the litter law and the incinerator law in a final draft, and that they would be sent to the students for their comments and consideration. She also suggested that to further the education process, it may be interesting for the students to take the final law or their proposals and meet with the two Town Justices in terms of handling the law and the implications of enforcing it, or how it would be handled when it came to the Town Court. 6 1 January 18, 1989 335 Joy Anastos then commented that tonight really epitomizes a good education and that students, children or adults, need to know that their work is valued and there is an audience for what they do. She thanked the Board again and noted that this had been enlightening and exciting for all and they would never forget it. Supervisor Battalia asked if anyone wished to comment on the proposals. She then informed the sixth graders that when the public hearings are held for draft legislation, they would receive a notice and they can return and place on the official record their reasons for endorsing and encouraging the Town Board to adopt such legislation. Councilwoman Silverstone stated that, at this point, this sixth grade class may know more about making a law than many residents in the Town who have never even been to a Town Board Meeting. BOARD OF FIRE COMNIISSIONER.S The Meeting was called to order by Commissioner Battalia at 9:00 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 Chapin announced that there were no fire claims for tonight. Commissioner Battalia asked if there was any other business and, there being none, on motion by Commissioner Chapin, seconded by Commissioner Silverstone, the meeting was unanimously declared adjourned at 9:03 p.m. APPROVAL OF MINUTES The minutes were held over to the meeting of February 1, 1989. AFFAIRS OF THE TOWN 1. Appointments - Housing Task Force - Cable Commission Advisory Board - Recreation Commission - Conservation Advisory Commission Supervisor Battalia noted that at the last meeting the Housing Task Force was established and a representative of the Planning Board, Norma Jacobsen has agreed to serve. She 7 January 18, 1989 336 further noted that Virginia Sloane, who has been recommended by Councilwoman Price, has also agreed to serve. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby appoints Norma Jacobson of Washington Square as a member of the Town of Mamaroneck Housing Task Force, to serve at the pleasure of the Board; and be it further RESOLVED, that this Board hereby appoints Virginia Sloane of Oak Lane as a member of the Town of Mamaroneck Housing Task Force, to serve at the pleasure of the Board. The Supervisor also proposed February 2nd for the joint initial meeting between the Town Board and the Housing Task Force, which was given a motion by Councilman Chapin, seconded by Councilwoman Silverstone to unanimous agreement. Councilman Chapin stated that he would have a recommendation to the Cable Commission Advisory Board at the next meeting. This appointment was held over. Councilwoman Silverstone proposed Helen Wilson, and on her motion, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby appoints Helen Wilson of Iselin Terrace, Larchmont Village, as a member of the Recreation Commission, effective January 1989 to December 1996. • Councilwoman Silverstone stated that she was acting on the advice of Mayor Paul Noto of Mamaroneck Village for an appointment to the Conservation Advisory Committee. She explained that the Commission includes three resident from Mamaroneck Village, three from Larchmont Village and three from the Town. Thereafter, on her motion, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby appoints Douglas Gould of Stuart Avenue, Mamaroneck Village, as a member of the Conservation Advisory Commission, effective January 1989 to December 1991. 8 January 18, 1989 337 2. Authorization to Prepare Specifications and Accept Bids Restoration of Gardens Lake The Town Administrator reported that pursuant to his memo on the proposed plan for the restoration of the Gardens Lake, it is now at the point in the dredging project where the final restoration can be considered. He commented that this will require a competitively large contract for which bids should be sent out toward the end of February. He explained the changes in the original plan frown concrete pavers to stone dust, and also noted the reasons for elimination of lamp posts around the Lake for both expense and the uncertainty as to whether the Park should be used during evening hours. He also explained that granite curbing installed in four or six foot sections is expensive but more durable and attractive, and may be included as an add alternate in the bid documents,. noting that at this time the estimated cost is $115,000. Supervisor Battalia then stated that she would prefer an alternate bid on the lighting and then a decision could be made with a better idea as to cost, and when it is time to look at the final plans, they could decide whether or not to go with the lighting. Councilwoman Silverstone commented that one of the problems of which the Youth Officer spoke was the fact that kids have impromptu beer parties in various places where they think it is dark and untraveled by the police. She was unsure of whether this could become that kind of area and if lighting promotes or discourages it, but noted that it poses an interesting question. The Administrator reported that, in the case of Myrtle Park, the lighting was felt to be an attraction and for that reason when the Park was redesigned, there was a decision made, based on the recommendation of the Police Department, not to install additional lighting within that area. Supervisor Battalia requested that photographs be supplied to the Board and the Administrator suggested contacting the architect and having him send catalog photos upon which the bids could be based. Councilman Chapin then questioned the durability of stone dust to which the Administrator responded that it is durable and more attractive. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to prepare specifications and receive bids for the necessary restoration of Gardens Lake. 3. Authorization to Prepare Specifications and Accept Bids - a) 35,000 GVW Dump Truck b) 20 Yard Refuse Collection Vehicle c) 50 Foot Boam Truck 9 338 January 18, 1989 The Administrator pointed out that although he has asked for authorization the on Dung Truck, it may be made available through a New York State contract at a price of four or five thousand less than has been experienced in the past few years. At this time, on motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to prepare specifications and receive bids for the following items, except those items for which New York State bids may be received: One 35,000 ton GVM Dump Truck; One 20 Yard Refuse Collection vehicle; One 50 foot Boon Truck. 4. Authorization - Consulting Agreement Sheldrake Watershed Study The Administrator explained that the Coastal Zone Management Commission and Conservation Advisory Commission sought to conduct a watershed study of the Sheldrake River that would develop a drainage model for the east and west branch of the Sheldrake River. He added that this model would then establish a standard to be met by developers of vacant land within the watershed. He further explained who would be involved in the study and how it would be carried out. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to enter into agreement with Stephen Tomecek of Science Plus in Bellrose, New York, to act as coordinating consultant in • the watershed study of the Sheldrake River. 5. Set Date Public Hearing - Yield Sign Madison/Fifth Avenues Following explanation by the Supervisor, on motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby sets February 15, 1989 as the date for a public hearing on a proposed Yield sign on Madison Avenue and Fifth Avenue; 10 January 18, 1989 339 and be it further RESOLVED, that the Town Clerk is hereby authorized to publish in an official newspaper of the Town, the notice of said hearing as required by law. 6. Set Date Public Hearing - Repeal of NO TURN ON RED Ordinance Northeast Corner No. Chatsworth Ave. and Myrtle Blvd. Following sane discussion, on motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby sets February 1, 1989 as the date for a public hearing on a repeal of NO TURN ON RED ordinance for the northeast corner of North Chatsworth Avenue and Myrtle Boulevard; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish in an official newspaper of the Town, the notice of said hearing as required by law. 7. Request For Use of Voting Machines and Court Roam on March 21, 1989 - Village of Mamaroneck On motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes the Town Clerk to allow the use of voting machines by the Village of Mamaroneck for their elections of Tuesday, March 21, 1989; and be it further RESOLVED, that this Board hereby authorizes the Town Clerk to allow the use of voting machines by the Village of Larchmont for their elections of Tuesday, March 21, 1989. 11 January 18, 1989 390 8. Request For Use of Voting Machines - Special Election School Board - February 14, 1989 On motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes the Town Clerk to allow the use of voting machines for the Special Election of the School Board to be held on February 14, 1989. 9. Leaf Composting Site Supervisor Battalia mentioned that the leaf composting site at Taylor's Lane, which is shared jointly with the Village of Mamaroneck, has been designated as a Type II hazardous waste site. She went on to say that since we save a considerable amount of money by using this site, she feels the Town should join the Village of Mamaroneck to consider offering assistance in getting it cleaned up. She stated that it would be better to work now with the DEC in allowing the leaf composting to continue while the cleanup goes on, because the alternative to both communities could cost between fifty to one-hundred thousand dollars. Following scan discussion, the Supervisor was authorized to meet with the Mayor of Mamaroneck Village to discuss the cleanup and costs, most of which will be reimbursed by state and federal funding. WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS There were no written or oral communications to come before the Board. THE SUPERVISOR No Report 12 January 18, 1989 341 REPORTS OF THE COUNCIL Councilwoman Silverstone mentioned that she had attended a Recreation Caanmittee meeting the night before and the Coimuittee would like to meet with the Board at its next meeting, which is February 21st, a Tuesday night, in Conference Roan A. She noted that they wished to discuss a few issues, among which are the Town's agreements with the school system, the fee structure and input on the level of necessity of each program. Supervisor Battalia asked the Town Administrator about the traffic light on Rockingstone Avenue, to which he responded that it is on the Traffic Committee's agenda for their next meeting and their report on solutions would probably reach the Town Board Meeting of February 1, 1989. ADJOURNMENP There being no further business to come before this Board, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, the meeting was unanimously declared adjourned at 9:20 p.m., and reconvened into Executive Session to discuss matters of litigation. Town Clerk Patricia A. DiCioccio 13