Loading...
HomeMy WebLinkAbout1989_02_15 Town Board Regular Minutes 35'' MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF NI )NECK, HELD ON THE 15TH DAY OF FEBRUARY 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, personnel and acquisition of real property, after which, on motion duly made and seconded, it was unanimously declared adjourned at 8:25 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 8:35 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 Councilman John McGarr Also present were: Patricia A. DiCioccio, Town Clerk Paulette Gabbriellini, Assistant to the Town Administrator Edward M. Lieberman, Town Counsel Richard Tortorella, Fire Chief William McDermott, 1st Deputy Fire Chief Town Administrator, Stephen Altieri, was unable to be present at the meeting due to the death of his father . CALL TO ATTENTION Supervisor Battalia pointed out to those assembled the locations of exits as required by law for public gatherings. 354 BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Battalia at 8:40 p.m. in the Court Roam Present were the following members of the Commission: Commissioner Dolores A. Battalia Commissioner Caroline Silverstone Commissioner Stephen C. Chapin Caaimissioner Elaine Price Commissioner John McGarr 1. Commissioner McGarr presented fire claims for authorization of payment and on his motion, seconded by Commissioner Silverstone, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the C mptroller's Office: AAA Emergency Supply Co., Inc. $ 703.14 Henry, John E. 70.66 Landau, Thomas M.D. 275.00 Lawrence Heat & Power Corp. 774.22 National Fire Protection Assn. 475.65 New Rochelle Water Company 140.23 Portronix 247.90 Technical Electronics, Inc. 4,646.00 Town of Mamaroneck Professional Fire Fighters Association 110.04 $7,442.84 There being no further business to came before this Commission, on motion by Commissioner Chapin, seconded by Commissioner Price, the meeting was unanimously declared adjourned at 8:45 p.m. PUBLIC HEARING - Yield Sign-Madison Avenue & Fifth Avenue Supervisor Battalia requested a motion to open the Public Hearing and on motion by Councilwoman Silverstone, seconded by Councilwoman Price, 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. Supervisor Battalia asked if anyone wished to address the Board in favor or in opposition of the proposed Yield sign. No comments were offered by the public. Councilman Chapin mentioned that he was in favor of this recommendation of the Traffic Committee, to which Councilwoman Price agreed. 2 355 February 15, 1989 The Supervisor then asked for a motion to close the Hearing, and on motion by Councilman Chapin, seconded by Councilwoman Price, the Public Hearing was unanimously declared closed. Thereafter, on motion by Councilman Chapin, seconded by Councilman McGarr, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck, by virtue of the authority granted to it, does hereby designate the following amendment to Section 1. Subdivision B of Section 81-7 of the Town Code of the Town of Mamaroneck by adding a new subsection to be known as Subparagraph 27 which will read as follows: (27) On Madison Avenue at its intersection with Fifth Avenue S2. This act shall take effect immediately. APPROVAL OF MINUTES On motion by Councilwoman Silverstone, seconded by Councilman Chapin, the minutes of the Regular Meeting of December 7, 1988 were unanimously approved as corrected. On motion by Councilwoman Silverstone, seconded by Councilwoman Price, the minutes of the Regular Meeting of December 20, 1988 were unanimously approved. On motion by Councilwoman Price, seconded by Councilman McGarr, the minutes of the Special Meeting of January 7, 1989 were unanimously approved. On motion by Councilwoman Silverstone, seconded by Councilman Chapin, the minutes of the Special Meeting of January 14, 1989 were unanimously approved. On motion by Councilman McGarr, seconded by Councilwoman Price, the minutes of the Regular Meeting of January 4, 1989 were unanimously approved. On motion by Councilwoman Silverstone, seconded by Councilman Chapin, the minutes of the Regular Meeting of January 18, 1989 were unanimously approved with changes. On motion by Councilwoman Price, seconded by Councilman McGarr, the minutes of the Regular Meeting of February 2, 1989 were unanimously approved with changes. 3 356 February 15, 1989 AFFAIRS OF THE TOWN 1. Appointments - Tri-Municipal Cable TV Commission - Zoning Board Councilman Chapin enthusiastically nominated William Littauer to fill the vacancy of the Unincorporated area of the Town on the Cable TV Commission, briefly updated his qualifications as an active community resident for fifteen years, and as an executive TV producer who will lend to the board a great deal of experience and energy. On motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby appoints Mr. William Littauer of Rnollwood Drive to the Larch ont Mamaroneck Cable TV Board for a term of two years, effective immediately. Councilwoman Price reported that she previously had the pleasure of working with Rene Simon on the Zoning Board, is aware of his effectiveness, and the fact that he is conscientious and takes his responsibilities very seriously. She then enthusiastically recommended that he be reappointed, and on her motion, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby reappoints Mr. Rene Simon of Taylor Place to the Town of Mamaroneck Zoning Board of Appeals for a term of five years, effective on February 19, 1989. 2. Authorization - DEC Funding Application-Premium Marsh Restoration The Supervisor called upon Phyllis Wittner who spoke about the importance of protecting and enhancing the special tidal wetlands and preserving the Premium River, which is the main support of this aqua system. She went on to say that inaction would mean the eventual loss of the river and complete change of the eco-system. She noted that the problem only increases with time as 12,375 cubic yards of sediment were removed in 1977 compared to 19,000 to 20,000 cubic yards today, but added that once accomplished, dredging would not have to be done for a period of another 60 years. Citing the joint mandate of the Village of LarcYm ont and Town of Mamaroneck to protect, preserve, and restore this significant fish and wildlife habitat under Policy 7, she informed the Board that the grant application they received is a request for assistance under the Environmental Quality Bond Act of 1972. She stated that it is specifically for currently available funds for wetland restoration projects, which is a 100% reimbursed grant requiring no municipal funds. 4 357 February 15, 1989 Ms. Wittner stated further that there are two resolutions required of the municipality in order to process the application, one is a duly certified resolution adopted by the governing body of the municipality which sets forth the authority of the municipality to make application for state assistance, which members are authorized to sign, as well as any contracts between the state and municipality which may be required in order to qualify them for state assistance. She explained that although this is a joint application, it is advised that only one municipality act as lead agency and therefore on February 6th, Larchmont Village's Mayor and Trustees granted the Town authority to serve as applicant on behalf of both, granted authority to undertake the project, and agreed to sharing of cost, should there be any. The second resolution, Ms. Wittner clarified, must provide supporting documentation to demonstrate that on completion of the wetlands restoration project, the wetland so restored remain as such. She then fielded various questions from members of the Board. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman McGarr, it was unanimously RESOLVED, this Board hereby sets forth the authority of the Town of Mamaroneck to make application for state assistance and further authorizes Stephen V. Altieri, in his official capacity as Town Administrator, to sign the application as well as any contracts between the state and the Town, which may be rquired in order to qualify the Town for state assistance; and be it further RESOLVED, that the Town shall provide supporting documentation to demonstrate that on completion of the wetlands restoration project the wetlands so restored shall not be sold, leased or otherwise disposed of or used for any purpose inconsistent with the character or environmental value of such wetlands; and dedicate them in perpetuity (or if necessary, 99 years) in their restored condition. 3. Authorization - Consulting Agreement TPA Associates Following a brief explanation by Town Counsel, Edward Lieberman, on motion by Councilwoman Price, seconded by Councilman Chapin, it was unanimously 5 358 February 15, 1989 RESOLVED, that this Board hereby authorizes the Town Administrator to enter into contract with TPA Design Group for restoration and landscape design services on the Sheldrake River Project, with the condition that an indemnification clause be added to the contract with that further determination by the Town Administrator as to dispute resolutions; and be it further RESOLVED, that the sum of $4,100 be authorized for the initial phase of the TPA Design Group contract. 4. Discussion MI'A Parking Proposal Following some discussion, this item was deferred until a later time. At this time the order of the Agenda was changed and Item #10 under AFFAIRS OF THE TOWN was taken up. 10. Resolution Re: VAC Dinner Councilman Chapin asked that the Town, in an effort to remember and honor the volunteers of VAC, make a significant contribution to their annual dinner and continue this practice in subsequent years, as is done for the Fire Department. On his motion, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Town Board hereby authorizes a transfer of funds in the amount of $4,500.00 to be contributed to the annual dinner of the Volunteer Ambulance Corps. At this time the regular order of the Agenda was resumed and Item #5 under AFFAIRS OF THE TOWN was taken up. 6 359 February 15, 1989 5. Update - Davids Island IIICouncilwoman Price reported that within the last three weeks there have been some press headlines relating to Davids Island and the Environmental Impact Statement. She went on to say that there seems to be much confusion as to proper legal procedures under the Environmental Impact Statement and what constitutes substantial change, which triggers legal maneuvers, what are modifications, how one goes about doing something, whether its done in secret or public. She noted that many allegations have been brought to light, some just this evening, which she would not go into since they are just allegations. She stated that it is becoming increasingly clear that the environmental impact statement and the process by which it is reviewed by the citizens is in a quagmire, so that within the next few weeks she will have a proposal to the Board to perhaps rectify some of the problems that she sees developing in terms of the legal significance of the environmental issues. Supervisor Battalia commented that the Town, together with the Village of Larchmont, had appropriated funds which may have to be activated and some steps taken to protect our citizens. She noted that her concern also is that negotiations may be made in private of which we would not know the end result until it is too late. III 6. Resolution - South East Consortium The Supervisor explained that South East Consortium will lose some of its funding from the State's 1989 budget deficit. She suggested that the Board adopt a resolution in support and provide it to South East Consortium, but she felt the Town may be in conflict should they undertake a letter-writing campaign since its funding may also be in jeopardy as may be the funding for other critical service programs. On motion by Councilwoman Silverstone, seconded by Councilwoman Price, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck hereby opposes Governor Cuomo's proposal to phase out Unified Service funding which would affect recreation program services for citizens with disabilities in the Town of Mamaroneck since it would be very difficult for our local municipalities to finance an additional 20% of the local assistance budget. 7. Resolution - Amendment to 1989 Fee Schedule Supervisor Battalia explained that sane items were inadvertently deleted from the schedule at the time of its original adoption. On motion by 7 360 February 15, 1989 Counselwoman Silverstone, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby adopts the following amendment to the Town of Mamaroneck Fee Schedule: 1. Blasting Permit Applications The bonding requirement for this permit should be $100,000 as opposed to $50,000. 2. Building Permit Renewals The fee for a renewal permit should be equal to the original fee paid for such permit. 3. Fees for permits issued after construction has been started or where it has been completed shall be doubled the calculated fee. 8. Authorization - Establish Accounts for "Year of the Child" Following explanation by Councilwoman Silverstone and on her motion, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Town Board, as a sponsor of activities related to the designation of 1989 as the "Year of the Child" hereby establishes a trust fund to record donations and expenditures for such purpose. 9. Authorization - Funding Agreement Memorial Park Following explanation by Supervisor Battalia, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes the Town Supervisor to execute the agreement with the State of New York for an extension of time on Contract Number 0000874 in order to reflect the State funding period so that the final balance of $6,500 can be submitted to the Town. 8 3s* February 15, 1989 11. Salary Authorizations - Town Administrator - Recreation The Supervisor noted that salary authorization for the Administrator was an item held over frmn the last meeting. On motion by Councilwoman Silverstone, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes payment of salary in the amount of $63,000.00 to Town Administrator, Stephen Altieri, retroactive to January 1, 1989. On motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that as provided for in the 1989 Town Budget, authorization is hereby granted for payment of salaries to the following : Anthony Falletta, Alternate Key Attendant, Hammocks Pool, $4.00/hour, effective 2/15/89; Jenny Galligani, Alternate Key Attendant, Hoatmocks Pool $4.00/hour, effective 2/15/89; Ken Bulow, Alternate Lifeguard, Hammocks Pool, $5.00/hour, effective 2/15/89. 12. Authorization - Establish Capital Project 89-1 - Purchase of Vehicles On motion by Councilman Chapin, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes the establishment of Capital Project 89-1 for the purchase of four police vehicles and two vehicles to be assigned to the Town Administrator and Town Comptroller. WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS There were no written or oral communications to wane before the Board at this time. 9 36 February 15, 1989 TOWN CLERK The Town Clerk submitted the monthly report of the Building Department for the month of January 1989 and the yearly report of the Building Department for the year 1988, as well as the monthly report of the Town Clerk for January 1989. THE SUPERVISOR Supervisor Battalia notified the Board that the meeting with the residents of Deerfield Lane has been scheduled for the 28th, with John Hoch from the Water Works to make a presentation, and both she and the Town Administrator to explain the financing. She added that they will then report back to the Board the consensus of the residents' wishes since hearings will have to be held on establishment of the special water district. The Supervisor reported that notice was received today that will eliminate the fifty cent toll southbound and begin the one dollar toll northbound on the Thruway, at 10:00 p.m. on Tuesday, February 21st. She commented that the Town endorsed this because there was no question that elimination of the southbound toll would offer Town residents improved air quality. She added that, however, she has written to the Thruway Director today because at the time there was concern for Larchmont Village and the traffic impact on Palmer Avenue. She went on to say that a token system was proposed similar to that of the Henry Hudson Parkway, which are dollar tokens one can purchase in packets of twenty at a significant discount, and that there is no indication in the releases received that this token system is being instituted. REPORTS OF THE COUNCIL Councilwoman Silverstone reported that she had attended a Recreation Meeting and that the Recreation Commission is working very hard on a variety of issues, including updating fees for all the different programs. She noted that they will not be meeting in February or March, so should the Board be interested, the next meeting will be in April. ADJOURN At this time, Supervisor Battalia mentioned that Paulette Gabbriellini is here tonight, the Administrative Assistant to the Town Administrator, acting in Steve's place since Steve is not able to be with us as his father died and the funeral was today. She 10 36 February 15, 1989 commented that it would be most appropriate for the Board to adjourn this meeting in his honor and memory. She then recounted some brief facts about Mr. Geno J. Altieri, noting that he served as President of the Edgemont Board of Education, was a member of the Greenburgh Planning Board for five years, President of the Scarsdale Family Counseling, past President of the Scarsdale Rotary Club and recipient of the Paul Harris Fellow award, past President of the Scarsdale Chamber of Commerce and their "Man of the Yearn in 1967, past Commander of Post 52 of the Scarsdale American Legion. She commented that Mr. Altieri has a history of about thirty years of public service and that his son is a tribute to him in his commitment to public service. Supervisor Battalia then made a motion that this meeting be adjourned in Mr. Geno J. Altieri's memory and that Steve be provided with a copy of the appropriate minutes and officially be sent the sympathies of the Board. Motion seconded by Councilwoman Price, the meeting was unanimously declared adjourned at 9:50 p.m. Town Clerk Patricia A. DiCioccio 11