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HomeMy WebLinkAbout1989_03_01 Town Board Regular Minutes 36 •' MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE CQNMISSIONERS OF THE TOWN OF MAMAI NECK, HELD ON THE 1ST DAY OF MARCH 1989 IN THE COURT ROOM OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD, MAMAR,ONECK, 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 the Jury Room to discuss acquisition of real property, after which time, on motion duly made and seconded, the Executive Session was unanimously declared adjourned at 7:30 p.m. into a Work Session relating to the Master Plan Update. The Supervisor indicated that the purpose of the Work Session was to discuss the proposed designation of an urban renewal area with the Unincorporated Area of the Town. At this time, members of the Planning Board arrived and Planning Consultant, Dan Schuster, presented a map of the area to be designated, clarifying portions of the urban renewal plan which accompanied the map. Counsel to the Town, Steven Silverberg, presented to the Board a draft resolution to be considered in connection with the designation of an urban renewal area. He also outlined the procedure to be followed for the urban renewal designation. Thereafter,on motion duly made and seconded, the Work Session 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 8:30 p.m in the Court Room. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilman Stephen Chapin Councilwoman Elaine Price Councilman John McGarr Councilwoman Silverstone was not present since she was on vacation. 365 Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Edward M. Lieberman, Town Counsel Steven M. Silverberg, Town Counsel for the Planning Board Arthur Dallas, Police Commissioner Richard Tortorella, Fire Chief William McDermott, 1st Deputy Fire Chief CALL TO ANON Supervisor Battalia pointed out to those assembled the locations of exits as required by law for public gatherings. BOARD OF FIRE CSSIONERS The Meeting was called to order by Commissioner Battalia at 8:35 p.m in the Court Room. Present were the following members of the Commission: Commissioner Dolores A. Battalia Commissioner Stephen Chapin Commissioner Elaine Price Commissioner John McGarr Commissioner McGarr presented fire claims for authorization of payment and on his motion, seconded by Commissioner Price, 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: Dri-Chem Extinguisher Co. $ 79.00 ESCO 25.00 I. & T. Plbg. & Htg. Co., Inc. 65.00 McBrayer, Diane 55.00 NYNEX 9.00 NYSAFC 20.00 Portronix 6.00 $259.00 ADJOURNMENT There being no further business to coarse before this Commission, on motion by Commissioner Chapin, seconded by Commissioner Price, the meeting was unanimously declared adjourned at 8:45 p.m. 2 366 March 1, 1989 AFFAIRS OF THE TOWN 1. Appointment of Confidential Secretary to the Town Supervisor Following explanation by the Supervisor that an appointment had been made from the Clerk's office to the position of Confidential Secretary to the Supervisor, on motion by Councilman Chapin, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes the transfer of Lillian Robustelli from the Town Clerk's office to that of Confidential Secretary to the Supervisor at her current salary of $23,290. annually. 2. Revitalization - Boston Post Road Supervisor Battalia commented on the efforts of a large group of dedicated volunteers who, over the past two years, have put in a great deal of work to develop the Master Plan update. She went on to say that it is going into its final stages of approval by the Planning Board and, in conjunction with them, the Town has been working with Dan Schuster, Planning Consultant, to see how the objectives of the Master Plan should be implemented. She noted that the proposal tonight is for consideration to designate an area of the Boston Post Road for revitalization, and she then called on Mr. Schuster to explain further. Mr. Schuster briefly reported that a muncipality is allowed to designate certain areas which qualify for revitalization or urban renewal under New York State Law No. 15 and that the particular area of the Boston Post Road and Weaver Street is diverse, with a number of concerns in terms of land use and public use. He mentioned that all four quadrants of the intersection and six properties had been identified which would document eligibility and, if the Board so determines, it can designate that area as appropriate under Article 15 of New York State law. He added that the urban renewal plan can then be prepared, setting forth land use in the area and other action can be taken to implement the plan. He stated that a draft of the Environmental Impact Statement on the plan has been submitted for the Board's review in order to determine the environmental consequences of adopting the plan. At this time, Counsel Steven Silverberg outlined the necessary steps the Board must take this evening if they accept the recommendations. He noted that they must first adopt a resolution designating the described area as appropriate for urban renewal and, in addition, designate themselves as lead agency for purposes of the State Environmental Quality Review act. He also indicated that the Board should, after adjourning to a later date, review the proposed statement of environmental impact submitted by Mr. Schuster and make a determination as to whether it adequately 3 March 1, 1989 367 addresses all the environmental issues or if there should be further environmenal review. He went on to say that when an Environmental Impact Statement is completed which is sufficient and acceptable, the Board should hold a public hearing on the environmental question, for which there is a process, as well as a process for public comment thereafter. He concluded that it would be at that time that the Plan, which is submitted in conjunction with the Environmental Impact Statement, be referred to the Planning Board for consideration as required by General Municipal Law for the purpose of determining if it is in accordance with the Town s Master Plan. Following further comments by the Supervisor, on motion by Councilwoman Price, seconded by Councilman McGarr, the following resolution was unanimously adopted: WHEREAS, there exists in the Town of Mamaroneck a certain area which requires improvement and updating; and WHEREAS, the Town Board of the Town of Mamaroneck is committed to the improvement, restoration and rehabilitation of such area; and WHEREAS, the portion of the Town on and near the Boston Post Road outlined on the annexed map as Schedule "A" contains certain blighting influences and substandard conditions as further documented in a report entitled ',Basis for Designation of the Boston Post Road/Weaver Street,' dated February 1989, based upon studies and the personal knowledge of this Board, which include but are not limited to, substandard roads, sidewalks, landscaping, buildings, areas of disproportionate crime, including drug use, and other factors, all of which impede the proper economic use of the area and adversely impact upon surrounding neighborhoods; NOW, THEREFORE BE IT RESOLVED, that the said area on and near the Boston Post Road is appropriate for Urban Renewal as defined in Subdivision 3 of Section 502 of Article 15 of the General Municipal Law of the State of New York and is hereby designated as an Urban Renewal area. 4 368 March 1, 1989 Thereafter, on motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that the Town Board declares itself as Lead Agency for the purpose of environmental review of the proposed implementation of the Urban Renewal Plan and under the State Environmental Review Act, this is an unlisted action which may have environmental impact, therefore positive declaration that there be a full environmental review on the implementation of the urban renewal plan. At this time, on motion by Councilwoman Price, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby adjourns this matter to a meeting next Friday at 9:30 a.m. in order to review the adequacy of the draft Environmental Impact Statement and Urban Renewal Plan. Supervisor Battelle asked for informal authorization to contact the property owners in the area by letter, and invite them to a meeting with Town Staff so that these proposals can be explained, to which the Board unanimously agreed. 3. Update - Davids Island Councilwoman Price read her prepared statement as follows: Within the past few months many questions have arisen regarding the development of Davids Island. Most of these concerns have focused on a growing movement underfoot and underground to resolve questions raised by state, county and local officials as well as by concerned citizens regarding the adequacy of the environmental impact statement (EIS) on the Davids Island project. Concerned environmentalists such as the Federated Conservationists of Wetchester and involved citizens such as the Save Davids Island for the Citizens organization view with increasing dismay the following events: the Gannett press' reporting of meetings between the developer and certain Department of State officials; closed meetings of the New Rochelle City Council regarding the project's progress or lack thereof; Mayor Paduano's annoyance that certain public officials were commenting on the Davids Island project and that there should not be any leaks regarding negotiations; rumors of memos circulating in certain county office corridors relating to new bridge routes for Davids Island. My own investigations and inquiries have generated the same troubling concerns. 5 ass March 1, 1989 What has been forgotten in the less than open meetings and negotiations is the public's right to know. Citizens' review and input permeate the intent as well as the basis for the EIS. Moreover, the EIS must be an objective document grounded in impartial scientific and environmental data so that every citizen has the ability to make an informed and intelligent assessment on an issue so vital to the interest of us all along the sound shore. As importantly, Federal, State and County Agencies who must review and pass on issues contained within the EIS must have the benefit of citizens' comments so as to render decisions in the best interest of all concerned. The way in which decisions are made on this project is as important as the decision itself. We must insure that the process and procedures mandated by law are carried out in a consistently fair and even-handed manner. With this objective in mind and to protect our citizens' concerns and interests, I am requesting that the Board engage Steven M. Silverberg of the Law Firm of Hoffman, Silverberg, Wachtell and Koster to: 1. Review the EIS and all related testimony 2. Make recommendations as to the proper procedures for the Town to take to insure that the public's right to know is not thwarted at any critical stage in the environmental process. The Village of Larchmont and the Village of Pelham have agreed to join us in this venture. Steve Silverberg has worked well with our Town Board since 1984. However, I would like to give all of you a brief rundown on Steve's accomplishments in the field of environmental law (see resume) . Steve together with the support of his firm's members can begin work immediately on this project. He has been kept informed of all issues and will not need to spend any taxpayer's money to either apprise him of the problem or update him on any of the issues that have emerged during the past year. I will certainly continue to spend my time and energy to continue research on the legal isues involved so that this legal engagement will be cost-effective as possible to all of our residents. Councilwoman Price then briefly reviewed Counsel Silverberg's resume and upon her motion, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby engages Steven Silverberg of the firm of Hoffman, Silverberg, Wachtell & Koster of Knollwood Road, White Plains, New York to review the Environmental Impact Statement and all related testimony and make necessary recommendations to insure that the public's right to be informed is not thwarted during any critical stage concerning Davids Island. At this time the regular agenda of the meeting was changed and Item #5 under AFFAIRS OF THE TOWN was taken up. 6 March 1, 1989 3 • 0 5. Discussion -Preliminary Report Rockingstone Avenue and Mountain Avenue Town Administrator, Stephen Altieri, reported that in accordance with the Board's request, Allan Davis Associates has completed its preliminary report on Rockingstone and Mountain Avenues. He noted that the report is self-explanatory and that they have provided several recommendations for consideration by the Town, some of which vary from those originally made by the Traffic Committee. Following some discussion, Supervisor Battalia suggested that this matter be referred once again to the Traffic Committee, with general consensus of the Board. At this time the regular order of the agenda was resumed and Item #4 under AFFAIRS OF THE TOWN was taken up. 4. Authorization - Recodification of Town Code Following explanation by the Administrator, on motion by Councilman Chapin, seconded by Councilman McGarr, it was unanimously RESOLVED, that as authorized in the Town Budget for 1989, this Board hereby authorizes the Town Administrator to execute the Agreement between the Town of Mamaroneck and General Code Publishers for Recodification of the Town Code. 6. Authorization to Prepare Specifications and Accept Bids: a) Bucket Truck b) 20 Yard Refuse Collection Vehicle c) 5 Yard Dump Truck Pursuant to a memo from the Administrator and his brief explanation that the possibility of purchasing the Dump Truck through a New York State contract should specifications meet the Highway Department's needs, as will be done for two vans, on motion by Councilman McGarr, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby authorizes the Administrator to prepare specifications and advertise for bids for the following: a) Bucket Truck b) 20 Yard Refuse Collection Vehicle c) 5 Yard Dump Truck. 7 371 March 1, 1989 8. Salary Authorization - Town Clerk's Office Following a brief explanation by the Supervisor, on motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby approves the appointment of Marianne Robino of the Village of Mamaroneck to the office of the Town Clerk, at an annual salary of $22,240, effective March 6, 1989. WRITTEN COMMUNICATIONS The Supervisor reported that she had received a letter from the American Red Cross requesting that the Town fly the American Red Cross Flag during the month of March, which is traditionally Red Cross Month. She noted that the flagpole can take care of only two flags and that at present there are two displayed. Following some discussion, it was the general consensus that this be allowed. ORAL COMMUNICATIONS A resident asked about the MTA parking and when the Traffic Committee meets next, to which the Supervisor responded that the Board had decided not to proceed with the MTA parking and that the Traffic Committee will meet on March 7th in the Senior Center. THE SUPERVISOR Supervisor Battalia reported that she and the Administrator had met last night with residents of Deerfield Lane concerning the possible extension of water service, and presented all necessary information to them. She stated that they seemed very pleased with the information put together and proposals made to them. She went on to say that they will hold a neighborhood meeting to decide whether they wish to go forward and if they do, they will be petitioning the Town Board to proceed, which is the formal step they have to take. REPORTS OF THE COUNCIL No Reports 8 37a March 1, 1989 ADJOURNMENT There being no further business to one before the Board, on motion by Councilwoman Price, seconded by Councilman Chapin, the meeting was unanimously declared adjourned until 9:30 a.m. on Friday, March 3, 1989, at 9:35 p.m. Town Clerk Patricia A. DiCioccio 9