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HomeMy WebLinkAbout1989_04_26 Town Board Regular Minutes 398 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMA1 NECK, HELD ON THE 26TH DAY OF APRIL 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 Roam A to discuss litigation, personnel and acquisition of real property, after which, on motion duly made and seconded, the Executive Session was unanimously declared adjourned at 7:40 p.m. into a Work Session. A Work Session was held for the purpose of discussing Capital Projects, after which, on motion duly made and seconded, the Work Session 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 8:22 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: Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator Edward " M. Lieberman, Town Counsel Paul Munch, Chief of Police William McDermott, 1st Deputy Fire Chief Louis Santoro, 2nd Deputy Fire Chief CALL TO ATIENIION Supervisor Battalia pointed out to those assembled the locations of exits as required by law for public gatherings. 3.99 BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Battalia at 8:25 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 Commissioner Elaine Price C mmissioner John McGarr 1. Commissioner Silverstone presented fire claims for authorization of payment and on her motion, seconded by Commissioner Chapin, it was unanimously RESOLVED, that this Cammission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: All Power Equipment Co., Inc. $ 105.00 The Belcher Co. of N.Y., Inc. 263.24 R. G. Brewer 69.43 Consolidated Uniform Service 24.50 ESCO 25.00 Excelsior Garage & Machine Works, Inc. 1,051.54 Excelsior Garage & Machine Works, Inc. 1,644.01 Fagel EMS Specialties 74.50 I. & T. Plumbing & Heating Co.,Inc. 55.00 Larchmont Auto Parts Dist., Inc. 78.74 Lawrence Heat & Power Corp. 899.92 Lawrence Heat & Power Corp. 119.94 NYNEX 9.00 Portronix 247.90 Picket Lock & Safe Co. 8.02 Roberts 539.00 Town of Mamaroneck Professional Fire Fighters Association 110.04 $5,320.28 2. Commissioner Silverstone announced that it was learned from Assemblyman Tocci that the Town will receive $23,000 to be applied toward the purchase of the mini-attack pumper for use by the Fire Department. There being no further business to carte before this Commission, on motion by Councilman Chapin, seconded by Commissioner McGarr, the meeting was unanimously declared adjourned at 8:40 p.m. 2 400 April 26, 1989 PUBLIC HEAR'T' S - No Parking Ordinance - Intersection of Mountain Avenue and Rockingstone Avenue Traffic Control Device - Intersection of Mountain Avenue and Rockingstone Avenue Supervisor Battalia asked Town Counsel, Edward Lieberman, if it were possible to hold a joint Hearing on both above-mentioned items since they are intertwined, to which he replied that it is possible as long as resolutions are kept separate. The Supervisor then requested a motion to open, and upon motion by Councilman McGarr, seconded by Councilwoman Price, it was unanimously RESOLVED, that both Public Hearings be, and hereby are declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notices of Hearing. Town Counsel, Edward Lieberman, gave explanations and comments pertaining to the proposed Local Law for a traffic light and the proposed no parking ordinance. The Supervisor then asked that those in favor of either proposal first address the Board. Peter Hickey of Pelham Manor stated that he had cane in support of those who wish the light since his daughter had been struck by a car and he felt that people traveling Rockingstone toward the sound would then have to slow down and stop. Sandra Marraffino, 150 Rockingstone, read a report prepared by her husband and presented it, together with a listing of 16 accidents which had occurred over the last four years. Rosemary O'Brien of 169 Rockingstone commented that a no parking regulation would make it far more difficult to pull out of driveways. Heidi Longo of 158 Rockingstone noted that she supports her neighbors in being opposed to the no prking proposal since it actually helps her also when trying to back out of her driveway, which she does several times during the course of the day. Patty O'Brien, 169 Rockingstone, commented that every morning while pulling out of Wildwood she is unable to see because of the blind corner and she favors a light. Lee Rubin of 193 Rockingstone mentioned that although it does not directly affect him, he tends to sympathize with his neighbors in opposing the no parking proposal but is strongly in favor of the blinking red light on Rockingstone. Robert Boylan of 66 North Chatsworth stated that he felt a red light may cause a traffic backup on North Chatsworth and he is opposed to this change. Supervisor Battalia advised that the Town had received a number of written communications from various residents and gave the following recount of each: Mr. & Mrs. Trefzger of 15 Spruce Road are in opposition to the proposal to reverse the blinking light since they felt too many drivers might ignore it, causing the intersection to be even more dangerous than it is presently; 3 401 April 26, 1989 Mrs. Rita Petrocelli, 8 Spruce, as a homeowner and resident, is against reversal of the blinking light and questioned if anyone considered traffic jams and congestion; Mr. James Santos of 223 Rockingstone, who commented that Rockingstone is a wider and more frequently travelled street than Mountain Avenue and gave a number of reasons as to why there is no logic in having the blinking light reversed; Mrs. Gladstone of 5 Knollwood Drive, who, as a 25 year resident is against another traffic light and felt there are enough traffic lights between this end of Town and the Village, and that more problems would be created by motorists driving through quiet streets to avoid yet another light; A petition signed by 17 residents of the area stating that they are absolutely opposed to the installation of a traffic light at Mountain and Rockingstone Avenues because (1) children do not cross at that corner, (2) there are presently 4 traffic devices and if they are not obeyed, a light command would not draw a different response, (3) coming up the hill, if one stopped in snow, one would be unable to start again and therefore people would run it, and (4) if a light replaces a flasher it will block North Chatsworth at the stop where it makes the turn, by a traffic backup caning fran Town. At this time a resident in the audience, Eugene Trevor of 166 Rockingstone, stated that he was absolutely in favor of a blinking light facing Rockingstone for safety reasons. Frank Shea of 162 Rockingstone, mentioned that he had attended the last meeting, and felt the question came down to speed. He also felt that red will have more of an impact than yellow, and since it is a blinking light and can be seen from quite far, it will easily lend ample time for stopping. He noted that Mountain is more of a connecting road than Rockingstone and he supports the idea of reversing the blinking light but does not feel that eliminating the parking will control the basic problem. Supervisor Battalia asked if anyone else wished to comment and then asked the Board if they had any ,enaspanse they wished-_to make. Councilman Chapin stated that, as liaison to the Traffic Committee, he has been involved with this issue for quite a while and in discussions over the past few years, the clue is that there are too many accidents in the area and something has to be done. He believes that a parking restriction is unfair as a solution, and he further believes that a blinking light, not a red-yellow-green light as recommended by the Traffic Committee, would be a solution. The Supervisor stated that from personal observance on many, many occasions, at various times of day, there is an easing onto Rockingstone with maybe every fourth car making a stop, and her concern is that, in an attempt to address this matter and forge a solution, more serious problems may be created. She was unsure that all of the drivers on Rockingstone would make a legitimate, law-abiding full stop, and feared that drivers on the feeder roads would now legitimately ease themselves onto Rockingstone presuming that everyone on Rockingstone is abiding by the red full-stop. She went on to say that there must be signs notifying people of hidden driveways and streets, speed signs should read "strictly enforced" 4 402 April 26, 1989 Councilman McGarr indicated that in terns of the no parking regulation, he is not in favor of it, and in terns of speed enforcement, he would be in favor of more enforcement and signs as well as a blinking light giving ample notice. Councilwoman Price commented that since safety is the number one factor and there have been too many accidents, speed and blind spots definitely relate to the safety. She noted that the traffic consultant's report stated that the accidents are not significant to the recommendations some residents are making. She felt, however, that if these accidents relate to speed and blind spots, a blinking light may be in order. In terns of the no parking, she agrees with the concerns of the residents but, she noted, cars were also banned on Rockland Avenue near Badger because of a safety factor and she is also concerned with being consistent in looking at these problems and having a uniform approach. She summed up by saying that she favors a blinking light but needs to get into the safety factor in greater detail since it runs contrary to the recommendations of our traffic consultant to whom she gives great deference since Mr. Davis has been in this business a long time. Councilman Chapin noted that he is concerned about one point on enforcement, mainly that just about every car exceeds the 30 m.p.h. limit meaning that almost every car would have to be stopped. Councilwoman Silverstone commented that she is greatly concerned about the safety, and that she drives on Rockingstone on a very regular basis since she lives at the top of the hill. She went on to say that of the parked vehicle accidents, two occurred in front of 150 and one at 151 Rockingstone, right across the street. She stated that it may be wise to try disallowing parking to just beyond the 150, 151 area so there will not be cars parked right within that blind spot ara. She further stated that she is extremely concerned about reversing the light and, having thought about it seriously over the last weeks, she cannot believe this is the correct solution. She added that she does not see people on Mountain Avenue stopping for the red blinker and is concerned that reversing the blinker would cause more accidents.. A great deal more discussion ensued among the Board and residents, after which time, Supervisor Battalia suggested that since the Board meets one week from tonight and since she does not feel she has the consensus for a resolution tonight, having heard all comments, they study the vehicle report from the Police Chief, the Traffic Committee's comments and recommendations, Mr. Davis' and Mr. Marraffino's reports, and place this as the first item on the agenda of the May 3rd meeting. Thereafter, on motion by Councilman Chapin, seconded by Councilman McGarr, the Public Hearings were unanimously declared closed. 5 403 April 26, 1989 At this time the regular order of the agenda was changed and Item #4 under AFFAIRS OF THE TOWN was taken up. 4. Set Public Hearing - Increase An Improvement of Facilities- Mamaroneck Water District #1 Following a brief explanation by the Town Administrator, Stephen Altieri, and some discussion among the Board and Town Counsel, on motion by Councilman McGarr, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby sets May 17, 1989 as the date for a public hearing on bonding for the increase and improvement of facilities of the Mamaroneck Water District No. 1 of the Town of Mamaroneck, Westchester County New York, at an estimated cost of $225,000, in accordance with the provisions of Section 202-b of the Town Law 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. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Dolores A. Battalia VOTING Aye Caroline Silverstone VOTING Aye Stephen C. Chapin VOTING Aye Elaine Price VOTING Aye John McGarr VOTING Aye The resolution was thereupon declared duly adopted. At this time the regular order of the Agenda was resumed. APPROVAL OF MINUTES - February 15, 1989 (held over) - April 5, 1989 The Minutes were deferred to the meeting of May 3rd. AFFAIRS OF THE TOWN 1. Authorization - Consent Agreement Village of Mamaroneck Landmarks Committee The Administrator explained that the Village of Mamaroneck Landmarks Committee requested that the Town sign a consent 6 4104 April 26, 1989 form authorizing then to designate Mount Pleasant Cemetery as a historic landmark. Town Counsel, Edward Lieberman explained further, interpreted the consent form, and held a brief discussion with the Board, after which, on motion by Councilwoman Silverstone, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to sign the consent form that would authorize the Village of Mamaroneck Landmarks Advisory Committee to designate Mount Pleasant Cemetery for inclusion in the preservation district as a protected historic site. 2. Authorization - Tax Map Maintenance Agreement Following a brief update by the Administrator, 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 the James W. Sewall Company of Old Town, Maine for a tax map maintenance program at a unit cost of $15.00 per change. 3. The Administrator advised the Board that in drafting the amendment to the local SEAR law regarding critical environmental areas, Counsel to the Planning Board mistakenly drafted a resolution as opposed to a local law, and this is being corrected before the matter is provided to the Board. On motion by Councilman Chapin, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby sets May 17, 1989 as the date for a Public Hearing on a proposed amendment to the State Environ- mental Quality Review Law (SEAR) of the Town of Mamaroneck; and be it further RESOLVED, that the Town Clerk be, and she hereby is authorized to publish in an offical newspaper of the Town, the Notice of said Hearing as required by law. 7 405 April 26, 1989 5. Bond Resolution - Hammocks Ice Rink Following a brief outline and explanation by the Town Administrator, and upon his recommendation, on motion by Councilman Chapin, seconded by Councilwoman Silverstone, the following resolution was unanimously adopted, to-wit: BOND RESOLUTION DATED APRIL 26, 1989, A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,375,000 SERIAL BONDS AND THE APPROPRIATION AND EXPENDITURE OF $125,000 MONEYS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF THE HOMMOCKS ICE RINK OF SAID TOWN. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THERE2 EFORE BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying part the cost of the reconstruction of the Hommocks Ice Rink in and for the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued $2,375,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of such specific object or purpose is $2,500,000, and the plan for the financing thereof is as follows: a) By the issuance of the $2,375,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Town Board; and b) By the expenditure of $125,000 current funds of said Town, which funds are hereby appropriated therefor. Said current funds shall constitute the down payment required by Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such 8 406 April 26, 1989 notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such teens, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. Upon this resolution taking effect, the same shall be published in full in the official newspaper of the Town, together with a notice of the Town Clerk in substantially the foam provided in Section 81.00 of the Local Finance Law. Section 8. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Dolores A. Battalia VOTING Aye Caroline Silverstone VOTING Aye Stephen C. Chapin VOTING Aye Elaine Price VOTING Aye . John McGarr VOTING Aye The resolution was thereupon declared duly adopted. 6. Salary Authorization - Recreation On motion by Councilwoman Price, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that as provided for in the 1989 Town Budget, authorization is hereby granted for payment of salaries to the following: 9 407 April 26, 1989 Daniel Felhberg, Alternate Manager, Hammocks Pool, $9.00/hour, effective 4/20/89; Daniel Felhberg, Alternate Lifeguard, Hammocks Pool, $8.00/hour, effective 4/20/89; Faith Lind Taylor, Alternate Lifeguard, Hammocks Pool, $5.00/hour, effective 4/20/89; David Sheridan, Alternate Lifeguard, HoamEocks Pool, $5.00/hour, effective 4/20/89; Matthew Gryzlo, Alternate Lifeguard, Hammocks Pool, $5.00/hour, effective 4/20/89; Geoffrey Friedman, Alternate Lifeguard, Hammocks Pool, $5.00/hour, effective 4/20/89; Nicolas Brindel, Tennis Attendant, Memorial Park/ Central, $7.50/hour, effective 4/16/89. WRITTEN COMMUNICATIONS There were no further written coam unciations to cane before the Board at this time, other than those read during the hearing. ORAL COMMUNICATIONS Cathy O'Flynn asked, on behalf of the League of Women Voters, for a further explanation of the bond resolution, if the borrowing has been approved, and for more detail concerning the thirty-day waiting period, all of which was briefly answered and outlined by the Town Administrator. REPORTS OF THE COUNCIL Councilwoman Price announced that she had received a letter from Walter Levy who had apparently taken it upon himself to mail a letter, in a spirit of cooperation, to all the residents in the Gardens Lake area, advising them of ways to improve and keep the Sheldrake River area clean and attractive. THE SUPERVISOR Supervisor Battalia reported that at the work session tomorrow, she is going to recommend to the Sanitation Commission that they move toward mandatory paper recycling. ADJOURNMENT There being no further business to come before the Board, on motion by Councilwoman Price, seconded by Councilwoman Silverstone, the meeting was unanimously declared adjourned at 10:05 p.m. Carol A. Acocella Deputy Town Clerk 10