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1987_01_21 Town Board Regular Minutes
Or MINUTES OF.THE REGULAR MEETINGS OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 21st DAY OF JANUARY, 1987 IN THE CONFERENCE ROOM AND 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 6:45 P.M. in the Court Room. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lawrence A. Lerman Councilman Stephen C. Chapin On motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board recess into Executive Session in the Conference Room to discuss lease agreements and contract negotiations. Thereafter, on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously resolved to adjourn the Executive Session at 8:40 P.M. CALL TO ATTENTION - Location of Exits At this time, Supervisor Battalia pointed out to those assembled the location of exits as required by law for public gatherings. Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Counsel Jean A. Marra, Recording Secretary 076 BOARD OF FIRE COMMMMISSIONERS On motion by Commissioner Amlicke, seconded by Commissioner Silverstone, the meeting of the Board of Fire Commissioners was called to order by Commissioner Battalia at 8:42 P.M. in the Court Room. Present were the following members of the Commission: Commissioner Dolores A. Battalia Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Commissioner Stephen C. Chapin Commissioner Lawrence A. Lerman was called away from the meeting because of a family emergency. 1. FIRE CLAIMS Commissioner Amlicke presented the following 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 Comptroller's Office: AAA Emergency Supply Co., Inc. $ 28.00 AAA Emergency Supply Co., Inc. 39.00 AAA Emergency Supply Co., Inc. 11.00 Consolidated Laundries, Inc. 28.00 ESCO Exterminating Services 21.73 Excelsior Garage & Machine Works, Inc. 80.18 John E. Henry 136.63 John E. Henry 100.00 John E. Henry 151.00 High Point Sanitary Supply Co. 87.77 Lawrence Heat & Power Corp. 631.27 Mamaroneck Garage, Inc. 120.95 John Perri, Chief 28.91 William Premuroso, Lieut. 5.50 Proftech Stationers & Printers 60.12 Spiro-Wallach Co., Inc. 74.42 Kenneth Valle, Lieut. 5.50 Total $ 1,609.98 ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Amlicke, seconded by Commissioner Silverstone, it was unanimously declared that this meeting be adjourned at 8:55 P.M. - 2 - 077 January 21, 1987 At this time, Supervisor Battalia stated that due to the number of people present, the agenda will be moved along as quickly as possible in order for those in attendance to be heard. PUBLIC HEARING - PLUMBING CODE Following Attorney Silverberg's presentation of the proposed Plumbing Code, and on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk then presented the Affidavits of Publication and Posting of the Notice of Hearing for the record. Councilman Amlicke raised a few questions which Attorney Silverberg clarified for him. There being no one who wished to be heard, either in favor of, or opposed to the Plumbing Code, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. At this time, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, the following resolution was adopted by a 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._ of 1987 and has heard all persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby adopt Local Law No. 1 of 1987 entitled "Plumbing Code" and orders that said Local Law, as so amended, adopted and herewith inserted, be made a part of the minutes of this meeting: - 3 - 078 January 21, 1987 TOWN OF MAMARONECK LOCAL LAW NO. 1 - 1987 A Local Law Entitled PLUMBING CODE This Local Law shall be known and cited as "Local Law Regulating the Administration and Enforcement of the Plumbing Code for the Town of Mamaroneck, Outside of the Incorporated Villages." BE IN ENACTED, by the Town Board of the Town of Mamaroneck, as follows: SECTION ONE: PURPOSE The purpose of this local law is to protect the health, safety and welfare of the residents of the Town of Mamaroneck by providing for the licensing and regulation of the plumbing trade. SECTION TWO: LICENSE REOUIRED No person shall do any plumbing work on any premises in the Town of Mamaroneck unless such person shall first be duly licensed in the manner provided by this Code. SECTION THREE: EXAMINING BOARD OF PLUMBERS A. Establishment Upon adoption of this local law by the Town Board, the Town Board shall establish the Examining Board of Plumbers, hereinafter called "the Board." B. Composition The Board shall consist of five (5) members, to wit: The Town Building Inspector, one (1) member of the Town Board, a duly licensed physician practicing in the Town and two persons who have actively engaged in the plumbing business for at least two (2) years. The last four (4) members shall be appointed by the Town Board and must be residents of the Town of Mamaroneck. The term of office of the last-mentioned three (3) members shall be one (1) year, and that of the first two (2) members shall be the term to which each has been appointed or elected, as the case may be. Vacancies shall be filled for unexpired terms. C. Compensation Each member of the Board, except the Town Board member and Building Inspector, shall receive as compensation as such Board member, such amount as a majority of said Board shall determine, but in no event shall such compensation for any one (1) member total more than One Hundred ($100) Dollars per year. The Town Board member and the Town Building Inspector shall serve without compen- sation. - 4 - r January 21, 1987 D. Jurisdiction The Board shall have jurisdiction over and examine all persons desiring or intending to engage in the trade, business, or calling of plumbing as employing plumbers or master plumbers in the Town of Mamaroneck, with the power of examining persons applying for a Certificate of Competency as such employing or master plumbers, to determine their fitness and qualifications for conducting the business of master plumbers, and to issue Certifi- cates of Competency to all such persons who shall have satisfactorily passed the examination before the Board, and shall be by it determined to be qualified for conducting the business of employing or master plumber. E. Examinations The Board shall hold an examination during each June and December hereafter for each of which the entrance fee shall be established from time to time by Town Board resolution. F. Special Examinations A special examination may be held at any time at the discretion of the Board. The expense of such special examination shall be established from time to time by Town Board resolution and shall be deposited with the Town Clerk by the applicant for such special examination. SECTION FOUR: APPLICATIONS Before an applicant shall be admitted to an examination he shall file his application therefor, in writing, with the Town Clerk at least fourteen (14) days before the examination day, pay the Town Clerk the required examination fee, and shall furnish proof of having served at least five (5) years as a journeyman. The names and addresses of applicants shall be forwarded by the Town Clerk to the Board. SECTION FIVE: PUBLICATION OF DATE The Board shall publish in the Town newspaper, for two (2) consecutive weeks, notice of the date and place where each regular semiannual examination shall be held; the last notice to be published at least ten (10) days before the examination date. SECTION SIX: COMPENSATION Compensation of the Board members shall be paid by the Supervisor out of the General Fund. SECTION SEVEN: REGISTRATION and LICENSING A. Master or Employing Plumbers Except as otherwise herein provided, a person desiring or intending to conduct the trade, business, or calling of a plumber or plumbing in - 5 - O8( January 21, 1987 the Town of Mamaroneck as an employing or master plumber, shall be required to pass an examination conducted by the Examining Board of Plumbers, to determine his competency to properly perform his functions as a master or employing plumber. In the case of a firm or corporation, said organi- zation may be represented by one or more members II/ of said firm, or by an officer of the corporation. B. Any person, firm, or corporation who holds a license as a master plumber or employing plumber issued by another municipality which has not lapsed or been revoked, may apply to the Town Clerk for a license to carry on the business or trade of master or employing plumber in the Town of Mamaroneck provided that the application to the Town Clerk is accompanied by (A) a certified copy of said license issued by the other municipality and (B) the required license fee is paid and applicant shall not be required to take the examination as required by Section Three E. SECTION EIGHT: DETERMINATION OF COMPETENCE Upon receipt of the application from the Town Clerk and payment of the fees required by this local law, the Examining Board of Plumbers shall examine the applicant to determine his fitness and competency as provided in this local law. If the Board finds such person or persons to be competent after examination and payment of all fees required by this local law, the Board shall issue to the applicant a Certificate of Competency. Upon the filing of such Certificate of Competency, the Town Clerk, upon payment of further fees required by this local law, shall issue a license to engage in business as a master or employing plumber in the Town of Mamaroneck. SECTION NINE: CERTIFICATE OF COMPETENCY The applicant for a Certificate of Competency shall pay a fee to be established from time to time by Town Board resolution to cover the cost of his examination, and no part of said fee shall be returned to the applicant whether or not the certificate is granted. SECTION TEN: MASTER PLUMBER LICENSES The Town Clerk of the Town of Mamaroneck shall, upon application therefor, issue a master plumber's license to the persons entitled thereto in accordance with the preceding section of this local law, and any person to whom the master plumber's license is issued shall register his name and address at the office of the Building Inspector. SECTION ELEVEN: EXPIRATION OF LICENSES All master plumbers' licenses issued under the provisions of the preceding section of this local law shall expire on the 31st day of December of the year in which they are issued and may be renewed for one (1) year from the first day of January in each year, upon - 6 - QE January 21, 1987 application made within thirty (30) days preceding expiration. The master plumber's license of any person failing to renew within the time above specified shall become void. ECT S ION TWELVE: CORPORATIONS A domestic corporation desiring or intending to conduct the trade, business, or calling of a plumber or of plumbing in the Town of Mamaroneck as employing or master plumber, may do so provided one (1) or more officers of such corporation separately or aggregately actually hold and own at least fifty-one (51%) percent of the issued and outstanding capital stock of said corporation, and provided that each of such officers holding such percentage of the stock is the holder of a master plumber's license issued by the Board as pro- vided in this local law. Each and every member of said corporation holding a master plumber's license shall comply with all the rules and regulations applicable in master or employing plumbers in the Town of Mamaroneck. Such corporation shall register at the office of the Building Inspector. SECTION THIRTEEN: BOND REOUIRED Each licensee shall file with the Town Clerk a bond in the sum of Two Thousand Five Hundred ($2,500) Dollars issued by an indemnity company of, or not less than, two (2) individual sureties satisfactory to the Town Board of Mamaroneck and a Certificate of Insurance naming the Town of Mamaroneck as a co-insured in an amount not less than Five Hundred Thousand ($500,000) Dollars, conditioned to indemnify and save harmless the Town of Mamaroneck of and from all damages and losses which may result from the work of said licensee or his or its officers, agents, or employees being done carelessly or imperfectly or in such a way that injury or loss results to persons or property thereby, or by reason of the licensee failing to comply with all and singular rules and regulations as now or may hereafter be established by the Board, or with any laws or ordinances of the Town of Mamaroneck and laws of the State of New York. SECTION FOURTEEN: DISPOSITION OF FEES All license fees and examination fees received by the Town Clerk shall be paid by the Clerk to the Supervisor within thirty (30) days after the receipt thereof and deposited in the Town General Fund. The Building Inspector shall turn over to the Supervisor all permit fees received by him within thirty (30) days after receipt thereof for deposit in the Town General Fund. SECTION FIFTEEN: USE OF NAME OR LICENSE No licensed plumber shall allow the use of his or its name or license to any unlicensed person, firm or corporation for the purpose of obtaining permits or otherwise conducting plumbing work in the Town. - 7 - 082 January 21, 1987 SECTION SIXTEEN: DISPLAYING LICENSE Any person, firm or corporation doing plumbing work in the Town of Mamaroneck shall exhibit his or its license upon request to any officer of the Town, Town Board member, member of the Board or the Board's representa- tive and shall, while opening any highway for purposes incidental to such work and while such highway is opened, exhibit in a conspicuous place adjacent to such • opening a sign at least one (1) foot square, plainly marked, showing the number of such license. No street or highway may be opened without first complying with all regulations pertaining to street opening. SECTION SEVENTEEN: EOBTEMISFERABILITY The dissolution of a firm or corporation shall operate as a cancellation of the license of such firm or corporation. Licenses shall not be transferable. SECTION EIGHTEEN: ,SUSPENSIONS and REVOCATIONS A license may be suspended or revoked at any time by the Board if, in its judgment, the best interests of the inhabitants or the Town shall be served thereby. Such suspension or revocation is reviewable by the Town Board if the licensee requests a review in writing to the Town Board within thirty (30) days of the suspension or revocation of the license. SECTION NINETEEN: PRIOR APPROVAL OF PLANS A. Before any plumbing work is started or before any additions or alterations are made to old work, an application on regular printed forms properly filled out in ink and signed by a licensed master plumber shall be filed in the office of the Building Inspector, together with plans and a description in duplicate showing and describing the proposed work, except that where only stop- pages are removed or leaks repaired or where plumbing fixtures are replaced without altering or disturbing any drain, soil, waste or vent pipe, no application or permit will be required. B. The plumbing plans shall consist of such floor plans and sections as may be necessary to show clearly all the work to be done including all sewers, drains, soil, waste and vent pipelines and the location of fixtures and their traps and connections. All plans shall be drawn to scale in ink or may be the prints of such scale drawings. C. No work shall commence until the plumbing plans and specifications referred to in this section have been approved in writing by the Building Inspector. D. Modification of approved plans or of the work described therein shall not be permitted unless such changes have been previously approved in writing by the Building Inspector, on written application, signed by the owner or architect. - 8 - January 21, 1987 E. Approval of all plans expires six (6) months from date of issuance of the permit unless work is in progress. If work is not begun under approved plans within that time, such plans shall again be presented to the Building Inspector for reconsid- eration. SECTION TWENTY: FEES FOR INSTALLATION The Town Board shall from time to time, by resolution, fix fees for installation and inspection. SECTION TWENTY-ONE: HOUSE SEWER INSPECTIONS A11 house sewers between the building and the street line shall be laid by a licensed plumber under the specifications set forth. This work shall be inspected once by the Inspector upon notification by the plumber that the entire line is complete and ready for inspection. SECTION TWENTY-TWO: PLASTIC and FIBER PIPE A. The use of plastic pipe for any part of the sanitary sewer system or domestic water and supply system in any structure in the Town of Mamaroneck is prohibited. B. Plastic pipe to be used in roof leaders, other storm water pipes and underground drainage pipes for ground water may not be used until samples of plastic or fiber pipe of strong and durable quality are submitted to the Building Inspector for approval. Only if approved, may they there- after be used in and around structures as set forth in plans submitted to the Building Inspector. SECTION TWENTY-THREE: NOTICE OF VIOLATIONS A. Whenever a person violates any of the provisions of this local law or whenever any person omits or refuses to comply with the provisions of this law or deviates from the approved plans and specifi- cations for plumbing and draining filed with the Inspector, the Building Inspector shall serve notice of violation thereof upon the master plumber doing the work and upon the owner or occupant of the premises. B. Such notice may be served personally or by mail and, if by mail, may be addressed to such master plumber at the address registered by him with the Building Inspector and upon the owner or occupant at the address given by him upon any application made by him for the plumbing work in connection with which the violation occurs; or, if no permit is obtained, notice shall be served upon the owner or occupant at the location of the work, but the failure of the master plumber to register shall relieve the Building Inspector from the require- ment of giving such notice to the master plumber. - 9 - 08 ,? January 21, 1987 Unless the violation is removed within five (5) days after the day of serving or the mailing of such notice, exclusive of the day of serving or mailing, then each day thereafter that such vio- lation continues shall be considered a separate offense. SECTION TWENTY--FOUR: VIOLATIONS and PENALTIES Any person who omits or refuses to comply with or resists, willfully violates any of the provisions of this local law, or who obstructs or hinders any inspector or officer in the due performance of his duty hereunder, shall be punishable for each conviction by a fine of not less than Fifty ($50) Dollars nor more than Five Hundred ($500) Dollars, or by imprisonment in case of default in payment of the fine, for a period not exceeding thirty (30) days. Each day the provisions of such law are violated after due notice has been served upon the offender in writing shall constitute a separate offense and subject the offender to a like penalty and, if the offender is a master plumber, he shall forfeit any license or certificate of competency or registration which he may hold from the Examining Board of Plumbers. Such violation shall also subject any person committing the same to a penalty in the sum of One Thousand ($1,000) Dollars, recoverable in a civil action brought by or on behalf of the Town of Mamaroneck. In addition, The Town may take whatever additional actions in the nature of injunction or otherwise that is otherwise provided for by law. SECTION TWENTY-FIVE: SEVERABILITY If any term, part, provision, section, subdivision or paragraph of this law shall be held unconstitutional, invalid, or ineffective in whole or in part, such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, sub- divisions and paragraphs thereof. SECTION TWENTY--SIX: EFFECTIVE DATE This local law shall become effective immediately upon filing in the Office of the Secretary of State in accordance with the Municipal Home Rule Law. (Fee Schedule on following page) - 10 - ©sue January 21, 1987 AMENDMENT TO FEE SCHEDULE The following are fees with regard to plumbing which should be added to the Town Fee Schedule: FEES FOR: Entrance and Examination $25.00 Entrance and Special Examination 50.00 Certificate of Competency 25.00 Master Plumber's License 25.00 Renewal of Master Plumber's License 15.00 Certified Copy of Master Plumber's License 10.00 PERMIT FEES: Sewer Connection $25.00 1 to 9 inclusive - Plumbing Fixtures 25.00 10 to 100 inclusive - Plumbing Fixtures 2.00 each 101 to 150 inclusive - Plumbing Fixtures 1.50 each Over 150 inclusive - Plumbing Fixtures 1.00 each * * * * - 11 - O8 January 21, 1987 Supervisor Battalia stated that Congress has designated February as American History Month and she also stated that Black History Month is celebrated each year in February. The reading of the Proclamations was dispensed with by the Supervisor and, on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, the following Proclamations were unanimously adopted: WHEREAS, The Congress of the United States of America has designated February as American History Month; and WHEREAS, during two hundred and eleven years of American independence our nation has grown in strength and remains stable and free; and WHEREAS, the accomplishments of our nation are deeply grounded in the wisdom and spirit of the founders of our country whose foresight, courage, and human under- standing were embodied in the basic law of our land and the Constitution which they drafted and adopted; and WHEREAS, our forefathers strength and wisdom was enhanced by the experience of the early settlers of the 13 colonies in estab- lishing settlements in the wilderness of the American continent such as the Town of Mamaroneck which celebrated in 1986 its 325th anniversary; and WHEREAS, the lessons of our history, in both the successes and the mistakes, furnish invaluable guidance to those of us who bear the responsibility to preserve and build upon the benefits of our free, open and democratic society for ourselves and future generations. NOGG, THEREFORE, BE IT RESOLVED that I, Dolores A. Battalia, Supervisor of the Town of Mamaroneck, do hereby proclaim the month of February 1987 as AMERICAN HISTORY MONTH throughout the Town of Mamaroneck. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed. /s/Dolores A. Battalia, Supervisor - 12 - O7M January 21, 1987 PROCLAMATION WHEREAS, Black History Month is celebrated each year in February; WHEREAS, Black Americans have contributed to the growth and prosperity of America from its inception; and WHEREAS, it is important that the contributions of Black Americans to the quality of American life be recognized by all; and WHEREAS, the achievements and contributions of Black Americans were once made in the face of considerable adversity and hidden under a cloak of obscurity; and WHEREAS, said achievements and contributions have long been in the fields of civil rights, exploration, human services, the military, natural, political and social sciences, and continue to include such fields as the arts, law, architecture, commerce and industry, education, medicine, engineering, and philosophy; and WHEREAS, since 1976, the month of February has been set aside to focus on Black heritage and to study and appreciate the contributions of Black Americans. NOW, THEREFORE, BE IT RESOLVED that I, Dolores A. Battalia, Supervisor of the Town of Mamaroneck, do hereby proclaim the month of February 1987 as BLACK HISTORY MONTH throughout the Town of Mamaroneck and invite all of its residents to join in the celebration of Black History Month and salute Black history-makers, past and present. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed. /5/ Dolores A. Battalia, Supervisor Town of Mamaroneck - 13 - 1 (nr January 21, 1987 AFFAIRS OF THE TOWN 1. APPOINTMENTS - Board of Assessment Board of Ethics Civil Officers Examining Board of Plumbers Town Prosecutor Board of Assessment: Supervisor Battalia explained that due to new State regulations, the appointment terms of members on the Board of Assessment Review had to be revised to comply with the mandated terms, therefore, on motion by Councilman Silverstone and seconded by Councilman Amlicke, it was unanimously RESOLVED, that Eric J. Almguist of 49 Stuyvesant Avenue, Town of Mamaroneck, be, and he hereby is, appointed as a member of the Board of Assessment Review of the Town of Mamaroneck for a term of five years, retroactive to October 1, 1986 and expiring September 30, 1991; and be it further RESOLVED, that Douglas C. MacDonald of III 1303 Birch Hill Lane,Town of Mamaroneck, be, and he hereby is, appointed as a member of the Board of Assessment Review of the Town of Mamaroneck for a term of five years, retroactive to October 1, 1986 and expiring September 30, 1991; and be it further RESOLVED, that Robert J. Plaut of 1 Lancia Lane, Town of Mamaroneck, be, and he hereby is, appointed as a member of the Board of Assessment Review of the Town of Mamaroneck for a term of five years, retroactive to October 1, 1986 and expiring September 30, 1991. At this time, Supervisor Battalia announced that due to the fact that Councilman Lerman had to leave the meeting, the other scheduled appointments would be put over until next month's meeting. III 2. AUTHORIZATION - WESTCHESTER SHORE HUMANE SOCIETY CONTRACT Administrator Altieri produced a list of activity statistics from the Westchester Shore Humane Society which Councilman Amlicke had requested at the previous meeting. - 14 - 089 January 21, 1987 Councilman Amlicke stated that he was not very pleased by the declining figures shown in the report as he has observed numerous animals roaming the streets. He then requested the figures for 1984. Administrator Altieri said that this matter would be discussed with the Humane Society, and the Supervisor recommended entering into the contract and monitoring the services very carefully. Thereafter, on motion by Councilman Chapin, seconded by Councilwoman Silverstone, with Councilman Amlicke voting nay, the following agreement was adopted: This agreement, made and entered into the day of January 1987, by and between the TOWN OF MAMARONECK, a Municipal Corporation in the County of Westchester and State of New York, party of the first part, and West- chester Shore Humane Society, Inc. , a corporation created and existing under the Membership Corporations Law of the State of New York, its prin- 1 cipal office being at Harrison Avenue, in the Town/Village of Harrison, New York, party of the Second part. WITNESSETH: The party of the second part in consideration of payment to it by the party of the first part of the sum:-- of money agreed to be paid in the manner and at the times hereafter particularly described, hereby convenants and agrees that: FIRST: The party of the second part will, through its duly appointed agents and employees, within the unincorporated limits of the party of the first part, operate a dog patrol to seize and impound dogs, whether licensed, unlicensed, or tagged, not restrained by a leash off the owner's premises in violation of the Ordinance of the Town of Mamaroneck adopted February 7, 1932, which is known as Chapter Six, Section Four of the Code of the TOWN OF MAMARONECK, it will provide and maintain a shelter for seized dogs and for the lost, strayed or homeless dogs. It will humanely destroy or dispose of seized dogs not redeemed as provided in Article 7 of the Agriculture and Markets Law, and it will properly care for all animals in such shelter which shall, at all times during the term hereof, be under the care and charge of a competent employee and shall be open to the public per the following schedule: Office Hours: 8:00 AM to 4 :00 PM, Monday through Friday (Note 1) 8:00 AM to 12:00 Noon Saturday (Note 1) Adoption hours and admission to kennel: Same as above. Note: Except closed on these 6-1/2 holidays: January 1 - New Year's Day May 25 - Memorial Day July 4 - Independence Day { f I i September 7 - Labor Day November 26 - Thanksgiving Day December 24 - Christmas Eve (12 Noon 1/2 day) December 25 - Christmas Day - 15 - January 21, 1987 090 SECOND: The Society will file and maintain a complete record of any T� seizure and subsequent disposition of any dog in the manner prescribed by the Commissioner of Agriculture and Markets as well as any other records required by Article 7 and the rules and regulations promulgated pursuant thereto. THIRD: The Society will provide a radio-equipped ambulance with driver and operate the same within the unincorporated limits of said municipality with two days patrolling per week. Patrolling schedules will change weekly. Such patrol shall operate between the hours of 8:00 AM to 4:00 PM. Said ambulance will pick up stray, sick, injured or unwanted dogs upon the request of the Police Department, public official or .a.ny resident of the munici- pality. FOURTH: The officer or agent of the Society shall issue summonses to owners of the dogs found running at large. FIFTH: Any dog found running at large with or without license shall be seized and delivered to the shelter. It shall be properly fed and cared for at the expense of the municipality until disposition thereof be made as herein provided. It is further agreed that should the Town Council, by resolution, extend the holding period to accommodate the ' Society's desire to place for adoption rather than euthanize impounded dogs, the expense for the feeding an care beyond those holding periods established under Article 7 Section 118, of the Agriculture and Markets Law shall be the responsibility of the Society. SIXTH: The Society will permit redemption by the lawful owners of seized dogs, directly from the Society's shelter in Harrison, NY, provided a redemption form, DL 18, has been executed by the Municipality and a copy of such form is presented to the Society by the lawful owner. SEVENTH: The Municipalty agrees that in the case of any unredeemed dog title to which has been forfeited to the municipality that the Society shall either euthanize the dog or make it available for adoption pursuant to the provisions of Section 118 of the Agriculture and Markets Law and any local law enacted thereto. EIGHTH: When requested, the Society shall pick up any dog or cat that has been ordered confined by an appropriate Town official, pursuant to provisions of Section 2.14 of Part 2 of the State Sanitary Code as con- tained in Chapter 1 of Title 10 (Health) NYCRR. NINTH: The Municipality agrees to supply police protection to the officers and agents of the Society in the performance of their duties under this contract when such protection is requested by said officers and agents. TENTH: Each month the Society shall prepare and file with the Town Clerk a report (DL87) on animals seized and released for the Town of Mamaroneck. ELEVENTH: The dog patrol ambulance shall bear the following lettering on both sides: MUNICIPAL DOG PATROL with the telephone number of the Humane Society on each door and a special listing of same in the telephone direct- "' It is agreed that the dog patrol shall operate from 8:00 AM to 4:00 PM, Monday through Friday (except per NOTE 1 under "FIRST") . Notification shall be made to the Town of Mamaroneck Police Department when the dog patrol enters the Town fo patrol purposes. TWELFTH: It is understood and agreed by and between the parties hereto that this agreement shall commence on January 1 , 1987, and shall continue to and include the 31st day of December, 1987. - 16 - 091 January 21, 1987 THIRTEENTH: In consideration of the faithful and complete performance by the party of the second part of the terms of this agreement, the party of the first part, pursuant to the provisions of Article 7 of the Agri- culture and Markets Law, as amended, hereby agrees to pay the party of the second part the sum of $11,628.10 in equal monthly installments of $969.00 per month. • IN WITNESS WHEREOF: The parties, hereto have caused this agreement to be executed by their respective duly constituted officers and their re- spective seals to be hereupon affixed, as of the day and year first above written. 3. AUTHORIZATION - SELL SAILBOAT Administrator Altieri stated there has been a decline in enrollment of the sailing program and also that the costs for docking have increased and he recommended that one 19 foot sailboat be declared surplus and offered for bid. In answer to Councilman Chapin's question, Mr. Altieri explained that only one boat would be sold because it was twenty years old and in the worst condition. Thereafter, on motion by Councilwoman Silverstone and seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby declares one Rhodes 19 foot sailboat, named "Oh Daddy," as surplus; and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to initiate the sale of said sailboat by accepting sealed bids on same. 4. DESIGNATION OF DELEGATE TO ASSOCIATION OF TOWNS MTG. After some discussion, and on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously II RESOLVED, that Patricia A. DiCioccio be designated to attend the Annual Business Session of the Association of Towns of the State of New York, to be held at New York City, on February 18, 1987, and to cast the vote of the Town of Mamaroneck pursuant to Section 6 of Article III of the Constitution and By-Laws of said Association of Towns. - 17 - 09' January 21, 1987 5. RESOLUTION - ATTENDANCE AT WESTCHESTER JOINT WATER WORKS MEETING Supervisor Battalia stated that she would be unable to attend a meeting of the Westchester Joint Water Works, and on motion by Councilman Amlicke, seconded by Councilman Chapin, it was unanimously IIIRESOLVED, that I, Dolores A. Battalia, Supervisor of the Town of Mamaroneck, and as a member of the Board of Trustees of the Westchester Joint Water Works, do hereby appoint Caroline Silverstone, Councilwoman of the Town of Mamaroneck, to act in my place and stead at a regular meeting of the Board of Trustees of the Westchester Joint Water Works to be held at 1625 Mamaroneck Avenue, Mamaroneck, New York, on January 27, 1987, with full powers to vote in, pursuant to Section 6124 of the Unconsolidated Laws of the State of New York. /s/ Dolores A. Battalia Supervisor of the Town of Mamaroneck III III6. SCHEDULE PUBLIC. HEARING - SENIOR CITE ENS TAX ABATEMENT Following a brief discussion, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby sets Wednesday, February 25, 1987, at 8:15 P.M. as the date and time for a Public Hearing on the proposed Adoption of Real Property Law Section 467-b; and be it further RESOLVED, that the Town Clerk be, and she hereby is, authorized to publish in the Official Newspaper of the Town, the Notice of said Public Hearing as required by law. III 7. REQUEST FOR USE OF VOTING MACHINES Ms. DiCioccio stated that she received requests for the use of voting machines for the March 18, 1987 Village Elections from the Villages of Larchmont and Mamaroneck. - 18 - 093 January 21, 1987 Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby _ authorizes the use of 17 voting machines by the Village of Mamaroneck for an election to be held on March 18, 1987; and be it further RESOLVED, that this Board hereby authorizes the use of 10 voting machines by the Village of Larchmont for an election to be held on March 18, 1987. 8. SALARY AUTHORIZATIONS - Building Inspector Highway Department Police Department Recreation Department Building Inspector Administrator Altieri explained the difficulty he had in locating a replacement for the Building Inspector by saying construction activity was extremely high in the County and III also the fact that six other Westchester communities were simultaneously looking for a Building Inspector as well. Thereafter, he recommended that William E. Jakubowski be hired to fill the vacancy and, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that William E. Jakubowski of 1553 Hanover Street, Yorktown Heights, be hired as Building Inspector of the Town of Mamaroneck, to be compensated at an annual salary of $38,000, effective February 9, 1987. Highway Department Administrator Altieri announced that there have been two resignations from the Town Repair Shop and that it was necessary to replace personnel and, on motion by III Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Charles Comblo be promoted to the position of Auto Mechanic to be compensated at an annual salary of $25,725, and to be effective January 22, 1987; and - 19 - 094 January 21, 1987 be it further RESOLVED, that Antonia Colantonio be hired for the position of Assistant Auto Mechanic to be compensated at an annual salary of $23,000, and to be effective January 22, 1987. Police Department Administrator Altieri explained that the two Police Officers, whose salary authorization was approved by Board resolution on December 17, 1986, were not interested in the positions and he requested that salary authorization be approved for two alternate candidates. Thereafter, on motion by Councilwoman Silverstone and seconded by Councilman Chapin, it was unanimously RESOLVED, that the Resolution of the Town Board, dated December 17, 1986, providing salary authorizations for two Police Officers, be and it hereby is rescinded; and be it further RESOLVED, that James L. McCarthy of Millwood, New York, be and he hereby is appointed as a Patrolman of the Town of Mamaroneck Police Department, to be compensated at an annual salary of $23,000, effective January 2, 1987; and be it further RESOLVED, that William A. Mery of Croton, New York, be and he hereby is appointed as a Patrolman of the Town of Mamaroneck Police Department, to be compensated at an annual salary of $23,000, effective January 3, 1987. Recreation Department Administrator Altieri submitted a memorandum for salary authorization from William V. Z immermann, Superintendent of Recreation and, on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that as provided for in the 1987 Town Budget, this Board hereby authorizes the hiring of the following individual, to be effective and at the salary so stated: - 20 - 095 January 21, 1987 Ralph Powers, Recreation Attendant, Hommocks Ice Rink, $3.50/hour, to be retroactive to 1/15/87. III School Guards Pursuant to a memo from the Police Commissioner, and on motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that Carl Polony of 1 Sylvan Place, New Rochelle, be and he hereby is hired as an alternate School Crossing Guard, to be compensated at the rate of $29 per day, effective immediately; and be it further RESOLVED, that Rosanne Spiegel of 80 Charles Street, New Rochelle be, and she hereby is hired as an alternate School Crossing Guard, to be compensated at the rate of $29 per day, effective immediately. 9. AUTHORIZATION - LEASE AGREEMENT - MCS THIRD FLOOR TOWN CENTER Administrator Altieri requested authorization to execute the proposed three-year lease agreement with MCS Systems, a small computer company in New York City, who will be leasing approximately 500 square feet at the rate of $17 per square foot. And, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that the Town Administrator be, and he hereby is, authorized to execute said Three-Year Lease Agreement, as revised, with MCS Systems, and that same is hereby subject to permissive referendum. 10. REFERRAL TO TRAFFIC COMMITTEE - Request of the Village of Mamaroneck Speed Limit on Boston Post Road Supervisor Battalia stated that in the communication she received from the Village of Mamaroneck, it was requested that the Town review a resolution recently adopted by the Village Board regarding the speed limit on Boston Post Road and on Route 127. - 21 - V:96 January 21, 1987 On the Supervisor's recommendation, and on motion by Councilman Amlicke, seconded by Councilman Silverstone, it was unanimously RESOLVED, that the resolution, adopted by the Board of Trustees of the Village III of Mamaroneck on January 12, 1987 regarding the speed limit on Boston Post Road and on Route 127, be referred to the Traffic Committee for their input. At this time, Supervisor Battalia stated that the Town Board meeting scheduled for February 18, 1987 would have to be moved since some members of the Board would not be able to attend on that date and, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the date of the Town Board meeting scheduled for February 18, 1987 be, and it hereby is, changed to February 25, 1987. III WRITTEN COMMUNICATIONS There were no written communications to come before the Town Board at this time. REPORT OF THE TOWN CLERK Ms. DiCioccio stated that the Town Clerk's report would be presented at the next meeting. THE SUPERVISOR Reports Supervisor Battalia addressed the audience regarding the situation at the Larchmont Motel and conveyed the following message on behalf of the Tbwn Board members: "The Town Board of the Tbwn of Mamaroneck shares the community's concern about the Larchmont Motel and the manner in which it conducts its business operations. Not a day goes by that this matter does not require the attention of Tbwn Officials, the Supervisor, Tbwn Board members, Tbwn Administrator, Police Department, Fire Inspector and Building Inspector; to name but a few. - 22 - (}97 January 21, 1987 "Please be assured that along the way we have done everything possible to deal with this issue and we continue to do so. We will take all steps necessary within our power and control to protect the community at large and the Town's best interests. III "We must keep in mind that we are dealing with both a private business with certain rights and protections as well as an entrenched county bureaucracy that is far more concerned with housing the burgeoning homeless population than with the distress of our community. "Recent drug arrests at the motel were brought about as a result of the fine work of our Town Police Department and the Town Attorney is reviewing the matter. He is interviewing Town agencies, local businesses and citizens with respect to the incidents. Any citizen who has any information to provide, should contact the Town Attorney at 381-4348. "The Town Board met on Friday (January 16th) with Legislators from the County, State and Federal levels to explore legislative remedies to correctly address the problem of the homeless; which is to redesign the system to permit taxpayers' money to be used for appropriate and adequate housing for the homeless which undoubtedly would be less than current expenditures. III "The Board will address its concerns both in writing and in person to the County Executive. We will continue to aggressively pursue this matter until we achieve the relief we require!" ORAL COMMUNICATIONS At this time, the Supervisor opened the meeting to the public. Mr. Barry Gedan of 17 Senate Place, addressed the Board and expressed his concern regarding the drug arrests which recently took place at the Larchmont Motel. He said that since the Town was such a wonderful, sharing community, it was being taken advantage of. Near a school and on a busy street is no place for housing the homeless, he added. Mr. Gedan continued that the volunteer ambulance is called to the motel for constant non-emergency matters and the . ultimate result would be that someone died because the ambulance would be unable to respond when it was needed elsewhere. - 23 - OM January 21, 1987 Also, he went on to say that the "warehousing" of people in a small motel was inhumane. Westchester County "dumped" them there and left them, offering no services, Mr. Gedan said, and added that there should be an enforceable six month time limit placed on families living there otherwise ill the motel should be considered as operating illegally as a shelter and be sued. He concluded that the bottom line was that the motel should be closed down and he urged the Board to take the strongest possible action in that regard. Mr. Martin Rothstein stated this was a crime and drug issue; not a homeless issue. He said that he was not surprised about the drug raid because it was expected to happen sooner or later. Mr. Rothstein added that the homeless were being victimized by this situation also. Everyone was "passing the buck," he said, and the time has come for the Town to take some vigorous action to stop it. He continued that the problem is there — the question was what to do about it. Must we wait for a murder to occur before something is done, Mr. Rothstein inquired. It (the motel) has to be closed, he summarized. ill III Maryann Pertano stated she was in full agreement with the previous two speakers and she said she happened to know that some of the persons arrested were back on the street and Supervisor Battalia inquired if the speaker knew whether they were back living in the motel (no response). Mrs. Ina Gordon voiced her concern about having a police officer stationed at the local supermarket and stated she was very upset by that. Mr. James McDraken wanted to know what the Board planned to do regarding the criminal action and Supervisor Battalia stated that if any individual who was indicted was back living at the motel, action would be taken and they would be removed from the motel immediately. Mr. Eugene Leavy inquired if a petition would be of any help in order to change the conditions at the motel to which Supervisor Battalia explained that letters must be III written by everyone to the County Legislator as well as the County Executive explaining the problem. The Supervisor added that each Board member has drafted legislative proposals for every level of the government because regulations have to be changed and she urged everyone to support those proposals. - 24 - 099 January 21, 1987 A letter to the Governor of New York State was being drafted, the Supervisor stated, and she offered to meet with anyone who wished to discuss this issue with her as well. She said an "all-out effort" would be made regarding this matter and urged anyone desiring further information to sign their name and address (on a pad which was passed around) so copies of any letters and notices could be mailed to them. Mr. Stanley Gorquest offered that writing to Westchester County was not the solution. He said the Town laws were not being enforced because this facility was not operating as a motel. He added that the guard was not at the motel so the owner of the motel should be sued or fined. The Supervisor said that according to her records, the guard has been there but perhaps he was just not visible. A speaker indicated that cooking was still being done in the motel rooms and inquired if the Building Inspector or Fire Inspector could do anything to which Supervisor Battalia replied that the Town Code was in the process of being revised. She added that when inspections were made, the inspectors were not subject to the "no knock" law and that if occupants were cooking, the items were confiscated but that they usually just go out and buy more utensils. Another speaker indicated that she was worried about the safety of her children and Mr. Philip Strangger announced that his daughter would not stay after for any school activities because she was afraid to walk home past the motel. Ms. Bess Rathman inquired as to who owned the motel to which Supervisor Battalia replied that it was owned by an out-of-state, family-held corporation. Ms. Rathman then asked if the corporation would cooperate with the Town and the Supervisor mentioned how the monetary system at the motel benefitted the owners. Dr. Irving Rust said everyone is complaining about the problem and that they just want to get rid of the problem — they want it out of Larchmont. He added that we have to start helping the people — we have to start talking about how we can solve the social problems; that is the problem, not the motel. Ms. Mary Ann Kean said the people in the motel were from other areas such as Mt. Vernon, Yonkers and White Plains and that those communities were avoiding their responsi- bilities (to the homeless). - 25 - 100 January 21, 1987 The Supervisor indicated that there were no places to put them (the homeless) because subsidized housing has declined and that money cannot be spent the way it should but it can be spent on temporary necessary housing. Mrs. Gordon said she realized that apartments were hard to find but if it's (the motel) to be a shelter, then make it a shelter and put in kitchens, take down the signs and enlarge the rooms, she added. She also said she felt badly about what Dr. Rust said because many people have been helping (the homeless). The Supervisor said that by private funding, back rents have been paid, jobs obtained, and food and clothing provided but it cannot be done for sixty families. Mrs. Cora Rust stated that local government is handicapped to act and the county level was in charge of the homeless. She said interested persons could organize to see that legislators are made aware of the situation or do some- thing like lobbying strongly to get laws changed. Mrs. Rust added that the residents of the motel do not want to stay there but they have no where to go and as far as the five who were arrested from the motel, she asked what about the fifteen "outstanding citizens" who were also arrested. Supervisor Battalia then thanked everyone for their comments. On another subject, the Supervisor announced that in the Freedom of Information action the Town instituted against Westchester County, specific data regarding the occupants of the motel was not requested; it was general information the Town felt it was entitled to. REPORTS OF THE COUNCIL Councilman Amlicke reported: 1. that he received a letter concerning a compost seminar to be held on January 27th and he recommended that Claudia Ng attend. 2. that the Howell Park residents were accepting the Traffic Committee's recommendations, as originally proposed, regarding the installation of no through traffic signs. 3. that signalization was still a problem at the Murray, Myrtle and North Chatsworth Avenue intersection and he stated the timing had to be improved. - 26 - 101 January 21, 1987 4. questioned the progress with the burglar alarm system and Administrator Altieri stated the matter would be presented to the Alarm Committee within the next two or three weeks. 5. that one of the major burglar alarm companies was III requiring customers to have digital equipment. 6. inquired if the Freshwater Wetland Maps of the Town were in State compliance to which Administrator Altieri replied that Cliff Emanuelson attended a meeting the County held to go over the maps which were developed County-wide and that he would speak to Mr. Emanuelson on the subject. 7. that the light was still out at the top of the hill in Myrtle Park and another one was out at Emerson and Edgewood. Mr. Altieri explained that twenty-two street lights were shot out with a BB gun in just one evening and they were all being replaced. Councilwoman Silverstone reported: 1. that she received an inquiry from the Board of Ethics Committee and she inquired as to the status of the Disclosure Forms and then suggested that they be instituted. ADJOURNMENT On motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously resolved that the Board recess into Executive Session at 11:00 P.M. Patricia A. DiCioccio Town Clerk , A Jill /j - 27