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HomeMy WebLinkAbout1987_03_04 Town Board Regular Minutes 129 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 4th DAY OF MARCH, 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 7:00 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 Councilman Amlicke, seconded by Councilman Chapin, it was unanimously illRESOLVED, that this Board recess into Executive Session in the Conference Room to discuss personnel and negotiations regarding real property. Thereafter, on motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously resolved to adjourn the Executive Session at 8:25 P.M. CALL TO ATTENTION - Location of Exits Supervisor Battalia pointed out to those assembled, the •location of exits as required by law for public gatherings. 1 I Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Lee A. Hoffman, Jr., Counsel to the Town Jean A. Marra, Recording Secretary 130 March 4, 1987 BOARD OF FIRE COMMISSIONERS On motion by Commissioner Amlicke, seconded by Commissioner Silverstone, the meeting was called to order by Commissioner Battalia at 8:30 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 Lawrence A. Lerman Commissioner Stephen C. Chapin 1. FIRE CLAIMS Commissioner Lerman presented the following fire claims for authorization of payment and, on his motion, seconded by Commissioner Amlicke, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by Fire Chief John Perri and audited by the Comptroller's Office: Borg-Warner Ins. Fin. Corp. $2,724.00 Leonard Newman Agency, L.P. 414.90 Total $3,138.90 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 8:33 P.M. PUBLIC HEARING - STOP SIGNS - HOWELL PARK The Town Clerk presented the Affidavit of Publication and Posting of the Notice of Public Hearing for the record and, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously - 2 - 131 March 4, 1987 • RESOLVED, that the Public Hearing be, and it hereby is, declared open. III The proposed amendment to the Town of Mamaroneck Vehicle and Traffic Law was outlined by Administrator Altieri. Mr. Paul Hoffmann, of 69 Carleon Avenue, urged the Board to follow through with this proposal by passing the law and installing the stop signs as quickly as possible. There being no further questions or comments to come before the Board, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. Thereafter, on motion by Councilman Lerman, seconded by Councilman Amlicke, the following resolution was adopted by a unanimous vote of the Board: III 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. 3 of 1987 entitled "Stop Intersections" and orders that said Local Law, as so adopted, be herein inserted and made a part of the minutes of this meeting: TOWN OF MAMARONECK LOCAL LAW NO. 3 - 1987 A Local Law Entitled STOP INTERSECTIONS III A Local Law to Amend the Town of Mamaroneck Vehicle and Traffic Law BE IN ENACTED, by the Town Board of the Town of Mamaroneck, as follows: - 3 - 132 March 4, 1987 Section I - Purpose: The purpose of this local law is to amend Local Law #1 of 1965, Section 81 - 6B, entitled "Stop Intersections" of the Town Code of the Town of Mamaroneck by adding thereto, Subsections (67) and (68) which shall read as III follows: (67) On Meadow Place at its intersection with Howell Avenue. (68) On Hawthorne Road at its intersection with Howell Avenue. ,Section II - Severability: Should a court of competent jurisdiction declare any provision of this local law illegal, then such declaration shall not effect any other provision of this local law. Section III - Effective Date: This local law shall take effect immediately upon filing in the Office of the Secretary of State in accordance with the Municipal Home Rule Law. AFFAIRS OF THE TOWN 1. DISCUSSION - DAVID'S ISLAND The proposed development on David's Island was briefly discussed by Supervisor Battalia and she stated that the City Manager of New Rochelle, the builder for the proposed project, and the planning director offered to attend a meeting in the Town to discuss the proposal and to answer any questions. Robert Funicello, of the Conservation Advisory Commission said he would be attending the meeting in New Rochelle on the 18th of March and he thought it terrific that the Board has taken such an interest in this matter and that they would be holding a meeting in the Town. Mr. Funicello then voiced his objections to the project noting that it would be one of the largest developments that has ever been proposed in Westchester County and that it would drastically change the nature of Long Island Sound and threaten the water quality. - 4 - 133 March 4, 1987 "As municipal leaders, we understand the concerns of the community regarding the devastating impact a development like this would have on the harbor and sewers, as well as pollution, height and density problems," offered Supervisor Battalia, adding that the adverse effects and environmental impacts of this project would be tremendous on surrounding communities. Mr. Robert Schoenberger, Chairman of the Coastal Zone Management Commission, said he plans to attend the meeting in New Rochelle on March 18th or 19th and that he will address many of the areas which this proposed project violates. After some further discussion, on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby sets Wednesday, March 25, 1987, at 7:45 P.M., as the date and time for a Special Meeting of Town Board to discuss the David's Island proposed project. 2. SET DATE FOR PUBLIC HEARING - AMEND LOCAL LAWS NOS. 7 & 8 - 1986 (CZ M) The proposed amendments to Local Laws #7 & #8 of 1986 were discussed by Attorney Hoffman and he stated that he was not comfortable setting a Public Hearing date on Local Law #7 at this time because of the complicated interaction between Freshwater Wetlands and Tidal Wetlands, but that they were in a position to set a date for amending Local Law #8. Mr. Wallace Irwin, Jr., representing the Coastal Zone Management Commissioner, stated that the insertion of East Creek into Local Law #7 was not a complex change but would defer to the opinion of counsel. There being no further questions or comments, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby sets Wednesday, March 18, 1987, at 8:15 P.M., as the date and time for a Public Hearing to amend Local Law #8 of 1986 entitled "Environmental Quality Review Law" of the Town of Mamaroneck; and BE IT FURTHER FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. - 5 - 134 March 4, 1987 At this time, Councilwoman Silverstone complimented the beautiful job Mr. Irwin did on the maps that accompanied the local laws and Councilman Amlicke stated that he would be attending the meeting in New Rochelle on the David's Island issue. 3. LEASE AGREEMENT - TOWN CENTER BUILDING McQUAY SERVICE CO. Another lease agreement for the Third Floor of the Town Center was presented by Administration Altieri. McQuay Service Company will be occupying 850 square feet of office area and approximately 325 square feet of unimproved accessory space, Mr. Altieri explained, and they will be charged at the rate of $17 and $13 per square foot, respectively. After some questions from the Board members were answered by Administrator Altieri, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Town Administrator is hereby authorized to execute said Third Floor Lease Agreement, as amended, with McQuay Service Company, with dates of occupancy to be determined when improve- ments to said premises are completed. 4. AUTHORIZATION - TRANSFER OF FUNDS - TOWN CENTER BUILDING A request for a transfer of funds was made by Administrator Altieri for the purpose of completing the Third Floor of the Town Center as well as for the completion of the original remodeling project pertaining to the first and second floors of the building. Following an explanation by Mr. Altieri of the work to be performed, Mr. Arthur Gasparini inquired as to occupancy ratio of the Third Floor to which the Administrator stated that of the original 9,000 square feet of rentable area, 2,600 feet remained unleased at the present time. A question was raised by Councilman Chapin concerning the revenues in a report presented to him by Mr. Altieri and following the Administrator's explanation, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes the transfer of funds, in the sum of $150,000, for the completion of the original remodeling project on the First and Second Floors of the Town Center as well as the completion of the Third Floor renovations. - 6 - 135 March 4, 1987 The graffiti on the outside of the Town Center building was brought up by Mr. Arthur Gasparini and he recommended that it be removed. Supervisor Battalia stated she asked the "Class of '87" to remove the "art work" but that they haven't responded yet. 5. RESOLUTION RE: ENVIRONMENTAL L BOND ISSUE When the Environmental Quality Bond Act was passed, it was originally intended that a certain sum be earmarked for municipal purposes and, Administrator Altieri stated, it is being asked that $150 million be reallocated under Title 9 funding for those purposes and that $40 million be made available to the municipalities for the acquisition and development of local parks, playgrounds and other recreational facilities. Supervisor Battalia stated that on the afternoon of March 6th, there was a meeting scheduled with some of the State Legislators concerning this issue. Councilwoman Silverstone said she attended the Westchester Association of Town Supervisors meeting with William Zimmermann and that a letter-writing campaign was being initiated by them to that effect. Thereafter, on motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously resolved that the following resolution be adopted: WHEREAS, it has become most evident that the major focus of personal leisure time will be in our local pools, parks, and playgrounds; and WHEREAS, the elimination of Federal Revenue Sharing Funds and the Urban Recreation Recovery Program have further eroded available local funds for municipal recreational purposes; and WHEREAS, the residents of New York State, by their votes, made the Environmental Bond Issue a reality and should therefore receive its benefits; and WHEREAS, the Town of Mamaroneck believes it is necessary to enhance the quality of recreational facilities in this State's communities; NOW THEREFORE, BE IT - 7 - 136 March 4, 1987 RESOLVED, that the Supervisor and Town Board of the Town of Mamaroneck hereby urges the Governor and State Legislature to appropriate, in 1987, the sum of $40 million dollars (of the $150 million dollars), and that said sum be made available for the acquisition, development, and rehabilitation of local municipal parks, playgrounds, and indoor recreational facilities; and it is FURTHER RESOLVED, that the formula for allocation be re-evaluated so that local municipalities realize a major portion of the proceeds of the Bond Issue. 6. DISCUSSION - NEW YORK STATE TAX MAPPING REGULATIONS It was explained by Administrator Altieri that in December of 1985, the New York State Board of Equalization and Assessment notified all towns in the State that it was necessary for them to comply in upgrading their municipal tax maps. After reviewing the Town's maps, the Board of Equalization and Assessment believed that rather than create all new tax maps, they could just be updated under the Substantial Compliance Provision of that regulation and, Mr. Altieri stated, hopefully the updating could be done by photo- grammetric procedures. He added that in an attempt to reduce the total expenditure for this project, which is very expensive, the potential for a joint contract was discussed with the Towns of Eastchester and Scarsdale. Since mapping is a professional service, it does not fall within the competitive bidding laws, the Administrator said, adding that quotations were being sought from nine mapping firms and he would report back with the costs. In answer to a question posed by Councilman Amlicke, the Administrator said that aerial photography was very expensive and that certain communities were fighting the State on this because they have serious tax map problems and the costs for them would be enormous. Councilman Amlicke asked why all of this had to be done and Administrator Altieri said it was so the State could have uniformity especially in the upstate New York areas. 7. DISCUSSION - COUNTY LEGISLATIVE PROGRAM As this material was requested from the County Executive a few weeks ago, and the response was that postage was too expensive, there was a delay in obtaining this information. Therefore, Supervisor Battalia stated that this matter would be discussed at the next meeting. - 8 - VII? March 4, 1987 8. DISCUSSION - WESTCHESTER COUNTY VILLAGE OFFICIALS ASSOCIATION LEGISLATIVE PLAN The "Legislative Priorities" established by the WCVOA were discussed and Councilman Amlicke stated he was in favor of all of the proposals except for the Real Estate Transfer Tax. Supervisor Battalia explained that some cities have this Transfer Tax and it has been suggested that such a tax could possibly be used as seed money for low-cost housing programs but it would have to be adopted by the individual municipalities. After some further discussion, on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby supports the Westchester County Village Officials Association 1986-1987 Legislative Priorities plan. 9. SALARY AUTHORIZATION - RECREATION DEPARTMENT III A memorandum for salary authorization from William V. Zimmermann, Superintendent of Recreation, was submitted by Administrator Altieri and, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that as provided for in the 1987 Town Budget, this Board hereby authorizes the hiring of the following individuals, to be effective and at the salaries so stated: John LaMagna, Recreation Attendant, Honmocks Pool, $3.25/hour, effective March 5, 1987. Patricia Lee, Recreation Attendant, Hommocks Pool, $3.25/hour, effective March 5, 1987. II PROCLAMATIONS - WOMEN'S HISTORY MONTH 75th ANNIVERSARY OF GIRL SCOUTS OF AMERICA Supervisor Battalia presented a proclamation honoring the Girl Scouts on their 75th Anniversary and she also requested that March be designated, by proclamation, as Women's History Month and, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously resolved that the following proclamations be adopted: - 9 - 1.38 March 4, 1987 PROCLAMATION WOMEN'S HISTORY MONTH WHEREAS, since the beginning of time, women have worked to build civilization and society through- out the world; and WHEREAS, in past times, women's contributions were often ignored, their words unheeded, and their influence undermined, but their strength persevered; and WHEREAS, Elizabeth Cady Stanton refused to accept women's secondary status in the United States and organized the first Women's Rights Convention in 1848; and WHEREAS, Susan B. Anthony and Elizabeth Stanton worked diligently for women's right to vote in the U.S. which was finally achieved in 1920 by means of the 19th Amendment to the Constitution; and WHEREAS, though the struggle for women's equality has been a difficult one, and still has a long way to go, women today are recognized not only as wives and mothers, but as doctors, lawyers, engineers, scientists, politicians, and in every walk of life. NOW, THEREFORE, BE IT RESOLVED, that I Dolores A. Battalia, Supervisor of the Town of Mamaroneck, hereby declare March, 1987 as WOMEN'S HISTORY MONTH and ask all citizens, men and women, to join with me in recognizing all the contributions women have made to Mamaroneck, the country and the world. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Town of Mamaroneck to be affixed this 4th day of March, 1987. /s/ Dolores A. Battalia Town Supervisor - 10 - 140 March 4, 1987 Also brought up by Mr. Klein was the former suggestion he had made that Brookside Drive be changed to a one-way Y eastbound and one-way in the westbound direction. The traffic light and the intersection of Murray, Myrtle _ and North Chatsworth Avenues was then discussed by Mr. Klein and he suggested that the pavement be marked for a "Left Turn Only" lane and that overhead signs, designating the turns, be installed. Administrator Altieri stated that he would check the status of these projects and, if necessary, put them back on the agenda for the Traffic Committee meeting of April 7th. The Traffic Committee will not necesarily do what Mr. Klein was requesting, Councilman Lerman offered, but they can review the suggestions and comment on them. Dr. Alan Mason said that Murray Avenue was not intended to be used as two lanes but with the small cars, two of them could squeeze and, with the short duration of the light, some of the vehicles would go in the left lane to make the right turn in order to get through the light. The timing on the light has been changed, the Administrator reported, and in the spring, the pavement will be marked. The police will monitor the area and issue warnings when that work is completed, he added. Mr. Arthur Gasparini questioned the status of the Old Courthouse to which Supervisor Battalia stated that the Little School opted out of their lease agreement and she anticipated the subject would be back on the agenda shortly. There was a satisfactory monetary agreement worked out as a settlement for past-due rents, offered Attorney Hoffman in answer to Mr. Gasparini's question. Mrs. Eugenia Dimitriadis, of 21 North Chatsworth Avenue, questioned the status of the Incinerator Law which was drafted by Attorney Silverberg, to which the Supervisor explained that they were presently dealing with the enforcement issue and it would be discussed with the new Building Inspector. Mrs. Dimitriadis then stated she had certain items to be included in the law and Supervisor Battalia recommended that any suggestions Mrs. Dimitriadis had on the new law, be mailed to the Supervisor's attention. - 12 - 141 March 4, 1987 APPROVAL OF THE MINUTES The minutes of January 21, 1987 were presented and, on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, were unanimously approved as amended. The minutes of February 4, 1987 were presented and, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, were unanimously approved as amended. THE SUPERVISOR Reports The Supervisor did not present a report at this time. REPORTS OF THE COUNCIL Councilwoman Silverstone reported: 1. that she attended a meeting of the Westchester Association of Town Supervisors with area legislators and that the legislators were defensive about the State mapping guidelines being established. She added that the guidelines were implemented by legislation. 2. a resident sent her a copy of an article which appeared in the real estate section of a Connecticut newspaper. The article was in reference to a minimum maintenance law and she thought a similar program could work in Mamaroneck. Councilman Lerman reported: 1. there is a meeting on March 5th at 7:30 regarding several different approaches toward renovating the current ice rink facility and Mr. Bendixen will be presenting the proposals. 2. questioned the location of the proposed trails being too close to the homes of some residents. Dr. Mason volunteered that some homes would be closer to the trails than others and added that some residents were mistaken about the boundary lines of their property. ADJOURNMENT On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously resolved that the Board recess into Executive Session at 10:15 P.M. to discuss personnel matters. Patricia A. DiCioccio Town Clerk /J - 13 -