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HomeMy WebLinkAbout1987_09_15 Town Board Regular Minutes SEP. is 1987 291 MI TES OF THE REGULAR MEETINGS OF THE TO BOARD AND BOARD OF FIRE COMMISSIONERS OF HE TOWN OF MAMARONECK, HELD ON THE 15T DAY OF SEPTEMBER 1987 IN THE COURT ROOM OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD, MAMARONECK CONVENE REGULAR MEETING ' The Regular MeelCing of the Town Board was called to order by Supervisor Battalia at 8:45 p.m. Present were thl following, representing all members of the Board: Supervisor Dolores A. Battalia Councilman Thomas R. Amlicke Cou cilwoman Caroline Silverstone Councilman Lawrence Lerman Cou cilman Stephen Chapin Also present wei P e: Pat icia A. DiCioccio Carl A. Acocella, Deputy Town Clerk Ste hen V. Altieri, Town Administrator Edw rd Lieberman, Counsel to the Town IIICALL TO ATTENTION - Location of Exits Supervisor Batt.iia pointed out to those assembled the location of exits as requir-d by law for public gatherings. PUBLIC HEARING Flood Damage Prevention Law Supervisor Batpia stated that before she opens the Public Hearing on the Flood Damage Prevention Law, Mr. Lieberman, Counsel to the Town, has some information that he would like to provide to the Board. Mr. Lieberman then explained that the Town already has a flood damage prevention law on the books and that the express purpose of the new proposed law is to ensure the continuation of local residents' eligibility for national flood damage insurance. We have, he added, received comments from the CAC, ,CZMC.:and others to the effect that the proposed model law is less stringent and less protective of the environment tha that law which we already have on the books. He then questio ed whether the State, since they sent down this model law, would acce t any modification in it, or if some changes would affect insurabi ity. In other words, he stated, if we were to modify this proposed m del law and send it up to the State, would, we possibly jeopar ize the insurability of our residents, which is the primary reason or this law being proposed. Mr. Lieberman mentioned that he had spo en to someone from DEC in New Paltz who referred him directly to theLauthor of the law, and he was informed that the law as presently wr tten would not qualify for national flood insurance and, therefore, needs to be rewritten. However, he added, modifications w uld be accepted, but not over the phone, these changes would h ve to be reviewed f bf-the_State. to-decide_Whether.'_,:_ _ or not insurabi ity would be affected. Mr. Lieberman then reported that he then proposed sending our present law together with changes which have been proposed by the CAC and CZMC so that the author -1- r SEP I s� 9987 29 - of the model la could review them, and then determine whether any or all of t e changes would adversely affect residents of the Town. !Mr.=:Lieberman concluded that this has been agreed upon and we wil be able to receive an advance ruling from the DEC and can the decide upon which changes to include in the new law. At this time, o motion by Councilwoman Silverstone, seconded IIIill by Councilman A icke, it was unanimously RES LVED, that the Public Hearing be, and it hereby is declared open. The Town Clerk resented for the record the Affidavits of Public- ation and Posti g of the Notice of Hearing. Supervisor Batt lia then asked if anyone wished to address the Board in favor of . No one wished to. She then asked if anyone wished to speak in opposition. No one addressed in opposition. Councilman Amli ke stated that he was very pleased that Mr. Lieberman had taken this approach but, wondered why comments we_had gotten_from the CAC, CZMC and from Larry Lowy of Larchmont-Village, were not taken into consideration. Mr. Lieberman stated that he was not the Counsel that re iewed those comments. Supervisor Batt lia suggested that the Board now adjourn the Hearing to the second meting in October. Mr. Lieberman stated that he hoped to receive the dhanges within the next week or two. Councilman Amlicke stated that it depends on the timetable and the Town Administrator, Stephen Altieri, commented that we have gotten an extension so that time is not a factor of our eligibility. III Councilman Lerman questioned where we are with regard to mapping. Mr. Altieri stated that the CZMC recommended that we do mapping in accordance with the LWRP and we had some preliminary mapping done by a firm from Long Island, but subsequent to that we had received information from the._.Federal-Emergency..Management Agency that they had assumed responsibility for flood insurance mapping and the maps we e going to be revised, that is FEMA has said they would do the ma s for us upon review of the data we submitted, we have suhmitt d data and are waiting to hear from them. Councilman Lerm n then advised going with the old map and when FEMA comes up w=th the new map, amend it. Mr. Altieri responded that mapping is quite expensive and if we can get FEMA to do it, we should wait a reasonable amount of time. Thereafter, on lotion by Councilman Amlicke, seconded by Councilwoman Silverstone, the :Public:_Hearing was unanimously declared adjourned to the second Town Board meeting in October. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:58 p.m. Present were th- following, representing all members of the Commission: Co missioner Dolores A. Battalia Collissioner Thomas R. Amlicke ColiiI�issioner Caroline Silverstone Comriiissioner Lawrence Lerman Commissioner Stephen Chapin -2- SEP. is 1987 29? Also present were: Patricia A. DiCioccio, Town Clerk Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator Edward Lieberman, Counsel to the Town 1. Fire Claims Commissioner Amlicke stated that two claims were not clear and he requested clarification, which Administrator Altieri gave. Commissioner Amlicke then mentioned that it would be very helpful if just a brief explanation could be given on the claim vouchers. Supervisor Battalia commented that we should ask the Chief to be more specific on claim forms. Thereafter, Commissioner Amlicke presented fire claims for authorization of payment and on his motion, seconded by Commissioner Lerman, 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. $ 250.40 All Power Equipment Co. 28.25 Dri Chem Extinguisher Co. 30.00 Esco 65.00 Excelsior Garage & Machine Works, Inc. 480.51 Interstate Fire & Safety Equip. Co. 20.50 Larchmont Auto Parts Dist. , Inc. 23.60 Motorola, Inc. 490.00 Multiplier Industries Corp. 251.82 Multiplier Industries Corp. 252.07 New England Uniform 11,17.4.00 Nynex 27.00 Portronix 13.00 Portronix 308.20 Rickert Lock & Safe Co. 8.00 Russell Chevrolet Motors, Inc. 11,893.00 Town of Mamaroneck Professional Firefighters Assoc. Local 898 153.27 Tri-City Auto Parts 52.50 Volunteer Ambulance Corps: 225.00 Whelen Engineering Co. , Inc. 40.79 $15,786.91 2. Other Business Commissioner .Battaliatstated: that she_received a_ copy of a_ietter_.sent from a Larchmont Village resident thanking the Town Fire Department for ..theilL-assistanceinath.e Lar:chmont__Yacht Club;_fire:.:._Mr.._Nicholas_Rey ofAuarry,Road,_:she__went -on;.: felt that because of our efforts, his house was saved, and we commend the volunteers of that Department. Commissioner Silverstone stated that Commissioner Amlicke and she represented the Town Board at the Fire Department's picnic, together with Mr. Altieri. It.was. a _very nice affair, she added, and no one parked on the grass. ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner_Lerman,,.seconded by Commissioner Amlicke, it was unanimously declared that this meeting be adjourned at 9:12 p.m. -3- SEP. ,s, i987 P 9 ,i PROCLAMATION - Constitution Week Supervisor Battalia stated that there were a number of events planned in honor of::our._Bicentenn.ial by the School Board, the Village of Larchmont and the Village of Mamaroneck and she urged everyone to take advantage of them. On motion by Councilwoman Silverstone, seconded by Councilman Chapin, the week.of..September 17 through the 23rd was proclaimed as Constitution Week in the Town of Mamaroneck. P R O C L A M A T I O N WHEREAS, Our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America, and WHEREAS, It is of the greatest import that all citizens fully understand the provisions and principles contained in the Constitution in order to support it, preserve it and defend it against encroachment, and WHEREAS, The Bicentennial of the signing of the Constitution provides a historic opportunity for all Americans to learn about and recall achievements , of our Founders, and to reflect on the rights and privileges of citizenship as well as its attendant responsibilities, and WHEREAS, The independence guaranteed to the American people by the Constitution should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17th through 23rd, as designated by proclamation of the President of the United States of America in accordance with Public Law 915, NOW, THEREFORE, I'Dolores A. Battalia, by virtue of the authority vested in me as Supervisor of the Town of Mamaroneck in the.. State of New York, do hereby proclaim the week of September 17th through 23rd as Constitution Week, in the State of New York and urge all our citizens to pay special attention during that week to our Federal Constitution and the advantage of American Citizenship. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 15th day of September, 1987 Supervisor Dolores A. Battalia TOWN OF MAMARONECK -4- SEP. i s''' 1987 ngr. AFFAIRS OF THE TOWN 1. Authorization - Easement Agreements for Sewer Construction Supervisor Battalia asked whether these agreements required her signature or that of the Administrator, to which Mr. Altieri responded that her signature was required. Mr. Altieri went on to explain that the Inflow/Infiltration project is beginning within the next several weeks and it is necessary to utilize some private property in order to complete the project and that, therefore, negotiations have been going on with the. residents_ involved. Councilman Amlicke questioned why one easement was temporary while the other was permanent. Mr. Altieri explained that there is currently a permanent easement that runs through one property which is very old and that the residents have since built a breezeway between their home and garage. He continued, were we to exercise rights, we would have to take down their breezeway, with a temporary easement, we could work around their house. Councilman Lerman asked if these were the only two easements necessary for Phase 1, Mr. Altieri stated, yes. Thereafter, on motion by Councilwoman__.Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that the Town Board hereby authorizes the Supervisor to execute the temporary easement agreement between Monroe Adlman and Gerry D. Adlman to allow construction crews to access the rear of their property in order to replace storm sewer manholes at that location on Dante Street; and be it further RESOLVED, that the Town Board hereby authorizes the Supervisor to execute the permanent easement agreement through the property of Michael Rodney of Maple Hill Drive, requested as a result of the construction of a new storm drain on Heather Lane which will terminate the existing storm drain near Mr. Rodney's property, ,necessitating excavation of a portion of the driveway and removal of a portion of the adjacent wall. 2. Authorization - Stipulation of Agreement-State Board of Equalization and Assessment The Administrator informed the Board that, in view of the conditions of our maps, the State Board of Equalization and Assessment has allowed us to comply under what is called the Substantial Compliance of the law, meaning that they agree our maps are in good condition but some minor work is needed and must be complete by December 31, 1988. Counsel Lieberman explained that the proposal causes no disagreement in the time frame but only in the language, which we have modified and sent to them and which they have agreed to change. Mr. Altieri fielded questions from the Board regarding price and steps to be taken for the process, mentioning a ballpark figure of $50,000 to $60,000 and the fact that the second phase -5- SEP. J5.- 1987 296 would be more difficult to price because it would depend on phase one. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Board hereby:_authorizes the Town Administrator to execute the III STIPULATION Index No. 1987-253 between the State of New York State Board of Equalization and Assessment and the Town of Mamaroneck with respect to compliance of tax mapping. 3. Authorization - State Aid for Recreationn The Administrator stated that annually, the Town submits an application for funding of youth programs in regard to State Aid for Recreation, which is usually in the amount of $10,000. Thereafter, on motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Board hereby authorizes the Town Supervisor to execute the 1988 application for State Aid for Recreation to be used for funding of youth programs. III 4. Federal Revenue Sharing Funds - Volunteer Ambulance Corps The Administrator stated that he was asking the Board to commit the balance of $8,000 of these funds to the Ambulance Corps project since the monies originally appropriated to the architectural fees amounted to $5,000. He commented that there could be some contingencies faced during construction which is why he is requesting the appropriation, but should it not'be used, the Board could consider an alternative project for the remaining $8,000 of federal revenue sharing funds. Thereafter, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby allocates the remaining $8,000 of Federal Revenue Sharing Funds to be used toward the extension of the Volunteer Ambulance Corps Headquarters on Weaver Street and authorizes the Town Administrator to appropriate such in the 1988 Town Budget. III 5. Salary Authorization - a) Recreation Department b) Conservation Department a-)__Pur.suant to a memorandum_from Superintendent of Recreation, William Zimmermann, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously -6- SEP. rs 1987 297 RESOLVED, that as provided for in the 1987 Town Budget, authority is hereby authorized for the payment of salary to the following: Bob Singletary, Rink Installer, $7.00/hour, effective 10/1/87; Bob Tencza, Rink Installer, $7.00/hour, effective 10/1/87; Paul Iarocci, . Rink Installer, $7.00/hour, effective 10/1/87; Ken Benet, Rink Installer, $3.50/hour, effective 10/1/87; Rob Lunde, Rink Installer, $8.50/hour, effective 10/1/87. b) Pursuant to a memorandum from the Town Administrator, Stephen Altieri, explaining that the budget allows for a part-time clerical worker in the Conservation Department, and since the current person is returning to school, he recommends Mr. Fred Lewis, who was effective at the Kiosk and has sufficient clerical skills to assume the position. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Board hereby authorizes the hiring of Mr. Fred Lewis as a part- time clerical worker in the Conservation Office at an hourly rate of $8.00, effective immediately. At this time Supervisor Battalia stated that before moving on to the Strategic Planning work session and Reports, there was a matter she wished to explore with the Board. She went on to explain that the solid waste situation which we have because of the elimination of certain items to the Peekskill Recovery Plant and the closing of .landfills, we, like many other communities, have a problem with illegal dumping. She mentioned that not one day goes by without the Town receiving a call about illegal dumping taking place and suggested to the Board that the Town Attorney be directed to expedite the drafting of a law specifically prohibiting dumping, with stringent fines imposed. Councilman Chapin asked what the fine now was and the Supervisor informed him that it was up to $250.00. The Supervisor added that she also felt that we have to put together a neighborhood watch program with citizens acting at the time dumping is taking place and, she suggested, perhaps it could be launched with a reward system. Councilman Chapin questioned whether we needed a new law or if we could possibly amend the present law, and the Supervisor informed him that it would probably be cleaner to draft a new law. Councilman Chapin then asked if it could be made part of the litter law, to which the Supervisor responded that the litter law is very comprehensive. Councilman Lerman asked who would authorize an officer to give a summons. Counsel Lieberman stated that he had not -7- SEP. is/, 1.987 298 had a chance a ce to look at it. Supervisor Battalia al' s advised that the problem is that residents call after dumping has taken place. Further discussion ensued with regard to fines and having offenders clean up as well as paying fines. Councilwoman Silverstone stated that it was important to have a reward system. Councilwoman Silverstone additionally commented`=on_the fact that we are now beginning to see political bumper stickers on poles and she would like to remind all political candidates that this Town does not approve of bumper stickers placed on telephone poles or defacing public areas. Councilman Lerman stated that we should request the Chairmen of both parties to refrain from: putting up stickers. Counsel Lieberman asked if it was the consensus of the Board to have , no=alternative_incarceration-, to which Councilman Lerman answered that what we do want is a law with teeth in it. REPORTS OF THE COUNCIL Councilman Amlicke requested__placing-_.on the next agenda, a Cable TV ordinance for developers to provide wires underground instead of on poles, and mentioned that Mr. Fraioli has asked for this Board's comments. Councilman Amlicke also mentioned that he had sent to the Administrator a copy of a letter noting that CZM look at the litter law and he queried as to whether any reply has been received, since=the'=time hasicome to give this matter priority. Councilman Chapin stated that there are a number of laws which should have direct priorities and a timetable should be put together to review and implement these laws. Councilman Chapin commented that there had been talk about requiring a new Certificate of Occupancy each time a house changes hands and that we should now think along those lines. Since, he added, we are on the subject of Inflow/Infiltration now, let's treat the whole problem. Councilman Amlicke agreed with Councilman Chapin and stated that with the cost of houses today, it is not too much of a burden at the time of closing to have a purchaser and seller jointly handle as part of the closing cost, the disconnecting of their down spouts. Councilman Lerman expressed his feeling that there are other reasons why a new C.O. might be desirable at the time of transition. Supervisor Battalia explained the procedures followed when owner- ship of houses takes place within the Building Department. Councilman Amlicke commented that some time ago the County did_ smoke testing and questioned whether they had a list that would identify the homes that had been tested, which would really cut down on the problem. Administrator Altieri advised that the County has a smoke testing device _we- can avail ourselves of which will let us know what homes have illegal connections and if there is uncertainty about how big the problem is, it may be worthwhile to think about this. If there is a_large-scale -8- SEP. ir, 1987 299 problem with illegal connections and all those people are forced to disconnect, where will all the water go, since there are many areas of the Town which do not have storm drains and the water may all end up in the streets. Further, he added, that if you make a resident disconnect, and then construct a dry well, you are talking about a large expense. Further discussion ensued, with Mr. Altieri assuring that once the I/I is complete, smoke crews could be brought in. Councilman Chapin suggested that it begin III almost immediately, and also that the law be reviewed after the budget process, since it would not all change overnight. Councilman Amlicke stated that it should be phased in through the sales of houses. Supervisor Battalia remarked that the nature of the problem should be looked into since a resident does not ask for a C.O. until three days before a real estate closing and it would be unfair to suddenly spring this on someone about to close on a home. Councilman Lerman asked the Administrator when preliminary plans on the rink were supposed to be received from the architect, to which Mr. Altieri replied that they were received that morning and that he and the Superintendent of Recreation are in the process of looking them over now,and, he added, they have scheduled a meeting for next Wednesday with some of the Committee, including Mr. Ruggerio, Romeo and Bozel. , Councilman Lerman emphasized the continual problems and complaints regarding the traffic at Murray/Myrtle/North Chatsworth, and added that though he has not heard much objection lately from pedestrians, he has heard from motorists. Councilman Lerman commented that this III intersection was redone because of accidents and wondered what-:the current_history_:is_:with regard to accidents. Councilman Amlicke suggested that now that we have an expert on the_ Joint_Towti/Village Planning Group, we ask him to study that intersection. The Administrator commented that a meeting with Allen Davis and the Police Chief is being set up in order to look into that intersection. Further discussion followed with suggestions from members of the Board. WRITTEN COMMUNICATIONS There were no written communications to come before the Board at this time. ORAL COMMUNICATIONS IIINo one wished to speak on any matter at this time. -9- SEP. 198? 300 THE TOWN CLERK Regular Reports The Town Clerk presented the report of the Town Clerk's Office for the month of August 1987, and the report of the Building Inspector's Office for the month of August 1987. III Supervisor Battalia stated that, at the request of Councilman Chapin, we place on the agenda to reconvene a work session on strategic planning. She concluded that she would like the Board to move along on this and is designating Councilman Chapin to keep after the Council members and get us moving on this project. She suggested that the Administrator and Councilman Chapin get together to outline and set up this work session on strategic planning for October 7th. ADJOURNMENT : There being no further business to come before the Board, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously resolved that this meeting be adjourned at 9:55 p.m. III Patricia=A. DiCioccio Town Clerk -10-