Loading...
HomeMy WebLinkAbout1983_01_17 Town Board Special Minutes 378 MINUTES OF THE SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 17TH DAY OF AUGUST 1983 IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ATTENTION Location of Exits Deputy Supervisor Bloom pointed out to those assembled the location of exits as required by law for public gatherings. The meeting was called to order by Deputy Supervisor Bloom at 8:00 P.M. Present were the following: Deputy Supervisor Lee H. Bloom Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Supervisor Leo Goldsmith, Jr. and Councilman Stewart J. McMillan were not in attendance at this meeting. Also present were the following: Dorothy S. Miller, Town Clerk James J. Johnston, Town Attorney Stephen V. Altieri, Town Administrator Charles R. Elfreich, Town Engineer The order of the published agenda was changed and Item #3 was taken up first. 3. Considering the Recommendations of the Town Clerk relative to Reducing the Expenses of the September 13th Primary Election The Town Clerk reminded the Board that since less than 200 -vdters will be eligible to vote in the September 13th County- wide Conservative Primary Election, she wished to reduce the expenses of said election by consolidating districts that are housed in the same physical location. She advised the Board that verbal approval had been given on this date by the County for such consolidation and that Town Board authorization is needed for the Clerk to proceed. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby accepts the recommendations of the Town Clerk relative to consolidating election districts during the Conservative Primary Election of September 13th in order to reduce the expenses of said Election and authorizes the Town Clerk to proceed as necessary. -1- 379 1. PUBLIC HEARING: Proposed Amendment to Chapter 81, Article II -Traffic Regulations of the Code of the Town of Mamaroneck The Town Clerk presented for the record the Affidavits of Publication of the Public Hearing, the Special Meeting and the Posting of the Notice of each. Deputy Supervisor Bloom III P y p gave the background of the Rock Ridge Road situation and reviewed the specifics of the last few Town Board meetings during which this matter was discussed. He further explained the State and local law governing the uses of highways and the restrictions thereof, and then read into the record the wording of the proposed ordinance being con-. sidered this evening and noted the options open to this Board. At this time, the Deputy Supervisor invited those who wished to speak in favor the proposed ordinance to do sd. :firat. :and then those against. No one wished to address the Board in favor of the proposed ordinance, but the following persons spoke during the discussion that ensued. Howard Loewentheil, President of Fairway Green, Inc. spoke of his meetings with Town officials in an effort to work out a satisfactory agreement and noted his desire for the inconvenience to the Rock Ridge Road residents to end soon, emphasizing his further desire that the proposed ordinance will not be adopted. Mary Anger of 23 Rock Ridge Road spoke of the many times she has observed that the trucks were not escorted as promised and asked that that be corrected. William Roehr of 21 Rock Ridge Road advised that the consensus of his neighbors is for the Town Board to defer adopting the proposed ordinance. He also stressed the importance of the trucks being escorted, and further noted that work continues past 5:00 p.m. when there is no one available to escort the trucks. It was noted by Mr. Loewentheil this has occurred during the time concrete is being poured which phase will be completed soon. Mr. Roehr further noted that work sometimes starts at 6:30 a.m. and Councilwoman Silverstone questioned the normal working hours for this construction site. Mr. Loewentheil answered that normal hours are 8:00 a.m. to 4:00 p.m. but noted that if the workers are in the middle of pouring concrete that job must be finished. He stated that he would look into the matter of work hours. Councilman Amlicke reminded Mr. Loewentheil of the serious safety hazard relative to not having the trucks escorted as had been promised and this matter was followed up when it was suggested that someone on Rock Ridge Road be hired to escort the trucks. The wording of the sign to be placed at the entrance of Rock Ridge Road and Boston Post Road was also discussed at this time and it was agreed that specifics would be a part of the agreement. The matter of the gate and fence to be installed to eliminate traffic to the site by way of Rock Ridge Road was discussed and following clarifications by the Town Administrator and the Town Engineer, it was noted that specifics relative to that will also be included in the agreement. -2- 380 During the portion of the discussion when the condition of Rock Ridge Road was brought up, Councilwoman Silverstone spoke of the complaints relative to the dust problem and Mr. Roehr asked that the street be restored to its condition prior to the truck traffic generated by the construction site. Some further discussion followed with respect to specifics to be included in the agreement with Councilwoman Silverstone voicing her concern about enforcement of the agreement and her desire for the residents of Rock Ridge Road to be involved in the plan to be worked out relative to the fencing/shrubbery/ buffer area. Councilman Bloom suggested that the plan for the buffer area with respect to the planting and screening be submitted to the Conservation Advisory Commission. Several other suggestions were made and thereupon, on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. Following notations by Councilwoman Silverstone and Councilman Amlicke relative to the possibility of reserving decision on the adoption of the proposed ordinance to a future date should the provisions of the agreement not be lived up to and the proposal for action to be taken on the agreement, on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Supervisor be, and he hereby is, directed to address a letter to Howard Loewentheil, President of Fairway Green, Inc. containing the conditions and requirements agreed to with various amendments stipulated at the Special Meeting of the Town Board of August 17, 1983 as follows: 1 Any and all trucks will be escorted in both directions on Rock Ridge Road to watch for children and other safety hazards. Trucks deliver±ii:g. ; materials and supplies to the construction site shall telephone the construction site prior to delivery so that an escort may be provided. You have ordered and will erect as promptly as possible the sign to be placed on Rock Ridge Road at a point approximately fifty (50) feet from the intersection of Boston Post Road and Rock Ridge Road. The wording of the sign to be as agreed. 2) The Town Engineer will be notified of all deliveries involving large trucks or deliveries requiring a number of trucks. 3) After the showcase and first 400 feet of road are constructed but in no event later than December 1, 1983. all traffic to the development site will be eliminated from Rock Ridge Road. Effective December 1, :1983 a gate will be installed at the end of Rock Ridge Road by the developer to prevent the ingress and egress from the site. If the developer should fail to complete the construction of the showcase and roadway or fail to install the -3- I 38.1 gate by December 1, 1983, the Town through its own resources will install a gate at the end of Rock Ridge Road at the developer's expense. 4) The Town Engineer and Town Superintendent of Highways will determine the current condition of the road. Any damage caused by construction related traffic will be repaired by the developer in accordance with specifications of the Town Engineer. Every attempt will be made by the developer to return the road to its - original condition. 5) At the end of the development roadway near Rock Ridge Road, the developer will realign the curb in accordance with the attached drawing. The curbing shall be 6" high except for a 12' section which will be 2" high to allow for emergency vehicles. 6) If the model showcase is constructed prior to December 1, 1983, Rock Ridge Road shall not be the access for the advertising or showing of such model. 7) An 18' gateway made up of two 9' sections will be installed and fencing the entire width of Rock Ridge Road. The gate shall be locked and the keys for the lock shall be held by the Mamaroneck Village Fire Department, Mamaroneck Village Police Department, Mamaroneck Town Fire Department, Mamaroneck Town Police Department, Mamaroneck Village Rescue Squad and Larchmont- Mamaroneck Volunteer Ambulance Corps. As mentioned in condition #3, the fencing and gate shall be installed by December 1, 1983. 8) On either side of the fencing, shrubbery will be planted and the buffer area will be lined with woodchips. 9) Screening through the use of Hemlock trees will be placed along the Village/Town border. The developer will submit a plan for items 7, 8 and 9. The plan will be subject to the approval of appropriate Town Officials. Additionally, such Town Officials shall submit the plan to a representative of the residents of Rock Ridge Road for his review. 10) If it is agreeable to the Westchester Joint Water Works, a fire hydrant will be placed at the end of Rock Ridge Road. 11) The gate, fence and buffer area will be continuously maintained by the developer and his successors. So as to insure this covenant, it is further agreed that the developer will so dedicate and incumber this area by an instrument in recordable form. This instrument is to be recorded at the developer's expenses and will be in perpetuity. and be it further RESOLVED, that Mr. Loewentheil be further advised that upon his review of the aforementioned, he indicate his acceptance and agreement by signing the letter in an appropriate place; and be it further -4- RESOLVED, that in contemplation of compliance with the foregoing agreement, this Board will not implement an ordinance which would limit truck traffic on Rock Ridge Road to trucks of a maximum gross weight of 4.9 tons until December 1, 1983; and be it further RESOLVED, that copies of the foregoing agreement will be forwarded to the residents of Rock Ridge Road as well as the Chairman of the Village of Mamaroneck Planning Board. 2. Consider Setting a Date for Public Hearing to Consider Further or Alternate Amendments to the Code Relative to Chapter 81, Article II - Traffic Regulations Deputy Supervisor Bloom noted that in light of the action taken following the public hearing, it is unnecessary to consider this matter. NOT ON AGENDA - James Dolen re Payment of Attorney Fees-Perritano Litigation At this time the Deputy Supervisor asked if anyone wished to address the Board on any other subject and James Dolen submitted for the record a letter under today's date addressed to Supervisor Goldsmith relative to the payment of attorney's fees in the Perritano litigation. Some explanations were made by Mr. Bloom upon Mr. Dolen's notation that it is urgent that a decision be made. It was reiterated that Charles Stillman in New York City will represent the Town in this litigation. Some discussion followed during which Councilwoman Silverstone voiced her concern for all the defendants and stated that this Board must express its support for employees and volunteers; a suggestion was made that a Special Meeting be held relative to this matter. 4. Recess into Executive Session for the Purpose of Discussing Personnel At this point on motion duly made and seconded, it was unanimously RESOLVED, that this Board hereby will recess into executive session at 9:40 p.m. to discuss personnel. -5- 3B3 CONVENE EXECUTIVE SESSION Present were the following: Deputy Supervisor Lee H. Bloom Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Supervisor Leo Goldsmith, Jr. and Councilman Stewart J. McMillan were not in attendance at this meeting. Stephen V. Altieri, Town Administrator was also present. The Following agenda was followed: A G E N D A EXECUTIVE SESSION August 17, 1983 1. Status of Current Town Attorney a) Moving of Office b) Establishing Office in Town Center 2. Hiring of New Town Attorney a) Review of Resumes b) Procedure to Follow: re Interviewing Process, Designating Council Members to Conduct Interviews with Administrator c) Establishing Range for Salary for Retainer Fee Each item on the agenda was discussed according to the packet of information made available to the Board members by Mr. Altieri. Thereupon, on motion duly made and seconded, it was unanimously decided to adjourn the Executive Session at 10:30 p.m. and reconvene the Special Meeting of the Town Board. At this time, on motion duly made and seconded, the Special Meeting was unanimously declared adjourned at 10:30 p.m. I Town Clerk -6-