HomeMy WebLinkAbout1997_02_05 Town Board Regular Minutes TOWN OF MAMARONECK
TOWN BOARD AGENDA
REGULAR MEETING -Wednesday, February 5, 1997 -Town Center Court Room -
8:15 PM
THE TOWN BOARD WILL CONVENE at 7:00 PM into an Executive Session to discuss
Personnel/Litigation and adjourn into a Work Session at 7:30 PM to discuss an In Rem
matter and 1997 projects.
CONVENE REGULAR MEETING
CONVENE EXECUTIVE SESSION
RECESS EXECUTIVE SESSION
CONVENE WORK SESSION
RECESS WORK SESSION
RECONVENE REGULAR MEETING
CALL TO ATTENTION - Location of Exits
PROCLAMATIONS: BLACK HISTORY MONTH
AMERICAN HISTORY MONTH
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Business
PUBLIC HEARING -Amendment to Town SEQR Law
The purpose of this amendment is to conform in certain respects the Type I
list set forth in 92-7 of the Town of Mamaroneck Environmental Quality
Review Law to the State Environmental Quality Review Act (°SEQRA')
Type I list set forth in 6 N.Y.C.R.R.
617.4, as amended in January 1996. By removing the categories noted
below from its Type I list, the Town will gain flexibility in its review of such
actions without sacrificing its ability to require a full environmental review
where appropriate
AFFAIRS OF THE TOWN
1. Authorization - Grant Contract - NYS Department of State
2. Authorization -Agreement for Computer Purchase
3. Authorization - Insurance Settlement
4. Authorization - Consultant Agreement Coastal Zone Management Commission
5. Authorization -To Settle Judgment of Town Litigation
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
SUPERVISOR REPORTS
REPORTS OF THE COUNCIL
Next regularly scheduled meetings - February 26, 1997
- March 5, 1997
Any physically handicapped person needing special assistance in order to attend the
meeting should call the Town Administrator's office at 381-7810.
February 5, 1997
THE MINUTES OF THE REGULAR MEETING OF THE TOWN
BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE
TOWN OF MAMARONECK, HELD ON WEDNESDAY, FEBRUARY 5,
1997 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER,
740 W. BOSTON POST ROAD, MAMARONECK, NY
CONVENE EXECUTIVE SESSION
The Executive Session of the Town Board was duly opened at 7:00 PM in Conference
Room A of the Town Center. The purpose of the Executive Session was to discuss
Personnel/Litigation and adjourn into a Work Session at 7:30 PM to discuss an In Rem
matter and 1997 projects.
On motion duly made and seconded the Board adjourned at 8:15 PM to reconvene the
regular meeting in the Court Room.
CONVENE REGULAR MEETING
The Regular meeting of the Town Board was called to order by Supervisor Price at 8:20
PM.
PRESENT:
Supervisor Elaine Price
Councilman Paul A. Ryan
Councilwoman Valerie M. O'Keeffe
ABSENT Councilman Barry Weprin
Councilwoman Phyllis Wittner
The Supervisor advised everyone that Councilman Weprin was out of Town on business
matters, and Councilwoman Wittner was recovering from an operation on her foot.
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ALSO PRESENT:
Patricia DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Charlene Indelicato, Town Attorney
CALL TO ATTENTION
Supervisor Price pointed out to those assembled the locations of exits as required by law
for public gatherings. She sent good wishes to Councilwoman Wittner who was home
recuperating from surgery.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Price at 8:29 PM in the Court Room.
FEBRUARY 5, 1997
Present were the following members of the Commission:
Commissioner: Elaine Price
Commissioner: Paul A. Ryan
Commissioner: Valerie M. O'Keeffe
1. Fire Claims:
Commissioner O'Keeffe presented fire claims for authorization_of payment , thereafter on
her motion, seconded by Commissioner Ryan, 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:
OPERATING FUND
Diamond Glass Corp. $ 1638.00
Stillwell Equipment 806.90
Willkie Farr& Gallagher 575.00
AAA Emergency Supply Co., Inc. '46.95
AAA Emergency Supply Co. Inc. 25.00
Angelo &Joey's Auto Body 379.40
Angelo &Joey's Auto Body 177.50
Christopher DeNisco 136.90
Cleaning Systems 38.56
Cleaning Systems 48.24
Coyne Textile service 119.00
Dri-Chem Extinguisher Co. 102.00
Dri-Chem Extinguisher Co. 50.00
Gallagher Newman Insurance Brokers 538.25
Gannett Suburban Papers 365.18
Home Fair Camera 16.58
Ikon 432.00
Metro Corn North 85.00
Poland Spring 38.45
Tartaglione Construction Corp. 133.33
Town of Mamaroneck Professional 220.00
Pronto Printer 276.08
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PUBLIC HEARING -Amendment to Town SEQR Law
PLEASE TAKE NOTICE,that a public hearing will be held by the Town Board of the Town
of Mamaroneck on February 5, 1997 at 8:15 PM or as soon thereafter as is possible in the
Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to
consider adoption of the following Local Law entitled "Amendment to Town of
Mamaroneck Environmental Quality Review Law".
The purpose of this amendment is to conform in certain respects the Type I list set forth
in 92-7 of the Town of Mamaroneck Environmental Quality Review Law to the State
Environmental Quality Review Act("SEQRA") Type 1 list set forth in 6 N.Y.C.R.R. 617.4,
as amended in January 1996. By removing the categories noted below from its Type I list,
the Town will gain flexibility in its review of such actions without sacrificing its ability to
require a full environmental review where appropriate. The amendment also makes
certain non-substantive corrections to conform to the SEQRA Type I list as shown below.
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FEBRUARY 5, 1997
This item has been referred to the Coastal Zone Management Commission.
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, the hearing was
opened, and there being no comment on the same motion and second, the hearing was
closed and the following local law was unanimously adopted:
LOCAL LAW 2- 1997
This Local Law shall be known as "Amendment to Section 92-7 of the Town of
Mamaroneck Environmental Quality Review Law".
Be it enacted by the Town Board of the Town of Mamaroneck as follows:
1. Purpose:
The purpose of this amendment is to conform in certain respects the Type I list set forth
in 92-7-of the Town of Mamaroneck Environmental Quality Review Law to the State
Environmental Quality Review Act("SEQRA") Type I list set forth in 6 N.Y.C.R.R. 617.4, as
amended in January 1996. By removing the categories noted below from its Type 1 list,
the Town will gain flexibility in its review of such actions without sacrificing its ability to
require a full environmental review where appropriate. The amendment also makes
certain non-substantive corrections to conform to the SEQRA Type I list as shown below.
2. Article I. Section 92-7 -Type I Actions:
A. Section 92-7 (A)shall be amended as follows.
92-7. Type I Actions.
The list of Type I actions as set forth in 6 NYCRR 617.4 shall be adopted in whole
hereby with the following modifications and amendments:
A. The following actions are Type I if they are to be directly undertaken,
funded or approved by an agency:
(1) The adoption of a municipality's land use plan, the adoption
by any agency of a comprehensive resource management
plan or the adoption of a municipality's comprehensive
zoning regulations. Also, the adoption of comprehensive
building codes, comprehensive solid waste plans, state
and regional transportation plans, water resource
basin plans, comprehensive water quality studies, area-
wide water treatment plans, state and local environmental
plans, local flood control plans and the like.
(2) The adoption of changes in the allowable uses within any
zoning district affecting fifteen (15) or more acres of the
district.
(3) The granting of a zoning change, at the request of an
applicant, for an action that meets or exceeds one (1) or
more of the thresholds given elsewhere on this list.
(4) The acquisition, sale, lease, annexation or other transfer
by a public agency of more than five (5) contiguous
acres of land.
(5) The construction of new residential units which meet or
exceed the following thresholds:
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FEBRUARY 5, 1997
(a) Ten (10) units not to be connected (at commencement
of habitation)to existing community or public water
and sewerage systems, including sewage treatment
works.
(b) Forty(40) units to be connected (at the commencement
of habitation)to existing community or public
water and sewerage systems, including sewage
treatment works.
(6) Activities, other than the construction of residential facilities,
which meet or exceed any of the following thresholds, or the
expansion of existing nonresidential facilities by more than
fifty percent(50%) of any of the following thresholds:
(a) A project or action which Involves the physical
alteration often (10) acres.
(b) A project or action which would use ground or surface
water in excess of five thousand (5,000) gallons in
any day.
(c) Parking for seventy-five (75) vehicles or more.
(d) A facility with more than one hundred thousand
(100,000) square feet of gross floor area.
(e) Incinerators operating at a refuse-charging rate
exceeding seventy-five (75)tons of refuse per
twenty-four hour day.
(f) Storage facilities designed for or capable of storing
one thousand (1,000) or more gallons of liquid
natural gas, liquid petroleum gas or other fuels.
(g) An independent combustion installation operating
at a total heating input exceeding ten million
(10,000,000) Btu per hour.
(h) Process, exhaust and/or ventilation systems emitting
air contaminants assigned an environmental rating
of A under 6 NYCRR 212 and whose total emission
rate of such A contaminant exceeds one (1) pound
per hour.
(I) Process, exhaust and/or ventilation systems of which
the total emission rate of all air contaminants exceeds
twenty-five (25)tons per day.
Q) An industrial facility which has a-yearly average
discharge flow, based on days of discharge, of
greater than twenty-five thousand (25,000) gallons
per day.
(7) Any structure exceeding one hundred (100)feet above original
ground level in a locality without any zoning regulation
pertaining to height.
(8) Any unlisted action that includes a nonagricultural use occurring
wholly or partially within an agricultural district(certified
pursuant to the Agriculture and Markets Law, Article 25-AA,
303 and 304)which exceeds twenty-five percent (25%) of any
threshold established in this section.
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FEBRUARY 5, 1997
(9) Any unlisted action (unless the action is designed for the
preservation of the facility or site) occurring wholly or partially
within or substantially contiguous to any historic building,
structure, site or district or prehistoric site listed on the
National Register of Historic Places or that has been proposed by
the New York State Board of Historic Preservation for a
y
recommendation
b the State Historic Preservation Officer
for nomination for inclusion in said national register or that
is listed on the State Register of Historic Places. (The National
Register of Historic Places is established by 36.CFR 60 and
63 (1994); see 6 NYCRR 617.17.)
(10) Any unlisted action which exceeds twenty-five percent(25%)
of any threshold in this section, occurring wholly or partially
within or substantially contiguous to any publicly owned or
operated parkland, recreation area or designated open space,
including any site on the Register of National Natural
Landmarks pursuant to 36 CFR 62 (1994). (See 6 NYCRR
617.17.)
(11) Any unlisted action which exceeds a Type I threshold
established by an involved agency pursuant to
6 NYCRR 617.14.
(12) The construction of new or expansion by more than fifty
(50%) of the existing size, square footage or usage of
existing (or any funding, licensing or planning activities
in respect thereto):
(a) Heliports, including Hovercraft and seaplanes.
(b) Facilities or institutions, including but not limited
to hospitals, schools, correction facilities and
office centers.
(c) Sanitary landfills."
(d) Chemical pulp mills, portland cement plants, iron
and steel plants, primary aluminum ore reduction
plants, sulfuric acid plants, petroleum refineries,
lime planets, sulfur recovery plants, fuel conversion
plants, by-product coke manufacturing plants and
cogeneration plants.
(13) Any unlisted action which will result in permanent change to
the channel or bed of lakes or streams with a water surface
in excess of one-fourth (114) acre.
(14) Any unlisted action which involves disturbance of soils
covering more than one-fourth (114) acre on an average
slope of forty percent(40%) or greater that impacts on
adjacent areas or downstream areas.
(15) Any proposed publicly or privately owned sewage treatment
works.
(16) The clear cutting of one (1) or more contiguous acres of forest.
(17) The discharge of radioactive material into the air, water or
sanitary sewer(except as,provided for in 6 NYCRR 380.5) or
burial of such materials.
3. Effective Date:
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FEBRUARY 5, 1997
This local law shall take effect immediately and apply to all actions for which a
determination of significance has not been made prior to date of adoption.
AFFAIRS OF THE TOWN
1. Authorization -Grant Contract NYS Department of State
The Administrator said that he had prepared a draft contract between the Town and the
State of New York to provide funding for the Sheldrake Bank Stabilization Project. The
project is to prevent further deterioration of the banks of the river by installing plantings
at key locations. He said that approximately 1,000 linear feet of plantings will be installed.
It was decided following discussion that a list of the plantings for the bank stabilization be
attached to the grant contract. The total project cost are estimated to be $60,000 of
which the State will fund $30,000. Mr. Altieri specified that the balance of the project will
be funded by the Town with in-kind services provided by the Highway Department and
approximately $15,500 of funds. Subject to review by counsel, he requested
authorization to execute this agreement.
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was
unanimously,
RESOLVED, that the Town Board does hereby authorize the
Agreement with the State of New York for the Sheldrake Bank
Stabilization Project, of which the State is to fund $30,000 and
the rest to be provided through the Town with in-kind services by
the Highway Department and approximately $15,500 in funds;
and
BE IT FURTHER,
RESOLVED, that the Town Administrator is hereby authorized to
execute said contract on behalf of the Town.
2. Authorization -Agreement for Computer Purchase
Mr. Altieri stated that during the Board's review of the capital projects, discussions were
held on the need to upgrade the Towns AS 1400 computer. This computer serves as our
mainframe that processes data for financial management, property assessment and
building inspection. At this time the computer has reached 90% of its available.capacity
and requires expansion. He said he had prepared a proposed agreement with Total
Solutions Associates of Hawthorne, New York,to furnish and install additional memory in
the AS1400 for a total cost of the contract amounting to $14,600. He added that Total
Solutions was selected because they are an authorized business partner with IBM and
can provide the services requested in the contract.
He explained further that twenty-five percent of the cost of this contract will be funded by
a contribution from the Village of Larchmont, which is part of an agreement because our
computer equipment stores the data for the financial management system for the Village
and they are required to contribute a portion of operational and capital cost for the
maintenance of the system. The balance of the funding for this purchase is appropriated
in the 1997 Budget. He noted that Counsel has reviewed the agreement and has made
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FEBRUARY 5, 1997
one change noted on the Board's copy. Authorization is therefore requested to execute
this agreement.
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was
unanimously,
RESOLVED,that the Town Board does hereby authorize the
"Agreement with Total Solutions Associates of Hawthorne , New
York for them to furnish and install memory in the AS 1400
computer system; and
BE IT FURTHER,
RESOLVED, that the total cost of said agreement is $14,600, of
which the Village of Larchmont shall reimburse the Town 25%;
and
BE IT FURTHER,
RESOLVED, that the Town Administrator is hereby authorized to
execute said agreement on behalf of the Town.
3. Authorization -Insurance Settlement
The Administrator explained that authorization is requested to pay Coregis Insurance Co.
$811.88 for the settlement of a claim for damages brought against the Town by Dr.
Maynard Makman, who on October 30, 1995, had his automobile, a Lexus, struck by a
recycling bin thrown inadvertently by a sanitation employee. The Town's insurance
company settled the claim and the policy has a $1,000 deductible for this loss.
Then on motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was
unanimously,
RESOLVED, that the Town Board does hereby authorize that
$811.88 be paid to Coregis Insurance Company for the
settlement of Claim made by Maynard Makman for damages to
his Lexus.
4. Authorization -Consultant Agreement Coastal Zone Management Commission
The Supervisor explained that included in the Commission's 1997 workplan is a review of
the Town's Freshwater Wetlands Regulations and Law. The review of the law would be to
improve consistency with State and Federal regulations and consideration of expanding
the law to include tidal wetlands, and permit standards would also be evaluated.
The Town Administrator said the Coastal Zone Management Commission had issued a
request for proposals and interviewed consultants for this project. After review by the
Commission,their recommendation was to retain Tessier Environmental Consulting of
Rye, New York. He said that he had attached a copy of their proposal to the Board
packet, adding that the estimated cost of the consulting agreement is $5,850 - $6,500, and
the funds are available in the CZMC budget for this purpose. Subject to review by
Counsel, authorization is requested to enter into an agreement with Tessier Consulting.
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was
unanimously,
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FEBRUARY 5, 1997
RESOLVED, that the Town Board does hereby authorize the
Agreement with Tessier Environmental Consulting, Rye, NY for
their services as Consultants to the Coastal Zone Management
Commission in regard to review of wetland laws, total amount of
said fee not to exceed $6,500, to be funded through the CZMC
budget; and
BE IT FURTHER,
RESOLVED, that the Town Administrator is hereby authorized to
execute said agreement on behalf of the Town.
5. Authorization -To Settle Judgment of Town Litigation
The Administrator reported that this item was to settle litigation on the Baumblatt matter.
There being no discussion, on motion of Councilman Ryan, seconded by Councilwoman
O'Keeffe, it was unanimously,
RESOLVED,that the Town Board does hereby authorize the
settlement in the Baumblatt v. Dolores A. Battalia, et al case, in
the amount of$874.27.
6. Resolution -Transfer of Funds - Town Court
The Town Justices requested by memorandum that a resolution of the Town Board be
passed to authorize a transfer of unclaimed funds from the Town Court to the Town's
general fund. In addition, the resolution would authorize the Comptroller to disburse the
funds upon direction of the justices. At this time there are unclaimed bail funds and
excess fine payments totaling $10,700 These funds were received in the court more than
six years ago and it appears unlikely that they will be claimed. However, should a
claimant appear before the court seeking return of the funds, the Comptroller would be
responsible for disbursement.
It was decided to defer this item to the next meeting.
PROCLAMATIONS:
BLACK HISTORY MONTH and AMERICAN HISTORY MONTH
The Supervisor read the proclamations Into the record
(attached at end)
Supervisor Price reported that there would be a group of art students from the High
Schools, Churches, and various other organizations who will begin working on a mural
for the Court Room in celebration of the 300th Anniversary of the Town's records, which
first began in 1697.
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FEBRUARY 5, 1997
PROCLAMATION
BLACK HISTORY MONTH
WHEREAS, BLACK HISTORY MONTH is celebrated each year in February; and
WHEREAS, That celebration continues to grow, as African-Americans and others devote
increasing attention to their role in American society; and
WHEREAS, It Is our hope that during this year we remember the African-Americans who
selflessly and bravely contributed to our nation by engaging in educational activities that
foster pride and awareness.
NOW, THEREFORE, BE IT
RESOLVED that I, Elaine Price, Supervisor of the Town of Mamaroneck and the members
of the Town Board hereby proclaim that the month of February 1997 as
BLACK HISTORY MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of
Mamaroneck to be affixed this 5th day of February 1997.
Elaine Price, Supervisor
Paul A. Ryan, Councilman Valerie Moore O'Keeffe, Councilwoman
Barry A.Weprin, Councilman Phyllis Wittner, Councilwoman
Attested to by:
Patricia A. DlCioccio, Town Clerk
PROCLAMATION
AMERICAN HISTORY MONTH
WHEREAS, The Congress of the United States of America has designated February as
AMERICAN HISTORY MONTH; and
WHEREAS, The National Society Daughters of the American Revolution sponsor February
as American History Month each-year; and
WHEREAS, The backbone of this great nation of America is its history, upon which all of
our accomplishments are based.
NOW, THEREFORE, BE IT
RESOLVED that I, Elaine Price, Supervisor of the Town of Mamaroneck and the members
of the Town Board hereby proclaim that the month of February 1997 as
AMERICAN HISTORY MONTH
throughout the Town of Mamaroneck and urge all residents to join with me and the Town
Board in the celebration of AMERICAN HISTORY MONTH.
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FEBRUARY 5, 1997
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of
Mamaroneck to be affixed this 5th day of February 1997.
Elaine Price, Supervisor
Paul A. Ryan, Councilman Valerie Moore O'Keeffe, Councilwoman
Barry A.Weprin, Councilman Phyllis Wittner, Councilwoman
Attested to by:
Patricia A. DiCioccio, Town Clerk
ADJOURNMENT
On motion duly made and'seconded the meeting was adjourned at 9:15 PM.
Patricia A. DiCioccio, Town Clerk
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