Loading...
HomeMy WebLinkAbout1992_02_26 Town Board Regular Minutes i MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AMID THE HOARD OF FIRE COMNBSSIONERS OF THE TOWN.OF NRANARONECK HELD ON THE 26TH DAY OF,F'EBRUARY 1992 IN THE COURT ROOM AMID CONFERENCE ROOM A OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NY. I CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 7:00 pan, at which time on motion duly made and seconded, the meeting was declared adjourned into a Executive Session in Conference Room A to discuss Personnel and Contracts. The Executive Session., on motion made by Councilwoman Price, seconded by Councilwoman O'Flinn, was unanimously declared adjourned at 8:15 1 pm. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 8:20 pm. in the Court Room. Present were the following members of the Board: Supervisor Caroline Silverstone Councilwoman Elaine Price Councilman John McGarr Councilwoman Kathleen Tracy O'Flinn Councilman Paul A. Ryan Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Counsel Paul Munch, Police Chief Paulette Gabbriellini, Asst to the Administrator i CALL TO ATTENTION Supervisor Silverstone pointed out to those assembled the locations of exits as required by law for public gatherings. I POLICE PROMOTIONS: Chief Munch informed the Board that from amongst the top three candidates appearing on Promotional Eligibility List No. 79-898D, Officer Paul Degenhardt, was selected by him for promotion to Police Sergeant. He added that the decision was based on a thorough evaluation of all prospective candidates and with input from the Departments management. Chief Munch said that Officer Degenhardt had an outstanding record and is well-suited for this promotion. Chief Munch also introduced Michael Nardelli, who was being promoted to Commander of the Detective Division, saying that it was a well-deserved and earned promotion. He then requested the Supervisor to deliver the Oath of Office to them. The Supervisor after the oath, asked each of them to introduce their families. BOARD OF FIRE COM4ISSIONERS The meeting was called to order by Commissioner Silverstone at 8:30 pm in the Court Roan. i Present were the following members of the commission: Commissioner Caroline Silverstone Commissioner Elaine Price Commissioner John McGarr Commissioner Kathleen Tracy O'Flinn Commissioner Paul A. Ryan 1. Fire Claims Commissioner O'Flinn presented fire claims for authorization of payment and on her motion, seconded by Commissioner McGarr, 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 Comptrollers Office: AAA Emergency $ 396.53 AT&T 38.98 Cleaning Systems Supply 211.00 Dri-Chem Extinguisher Co. 267.40 Fire Codes Subscription Service 312.75 GLT Industries, Inc. 427.25 I & T Plumbing & Heating Co 94.00 J & J Barish 31.32 Mike & Sons Bedding 498.00 NYNEX 9.00 vincents Garage 1,300.00 Westchester Joint Water Works 13,571.00 $16,938.20 Sullivan Architects Capital Proj. #89-10 $ 8,285.00 There being no further business to come before this Commission, on motion by Commissioner O'Flinn, seconded by Commissioner McGarr, the meeting was unanimously declared adjourned at 8:40. I 2 i February 26, 1992 PRESENTATION: 1991 Coastal Zone Management Commission Annual Report Phyllis Wittner, Chair of the commission was introduced and the Supervisor thanked her for once again presenting the report to the Board. Ms. Wittner read the following report: "This fifth annual report of the Town of Mamaroneck and Village of Larchmont Coastal Zone management Commission covers the tern of October 1990 through September 1991. The CZMC is required by law to produce an annual report, a time-consuming but beneficial task. The work of the CZMC has been and is effective because of the cooperation and consideration given to it by both the Town and Village governments, their staffs, the volunteers who sit on Commissions and Boards and in turn, the citizens we advise. In that regard, my personal thank you to Supervisor Silverstone for appointing me with Mayor Curnin's approval, as Chair since September 1988 and for providing this very special opportunity to serve. Both She and our Councilwoman liaison, Elaine Price, make sure that the Commission is kept apprised of all environmental issues. The challenge of representing two governments is made considerably less difficult because of Elaine's constant support and hard work. We thank all of you for supporting the CZMC,s efforts and respecting our opinions. The work accomplished by the CZMC cannot be executed successfully without the assistance of many people. I will not mention everyone on the Town staff who helped this year since their names appear in the report, but I will mention two people who are critical to the success of the Commission, our staff aide, Claudia Ng, and of course, Steve Altieri. As you read this Annual Report, you will see that it continues the tradition of putting current happenings in the context of an abbreviated history because of the ongoing nature of CZMC considerations. We also hope that anyone reading this report will come away with a better understanding of the variety of our responsibilities and the broad spectrum of issues that the CZMC covers. We are required to maintain liaisons with the agencies of the town and the Village. For example, during October 1990 through September 1991, Shirley Tolley and Richard Young covered the Town Planning Board meetings and Richard also covered the Zoning Board, Elinor Fredston and Mary Feldtmose attended the Village Planning Commission and Mary also covered the Village Zoning Board. Richard Coico was liaison to the Village Parks & Trees Committee and the CAC; Dick Metzner covered the Board of Architectural Review in the Village and the Town; Alan Mason and Howard McMichael covered the Friends of the Reservoir, and I was responsible for the Village and Town Boards. Attendance at these meetings allows us to better fulfill our NYS and local mandate to advise whether certain actions as defined under the Mamaroneck Environmental Quality Review law are consistent to the maximum extent practicable, with the policies and purposes of our Local Waterfront Revitalization Program. Consistency referrals, especially in the case of permits, in addition to necessitating careful scrutiny of the subject matter itself, often require a site visit by one or more Commission members and/or our Environmental Coordinator, Claudia Ng, before they are discussed by the CZMC. Most often the applicant appears before us, and finally we write our opinion to the referring agency. 3 February 26, 1992 I We responded to 15 cases during October 1990 through September 1991; nine referrals were from the Town; 5 from the Village and one as an interested agency to a permit request in the City of New Rochelle. We are required to be fully engaged in the community and one way that we do this is by attending conferences and special events. This list can be found in Appendix C of the report. Our mandate to implement the bi-municipal LWRP gives rise to numerous projects. For example, the CZMC submitted a detailed document in response to the DGEIS for the proposed CR zone for the Bonnie Briar, Winged Foot Golf Club lands in the Town, as well as proposing a Waterfront District zoning amendment to the Larchmont Village Board which was adopted in 1991. The CZMC is also required to monitor and advise on actions planned by NYS or federal agencies within our Coastal Zone, which as you know is the entire geographic area of the Village and the unincorporated area of the town. this past yea, considerable time as spent on matters of the State CMP which affect us directly. First, we gave written testimony at a Federal Review of the State Program. This review is mandated by the Federal Coastal Zone Management Act. Statements supporting the Department of State (DOS) as administrators of the State Program were also made by others in the ccnmmnity including Deputy Supervisor Price. Then, one sentence in Governor Cuomo-Is 1991 budget statement that referred to the possible relocation of the Coastal Management Program to an agency to be determined by the GovernorFs Task Force on Coastal Resources prompted a letter writing and telephone campaign during the early months of 1991. The CZMC advocated keeping the Coastal Management Program within the DOS and supporting Secretary of State, Gail Shaffer, who had proven to be a staunch advocate of the CMP. Subsequently, the NYS legislature refused to endorse such relocation, and that item was dropped form the final 1991 budge. (By the way, the final recommendation of the Governorts Task force in November 1991 was to keep the management of the program within the DOS and to enhance its j authority and responsibilities) . I Another project that was begun in 1990 deals with updating the LWRP by creating its first Supplement. The need for updating and possibly refining the LWRP, which was written during 1984-86, became apparent to the CZMC in its constant workings with this "encyclopedia,, of land use management. After a number of false starts, it was finally agreed that the LWRP would remain intact as the basic text, and this first update would be in the form of an annotated supplement which should include the Consistency Referral information appearing the first five Annual Reports as well as a Subject Index to topics discussed in the five Annual Reports. Numerous drafts were written and circulated to the Commission for review. The Supplement should be ready for consideration by you and the Village Board within the month or so. after local approval, the document would be forwarded to the Department of State for its acceptance as part of the New York State program. Thank you once again for your continued support." Supervisor Silverstone thanked Ms. Wittner, saying that the job that was done by her and other members of the Coastal Zone Management Commission was invaluable and that because of their input and dedication the Town and Village, each had model programs to protect their land and environment. The Supervisor introduced County Legislator George Latimer. Mr. Latimer gave the schedule of meetings of the County Board, his home and office telephone numbers and urged anyone with any suggestions or problems to please contact him. He said that he would be conducting_ regular walking tours in his district, so he would be sure to introduce himself in person and discuss the issues that are facing us in the County. He thanked the Board for the opportunity to speak and said he would be back SOOii. 4 AFFAIRS OF THE TOWN 1. Authorization - Federal Small Business Administration Tree Planting Grant The Administrator said that there was grant funding available under this program and the proposal for the Town had been prepared with the objective to create and maintain a scenic and environmentally use entrance way in the Premium Marsh Conservation Area. Phyllis Wittner said that funds of $5,000 were requested which would provide for the expansion of the habitat by the use of plantings that are friendly to animals, birds especially. She said that the entrance presently does not have sufficient cover or food for the birds native to the area. She said that the plan was multi-benefical because it would also reduce the impact of tidal flooding. i Councilwoman O'Flinn said that the plan would also incorporated using Town Staff from the Highway Department, who have begun restoring the area by reducing the area that leads to the paths. The Board then discussed the types of trees and shrubs that would be planted. Mr. Altieri said that it would be necessary for the Board to approve the grant application, saying that the grant deadline was March 10, 1992. Ms. Wittner also volunteered to prepare the submittal letter. On motion of Councilwoman Price, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that the Town Board does hereby grant approval for the submittal of a Grant Proposal for Plantings and such along the Premium Marsh area to the National Small Business Tree Planting Program, New York State Department of Environmental Conservation. ! An item was then added to the agenda. Appointment to the Conservation Advisory Committee The Supervisor called on Councilwoman O'Flinn for the appointment. Councilwoman O'Fli.nn said that there was an opening on the CAC and that upon recommendation from Mayor Noto, she would like to nominate Maureen Nobile to serve as a member of the CAC, replacing Ms. Landrigan. On motion of Councilwoman O'Flinn, seconded by Councilwoman Price, it was unanimously, RESOLVED, that the Town Board does hereby appoint Maureen Nobile, 141 Fenimore Road, to the Conservation Advisory Commission, to serve an _unexpired term, which ends December 1994. 5 I 2. Set Date for Public Hearing - Incinerator Law - Improvements to Water Facilities Mamaroneck Water District #1 Mr. Altieri said that the proposed Incinerator Law was now ready for Public Hearing and that it would be necessary for the Board to set the date, after a brief discussion, On motion of Councilwoman Price, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does set March 18, 1992, as the date for the Public Hearing to to consider the adoption of a Local Law entitled "Incinerators"; and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to post and publish the legal notice of Public Hearing for the proposed law. Improvements to Rye Lake Facilities Mamaroneck Water District #1 The Administrator said that since the Board had previously authorized WJWW's Capital Project to improve the Rye Lake Pump facility, it was now necessary to hold a public hearing in connection with the borrowing of no more than $179,350 which is the Town's share to the total cost which is $850,000 for the improvements to Water District #1. On motion of Councilwoman Price, seconded by Councilman McGarr, it was unanimously, RESOLVED, that the Town Board does her eby set March 18, 1992, as the date for the Public Hearing to to consider the borrowing of funds to make necessary improvements to the Rye Lake Facility in Mamaroneck Water District #1; and BE IT FURTHER, RESOLVED, that the total cost of the improvements are not to exceed $850,000, the Towns share to be 21.1% of the total cost, which is a cost of $179,350; and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to post and publish the legal notice of the Public Hearing for the adoption of said bond resolution. i 4. Authorization - Consulting Agreement - Malcolm Pirnie, Inc. The Town Administrator said that he was requesting authorization to enter into a consulting agreement with Malcolm Pirnie, Inc. in connection with their service on the Supplemental Hydrologic Study on the Sheldrake Watershed for the SETS. 6 The Board discussed the potential costs for the study and thought it prudent to set a maximum amount to be expended for this study. The instructed Mr. Altieri have the wording in the agreement changed to reflect that would specifically state that the maximum amount would not exceed $19,700 without prior notification and Board approval. On motion of Councilman McGarr, seconded by Councilman Ryan, it was unanimously, I RESOLVED, that the Town Board does hereby authorize the Town Administrator to sign and execute the consulting agreement between the ! Town and Malcolm Pirnie, Inc. for the purpose of them providing engineering services while conducting a Hydrological Study of the Sheldrake Watershed for the SEIS; and BE IT FURTHER, RESOLVED, that the authorization to execute the agreement is contingent on the amendment of the wording to specify that the maximum amount to expended for this work is not to exceed $19,700 without prior notification and Board approval. I 5. Authorization - Change in Workers Compensation Insurance The Administrator explained that the Towns compensation carrier has been the State Insurance Fund for many years and that each year there has been a hefty increase in premiums. He said that the current policy is due to expire in March and in the hopes of reducing costs he had looked at alternatives. He said that if the Board has seen the different alternative plan figures he has provided then, they can also conclude that the Retrospective Rating Plan with the State Insurance Fund can offer the Town substantial savings. He said that the Retrospective Rating Plan is similar to a self-insured plan, except that in this premiums are paid directly to the State Insurance Fund, rather than being kept by the self-insurer, and the Insurance Fund would continue to be responsible for administering and paying the workers compensation claims. He outlined the following formula: 1. The Town would be billed 70% of the standard annual premium of $282,832 or approximately $197,884, which is a 30% discount over the standard premium we would pay. 2. Any losses incurred within the policy period of one year will be included in a retrospective rating premium adjustment. 3. Six months after the rating period expires, the Towns campensation claims would be reviewed and the State Fund would then calculate the retrospective rating premium based on the losses for the year. j4. Based on the loss ratio, an adjustment would be made resulting in either an additional premium or a rebate of premium. He said that overall the Towns claims for the last five years had been quite good with the exception of one year in which a death occurred. He said that if we had participated during these past five years in this program, the Town would have saved a total of $456,749 as shown in attachment A of the chart I have provided. A substantial savings in premiums would have been realized. 7 'The Administrator and Board discussed various aspects of the plan, and he said that he would review the loss runs every three months to follow closely any abrupt changes. On motion of Councilwoman O,,Fli.nn, seconded by Councilman McGarr, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Town Administrator to change the Workers Compensation Insurance Policy, enrolling the Town in the Retrospective Rating Plan. I 7. Resolution - Town of Mamaroneck Fee Schedule It was decided to hold this item over to the next agenda S. Salary Authorization - Police Department On motion of Councilman McGarr, seconded by Councilwoman Price, it was unanimously, RESOLVED, as provided for in the 1992 Town Budget the Town Board does hereby approve the salary authorization for William P. Degenhardt, at the annual rate of $51,815, due to his promotion to Sergeant, effective February 27, 1992. 8. Consolidation of Voting Districts - Primary I The Town Clerk said that the State had enacted new legislation regarding the consolidation of voting district and that during primaries, districts that not having an enrollment of more than 400 registrants can be.combined into one district. She said it would be necessary for the Town Board to approve the proposed consolidation that she has recommended if they so chose. After a discussion of the savings, on motion of Councilman McGarr, seconded by Councilwoman Price, it was unanimously, i RESOLVED, that the Town Board does hereby approve the Consolidation of Voting Districts as recommended by the Town Clerk as follows: COMBINED DIST. IACATION REGISTRATION REGISTRATION 8 Larchmont Village Center 601 25 Larchmont Village Center 164 765 24 Mamaroneck Ave School 383 1 Mamaroneck Ave School 253 636 8 i COMBINED DIST. IDCATION REGISTRATION REGISTRATION 2 Volunteer Fire House 375 28 Volunteer Fire House 149 524 ' - I 7 Chatsworth Avenue School 240 9 Chatsworth Avenue School 361 601 5 Rescue Squad Building 281 27 Rescue Squad Building 230 511 14 Central School 378 16 Central School 370 748 i 10. Authorization - Settlement of Deliquent Tax Matters I Mr. Silverberg said that in conjunction with the attempts by his office to collect delinquent taxes, he has negotiated and prepared payment agreements with taxpayers, and that he deemed it necessary for a formal resolution to be adopted authorizing him to enter into the agreements. On motion of Councilman McGarr, seconded by Councilwoman Price, is was unanimously, WHEREAS, the Town has encountered difficulty in collecting many outstanding tax liens; and WHEREAS, The town has a large number of outstanding unpaid tax liens; and WHEREAS, it is in the public interest to take all appropriate steps to collect the outstanding taxes; I NOW THEREFORE, BE IT RESOLVED, that Town Counsel is hereby authorized to enter into agreement for the payment of existing tax liens, provided those agreements make provision for the payment of taxes coming due during the pendency of the payment agreements. I TOWN CLERK REPORTS: The Town Clerk filed for the record that monthly financial report of her office for the month of January 1992. i ADJOURNMENT: The Supervisor said that she wished to adjourn the meeting in memory of Ed Reilly and Dorothy Defalco, both had recently passed away. The meeting was adjourned at 10:25 pan. Respectfully submitted, Patricia DiCioccio, Town Clerk 9