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HomeMy WebLinkAbout1992_09_23 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD AMID BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD ON THE 23RD DAY OF SEPTEMBER 1992 IN THE COURT ROOM OF THE TOWN CEDER, 740 W. BOSTON POST ROAD, MMUMNECK, NEW YORK CONVENE REGULAR MEETING The meeting was called to order by Supervisor Silverstone at 8:25 pm in Court Roam of the Town Center. Supervisor Caroline Silverstone Councilwoman Elaine Price Councilman Kathleen Tracy O,1Flinn Councilman Paul A. Ryan Also present were: Carol A. Acocella, Acting Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Counsel Louis Santoro, Fire Chief Councilman John McGarr was not able to attend this meeting. CALL TO ATTENTION Supervisor Silverstone pointed out to those assembled the locations of exits as required by law for public gatherings. The Supervisor said that she knew there were residents attending tonight's meeting regarding recycling and that she wanted to inform them that the Board would be scheduling the hearing for October 21, 1992. She explained that the Board had discussed this during its work session when they were reviewing the proposed law. Dave Freeman, Vice President of Larchmont Acres Association, told the Board that until a law was passed, the management company that runs his building refused to enact changes. Supervisor Silverstone informed him that there were in actuality two laws, the Town Law to be adopted and the State Law, which is already to be implemented as of September 1, 1992. She explained that the Town Law was much broader, including'such things as dumpsters and that further in the agenda there would be an update on recycling. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Silverstone at 8:35 pm in the Court Roam. Present were the following members of the Commission: Commissioner Caroline Silverstone commissioner Elaine Price Commissioner Kathleen Tracy O,Flinn Commissioner Paul A. Ryan September 23, 1994 1. Fire Claims Commissioner McGarr, who was not in attendance, had the fire claims. The Administrator asked the Fire Chief if there would be a problem if they were to be approved at the next meeting. Chief Santoro replied that there was no urgency to approve by tonight. 2. Salary Authorization Mr. Altieri informed the Board that two firefighters have been selected from the county open competitive list after being interviewed and that he was requesting salary authorization for Darrel Pistone and John Jirgal. On motion of Councilman Ryan, seconded by Councilman Price, it was unanimously RESOLVED, that this commission hereby authorizes the salary of $22,000 be paid to Darrel Piston, effective 9/10/92 and John Jirgal, effective 9/11/92 for their service as fire fighters in the Town Fire Department. There being no further business to came before this Commission, on motion by Commission Price, seconded by Commissioner McGarr, the meeting was unanimously declared adjourned at 8:40 pm. AFFAIRS OF THE TOWN 1. Authorization - Larchmont Library Contract The Supervisor introduced Joan Faulkner, Chair of the Library Board, who then introduced Mary Ann Mumma and Jean Schwartz, fellow library board members. Ms. Faulkner stated that she was appearing before the Town Board to request their commitment to the Library�s redesign and expansion plan as the need was critical. She explained that the adult library building, children's moan and village center needed to be connected allowing for access to the disabled. She pointed out that the libraryes circulation rose 8% last year, that it ranked 13th in circulation out of 38 libraries, and that the facility was 70 years old, originally built to serve a population of 7,500, which has since tripled. She stated that the planning for this project had begun eight years ago, when Larcbmont first purchased the village center, and that funds were raised privately through the library board and friends of the library to offset the costs of renovation, equip the children's moan and that the two boards began to develop plans to connect the buildings, forming a•buildi.ng committee which included members from the two boards. Ms. Faulkner furthered that two years ago the village and town both pledged funds to expand the library, with the condition that the library raise privately at least half of the estimated cost and that the town and village contribute equal amounts, and with the provision that the town and village enter into a long tern agreement covering the operation of the library. She stated that the total cost was $1.6 million, and that at the August 17, 1992 meeting of the Village Board, approval was given for the library's redesign, with the proviso that the Town Board share in the cost. Ms. Faulkner explained that with the approval of your Board, the library building committee would have detailed plans prepared and would resume private fund raising, which should reach its. goal of half share by the end of the year and that construction then 1 I i September 23, 19971 could possibly begin 1993. She then thanked the Town Board for their continued support and consideration, especially thanking Councilwoman O•Flinn and Councilman McGarr, who had served as liaison to the Library Board. The Supervisor then read a memo from. Councilman McGarr into the record. (see end of minutes) Councilwoman Price stated that the need appears critical for the expansion, that it is an exciting project that she looked forward to supporting and financially helping, but she has a reservation that needed to be made part of the record. She explained that in the contract there is a provision that the Towns use of the library's improvement be a irrevocable right for the original term of financing, which is only four or five years, and if in the future the Village wants to use these improvements for uses other than library purposes the Town would not have a legal way to object. Supervisor Silverstone said that it might be helpful to explain the terms of the contract. The Town and Village have shared in the operating expenses of the library for 30 years, the cost has been allocated based on the number of card holders from each community, currently 58% of the cardholders are from. the Town, the remainder frcmn the Village. She stated that the agreement is for 40 years so that if the Town expended municipal money for the construction of a capital project located in Larchmnont, the Town would want to ensure that the contribution be fully amortized, guaranteeing that absolutely the residents of the Town would be on equal footing with residents of the Village with regard to use of the facility during those 40 years. She noted that the bonding attorneys had been questioned on this, they had inserted language that gave Town special rights in a lease provision for the period of financing, which made the Town equal owners during that period and at the end of 40 years the Town would continue to have the same rights to service that the library provides. Councilwoman OIFlinn clarified that the estimated cost of the project was $1.6 million, but 50% of that cost was to be raised through donations, then at that point the Village would contribute $400,000 and the Town the remaining $400,000, which means that the project can only proceed with contributions of private funds. Councilman Ryan stated that as a minority of one, although it is a beautiful plan and he had no objection to taxpayers dollars going to support the library, he objected to parttown dollars being spent on a capital project in another municipality. He reiterated that spending $400,000 over the next four years of money that is not ours is something he is not comfortable with, and that he would prefer Larchmont to use their own surplus, bond the issue, then charge back the Town on an annual basis. Councilman Ryan emphasized that he could not approve either the contract nor the financing of this project. The question was then called and with the condition that the last sentence in paragraph 7B be deleted, on motion of Councilwoman OIFlinn, seconded by Councilwoman Price: RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve and move the execution of the contract for improvements to the Larchmont Library for the amount of $400,000. Ayes: OIFlinn, Price, Silverstone Nays: Ryan 2 I September 23, 1992 Ms. Faulkner thanked the Board and then introduced Jack Coughlin, another member of the library board. 2. Settlement - Tax Certiorari The Town Administrator said that George Derderian had negotiated settlements for and was recommending that the Board approve assessment reductions for Sara Neuman Foundation and Allpax Realty Campany. Following a brief discussion, on motion of Councilwoman O'Flinn, seconded by Councilman Ryan, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposed settlement for Sara Neuman Foundation, Block 905, lots 54 as follows: Year Assessment Proposed 1987 $850,000 $777,600 1998 $850,000 $406,350 1991 $850,000 $338,200 Ayes: Ryan, O'Flinn, Price, Silverstone Nays: None On motion of Councilwoman O'Flinn, seconded by Councilman Ryan, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposed settlement for Allpax Realty Cmipany, Inc. Block 821, lots 1.1 & 1.2 as follows: Year Assessment Proposed 1990 $136,100 $115,000 1991 $136,100 $113,000 1992 $136,100 $113,000 Ayes: Ryan, O/Flinn, Price, Silverstone I Nays: None 3. Resolution - Long Island Sound Councilwoman Price informed the Board that the draft resolution before them was initiated by joint efforts of the Long Island Task Force, Citizens for the Environment, and certain County Legislators, and that the Chairman of the County Board would be introducing it to the legislators. She explained that the resolution if adopted by the County would em nit then to take the lead in upgrading surer treatment 3 i I September 23, 1992"' i plants working with the state and federal governments in partnership to obtain funds for cleaning up Long Island Sound. She said that the Chairman if the County Hoard wanted a commitment from the Town Board that they are in support of the proposed resolution. The Supervisor noted that some changes should be made to wording. Councilwoman Price suggested sending a memo to Stephen Tenore supporting the principles of the resolution and that she would keep the Board apprised. Councilman Ryan recommended that the resolution include "supports consolidation of sewer districts to ensure equitable municipal contributions," and that Westchester County seek cooperation from all municipalities. There was further discussion, with the Supervisor requesting that the passage of the resolution be held over until the wording was changed, and the Board agreed. 4. Status Report - Premium Conservation Area I Phyllis Whittner read a statement on the Premium Conservation area entranceway, describing the plantings and praising the Highway Department for all the time, effort and work they had done on the area. Item # 6 was taken up out of order of the agenda 6. Update - Recycling Mr. Altieri stated that the Town and Village recycling had started that morning for single family and multi-family homes of up to three families. He said that the conmtercial, institutional and apartment buildings would be started in the next few weeks. He noted that they estimated that 10 tons of recyclables had been collected today, which was more than expected and that they ran into a few problems with glass breakage and liquids because of their being rinsed making collection much messier. He said that they would be experimenting with delivery to the Murphy Plant on Friday, testing the new trailer that the County had provided. He also said that he and Claudia Ng had attended a meeting at the County and that the County had made changes in regulations, and that another recycling information card would be prepared for distribution informing residents that they may now set out brown paper bags in bulk, and they could include aluminum foil and food trays with comingle recyclables. He pointed out that the comingle collection had been completed by 12:15 pan and newspaper/cardboard by 2:30 pm and that overall everything went well. Their was then a brief discussion 5. Report of Examination - New York State Comptroller Supervisor Silverstone explained that the Town had received this report and had requested the Administrator and Comptroller to answer along with any needed corrective answer. 0ouncilwoman Price read the statement and noted five areas of corrective action. 4 I I I September 23, 1992 7. Update - Westchester County Sewer Ordinance Mr. Altieri explained that the County had adopted at its September 14th meeting an amendment to its sewer ordinance which would compel all municipalities to make improvements to its sanitary sewer systems where inflow and infiltration of storm water has been a problem. He told the Board that all mm unities in our sewer district in 1987 went through a similar procedure and- found that the cost to the Town would be $2.6 million for improvements and upgrading. He went on that there was cooperation between County and communities and all signed of on consent agreements to do the work, which had a grant from the state and federal goverrnnent for 55% of the cost, this time there will be no funding. He said that the County had adopted a stiff penalty with no appeal, County hoped to begin within the next few months and be completed in 2 1/2 years. He said there were many questions and concerns that needed to be answered by the County. 8. Set Public Hearing - Erosion and Sediment Control • Supervisor Silverstone said that the last of the environmental laws worked on by the CZM since 1986 was now ready for review and adoption and called for a motion. On motion of Councilman Ryan, seconded by Councilwcman O'Flinn, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck hereby sets October 21, 1992 as the date for a public hearing on a proposed local law concerning erosion and sediment control; and BE IT FUG RESOLVED, that the Town Clerk be, and she hereby is authorized to publish in an official newspaper of the Town, the Notice of said Hearing as required by law. Solid Waste/Recycling Law RESOLVED that the Town Board of the Town of Mamaroneck hereby sets October 21, 1992 as the date for a public hearing on a proposed local law concerning solid waste/ recycling; and BE IT FURTHER RESOLVED, that the Town Clerk be, and she hereby is authorized to publish in an official newspaper of the Town, the Notice of said Hearing as.required by law. Item #13 was taken up out of order of the agenda 13. Change Regular Town Board Meeting Date - October The Supervisor asked that the first meeting in October be changed from October 7th, as that date falls in Yom Kippur. 5 I I I I September 23, 1992 I On motion of Councilwoman O,Flinn, seconded by Councilman Ryan, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck hereby changes its regular meeting date of October 7, 1992 to October 5, 1992. 9. Update - Early Beginnings Learning Center Paulette Gabriellini, Assistant to the Administrator reported on the progress on the school and announced that there would be a first anniversary celebration on September 26th from 12:00 to 5:00 pm. 10. Authorization - Lease Agreement - Town Center Mr. Altieri reported that space on the third floor had been broken into two spaces and that Lawrence Heat and Power Corp wished to lease the space for a telemarketing office, there is 800 square feet of space available. On motion of Councilman Ryan, seconded by Councilwoman Price, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the lease agreement between the Town and Lawrence Heat and Power Corp for 800 square feet of space on the third floor of the Town Office building at an annual rate of $3,900. 10. Authorization - Consolidation of Registration Districts Acting Town Clerk, Carol Acocella explained that in order for the registration of voters to be conducted in one central location, at a greatly reduced cost to taxpayers, the Board would have to adopt the resolution authorizing the consolidation. After discussion, on motion of Councilwoman O'Flinn, seconded by Councilwoman Price, it was unanimously RESOLVED, that the Town Board hereby approves and authorizes the Town Clerk to consolidate voter registration from 28 districts to three (3) districts: Village of Mamaroneck, Village of Larchmont and Town of Mamaroneck; and BE IT FURTHER RESOLVED, that registration of voters be conducted on Thursday, October 8, 1992 from 4:00 pm to 9:00 pm and Saturday, October 10, 1992 from 1:00 pen to 9:00 pm at the Town Center Court Roam, 740 W. Boston Post Road, Mamaroneck, New York. 6 i I September 23, 1992- 12. Salary Authorization - Highway Department Authorization was requested for the hiring of two positions in the Highway Department. On motion of Councilman Ryan, seconded by Councilwoman O,,Flinn, it was unanimously RESOLVED, that the Town Board hereby authorizes the hiring of Carmelo Pizzuti, as a laborer at a salary of $18,500 effective 9/28/92 and Henry Fanelli, as a mechanic at a salary of $28,828 effective 9/28/92 in the Highway Department. ORAL COMMUNICATIONS Mr. O'Gorman asked if the state comptrollers report was available to the public to which the Supervisor replied it was, and that the Administrators response would be available tomorrow. The Supervisor then wished Councilman Paul Ryan a very happy birthday. I TOWN CLERK REPORTS Building Department for the month of August and the yearly report for 1991. I I REPORTS OF THE COUNCIL Councilwoman O,Flinn reported tht the tree inventory had begun last week with 20 volunteers participating in not only the counting of but also the identifying of trees, and that a tree and pruning schedule would be set up. She also thanked all those who have volunteered in the program, also thanking Doris Stockman who had offered a gift of plants fram her garden, which had been planted at the pond at the train station. j AWOURE N1.' There being no other business to come before the Board, the meeting was adjourned into executive session to discuss personnel. The Board wanted to also make note of the death of C. Michael Rainaldi, a life long resident, friend and teacher, who had suddenly died last week. They offered their condolences to his family noting how much he would be missed by everyone and adjourning this meeting in his memory. Respectfully submitted, � Patricia A. DiCiocoio Town Clerk 7 I i MINUTES OF A EXECUTIVE AMID WORK SESSION HELD BY THE TOWN BOARD OF THE TOWN OF MMMNECK ON THE 23RD DAY OF SEPTEMBER 1992 IN THE COURT ROOM OF THE TOWN Cmm m, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK CONVENE REGULAR MEETING The Executive Session was called to order by Supervisor Silverstone at 7:00 pm in Conference Room A of the Town Center to discuss a personnel issue and litigation. Supervisor Caroline Silverstone Councilwoman Elaine Price Councilman Kathleen Tracy O,Flinn Councilman Paul A. Ryan Also present were: Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Counsel The Executive Session was adjourned at 7:15 pm at which time the work session was opened. Also present for this was Carol A. Acocella, Acting Town Clerk Gary Trachtman, Consultant Proposed Environmental Laws There was discussion amongst those present regarding the proposed local laws on erosion and sediment control. Councilwoman Price stated that the CZM had worked on these laws for the past few years and she felt it was a well constructed document. She said that the Village of Larchmont is very interested in passing this as quickly as possible, and that some parts of the proposed law are a basis for the supplemental statement on Bonnie Briar. Mr. Trachtman stated that the prime vehicle for sediment and erosion control with respect to site development has been up to now in the site plan approval law and freshwater wetlands procedures and by passing this law it becomes the primary channel for reviewing potential impacts associated with development. He explained that there are certain procedures that ae permitted without review, we seek to require those applications to submit detail plans for either surface water control and sediment control, thus the effect of excessive amounts of sediment washing into the Town can have an impact on the Long Island Sound. He went on saying that if certain precautions are not taken during construction, adverse impacts on neighboring properties occur, mainly as a result of poor drainage and this law seeks to fill the gap that has existed. The Supervisor asked if the law was controversial to any degree. Mr. Trachtman replied that although he was not unbiased, he didn't see how it could be considered controversial, but that anything with this i September 23, 1992 Work Session level of review, detail of plans that has to be submitted is rigorous on the applicant, overall the benefits of the program should outweigh those considerations State Comptrollers Report The Board discussed briefly the State Ccmptrollers Report, with the Supervisor reporting that the response from the Administrator was in rough form and would be available then next morning after retyping. Mr. Altieri stated that he did not think it necessary to send a response to the State Comptroller, to which Councilwoman Price stated that it should be as it would show that the Town is working on corrective actions where necessary. Councilman Ryan also agreed it should be sent so that it would take the pressure off for the next audit. Respectfully submitted, Patricia A. DiCioccio Town Clerk i I I 2 i i