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HomeMy WebLinkAbout2000_02_16 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON FEBRUARY 16, 2000 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilwoman Judith A. Myers Councilman Ernest C. Odierna ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney ABSENT: Councilwoman Nancy Seligson (on vacation) CONVENE WORK SESSION The Board convened into a Work Session at 6:00 PM in Conference Room A of the Town Center to discuss parking and traffic; and adjourned into an Executive Session at 7:45 PM to discuss personnel. On motion duly made and seconded the Board adjourned at 8:30 PM to the Court Room. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe, and on motion of Councilwoman Myers, seconded by Councilwoman Wittner, was unanimously opened at 8:35 PM. The Supervisor then pointed out the location of exits. BOARD OF POLICE COMMISSIONERS Supervisor O'Keeffe said once a month there will now be a meeting as a Board of Police Commissioners. She introduced Chief Rivera. 1. Report of Speed Monitoring Device Chief Rivera spoke on the speed monitoring devices, that prices were being gathered with the option to record the speeds of cars not just showing the speed. He said the cost should be approximately $11,000. The Supervisor asked if the units were mobile so they could be placed in different areas of the Town. The Chief replied the units could be placed on trailers and in reply to another question said the speeds could be monitored while being displayed also. He explained the County of Westchester, under the seat belt law, had grants available for$2,900 which could be applied towards this purchase. He said the program to step up enforcement and the set up of the device should take from 45 to sixty days, therefore it should be in place by Spring. Councilwoman Myers stated that traffic safety at Murray Avenue School was a continuing concern and requested monitoring around the school. The Chief said that a car is usually assigned there. Supervisor O'Keeffe and Councilman Odierna both said they were glad the device would be in use soon. February 16, 2000 2. Report on Selective Speed Enforcement Councilman Odierna asked if warnings or tickets were being issued at Hommocks. Chief Rivera said that at some point we have to start giving tickets and will. The Supervisor said if emergency vehicles can't get through because of illegally parked cars, the situation becomes one of health and safety, therefore if it takes giving tickets to accomplish, tickets should then be given. There was a further discussion of problems with cars and traffic safety around the schools. Supervisor O'Keeffe thanked the Chief for his comments and update. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 8:45 PM. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Judith A. Myers Commissioner: Ernest C. Odierna ABSENT: Commissioner: Nancy Seligson 1. Fire Claims: Commissioner Wittner presented fire claims for authorization of payment , thereafter on Commissioner Wittner motion, seconded by Commissioner Myers, it was, 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: A A A Emergency Supply Co. Inc. 303.85 AT&T Wireless Services $110.21 Cleaning Systems 273.30 Con Edison 2.00 Con Edison 1,307.14 Dri Chem Fire Extinguisher 80.00 Excelsior Garage & Machine Works 282.50 Fire Programs 590.00 Gall's Inc. 153.49 Home Fair 11.39 Lawrence Oil 180.46 Lesco Inc. 9.14 Lucent Technologies 50.15 N F PA 115.00 Rickert Lock & Safe 246.75 Pronto Printer 140.29 Tri-City Auto Parts 92.46 Westchester Elevator 170.00 TOTAL $4,118.13 2 February 16, 2000 A fire claim for Bell Atlantic in the amount of$455.61 was removed to be checked for additional information. Seligson - Absent Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Other Business FIRE REPORT FOR THE MONTH OF JANUARY 2000 The following report outlines responses to calls made during the month of January 2000. It summarizes the nature of calls, number of men responding and total time spent at fire calls. NATURE OF CALLS: GENERAL 27 MINOR 18 STILLS 05 OUT OF TOWN 02 MONTHLY DRILL 04 EMS 13 TOTAL 59 TOTAL NUMBER OF MEN RESPONDING = 453 TOTAL HOURS SPENT = 30 HOURS AND 47 MINUTES There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Myers, the Commission unanimously adjourned at 8:55 PM. PUBLIC HEARING - Parking Prohibition - 35 North Chatsworth Avenue On motion of Councilman Odierna, seconded by Councilwoman Wittner, the hearing was declared open. The following Public Hearing Notice was read into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on February 16, 2000, 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: The purpose of the Local Law is to "Prohibit Parking on North Chatsworth Avenue". The Administrator explained this prohibition was being recommended at the behest of the Planning Board and the Traffic Committee. The Supervisor asked if there was anyone present who wished to speak either in favor of or against the amendment to the law. There was no one. Councilwoman Wittner said the area in question is not affecting apartment dwellers so it will not be a hardship. 3 February 16, 2000 Councilwoman Myers said the change should be beneficial as cars being parked there would be blind to oncoming traffic. Councilman Odierna said he did not know the area well but it appeared people driving would bang into cars parked there. Supervisor O'Keeffe said the safety engineers define the problem as a sight line. This matter has been a long procedure, it appears this is the best way to egress and works well for everyone. Then on motion of Councilman Odierna, seconded by Councilwoman Wittner, the hearing was adjourned. On motion of Councilman Odierna, seconded by Councilwoman Wittner, the following local law was adopted: LOCAL LAW NO. 1 -2000 This Local Law shall be known as "Prohibited Parking on North Chatsworth Avenue". Section 1. Intent: To prohibit parking on the south side of North Chatsworth Avenue for a distance of thirty (30) feet east of the entrance to 35 North Chatsworth Avenue. Section 2. Signs to be Erected: Appropriate signs are to be erected on the south side of North Chatsworth Avenue at a point thirty (30) feet to the east of the entrance to 35 North Chatsworth Avenue. Section 3. Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law which may be implemented without the invalid or unconstitutional provision. Section 4. Effective Date: This Local Law shall take effect immediately. Seligson - Absent Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye PUBLIC HEARING - Establish Stop Intersection - Hickory Grove Drive at Rocky Road On motion of Councilman Odierna, seconded by Councilwoman Wittner, the hearing was declared open. The following Public Hearing Notice was read into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, February 16, 2000 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 the adoption of the following Local Law: 4 February 16, 2000 The purpose of the Local Law is to erect a "Stop Intersection - Hickory Grove Drive and Rocky Road". Mr. Altieri said there was some confusion on this road in terms of who has the right of way, therefore for safety reasons it seemed sensible to change the yield sign to a stop sign. Councilman Odierna said that he had spent twenty minutes watching traffic at the intersection and agreed it was extremely confusing, the yield sign was not handling the problem. He said its a minor road coming into a major road and every car he observed was on the wrong side of the yellow line. Supervisor O'Keeffe said she agreed and pointed out the change was being made by recommendation to the Board from the Traffic Committee. Ned Ryan said ten years ago when he had been on the committee the recommendation had been made to place a stop sign at the location and agreed it's still appropriate. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was declared closed, then on the same motion and second the following local law was adopted: LOCAL LAW NO. 2 - 2000 This Local Law shall be known as "Stop Intersection - Hickory Grove Drive and Rocky Road. Section I - Purpose: To regulate the traffic on Hickory Grove Drive by placing a stop sign on Hickory Grove Drive where it intersects with Rocky Road. Section 2 - Regulation of Traffic on Hickory Grove Drive: Vehicles shall be required to come to a full stop on Hickory Grove Drive where it intersects with Rocky Road. Section 3 - Sign to be Erected: Appropriate sign shall be erected at the corner of Hickory Grove Drive where it intersects with Rocky Road. Section 4 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of the Local Law which may be implemented without the invalid or unconstitutional provisions. Section 5 - Effective Date: This Local Law shall take effect immediately. Seligson - Absent Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye AFFAIRS OF THE TOWN 5 February 16, 2000 1. Authorization - Intermunicipal Agreement - East Creek Restoration This item was held over. 2. Authorization - Renewal of Retainer Agreement - Labor Counsel The Administrator said Rains & Pogrebin serve as the Town's special counsel for personnel and labor matters, for instance, they serve to advise the Town during collective bargaining and also appear on behalf of the Town for grievances and other labor related hearings. The proposed renewal retainer agreement covers the years 2000 and 2001. Under the terms of the retainer, the Town will continue to pay a flat fee of$5,000.00 for advice and consultation to the Town. This fee has been in effect for six years, should it be necessary for the firm to conduct other legal representation on behalf of the Town the hourly rate will range from $215.00 per hour to $200.00 an hour and $150.00 per hour for an associate's time. He recommended that the Town Board renew the retainer agreement with Rains & Pogrebin and authorize the Town Administrator to execute the agreement. Councilman Odierna asked how often the firm was actually used. The Administrator said it depended on circumstances, last year was heavy and if we are revising things such as grievance policies it becomes more intense, but the average is 75 to 200 hours per year with a cap of$5,000. On motion of Councilman Odierna, seconded by Councilwoman Myers, it was unanimously, RESOLVED, that the Town Board does hereby approve the agreement between the Town and Raines & Pogrebin as amended; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. Seligson - Absent Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3. Authorization - Design Services Agreement - Myrtle Park Mr. Altieri said during the preparation of the 2000 Budget, the Town Board discussed the proposed capital project to renovate and restore the playground at Memorial Park. The park, which was originally constructed in 1984, is in need of new playground equipment and playground surface that is compliant with new State and Federal regulations. In addition, the playground will be made accessible to the handicapped. The estimated cost for the first phase of this project is $54,000.00. The first step in the project is to authorize the design of the new playground. It is recommended to the Town Board that Ward Associates be awarded the design contract for this project. Their fee for design services, preparation of plans and specifications, and weekly inspection during the construction phase is $5,000.00. Subject to the approval as to form of agreement by the Town Attorney, authorization is requested to execute an agreement with Ward Associates. Councilwoman Wittner asked what would be done during the first phase. The Administrator replied they would replace the play surface, playground equipment, replace sandboxes, and do pathway redesign. 6 February 16, 2000 Councilwoman Wittner asked if the authorization was for the entire project or just the first phase. Mr. Altieri said the funding is for the first phase and in reply to another question said the final design would be approved by the Recreation Commission. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was, RESOLVED, that the Town Board does hereby approve the agreement between the Town and Ward Associates for the design contract to renovate and restore the playground at Memorial Park; and BE IT FURTHER RESOLVED, that the cost for the first phase of this project is $54,000; and NOW THEREFORE, BE IT FURTHER RESOLVED that the Town Board authorizes the Town Administrator to execute above-said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Absent Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Resolution - Increase Fire Hydrant Rental Rates The Westchester Joint Water Works (WJWW) is requesting an increase in hydrant rental fees paid by the participating communities in the WJWW. Water transmission systems have two major purposes. First is the delivery of domestic water for residential and commercial use. The second purpose is to provide fire protection. Water systems that serve the needs of fire protection require larger water mains to supply water in sufficient quantity and pressure. In addition, the system must be fitted with fire hydrants. In the unincorporated area of the Town there are 341 public fire hydrants maintained by the WJWW. To account for the fact that fire protection is an added component of the domestic water system, a hydrant rental fee is charged by the WJWW. The fee accounts for the associated expenses to operate and maintain the fire hydrants, and the additional costs for maintaining the larger water pipes necessary to the supply water to the fire protection system. According to the WJWW, operating expenses for the water system have increased and therefore a request has been submitted to increase the hydrant rental rate. Hydrant rental fees are not unique to the WJWW. Typically, all water companies both public and private levy a hydrant fee. Currently, the Town pays $180 per year per hydrant or$61,380 in total. The request is to increase the rate to $220 per year over two years thus increasing our hydrant rental expense by $13,640 to $75,020. In 2001, the rate would increase to $200 per hydrant and in 2002, $220 per hydrant. By increasing the rate over two years, the budget impact in the first year is $6,820. The Administrator explained the above was a communication from Westchester Joint Water Works and he recommended its adoption. Councilwoman Myers asked if this increase had been included in the year 2000 budget. The Administrator replied it had been. The Supervisor noted this would also apply to the Village of Mamaroneck and Harrison. 7 February 16, 2000 On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED: that the Town of Mamaroneck authorizes the Westchester Joint Water Works to increase public hydrant charges from the current rate of$180 per hydrant per annum to $200 per hydrant per annum effective January 1, 2001 and to $220 per hydrant per annum effective January 1, 2002. The above resolution was put to a roll call vote: Seligson - Absent Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 5. Resolution - Establish Capital Project - Myrtle Boulevard Improvements The Town Administrator requested authorization to have the Town Comptroller establish two capital project accounts for special projects. Specifically, they are for Myrtle Boulevard, one for improvements, the other for restoration work. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize the Comptroller to establish capital project accounts as follows: Capital Project Number 20-2 - Myrtle Boulevard Improvements (Highway Fund Account# H-5197-4-5110-5011) Capital Project Number 20-3 - Myrtle Park Restoration (General Fund Part Town Account# H-7197-4-7140-5002 The above resolution was put to a roll call vote: Seligson - Absent Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 6. Set Public Hearing - Local Law Regarding the Review of Local Impact Caused by Major Development Projects The Town Attorney explained the purpose of the Local Law is the Review of Local Impacts Caused by Major Development Projects in Areas that Abut, Adjoin or are Adjacent to the Town of Mamaroneck, Amending the Code of the Town of Mamaroneck. The Supervisor then read the title and purpose of the law stating that a permit would be required by a developer if over ten acres or more were to be developed or if it involved the parking of more than 1000 cars adjacent to or within a certain distance from the border of the Town. RESOLVED, that the Town Board does hereby set the date for Public Hearing to discuss the adoption of the Local Law 8 February 16, 2000 Regarding the Review of Local Impact Caused by Major Development Projects to be held on March 1, 2000 at 8:15 PM; and BE IT FURTHER, RESOLVED, that the Town Clerk be and hereby is authorized to publish the legal notice of Public Hearings in an official newspaper of the Town. The above resolution was put to a roll call vote: Seligson - Absent Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye The following item was added to the agenda at the meeting: Set Public Hearing date to restrict parking in the Commuter lot to Town Residents only. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby set the date for Public Hearing to discuss changes to the requirements for parking in Lot No. 1 for March 1, 2000; and BE IT FURTHER, RESOLVED, that the Town Clerk be and hereby is authorized to publish the legal notice of Public Hearings in an official newspaper of the Town. The above resolution was put to a roll call vote: Seligson - Absent Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 7. Salary Authorizations -Administrator/Supervisor's Office - Recreation Administrator/Supervisor's Office On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby authorize the payment of salary to Jamie Fair as a part-time receptionist/clerk at the front desk in the Supervisor/Administrator's office at an hourly rate of$10 effective 2/1/00. The above resolution was put to a roll call vote: 9 February 16, 2000 Seligson - Absent Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Recreation On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was, RESOLVED, that as provided for in the 2000 Town Budget that the Town Board does hereby authorize the payment of salary to the following: Ernest Ricketts, Alternate Skate Guard, Hommocks Park Ice Rink, $6.50/hour, effective retroactive to 1/29/00. The above resolution was put to a roll call vote: Seligson - Absent Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye APPROVAL OF MINUTES On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was unanimously, RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of December 15, 1999 as amended. On motion of Councilman Odierna, seconded by Councilwoman Myers, it was unanimously, RESOLVED, that the Town Board does hereby approve the Board minutes from the special meeting of Jamuary 20, 2000 as amended. ORAL COMMUNICATIONS Bill O'Gorman congratulated the Board on the outcome of the Bonnie Briar appeal and asked what the next step would be. The Supervisor said that if the developer files a writ of certiorari to the Supreme Court, and if it is granted, then they would be heard, but there is only ten days left so we should know by the end of the month. REPORTS OF COUNCIL 10 February 16, 2000 Councilwoman Wittner said she attended a Fire Council meeting on February 7t" and was impressed by the discussion on the interaction between VAC and how the emergency calls are handled. Councilwoman Myers said she had attended the Recreation Commission meeting for Councilman Odierna, they had discussed changes to the fees, which will be given to the Town Board for discussion and approval. Then field usage was discussed and how to keep them in good and usable condition. Councilman Odierna said there would be another meeting of the Web Committee soon and he would be attending the Association of Towns meeting next week. SUPERVISOR REPORTS Supervisor O'Keeffe announced the Town would be receiving a grant of$210,000 under the Clean Water Act. She thanked Councilwoman Wittner who had written the grant application. She said Governor Pataki would be visiting the Town to present the check. Councilwoman Wittner said the grant will remove invasive species and restore the indigenous species to the Pryer Manor Marsh. ADJOURNMENT The Supervisor said that the next scheduled meetings would be March 1 and March 15. On motion duly made and seconded the meeting was adjourned at 10:15 PM . Submitted by Patricia A. DiCioccio, Town Clerk 11C L E RKS E RV E R1SERVER1Docu mentslM i n utes12000m i nf102-16-00x.doc 11