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HomeMy WebLinkAbout2001_03_21 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 MARCH 21, 2001 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 Councilwoman Nancy Seligson ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Town Attorney Ronald Carpento, Building Inspector Carol A. Acocella, Deputy Town Clerk CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:30 PM, who then pointed out the location of exits. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 8.35 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 Commissioner: Nancy Seligson 1. Fire Claims: Commissioner Odierna presented fire claims for authorization of payment , thereafter on Commissioner Odierna's motion, seconded by Commissioner Wittner, 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: AAA Emergency Supply Co., Inc. 65.00 AAA Emergency Supply Co., Inc. 125.00 Avaya 30.45 Cleaning Systems 148.74 Community Fire Equipment 352.50 Con Ed 2.00 Con Ed 2.00 Con Ed 1,255.29 Coyne 30.17 Excelsior Garage & Machine Works 1,865.74 Gall's 668.72 IOS Capital 169.74 March 21, 2001 Librett 329.15 Metro Com North 294.50 Michael A. Acocella 179.54 Michael A. Acocella 200.00 Poland Spring 89.46 R. Brown 188.30 R & F Trophies 38.25 Rickert Lock & Safe Co 12.10 Sound Shore Contracting Inc. 150.00 Sound Shore Contracting Inc. 120.00 Tri-City Auto Parts 356.97 US Online Network 124.66 Vincent Garage 120.00 Verizon Wireless 18.30 Westchester Elevator 170.00 Westchester Landscape Depot 11.00 Wonder Dry Cleaners 10.00 TOTAL 7,127.58 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Fire Report for February Commissioner Odierna read the following report as submitted by Chief Michael Liverzani, which outlines responses to calls made during the month of February 2001. It summarizes the nature and origin of calls, the number of personnel responding and the total times spent at fire calls. NATURE OF CALLS: GENERAL 20 MINOR 10 STILLS 00 OUT OF TOWN 00 MONTHLY DRILL 01 EMS 13 TOTAL 44 TOTAL NUMBER OF MEN RESPONDING: 352 TOTAL HOURS RESPONDING: 11 HOURS AND 06 MINUTES There being no further business to come before the Commission, on motion of Commissioner Odierna, seconded by Commissioner Seligson, the Commission unanimously adjourned at 8:40 PM. AFFAIRS OF THE TOWN 1. Continuation of Appeal of Tree Permit - 5 Country Lane 2 March 21, 2001 Supervisor O'Keeffe asked the applicant Elliott Russo to come forward. He stated new plans have been submitted for the removal of trees; they will now only remove 13 trees instead of 14, and 15 will be replaced, leaving tree #4, which will not be removed. Discussion followed about the property , its position on a rock ledge and the impacts. There were questions regarding what happens if the trees die. Mr. Carpaneto explained the bonding would allow for replacement. They were bonded for$250.00 per tree the first year, then the amount is reduced by 90% after 1 year. Supervisor O'Keeffe explained that this would mean if the trees do not survive then the applicant does not get his money back. Mrs. Friedman, 6 Country Lane voiced concern about tree #4 which is a big tree as is the root system surrounding it. She was afraid construction equipment might ruin the roots of the tree. The Supervisor asked Mr. Russo to make sure everything possible be done to protect the tree and suggested fencing be put around it to further ensure its survival. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby accept the amendment to the tree permit plan for 5 Country Lane, which outlines the removal of 13 trees and the installation of 15 new trees. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye At this time Supervisor O'Keeffe introduced William Maker, Jr., our new Town Attorney who is with the law firm of McMillan and Constabile. He has served as the Attorney for the Town/Village of Harrison and is an expert on land use issues. 2. Authorization -Appraisal Services The Administrator said this item was to authorize the completion of the tax appraisal on the Hampshire Country Club by Brian Kenney Appraisals in the amount of$3500. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does give authorization to hire Brian Kenney Appraisals to prepare for a "trial-ready" appraisal for a final tax certiorari appraisal for the Hampshire Country Club at a cost to the Town of$3,500. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3. Authorization - Report of Bids Contract TA-01-1 Myrtle Blvd. 3 March 21, 2001 Administrator explained that bids opened publicly on March 9 and recommended that Peter Landi, Inc, as the lowest responsible bidder, be awarded the contract. Discussion followed about lights, the divider island, trash receptacles, and curbing. Supervisor O'Keeffe noted the Board was always concerned about the safety of the intersection at Murray, Myrtle and No. Chatsworth Avenues and the renovation will add to the value of the apartments in the neighborhood as well as to the quality of life. Councilwoman Myers said with the new benches, trash receptacles, and trees it should definitely be more beautiful in the area. Further discussion followed about the parcel of property by the New York Sports Club and the fact that a real estate developer would like to build an apartment house or assisted living complex. Mr. Altieri stated that the land was on Madison, Maxwell and Byron Place, and is currently zoned BMUB allowing for residential and commercial development. Recreational use had been dropped since the plan was not feasible. He added the developer is planning to hold a series of informational meetings with neighbors. Councilwoman Myers said the developer has stated that existing businesses in the area would remain intact. Councilman Odierna commented the Town is not doing this development, since this was private property being bought and developed by a private enterprise, there was little beyond oversight that the Town could do. On motion of Councilwoman Myers, seconded by Councilman Odierna it was RESOLVED, that the Town Board does hereby approve the agreement between the Town and Peter Landi, Inc. to construct 27,000 square feet of new sidewalk and 4,100 linear feet of new concrete curb on Myrtle Boulevard and to install lights on Washington Square at a total cost of$606,294; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Authorization - Construction Management Contract - Myrtle Blvd. Mr. Altieri explained that a construction manager would be brought in on a part time basis to oversee the beautification project in the Myrtle boulevard area . He was recommending JWE Engineering of Armonk, New York for$24,960.00. He went on to explain the function of the manager would be to manage the contractors work, prepare the paperwork and various other duties as needed, including bi-weekly construction meetings with Town staff. He said that based on the proposals and the bids the contract should go to JWE Engineering. Councilwoman Wittner asked if the engineers would also ensure compliance with erosion and sediment control. The administrator replied that staff would not be divorced from the project totally and would have some oversight. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the agreement between the Town and JWE Engineering to act as 4 March 21, 2001 construction managers for the Myrtle Boulevard Improvements project at a cost total cost of$24,960; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 5. Authorization - Transfer of Funds - Crimestopper Program THIS ITEM WAS HELD OVER. 6. Authorization -Warrant Tax Authorization Town of Mamaroneck Mr. Altieri explained authorization by the Town Board was necessary to allow for the collection of annual Town, County and Judicial taxes. Councilwoman Myers asked if we keep the interests on payments of taxes received for the County. Mr. Altieri answered we do. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following was adopted: THE PEOPLE OF THE STATE OF NEW YORK To Carmine A. DeLuca, Receiver of Taxes of the Town of Mamaroneck in said County: You are hereby commanded pursuant to the provision of the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 21, 2001, by authority of Chapter 313 of Laws of 1934, to receive and collect from the several persons named in the Assessment Roll hereunto annexed by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, for the neglect to pay the Judicial, County, Town and Town District Taxes, charges for services, exemptions removed, and water arrears after the levy thereof as follows: Judicial and County Taxes $23,980,239.00 Town and Town District Taxes - 13,003,525.00 Charges for Services -0- Exemptions removed -0- Water Arrears 2,792.03 $36,986,556.03 And you are hereby directed to deposit to the credit of the Town of Mamaroneck in the Bank of New York, County Trust Region, all of such monies so collected by you by virtue of this warrant. And you are further commanded to make and file with the undersigned, the Supervisor of the Town of Mamaroneck, as required by the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended. 5 March 21, 2001 And in case any person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties (after giving the notices and waiting the time as specified in said Act) you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, and for so doing this shall be your sufficient warrant. Given under my hand and seal at the Town of Mamaroneck, Westchester County, New York, on the 21st day of March 2001. 7. Resolution - Extension of Sales Tax Legislation Mr. Altieri explained that a resolution was needed to support the extension of the sales tax bill during 2001. The additional 1% sales tax has helped in the Town of Mamaroneck to stabilize property taxes. Supervisor O'Keeffe read the proposed resolution and on motion of Councilwoman Wittner, seconded by Councilwoman Myers the following was adopted. WHEREAS, cities, towns and villages in Westchester County are severely restricted in their revenue base, with real property tax as their main source of revenue constantly rising and putting a disproportionate burden on the property owner, and; WHEREAS, the County Executive and the Board of Legislators advocated and approved the distribution of sales tax revenue to the cities, towns, villages and school districts, in accordance with Chapter 272 of the Laws of 1991, and; NOW THEREFORE, BE IT RESOLVED, that Town of Mamaroneck hereby requests our State representatives to support a two-year extension on Article 29, Section 1262-b of the tax law. Entitled 1991 property Tax Relief Act, which said law presently has a sunset provision of May 31, 2002 BE IT FURTHER RESOLVED, that by copy of this resolution we urge our representatives to support the extension of the 1991 Property Tax Stabilization and Relief Act until such time as New York State Aid to Local Governments is restored. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 8. Authorization - Establish Various Capital Projects Mr. Altieri stated that authorization was requested to establish a fund for four capital projects, and in addition they would have to approve a transfer of funds. 6 March 21, 2001 On motion of Councilwoman Myers, seconded by Councilwoman Wittner, RESOLVED, that the Town Board does hereby authorize the establishment of Capital Projects as follows: PROJECT DESCRIPTION OPER. FUND ACCOUNT# 21-1 Pryer Manor Marsh Part Town H-8997 4 8090-5005 21-2 Reconstruction V.A.C. Bldg. General Town H-4197 4 4191-5001 21-3 Reconstruction Town Garage Highway Dept. H-5197 4 5110-5013 21-4 Purchase of Equipment(Dump Highway Dept. H-5197 4 5130-5010 Truck; Bucket Truck; Backhoe) and, BE IT FURTHER, RESOLVED, that the Town Board does hereby authorize the transfer of funds as outlined below: FROM TO PROJECT# DESCRIPTION General Fund Capital 97-02 Purchase of Vehicle -General Town (Pick-up Truck) ($30,000.00) General Fund Capital 97-02 Purchase of Vehicles - Part Town (3 Police cars &equipment) ($85,000.00) General Fund Capital 98-01 Memorial Park Renovation -General Town ($17,029.10) Trust Fund Capital 98-01 Memorial Park Renovation -T-37 ($18,118.20) Highway Fund Capital 99-01 Purchase & Installation of Fuel Tanks ($22,740.08) The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 9. Set Public Hearing - Financing of Refuse Collection Truck Mr. Altieri recommended the replacement of a 25 yard refuse collection truck for the Town Garbage District and in order to do so a public hearing would have to be scheduled, and bonding papers would then be prepared by our bonding counsel. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby set the date for public hearing on purchase of a new Refuse Collection Truck for Wednesday, April 4, 2001 at 8:15 PM; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. 7 March 21, 2001 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 10. Salary Authorization - Recreation On motion of Councilwoman Myers, seconded by Councilwoman Seligson, it was RESOLVED, that as provided for in the 2001 Town Budget that the Town Board does hereby authorize the payment of salary to the following: Lester Wauchope, Tennis Court Attendant, $11.00/hour effective 3/26/01 Memorial Park Raymond Varian Tennis Court Attendant, $9.25/hour effective 3/26/01 Memorial Park John Henry Archer Lifeguard, Hommocks $7.25/hour retroactive 3/12/01 Pool The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye APPROVAL OF MINUTES On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meetings of November 15, 2000 and December 20, 2000 as amended. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye WRITTEN COMMUNICATIONS Supervisor O'Keeffe read a proclamation from County Legislator George Latimer congratulating Jon Dorf for five years of service as Town Justice in the Town of Mamaroneck and proclaiming March 30, 2001 Jon Dorf Day. WESTCHESTER COUNTY BOARD OF LEGISLATORS PROCLAMATION 8 March 21, 2001 WHEREAS, throughout its history, Westchester County has been fortunate to have men and women who give of their time and talent for the betterment of the community, and WHEREAS, one such special person, Jon A. Dorf, is being recognized for his five years of service as the Town of Mamaroneck Prosecutor, serving the government and the citizens of our Town; and WHEREAS, Jon Dorf has been very involved in the legal community of the Sound Shore and has earned the respect from his colleagues and peers in the community. His professional demeanor and effectiveness is above reproach; and WHEREAS, Jon Dorf believes in honoring community commitment including service on the Board of Directors of the Westchester County Chamber of Commerce; and WHEREAS, accomplishments such as those of Jon A. Dorf should be properly recognized and acclaimed. NOW THEREFORE, BE IT RESOLVED, that the members of the Westchester County Board of Legislators join with Chairman George Latimer in paying tribute to Jon Dorf and thank him for all he has done for the community throughout the years; and BE IT FURTHER RESOLVED, that March 30, 2001 be proclaimed "Jon A. Dorf Day"in Westchester County, and BE IT FURTHER RESOLVED, that the test of this proclamation be carried throughout the County of Westchester for all people of goodwill to forever know. REPORTS OF THE COUNCIL Councilman Odierna reported that he and Kenny Paterno met to discuss repaving the Memorial Park Area and that bids would be opened on May 1st. The Web committee met and are making progress. The Election Reform Committee will be meeting on March 28th at 8:30 AM. Councilwoman Wittner reported that she was very pleased to announce a loyal watcher and listener Jack O'Keeffe, had called to let her know that a white pine is a native pine tree. Councilwoman Myers announced that the Youth Council met Saturday with Southeast Consortium and that they are accepting applications for Youth Council. She also stated she was very proud to be part of the bus trip to Albany on behalf of the City of New Rochelle and be united with other Municipalities. Councilwoman Wittner announced that she was pleased to announce that we hired a new environmental coordinator Elizabeth Paul, who was very qualified. Councilwoman Seligson announced that last week she went to Washington, DC regarding the Clean Water Act and discussed the Long Island Sound Restoration Act. She has been making this trip for the past 8 years. She said that the trip to Albany was very inspiring. She also attended a scoping session for the environmental impact statement mosquito control by the County. There were very few people in attendance and the County stated that aerial spraying would be a last resort. 9 March 21, 2001 SUPERVISOR REPORTS Supervisor O'Keeffe reported that she and Board members went to Murray Avenue School to participate in the Dare Program along with Tom Houhilan and that it was the best ever. She also reported that she went to Albany and that they saw all of our elected officials who were in discussion regarding the State Budget. Hopefully New Rochelle will get a fair share of State Aid. TOWN CLERK REPORTS The Town Clerk reported the waiting list for parking had over 90 people on it. Her staff had issued nearly double the number of marriage licenses issued in a year, during a six week period, mainly because of a change in the immigration law. The next Election Reform Meeting would be 8:45 AM at the Town Center. Mr. Altieri reminded residents that garbage cans should not be set out before 7:00 AM, the code enforcement officer will be out and violations will be issued. Anyone needing information could contact his office for a Brochure. April is clean up month, but that refuse cannot be set out over weekend. Supervisor O'Keeffe closed the meeting with sympathy to Michael Orchanian a Town employee whose grandmother passed away and in memory of George Straub who also passed away. ADJOURNMENT On motion of Councilwoman Myers, seconded by Councilwoman Seligson the meeting was adjourned at 10:35 PM. Submitted by Patricia A. DiCioccio, Town Clerk 10 March 21, 2001 \\CLERKSERVER\SERVER\Documents\Minutes\2001 minfl03-21-01 x.doc 11