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HomeMy WebLinkAbout2001_05_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 MAY 16, 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 William Maker, Town Attorney Carol A. Acocella, Deputy Town Clerk Michael Liverzani, Fire Chief Absent: Stephen V. Altieri, Town Administrator 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. She then stated that Mr. Altieri was not in attendance tonight because he had received a prestigious appointment to PERMA which handles our worker's compensation and tonight was his first meeting and she offered her congratulations to Steve. PUBLIC HEARINGS - Establish Stop Sign At Intersection - Ellsworth Road/Hickory Grove Drive The Notice of Public Hearing 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, May 16, 2001 at 8:15 PM or as soon as possible thereafter in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a local law entitled "Stop Sign at Intersection - Ellsworth Road and Hickory Grove Drive." On motion of Councilwoman Wittner seconded by Councilwoman Myers the hearing was declared open. Mr. Maker explained the law and then the Supervisor asked Richard Mari, member of the Traffic Committee if he wished to comment. Mr. Mari replied that the Traffic Committee had voted on this and was making the recommendation. Councilwoman Myers, liaison, stated that the law was clearly defined by changing a yield sign to a full stop sign. Councilman Odierna noted a stop sign was more enforceable then a yield sign. There being no further comment, on motion of Councilwoman Wittner, seconded by Councilman Odierna, the hearing was declared closed. RESOLVED, that the Town Board of the Town of Mamaroneck does hereby find this action as a negative May 16, 2001 declaration; and BE IT FURTHER RESOLVED, the Town Board declares itself to be lead agency in this matter. On motion of Councilman Odierna, seconded by Councilwoman Myers, the following local law was adopted: Local Law 4 -2001 This local law shall be known as the "Stop Sign at Intersection of Ellsworth Road and Hickory Grove Drive" Law. Section 1 - Purpose: The purpose of this local law is to regulate the traffic at the intersection of Ellsworth Road and Hickory Grove Drive. Section 2 - Regulation of Traffic on Ellsworth Road: Vehicles traveling southbound on Ellsworth Road shall be required to come to a full stop on Ellsworth Road at the point where Ellsworth Road intersects Hickory Grove Drive. Section 3 - Sign(s) to be Erected: An appropriate sign or signs shall be erected on Ellsworth Road facing the southbound lane or lanes of traffic thereon. Such signs shall be erected at the corner formed by the west side of Ellsworth Road and the north side of Hickory Grove Drive. The existing Yield sign or signs shall be removed. 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 this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye PUBLIC HEARING - ESTABLISH TWO HOUR PARKING ZONE - CABOT ROAD The Notice of Public Hearing 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, May 16, 2001 at 8:15 PM or as soon as possible thereafter in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of a Local Law entitled "Provide for a Two 2 May 16, 2001 Hour Parking Limit on the East Side of Cabot Road Monday through Friday 8:00 AM to 5:00 PM". On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the hearing was opened. Supervisor O'Keeffe explained the reason for proposed change to the parking ordinance was being done at the behest of the residents of Cabot Road, who had petitioned for 2 hour parking on the east side of Cabot Road. This was being done due to the fact that commuters were parking on Cabot all day. There being no further comment, on motion of Councilwoman Wittner, seconded by Councilman Odierna, the hearing was declared closed and the following was adopted: RESOLVED, that the Town Board of the Town of Mamaroneck does hereby find this action as a negative declaration; and BE IT FURTHER RESOLVED, the Town Board declares itself to be lead agency in this matter. The above was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion by Councilwoman Wittner, seconded by Councilwoman Myers, the following local law was adopted. LOCAL LAW NO. 5 -2001 This local law shall be known as the "Limited Parking on the East Side of Cabot Road" law. Section 1 - Purpose: The purpose of this local law is to regulate parking on the east side of Cabot Road. Section 2 - Hours of Parking: No vehicles shall be parked on the east side of Cabot Road between the hours of 8:00 AM and 5:00 PM (Prevailing Time) on Monday, Tuesday, Wednesday, Thursday and Friday of each week for more than two (2) consecutive hours. Section 3 - Sign(s) to be Erected: An appropriate sign or signs shall be erected on the east side of Cabot 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 this Local Law, which may be implemented without the invalid or unconstitutional provision. Section 5 - Effective Date: 3 May 16, 2001 This Local Law shall become effective upon filing with the Secretary of State. The above was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 8:40 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 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 $ 905.10 AAA Emergency 26.00 Atlantic Westchester 85.00 Avaya 30.45 Con Edison 480.96 Motorola 36.00 Sound Shore Chief's Association 100.00 New Rochelle Restaurant Supply 530.15 Technical Electronics, Inc. 152.99 Town of Mamaroneck Firefighters 188.64 Tri City 49.50 United Water New Rochelle 403.85 U S Online Network 124.66 Verizon Wireless 12.33 VFIS 225.00 Westchester Elevator 170.00 TOTAL 3,520.63 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Acceptance of Resignation of Fire Chief 4 May 16, 2001 Commissioner O'Keeffe invited Fire Chief Liverzani to explain why he was resigning as of May 28, 2001. Chief Liverzani said he had been offered and had accepted the position of Ambulance District Coordinator for the Town, which meant he would be no longer able to serve as Fire Chief. His new appointment was to take effect May 31, 2001. Then in reply to a question on how his successor would be chosen, he explained that the 1St Deputy Chief would assume the role of acting Chief until the next Fire Department election, which would be held the second Wednesday of June. At that time, the Department would elect someone to fill his unexpired term. Everyone congratulated him. 3. Authorization - Physical Examination Agreement Fire Chief Liverzani explained that OSHA requires that all interior firefighters have complete physical exams, which had been done at Sound Shore Medical Center, but they have since closed their occupational medical unit and the Fire Department had to find another company. They had located a service called Inter-State Diagnostics, who will come to the Fire Department to provide physicals for the firefighters. Further discussion followed regarding exams, which would more than meet requirements, and how results of examinations would be handled, if personal physicians can perform exams and who keeps medical records. Commissioner Myers applauded the Fire Chief for his research and Commissioner Seligson stated that we were lucky that he was so resourceful. The Chief stated that he had help from members of his Department as well as from his Deputy Chiefs. 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 Inter-State Diagnostics to provide physical examinations to our firefighters on site at the Weaver Street Firehouse; 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 Commissioner Wittner thank the Chief for his fine report. Commissioner Odierna read the following report which outlines responses to calls made during the month of May, 2001. It summarizes the nature and origin of calls, the number of personal responding and the total times spent at fire calls, submitted by Michael Liverzani, Chief. NATURE OF CALLS: 5 May 16, 2001 GENERAL 22 MINOR 12 STILLS 00 OUT OF TOWN 00 MONTHLY DRILL 01 EMS 08 TOTAL 43 TOTAL NUMBER OF FIREFIGHTERS RESPONDING: 415 TOTAL HOURS RESPONDING: 14 HOURS AND 58 MINUTES There being no further business to come before the Commission, on motion of Commissioner Wittner ,, seconded by Commissioner Seligson, the Commission unanimously adjourned at 9:00 PM. AFFAIRS OF THE TOWN 1. Approval of Certiorari On motion by Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby authorize the settlement of the following certiorari as recommended by the Town Attorney, William Maker: The Moorings Condominium 149 Fenimore Road Block: 914 Lots: 215 -224 Town of Mamaroneck/Village of Mamaroneck Year Assessment Reduced To Amount of Reduction 1998 $ 72,100.00 $ 59,000.00 $ 13,100.00 1999 72,100.00 52,000.00 20,100.00 2000 72,100.00 46,500.00 25,600.00 The Town will refund approximately $270.00 for each of the years in questions, for a total of about $810.00. Using the 2000/01 tax rate of$398.90 per$1,000 of assessed value, it is estimated that the School District will refund $23,000. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Authorization - Resolution - Designation of Polling Places The Town Clerk explained this was a resolution designating polling places for the upcoming Primary and General Elections. Supervisor O'Keeffe asked if they were all handicapped accessible. The Clerk answered that three were not, and a waiver of accessibility had been granted for them. She said should there be anyone who so wishes because of being handicapped, they can have their polling place changed to an accessible site by calling her office. 6 May 16, 2001 On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the following locations as Polling Place for use during the Primary and General Elections to be held in the Town of Mamaroneck. DISTRICT#1 VM DISTRICT#15 T MAMARONECK AVE. SCHOOL STS. JOHN & PAUL AUDITORIUM GERTRUDE AVENUE 280 WEAVER STREET DISTRICT#2 VM DISTRICT#16 T VOLUNTEERS FIREHOUSE CENTRAL SCHOOL MAMARONECK AVENUE PALMER AVENUE DISTRICT#3 VM DISTRICT#17 VM MAMARO FIREHOUSE TOWN CENTER, COURT ROOM, 2ND FL PALMER AVENUE 740 W. BOSTON POST ROAD DISTRICT#4 VM DISTRICT#18 T TOWN CENTER, COURT ROOM, 2ND FL WEAVER STREET FIREHOUSE 740. W. BOSTON POST ROAD 205 WEAVER STREET DISTRICT#5 VM DISTRICT#19 T RESCUE SQUAD BLDG. WEAVER STREET FIREHOUSE 200 NO. BARRY AVE. 205 WEAVER STREET DISTRICT#6 VL DISTRICT#20 T CHATSWORTH AVE. SCHOOL STS. JOHN & PAUL SCHOOL FOREST PARK AVE. ENTRANCE AUDITORIUM 280 WEAVER STREET DISTRICT#7 VL DISTRICT#21 T CHATSWORTH AVE. SCHOOL MURRAY AVENUE SCHOOL FOREST PARK AVE. ENTRANCE DAYMON TERRACE ENTRANCE DISTRICT#8 VL DISTRICT#22 VM LARCHMONT VILLAGE CENTER SARAH NEUMAN HOME LARCHMONT AVENUE 845 PALMER AVENUE DISTRICT#9 VL DISTRICT#23 VM CHATSWORTH AVE. SCHOOL TOWN CENTER , COURT ROOM 2ND FL FOREST PARK AVE. ENTRANCE 740 W. BOSTON POST ROAD DISTRICT#10 VL DISTRICT#24 T ST. JOHN'S EPISCOPAL CHURCH MAMARONECK AVENUE SCHOOL GROVE AVENUE GERTRUDE AVENUE ENTRANCE DISTRICT#11 T DISTRICT#25 T CHATSWORTH GARDENS APTS. LARCHMONT VILLAGE CENTER 14 NO. CHATSWORTH AVE. LARCHMONT AVENUE DISTRICT#12 T DISTRICT#26 VL MURRAY AVENUE SCHOOL LARCHMONT AVENUE CHURCH DAYMON TERRACE ENTRANCE FOREST PARK AVENUE DISTRICT#13 T DISTRICT#27 VM MURRAY AVENUE SCHOOL RESCUE SQUAD BLDG. DAYMON TERRACE ENTRANCE 200 NO. BARRY AVENUE DISTRICT#14 T DISTRICT#28 T CENTRAL SCHOOL VOLUNTEERS FIREHOUSE PALMER AVENUE MAMARONECK AVENUE The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye 7 May 16, 2001 Myers - Aye Wittner - Aye O'Keeffe - Aye 3. Salary Authorizations - Highway - Recreation HIGHWAY DEPARTMENT Supervisor O'Keeffe explained authorization was required to hire two new laborers. On motion by Councilwoman Myers, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby authorize the payment of an annual salary of$28,430 each to Michael Coppola and Max Llaque effective May 21, 2001. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Also authorization was requested to increase the hourly rate of Pietro Balsamo and Angelo Gualano who are part time gardeners/laborers. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson it was RESOLVED, that the Town Board does hereby authorize an increase in the hourly rate of Pietro Balsamo to $14.00 and Angelo Gualano to $13.00 both part time gardeners/labors effective April 30, 2001. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye RECREATION On motion of Councilman Odierna, seconded by Councilwoman Myers 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: Brian McCormick, Tennis Instructor, $20 per hour, effective retroactive to 4/30/01 Andrew Rio, Tennis Instructor, $17 per hour, effective retroactive to 4/30/01 Nancy Sadlier, Tennis Instructor, $25 per hour, effective retroactive to 4/30/01 Sam Chernoff, Tennis Instructor, $10 per hour, effective retroactive to 4/30/01 Miguel Ipace, Tennis Instructor, $10 per hour, effective retroactive to 4/30/01 Evan Brown, Tennis Instructor, $10 per hour, effective retroactive to 4/30/01 Brian Fay, Alternate Lifeguard, Hommocks Pool, $8.25 per hour, effective 5/3/01 Paul Nierodzinski, Lifeguard, Hommocks Pool, $7.00 per hour, effective 5/3/01 8 May 16, 2001 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 Myers, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of the Special Town Board Meeting of October 12, 2000 as amended; and BE IT FURTHER, RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of February 7, 2001. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye The Supervisor read the following proclamation: PROCLAMATION J. RENE SIMON WHEREAS, J. RENE SIMON embodies the true spirit of voluntarism and service to the community. A very special member of the Zoning Board of Appeals, Rene served admirably for over a decade on the Zoning Board of Appeals; and WHEREAS, through RENE's vision, passion for progress, and "hands-on" approach, he brought to the Zoning Board of Appeals a perspective which enhanced the quality of life in the Town of Mamaroneck; and WHEREAS, RENE served on the original Town Center Study Committee in 1982 that considered the purchase of the school building that is now the Town Center; RENE assisted in the original concept designs for the use of the school building as a Town Center; and WHEREAS, as a member of the Larchmont Lions Club, Rene worked to allow the Town to use the booth at Myrtle and Chatsworth Avenue for our satellite police station; and WHEREAS, RENE's presence and unyielding commitment to the Zoning Board of Appeals was an inspiration to all who know him; and WHEREAS, RENE'S ability, his loyalty to the best interest of the community, his respect for the opinion of others, his kindness and tact, have won him the respect, admiration and affection of numerous committees, groups, and citizens who appeared before him at the Zoning Board of Appeals. NOW THEREFORE, BE IT 9 May 16, 2001 RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor, of the Town of Mamaroneck and the members of the Town Board hereby extend to J. RENE SIMON our appreciation and admiration for his devotion to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 16th day of May 2001. Supervisor O'Keeffe explained that Mr. Simon was a long time member of the Zoning Board and she read the Proclamation. She also stated that she and Thomas Gunther would be going to Sarah Neuman Nursing Home to present the Proclamation to Mr. Simon. WRITTEN COMMUNICATIONS Supervisor O'Keeffe reported an arrest had been made this week in Town and read a letter from Detective/Sergeant Jerry McCarthy detailing the drug arrests made at Dunkin Donuts (copy at end of minutes). She thanked the officers involved. Councilwoman Wittner offered congratulations as did the rest of the Board members. ORAL COMMUNICATIONS Abby Katz of the Larchmont Gardens Association addressed the Board on a number of issues: 1. The Duck Pond looks like a sandbar. Wondered if it was possible to add water. Supervisor O'Keeffe answered Mr. Altieri was aware of the problem and that we are looking into cleaning out the Pond. 2. How many violations were issued with regard to rubbish being put out early. The Supervisor replied stating that before a summons, a notice of violation would be issued. Should it occur again the homeowner will receive a summons. Councilwoman Wittner stated that the Board was preparing for an all day Work Session and this matter would be discussed. Councilman Odierna said he knew of neighboring communities who put out stickers. Supervisor noted she would discuss this with the Administrator. 3. Ms. Katz continued by saying that there is more noise now or newer noises with the sound barriers up. Will there be another sound test? Discussion followed with regard to blacktop as opposed to concrete, weather conditions, foliage. The Supervisor announced that there would be a Special Town Board Meeting on May 23 at 7:45 PM for a presentation by a potential developer of the Madison Avenue, Myrtle Boulevard area. She invited residents interested in this to come and hear about the plans. Ms. Katz also stated that there was no improvement with the recycling bins. Supervisor said the men are supposed to put them back where they find them, and she would ask Mr. DeLuca to remind them. Ms. Katz also stated that damage had been done to curbing by snowplows this winter and Supervisor O'Keeffe said the Town was aware of the damage and would schedule repairs. 10 May 16, 2001 REPORTS OF THE COUNCIL Councilman Odierna reported that he walked the Myrtle/Madison Avenue area and noted that the plans as far as he knew were not yet finalized. The Recreation Commission met on May 8 at the Carpino-Steffens Fields to look it over, and had been informed they let the field rest on Wednesdays. The Pool has been very busy. There will be a skating exhibition at the Ice Rink. Supervisor O'Keeffe announced that Councilwoman Phyllis Wittner was appointed to the Soil and Water Conservation Board of Westchester County by County Executive Andrew Spano and that the Town is very proud of her. Councilwoman Wittner said credit was due to the Town of Mamaroneck Board as well as to the Village of Mamaroneck, Harrison, White Plains and New Rochelle, because they worked together with a grant from the Department of State on WAC 4, the Watershed Advisory Committee for the Sheldrake and Mamaroneck Rivers. Councilwoman Myers and Councilman Odierna attended Westchester Municipal Officials Dinner where they had discussed new electronic voting booths. Costs sound too prohibitive for individual communities to take on so the County will try and get a grant to provide all Towns with new machines. Councilman Odierna announced that there would be another Election Reform meeting on June 8th at 8:45 AM. Councilwoman Myers stated that a great deal of time was spent working on the Myrtle Blvd. Project with the BAR. There would be a final Youth Council meeting for this year which plans for an outdoor movie, bonfire and battle of the bands on June 2. She urged all 10th , 11th and 12th graders to join the Youth Council and call the Recreation Department for the applications. Councilwoman Seligson stated that the Zoning Board was also meeting tonight and that she was unable to attend the Planning Board meeting last week. Councilman Odierna reported there were a number of parades and services coming up: May 24 there is the one in the Village of Larchmont, Sunday the 27th at 1:00 PM Kemper Field, Monday, 28th War Memorial, Town of Mamaroneck, Village of Mamaroneck Parade on Wednesday, 30th at 6:30. It was announced that Supervisor O'Keeffe's son was graduating from college this weekend and so was Paulette Gabbrielli's son. Congratulations were given to both. Councilman Odierna said the small park at the train station looks beautiful and the workers should be complimented. Also reminded everyone with questions about the Town that there was lots of information on the Web Site. It was also announced that larvacide was being put in catch basins; there would be no aerial spraying which would only be done if a human life was in danger. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the meeting was adjourned at 10:00 PM. Submitted by 11 May 16, 2001 Patricia A. DiCioccio, Town Clerk 11 CLERKSERVERISERVER 1DocumentslMinutes12001 minf105-16-01 x.doc 12 May 16, 2001 Letter read by the Supervisor(Written Communications) May 15, 2001 Supervisor O'Keeffe, On May 7th, following an involved investigation and under the direction of Chief Rivera, the Department successfully executed four search warrants. The investigation was initiated following the identification of suspicious activity occurring at the Dunkin Donuts located at 1311 Boston Post Road. The search warrants, achieved through the use of covert surveillance's, resulted in the arrests of five individuals an various narcotics and weapons-related felony, misdemeanor and Penal Law violations. At the time of the search warrant executions we ware also successful in seizing a .380 Berretta handgun and subsequently charging three individuals with Criminal Possession of a Weapon. I would like to commend Detective John Infelice and Detective Tom Gisin on their professionalism and performance during all phases of the investigation. They served the Town of Mamaroneck and the Police Department with noteworthy distinction. Our Department was also fortunate to have the Westchester County Police Department's Narcotics Unit as a resource. They supplied personnel and equipment and were instrumental in the ultimate success of the operation. Once again I'd like to commend all parties involved in the investigation for assisting in eradicating a very serious situation in the Town. Please feel free to contact me if you require any further elaboration and thank you for your, and the Town Board's, support. Sincerely, Det/Sgt Jerry McCarthy 13