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HomeMy WebLinkAbout2001_09_05 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 SEPTEMBER 5, 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, Jr. , Town Attorney 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 8:35 PM, who then pointed out the location of exits. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 8:40 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 motion of Commissioner Odierna, 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. $ 6,699.82 AT & T 168.33 Avaya 30.45 Atlantic Westchester, Inc. 180.00 B & D Electric Motor& Pump Repairs, Inc 435.00 Con Edison 142.92 Con Edison 4.06 Cleaning Systems Co. 26.35 Corcraft Products 54.00 D'Agostino Clothiers 180.00 Diamond Triumph 65.00 Dip in Car Wash 240.00 September 5, 2001 Excelsior Garage & Machine Works, Inc. 786.75 Fire Programs 690.00 Fire-End & Croker 605.12 Fire-End & Croker 1,521.25 Ikon Office Solutions 2.36 IOS Capital 177.69 J & J Barish Electrical Supply 305.97 Lab Safety 175.36 Lauren Abinanti 220.00 Lawrence Heat & Power Corp. 129.65 Michael A. Acocella, Jr. 672.00 Nextel 192.41 Poland Spring 65.12 Printwear Plus, Inc. 1,024.00 Printwear Plus, Inc. 819.00 Rita Smith R & S Patches & Shields 163.00 Sound Shore Contracting, Inc. 150.00 Sound Shore Pest Control 130.00 U S Online Network 249.32 Verizon 366.33 Verizon Wireless 11.42 Westchester Elevator 170.00 TOTAL $16,852.68 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Commissioner Wittner mentioned that she had attended a Fire Council meeting and learned the Fire Department had received a FEMA grant for$53,638 for radio equipment with a 10% match. She congratulated former Chief Michael Liverzani who had written the grant. Mr. Altieri added there were only 191 grants awarded across the Country of which the Town had received one. 2. Salary Authorization - Firefighter Mr. Altieri explained that there was a vacancy in the Fire Department, the Fire Council had conducted interviews and were recommending the Board of Fire Commissioners approve Mark Baumblatt. He said Mr. Baumblatt has an extensive background with the Town as a volunteer for both the fire department and for the Ambulance District. He requested authorization to hire him as of September 10, 2001. On motion of Commissioner Wittner, seconded by Commissioner Seligson, it was unanimously RESOLVED, that the Town Board does hereby authorize the payment of salary to Mark Baumblatt, in the amount of $27,000, for his services as a firefighter effective September 10, 2001. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye 2 September 5, 2001 O'Keeffe - Aye There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Seligson, the Commission unanimously adjourned at 8:50 PM. PUBLIC HEARING - Public Housing Administrative Plan 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 September 5, 2001 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. The purpose of the Hearing is to review the Public Housing Authority One-Year Plan and submit the approved plans to the Department of Housing and Urban Development. On motion of Councilwoman Seligson, seconded by Councilwoman Myers the hearing was declared open. The Supervisor introduced Kathy Kopa, Director of Community Services who then stated that the Town Board has to approve the FY2002 Agency Plan. Mrs. Kopa outlined the Plan which was to promote assistance to the low income population for housing in a clean environment which is increasingly difficult because in our area rents are extremely high. She said because of solid relationships with landlords in our Town it is not as much a problem as in other places. She then fielded questions from the Board. In response to a question, she said there were 242 people in the program, the Town receives 260 actual vouchers. Many in the past have graduated out after receiving help. The Board members all thanked Ms. Kopa for the fine job. On motion of Councilwoman Seligson, seconded by Councilwoman Myers, the hearing was declared closed. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following resolution was adopted: PUBLIC HOUSING AGENCY ANNUAL PLAN FOR FISCAL YEAR 2002 WHEREAS, the Quality Housing and work Responsibility Act of 1998 and the ensuing Housing and Urban Development requirements mandate the preparation and adoption of an annual plan for the operation of a municipal public housing agency; and WHEREAS, the Town Board has reviewed the Town of Mamaroneck Public Housing Agency's annual plan for the year 2002; and WHEREAS, the Town Board has held a public hearing to present this plan to the public. NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck hereby adopt the Public Housing Agency Fiscal Plan as prepared and submitted by the Public Housing Agency Administrator. 3 September 5, 2001 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye AFFAIRS OF THE TOWN 1. Appeal of Tree Permit - 3 Murdock Road The Supervisor introduced Ron Carpenato, Director of Buildings who explained that an application had been received from Mr. & Mrs. Rimland, 3 Murdock Road for the removal of nine trees, to be replaced with 14 trees. The Tree Commission had approved application after review of the application and visiting the site. Mr. Rimland spoke and said they were going to try and replace the trees with evergreens, and a few of the trees slated to be cut down were clearly dead. He conjectured there might be one or two which would not have to be taken down. By taking some of the trees down it would allow for more sunlight on his property including the ability to put in a swing set for his children. Councilwoman Wittner stated that Murdock Woods is beginning to look more like Murdock Meadows and this bothers her. Councilwoman Seligson asked Mr. Rimland if he would consider pruning the trees instead. Mrs. Seligson said she would like to visit the site to get a better idea of what needs to be done. Further discussion followed. Mrs. Shulick, 1 Split Tree Drive, a neighbor spoke and mentioned that cutting down trees just to gain sunlight was not good reasoning. She spoke of this being detrimental to the environment as well as to the quality of life in her neighborhood. The Board decided that they needed a better understanding of the property and would like to visit it before the next meeting and make their determination then. At this time they recessed for a short time. 2. Authorization - Sale of Land - Block 505 Lot 487 Mr. Altieri explained that two bids were received on the sale of this property, one for$2,000 and the other for$28,000. He asked the Board to accept the bid for$28,000 and Mr. Maker explained that this was subject to a permissive referendum. There was a discussion on the large variance in the bid - Mr. Altieri explained the upset price was set for$20,000, so the bid of $2000 was not even acceptable. On motion by Councilman Odierna, seconded by Councilwoman Wittner the following resolution was adopted. WHEREAS, by order of the Town Board, a notice (the "Notice") soliciting sealed bids for the sale of surplus land known as Block 505 Lot 487 on the tax assessment map of the Town of Mamaroneck (the "Property") was published in the Journal News on July 24, 2001 and a copy of the Notice was mailed to the owners of each of the properties that abuts the Property; and; WHEREAS, the Notice advised persons interested in purchasing the Property that they could obtain a copy of the 4 September 5, 2001 portion of the tax assessment map of the Town of Mamaroneck on which the location of the Property was identified and could obtain further information about the Property at the Town Administrator's office; and WHEREAS, the Notice stated that twenty thousand ($20,000.00) dollars would be the minimum bid that would be considered and that a deposit of five (5%) of the bid in either certified check, cash or bid bond must accompany a bid; and WHEREAS, the Notice called for sealed bids to be submitted by no later than 11:00 AM Prevailing Time on August 14, 2001; and WHEREAS, at the time and place set for the opening of such bids, the two bids that had been received were opened publicly and read; and WHEREAS, the bid from Mark Kosofsky was for twenty eight thousand ($28,000.00) dollars and the bid from Bradley P. Gaiser was for two thousand ($2,000.00) dollars; and WHEREAS, each bid was accompanied by a deposit that compiled with the requirements of the Notice. NOW THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck accepts the bid of Mark Kosofsky to purchase the Property for twenty eight thousand ($28,000.00) dollars subject to the conditions of sale set forth in the Notice which are that the Property be sold subject to the following: (a) any state of facts an accurate survey would show; (b) all leases, covenants, restrictions, easements, agreements, reservations, licenses and other instruments of record; ( c ) all building and zoning codes, regulations, restrictions and ordinances; (d) the physical condition on the closing date of the buildings situated on the Property; (e) all violations, whether or not of record; (f) the rights of tenants; (g) any rights of redemption which the United States of America may have and (h) all liens, if any; and BE IT FURTHER, RESOLVED, that the Town Attorney (1) set a closing for a date which is the later of a day that is more than thirty (30) days after the adoption of this resolution or a day after the approval of this resolution by the affirmative vote of the qualified electors of the Town of Mamaroneck if this resolution becomes the subject of a permissive referendum and (ii) at the time and place set for the closing, deliver to the purchaser a quit claim deed to the Property, a TP-584 form and an SBEA report signed by the appropriate official of the town of Mamaroneck. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 5 September 5, 2001 3. Settlement of Certiorari Mr. Maker, the Town Attorney explained the following certiorari were being proposed for settlement and recommended the Board approve it. On motion by Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby authorize the settlement of the following certiorari as recommended by the Town Attorney: Sleepy `s of Mamaroneck, Inc. 366 Mamaroneck Avenue Block: 1907 Lot: 69 Town of Mamaroneck/Village of Mamaroneck Year Assessment Reduced To Amount of Reduction 2000 $23,500.00 $18,500.00 $5,000.00 2001 $23,500.00 $18,500.00 $5,000.00 The cost to the Town will be approximately less than $1,000 and to the school district approximately $4,000. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Report of Bids - TA-01-10 Mr. Altieri explained that four bids were received on August 10th for Phase 1 of the highway garage reconstruction. They ranged from $1.3 to $1.8 million, which exceeds the Town's estimate for Phase 1. He requested the bids be rejected at this time and this project be rebid in January, 2002. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that bids submitted August 10, 2001 for the reconstruction of the highway garage be rejected and rebid in January 2002. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 5. Authorization - Consultant Services - GASB-34 Mr. Altieri explained municipal governments throughout the United States will be required to account for all hard assets because of new governmental accounting standards known as GASB-34. He described how there would be changes to the Town's financial statements and to 6 September 5, 2001 the municipal budget, which require reporting of depreciation of the assets. The scope of the work involved is enormous and he therefore requested authorization to hire Bennett Kielson, our current auditors, to implement the plan. Following discussion on this law's effect on municipalities, on motion by Councilwoman Myers, seconded by Councilwoman Seligson it was RESOLVED, that the Town Board hereby authorizes Bennett Kielson, to develop the GASB-34 implementation plan in accordance with the proposal date July 17, 2001 and BE IT FURTHER RESOLVED, that the Town Board authorize a transfer of funds in the amount of$7,500. Into the Town comptroller's Budget to finance the contract. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye O'Keeffe - Aye Wittner - Abstained 6. Discussion - Letter from State Assemblywoman Sandy Galef Re: State Constitution Supervisor O'Keeffe read a letter from Assemblywoman Galef regarding an amendment which will be placed on the November 6t" ballot in reference to making language change in our State Constitution gender-neutral and a request to inform our residents of the proposed amendment. Board members were all in agreement to pass a resolution on gender neutrality in the constitution but did not want to go further to inform voters of the issue. It was decided to pass a resolution to vote yes on the gender-neutral amendment. On motion by Councilwoman Seligson, seconded by Councilwoman Wittner it was RESOLVED, the Town Board of the Town of Mamaroneck does hereby agree that the wording in the State Constitution should be amended and changed to reflect gender neutrality; and BE IT FURTHER, RESOLVED, the Town will send a copy of this resolution to Sandra Galef to show the Town's affirmation to change the wording. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 7. Set Public Hearing - Repeal of Conservation Advisory Commission Law The Town Attorney explained that General Code Publishers had contacted him after finding an inconsistency in the Town Code. Local Law 14-2000 needs to be changed because reference 7 September 5, 2001 was made in Chapter 12 of the Town Code to the Conservation Advisory Commission which had been disbanded. Therefore, we must set a public hearing to adopt a new local law to correct this oversight. A public hearing will be necessary to correct the code. On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the "The Technical Corrections to Local Law No. 14 of 2000" for September 19, 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. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 8. Salary Authorizations - Recreation On motion of Councilman Odierna, seconded by Councilwoman Wittner, 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: Susan Aloise, Recreation Department, Clerical, $10/hour, effective retroactive 8/29/01 Cindy Ausiello, Manager, Hommocks Pool, $17/hour, effective 9/4/01 Bill McGuinnes, Manager, Hommocks Pool, $15/hour, effective 9/4/01. Jennifer Fatato, Manager, Hommocks Pool, $13/hour, effective 9/4/01. Jeff Santorsola, Manager, Hommocks Pool, $14/hour effective 9/4/01. Marie Dalhgren, Key Attendant, Hommocks Pool, $9/hour, effective 9/4/01. Angela Legramandi, Key Attendant, Hommocks Pool $9.50/hour, effective 9/4/01. Patrick Saporito, Key Attendant, Hommocks Pool, $6.25/hour, effective 9/4/01. Andrea Dalhgren, Key Attendant, Hommocks Pool $7.50/hour, effective 9/4/01. Brian Fay, Alternate Lifeguard, Hommocks Pool, $8.50/hour, effective 9/4/01. Craig Ryan, Alternate Lifeguard, Hommocks Pool, $9.00/hour, effective 9/4/01 Todd Johnson, Alternate Lifeguard, Hommocks Pool, $7.25/hour, effective 9/4/01. Vadim Kogan, Alternate Lifeguard, Hommocks Pool, $7.50/hour, effective 9/4/01. Stephanie Alien, Alternate Lifeguard, Hommocks Pool, $9.50/hour, effective 9/4/01. Cara Weisberger, Alternate Lifeguard, Hommocks Pool, $7/hour, effective 9/4/01. Chris Gude, Alternate Lifeguard, Hommocks Pool, $6.75/hr, effective 9/4/01. Jamie Kippax, Alternate Lifeguard, Hommocks Pool, $7/hour, effective 9/4/01. Shannon Russell, Alternate Lifeguard, Hommocks Pool, $8.50/hour, retroactive to 8/10/01. Peter Braverman, Lifeguard, Hommocks Pool, $9.25/hour, effective 9/4/01. Alba Creales, Lifeguard, Hommocks Pool, $7.50/hour, effective 9/4/01. Paul Neirodzinski, Lifeguard, Hommocks Pool, $9/hour, effective 9/4/01. Letrise Romero, Lifeguard, Hornmocks Pool, $1 1/hour, effective 9/4/01. Erica Huber, Lifeguard, Hommocks Pool, $7.25/hour, effective 9/4/01. Leigh Spader, Lifeguard, Hommocks Pool, $7.25/hour, effective 9/4/01. Wendy Johnson, Lifeguard, Hommocks Pool, $9.50/hour, effective 9/4/01. 8 September 5, 2001 Rich Emond, Lifeguard, Hommocks Pool, $9.75/hour, effective 9/4/01. Paul Neirodzinski, EMS Lifeguard, Hornmocks Pool, $25/session, effective 9/4/01. Brian Fay, EMS Lifeguard, Hommocks Pool, $25/session, effective 9/4/01. Rich Emond, EMS Lifeguard, Hommocks Pool, $25/session, effective 9/4/01. Tamara Muscatell, EMS Lifeguard, Hommocks Pool, $30/session, effective 9/4/01. Chris Vaughn, EMS, Lifeguard, Hommocks Pool, $25/session, effective 9/4/01. Chris Gude, Alternate EMS Lifeguard, Hommocks Pool, $25/session, effective 9/4/01. Cynthia Ausiello, Alternate EMS Lifeguard, Hommocks Pool, $39/session, effective 9/4/01. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Ambulance District Mr. Altieri explained the 2001 budget provided for a Basic Life Support Coordinator and now salary authorization was requested to hire Kelly Belnick to fill the position. She will work for the district as a substitute emergency technician including providing assistance to recruit more volunteers. He said a subcommittee from the Ambulance District Board was recommending her appointment. On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, as provided for in the 2001 Town Budget that the Town Board does hereby authorize the payment of salary to Kelly Belnick, as Basic Life Support Coordinator at an annual salary of$30,000. effective September 10, 2001. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Part Time Personnel This item was deferred. The following proclamation was read into the record: PROCLAMATION - Constitution Week PROCLAMATION OUR U. S. CONSTITUTION - ESTABLISHED OUR FREEDOM WHEREAS; Constitution Week, designated by a Joint Act of Congress, 1956, celebrates the 214th Anniversary of the signing of our "Charter of Freedom," September t7, 1787. No other country in history has guaranteed such freedom to the individual, and it is important to remember our Founders; and WHEREAS; George Mason one of the greatest and least appreciated, was among those most revered by his associates. James Madison called Mason "the clearest reasoner he ever heard". 9 September 5, 2001 In 1825 Thomas Jefferson wrote a letter to Judge Woodward stating "the fact is unquestionable, that the Bill of Rights and Constitution of Virginia were drawn originally by George Mason, one of our really great men, and of the first order of greatness"; and WHEREAS; Another Founder who deserves more recognition and praise is John Jay, who grew up in Rye, New York and was buried there. The Jay property is part of the National Heritage Center. Jay promised to write a "circular letter" to all State Legislatures, urging amendments for individual rights. Madison wrote Washington that "the circular letter from New York call for another convention was seen by the opposition as the signal for united exertions in pursuit of early amendments." This hastened passage of the Bill of Rights. WHEREAS; Every citizen needs to study this Constitution - our Freedom depends on an informed, active citizenry. NOW THEREFORE, BE IT RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor of the Town of Mamaroneck and the Town Board do hereby proclaim that the week of September 17-23, 2001 is hereby proclaimed as CONSTITUTION WEEK. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 5t" day of September 2001. 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 meeting of April 18, 2001 as amended. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approved the Board minutes from the meeting of May 2, 2001 as amended. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye REPORTS OF THE COUNCIL Councilwoman Wittner reported on the meeting that she attended with Councilman Odierna and Councilwoman Myers at the Larchmont Village Center regarding airplane noise over homes in our area. The meeting was held by the FAA and attended by top local officials. The FAA discussed flight patterns, weather, runway changes and increased number of flights. Councilwoman Myers stated that she was very impressed with the information that was given. 10 September 5, 2001 ADJOURNMENT The Supervisor said that the next scheduled meetings would be September 19, 2001. On motion of Councilwoman Wittner, seconded by Councilman Odierna the meeting was adjourned at 10:50 PM. Submitted by Patricia A. DiCioccio, Town Clerk 11 CLERKSERVERISERVER 1DocumentslMinutes12001 minf109-05-01 x.doc 11