HomeMy WebLinkAbout2001_12_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 DECEMBER 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
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:20
PM, who then pointed out the location of exits.
PUBLIC HEARING -Amendment to Zoning Ordinance - Regulation of Air Conditioners
The following Public Hearing Notice was placed into the record:
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of
Mamaroneck on December 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 to
consider adoption of a proposed Amendment to the Zoning Ordinance - Regulation of Air
Conditioning Units.
The Attorney explained prior to opening the public hearing the Board should consider
declaring themselves lead agency under SEQRA regulations and make a declaration on the
type of action.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson Myers, it was
RESOLVED, that the Town Board of the Town of Mamaroneck
does hereby declare themselves lead agency on the
proposed amendments to the Zoning Ordinance dealing with
the regulation of air conditioning units; and
BE IT FURTHER
RESOLVED, they designate the action for this matter to be
unlisted.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was
declared open.
December 5, 2001
Mr. Maker explained the purpose of the amendment to the law was to define air conditioning
units and to outline which will require a building permit. This action was taken after the
Zoning Board determined air conditioning units were structures under the zoning code.
The Supervisor then asked if anyone wished to speak either in favor of or against the
proposed amendment.
Robert Herbst, 96 No. Chatsworth Avenue, stated he wished to speak in favor of passage of
the law. He said he had lived in the Town since 1975, gaining a good perspective on this
problem which he had brought to the Zoning Board. The Zoning Board then changed the
definition of structure under the code. He said the main complaint was the noise, but they
also give off heat and smells. He submitted the following written summary of his remarks:
Remarks of Robert S. Herbst
Air conditioners are properly regulated under the Zoning Law so that their
placement can be considered by the Zoning Board, the body with the
expertise to consider when an obtrusive structure should be permitted.
Not just a noise issue--Air conditioners are as obtrusive, or worse, as any
sign, stairway, or deck which requires a building permit:
They are ugly. Units are large metal boxes with pipes and electrical
conduits sticking out of them.
They give off exhaust. Units give off hot exhaust which kills and damages
plants and fills the air with potentially dangerous mold, fungus, and
particulates.
They give off electromagnetic fields which may be linked to cancer.
They are loud.
The Zoning Board can consider all these factors in balancing the hardship
and detriment to the neighbor versus the benefit to the applicant.
Furthermore, the Zoning Board can determine under what conditions, such
as the erection of noise buffers, burdensome structures such as air
conditioners can be erected. The Zoning Board is the proper body with the
expertise to make these determinations.
The Town is an old community, with houses built close together before
central air conditioners were contemplated. The Zoning Law and the
Zoning Board are the proper vehicles for regulating the erection and
placement of central air conditioning units in order to maintain our quality
of life.
To clarify the intent of the statute, a building permit should be required
before an existing central air conditioning unit is moved to a new location.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, the hearing was
declared closed.
On motion of Councilman Odierna, seconded by Councilwoman Myers, the following Local
Law was unanimously adopted
LOCAL LAW NO. 8 -2001
Amendment to Zoning Ordinance
Central Air Conditioning Units
240-59 Central air conditioning units
A. For the purposes of this section and for no other purpose, the following terms are
defined as follows:
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December 5, 2001
AREA - The square footage of the horizontal plane on which a central air conditioning
unit or its pad is situated.
CENTRAL AIR CONDITIONING UNIT -Any mechanical device that is designed to
regulate the temperature within more than one room of a building and either is situated on
the ground or on a pad which is situated on the ground.
EXISTING CENTRAL AIR CONDITIONING UNIT -Any central air conditioning unit that
existed on September 1, 2001.
PAD —Any artificial surface on which a central air conditioning is situated.
REPLACEMENT UNIT -Any central air conditioning unit that replaces either(a) an
existing central air conditioning unit or(b) a central air conditioning unit that was situated at
the same location as an existing central air conditioning unit.
B. Existing central air conditioning units shall not require a building permit or a letter of
completion from the Building Department unless such a unit is moved from where it was
located on September 1, 2001.
C. A replacement unit shall not require a building permit or a letter of completion from
the Building Department if(1) such unit is not larger in cubic feet than the unit it replaces and
(2) (a) if situated on the ground, such unit does not occupy an area that is greater than the
area of the unit it replaces or the area of the pad on which that unit sat or (b) if such unit is
situated on a pad, the area of such pad is not greater than area of the unit it replaces or the
area of the pad on which that unit sat.
D. All other central air conditioning units shall require a building permit and a letter of
completion from the Building Department.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
O'Keeffe - Aye
Wittner - Nay
PUBLIC HEARING -2002 Preliminary Town Budget
The following notice was placed into the record:
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Town Board of the Town
of Mamaroneck, New York on Wednesday, December 5,2001 at 8:15 PM in the Court Room of
the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the
preliminary budget for the calendar year commencing January 1,2002 and ending December
3 I, 2002. All citizens are invited to attend and provide the Board with written and oral
comments and ask questions concerning the Town's entire preliminary budget. The entire
preliminary budget can be inspected by the public from 8:30 AM to 4:30 PM, Monday through
Friday in the Town Clerk's Office, Town Center, 740 W. Boston Post Road, Mamaroneck, New
York.
PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town
Board are as follows: Supervisor, $25,000; Town Council (4) $6,000 each and the proposed
salary for the Town Clerk is $60,000 and the Town Justices (2) $20,000.
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was
declared open.
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December 5, 2001
The Supervisor said the Administrator would present the budget, adding that much has
changed since 9/11 as well as the immense impact of the decreases in the interests rates.
Mr. Altieri showed slides and outlined the following:
The 2002 budget contemplates the continuation of all current municipal services.
2002 Budget at a Glance
2001 2002 Change
Expenditures $20,813,830.00 $21,300,865.00 $487,035.00
Non-Tax Revenues $ 7,810,305.00 $ 7,930,325.00 $120,020.00
Tax Levy $13,003,525.00 $13,370,540.00 $367,015.00
Town Taxes 2 Villages $256.00 $255.00 ($1.00)
Town Taxes Unincorporated Area $3,449.00 $3,557.00 $108.00
Under the proposed 2002 budget expenditures will rise by 2.3%. Non-tax revenues will, as
result of the economy, also rise by 5%. The expected small growth in non-tax revenues for
2002 is a critical component of the expected tax rate increase. Although the proposed tax
rate increase is low considering the current environment, better revenue performance would
have allowed for a lower tax rate adjustment. For the year 2002 Town property taxes paid by
property owners in the two villages will essentially remain unchanged. Residents in the
unincorporated area who receive all municipal services offered by the Town will realize a
3.1% rise in property taxes.
Expenditures for 2002
The expenditures that comprise the Town budget are divided into the categories of personnel
services, equipment, contractual expenses, and debt service. Due to the nature of municipal
services, the cost of labor generally comprises a large percentage of the budget. For 2002
salaries will total $9.2 million or 43% of total expenditures. All but one of the Town's three
bargaining units are complete for 2002. Increase in expenditures would be 3.2% or$487,035,
revenues $120,020, compensation insurance will increase drastically, retirement payments
will remain the same. Liability insurance will be very expensive and hard to obtain. Day to
day operating expenses are stable, with the Ambulance District submitting a two year plan to
update to a more advanced life pac system. Capital projects will include $499,000 for road
resurfacing and curbs. Total debt would decrease by $42,000. Mr. Altieri then showed a pie
chart of the budget illustrating the breakdown. He said state aid would be a wild card
especially because of the aid to New York City.
Supervisor O'Keeffe thanked him and said he did a good job of explaining and noted the
Town Budget had no spikes, it stayed slow and steady, where some communities were
experiencing increases of up to 18%.
The Board then all thanked him and he volleyed questions from them.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe at 9:25 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:
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December 5, 2001
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:
AAA Emergency 208.75
AAA Emergency 669.62
At& T Long Distance 78.88
Atlantic Westchester 170.11
Avaya 30.45
Brewer Hardware 54.47
Cleaning Systems 209.49
Con Edison 297.13
Darrell Pistone 29.99
Excelsior Garage 587.00
Excelsior Garage 148.00
Excelsior Garage 68.00
Excelsior Garage 1,472.00
Excelsior Garage 1,109.50
IOS Capital 177.69
Lab Safety 289.97
Supply Larchmont Shore Club 7,008.00
Lauren Abinanti 100.00
Metro Truck Tire 555.10
Michael J. Acocella 133.66
Motorola 115.29
Nextel 191.24
Poland Spring 45.95
Printwear Plus 64.00
Rock-N-Rescue 152.61
Sound Shore Pest Control 130.00
Technical Electronics 133.00
Technical Electronics 76.80
Technical Electronics 168.75
Tri City Auto Parts 162.39
Town of Mam'k Professional Fire Fighters 204.36
United Water New Rochelle 275.69
Verizon 364.98
Verizon Wireless 12.01
VFIS/LOSAP 68,447.40
TOTAL 83,942.28
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 the Month of November 2001
Commissioner Wittner read the following report which outlines responses to calls made
during the month of November. 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 31
MINOR 15
STILLS 00
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December 5, 2001
OUT OF TOWN 00
MONTHLY DRILL 01
EMS 13
TOTAL 60
TOTAL NUMBER OF MEN RESPONDING: 490
TOTAL HOURS RESPONDING: 21 HOURS AND 45 MINUTES
Commissioner Wittner also said that the September 11th fund raiser dinner prepared by our
firemen - a gourmet 4 course dinner -won by acclimation.
Elections for Fire Chief and staff were held on Tuesday and tonight. Thank you to all who
served.
The Fire Department is holding it's annual Toy Drive. Please bring unwrapped gifts to the
Ice Rink on Sunday, December 16th from 12-3 PM.
There being no further business to come before the Commission, on motion of
Commissioner Wittner, seconded by Commissioner Seligson, the Commission unanimously
adjourned at 9:30 PM.
OUT OF ORDER - ORAL COMMUNICATIONS
The Supervisor introduced Chief Rivera and Bob Reynolds who reported on the status of a
convicted felon who had moved into his elderly mother's apartment at the Hommocks Park
Apartment Complex. They said the probation department was trying to make arrangements
to move him out within the next three weeks, as they also thought it inappropriate for him to
reside so near a school.
Doug Eglinton, 27 Weaver Street, said he knew of some women who were terrified having this
person live so near this site.
Chief Rivera reported his department had been notified by the County of the level three
offender moving into the Town. This information was given to the Superintendent of
Schools, Mamaroneck Seniors, Sarah Neuman, and to all the schools. He spoke to the parole
officer who assured him the person would be moved within 2 or 3 weeks to a more
appropriate residence. The area has been patrolled more often and the village police
departments have also been notified.
Paul Winick, chairman of the Housing Authority, gave the background on the complex, and
said they have recently walked through the complex with detectives. Since then they have
added front door locks with non-duplicating keys, mirrors and peep holes to doors.
The Supervisor stated the Town was taking every step to assure safety and will continue to
monitor the situation. A discussion ensued.
AFFAIRS OF THE TOWN
1. Appointment - Larch mont-Mamaroneck Cable TV Advisory Committee
On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby appoint Alexandra
Leclere as a member of the Larch mont/Mamaroneck Cable TV
Advisory Committee, to serve a term of office of 2 years, effective
immediately and terminating on November 2003.
The above resolution was put to a roll call vote:
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December 5, 2001
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
2. Authorization -Westchester Joint Water Works -2002 Capital Plan
The Administrator explained the proposed Capital Improvement Plan for the Westchester
Joint Water Works for 2002. The plan includes joint projects that are shared by the three
member communities and local projects where the cost is borne solely by an individual
community. In 2002, there are no local projects in the Town of Mamaroneck,just three joint
projects. If approved, the joint projects total cost would be $405,000. The Town's share of
this total would be 20.5% or$83,000. The 2002 Town of Mamaroneck Preliminary Budget
includes sufficient appropriations for Town's share of the Westchester Joint Water Works
joint projects. The joint projects appear to be the Water Works continuing effort to improve
the overall water transmission system. It is recommended that the Town Board adopt the
2002 Capital Plan.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby approve joint
improvement Project 2002 -J.1 for expansion of the capacity
of the Rye Lake pump station as follows:
Increase in station capacity from 14.3 mgd. to 20.0
mgd.
Pumps 2, 3, 4 and 5 would each be increased in
capacity from 3.9 mgd. to 5.5 mgd.
Pumps 1 would remain at 3.9 mgd. capacity.
Make necessary electrical modifications to
accommodate the larger pumps.
Install a parallel 500 kw generator for both adequacy
and reliability.
Make minor modifications to interior of pump station;
and
BE IT FURTHER,
RESOLVED, that the Town Board does hereby approve the
expenditure for the above-stated capital projects at a total
estimated cost of$1,400,000 of which the Town's estimated
cost is 20.5% not to exceed $287,000 without further
notification and approval; and
BE IT FURTHER,
RESOLVED, that the Town Board does hereby approve joint
improvement Project 2002-J.2 for Greenhaven Road - Replacement of
1060 of 6" main, total estimated cost $185,000; and
BE IT FURTHER,
RESOLVED, that the Town Board does hereby approve joint
improvement Project 2001-J.3 for replacement of sparling meters at
the Larchmont plant, total estimated cost $20,000; and
BE IT FURTHER,
RESOLVED, that the Town Board does hereby approve joint
improvement Project 2001-J.4 for replacement of Gunderboom in Rye
Lake, total estimated cost $200,000; and
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December 5, 2001
BE IT FURTHER,
RESOLVED, that the Town Board does hereby approve the
expenditure for the above-stated capital projects at an estimated total
of$405,000, of which the Town's estimated cost is not to exceed
$83,000 or 20.5% without further notification and approval.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
3. Authorization - Transfer of Funds - Monroe Facility
Mr. Altieri explained that at the time the 2001 budget was prepared, an appropriation of
$20,000 was made to the Building and Grounds repair line item for the Monroe School. The
purpose of the funds was to conduct a renovation of the bathroom facilities. Currently, the
bathroom facilities are designed primarily for very young children. In addition, the facilities
are old and have needed repair from time to time.
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was
RESOLVED, that the Town Board hereby authorizes the Town
Comptroller to transfer funds from the operating budget for
Monroe to Capital Project 90-07, Account#H7197-4-7150.5001
Monroe Renovation.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
4. Authorization - Certiorari Settlement
The Attorney explained the settlements.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
RESOLVED, that the Town Board does hereby authorize the
settlement of the following certiorari as recommended by the
Town Attorney, William Maker, Jr.:
222 Mamaroneck Realty Company
224 Mamaroneck Avenue
Block 907, Lot 341
Year Assessment Reduced To Amount of Reduction
2000 $19,500 $15,800 $3,700
The Town will refund approximately $60.00 for the year at issue. The School district will
refund (or not collect) approximately $1,560.00.
The above resolution was put to a roll call vote:
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December 5, 2001
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
5. Set Public Hearing - Parking Ordinance - Edgewood Avenue
The Administrator explained that at the last Traffic Committee meeting, residents of
Edgewood Avenue had come to the meeting to discuss a variety of traffic related issues on
the street. One of the issues was parking on Edgewood Avenue near the corners at Murray
Avenue and North Chatsworth Avenue. The residents concern is that parking near the
corners blocks pedestrian access and encourages parking by commuters. The Traffic
Committee is recommending that "no parking here to corner" prohibitions be instituted on
Edgewood Avenue, on the east and west sides for a distance of approximately 2 feet from the
intersections of Murray Avenue and North Chatsworth Avenue.
Following discussion, 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 the Parking Ordinance - Edgewood
Avenue for December 19, 2001 at 8:15 PM in the Court Room
of the Town Center; 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
6. Salary Authorizations - Highway Department
- Recreation
HIGHWAY DEPARTMENT
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was
RESOLVED, that the Town Board does hereby authorize the
payment of salary to Michael Coppola, in the amount of
$34,505, for his services as an auto mechanic in the Highway
Department, effective January 1, 2002. Mr. Coppola will
replace Harry Fanelli who previously served in this position.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
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December 5, 2001
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:
Michael O'Byme, Assistant Instructor, Youth Hockey Program, $5/hour, eff. 12/1/01
Andrew Kelton, Alternate Skate Guard, Hommocks Park Ice Rink $8/hour, eff. 12/21/01
Amy Ciraco, Alternate Lifeguard, Hommocks Pool, $7.75/hour, eff. 11/20/10
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
ORAL COMMUNICATIONS
Helen Dondy, Judson Street, said she here to urge the Town Board to adopt the resolution,
which had been endorsed by Paul Feiner, Supervisor Greenburg, on the Indian Point issues.
There is presently no viable plan to evacuate residents beyond a 10 mile radius. She
pointed out the impact of Chernobyl had extended over 50 miles. She and Marie Schraldi
Cottau outlined some of the problems at the site, saying they believed the plant should be
closed down until a plan was in place and it could be made safer.
Supervisor O'Keeffe said the resolution that had been presented did not call for the plant to
be shut down,just calls for an assessment, and to beef up security.
They said it should be shut down since it has the worse safety record in the United States.
The Supervisor said that ineptness at the plant causes anxiety; one has to question whether
its reasonable to continue to let the site continue to function until they could operate
correctly. She had spoken to Nita Lowey to have the military guard it and had discussed
evacuation plans along with Supervisor Fener. The problem is where do people go. There is
not enough time, to evacuate effectively.
There was a discussion regarding safety, evacuation, military guards, the County's
intentions, and other issues regarding the Indian Point Power Plant. It was decided to modify
the resolution and adopt it at the next meeting.
SUPERVISOR REPORTS
The Supervisor thanked Councilwoman Myers for her role with the Community Walk that had
been held to support residents in our community who had suffered a loss on 9/11.
REPORTS OF COUNCIL
Councilwoman Myers reported the Community Walk had collected over$50,000.
Councilman Odierna said Memorial Park was reopened and it was delightful to jump up and
down on the new equipment. The entire Town Board was there to celebrate the event.
ADJOURNMENT
The Supervisor said that the next scheduled meetings would be held December 19, 2001 and
January 9, 2002.
On motion duly made and seconded the meeting was adjourned at 10:20 PM.
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December 5, 2001
Submitted by
Patricia A. DiCioccio, Town Clerk
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