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HomeMy WebLinkAbout2002_01_23 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 JANUARY 23, 2002 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 8:30 PM, who then pointed out the location of exits. PUBLIC HEARINGS - Establish Stop Intersection Plymouth Road &Winthrop Avenue Establish No Parking Zone - 1294 Palmer Avenue ESTABLISH STOP INTERSECTION PLYMOUTH ROAD &WINTHROP AVENUE The following 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 Wednesday, January 23, 2002 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a proposed Local Law entitled "Stop Intersection - Plymouth Road and Winthrop Avenue". On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was declared open. The Attorney explained the proposed amendment to the law was prepared at the behest of the Supervisor upon the recommendation from the Traffic Committee, which was to place a stop sign at the corner of Plymouth and Wintrop. The Supervisor asked if there was anyone who wished to speak in favor or against the proposed law. Mr. Howard Bunta, 16 Winthrop Avenue, said he wanted to urge the adoption. The residents there are concerned about safety, there are many children who walk on the narrow road, and by placing a stop sign the pedestrian traffic will be seen. There was no opposition to the adoption. Richard Mari, a member of the Traffic Committee spoke on the visibility issue, especially when cars proceed without stopping. Councilman Odierna questioned the no through traffic sign on Howell Avenue, said it was annoying. The Supervisor explained there are many children who walk up the street towards Central School from there. And the Administrator added it was more to deter traffic, but its unenforceable. January 23, 2002 Mr. Bunta said on the stop sign issue the street is much narrower than most and there is parking on one side of the street, with people walking on both. Sal lacona, 11 Winthrop, said the street is extremely narrow and there are no sidewalks, therefore kids are riding bikes and walking in the street. The turn cannot be negotiated at 30 MPH, so the stop sign is needed. There have been two children hit by cars in the past twenty years. On motion of Councilwoman Wittner, seconded by Councilman Odierna, the hearing was declared closed. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following Local Law was adopted: Local Law No. 1 -2002 This local law shall be known as the "Stop Sign at the Intersection of Plymouth Road and Winthrop Avenue" Law Section 1 - Purpose: The purpose of this local law is to regulate the traffic at the intersection of Plymouth Road and Winthrop Avenue. Section 2 - Regulation of Traffic on Plymouth Road: Vehicles traveling southbound on Plymouth Road shall be required to come to a full stop on Plymouth Road at the point where Plymouth Road intersects Winthrop Avenue. Section 3 - Sign(s) to be Erected: An appropriate sign or signs shall be erected on Plymouth Road facing the southbound lane or lanes of traffic thereon. Such signs shall be erected (i) at the corner formed by the east side of Plymouth Road and the north side of Winthrop Avenue and (ii) on the west side of Plymouth Road at or about the point where the north side of Winthrop Avenue would intersect the west side of Plymouth Road if Winthrop Avenue extended in a straight line from the point where it presently ends. 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 local law resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ESTABLISH NO PARKING ZONE - 1294 PALMER AVENUE The following 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 Wednesday, January 23, 2002 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a proposed Local Law entitled "No Parking Zone - 1294 Palmer Avenue". 2 January 23, 2002 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the hearing was declared open. Mr. Maker explained the purpose of the law is to allow a no parking zone to improve safety when the resident exits his driveway. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, the hearing was declared closed. The Supervisor asked if anyone wished to speak either in favor of or against the proposed change. There were no comments. Councilwoman Seligson asked if we were being too accommodating to one resident. Mr. Altieri replied the change was being made because backing out of this driveway was dangerous since the cars are parked so close there is no sight line. Richard Mari, said the amount of space being taken away was less than a car length. Thereafter on motion of Councilwoman Myers, seconded by Councilwoman Seligson the hearing was closed. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following Local Law was adopted: Local Law No. 2-2002 This local law shall be known as the "No Parking Near 1294 Palmer Avenue" Law Section 1 - Purpose: The purpose of this local law is to create a no parking zone on Palmer Avenue at 1294 Palmer Avenue as a means of improving sight lines at that location and thereby improving safety. Section 2 - No Parking: Parking on the southern side of Palmer Avenue for a distance of fifteen (15) feet westerly from the point where the western side of the driveway for the property known as 1294 Palmer Avenue meets the roadbed of Palmer Avenue is prohibited. Section 3 - Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on, and striping shall be painted on the surface of, Palmer Avenue indicating the area where parking is prohibited. 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 local law was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3 January 23, 2002 AFFAIRS OF THE TOWN 1. Appointments - Coastal Zone Management Committee - Board of Ethics COASTAL ZONE MANAGEMENT COMMITTEE On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby appoint Madeline Berg as Chair of the Coastal Zone Management Commission, to serve a term of office of one year, effective immediately, expiring August 2003; and BE IT FURTHER, RESOLVED, that the Town Board does hereby appoint Madeline Berg as a member of the Coastal Zone Management Commission, to serve a term of office effective immediately, expiring August 2003; and BE IT FURTHER, RESOLVED, that the Town Board does hereby appoint Bernard Kaplan as a member of the Coastal Zone Management Commission, to serve a term of office effective immediately, expiring August 2004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye BOARD OF ETHICS On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby appoint Anna Reisman and Robert Degen as members of the Board of Ethics, to serve terms of office of 3 years, effective January 2002 and expiring on December 2004; and The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Approval of Certiorari - This item was deferred. 4 January 23, 2002 3. Authorization - Snow and Ice Agreement - New York State Department of Transportation Mr. Altieri explained this was the proposed renewal agreement with the New York State Department of Transportation for the removal of snow and ice from state owned roads in the Town. He said the state will reimburse the Town $9,124.00. Currently we have an agreement which will expire on June 30, 2004. The state reserves the right to change the reimbursement level, and everything else will remain the same. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby agree to extend the current agreement with New York State Department of Transportation for the removal of snow and ice on State roads in the Town; and BE IT FURTHER RESOLVED, that the Town will be reimbursed in a lump sum of$9,124.00 for removal of snow and ice on Weaver Street and the Boston Post Road. This agreement is for the 2002\2003 season; and NOW THEREFORE, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Administrator to execute above-said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Authorization - Retainer Agreement - Labor Counsel The administrator explained that this is a retainer agreement between the Town and the law firm of Grotta, Glassman & Hoffman, which would be the same as the one previously held with Rains and Pogrebin, to act as labor counsel for the Town. The cost would be $5000 per year and would provide for them to advise us when negotiating collective bargaining agreements. If there should be a need for direct counsel the rate would be $200 per hour for a partner and $150 for an associate. 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 the law firm of Grotta, Glassman & Hoffman; and BE IT FURTHER RESOLVED, that the annual retainer fee of$5,000 shall be payable in eight installments; and BE IT FURTHER RESOLVED, that the retainer shall cover all advice regarding collective bargaining agreements; and BE IT FURTHER 5 January 23, 2002 RESOLVED, should representation by the firm be necessary, the hourly rate to be charged will be $200 per hour for a partner's time and $150 an hour for an associate's time; and NOW THEREFORE, 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 ADDED ITEM 5. Grant Application - Gardens Lake The Administrator said this grant would allow for restoration and improvement at Gardens Lake, including dredging, using the sediment to make an aquatic bench which would be made up mostly of aquatic plants. In addition, we would install a basin where sediment would settle and work crews would be able to clean out, and to install sediment filters in selected stormwater pipes. The cost would be approximately $929,000 of which the Town would pay half. A discussion ensued. Authorization was requested for the Administrator to sign. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the Town Administrator to execute and sign the grant for restoration of Gardens Lake. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 6. Set Public Hearings - No Parking Ordinance - Edgewood Avenue - Establish No Parking Zone - N. Chatsworth Avenue - Bond Resolution - Garbage District NO PARKING ORDINANCE - EDGEWOOD AVENUE Mr. Altieri said the Traffic Committee at their last meeting, had discussed the issue of long term parking on Edgewood Avenue between Judson Street and North Chatsworth Avenue. There are residents there who are concerned that commuters going into New York City park their cars on Edgewood Avenue for the entire day, which inhibits parking by the residents in the area. The Traffic Committee is recommending a prohibition on parking on the North side of Edgewood Avenue between 10:00 a.m. and 11:00 a.m. - Monday through Friday, except holidays. On the south side of Edgewood Avenue, parking would be prohibited between 2:00 p.m. and 3:00 p.m. on Mondays through Fridays except holidays. This would allow a part of the day when cars are prohibited from parking on the street. 6 January 23, 2002 Following discussion, on motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was: RESOLVED, that the Town Board does hereby set the date for public hearing on the No Parking Ordinance - Edgewood Avenue for February 6, 2002, 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 ESTABLISH NO PARKING ZONE -40 NORTH CHATSWORTH AVENUE. The Administrator said because a new house was constructed at 40 North Chatsworth Avenue, the new resident had appeared before the Traffic Committee concerned that cars exiting his driveway have reduced visibility because of the cars parked right up to the edge of the driveway. The resident has requested the establishment of a no parking zone on either side of his driveway to improve visibility. The Traffic Committee's recommendation to the Town Board is to establish a no parking zone that would prohibit parking on either side of the driveway at 40 North Chatsworth for a distance of six feet. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby set the date for public hearing to Establish A No Parking Zone on North Chatsworth Avenue for February 6, 2002, 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 BOND ANTICIPATION NOTE - GARBAGE DISTRICT There were papers from the Bonding Council which outlined the necessary procedure for replacing a refuse collection truck. The 2002 Capital improvement budget does include the replacement of one refuse collection truck, thus in order to purchase the truck, the funds will be borrowed through a bond anticipation note. When money is to be borrowed for a 7 January 23, 2002 purchase in a special improvement district, a public hearing is required. The bond anticipation note would be an amount not to exceed $150,000.00. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, the following was adopted. WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement oft he facilities of Refuse and Garbage District No. 1 in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a 25 yard refuse collection track, including incidental expenses in connection therewith, at a maximum estimated cost of$150,000; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of Refuse and Garbage District No. 1 in the manner described above, and to hear all persons interested in the subject thereof concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A public hearing will be held at the Town Center, in Mamaroneck, New York' in said Town, on the 6th day of February 2002, at 8: 15 o'clock P.M., Prevailing Time, on the question of increasing and improving the facilities of Refuse and Garbage District No. 1 in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof; and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in The Journal News, the official newspaper of said Town, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the following form: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet at the Town Center, in Mamaroneck, New York, in said Town, on the 6th of February 2002, at 8:15 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing for the specific object or purpose of paying the cost of the increase and improvement of the facilities of Refuse and Garbage District No. 1 in the Town of Mamaroneck, Westchester County, New York, within said Town, consisting of the purchase of a 25 yard refuse collection truck, including incidental expenses in connection therewith. The maximum estimated cost of the aforesaid increase and improvement of the facilities of Refuse and Garbage District No. 1 in said Town is $150,000. At said public hearing said Town Board will hear all persons interested in the subject matter thereof 8 January 23, 2002 Dated: Mamaroneck, New York January 27, 2002 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 7. Request for Use of Voting Machines -Village of Larchmont The Town Clerk explained that this is a yearly request by the Village to use 11 of our voting machines for the Village election on March 19, 2002. On motion by Councilwoman Wittner, seconded by Councilwoman Seligson it was RESOLVED, that the Town Board does hereby authorize the use of 11 voting machines by the Village of Larchmont for the annual Village Election on March 19, 2002 as follows: District 1 - (Town District 8) at Village Center - Two machines. District 2 - (Town Districts 6 and 7) at Chatsworth Avenue School - Lunchroom - Two machines. District 3 - (Town Districts 9 and 26) at Chatsworth Avenue School - Lunchroom - Two machines. District 4 - (Town District 10) at Village Center - Two machines. Plus three spares. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 8. Designation of Voting Delegate -Association of Towns Conference Supervisor O'Keeffe explained that this was an annual meeting and that the Board must appoint a council member to represent the Town. On motion of Councilwoman Myers, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby authorize Councilwoman Wittner to be appointed as delegate to attend the Association of Towns meeting on behalf 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 9 January 23, 2002 9. Salary Authorizations - Police Department - Recreation Department POLICE DEPARTMENT On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby authorize the payment of salary to Anthony Hoffman, in the amount of $40,015, for his services as a Police Officer for the Town of Mamaroneck effective January 24, 2002. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye RECREATION DEPARTMENT On motion of Councilwoman Myers, seconded by Councilman Odierna, 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: Alex Eney, Ass't. Instructor, Youth Hockey, $5 per hr. effective retroactive to 1/5/02 Theodore Ritz, Ass't. Instructor, Youth Hockey, $5 per hr. effective retroactive to 1/5/02 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ADDED ITEM 10. Update - Myrtle Boulevard Project Mr. Altieri explained that the Myrtle Boulevard Streetscape Project is virtually complete, there are a few things left, the removal of the old street lights on Washington Square, the painting of the new street lights and the installation of the alternate benches which are now on order. He said the old styled street light at the corner of Washington Square and Madison seems to stand out more and diminishes the look of the new lights. Because we have a few extras, it has been decided to replace the cobra head fixture, so costs would just be for prep and installation for which we received a quote from Landi Construction. 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 Peter J. Landi, Inc. to furnish all materials and perform all labor necessary to 10 January 23, 2002 complete the Myrtle Boulevard Project at a total cost to the Town of$4,000; 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 11. Special Town Board Meeting On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the special work session meeting of the Town Board will be held in Conference Room A of the Town Center, 740 West Boston Post Road, Mamaroneck on February 1, 2002 at 12:00 PM. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye SUPERVISOR REPORTS Supervisor O'Keeffe reported that she attended a meeting at the Westchester Joint Water Works which had been attended by Mayor Triffiletti, the new mayor in the Village of Mamaroneck. He had requested that volunteers do coliform counts after storms at different locations. He thinks the source is probably from animals. Councilwoman Wittner suggested they reactivate the streamwalker group. They would be more effective because they would be taught the correct methodology for collecting water. Councilwoman Seligson said the Martin Luther King Award had been given to Kenneth Wanderer and 5t" grade Chatsworth Avenue School students who had raised over$100,000 through the flag pin sales, she wanted to congratulate them. Councilwoman Myers said one meeting she was to attend had been cancelled. She reported the Youth Council had started a program under Kathy Kopa, head of Community Services, to shovel snow for the elderly, and to help in bringing food to the home bound. Councilwoman Wittner had attended Coastal Zone Management as well as Housing Authority meetings. Councilman Odierna said he reported on Recreation at the last meeting and Human Rights had rescheduled because of the Martin Luther King program. ORAL COMMUNICATIONS 11 January 23, 2002 Ned Ryan, Edgewood Avenue said the Board might want to change the oral part of this agenda to the beginning of the meeting for the convenience of the residents. He asked for a copy of the Sanitation budget when available. He said he had not been notified of the meeting by the Traffic Committee on the Edgewood Avenue matter until just three days prior. It was not enough notice. He had left a letter to be given out at the meeting which was never distributed. The Town Administrator said it had been given out. There was then a discussion on notices and procedures. ADJOURNMENT The Supervisor said that the next scheduled meetings would be February 6 and February 27, 2002. On motion of Councilwoman Wittner, seconded by Councilman Odierna the meeting was adjourned in memory of Henry Rivera, father of Police Chief Richard Rivera. Submitted by Patricia A. DiCioccio, Town Clerk \\CLERKSERVER\SERVER\Documents\Minutes\2002minfl01-23-02x.doc 12