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HomeMy WebLinkAbout2002_02_27 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 FEBRUARY 27, 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 8:20 PM, who then pointed out the location of exits. The Supervisor read the following proclamation for Ms. Levitan: PROCLAMATION- HANNA LEVITAN WHEREAS, Hanna Levitan will be reaching the exciting age of 100 years on February 15, 2002 - ten (10) decades of fulfilling life and has witnessed the progress from candle light to electricity to electronics, from horse-drawn vehicles to airplanes; and WHEREAS, Hanna was born in Kishinev, Bessarabia, now known as Moldova. Hanna at the age of 18, immigrated to Belgium where she worked as a seamstress to earn enough money to attend a university. Hanna met Leon Levitan who had come to Belgium from Latvia, also to go to the university to study engineering. Hanna and Leon were married on January 26, 1928. On May 10, 1940, the day the Germans invaded Belgium, Hanna, her husband and daughter made their way to Lisbon, Portugal. They spent one year in Portugal before immigrating to the United States in June 1941. WHEREAS, Hanna and her family spent most of their life in Staten Island, New York. When Hanna's husband died tragically in 1953, Hanna and her daughter moved to Manhattan. When Hanna's daughter got married in 1957, Hanna moved to Israel to visit old friends and there met, in 1958, Joseph Ur, whom she married. She lived in Israel from 1958 to 1989. When Joseph Ur died in 1984, Hanna adjusted to life in Israel. WHEREAS, Hanna (whose citizenship she had never given up) returned to the United States in 1989 to be reunited with her daughter and family and became a valued citizen of the Town of Mamaroneck. NOW THEREFORE, BE IT RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor, and the members of the Town Council of the Town of Mamaroneck extend our best wishes to HANNA LEVITAN on her "100th"birthday and commend her for her courageous generosity of spirit and exemplary life. IN WITNESS WHEREOF, February 27, 2002 1 HAVE HEREUNTO SET MY HAND AND CAUSED THE SEAL OF THE Town of Mamaroneck to be affixed this 15th day of February 2002. PRESENTATION -WRAIN Re: Airplane Noise Supervisor O'Keeffe introduced Pat Keegan, representative from Congresswomen Nita Lowey's office, who was present to help find a way to preserve the quality of life here in Westchester. Ms. Keegan said they were trying to establish improved communications with the FAA and the Port Authority who maintain the records and set policy on air traffic. They were also looking for better advance notification of maintenance schedules, which is difficult since Governor Pataki has urged information be curtailed on web sites for security reasons. She said Congresswoman Lowey has asked questions related to why flights are directed over land rather than the Sound, and why a glide scope had not been purchased, as well as a list of other questions. They will inform us when they receive the answers. Supervisor O'Keeffe said she had met with Senator Clinton and Councilman Odierna had lunch with Senator Schumer. Both expressed our concerns about this matter to them. Supervisor O'Keeffe then asked those who wished to speak to keep their remarks to five minutes or less. Robert Herbst, 76 No Chatsworth, said he has been a resident since 1965. His wife graduated from Mamaroneck High School, and two children are attending local schools. In this time, the noise from planes has been steadily increasing, in fact the planes are now turning right over his house and are flying low. They are loud, frequency is more than one a minute both day and night, becoming a nuisance, making outside activities unpleasant. He requested the Town take a position on this to help deal with the FAA, who are stonewalling. They say there is no hard data substantiating the complaints. Councilwoman Wittner said there needed to be clarification regarding the Town's position on not being on-board with this, since they certainly are. Mr. Herbst said it was his understanding the Town had not taken an official position yet. Supervisor O'Keeffe noted the Board members had attended meetings, been attentive to mailings, but as yet had received few complaints from Town residents, but are still listening and concerned. Michael Mollerus, 42 Hillside Road, thanked the Board for their help, said he had lived here a long time but some things have changed since about a year ago. FAA has to be honest about the change in traffic patterns. Just last night within seven minutes, eight planes flew over his house. He thinks the FAA is not responding, nor even listening to the problem and feels he is a reasonable person and wants to see this matter mitigated. T. J. Russo, 57 Valley Road, said he is a four year resident, representative of WRAIN and proud of the organization. He said the reason WRAIN wanted to bring this officially to the Town's attention was because the ongoing situation has gotten worse this year and more people are becoming aware of it. "We've become more burdened since 9/11. Yesterday air traffic lasted 12 hours straight and we need help. We want to assist in this too. We have an abundance of research and can provide even more information, but need your help." Patty Horing, 17 Pryer Lane, Co-President of WRAIN. She said the FAA has finally admitted there were changes: the take-off and landings went from 65 to 95 per hour, the loop of the planes lining up to land has increased, circling has increased from five to eight miles before it was 10-12 miles. She showed pictures and gave an overview of the traffic patterns. She had been informed by the FAA that they do not track, Port Authority said they couldn't provide or get the information either, but WRAIN was able to procure it through another source. There needs to be accountability from the FAA. If they are directing planes over land, planes need to be equitably distributed, not just over our homes, have to allow for more flexibility. These are all fixable problems, we can get it done. 2 February 27, 2002 Steve Hendel, 10 Dundee Road, said the actual path the planes are on is 300 yards wide, extending one mile inward, the turn is from his house to Hommocks towards LaGuardia. He took the Traycon tour 10 years ago and urges everyone to do the upcoming tour. This problem started for him 11 years ago, he's delighted others are now involved. He had to threaten to sue under the Freedom of Information Law to get any information from the FAA. Back then it was a faulty device, but that is not what is occurring now. At the meeting held on August 22, they reported they used the routes over the Sound whenever possible, but that is not true. They said if they had a glide scope it would be easier to guide the planes over the Sound, which is outrageous since this is the first we are hearing of this and it could have been accomplished by now. They are doing little to alleviate the problem. The only way to fix this is to keep pressing and pushing, this is affecting our quality of life. Councilman Odierna said he sells high speed circuits so has an idea on how some of this works. He asked if they measure the db levels, since it might help to have statistics for anecdotal evidence. Councilwoman Seligson asked if the FAA is subject to NEPA (National Environmental Review Process). No one knew if they were. Colleen Dealy, 61 Vine Road, said the planes are nonstop, beginning at 6 a.m. up until 11 p.m. when she goes to sleep and its maddening. "The planes are invading our life, when we had the meeting in August they said we were wrong, they were patronizing and unresponsive. We want the Town to help stop this." Sarah Beshar, 26 Larchmont Avenue, said this is the most significant issue in the past ten years. She urged the Board to help, especially since it has become apparent we need expert help as well as funds to the fight the FAA. Supervisor O'Keeffe asked if funds have been raised toward this yet. Ms. Bechar replied they had not, they wanted to organize and get the community behind this first. Jim Ruderman, 59 Vine Road, said FAA continues to deny this is a problem, which seems to be increasing since last summer. Louise Egan, said since July 15, 1998, she has noticed the continuous drone of planes with one flying overheard every 45 seconds. Now they are beginning the flights as early as 5 a.m. up until 11:30 p.m., they don't ever stop. Zemako, 155 Beach Avenue, said they are newcomers and moved in June of 2000. The data from LaGuardia shows an increase of 4,000 planes per month. If they flew higher the noise level would decrease, FAA said they are consistently at 3,000 feet, but he knows it's as low as 700 feet. Alpieri, 35 Shadow Lane, said he was an attorney practicing environmental law and real estate. He stated the only thing the FAA will respond to is legal action. They say they are in compliance with environmental laws, but there has to be more mandates as to reportability of the compliance. There then ensued a long discussion on many of the issues voiced by the above speakers. The Supervisor said the Town was definitely in favor of helping to alleviate the problem but needs time to study and review the issues as to how they can help. Statistics need to be put together, and the County and State need to get involved, including our Federal elected officials. The FAA has promised to answer a list of questions submitted within the next few weeks and we are looking forward to seeing the response. She thanked everyone for attending. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe on motion of Councilwoman Wittner, seconded by Councilwoman Myers. Present were the following members of the Commission: 3 February 27, 2002 Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Judith A. Myers Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson 1. Fire Claims: Commissioner Wittner presented fire claims for authorization of payment , thereafter on Commissioner Wittner's motion, seconded by Commissioner Odierna , 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 1,374.30 AAA Emergency 121.00 AAA Emergency 501.00 AAA Emergency 1,157.31 Atlantic-Westchester 400.32 Avaya Communications 30.45 Brewer Hardware 123.12 Con Edison 932.40 Con Edison 2.00 Coye Textile Services 27.11 Dipin Car Wash 305.00 Excelsior Garage & Machine 1,717.40 Gary Galvao 1,375.00 Ikon 14.84 IQS Capital 159.00 J & J Barish 43.50 Lauren Abinanti 100.00 NY State Association of Fire Fighters 82.00 Saxony Equipment 85.00 Town of Mam'k Professional Fire Fighters 204.36 Verizon 419.68 Verizon Wireless 12.02 TOTAL 9.186.81 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Authorization - Engineering Services - Fire House The Administrator reported the Fire Department was experiencing problems with the roofing systems on top of the building. There had been some work performed but it has not worked. He recommended, based on discussions with the Fire Department, to have the entire roof system analyzed to find out the cause of the problem, and then be able to see what the alternatives are. First we will ask for a study of the roof. The Fire Department has spoken to two firms regarding this matter: Miller Real Estate Services and Calgi Construction Management . Miller Real Estate Services had submitted a proposal of$22,000.00 as an estimate for work without a breakdown. We asked them to submit something showing the breakdown of the cost for conducting the analysis, they did not respond. Calgi Construction 4 February 27, 2002 has submitted a proposal of$4,500.00 for the feasibility analysis. He then recommended the Board authorize a contract between the Town and Calgi Construction for preparation of the feasibility study of the Fire house roof system. Mr. Altieri added that Calgi Construction management has extensive experience in public construction. Following discussion, on motion of Commissioner Wittner, seconded by Commissioner Myers, it was RESOLVED, that the Town Board does hereby approve the agreement between the Town and Calgi Construction Management for preparation of the feasibility study of the Fire house roof system at a cost not to exceed $4,500. 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. Authorization - Settlement of Certiorari The Town Attorney explained the settlement and recommended approval. On motion of 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, William Maker, Jr.: Zelijko Tomic 930 Palmer Avenue Block: 911 Lot: 394 Year Assessment Reduced To Amount of Reduction 1999 $13,200 $11,200 $2,000 2000 $13,200 $11,200 $2,000 2001 $13,200 $12,200 $1,000 The Town will refund, or not collect about $65.00; the School District will refund (or not collect) approximately $2,000.00. 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 Seligson, 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, Jr.: Donald O'Connell 214 Fenimore Road 5 February 27, 2002 Block: 909 Lot: 439.1 and 428 Palmer Avenue Block: 909 Lot: 439.2 Here is the proposed settlement for EACH property: Year Assessment Reduced To Amount of Reduction 2000 $25,800 $14,500 $11,300 2001 $25,800 $12,500 $13,300 The Town will refund, or not collect about $800.00; the School District will refund (or not collect) approximately $19,600.00. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Authorization - Conveyance Deed - 7 Durham Road Mr. Maker said the attorney for the owners of 7 Durham Road had advised him that her clients have approved the wording of the conditions regarding the conservation of the property to be given to the Town, and was therefore ready for approval by the Board. Councilwoman Wittner said she had visited the spot and noticed there was a great deal of water; it's almost a wetland. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the agreement between the Town and Nancy Sether Masterson and Joann Sether Bowes of 7 Durham Road as follows: The premises conveyed by Nancy Sether Masterson and Joann Sether Bowes as tenants in common, grantor, to the Town of Mamaroneck, grantee, and as set forth in Schedule A herein, consist of dedicated parkland and are subject to the following restrictions which shall run with the land: 1) said premises are to be utilized in perpetuity solely for conservation and parkland purposes; and 2) said premises are to be utilized solely for passive recreational uses; and 3) said premises are to be known as "Sether Woods"; and 4) grantee shall erect no later than 180 days from the date of this deed a sign consistent in design with other signage in Mamaroneck's other conservation and parkland areas, said sign to designate said premises as Sether Woods; and 5) grantee shall cause no disturbance of vegetation native to the local ecosystem except in ways that are consistent with the permissible uses of the premises; and 6 February 27, 2002 6) grantee shall use its best efforts to preserve the scenic, wildlife and parkland values of the site in perpetuity consistent with the conservation and parkland purposes so that said premises shall be a natural woodland and a habitat and haven for indigenous wildlife, including mammals, birds, reptiles, amphibians, and beneficial insects; and 7) grantee shall permit no construction of any structures on the premises other than structures enhancing the passive recreational use of the premises such as birdfeeders, benches, bird or bat houses, nature trails, including raised boardwalk trails and interpretive signage; and 8) grantee shall permit no construction of ball fields or athletic equipment on said premises, nor shall grantee permit the installation of any lighting system, other than lanterns or other minimal lighting designed for the health and safety of the public and of persons using the premises for passive recreational purposes; and 9) notwithstanding any restriction contained herein, grantee may remove diseased or hazardous trees or tree limbs, invasive or non-indigenous vegetation, fallen trees or branches that impede passive recreational use of the premises, and may plant native vegetation so as to enhance the scenic and wildlife values of premises; and 10) notwithstanding any restriction contained herein, the grantee may take such actions with respect to the premises as are necessary to protect the health and safety of the public and of persons using the premises for passive recreational purposes, provided that if any such action is contrary to any restriction contained herein, the action shall be limited to the minimum variation necessary to afford the required protection; and 11) in the event the premises shall cease to be used for passive recreational use or in the event of a violation of any of the restrictions listed herein and such violation is not cured within six (6) months from the date written notification of the specific violation is delivered to the grantee, the premises herein granted to grantee shall revert to the grantor, its heirs, successors, and assigns. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3. Authorization -Architectural Services - Town Center Building Mr. Altieri said there is a need for renovations within the Town Police Department at the front desk, general circulation in the headquarters building, and a evaluation of the heating and air conditioning systems. Three consultants have been interviewed, two of which have submitted proposals. The proposals were submitted by A.R. Bacon Architecture and S.T.V. Incorporated. Both firms have experience with public safety type buildings; however, A.R. Bacon Architecture has recently completed evaluations of Police Departments in Irvington, 7 February 27, 2002 Tuckahoe and Elmsford. There seems to be a similarity between these departments as they are located in the lower levels of old buildings. Proposals submitted by A.R. Bacon to complete the work described is $9,450.00, S.T.V. has submitted a proposal totaling $16,300.00. He recommended the Board award this contract to A.R. Bacon Architecture. 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 A. R. Bacon Architecture for architectural services for certain renovations within the Town Police Department at a cost to the Town of$9,450; and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Authorization -Westchester County The Administrator explained this is the yearly contract provided to the Town by the County for reimbursement for the police overtime incurred when they perform safety checks. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the agreement between the Town and the County of Westchester as amended to receive reimbursement for the selective enforcement of the Traffic Safety Agreement; and BE IT FURTHER RESOLVED, that Westchester County will reimburse the Town up to $3,000 for police overtime. 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 5. Request for Voting Machines - Mamaroneck Board of Education On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was 8 February 27, 2002 RESOLVED, that the Town Board does hereby authorize the Board of Education to use 13 voting machines for the school budget vote and election of school board trustees on May 15, 2002 as follows: 3 Central School 2 Mamaroneck Avenue School 4 Chatsworth Avenue School 4 Murray Avenue School The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ORAL COMMUNICATIONS Bill O'Gorman, Larchmont Gardens Civic Association, said he thought it would be a good idea to invite someone from Westchester Joint Water Works to the next meeting to tell us more about the restrictions because of the drought. The Supervisor said that was a good idea, and she would invite the Manager, John Hock. REPORTS OF COUNCIL Councilwoman Seligson said she had attended both the Planning and Zoning Board meetings where there had been some interesting issues discussed. She noted the Town is lucky to have volunteers with the expertise to handle many of these issues. Councilwoman Myers said the Traffic Committee meeting had been cancelled, but she had gone to the Youth Council meeting. They were working on the 4t" annual Volley Ball Tournament. Councilwoman Wittner said she had gone to the Coastal Zone Management Commission meeting held last night. She had gone to the Association of Towns meeting in New York City for two days, attending the meetings on storm water control, SEQRA, and three sessions on grants. She also congratulated Valerie O'Keeffe who was to be the guest of honor at the Ursuline Social Outreach Dinner where she would receive the Portrait of Angela award for her dedication to community causes. Councilman Odierna said he had also attended the Association of Towns meeting. It was fruitful, went to seminars on delivering services through the internet. He was invited Friday to attend a special meeting on that subject in Purchase, which should be interesting. Supervisor O'Keeffe said she had met with the new mayor of the Village of Mamaroneck, Phil Triffelletti, and spoke about the clean up and finding the sources of pollution of the beach. ADJOURNMENT The Supervisor said that the next scheduled meetings would be March 6 and March 20, 2002. On motion of Councilwoman Seligson, seconded by Councilwoman Myers, the meeting was adjourned at 11:10 PM. Submitted by 9 February 27, 2002 Patricia A. DiCioccio, Town Clerk "C L E RKS E RV E RXSERVERXDocu mentslM i n utes12002m i nf102-27-02x.doc 10