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HomeMy WebLinkAbout2002_04_17 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 APRIL 17, 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 Patricia A. Samela, Deputy Town Clerk 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 HEARINGS -Amendment - Parking Lot Law -Amendment -Water Conservation Law - Installation to Stop Sign - Salem Drive Where it Meets Split Tree Road AMENDMENT - PARKING LOT LAW The Attorney explained that the parking lot law was last amended in 1967 and approval would allow the following changes to be made: 1. Only one parking permit per household will be issued to 24 Hour and Overnight parkers. Those who already hold two permits will be grandfathered, meaning they will be allowed to keep them. 2 Resident Meter and Area Business permits will be allowed to put two cars on one parking permit. 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, April 17, 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 adoption of a local law entitled "The Update to the Town of Mamaroneck's Town- Owned Parking Lots" law. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the hearing was declared open. The Supervisor asked if there were any questions from the Board. Councilman Odierna asked if there would be an extra fee for the second car being put on a permit. The Attorney replied it was not in the law, and to enact it there would have to be a resolution passed in order to do this. April 17, 2002 Councilwoman Seligson stated this was an effort to accommodate the residents who use the parking facilities. Councilwoman Myers was hopeful that this would eliminate commuters parking in residential areas. Mike Dandry of the Sound View News asked where the parking lots were located. The Town Clerk responded outlining the locations of each of the four lots and their designations. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was declared closed. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the following Local Law was adopted: Local Law No. 5 -2002 This local law shall be known as the "The Update to the Town of Mamaroneck's Law on Town-Owned Parking Lots" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 - Purpose: In 1967, the Town Board added chapter 147- entitled "Parking Lots, Town- Owned" -to the Code of the Town of Mamaroneck. Since then individual amendments and additions have been made to this chapter. The purpose of this local law is to repeal the existing chapter 147 and replace it with an updated chapter regulating parking in parking lots owned by the Town of Mamaroneck. Section 2 - Repeal and Re-enactment: Chapter 147 of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in its place: Chapter 147 PARKING LOTS, TOWN-OWNED § 147-1. Definitions and word usage. A. Word usage. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. B. Terms defined. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: INSIGNIA - The emblem issued by the Town Clerk to a permit holder. MOTOR VEHICLE - Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. PARKING LOT -Any town-administered outdoor space or uncovered plot, place, lot, parcel, yard or enclosure or any portion thereof where motor vehicles may be parked or kept overnight and for which a charge is made. PERMIT HOLDER -A person to whom a permit is issued pursuant to this chapter. 2 April 17, 2002 PERSON -An individual, or a firm, partnership, association, corporation, company or organization of any kind. TOWN - The Unincorporated section of the Town of Mamaroneck. § 147-2. Applicability. The provisions of this chapter shall apply to all persons using any of the parking lots described in §147-3. § 147-3. Designation and numbering of parking lots and designation of permits. Parking lots are numbered and designated as follows: A. Lot No. 1: parking lot situated at Myrtle Boulevard, Vine Street and a portion of Baldwin Avenue, Town of Mamaroneck. B. Lot No. 2: parking lot situated at Maxwell Street, Town of Mamaroneck. C. Lot No. 3: parking lot situated at Myrtle Boulevard and North Chatsworth Avenue, Town of Mamaroneck. D. Lot No. 4: parking lot situated on Myrtle Boulevard, Town of Mamaroneck. § 147-4. Hours of permitted use. The hours of permitted use of Lots No. 1, No. 2, No. 3 and No. 4 shall be established by the Town Board by resolution from time to time. § 147-5. Special permit parking areas; fees. A. The Town Board shall from time to time by resolution designate certain areas within Parking Lots No. 1, No. 2, No. 3 and No. 4 for such parking as the needs of the community may require. B. The Town Board shall from time to time by resolution set the fees and duration for permits issued pursuant to this chapter. § 147-6. Permit requirements. No person shall park a motor vehicle in any parking lot unless the Town Clerk shall have issued a permit allowing the motor vehicle to be parked in a particular parking lot and the permit holder shall have attached the insignia to the motor vehicle in accordance with the instructions given to the permit holder by the Town Clerk. § 147-7. License application. A. There shall be five types of parking permits: daytime business area parking permits, daytime meter parking permits, daytime non-meter parking permits, overnight parking permits and twenty-four hour parking permits. B. Application for a permit shall be made to the Town Clerk upon such form as prescribed by the Town Clerk. C. Each type of permit shall be effective on the first day of June in the year in which it is issued and shall expire on the thirty first day of May in the year following the year it was issued. D. The Town Board from time to time by resolution or local law may create such other types of parking permits or create such other type of rules for parking in the parking lots described in §147-3 as it may determine to be necessary. § 147-8. Other fees. 3 April 17, 2002 The Town Board shall determine by resolution from time to time the rates for permits issued to senior citizens. § 147-9. Issuance of permits. A. The Town Clerk shall not issue a permit for any motor vehicle unless the applicant demonstrates to the Town Clerk's satisfaction that the applicant is the owner of or entitled to the possession of such motor vehicle. B. The Town Clerk shall keep a record of the number of each permit issued, the date it is issued, the name and address of the person to whom it is issued, the numbers, words or letters appearing on the license plate of the motor vehicle or vehicles for which the permit is issued and the number of the parking lot for which that permit is issued. The Town Clerk shall maintain a record of all permit fees collected. C. The Town Clerk may only issue permits to residents of the town. At the time of application for a permit the applicant shall submit proof of such residency in a form satisfactory to the Town Clerk. D. The Town Clerk shall not issue an overnight parking permit or a twenty-four hour parking permit to a person if another person in the same household as the applicant already is the holder of an overnight parking permit or a twenty-four hour parking permit. The preceding sentence shall not apply to permits issued prior to the effective date of this law. Such permits may be renewed even if two or more permit holders are members of the same household. For the purpose of this Subsection, the term "Household" shall mean one or more persons living together as a single housekeeping unit. E. Each permit shall entitle only the motor vehicle or vehicles listed in the permit application to be parked in the parking lot for which such permit is issued with the following exception. Upon payment of the required fee, a daytime meter parking permit or a daytime non-meter parking permit shall authorize either one of two motor vehicles to be parked in the parking lot for which such permit is issued and the insignia associated with that permit shall contain the numbers, words or letters appearing on the license plate of each motor vehicle specified by the permit holder on the permit application. At the permit holder's discretion the insignia can be moved from one motor vehicle to the other at any time; however, under no circumstances can both motor vehicles listed on the permit application be parked at the same time in the same parking lot for which such permit is issued, except at times when parking in such parking lot is unrestricted. § 147-10. Attachment of insignia. The Town Clerk, upon issuing a permit, shall also issue an insignia to the permit holder and instruct the permit holder as to where the insignia is to be placed within the motor vehicle. The type, size and form of the insignia shall be determined from time to time by the Town Clerk; however, the insignia shall bear the permit number assigned, the numbers, words or letters appearing on the license plate of the motor vehicle or vehicles for which the permit is issued, the words "Town of Mamaroneck", the number of the parking lot for which the permit is issued and the expiration date of the permit. § 147-11. Renewal of permit; denial. A permit may be renewed if an application to renew is made and the required fee paid no later than 15 days prior to the expiration date of such permit. The Town Clerk may refuse to issue a permit to any person whose prior usage of any permit has been deemed by the Board of Police Commissioners of the Town of Mamaroneck to be an abuse of the privileges granted by said permit. 4 April 17, 2002 § 147-12. Transfer of ownership. A. Permits cannot be transferred between permit holders except as provided in Subsection B of this Section. B. Upon the sale of or other transfer of title of a motor vehicle for which a permit has been issued, the insignia shall be removed by the permit holder and returned by the permit holder to the Town Clerk. Upon proper application and payment of a required fee, a replacement insignia shall be issued for the unexpired term of the original permit. Under no circumstances shall the fee for the unexpired term be refunded. C. Alteration of a permit or an insignia or the making of a false statement in an application for(i) a permit or(ii) the renewal of a permit or(iii) the replacement of a permit shall be grounds for the immediate revocation of a permit by the Town Clerk. § 147-13. Parking. Each motor vehicle using any of the parking lots at all times shall be parked with its front end nearest to the barrier and shall be parked wholly within one designated space. § 147-14. Enforcement. Every police officer of the town shall enforce the provisions of this chapter. The Board of Police Commissioners of the Town of Mamaroneck is hereby authorized to delegate to persons other than police officers the authority to enforce the provisions of this chapter. § 147-15. Fines for parking infractions. A. Fines are established as follows: (1) Overtime at meter: fifteen dollars ($15). (2) Parking in permit area without a permit: fifteen dollars ($15). (3) Parking where prohibited between 3:00 a.m. and 6:00 a.m.: ten dollars ($10). (4) Blocking fire hydrant: twenty-five dollars ($25). (5) Parking in fire lane or fire circle: twenty-five dollars ($25). (6) Blocking driveway: fifteen dollars ($15). (7) Parking in wrong direction: ten dollars ($10). (8) Parking on sidewalk: fifteen dollars ($15). (9) Abandoning a vehicle: twenty-five dollars ($25). (10) Parking without plates: twenty-five dollars ($25). (11) Parking with motor running: twenty-five dollars ($25). (12) Parking in zone marked "No Parking Here to Corner": fifteen dollars ($15). (13) Parking in bus stop: fifteen dollars ($15). (14) Parking in handicapped space: fifty dollars ($50). (15) Parking with invalid inspection: twenty dollars ($20). (16) Parking with invalid registration: twenty-five dollars ($25). (17) Double parking: twenty-five dollars ($25). (18) All other parking infractions: fifteen dollars ($15). B. The above amounts are base fines. All violators who fail to pay the base fine within thirty (30) days of the issuance of a summons will be subject to the following penalties: (1) If paid after thirty (30) days but before sixty (60) days of summons being issued: double the original fine. (2) If paid after sixty (60) days but before ninety (90) days of summons being issued: double of Subsection B(1). 5 April 17, 2002 (3) If paid after ninety (90) days of summons being issued: double of Subsection B (2). C. In any prosecution of a summons or appearance ticket issued for the violation of Subsection (A)(2) of this Section, it shall be no defense that the permit holder held a valid permit but failed to display the insignia properly at the time that the summons or appearance ticket was issued. § 147-16. Penalties for offenses. Any persons violating any provision of this chapter other than those set forth in § 147-15 shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount not to exceed ten dollars ($10). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. Section 3 — 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 4— 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 On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby authorize that the fee for adding a second car to a Town parking permit be in the amount of$10 and the fee for issuing a replacement parking permit be increased to $10. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye PUBLIC HEARING -AMENDMENT -WATER CONSERVATION LAW Mr. Maker explained this would enable more than just the police to issue summonses for water violations caused by the new measures adopted the County of Westchester during this drought emergency. 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 April 17, 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 amending Chapter 231, entitled "Water", Section 231-6 Enforcement of the Town Code. 6 April 17, 2002 The purpose of the Local Law is allow other then police officers of the Town authorization to issue summons. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the hearing was declared open. The Supervisor asked if anyone wished to speak either in favor of or against the proposed legislation. There being no one, she asked if the Board members had comments. Councilwoman Seligson questioned the fines, saying it should entail a fine of$50 with a provision it be no more than $250 rather than what it is now. Councilwoman Myers said the restrictions should be reiterated to help alleviate confusion, which the Supervisor then read. Richard Mari asked what provisions were for repeat offenders. The Attorney replied the water service could be turned off. Councilwoman Wittner had a question on the purpose and the use of the word emergency, but it was decided to keep it as is. She asked who should people call if they see violations. The Supervisor said to call the Police Department or the Administrator's office during business hours. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, the hearing was declared closed. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the following Local Law was adopted: Local Law No. 6 -2002 This local law shall be known as "The Update to the Town of Mamaroneck's Law on Restrictions in the Use of Water during Emergencies" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 - Repeal and Re-enactment: Chapter 231 of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in its place: Chapter 231 Water Restrictions during Times of Emergency § 231-1. Purpose. In 1966, the Town Board realized that in times of drought or other circumstances where there may be a shortage of water, it might be necessary to prohibit and/or restrict the use of water within the Town. Accordingly, it added chapter 231 - entitled "Water" to the Code of the Town of Mamaroneck. Since 1966, other governmental agencies, such as the County of Westchester, have undertaken a greater role in situations where drought conditions warrant the imposition of restrictions or prohibitions on the use of water. Chapter 231 has not been adapted to the changing methods for enforcing water restrictions. The purpose of this local law is to repeal the existing chapter 231 and replace it with an updated chapter regarding (i) the imposition of restrictions and/or prohibitions on the use of water within the Town during emergency situations and (ii) the enforcement of not only such restrictions and/or prohibitions that the Supervisor may impose pursuant to this chapter but also any such restrictions and/or prohibitions that may be imposed by any other governmental authority having jurisdiction over such matters. § 231-2. Definitions; word usage. 7 April 17, 2002 A. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. B. Terms defined. For the purposes of this Chapter, the following phrases, words and their derivations shall have the meanings given herein: EMERGENCY - Either(i) such time when the water levels of the reservoirs supplying water to the Town are at dangerously low levels or(ii) such time as any unit of government (other than the Town of Mamaroneck) having jurisdiction over such matters shall have imposed restrictions and/or prohibitions on the use of water within the Town. An "emergency" shall be deemed to continue until it is declared to have ended by the Supervisor or the unit of government that declared an emergency, as the case may be. ENFORCEMENT OFFICERS - The persons serving in the following positions in the Town of Mamaroneck: any police officer, the Director of Building and Land Use, the Assistant Building Inspector, the Superintendent of Highways, the Deputy of the Superintendent of Highways (if such post is created), the Code Enforcement Officer and the Environmental Coordinator. PERSON -An individual, or a firm, partnership, association, corporation, company or organization of any kind. "Person" shall not include the Town or any employee or official of the Town or any of its agencies, authorities, boards, committees, commissions or departments when such employees or officials are acting in their official capacities. REGIONAL GOVERNMENT RESTRICTIONS -Any restrictions and/or prohibitions on the use of water within the Town of Mamaroneck imposed by any unit of government (other than the Town of Mamaroneck) having jurisdiction over such matters. SECTION 231-4 RESTRICTIONS - The restrictions or prohibitions imposed by the Supervisor on the use of water within the Town pursuant to Section 231-4 of the Code of the Town of Mamaroneck. TOWN - The unincorporated section of the Town of Mamaroneck. § 231-3. Applicability. The provisions of this chapter shall apply to all persons while they are within the Town. § 231-4. Restrictions during emergency. If conditions warrant it, the Supervisor may immediately declare the existence of an emergency and immediately impose prohibitions and/or restrictions on the use of water within the Town by any person, for any or all of the following purposes: A. The sprinkling, watering or irrigation of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation. B. The washing of automobiles, trucks, trailers or any other type of mobile equipment. C. The watering, sprinkling or irrigation of golf courses. D. The washing of sidewalks, driveways, filling station aprons, porches or other outdoor surfaces. E. The washing of the exteriors of buildings. F. The washing and cleaning of any business or industrial equipment and machinery. G. The operation of any ornamental fountain or other structure making a similar use of water. H. The operation of swimming and wading pools not employing a filter and recirculatory system. 8 April 17, 2002 I. The escape of water through defective plumbing, which shall mean knowingly allowing plumbing to remain in a state of disrepair. J. The operation of all or certain types of air-conditioning or refrigeration machines or equipment. § 231-5. Exemptions. For good cause, the Supervisor may exempt any person from the Section 231-4 Restrictions and if so empowered by the unit of government that imposed them, from the Regional Government Restrictions. § 231-6. Enforcement. A. The Supervisor shall cause the Section 231-4 Restrictions to be published in the Town's official newspaper and posted on the Town's official web site. Such restrictions shall go into effect on the earlier of the day on which they are (i) published in the Town's official newspaper or(ii) posted on the Town's official web site. B. Every enforcement officer shall have the power to issue warnings, summonses, notices of violations or court appearance tickets for any violation of either the Section 231-4 Restrictions or any violation of the Regional Government Restrictions. C. The Supervisor also shall have the authority to enforce the provisions of this Chapter by ordering water service to be discontinued to a particular person or location. § 231-7. Penalties for offenses. A. Any person violating any of the Section 231-4 Restrictions shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount not exceeding two-hundred fifty ($250.00) dollars. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. B. Any person violating any of the Regional Government Restrictions shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount that is the greater of the fine authorized under Section 231-7A or the fine or fines that may be imposed for a violation of a Regional Government Restriction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. Section 2 - Severability: Should any court of competent jurisdiction declare any provision of this Local Law invalid or unconstitutional, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which shall be implemented without the invalid or unconstitutional provisions. Section 3 - 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 INSTALLATION - STOP SIGN ON SALEM DRIVE Mr. Maker explained. The following notice was placed into the record: 9 April 17, 2002 PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, April 17, 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 Sign on Salem Drive Where it Meets Split Tree Road." On motion of Councilwoman Wittner, seconded by Councilwoman Wittner, the hearing was declared open. The Supervisor asked if there was anyone on the Board who had questions or comments on this matter. Councilwoman Myers stated that this item had come up before the Traffic Committee. The residents felt that there was excessive speeding at this intersection. Councilwoman Wittner said that she thought that speeding was not a reason for installing a stop sign. Councilwoman Myers said that it was the feeling of the Traffic Committee it would be safer to have cars stop at this intersection. The Supervisor asked if anyone from the audience wanted to comment. There was no response. On motion of Councilwoman Wittner, seconded by Councilwoman Myers , the hearing was declared closed. On motion of Councilwoman Myers, seconded by Councilwoman Myers, the following Local Law was adopted: Local Law 7 - 2002 This local law shall be known as the "Stop Sign on Salem Drive Where it Meets Split Tree Road" law. Section 1 - Purpose: The purpose of this local law is to regulate the traffic at the point where Salem Drive meets Split Tree Road. Section 2 - Regulation of Traffic on Salem Drive: Vehicles traveling northbound on Salem Drive shall be required to come to a full stop at the point where Salem Drive meets Split Tree Road. Section 3 - Sign(s) to be Erected: An appropriate sign or signs shall be erected on Salem Drive facing the northbound lane or lanes of traffic thereon. Such signs shall b erected at the corner formed by the east side of Salem Drive and the south side of Split Tree Road. Section 4 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional 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 10 April 17, 2002 Myers - Aye Wittner - Aye O'Keeffe - Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 9:00 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 Seligson presented fire claims for authorization of payment , thereafter on Commissioner Seligson motion, seconded by Commissioner Wittner, it was RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: AAA Emergency $ 299.90 AAA Emergency 136.80 AAA Emergency 639.55 Coyne Textile Services 27.32 Clean Air Co. 807.75 Gloves, Inc. 725.16 Joseph Russo 97.50 Lauren Abinanti 190.00 Metro Truck Tire Service 89.00 Town of Mam'k Professional Fire Fighters 204.36 T.C.D. 900.00 Tri City Auto Parts 13.08 Verizon Wireless 24.28 Vincent Garage 45.00 TOTAL $4199.70 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 Months of February and March Commissioner Wittner read the following reports which outline responses to calls made during the months of February and March 2002. They summarize the nature and origin of calls, the number of personnel responding and the total times spent at fire calls. FEBRUARY NATURE OF CALLS: 11 April 17, 2002 GENERAL 25 MINOR 08 STILLS 02 OUT OF TOWN 00 MONTHLY DRILL 01 EMS 15 TOTAL 51 TOTAL NUMBER OF MEN RESPONDING: 376 TOTAL HOURS RESPONDING: 11 HOURS AND 52 MINUTES MARCH NATURE OF CALLS: GENERAL 23 MINOR 13 STILLS 00 OUT OF TOWN 00 MONTHLY DRILL 01 EMS 15 TOTAL 52 TOTAL NUMBER OF MEN RESPONDING: 466 TOTAL HOURS RESPONDING: 18 HOURS AND 36 MINUTES Respectfully submitted. Michael Acocella, CHIEF Mr. Altieri spoke about the oil spill on Sunday evening on Dillon Road. An eighteen wheeler spilled 175 gallons of diesel fuel. He thanked the Fire Department for their quick response and also thanked the Town Police Department, HASMAT and Westchester County for helping to avoid a disaster. There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Myers, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Authorization - Easement Agreement - Pryer Manor Marsh Project The Attorney explained that the Town had previously received a grant from the New York State Department of Environmental Conservation for the restoration of the Pryer Manor Marsh. The project is intended to restore what has become a freshwater marsh back to a saltwater marsh. To accomplish the restoration, two drain pipes are to be installed from the marsh area, across Pryer Manor Road, to the Premium River. By installing the pipes, salt water from Long Island Sound will circulate in and out of the marsh with the change of the tides. The path of the pipe includes a portion of the property owned by Arlette Buchman. An easement agreement has been negotiated between the Town and the Buchmans for the installation of the pipe. Under the terms of the easement, the Buchmans will make the land available to the Town for the installation and maintenance of the drainpipes. The land for the easement has been offered at no cost to the Town other than our expense for the installation, restoration of the construction site, and future maintenance. The Town is prepared to begin this project using its own personnel within the next couple of weeks. In order to begin, 12 April 17, 2002 however, we will require authorization of the Town Board to execute the easement agreement. Councilwoman Wittner stated that this was a very critical project. It has taken quite a while to get this off the ground. This easement is necessary to complete the project. Councilwoman Myers asked if this protects the Town should the Buckman's sell the house. The Attorney said that it did. The Supervisor asked how long the project would take. Marco Gennarelli, Highway Superintendent, stated that it would take approximately two to three weeks using four laborers. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the drainage easement agreement between the Town and Arlette Buchman of 8 Wildwood Circle, Larchmont, New York; 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 2. Authorization -2002 Sidewalk Reconstruction Project The Administrator explained that bids had been accepted for the sidewalk reconstruction project. Included in this project was a proposal to add new sidewalks on Edgewood Avenue between Overlook Terrace and Murray Avenue. This project was considered based upon a request of several of the Edgewood Avenue residents that were interested in seeing the additional sidewalk installed. The Town is now preparing to issue a request for bids for the 2002 Capital Sidewalk Construction Project. The original Capital Construction Program for Sidewalks in 2002 includes the following areas: 1. North Chatsworth Avenue between Glen Road and Forest Avenue. 2. Valley Road between Glen Road and Forest Avenue. 3. Birchfield Road between Glen Road and Forest Avenue. 4. Wildwood Road - New Rochelle Border to Rockingstone Avenue. 5. Palmer Avenue from Weaver Street to the Larchmont Village boundary. The estimated cost for this work is $284,000.00. To avoid expending more than the original 2002 budget for sidewalks, a decision was made that if the Edgewood Avenue sidewalk was constructed, one of the above listed sidewalk projects would be eliminated for 2002. Upon review of the condition of the above list of sidewalks, the recommendation is to defer Birchfield Road to 2003 if the Edgewood Avenue sidewalk is to be constructed. The following residents spoke on this issue: Maureen Leblanc, 10 Overlook Terrace, stated that she was one of the petitioners who sent in one of twenty three letters. Their intention was to slow down traffic. She felt that the 13 April 17, 2002 installation of stop signs might be a way to do this. The Traffic Committee had rejected this idea. Bob Lelia, 85 Edgewood Avenue, is one of the eight homeowners being effected. He agrees with Ms. Leblanc's suggestions, but the problem with putting a sidewalk on the side of the street being proposed is not the best scenario. He feels that if funds are not available at the present time, perhaps the Town should wait to do the job right. A discussion followed. Judy Atkins, 89 Edgewood Avenue (an 18 year resident), suggested that perhaps a different type of sidewalk should be considered. Everyone agrees that there is a safety problem. The volume of traffic has increased significantly over the years. She felt that a stop sign at the intersection of Edgewood and Overlook, and Murray and Echo would be the simplest and least expensive solution to the problem. She also stated that the installation of a sidewalk would mean the destruction of beautiful old trees. The Supervisor asked Marco Gennarelli how many trees would have to be taken down. He responded that there would have to be two trees removed: one in front of 83 Edgewood and the large one on the corner. Emily Ferrik (Ms. Leblanc's mother) was concerned about the safety of the children. They do have to walk in the road at times. Ellen Lobell was concerned about the safety issue. The speed of the traffic in the area is very dangerous. She challenged the Board to come up with an alternative other than tearing up lawns and destroying trees. Maureen Leblanc said that the solution may be to put in some sort of small trail. Councilman Odierna stated that in the letters that were received four out of seven residents were opposed to putting in a sidewalk. Some were concerned with the removal of snow. He stated that he was opposed to putting a sidewalk on a very attractive street. Councilwoman Myers said that she liked the idea of putting in stop signs to slow down the traffic. Councilwoman Wittner agreed. She felt that the Traffic Committee should readdress the stop sign issue. She also suggested putting in a walking path. The Attorney responded to the question raised regarding snow removal. He stated that it is the homeowner's responsibility to do this. Councilwoman Seligson stated that if there were a smaller path installed, the homeowners may not mind clearing them. Marco Gennarelli stated that three feet was the smallest size for a path. Richard Mari, a member of the Traffic Committee, said that a sidewalk would get the people out of the street. Installing a stop sign was not the answer. It may slow down traffic at one point, but will not protect the pedestrians walking in the roadway. Councilwoman Wittner proposed authorizing the project as shown without creating a new sidewalk and discuss the Edgewood Avenue project further. On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby authorize a request for bids for the 2002 Capital Sidewalk Construction Project for the following areas at an estimated cost of $284,000: 1. North Chatsworth Avenue between Glen Road and Forest Avenue. 2. Valley Road between Glen Road and Forest Avenue. 14 April 17, 2002 3. Birchfield Road between Glen Road and Forest Avenue. 4. Wildwood Road - New Rochelle Border to Rockingstone Avenue. 5. Palmer Avenue from Weaver Street to the Larchmont Village boundary. The above resolution was put to a roll call vote: Seligson - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Odierna - Nay 3. Resolution - Designation of Lead Agency - Proposed Zoning Amendment of Forest City Daly Mr. Maker explained that March 10, 2002, the Town Board declared its intention to serve as lead agency for the review of the zoning amendment proposal submitted by Forest City Daly. Pursuant to SEAR regulations, 30 days has elapsed since letters were sent to all involved agencies regarding this proposal. None of the involved agencies has objected to the Town Board's intention to serve as lead agency in this matter. Therefore, we are prepared to move to the next step in the process which will be the preparation of the scope of the environmental impact statement that will be prepared on the proposal. A resolution has been prepared which will designate the Town Board as lead agency under SEAR for the Forest City Daly zoning application. The resolution will also provide for a positive declaration under SEAR. The Supervisor read the resolution into the record. WHEREAS, at its April 17, 2002 meeting, the Town Board of the Town of Mamaroneck (1) determined that the application made to it by Forest City Daly Mamaroneck, LLC ("Forest City") to rezone certain property located in the Town of Mamaroneck and to amend certain provisions of the zoning ordinance of the Town of Mamaroneck is a Type I action as that term is defined in the State Environmental Quality Review Act ("SEQR") (2) stated that it wished to serve as the lead agency under SEQR in connection with the SEQR review of the Forest City application and (3) directed that a copy of Forest City Daly's application and Part 1 of the Environmental Assessment Form submitted by Forest City Daly in connection therewith be circulated to all potentially involved agencies to afford such agencies an opportunity to contest the Town Board's decision to declare itself the lead agency; and WHEREAS, on March 11,2002, a letter was sent by the Town's Environmental Officer to the involved agencies in accordance with the directive of the Town Board summarized in the prior paragraph; and WHEREAS, accompanying the March 11 letter were copies of Forest City Daly's application and Part 1 of the Environmental Assessment Form submitted by Forest City Daly in connection therewith; and WHEREAS, the March 11 letter ended as follows: 15 April 17, 2002 "Please be advised that unless one or more of the involved agencies notifies the Town Board within 30 days from this date that it or they wish to act as lead agency, the Town Board will designate itself as the lead agency for this action"; and WHEREAS, more than 30 days have elapsed since the March 11 letter was sent and none of the involved agencies has questioned the Town Board's position that it should be the lead agency; and WHEREAS, in its application (paragraph 21 of its petition dated March 4, 2002), Forest City stated that it "is committed to preparing a full Environmental Impact Statement in conjunction with its development proposal." On the motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board of the Town of Mamaroneck hereby designates itself as the lead agency under SEAR in connection with the application made by Forest City to rezone certain property located in the Town of Mamaroneck and to amend certain provisions of the zoning ordinance of the Town of Mamaroneck; and BE IT FURTHER RESOLVED, after(1) studying the Environmental Assessment Form submitted by Forest City, (2) taking a hard look at the potential environmental impacts of the Forest City application and reviewing those potential impacts against the criteria for determining significance contained in section 617.7 (c) of the SEAR Regulations and chapter 92 of the Code of the Town of Mamaroneck and (3) considering Forest City's concession in paragraph 21 of its March 4, 2002 petition; and BE IT FURTHER RESOLVED, that the Town Board finds that the Forest City application may include the potential for at least one significant adverse environmental impact and therefore, as lead agency, hereby issues a positive declaration under SEAR; and BE IT FURTHER RESOLVED, that prior to the preparation of a Draft Environmental Impact Statement, Forest City shall submit to the Town Board a draft scope for such statement that contains the items identified in paragraphs (f) (1) through (5) of section 617.8 of the SEAR Regulations. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Resolution - New York State Retirement System 16 April 17, 2002 Mr. Altieri explained that as part of the Stipulation of Settlement with the Police Officer's Union, the Town agreed to provide the benefits of Section 375-1 of the New York State Retirement System for Police Officers. Briefly described under the terms of this plan, a police officer with 20 or more years of service will be eligible for 1/50th or 2% of final average salary for each year of service credit. The plan as described will be provided at this time at no additional cost to the Town's total retirement contributions. In order to implement this plan, the Town Board must adopt the resolution as provided by the New York State Retirement System. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby authorize the agreement between the Town the New York State Retirement System to provide the benefits of Section 375-1 for police Officers; 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 5. Approval of Certiorari The Attorney explained. 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.: James A. Jackson 430 Center Street Block: 825 Lot: 387 Town of Mamaroneck Year Assessment Reduced To Amount of Reduction 1999 $24,200 $18,450 $5,750 2000 $24,200 $16,600 $7,600 2001 $24,200 $14,000 $10,200 The Town will refund or not collect about $300.00 for the years at issue. The School district will refund (or not collect) approximately $9,700.00. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 17 April 17, 2002 7. Salary Authorization - Recreation On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that as provided for in the 2002 Town Budget that the Town Board does hereby authorize the payment of salary to the following: Jeff Warren, Assistant Coach, Spring Youth Hockey, $7.00 per hour, effective retroactive to 4/6/02. Steve Thompson, Assistant Coach, Spring Youth Hockey, $7.00 per hour, effective retroactive to 4/6/02. Ted Christen, Assistant Coach, Spring Youth Hockey, $7.00 per hour, effective retroactive to 4/6/02. Richard Leahy, Alternate Assistant Coach, Spring Youth Hockey, $7.00 per hour, effective retroactive to 4/6/02. Irwin Davidson, Alternate Supervisor, Men's Basketball Program, $55.00 per session, effective 4/22/02. Billy Byron, Alternate Supervisor, Men's Basketball Program, $55.00 per session, effective 4/22/02. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 7. Appointment - Planning Board The Supervisor read Marc Rosenbaum's resume into the record. PROFESSIONAL EXPERIENCE BROOKLYN NAVY YARD DEVELOPMENT CORPORATION 1995-Present President and Chie/Executive Officer April 1998-Present De Facto President and Chief Executive Officer June 1996-Marsh 1998 Executive Vice President and General Manager May 1995-June 1996 Manages and actively develops a 300-acre industrial park owned by the City of New York that consists of more than 200 businesses and over 3,500 employees for a large 501(c)(3) not-for-profit corporation . Oversees the creation of thousands of square feet for new buildings and newly-renovated space, including construction of a major motion picture and television studio complex, and renovation of 63,000 square feel of space dedicated to small-and medium-sized high-tech businesses. Led numerous real estate improvement projects to attract new businesses to the site, such as the reconstruction of the Navy Yard's entire electrical system, the rehabilitation of its steam and sewer systems, its streets, roadways, piers and bulkheads, the creation of a comprehensive on-site employment center, and the institution of shuttle bus service to/from the Navy Yard. • Renegotiated the legal relationship between the company and the City of New York, effectively providing the company with direct access to capital dollars from the city to complete more than $125 million in capital improvements, literally saving the site from collapse. • Led the effort to attract the motion picture and television industry to the site, leading to the creation of the largest movie and television studio complex on the East Coast; once completed, this project will double the number of employees at the site • Established BNY as an Economic Development Zone, encouraging new businesses to relocate to the site through the offer of wage tax credits, employee tax credits, capital investment credits, and sales and local tax relief. • Accelerated high-technology growth and development at BNY in conjunction with the acquisition of a lucrative grant from Bell Atlantic to bring optical fiber to the site 18 April 17, 2002 SHARFMAN, SHANMAN, PORET& SIVIGLIA (1986 TO 1995) -PARTNER. Provided aggressive legal advocacy and representation for clients of a boutique in midtown Manhattan law firm that specialized in corporate litigation and creditors' rights. Key clients included the American International Group (AIG) Insurance Company, the International Shoe Corporation, Chase Manhattan Bank, Cartier Jewelers and Simon & Schuster Publishing Company. UNITED STATES ATTORNEY'S OFFICE(1982 TO 1986) Assistant United States Attorney for the Southern District of New York Litigated civil cases involving environmental issues, taxation and tariff matters, and bankruptcy and creditor's rights for one of the busiest and most sophisticated United States Attorney Offices in the country. Major clients included the Internal a Revenue Service, the United States Customs Service, the Economic Development Administration, the Small Business Administration, the Federal Highway Administration, the Environmental Protection Agency, and the United States Army Corps of Engineers. WACHTELL, LIPTON, ROSEN& KATZ(1975 TO 1982) -ASSOCIATE Worked on important cases in the litigation and creditors'rights departments for the most aggressive, respected, and economically successful law firm in the United States that specializes in corporate and creditors'rights cases. Defended publicly-held corporations against hostile takeovers in cases involving securities and anti-trust laws. Key member of the team that sold more than 300 long-term leases for the W. T. Grant Company in one of the largest non-railroad commercial bankruptcy cases in American history. EDUCATION Hofstra University School of Law- 1975 Juris Doctor, Successfully completed degree in two y ears;graduated in top 10 of class Oxford University- 1973-B. A. Jurisprudence Brooklyn College- 1971 -Bachelor of Arts in Political Science, Awarded Francis P. Kilcoyne Scholarship for Study Abroad- Studied at the University of Stockholm, Sweden during Junior year. PROFESSIONAL AFFILIATIONS AND AWARDS Board of Directors of the Brooklyn Chamber of Commerce-Member New York Police & Fire Widow's & Children's Benefit Fund, Inc., -Audit Committee Chairman President's Advisory Council of NYC College of Technology-Member Hofstra University School of Law- Special Professor Cabinet of the Mayor of the City of New York-Member 88th Precinct Community Youth Council-Awarded the "Outstanding Community Leadership Award"for outstanding leadership, performance and commitment of creating job opportunities for the community. On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby appoint Marc Rosenbaum as a member of the Planning Board, to fill an unexpired term of office terminating July 2008. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye The Supervisor stated that the Board will be having discussions regarding amending some of the Town laws to provide for alternate members of various boards, committees and commissions. Mr. Maker will be researching how this can or cannot be done. ORAL COMMUNICATIONS The Supervisor then asked if anyone in the audience would like to speak. There was no response. 19 April 17, 2002 The Supervisor then asked if any of the Board members would like to make any comments. Councilman Odierna suggested that Supervisor O'Keeffe speak about the event that took place this morning. The Supervisor stated that at 10:00 AM today, at Harbor Island, Governor Pataki came to announce a $1,031,500 grant for habitat restoration and other work on the Sheldrake lake, Sheldrake basin and water tributaries into the Long Island Sound. This grant was the work of Councilwoman Wittner. This is a partnership between the Town and the County of Westchester. The Governor came as part of the Clean Water Clean Air Act to announce that the Town would be getting this money. It is a matching grant which Councilwoman Wittner can explain further. We are delighted to receive this grant. This will help the reservoir, the Sheldrake River and up by Stratton Road. Mayor's Trifiletti and Bialo were also in attendance. Councilwoman Seligson stated that this was a great opportunity to improve the quality of the Harbor. She stated that she had nothing to do with obtaining the grant and that Councilwoman Wittner did a fabulous job. Councilwoman Wittner stated that this was a 50% matching grant. The County has agreed to match or contribute $600,000 toward the intermunicipal project. She stated that WAC 4 had recommended this project and that it has been very satisfying. Councilwoman Myers thanked Councilwoman Wittner and Rob Doscher, who is a staff member of the County Department of Planning, for their efforts. Councilman Odierna mentioned that residents should check out the new tricycle path and handball court under the Memorial Park bridge. He stated that the tentative date for the reopening of Hommocks pool is May 1. Councilwoman Seligson thanked the Girl Scouts for participating in the memorial tribute on Sunday in Memorial Park. Hundreds of people attended. A plaque was dedicated to those in our community who lost their lives on September 11. Councilwoman Myers said that it was a very moving ceremony. Councilwoman Myers spoke about the hockey game sponsored by FIND (Friends in Need). The event raised $7,500 for the victims of the September 11 tragedy. Councilwoman Myers thanked the youth council for their efforts. Also, mentioned that the Youth Council spent time with children from the Southeast Consortium. The Supervisor spoke about the FAA meeting that was hosted here. A discussion followed. Councilwoman Wittner said that the Housing Authority met last Thursday and they were working on new policies. The Supervisor made mention of a party being held on May 29 at 5:30 PM for all members of Town boards, committees, commissions and department heads. ADJOURNMENT The Supervisor said that the next scheduled meetings would be May 1 and May 15. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the meeting was adjourned at 10:45 PM. Submitted by 20 April 17, 2002 Patricia A. DiCioccio, Town Clerk 11C L E RKS E RV E R1SERVER1DocumentslM i n utes12002m i nf104-17-02x.doc 21