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HomeMy WebLinkAbout2002_11_20 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 NOVEMBER 20, 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 - Continuation of- No Parking Zone -40 N. Chatsworth Avenue -Amendment to Town Code - Code of Ethics, Sensitive Positions CONTINUATION OF - NO PARKING ZONE -40 N. CHATSWORTH AVENUE This item was adjourned from the Town Board Meeting of November 7, 2002. On motion of Councilwoman Seligson, seconded by Councilwoman Myers, the hearing was declared open. The Attorney explained the purpose of this local law is to create a no parking zone around 40 North Chatsworth Avenue as a means of improving sight lines at that location and thereby improving safety. This stretch along North Chatsworth Avenue has a particularly high volume of traffic and also is on the slope of a hill. Because of the grade change, traffic speed along this stretch of North Chatsworth Avenue heading toward the Village of Larchmont tends to increase, making it more difficult for that traffic to slow down as vehicles leaving 40 North Chatsworth Avenue enter into the lanes of traffic on North Chatsworth Avenue. A solution to this problem is to create a "no parking" zone along each side of the driveway serving 40 North Chatsworth Avenue. This wider expanse will create better visibility for drivers of vehicles leaving 40 North Chatsworth Avenue, thereby reducing the risk of collisions. The Supervisor asked for comments. Councilwoman Wittner asked if the splay of the driveway plus the six feet equals a total of 26 feet, are we then taking away another parking space. Supervisor O'Keeffe said the driveway is 12 feet not 14, and therefore it won't change our calculation. Mr. Gere, 40 No. Chatsworth, said he spoke to someone in the Highway Department who told him the average driveway is 15 to 18 feet wide. He said two members of the Traffic Committee had recommended this change based on observations they had made while visiting the site in question. November 20, 2002 The Administrator noted there was an illustration included in the board packet which outlines the splay. Supervisor O'Keeffe said she had driven by the site twice, it appears visibility is hindered on the left, which seems more dangerous. Councilman Odierna said since parking is precious, maybe there should be six feet allowed on the one side and none on the other. He said he had inquired about there being a regulation on a three foot buffer on the sides of driveways and there was no such regulation in the code. Richard Mari, a member of the Traffic Committee, said the safest place to exit the driveway is from the middle, as there is heavy traffic coming from both directions. If an SUV parks there it totally will blind them, which is why the recommendation was made. Following further discussion, on motion of Councilwoman Wittner, seconded by Councilman Odierna, the hearing was declared closed. On motion of Councilwoman Myers, who outlined the law state 4 % feet from each side as measured from the splay, giving a total of 26 feet, thus removing nine feet of parking space, this was seconded by Councilman Odierna, and the following Local Law was adopted: Local Law No. 12-2002 This local law shall be known as the "No Parking Near 40 North Chatsworth Avenue" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The purpose of this local law is to create a no parking zone around 40 North Chatsworth Avenue as a means of improving sight lines at that location and thereby improving safety. The Town Board finds that this stretch of North Chatsworth Avenue has a particularly high volume of traffic and also is on the slope of a hill. Due to the change in grade, the speed of traffic along this stretch of North Chatsworth Avenue heading toward the Village of Larchmont tends to increase, making it more difficult for that traffic to slow down as vehicles leaving 40 North Chatsworth Avenue enter into the lanes of traffic on North Chatsworth Avenue. A solution to this problem is to create a "no parking" zone along each side of the driveway serving 40 North Chatsworth Avenue. This wider expanse will create better visibility for drivers of vehicles leaving 40 North Chatsworth Avenue, thereby reducing the risk of collisions. Section 2 - No Parking: (a) Parking on the east side of 40 North Chatsworth Avenue for a distance of four and one half(4 %) feet north of the point where the north side of the driveway for the property known as 40 North Chatsworth Avenue meets the roadbed of North Chatsworth Avenue is prohibited. (b) Parking on the east side of 40 North Chatsworth Avenue for a distance of four and one half(4 %) feet south of the point where the south side of the driveway for the property known as 40 North Chatsworth Avenue meets the roadbed of North Chatsworth 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 painted on the surface of North Chatsworth Avenue indicating the area where parking is prohibited. 2 November 20, 2002 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 resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye O'Keeffe - Aye Wittner - Nay AMENDMENT TO TOWN CODE - CODE OF ETHICS, SENSITIVE POSITIONS 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, November 20, 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 "Addition of Members of the Board of Architectural Review to the list of Sensitive Positions" Law. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the hearing was declared open. Mr. Maker explained the members of the Board of Architectural Review were not included in the definition of sensitive position in the Ethics Law, this law would rectify that omission. The Supervisor asked if there were any comments, there being none, on motion of Councilman Odierna, seconded by Councilwoman Seligson, the hearing was closed. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board finds the adoption of the proposed local law will constitute a Type II action under the New York State Environmental Quality Review Act (SEQRA); and BE IT FURTHER RESOLVED, that the Town Board hereby declares itself to be lead agency with respect to the proposed action. The above local law was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3 November 20, 2002 On motion of Councilman Odierna, seconded by Councilwoman Wittner, the following Local Law was adopted: Local Law No. 11 -2002 This local law shall be known as the "Amendment to the Definition of "Sensitive Position" in the Code of Ethics of the Town of Mamaroneck" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: The Town Board is considering legislation that would create the position of alternate member for both the Planning Board and the Board of Appeals. The Town's current definition of"Sensitive Position" in the Code of Ethics includes the regular members of these boards. Hence if the legislation creating the position of alternate members for those boards is enacted, those positions should also be included within the definition of"Sensitive Position". That is what this legislation does. In addition, this local law adds two other job titles ----the Director of Building Code Enforcement and Land Use Administration and the Assistant to the Town Administrator ----to the definition of "Sensitive Position". Section 2 -Amendment to the Code of the Town of Mamaroneck: Section 17-4 of the Code of the Town of Mamaroneck hereby is amended by deleting the definition of SENSITIVE POSITION contained therein and substituting a new definition of SENSITIVE POSITION which reads as follows: SENSITIVE POSITION -- The following positions entail potential conflicts of interest and are deemed to be sensitive positions: Supervisor, Deputy Supervisor, member of the Town Board, Town Clerk, Deputy Town Clerk, Town Justice, Town Administrator, Assistant to the Town Administrator, Counsel to the Town, Town Prosecutor, Superintendent of Highways, Superintendent of Recreation, Director of Building Code Enforcement and Land Use Administration, Building Inspector, Assistant Building Inspector, Fire Chief, Deputy Fire Chief(s), Fire Inspector, Police Chief, Comptroller, Deputy Comptroller, Director of Public Housing, Public Housing Administrator, Town Engineer or Consulting Engineer, Senior Engineering Aide, Assessor, member of the Board of Assessment Review, Real Property Appraiser, General Foreman, member of the Board of Architectural Review, member of the Planning Board, member of the Board of Appeals, alternate member of the Board of Architectural Review, alternate member of the Planning Board and alternate member of the Board of Appeals. In the event that a new position is created at a later date which the Town Administrator deems to be sensitive, then such position shall be added to this list upon the adoption of a resolution by the Town Board. 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. 4 November 20, 2002 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. Reappointments - Town of Mamaroneck Housing Authority - Cable Board of Control Advisory Committee Town of Mamaroneck Housing Authority On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby reappoint Paul Winick as chairperson of the Town of Mamaroneck Housing Authority, to serve a term of office of five years, effective immediately and terminating September 2007. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Cable Board of Control Advisory Committee On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby reappoint C. Luke Brussel as a member of the Town of Mamaroneck Cable Board of Control Advisory Committee, to serve a term of office of 2 years, effective immediately and terminating November 2004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Presentation - Traffic on Rockland Avenue Ed Clark, Rockland Avenue, said he was here to speak about the traffic situation on Rockland Avenue, which has gotten extremely dangerous. Cars and trucks are flying through our area at speeds well beyond the speed limit. The roads are narrow at certain 5 November 20, 2002 points and have many twists and turns. We have school children, walkers, runners, bicyclists and seniors who utilize the street and there are no sidewalks. There are no signs prohibiting truckers so they now use Rockland as a short cut . The Badger camp section of the road is only 28 feet wide and it is hard for our citizens to pull out of their driveways because of the 30 miles per hour, the same is true at Rockland and Crest as well as on Avon and Mohegan. There are currently two speed signs posted on Rockland, one on Weaver and the other near 1-95. There are none on Avon or Mohegan, over the years most signs have been removed. The Town has painted on the black top the word `slow' but the question is how slow is that. The speed limit must be posted to have any effect. The Village of Mamaroneck has placed seven signs on Baldwin Place from Rockland to Fenimore which state the speed limit is 25 miles per hour. Years ago this was not a problem, now you will see cars crossing double lines to speed past. We would like to see the speed limit reduced to 15 miles per hour from Weaver to a bit beyond Woody Lane. Also signs are needed on both sides of the street. There are contradictory signs there now, one says no through trucking, the other says nothing over five tons allowed. Murray Avenue has a 25 miles per hour speed limit and they have a sidewalk, we have none. We would like a 15 miles per hour speed limit on Avon to Mohegan. The Supervisor asked if there are many trucks. Mr. Clarke replied yes, adding there are many accidents around the curve near the Carpino house. Mr. Clarke then presented Supervisor O'Keeffe with a petition requesting signs and a lower speed limit. Supervisor O'Keeffe asked the Town Attorney to research the law regarding the signs, and the matter will be given to the Traffic Committee for their review and recommendations. The Supervisor then read a letter into the record: Jane Trenholm 117 Rockland Avenue People come up Rockland past the hairpin turn and do not realize that when they are going down toward Eton, how fast they are going. We should have a three-way-stop at Eton or Avon and another at Winged Foot and Rockland. This would slow up the traffic a whole lot. The police are welcome to park in my driveway out of sight of the cars and watch how fast the cars go. Two months ago a beautiful German shepherd was hit by a speeding truck and killed. I no longer have a dog because I do not want to walk a dog in the street like Rockland. Regards The Supervisor added Ms. Trenholm had stopped by her office to recommend more enforcement in the area, she will talk to the Police Chief, and request the radar machine be place there too. Carol Shields, 127 Rockland Avenue, said they have lived here since 1963, back then it was like living on a country road, now cars speed by going up to 50 to 60 mile per hour. She suggested speed bumps be installed and that all parking be banned on Rockland. Paul Collins, 90 Rockland Avenue, said he had written two letters to Mr. Altieri to no avail. The cars are speeding up to 70 miles an hour. He had requested stop signs, there is a safety issue as the street has become a raceway. Enforcement is needed to bring people into line. If the Town needs money all they have to do is start giving out tickets. 6 November 20, 2002 Mr. Altieri replied the County and State Department of traffic have determined for many reasons not to do speed bumps, if necessary it would be better to have dips. Councilwoman Myers stated the two stop signs which were placed on Harmon and on Barnard has slowed down the traffic. The Supervisor reiterated this matter will be referred to the Traffic Committee and they would be meeting next in December. Sally Hilliard, 123 Rockland, said this is a matter of safety. Her home has a hidden driveway with a big slope, when pulling out its very dangerous. The Board should consider putting in stop signs where there is no site line. Mark Hershel, 8 Avon Road, said he has lived here five years, and his wife had started writing letters regarding buses doing 40 mph on Rockland one month after moving in. There needs to be a reduction of through traffic -tree trucks are using the streets and completely avoiding safety Mr. Hershel said the residents there are looking for stop signs, speed bumps, and any other means necessary to stop this situation. We need more answers. Matt Skilman, 101 Rockland, said he bicycles and the cars just speed by him. The situation is horribly dangerous. He has lived there for one and a half years and was appalled within the first week. All they are asking for is a reasonable response, something needs to be done. Councilman Odierna said the Board needs to get a better sense of which solutions would be best and the Traffic Committee will help by making recommendations. John Collins, Rockland and Jim Hollenberg, 44 Rockland, also spoke on the need for stop signs, lower speed limits, and less trucks passing through. The Supervisor said she had grown up on Weaver Street and knows how it has changed. She will try to get the radar machine there, talk to the police about enforcement and refer the matter to Traffic, but appreciates their concern. 3. Update - Inflow & Infiltration Remediation PRIVATE SANITARY SEWER INFLOW REMEDIATION Mr. Altieri explained this is an updated summary of our remediation program to remove storm water from private sanitary sewer systems. December 31, 2002, is the deadline for completion of the program and as of November 15, 2002, we have removed 116,700 gallons of storm water inflow or 92.47% of identified flow in the New Rochelle sewer district. This means that we have exceeded the requirement for storm water removal in the New Rochelle sewer district as per the consent order. In the Mamaroneck sewer district the Town has removed 105,500 gallons of storm water or 89.79% of the identified flow into private sanitary sewer systems. As in the New Rochelle sewer district, we are required to remove 90% of the storm water flow as identified by the County of Westchester. Therefore, it is highly unlikely that we will not meet the 90% goal in the Mamaroneck sewer district by December 31, 2002. In December, the Town will file its final quarterly report with Westchester County and there will subsequently be a meeting between the Town and the County to discuss the results of the I & I program. They then discussed different aspects of the mandate, with a request being given to the Town Attorney to look up the relevant regulations for septic systems, since Councilwoman Wittner said there has been a question of septic leaching into the Premium River. Councilwoman Seligson congratulated the Administrator and staff for accomplishing this so far ahead of everyone, as did the Supervisor. 7 November 20, 2002 4. AUTHORIZATION - TRANSFER OF FUNDS The Administrator explained authorization is requested to appropriate excess revenues ($11,525 - insurance recoveries) in the General Fund - Part Town and transfer to the Capital Fund for Project#22-03, Purchase of Vehicles. On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby authorize the Town Comptroller to transfer$11,525 (insurance recoveries) in the General Fund - Part Town to the Capital Fund for Project#22-03, Purchase of Vehicles, account# H-3120-5004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 5. SALARY AUTHORIZATIONS - Comptroller's Office - Recreation On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby authorize the payment of salary to Carolyn Pagliaro, in the amount of $35,000, for her services as cashier, effective November 21, 2003. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 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: Michael Chiapparelli, Director, Youth Hockey Program, $4,050/season (11/9/02 to 3/8/03), Instructor, Youth Hockey Program, $17/hour, eff. retroactive to 11/9/02. James Erdman, Assistant Director, Youth Hockey Program, $1,200/season (11/9/02 to 3/8/03), Instructor, Youth Hockey Program, $17/hour, eff. retroactive to 11/9/02. Wendy Korotkin, Instructor, Youth Hockey Program, $13/hour, eff. retroactive 11/9/02. Michael S. Chiapparelli, Assistant Instructor, Youth Hockey Program, $5.00/hour, eff. 11/9/02. Frankie Commrade, Assistant Instructor, Youth Hockey Program, $6/hour, eff. retroactive to 11/9/02. Peter Delvito, Assistant Instructor, Youth Hockey Program, $6/hour, eff. retroactive to 11/9/02. Alex Eney, Assistant Instructor, Youth Hockey Program, $5.50/hour, eff. retroactive to 11/9/02. George Holton, Assistant Instructor, Youth Hockey Program, $5.50/hour, eff. retroactive to 11/9/02. Joseph Mauro, Assistant Instructor, Youth Hockey Program, $7/hour, eff. retroactive to 11/9/02. Mark Merl, Assistant Instructor, Youth Hockey Program, $5.50/hour, eff. retroactive to 11/9/02. Michael O'Byrne, Assistant Instructor, Youth Hockey Program, $5.50/hour, eff. retroactive to 11/9/02. Peter O'Byrne, Assistant Instructor, Youth Hockey Program, $6.50/hour, eff. retroactive to 11/9/02. Mark Poniros, Assistant Instructor, Youth Hockey Program, $6/hour, eff. retroactive to 11/9/02. Kimberly Seedor, Assistant Instructor, Youth Hockey Program, $5.50/hour, eff. retroactive to 11/9/02. 8 November 20, 2002 Peter Smith, Assistant Instructor, Youth Hockey Program, $5/hour, eff. retroactive to 11/9/02. Scott Smith, Assistant Instructor, Youth Hockey Program, $6.50/hour, eff. retroactive to 11/9/02. Jeff Warren, Assistant Instructor, Youth Hockey Program, $7.50 hour, eff. retroactive to 11/9/02. Tamara Muscarell, Alternate Swim Instructor, Hommocks Pool, $18/hour, eff. 11/16/02. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Approval of Minutes - October 2, 2002 - October 24, 2002 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the Board minutes from the meetings of October 2 and October 24, 2002 as amended. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye TAKEN OUT OF ORDER 1. Fire Claims: - NONE Commissioner Wittner made mention of the blood bank drive on December 3 at the Weaver Street Firehouse beginning at 5 PM. Commissioner O'Keeffe thanked the Explorers for hosting the dinner at the firehouse. It was very good. There being no further business to come before the Commission, on motion of made and seconded, the Commission unanimously adjourned at 10:22 PM. PROCLAMATION PROCLAMATION WILLIAM "BILL" O'GORMAN WHEREAS, Volunteers have willingly and enthusiastically given their time and talents to the Town of Mamaroneck; and WHEREAS, Bill O'Gorman and his wife Carol have been residents of Larchmont since the 1940's; before the Thruway was built and when the Gardens Lake and Harmon Drive were intact; and WHEREAS, Larchmont Gardens Association was re-activated in the late 1980's, and Bill was one of the "refounders" and has been a mainstay of the organization ever since. 9 November 20, 2002 WHEREAS, in his quiet, but consistent way, Bill has served the public over his lifetime, a rare quality which his family, and friends all admire; and WHEREAS, While Bill's departure from our community leaves us with a deep sense of loss, it also provides us the opportunity to grow and build upon the good will and sense of community he has instilled in all those who were fortunate enough to work with him. NOW THEREFORE, BE IT RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor, and the Members of the Town Council of the Town of Mamaroneck wish Bill and his wife Carol all the best as they go forward to another lucky community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 19th day of November 2002. SUPERVISOR REPORTS Was at a County meeting where they spoke on the sales tax provision being requested by the County to the State, and their refusal. It appears three of the four cities will go along with the changes, but it was pointed out that richer people will pay more than poor people. There was also a discussion on the impacts should there be revaluation to property. The economy is not great and this will cost a lot of money, the timing may not be right, even though it is frustrating to see the inequities. The County Executive also spoke on regional planning, and inflow/infiltration, as well as the budget. He has requested amending the County Code to show more clearly on tax bills the Medicaid costs. The way it is shown there is no way of seeing the apportionment. Councilwoman Wittner said if you log onto www. Larch montgazette.com, it gives a good breakdown of taxes. Supervisor O'Keeffe said she had attended the Larchmont Gardens Civic Association meeting last night, had a good time, Betty Miller, President was a gracious hostess. REPORTS OF COUNCIL Councilwoman Wittner said she had attended the Larchmont Seniors Bazaar on Saturday, it was wonderful. Councilman Odierna said he had a great time this past Sunday skating with his grandkids and Scooby Doo. Jill Fisher, the Superintendent of Recreation was in negotiations for an electronic score board with Pepsi Cola. Councilwoman Myers said the Larch mont/Mamaroneck Youth Council were volunteers at the bazaar, they did all the cleaning up, it was a lot of work and she thanked them all. She would be attending the BAR meeting tomorrow evening and Traffic had been cancelled due to a lack of applicants. Councilman Odierna said the stuff was great at the bazaar and his wife had bought a lot of stuff, next years bazaar will be their 30th anniversary. He had attended the Human Rights meeting and they were making good progress on the Martin Luther King celebration to be held at the Emelin Theater on January 15. Councilwoman Seligson said her meetings were superceded by the Town Boards. She commended the Supervisor for her great hosting of the Westchester Municipal Officials dinner. 10 November 20, 2002 ADJOURNMENT The Supervisor said that the next scheduled meetings would be December 4 and December 18, 2002, noting the Floor Area Ratio law will be discussed at the December 4t" meeting. On motion of Councilwoman Wittner, seconded by Councilman Odierna the meeting was adjourned at 10:50 PM. Submitted by Patricia A. DiCioccio, Town Clerk \\Clerkserver\server\Documents\Minutes\2002minf\11-20-02x.doc 11