Loading...
HomeMy WebLinkAbout2003_03_19 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 MARCH 19, 2003 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 8:15 PM, who then pointed out the location of exits. PUBLIC HEARING - Parking Prohibition on Huguenot Drive The following Public Hearing Notice was placed into the record. PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, March 19, 2003, 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 "Parking Prohibition - Huguenot Drive" Law. The purpose of the law is to limit parking on Huguenot Drive to Two hours, Monday through Friday except holidays. The full text of this Local Law may be examined and copies obtained at the Town Clerk's Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was declared open. Councilwoman Myers explained residents from that area have noticed an increasing number of commuter cars are parking all day long, which are causing safety concerns. They came to a Traffic Committee meeting to ask for relief and since we are unable to impose a resident only parking law, the Traffic Committee recommended implementing limited parking for two hours. The Supervisor asked if anyone wished to speak in favor of the proposed law. Susan Harris, 4 Huguenot Drive, said she was indifferent as to what is implemented as long as some measures are taken. This is a safety issue, it is causing a problem turning onto Huguenot Drive. Her husband was almost hit. Also the leaf piles seem to stay forever. Thelma Kahn, 10 Huguenot Drive, asked why the law stops on Normandy Road. Won't the commuters just move up? She was concerned with a sign being placed in front of her house. March 19,2003 Terry Kahn, 7 Huguenot Drive, said Normandy Road is where many children play. If the commuter cars decide to move up to that street, it could be a concern. Some restrictions should be put on Normandy Road too. Councilwoman Myers explained before imposing further restrictions they wanted to see if commuters would move up to another area. Supervisor O'Keeffe wanted to know if there was any parking hardship for the residents in the area. Ms. Harris replied there was no problem with parking for them. Then the Supervisor asked if anyone was against the proposal. Allan Paley, 9 Huguenot, said he was in favor of some prohibition, it is a busy street with a busy walkway. It also has odd physical features: being quite narrow, near an island and where cars are parked. Why restrict it to only two hours, there are many single lane driveways and people tend to need more than two hours if working in houses? The law should be structured more like the one on Edgewood. The Supervisor asked if anyone knew how many commuter cars are parking there. Mr. Paley said he thought it might be three or four, and they are parking in the worse possible places - near the corner. Susan Harris, disagreed and said there were at least six to eight commuter cars. Steve Halperin, 16 Huguenot, said the sign should be on the alternate side of the street which would keep commuters out and would have the least impact on residents. Normandy Road has the same problem. There was a letter from Lori Rotskoff and Michael Canter, 12 Huguenot Drive, read into the record by Councilwoman Seligson: Letter at end of minutes. Councilman Odierna said he did not agree that alternate side parking would be a good solution. Councilwoman Wittner said she did not think this law was ready to be adopted. There was then a discussion on different ideas that could be tried and it was decided to table this for further review. Armand Sinolfi, 51 No. Chatsworth Avenue, said he had been living here for 31 years and there has been two hour parking for 20 years but the police don't enforce it, he knows they are busy. After numerous residents spoke, the Board determined that the issue required further study and more data gathering. The public hearing was adjourned and will reconvene on April 22, 2003. TREE PERMIT APPEAL - 7 Durham Road Mark Jacoby, 5 Durham Road, said he has lived here for 30 years and has watched the Sether Home at 7 Durham Road being leveled by developers, and now construction, appealed to the Board to overturn a decision of the Tree Preservation Commission which approved a permit to remove a tree on the property at 7 Durham Road. The new building is high and almost complete, this single tree provides a buffer zone and softens the neighborhood. He passed out pictures showing the tree and the house along with other homes with similar layouts. He disagreed that the decision made by the Tree Commission met the criteria of the law. Al Trotta of Jary Builders, Purchase, New York, said he had bought and constructed the house with the intention to keep the tree, and to put in ten to fifteen more. When building the roof they were pruning the tree and were told to stop, a tree expert came, it was his 2 March 19,2003 opinion the tree only had a 50/50 chance of survival, and a good chance the tree could go into shock. Councilwoman Wittner asked what precautions were taken to protect the tree. Al Trotta (Jary Builders), replied the tree had been pruned and cut back, but if they had heavily mulched the tree, they would not have been unable to construct the front of the house. He then suggested trying to prune and cut the tree back to see if would survive. Ron Carpaneto, Director of Buildings and member of the Tree Committee, said he thought the tree would not survive even with pruning. The Supervisor stated that must be why there was a reasonable basis to grant the permit. There was discussion on the ramifications of pruning, cutting the tree back and various other methods of ensuring its survival. It was decided the permit would not be issued pending a meeting between Mr. Jacoby, the builder, and the owner of the property. A final determination will be made at the Board meeting scheduled for April 2, 2003. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 10:10 PM on motion of Commissioner Wittner, seconded by Commissioner Seligson. 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's 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 as amended: AT &T 122.58 Avaya Communications 30.45 Atlantic Westchester Inc. 583.96 Carrot-Top Industries 278.00 Excelsior Garage & Machine Works, Inc. 114.99 911 Wear Inc. 444.96 Nysafc 455.00 Printwear 169.00 Sound Shore 105.00 T.C.D. 229.75 TOTAL $2,533.69 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3 March 19,2003 There being no further business to come before the Commission, on motion of Commissioner Seligson, seconded by Commissioner Odierna, the Commission unanimously adjourned at 10:12 PM. AFFAIRS OF THE TOWN 1. Appointments - Town Prosecutor - Board of Assessment Review TOWN PROSECUTOR Susan G. Fiore, was appointed Town Prosecutor replacing John Dorf, who resigned from the position. Ms. Fiore is a graduate of New York Law School and has served as an Assistant District Attorney in the offices of the Special Narcotics Prosecutor of the New York County District Attorney's Office. She also served as a litigation associate for several private law firms. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby appoint Susan G. Fiore as Town Prosecutor at a stipend of$175 for each court appearance and $75 per hour for work outside of court appearances, effective immediately. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye BOARD OF ASSESSMENT REVIEW On motion of Councilwoman Myers, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby reappoint Jane Eney as a member of the Board of Assessment Review, to serve a term of office of five years, retroactive to October 2002, expiring September 2007. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Authorization -Westchester County Tax Warrant On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby authorize the Town Supervisor to execute the Tax Warrant for the County of Westchester which reads as follows: STATE OF NEW YORK 4 March 19,2003 COUNTY OF WESTCHESTER TOWN OF MAMARONECK THE PEOPLE OF THE STATE OF NEW YORK To Raymond Bingman, Receiver of Taxes of the Town of Mamaroneck in said County: You are hereby commanded pursuant to the provision of the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 19, 2003, by authority of Chapter 313 of Laws of 1934, to receive and collect from the several persons named in the Assessment Roll hereunto annexed by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, for the neglect to pay the Judicial, County, Town and Town District Taxes, charges for services, exemptions removed, and water arrears after the levy thereof as follows: Judicial and County Taxes $30,202,119.00 Town and Town District Taxes 14,246,590.00 Charges for Services - 0 Exemptions removed - 0 Water arrears - 0 $44,448,709.00 And you are hereby directed to deposit to the credit of the Town of Mamaroneck in the Bank of New York, County Trust Region, all of such monies so collected by you by virtue of this warrant. And you are further commanded to make and file with the undersigned, the Supervisor of the Town of Mamaroneck, as required by the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended. And in case any person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties (after giving the notices and waiting the time as specified in said Act) you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, and for so doing this shall be your sufficient warrant. Given under my hand and seal at the Town of Mamaroneck, Westchester County, New York, on the 19th day of March 2003. Signed by: Valerie Moore O'Keeffe, Supervisor 3. Authorization -Ambulance Service Fees Mr. Altieri explained the increase to ambulance fees was unanimously approved by the Ambulance District Board on October 30, 2002. The increase is necessary to keep our fees competitive and allow for the maximum reimbursement rates from Medicare and insurance companies. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the increase to ambulance fees as follows: 5 March 19,2003 Current Proposed BLS Emergency $250.00 $325.00 ALS Emergency $375.00 $400.00 ALS II Emergency $0 $575.00 Mileage $7.50 $7.50 Oxygen $40.00 $40.00 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Authorization -Volunteer Ambulance Corps Agreement On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the agreement between the Town of Mamaroneck Ambulance District and the Volunteer Ambulance Corps of the Unincorporated Town and Village of Larchmont for a two year period commencing on February 1, 2003 and ending January 31, 2005; 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. Report of Bids - Contract TA-03-02 - Grass Maintenance - Landscape Maintenance - Cemeteries/Road CONTRACT TA-03-02 - GRASS MAINTENANCE Mr. Altieri explained the Town had opened bids for grass maintenance at Hommocks field and Hommocks pool. The contractor winning the bid is required to provide a cleanup of the both sites before April 30, 2003. Grass cutting is to be performed at no less than three time each month seasonally, and must provide a fall cleanup. We will also outline the times of day the jobs are to be performed to ensure no interference with other programs. Bid Results were as follows: Name of Bidder Address 2003 2004 Tony Corvino Landscaping Rye, NY $8,730.00 $8,730.00 Pasquale Ferraro Brewster, NY $8,900.00 $8,900.00 Ron Vitti Turf& Landscaping Mamaroneck, NY $10,750.00 $11,750.00 TruGreen Land Care New Haven, CT $10,975.00 $10,975.00 Carino Management New Rochelle, NY $16,750.00 $14,200.00 6 March 19,2003 Acocella Landscaping Scarsdale, NY $14,800.00 $15,500.00 On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board hereby authorizes that Contract TA-03-02 for Grass Maintenance at Hommocks Field and Hommocks Pool be awarded to Tony Corvino Landscaping, the lowest responsible bidder, for them to provide a spring cleanup of the two areas before April 30, 2003; and BE IT FURTHER, RESOLVED, this is a two year contract covering 2003 and 2004 for a total of$8,730 for each year; and BE IT FURTHER, RESOLVED, that the Administrator is hereby authorized to execute said contract 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 LANDSCAPE MAINTENANCE - CEMETERIES/ROAD Bid results are as follows: NAME MTHLY SVC 2003 SPRING FALL MTHLY 2004 FALL CLEANUP CLEANUP SVC SPRING CLEANUP CLEANUP Acocella Landscaping $1,025 $950 $950 $1,065 $995 $995 Patsy Matera Landscaping $3,995 $4,860 $6,210 $5,100 $4,200 $6,525 On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board hereby authorizes that the contract for Landscape Maintenance of Cemeteries/Road be awarded to Acocella Landscaping, the lowest responsible bidder, to maintain the eight Town cemeteries and thirty-two various locations throughout the Town for a total cost of $10,000 in 2003 and $10,500 in 2004; and BE IT FURTHER, RESOLVED, that the Administrator is hereby authorized to execute said contract 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 6. Authorization -Westchester Joint Water Works Capital Project Al2-7 On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was 7 March 19,2003 RESOLVED, that the Town Board does hereby approve Project 2003-J.3 which relates solely to the engineering services required to study the relocation of the caustic soda facility from Shaft 22 to the Larchmont Plant and the renovation of the existing Larchmont Plant facility; and BE IT FURTHER, RESOLVED, that the total cost is $100,000, of which the Town's share of the project cost is not to exceed $20,700. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 7. Authorization - Planning Services Agreement Mr. Altieri, in a communication, outlined the Planning Study to be performed on the Boston Post Road by Buckhurst Fish & Jacquemart. There are different phases and a cost breakdown for each: Analysis of Existing Conditions $1,500.00 Meeting with Owners/Prospective Developers 1,500.00 Memorandum on Zoning Options 3,000.00 Proposed Text 2,500.00 Subtotal $8,500.00 Following discussion, on motion of Councilwoman Myers, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the Planning Study Agreement between the Town and Buckhurst Fish & Jacquemart, Inc. to conduct a zoning study of the Boston Post Road at a cost not to exceed $8,500; and BE IT FURTHER, RESOLVED, that the Town Administrator be hereby authorized to sign the agreement on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ADDED ITEM Authorization -Amend Meeting Date for April 16, 2003 Town Board Meeting On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, it was 8 March 19,2003 RESOLVED, that the regular meeting of the Town Board which was scheduled for Wednesday, April 16, 2003 will be held on Tuesday, April 22, 2003 in the Court Room of the Town Center, 740 West Boston Post Road, Mamaroneck at 8:15 PM. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 8. Salary Authorizations - Paramedics Recreation PARAMEDICS RESOLVED, that the Town Board does hereby authorize the increase to the hourly paramedics rates from $18.50 to $20.50 per hour, retroactive to January 1, 2003 as follows: Current Rate New Rate Retro Rate Ballantyne, Mark $18.50 $20.50 $2.00 Baumblatt, Richard $18.50 $20.50 $2.00 Bellingham, Phillip $18.50 $20.50 $2.00 Burrell, Marc $18.50 $20.50 $2.00 Carcano, James $18.50 $20.50 $2.00 Cecere, Nick $18.50 $20.50 $2.00 Cunningham, John $17.50 $20.50 $2.00 Off probation 3/4/03 Dayton, Laura $17.50 $20.50 $2.00 Off probation 3/4/03 Fenton, James $18.50 $20.50 $2.00 Formaro, Giovanni $18.50 $20.50 $2.00 Fragano, Karen $18.50 $20.50 $2.00 Glaessgen, Scott $18.50 $20.50 $2.00 Grande, Donald $18.50 $20.50 $2.00 Lunde, Dennis $17.50 $19.50 $2.00 Off probation 9/2/03 McCauley, Matthew $18.50 $20.50 $2.00 Nadolske, Patty $18.50 $20.50 $2.00 Primrose, Peter $18.50 $20.50 $2.00 Purcell, Daniel $18.50 $20.50 $2.00 Ryder Baumblatt, Lynn $17.50 $20.50 $2.00 Off probation 3/4/03 Smith, Robert $18.50 $20.50 $2.00 Werner, Richard $18.50 $20.50 $2.00 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye RECREATION RESOLVED, that as provided for in the 2003 Town Budget the Town Board does hereby authorize the payment of salary to the following: 9 March 19,2003 Kristi Schlosser, Skating Instructor, Hommocks Park Ice Rink, $16/session, effective 3/14/03. Shari Ammann, Skating Instructor, Hommocks Park Ice Rink, $16/session, effective 3/14/03. John Damatas, Alternate Supervisor, Open Gym Program, $45/session, effective 3/14/03. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ADJOURNMENT The Supervisor said that the next scheduled meetings would be April 2 and April 22, 2003. The meeting was unanimously adjourned at 10:50 PM . Submitted by Patricia A. DiCioccio, Town Clerk F:1DocumentslM inutes12003minf03-19-03x.doc Letter read into the record by Councilwoman Seligson: To the Town of Mamaroneck Board of Trustees: We have been following with great concern the suggestions of our neighbors to institute parking regulations on Huguenot Drive to eliminate the problem of non-residential commuters parking on our street. We do believe that, at times, these cars pose a safety hazard to drivers and pedestrians. However, as we have written in previous letters to the Town of Mamaroneck Traffic Committee and mentioned in our comments at a recent Traffic Committee meeting, we believe that any potential regulations should be devised so as to post the absolute minimum inconvenience to street residents. For us residents who need to use the street during the day- due to narrow driveways that do not accommodate several cars and drivers making their daily rounds with children in tow- and for residents who have household employees, workmen, friends and visitors who need to park on the street, we need to devise parking restrictions that do not place an unnecessary burden on our daily lives. If the situation were to remain as it has been for the past several months - generally with one or two commuters parked at the very base of Huguenot Drive - we would prefer that no restrictions be instituted. (We would feel differently if more were to begin to park there). Yet, given the determination with which other neighbors have fought to institute them (if it is, in fact, a "done deal") we request sure that the regulations be devised so as to pose the least possible inconvenience. We want to be sure that any new regulations do not cause problems for us - and, more importantly - do not unduly increase our own exposure to the regrettably dangerous conditions caused by speeding cars up and down the street(which would 10 March 19,2003 result from the need to play "musical cars,"moving our cars simply to avoid tickets.) We have learned of a recent proposal to institute a "Two Hour Parking" limit on Huguenot Drive up to the intersection of Normandy Road. We believe this is a bad proposal that will not solve the problem of commuter parking on our street while creating an unnecessary burden for us and other residents. Based on our careful observation and anonymous written communication with some of the offending commuters who regularly park on Huguenot, we believe that these individuals will simply park on our street at the closest place that is legally available to them. If they cannot park in front of the first five or so houses on Huguenot, they will simply make their way up the street and park in front of our house - or in front of our neighbors' Therefore we suggest that the entire street-perhaps all the way up to Mountain Avenue, be restricted, to prevent people from parking along the turn after Barnard Road. It is not fair for an y regulations simply to "move" the problem from one segment of the street to another. Indeed, it is impossible to predict in advance just how far these commuters will, or will not, be willing to walk to and from the train station. Moreover, there is absolutely no need to institute a two-hour restriction. In a word, this is overkill. A six-hour time limit would easily solve the problem of all-day commuter parking. This window of time is less onerous for residents and their guests and employees. While Lafayette Road has a two-hour limit in place, we do not believe that it is an appropriate or necessary restriction for Huguenot Drive and should not be considered an ideal model. If it is somewhat more difficult for policemen to enforce a six- hour limit, this fact should not be a primary criteria for deciding on the regulations - because in fact, these rules are being used primarily as a deterrent- to prevent unwanted cars from parking here in the first place. In cases of commuters who disregard the signs, Huguenot Drive residents can then notify the police of the offending cars, and they can "chalk" the tires accordingly. The goal is to keep away non-resident commuters - not to keep Huguenot Drive clear of all cars or to ensure parking turnover(as in the case of shoppers'parking in town, which is often limited to two hours.) In short, we are in favor of the most generous time restrictions that will nonetheless "weed out" the vast majority of commuters. We also ask the town what can be done in the case of residents who have household employees and caregivers who drive to work and stay longer than six hours. It is simply not feasible for our employees'cars to block access to our garage during the day, our own cars are used to transport our children to and from school and activities. This is another reason why two or even four hour limits are not feasible for us or not many of neighbors. Certainly, we all have friends, workmen, and other visitors who should not need to worry about unnecessarily strict parking regulations. It is not feasible for parents or caregivers taking care of young children alone during the day to go out and move cars - in all kinds of weather- simply to avoid a ticket. We all need to utilize street parking for our own purposes without worrying about getting ticketed and paying fines to the town where we are already paying high taxes to live here. We regret that our travel plans prevent us from attending the Town board meeting on Wednesday, March 19, 2003, and so we are sending this letter so that it may become part of the record. Please notify us as to any further discussion on this issue, the dates of any further meetings or hearings where the issue will be discussed, or if we are requested to speak further about the matter. 11