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HomeMy WebLinkAbout2003_09_16 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 SEPTEMBER 16, 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 There was a reception in the Lobby of Town Center at 7:30 PM in honor of Kathleen Kopa, Director of Community Services and Section 8 Housing who was retiring 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 HEARING - Rock Removal 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, September 16, 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 Extending the Moratorium on the Boston Post Road. The purpose of this local law is to resolved methods, dates and times of rock removal in the Town of Mamaroneck. The Supervisor asked if anyone wished to comment on the proposed law. Susan Leon, 21 Howell Avenue, said she was pleased to learn the Town was planning to regulate this problem, but the proposal seems inadequate. She understands there is a balance, but it should include notification in writing to the neighbors of where and when work is to be done. This is important especially when people are holding events. Since the work is done by commercial contractors, the burden should be on them. A penalty of$250 is ridiculous. They can easily afford that amount. Eight times that amount seems fitting. She added that the people moving into this property are hated and they haven't even moved in yet. There has to be provision of a time limit, say three hours, then a break. Neighbors visited with the contractor and spoke to him when they started at 7:00 AM. Supervisor O'Keeffe said she understood how nerve wracking the noise is; then reiterated the points Ms. Leon had spoken of: increased fines, notification, and imposition of mandatory breaks. September 16, 2003 The Board then discussed various issues, length of time before notification, amount of the fines, whether neighbors within 200 or 400 feet should be notified, and who should be responsible for the notifications. A resident of this area said he knows that one property on another street had been developed with extreme annoyance to his neighbors and afterwards he sold it, never had any intention of becoming part of the Town. George Roniger, said he seconded everything the Board intends to do. Notification is helpful. The first time this happened in his neighborhood he had no idea what was happening. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the hearing was unanimously adjourned to October 15, 2003 PUBLIC HEARING -Amendment to Chapter 147 - Parking lots 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 Tuesday, September 16, 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 the correction of a local law entitled "Correction of Local Law No. 5 -2002 of the Town of Mamaroneck". In April of 2002, the Town Board updated its law regarding town-owned parking lots by enacting Local Law No. 5 -2002 which recodified Chapter 147 of the Code of the Town of Mamaroneck. Included in the recodification was an updated schedule of fines for violations of Chapter 147. Inadvertently, in one section of the new Chapter 147, specifically section 147-16, the fines were not updated. This local law corrects that error. PLEASE TAKE FURTHER NOTICE, that at said Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments prior thereto. Mr. Maker explained there was a mistake made when increasing the fines for parking to $15, whereby one of the sections left in a fine of$10.00; this amendment would correct the error. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the public hearing was unanimously opened. The Supervisor asked if anyone wished to speak on this matter. Councilwoman Wittner suggested that the Board take a look at the schedule of fines for review. Thereafter, there being no further comment, on motion of Councilwoman Wittner, seconded by Councilman Odierna, the hearing was closed. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board of the Town of Mamaroneck does hereby find the amendment to Chapter 147 a Type 2 action. 2 September 16, 2003 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the following local law was adopted: Local Law No. 18-2003 This local law shall be known as the "Correction of Local Law No. 5-2002 of the Town of Mamaroneck" Law. (Correction to Parking Fine) BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 - Purpose In April of 2002, the Town Board updated its law regarding Town-owned parking lots by enacting Local Law No. 5-2002 which recodified Chapter 147 of the Code of the Town of Mamaroneck. Included in the recodification was an updated schedule of fines for violations of Chapter 147. Inadvertently, in one section of the new Chapter 147, specifically section 147-16, the fines were not updated. This local law corrects that error. Section 2 -Amendment to an Existing Section of the Code of the Town of Mamaroneck Section 147-16 of the Code of the Town of Mamaroneck hereby is amended by deleting it in its entirety and substituting the following in its place: "§ 147-16. Penalties for offenses. Any person 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 fifteen dollars ($15.). 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 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 may be implemented without the invalid or unconstitutional provisions. Section 4 - Effective Date This Local Law shall become effective on the date that it is filed in the office of the Secretary of State. Local Law No. 17 -2003 3 September 16, 2003 This local law shall be known as the "Correction of Sackett Circle to Sackett Drive" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose On April 22, 2003, the Town Board enacted Local Law No. 10-2003 which created a seasonal no parking zone. The street referred to in the statute is "Sackett Circle" when, in fact, the street on which the Town Board intended to create a seasonal no parking zone is "Sackett Drive." This local law corrects this error. Section 2 -Amendment to an Existing Local Law of the Town of Mamaroneck Local Law No. 10-2003 of the Town of Mamaroneck hereby is amended by deleting the word "Circle" from sections 1, 2 and 3 thereof and substituting the word "Drive" wherever the word "Circle" appears in those sections. 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 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 Wittner - Aye O'Keeffe - Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 9:15 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 Odierna presented fire claims for authorization of payment , thereafter on CommissionerOdierna'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: 4 September 16, 2003 Aerus/Electrolux 29.99 Excelsior Garage & Machine Works 643.88 Joseph Russo 138.94 Westchester Elevator 170.00 TOTAL 982.81 2. Resolution -Westchester County Mutual Aid Plan In a memorandum from the Administrator it was explained that a request was received from Westchester County asking for a resolution adopting an agreement to participate in the Mutual Aid Plan which was given to all the Board members. Michael Acocella, Fire Chief, said he was in favor of it. He said the plan had been in effect since World War II with a major revision being done in the 1960's. There was a discussion on this plan, then on motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Board of Fire Commissioners of the Town of Mamaroneck does hereby agree to participate in the Westchester County Fire Mutual Aid Plan currently in effect or as may be revised or amended from time to time; and BE IT FURTHER, RESOLVED, the Town of Mamaroneck's Fire Department will cooperate with the development and operation of plans for mutual aid in cases of fire or other emergencies and furnish aid to territories surround the facility as may be practical. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Myers, the Commission unanimously adjourned at 9:45 PM. AFFAIRS OF THE TOWN 1. Authorization - Settlement of Certiorari On motion of Councilman Odierna, seconded by Councilwoman Seligson RESOLVED, that the Town Board does hereby authorize the following settlements of Certiorari as recommended by the Town Attorney: 5 September 16, 2003 CVS Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Revised Reduction Assessment 1998 $64,000 $-0- $64,000 1999 $64,000 $-0- $64,000 2000 $64,000 $7,560 $56,440 2001 $64,000 $16,570 $47,430 2002 $64,000 $23,200 $40,800 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Authorization - Letter of Intent Participation in Long Island Sound Watershed Intermunicipal Council Grant Councilwoman Wittner said in order for there to be a grant application to be submitted by the Town/Village of Scarsdale on behalf of the Long Island Sound Watershed Intermunicipal Council of which the Town is a member for a feasibility study on the creation of an intermunicipal stormwater district, it is necessary for the participants to file a letter of intent. She added the grant application is due on September 30, 2003. It will then take three to six months to hear whether or not it will be funded. She recommended approval of the letter. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the Town Administrator to execute the Letter of Intent regarding the Water Quality Projects in the application for EPF Assistance for Stormwater Phase II Implementation with the Village of Scarsdale. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 3. Set Public Hearings - a) Moratorium Exemption -Village Square Shopping Center b) Amendment to the Zoning Ordinance re: Delete Office Building Zones RESOLVED, that the Town Board does hereby set the date for Public Hearing to hear application for exemption from Village Square Shopping Center for October 1, 2003; and 6 September 16, 2003 BE IT FURTHER, RESOLVED, that the Town Board does hereby set the date for Public Hearing on Amending the Zoning Ordinance to delete office building zones to November 5, 2003; and BE IT FURTHER, RESOLVED, that the Town Clerk be and hereby is authorized to publish the legal notice of Public Hearings in an official newspaper of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Salary Authorizations - a) Highway Department b) Ambulance District c) Recreation Highway Department On motion of Councilman Odierna, seconded by Councilwoman Seligson RESOLVED, that the Town Board does hereby authorize the payment of salary to Alan Casterella in the amount of$56,000, effective September 17, 2003 for his promotion to General Foreman in the Town's Highway Department. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Ambulance District On motion of Councilman Odierna, seconded by Councilwoman Seligson RESOLVED, that the Town Board does hereby authorize the hiring of Jeffrey Casas as a provisional Paramedic for a probationary period of six months at a pay rate of$19.50 per hour. Upon completion of probation, the salary would increase to $20.50. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 7 September 16, 2003 RECREATION On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that as provided for in the 2003 Town Budget the Town Board does hereby authorize the payment of salary to the following: William Reilly, Prog. Supervisor, Men's Basketball, $60.00/session, effective October 9, 3003. Francine Aivaz, Instructor, Women's Evening Fitness, $55.00/session, effective October 7, 2003. Sarah Lanza, Instructor, Women's Morning Fitness, $50.00/session, effective October 8, 2003. Cathleen Scanlan, Lifeguard, $7.25 per hour, effective September 12, 2001. Francine Aivaz, Instructor, Pilates, $30.00/session, effective October 8, 2003. Sarah Lanza, Instructor, Aqua Jogging, $50.00/session, effective October 7, 2003. Suzanne Elson, Instructor, Volleyball, $50.00/session, effective November 19, 2003. William Byron, Program Supervisor, Open Gym, $55.00/session, effective October 24, 2003 Nate Hirshfield, Assistant Supervisor, Open Gym, $45.00/session, effective October 24, 2003. William Byron, Program Supervisor, Teen Center, $45.00/session, effective October 24, 2003. Nate Hirshfield, Assistant Supervisor, Teen Center, $35.00/session, effective October 24, 2003. Francine Brill, Program Aide, Pizza/Bingo, $10.00/hour, effective October 17, 2003. HOMMOCKS POOL Ann Anderson Lifeguard $ 9.75/hour Early Morning Swim Lifeguard $25,00/sess. Cynthia Coppolla Manager $18.25/hour Alternate Early Morning Swim $39.00/sess. Lifeguard Mary Colleary $ Alternate Lifeguard $7.75/hour Alyssa Corning Lifeguard $7.75/hour Marie Dahlgren Key Attendant $9.50/hour Jessica Engstrom Key Attendant $7.50/hour Sammy Fahrbach Lifeguard $ 7.25/hour Brian Fay Eady Morning Swim Lifeguard $25.00/sess. J.C. Heinbockel Key Attendant $7.25/hour Jennifer Heinbockel Alternate Lifeguard $7.50/hour Swim Instructor $18.00/hour John Keenan Manager $15.00/hour Emma Kravet $ Alternate Lifeguard $7.50/hour Patricia Lee Manager $15.00/hour Liz Linsalato Lifeguard $7.75/hour Chris McGrath $ Alternate Lifeguard $8.25/hour 8 September 16, 2003 Barbara Mendes Key Attendant $8.00/hour Frank Miceli Lifeguard $ 9.50/hour Early Morning Swim Lifeguard $25.00/sess Katelyn O'Connor Lifeguard $8.00/hour Swim Instructor $18.00/hour Alex Openheimer Lifeguard $7.50/hour Wayne Pollak, Jr. Lifeguard $10.25/hour Jeffrey Santorsola Alternate Manager $15.00/hour Patrick Saparito Key Attendant $7.50/hour Connor Scanlan Lifeguard $8.00/hour Alternate Swim Instructor $17.00/hour Cindy Scholz Lifeguard $8.00/hour Katherine Spader Lifeguard $7.75/hour Alternate Swim Instructor $17.00/hour Courtney Steers Lifeguard $7.75/hour Emily Steinnagel Lifeguard $8.00/hour Swim instructor $18.00/hour SKATING SCHOOL Alana Kelton Director *$16,000 Sahra Abid Instructor $15.00/class Sherry Ammann Instructor $16.00/class Kathy Bird-Loris Instructor $16.00/class Martha Brougher Instructor $16.00/class Amy DeNicola Instructor $16.00/class Penny Doyle Instructor $16.00/class Roberta Dunn Instructor $16.00/class Martina Dvorak Instructor $16.00/class Alys Guttenplan Instructor $16.00/class Rebecca King Instructor $16.00/class Amy Mancini Instructor $16.00/class Mary Marchiselli Instructor $16.00/class Amy McGowan Instructor $16.00/class Sheryl McSherry Instructor $16.00/class Diana Moore Instructor $16.00/class Kami Netri Instructor $16.00/class Catherine Ryan Instructor $16.00/class Amy Schliftman Instructor $15.00/class Julie Schliftman Instructor $15.00/class Kristi Schlosser Instructor $16.00/class Dorothy Vaughn Instructor $16.00/class Johnson Judith Wolf Instructor $16.00/class HOMMOCKS PARK ICE RINK Richard Gardner Cashier $12.00/hour Bobby Lunde Joanne Assistant Manager $16.00/hour Schroeder Assistant Manager $16.00/hour Nicholas Tunno Assistant Manager $14.00/hour Custodian $14.00/hour Michael Quinn Skate Guard $9.00/hour Jeremiah Riggans Custodian $15.00/hour * Effective September 22, 2003 to June 13, 2004 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 9 September 16, 2003 APPROVAL OF MINUTES - May 28, 2003 July 31, 2003 (Special Meeting) - These minutes were held over. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the minutes of May 23, 2003 as amended. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye PROCLAMATION - Kathleen Kopa Joseph Tunno (PROCLAMATION-AT END OF MINUTES) ADDED ITEM: Appointment to Board of Assessment Review. On motion of Supervisor O'Keeffe, seconded by Councilwoman Myers, it was: RESOLVED, that the Town Board does hereby reappoint Janet DeMasi to the Board of Assessment Review, said term shall be effective immediately, and the term of office shall expire on September 30, 2008. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ORAL COMMUNICATIONS George Roniger, representing the Larch mont/Mamaroneck Gardens Civic Association said the lake and the brook are a jewel for everyone and questioned the status of the sediment basin. Councilwoman Wittner said the basin is below the surface of the water between the two bridges. Once it's put in, it will have to be maintained. The project has been funded and, hopefully, it will be completed by the end of the year. Mr. Roniger said the sidewalks are in a sad state and hopes they will be fixed soon. He invited everyone to the garden social to be held on October 4t" between 2:00 and 4:00 PM. 10 September 16, 2003 SUPERVISOR REPORTS The Supervisor read a list of names of those people she wished to thank for the efforts they made on behalf of the Town during the blackout of 2003. The Supervisor also read a letter received from Liz Covington. She said she had attended a service in remembrance of 9/11 at Memorial Park where everyone gathered to remember those lost. She recently met Reverend Sullivan, the new pastor at Sts. John & Paul Church at the ceremony. She read a letter from a Russian student and a letter from Sandi Tashoff on how well handled everything was on 9/11. She reminded everyone to vote on the fire department roof replacement at the fire house from 6:00 to 9:00 p.m. Tuesday, September 17, 2003. REPORTS OF THE COUNCIL Councilwoman Myers attended the picnic at Flint Park sponsored by both the Village of Larchmont and Town of Mamaroneck Fire Departments. It was fun and encouraging to see them come together. Councilwoman Seligson attended the Planning Board Meeting. They had no comment on the proposed Design Criteria law. There was a discussion on the Cook's property. Councilwoman Wittner reminded everyone about the event at the Reservoir on October 19th and the 20th Annual Coastal Cleanup happening on Saturday. Councilman Odierna rode over to the Brookside Bridge today and said it looks good The stonework being repaired on the other bridge also looks good. ADJOURNMENT The Supervisor said the next scheduled meetings would be October 1 and October 15, 2003. On motion of Councilwoman Myers, seconded by Councilwoman Seligson the meeting was unanimously adjourned at 10:37 PM. Submitted by Patricia A. DiCioccio, Town Clerk 1 1ClerkserverlserverlDocumentslM inutes12003minw109-16-03x.doc 11