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HomeMy WebLinkAbout2004_01_07 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 JANUARY 7, 2004 AT 8:15 PM IN THE COURT ROOM OF THE TOWN, 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 8:00 P.M. - Swearing-In Reception. 8:30 P.M. - Swearing-In Ceremony - Town Supervisor, Town Councilpersons, Town Clerk & Town Justice. The following elected officials were sworn in after the reception. Town Supervisor, Valerie Moore O'Keeffe Town Councilwoman, Phyllis Wittner Town Councilwoman, Judith A. Myers Town Clerk, Patricia A. DiCioccio Town Justice, Jean Marie Breschia Appointed official were then sworn in: Paul A. Winick, Deputy Town Supervisor Cindy Ramos, Deputy Town Clerk After thanks and congratulations, the regular meeting was called to order. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:45 PM. She then pointed out the location of exits. The Supervisor said the Board had convened at 5:00 P.M. into a Work Session to discuss matters of land use and had a Joint Meeting with the Town Planning Board to discuss Forest City Daly Draft Environmental Impact Statement and then adjourned into Executive Session to discuss Certiorari. 1 January 7 2004 ORGANIZATIONAL MATTERS SUPERVISOR'S APPOINTMENTS: DEPUTY TOWN SUPERVISOR RESOLVED, that pursuant to the Supervisor's recommendation, Paul A. Winick be appointed as Deputy Supervisor effective January 1, 2004 terminating December 31, 2005. BUDGET OFFICER RESOLVED, that pursuant to the Supervisor's recommendation, Stephen V. Altieri Town Administrator be appointed as Budget Officer, effective January 1, 2004 terminating December 31, 2005. APPOINTMENTS OF: Beautification Committee On motion of Councilwoman Seligson, seconded by Councilwoman Myers, it was RESOLVED, that Mary McGee is appointed to the position of Member B of the Beautification Committee; and BE IT FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2006; and BE IT FURTHER RESOLVED, that Patricia O'Donnell shall serve as the Chairperson of the Beautification Committee for the year 2004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2 January 7 2004 Board of Architectural Review On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was: RESOLVED, that E. Robert Wassman shall serve as the Chairperson of the Board of Architectural Review for the year 2004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Board of Ethics On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, Robert Degan is appointed to the position of Member A of the Board of Ethics; and BE IT FURTHER RESOLVED, Edwin H. Kaufman is appointed to the position of Member B of the Board of Ethics; and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2006; and BE IT FURTHER RESOLVED, that Martin W. Ronan shall serve as the Chairperson of the Board of Ethics for the year 2004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye CIVIL OFFICERS: RESOLVED, that Jay Reynolds is hereby reappointed as Civil Officer of the Town of Mamaroneck to serve a term of office of one year, effective January 1, 2004 and terminating on December 31, 2004; 3 January 7 2004 BE IT FURTHER RESOLVED, that Joseph Mitchell is hereby reappointed as Civil Officer of the Town of Mamaroneck to serve a term of office of one year, effective January 1, 2004 and terminating on December 31, 2004; The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Historic Records Committee On motion of Councilman Odierna, seconded by Councilwomen Seligson, the following was adopted: RESOLVED, that Frederick U. Baron is appointed to the position of Citizen Member A of the Historic Records Committee; and BE IT FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2006. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Housing Authority On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was: RESOLVED, Mary Regina Carlson is appointed to the position of Member A of the Town of Mamaroneck Housing Authority; and BE IT FURTHER, RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2008. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye 4 January 7 2004 Myers - Aye Wittner - Aye O'Keeffe - Aye Planning Board On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, May W. Aisen is appointed to the position of Member A of the Planning Board; and BE IT FURTHER, RESOLVED, Robert A. Cohen is appointed to the position of Member B of the Planning Board; and BE IT FURTHER, RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2010; and BE IT FURTHER, RESOLVED, that Marilyn Reader shall serve as the Chairperson of the Planning Board for the year 2004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Recreation Commission On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, Richard Conlan is appointed to the position of Member A of the Recreation Commission; and BE IT FURTHER, RESOLVED, James Druker is appointed to the position of Member B of the Recreation Commission; and BE IT FURTHER, RESOLVED, Maura W. Devaney is appointed to the position of Member C of the Recreation Commission; and BE IT FURTHER RESOLVED, that the foregoing appointments 5 January 7 2004 shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2010. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Traffic Committee On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, Nancy Angiulo is appointed to the position of Member A of the Traffic Committee; and BE IT FURTHER, RESOLVED, Donald Derrico is appointed to the position of Member B of the Traffic Committee; and BE IT FURTHER, RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2006; and BE IT FURTHER RESOLVED, that David Lobl shall serve as the Chairperson of the Traffic Committee for the year 2004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Tree Preservation Commission On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was RESOLVED, Nancy Sterbenz is appointed to the position of Citizen Member A of the Tree Preservation Commission; and BE IT FURTHER, 6 January 7 2004 RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2006; and BE IT FURTHER RESOLVED, that Ronald A. Carpaneto shall serve as the Chairperson of the Tree Preservation Commission for the year 2004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Board of Appeals On motion of Councilwoman Seligson, seconded by Councilwoman Myers, it was RESOLVED, Thomas Gunther is appointed to the position of Member A of the Board of Appeals; and BE IT FURTHER, RESOLVED, Linda Harrington is appointed to the position of Member B of the Board of Appeals; and BE IT FURTHER, RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2008; and BE IT FURTHER, RESOLVED, that Thomas Gunther shall serve as the Chairperson of the Board of Appeals for the year 2004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye COMPTROLLER: RESOLVED, that Carmine DeLuca is hereby reappointed Comptroller of the Town of Mamaroneck for a term of two years commencing January 1, 2004, terminating on December 31, 2005. The above resolution was put to a roll call vote: Seligson - Aye 7 January 7 2004 Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye RECEIVER OF TAXES: RESOLVED, that Ray Bingman is hereby reappointed Receiver of Taxes of the Town of Mamaroneck for a term of two years commencing January 1, 2004 and terminating on December 31, 2005. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye DEPUTY TOWN CLERK Cindy Ramos RESOLVED, that pursuant to the Town Clerk's appointment of Cindy Ramos as Deputy Town Clerk effective January 1, 2004 terminating December 31, 2007, the Town Board hereby authorizes the salary for the position to be $34,905. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye REGISTRAR OF VITAL STATISTICS Patricia A. DiCioccio RESOLVED, that the Town Board of the Town of Mamaroneck does hereby appoint Patricia A. DiCioccio as Registrar of Vital Statistics effective immediately, expiring December 31, 2007. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye MARRIAGE OFFICERS Valerie M. O'Keeffe Patricia A. DiCioccio 8 January 7 2004 RESOLVED, that the Town Board of the Town of Mamaroneck does hereby appoint Valerie M. O'Keeffe and Patricia A. DiCioccio as Marriage Officers effective immediately, expiring with their terms of office. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye TOWN BOARD MEETINGS: RESOLVED that the regular meetings of the Town Board be held in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck at 8:15 PM on the first and third Wednesdays of each month except only one meeting will be held in July and in August, said dates to be scheduled at a later time; and BE IT FURTHER, RESOLVED, that said meetings, dates and places may be changed at the pleasure of the Board upon adequate notice being given. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye OFFICIAL NEWSPAPERS: RESOLVED, that The Journal News, The Soundview News, Sound and Town Report and The County Press be, and they hereby are, designated at the official newspapers of the Town of Mamaroneck for the purpose of publishing legal notices during 2004. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye DEPOSITORIES OF FUNDS: RESOLVED, that the following banks and trust companies are hereby designated as depositories for funds of the Town of 9 January 7 2004 Mamaroneck for the year 2001 to be continued in their present status: MBIA CLASS Investments, Armonk The Bank of New York County Trust Region, Mamaroneck; The Chase Manhattan Bank, N.A., Larchmont; Hudson Valley Bank, Mamaroneck; Fleet Bank, Larchmont Wachovia, Larchmont The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye BANK SIGNATURES: RESOLVED, that all authority heretofore granted to withdraw funds from and to draw checks, drafts and other orders upon the Town of Mamaroneck accounts maintained at the aforesaid banks hereby is rescinded and revoked and hereafter such withdrawals, checks, drafts and other orders shall be authorized when signed by signature or facsimile signature of the Town Supervisor or Deputy Supervisor and Comptroller, or Deputy Comptroller; and BE IT FURTHER RESOLVED, that all withdrawals, checks, drafts and other orders relative to the Community Services Discretionary Fund located at the Bank of New York shall be authorized when signed by the signatures of Anna Danoy, Director of Community Services, and Stephen V. Altieri, Town Administrator 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 9:40 PM on motion of Councilwoman Wittner, seconded by Councilwoman Seligson. Present were the following members of the Commission: 10 January 7 2004 Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Judith A. Myers Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson 1. Fire Claims Commissioner Myers presented fire claims for authorization of payment, thereafter on Commissioner Myers' 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: AAA Emergency Supply Co. $1,200.00 AAA Emergency Supply Co. 990.00 AAA Emergency Supply Co. 218.08 AAA Emergency Supply Co. 51.50 AT&T 219.68 Avaya 51.89 Con Edison 663.13 J & H Barish 186.36 Joseph Russo 236.35 Lawrence Heat & Power Corp. 112.29 National Standby Repair Inc, 567.66 Michael Acocella 65.76 Nextel 176.43 Poland Spring Water 51.43 Rice Maintenance Service 860.00 Rickert Lock & Safe Co. 300.00 Sound Shore Pest Control 130.00 Verizon 402.33 Westchester Joint Water Works 139.50 Westchester Elevator 340.00 TOTAL $6,962.39 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Certification of Fire Department Elections. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Board of Fire Commissioners of the Town of Mamaroneck does hereby ratify the following Fire Department elections: Chief of Department Joseph Mirabella 1St Deputy Chief Mathew Peloso 2nd Deputy Chief David Commender Department Secretary Joseph Russo Financial Secretary Jeffrey Nabi 11 January 7 2004 Treasurer Jeffrey Rogoff Surgeon Dr. Peter Kingham Chaplin Msgr. Boyd Sergeant At Arms David Cremins Attorney At Law Theodore Hecht Engine-36 Captain Brendan Collins Engine 37 Captain Sean McCarthy Lieutenant Dennis Tortorella Engine 51 Captain Michael Acocella Lieutenant Noah Goldberg Ladder 19 Captain Marc Burrell 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 Odierna, seconded by Commissioner Myers, the Commission unanimously adjourned at 9:45 PM. AFFAIRS OF THE TOWN 1. Authorization - Certiorari Settlement On motion of Councilman Odierna, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Seville Realty, LLC 1370 Boston Post Road Block: 410 Lot: 1 Town of Mamaroneck Year Current Assessment Reduced Assessment 2002 $17,500 13,500 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 1. Designation of Lead Agency - Boston Post Road Zoning Amendment. The Town Attorney explained the history and the process and read a proposed resolution for the Board to adopt On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was adopted: 12 January 7 2004 WHEREAS, the Town Board of the Town of Mamaroneck has authorized a study to determine whether certain properties located along the Boston Post Road should be rezoned; and WHEREAS, an environmental assessment form has been prepared in connection with the proposed rezoning, NOW, on the motion of Phyllis Wittner, seconded by Ernest Odierna BE IT RESOLVED, that the proposal to rezone certain properties located along the Boston Post Road in the Town of Mamaroneck and to amend certain provisions of the zoning ordinance of the Town of Mamaroneck is a Type 1 action as that term is defined in the State Environmental Quality Review Act ("SEQR"), and BE IT FURTHER RESOLVED, that the Town Board intends to serve as the lead agency under SEQR in connection with these proposed amendments; and BE IT FURTHER RESOLVED, that copies of (1) the proposal to rezone certain properties along the Boston Post Road and to amend certain provisions of the zoning ordinance of the Town of Mamaroneck and (2) part 1 of the Environmental Assessment Form prepared 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 lead agency; and BE IT FURTHER RESOLVED, that the proposed zoning amendments hereby are referred to the Planning Board for a report in accordance with section 240.928 of the Code of the Town of Mamaroneck. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 1. Consideration 2004 Westchester Joint Water Works Capital Plan. RESOLVED, that the Town Board does hereby approve the capital projects for 2004 as follows: Project 2004-J.3 Larchmont Plant Improvements Project 2004-J.4 Rye Lake Auxiliary Generator Project 2004-J.5 16 Inch Valve Replacements Project 2004-J.6 8 Inch Water Main Brevoort LOCAL PROJECTS Project 2004-2.1 Normandy Drive, Replacement of 375' of 6" Main; and 13 January 7 2004 BE IT FURTHER RESOLVED, that the Town Board does hereby approve the expenditure for the above-stated capital projects at a total cost of$1,135,000, of which the Town's estimated cost is not to exceed $229,300 without further notification and approval. BE IT FURTHER RESOLVED, that the Town Board does hereby approve Local Project 2004-2.1 for replacement of 6" Main on Normandy Drive at a cost not to exceed $140,000. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 1. Set Public Hearing - Installation of Stop Sign Briarcliff Road/Crescent Road. The Administrator said the Traffic Committee, at the request of residents from the area, were recommending installing a stop sign at the intersection of Crescent and Briarcliff Roads. He said a public hearing is necessary to approve the traffic sign. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was: RESOLVED, that the Town Board does hereby set the date for public hearing on the installation of a stop sign at the intersection of Crescent Road and Briarcliff Road for January 21, 2004; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said notice be so posted. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 1. Salary Authorizations - Recreation RESOLVED, that as provided for in the 2003 Town Budget the Town Board does hereby authorize the payment of salary to the 14 January 7 2004 following: Nikolas Holtan, Hommocks Park Ice Rink, Hockey Instructor $6/hr., retroactive December 30, 2003. Valeria Santangelo, Alternate Instructor for Women's Fitness, $50/session, retroactive December 1, 2003. Cliff Shapiro, Hommocks Pool, Lifeguard $7.50/hr., retroactive 12/30/2003. Cliff Shapiro, Hommocks Pool, Alternate Swim Instructor, $16/hr., retroactive 12/30/2003. Emily Steiimagel, Hommocks Pool, Alternate EMS Lifeguard, $25/hr., retroactive 12/30/2003. John Keenan, Hommocks Pool, Alternate Swim Instructor, $19/hr., retroactive 12/30/2003. Ann Anderson, Hommocks Pool Lifeguard, $10/hr, retroactive 12/30/2003. Wayne Pollak, Jr., Hommocks Pool, Lifeguard $12/hr., retroactive 12/30/2003. Wayne Pollak, Jr., Hommocks Pool, Alternate Manager $15/hr., retroactive 12/30/2003. Cindy Coppolla, Hommocks Pool Manager $18.75/hr., retroactive 12/30/2003. Jen Heinbockel, Hommocks Pool, Alternate Lifeguard $7.25/hr., retroactive 12/30/2003. Emma Kravet, Hommocks Pool, Alternate Lifeguard $7.25/hr., retroactive . 12/30/2003. Chris McGrath, Hommocks Pool, Alternate Lifeguard $8/hr., retroactive . 12/30/2003. 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 22, 2003 On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following resolution was unanimously adopted: RESOLVED, that the Town Board does hereby approve the minutes of October 22, 2003 as amended. ORAL/WRITTEN COMMUNICATIONS Betty Miller, Larchmont- Mamaroneck Gardens Civics Association, congratulated all the newly elected officials and expressed her pleasure upon hearing there are plans in the making to work on Gardens Lake. She also asked about work at the Larchmont train station. Supervisor O'Keeffe said Metro North had rejected the bids as they were too high. They had then sent out new specifications which cut back on certain things; they would have to close two tracks at night. We were to hear by January 1, but have not as yet; they were initially to start work in March. Larchmont will be experiencing a displacement of parking and the Town will try to help them. 15 January 7 2004 REPORTS OF THE COUNCIL Councilman Odierna reminded everyone about the Martin Luther King Event to be held at the Emelin Theater on January 14, 2004 at 7:30 PM; all the public is invited. Judy Myers said that we are now in our franchise renegotiation period with Cablevision. All viewers' comments on Cablevision would be greatly appreciated. An e-mail address of CableTVcomments(aDVillageofMamaroneck.org has been set up for this purpose. Comments can be sent in writing to Cable TV Comments, c/o Village of Mamaroneck, 123 Mamaroneck Avenue, Mamaroneck, New York 10543. They can be sent by mail and online. She said it's important to hear from everyone during the negotiating period. SUPERVISOR REPORTS The Supervisor said there would be special meeting of the Town Board held on January 20, 2004 on the Forest City Daly proposal and she invited anyone interested in this project to please attend. She said the next regular meeting of the Board will be held on January 21, 2004. ADJOURNMENT The Supervisor asked that the Board adjourn the meeting in memory of Ken Wanderer who recently passed away. He was co-founder of the Local Summit, involved in the Midnight Run, I Care, and the Hope Pantry. She expressed her sympathy to the family. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the meeting was adjourned at 10:15 PM in Memory of Ken Wanderer. Submitted by Patricia A. DiCioccio, Town Clerk F:1DocumentslM inutes12004minf101-07-04x.doc 16