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HomeMy WebLinkAbout2004_09_08 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON SEPTEMBER 8, 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 (attending Planning Board Meeting — came to the Town Board later in the meeting) CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:35 PM. She then pointed out the location of exits. She said the Board had convened a Work Session at 7:30 PM. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Seligson, seconded by Commissioner Myers, the Board of Fire Commissioners was unanimously declared open. 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 motion of Commissioner Odierna, 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: September 8, 2004 AAA Emergency Supply Co. 1,806.00 AAA Emergency Supply Co. 163.80 AAA Emergency Supply Co. 227.80 AAA Emergency Supply Co. 120.95 AT&T 10.34 Atlantic Westchester 50.00 Avaya 51.89 Brewers Hardware 28.03 Cablevision 36.31 Cleaning Systems 149.71 Con Edison 149.93 Coyne Textiles 40.24 Excelsior Garage & Machine Works 357.94 Excelsior Garage & Machine Works 478.00 Excelsior Garage & Machine Works 202.93 Gall's Inc. 107.59 IOS Capital 318.00 Matthew Peloso 54.90 Motorola 156.00 Nextel 227.43 Poland Spring 219.19 R&L Consulting 200.00 Town of Mamaroneck PFF Local 188.64 Town of Mamaroneck PFF Local 188.64 United Water 218.58 Verizon 289.95 Verizon Wireless 12.90 Westchester Elevator 187.00 TOTAL $6.242.69 Councilwoman Wittner said she was not able to attend the Fire Council meeting last night because she had to be at the Town Board Work Session instead. There being no further business to come before the Commission, on motion of Commissioner Seligson, seconded by Commissioner Wittner, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Appointment— Board of Assessment Review On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was: RESOLVED, that the Town Board does hereby reappoint Jaine Elkind Eney as member B of the Board of Assessment Review; 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 2 September 8, 2004 Town Law and shall expire on September 30, 2009. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Approval of Certiorari It was decided to hold this until the attorney joined the meeting. 3. Approval of Water Rate Increase The Supervisor explained that the increases are at the behest of Westchester Joint Water Works. They are increasing the Town of Mamaroneck, the Village/Town of Harrison, and the Village of Mamaroneck. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve an increase to water rates by 10.57% charged by Westchester Joint Water Work to all water customers in 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 4. Set Public Hearing — No Left Turn Bryson Street Councilwoman Myers said at the Traffic Meeting where this was discussed there was significant concern voiced about this corner. Lt. Cindrich suggested painting a crosswalk, which has been done, and the traffic members are recommending a no left turn ordinance. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the proposed legislation for No Left Turn on Bryson Street for September 22, 2004; and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an 3 September 8, 2004 official newspaper, and that said notice be posted. 5. Memorandum of Understanding —Westchester County re: Garden's Lake This matter was held over to a future meeting. 6. Rights of First Refusal re: Westchester County Owned Property On motion of Councilman Odierna, seconded by Councilwoman Myers, the following resolution was adopted: Whereas, the County of Westchester desires to convey certain County property consisting of approximately 0.261 acres located off Harmon Drive in the Town of Mamaroneck, New York, County Residual parcel MMT RR, designated as lot 700 on the attached map (the "Property"), to adjoining property owners; and Whereas, in accordance with Section 209.101(S)(b) of the Laws of Westchester County, the County of Westchester ("County") has offered the Town of Mamaroneck (the "Town") the opportunity to purchase said Property under the following terms and conditions: 1) For use in perpetuity for park and recreation purposes for the sum of one dollar($1.00); 2) For other municipal purposes at the current appraised value as determined by the County Board of Legislators, or for no more than the same consideration for which it is proposed to be sold, whichever is less; 3) The deed conveying said Property to the Town for either purpose listed above shall include clauses specifying said purpose and that the Property shall revert to the County if it is not utilized for that purpose within five (5) years or at any time that such specifically enumerated use ceases; 4) The Town shall elect to make such purchase within ninety (90) days of its receipt of this offer from the County; 5) This opportunity to purchase this Property shall not constitute a right to purchase and may be withdrawn by the County at any time. NOW THEREFORE, BE IT 4 September 8, 2004 RESOLVED, that the Town waives and relinquishes any rights that it may have under the aforesaid opportunity to purchase said Property. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 7. Authorization — Data Sharing Agreement—Westchester County The Administrator explained this would allow him to execute an agreement with the County in order to share data compiled by the county's aerial photography of the Town of Mamaroneck. This serves as a basis of the GIS (Geographic Information System). The Town will, in turn, provide to the County tax map data. Councilwoman Seligson said she is glad to see this finally happening. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the intermunicipal agreement between the Town and the County of Westchester in regard to the Geographical Data System; and BE IT FURTHER, RESOLVED, that the Town Administrator is 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 8. Authorization — Extension of New York State Grant Contract— Pryer Manor Marsh On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was adopted: WHEREAS, the parties entered into a prior Contract which was duly assigned Contract Number C300790 (and amended by the Office of the State Comptroller on March 5, 2003) which said Contract the parties now desire to amend and extend; and WHEREAS, the Contractor has encountered circumstances that necessitated a delay in the schedule for planting wetland plants required to complete the Pryer Manor Marsh Wetland Restoration Project; and 5 September 8, 2004 WHEREAS, both parties originally agreed to a scope of work to restore the Pryer Manor Marsh pursuant to the Town of Mamaroneck's receipt of state funding for a Clean Water/Clean Air Bond Act Aquatic Habitat Restoration Project; and NOW THEREFORE, BE IT RESOLVED, the parties hereto agree as follows: 1. Article 2 is revised by extending the completion date from April 1, 2004 to October 1, 2005. 2. Appendix A, dated December] 996 is hereby deleted, and Appendix A dated May 2003 is attached hereto. All other terms and conditions of Contract #C300790, as amended will remain in full force and effect; and BE IT FURTHER, RESOLVED, that the Town Administrator is 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 9. Update Various Capital Projects Mr. Altieri updated the Board on the Firehouse, VAC Building and said the grand opening of VAC will be held on Saturday, October 30, at noon. He said the highway garage should be completed by the end of September OUT OF ORDER- The Attorney joined the meeting and the Board took up the matter of the Certiorari. 2. Approval of Certiorari 2137 Boston Post Road Larchmont, NY 10538 Block 704— Lot 202 Town of Mamaroneck/Village of Larchmont RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: 6 September 8, 2004 Year Assessment Amount of Reduction Reduced Asessment 1990 $60,000 $21,150 $38,850 1991 $60,000 $22,425 $37,575 1992 $60,000 $20,925 $39,075 1993 $60,000 $20,560 $39,440 1994 $60,000 $20,400 $39,600 1995 $60,000 $19,840 $40,160 1996 $60,000 $17,245 $42,755 1997 $60,000 $23,790 $36,210 1998 $60,000 $24,130 $35,870 1999 $60,000 $24,945 $35,055 2000 $60,000 $28,460 $31,540 2001 $60,000 $29,310 $30,690 2002 $60,000 $33,600 $26,400 2003 $60,000 $33,250 $26,750 2004 $60,000 $33,250 $26,750 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 10. Salary Authorization - a. Town Comptroller b. Police Department C. Ambulance District d. Recreation Comptroller RESOLVED, that Denis J. Brucciani is hereby appointed Comptroller of the Town of Mamaroneck for a term commencing September 13, 2004, terminating on December 31, 2005, at a salary of$120,000 per year, the Town to pay 60% and the Village of Larchmont 40%. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Police Department A salary authorization request was received from Police Chief Rivera asking for approval to hire Rui Sandies as a police officer. On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board hereby appoint Rui Sandies of Compound, NY, to 7 September 8, 2004 the position of probationary Police Officer at an annual salary of$43,380 effective September 9, 2004. 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 Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board hereby appoint Douglas Carroll to the position of provisional Paramedic at rate of$21 per hour effective September 9, 2004. 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 2004 Town Budget the Town Board does hereby authorize the payment of salary to the following: TENNIS Brian Furlong Tennis Instr. $9.00 hr HOMMOCKS POOL Christine Garvey Swim Instr. Hommocks Pool $17.00 hr Jennifer Moynihan Swim Instr. Hommocks Pool $17.00 hr Amanda Gould Lifeguard Hommocks Pool $9.75 hr Sabrina Bieloski Lifeguard Hommocks Pool $10.00 hr Caline Friedli Lifeguard Hommocks Pool $8.00 hr Annie Kravet Lifeguard Hommocks Pool $7.75 hr Recreation Office Kathleen Flynn Office Aide $12.00 hr Skating School Alana Kelton Director Hommocks Rink $16,000 Sahra Abid Instructor Hommocks Rink $15.00 class Sherry Ammann Instructor Hommocks Rink $16.00 class Kathy Bird-Ioris Instructor Hommocks Rink $16.00 class Amy DeNicola Instructor Hommocks Rink $16.00 class Penny Doyle Instructor Hommocks Rink $16.00 class Roberta Dunn Instructor Hommocks Rink $16.00 class Martina Dvorak Instructor Hommocks Rink $16.00 class Alys Guttenplan Instructor Hommocks Rink $16.00 class Rebecca King Instructor Hommocks Rink $16.00 class 8 September 8, 2004 Amy Mancini Instructor Hommocks Rink $16.00 class Mary Marchiselli Instructor Hommocks Rink $16.00 class Amy McGowan Instructor Hommocks Rink $16.00 class Sheryl McSherry Instructor Hommocks Rink $16.00 class Diana Moore Instructor Hommocks Rink $16.00 class Kami Metri Instructor Hommocks Rink $16.00 class Catherine Ryan Instructor Hommocks Rink $16.00class Amy Schliftman Instructor Hommocks Rink $15.00 class Skating School Julie Schliftman Instructor Hommocks Rink $15.00 Kristi Schlosser Instructor Hommocks Rink $16.00 Dorothy Vaugh Johnson Instructor Hommocks Rink $16.00 Judith Wolf Instructor Hommocks Rink $16.00 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ADDED ITEM: 11. Set Public Hearing — Quality of Life Law On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the proposed Quality of Life Law for regulations for use of Parks and Fields for September 22, 2004; and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said notice be posted. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye APPROVAL OF MINUTES —June 2, 2004, June 17, 2004, and July 7, 2004 On motion of Councilwoman Myers, seconded by Councilman Odierna, the minutes were all unanimously approved as follows: RESOLVED, that the Town Board does hereby approve the minutes of June 2, June 17, and July 7, 2004 as amended. PROCLAMATIONS - Florence Klein — 100th Birthday 9 September 8, 2004 - 85th Anniversary Walter's Hot Dogs - Constitution Week (All Proclamations at end of minutes) Supervisor O'Keeffe read Florence Klein's Proclamation. Councilwoman Seligson read Walter's Anniversary Proclamation. Councilman Odierna read Constitution Week Proclamation ORAL COMMUNICATIONS George Roniger said he received calls asking him about the flooding and the valve at the reservoir. Mr. Altieri answered that the storm was totally unexpected, dropping 7" in the area within hours. They were not able to lower fast enough so it flowed over the spillway; it is now receding. Mr. Roniger said the Town lost the battle to the leaf blowers this year. The Supervisor said by the time the police would get to where they were using them, they were turned off. Mr. Altieri added that summonses were given out and fines imposed. He said the Town was also looking at licensing gardeners, which would give us a right to revoke them for continuous offenses. There was then a lengthy discussion on code enforcement. SUPERVISOR REPORTS Supervisor O'Keeffe thanked the staff for their diligence since early this morning dealing with the flooding, which was overwhelming. She said she had a wonderful time at the Walter's Hot Dog Eating Contest. REPORTS OF THE COUNCIL Councilwoman Myers said there will be a remembrance for 9/11 on Saturday at 8:15 AM at the Girl Scout Rock and then a memorial service at 8:45 AM at Sts. John & Paul. Truck Day is 9-12-04 at the Library beginning at 10:00 AM with the rain date set for October 2, 2004. Councilman Odierna reminded everyone September 18 is Household Clean Up Day. Councilwoman Seligson said 9-18 is also National Coastal Clean Up Day. She encouraged volunteers to come out to help. The amount collected is reported to Washington, which helps to make our case to clean up the water ways. Councilwoman Wittner read a list of items which can be brought to Playland in Rye on Household Clean Up Day. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the meeting was adjourned unanimously at 10:40 PM. Submitted by: 10 September 8, 2004 Patricia A. DiCioccio, Town Clerk F:1DocumentslM inutes12004minfX09-08-04x.Doc 11