HomeMy WebLinkAbout2005_05_04 Town Board Minutes TOWN OF MAMARONECK
TOWN BOARD AGENDA
REGULAR MEETING —Wednesday, May 4, 2005 in the Town Center Court Room at 8:15 PM
THE TOWN BOARD WILL CONVENE. — at 5:30 PM into a Work Session to Discuss Patriot's Act,
Westchester Medical Center Resolution, Playing Fields, Update Cabot Road Drainage and and
Volunteer Recognition. At 7:30 the Town Board will then convene into Executive Session to
discuss Litigation and Personnel.
RECONVENE REGULAR MEETING
CALL TO ATTENTION - Location of Exits
PUBLIC HEARINGS 1. Illegal Sewer Connection
2. Regulation of Idling Motor Vehicles
3. Elimination of the Citizen Member Positions of the Tree
Commission
4. Re-Codification of Local Law 20-2003 & Local Law 5-2004
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Fire Department Business
AFFAIRS OF THE TOWN
1. Consideration —Wind Energy
2. Review—Annual Report for Phase II Stormwater Management
3. Authorization - Transfer of Funds —Town Center Repair
4. Set Public Hearing a. Zoning Amendment Petition — Forest City Daly
b. Discussion of Community Development Block Grant Projects
5. Authorization — Community Development Block Grant Cooperation Agreement
6. Temporary Sign Permit— Duane Reade Drug Store
7. Salary Authorization a. Highway Department
b. Building Department
c. Ambulance District
d. Recreation
8. Re Appointments a. Larchmont Library Board — Chair
b. Board of Architectural Review
APPROVAL OF MINUTES - February 16, 2005, March 2, 2005 & March 16, 2005
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
SUPERVISOR REPORTS Retirement of Arline Stefanisko
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETINGS - May 18, 2005 & June 1, 2005
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May 4, 2005
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK HELD ON MAY 4, 2005 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
Councilman Ernest C. Odierna
Councilwoman Nancy Seligson
Councilman Paul A. Winick
ALSO PRESENT:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
William Maker, Jr., Town Attorney
WORK SESSION
Safe Act
The Board discussed the wording and meaning of a resolution which was passed at the
regular meeting.
Westchester Medical Center
Councilwoman Wittner said the County had underwritten $276 Million for the Medical
Center this year so far. Councilman Odierna said we should not be encouraging the
wastefulness.
Councilwoman Seligson attended a Board of Health meeting where a spokesperson from
the Medical Center said they thought the hospital should continue in some form. There
seemed to be a sense they should redefine their identity to become economically viable.
Councilwoman Wittner agreed saying they could begin by eliminating unnecessary
services. Supervisor O'Keeffe said the proposed resolution does not address support
by the five other counties who use the facility, some of the tax should come from them.
There was further discussion with the Board tabling the matter.
Playing Fields
Supervisor O'Keeffe spoke with County Executive Andy Spano regarding playing fields
and the various sites with not good results. If we were to use an area at Saxon Woods
we would have to take down hundreds of trees. There are two more spots to consider,
lights would have to be considered. It was decided to have the Supervisor write a letter
to Andy Spano to have the two possible areas evaluated.
Cabot Road Drainage
Frank DeCabia who is having a terrible flooding problem approached the owner of
property next to his asking to purchase it. There are back taxes due and he is having a
title search done now to see how much. Another option would be for the Town to
purchase the lot and put in drainage or dry wells, then the owner would be liable for
payment of the back taxes. Councilman Winick suggested the Town just foreclose on
the property. Mr. Altieri said the costs of putting in drainage is an issue if the Town
obtains the property. Also the flooding is a problem, when there are two or more inches
of rainfall within a short period of time, if we channel the water it should provide relief.
He suggested we go back to Dolph Rotfeld Engineering to evaluate it.
Supervisor O'Keeffe brought up the condition of the tunnel under the railroad tracks
with Mayor Ken Bialo, who said he went to Congressman Nita Lowey regarding grant
money to fix it up. Nita likes the sewer project better. Councilman Winick said it is
disgusting for 30 seconds a day so why put money into it. Mr. Altieri pointed out that
under the agreement with Larchmont it is their responsibility for the tunnel and it will
cost $44,000 to clean it up.
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May 4, 2005
Volunteer Recognition
Councilwoman Wittner said the event was very nice, the volunteers were honored as
were the Department Heads. There was a discussion on the costs per person.
Cable TV
Councilman Winick said they are negotiating with Verizon. Supervisor O'Keeffe said the
Board had decided we wouldn't even discuss a waiver until Verizon addressed the
boxes they were putting on telephone poles.
Colonial Avenue
Councilman Winick said Traffic had met last night and he had spoken with David Lobel
about Colonial Avenue. Mr. Lobel said Traffic would not be inclined to reopen the issue.
They think the best solution is a sidewalk but it's just not cost efficient. There was a
letter from Bobby Katz opposing the Traffic Committee's recommendation. In addition
residents from Blossom want a sidewalk put in on Palmer.
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:30
PM. She then pointed out the location of exits.
PUBLIC HEARINGS — Illegal Sewer Connection
Public Hearing —The following notice of public hearing was entered into the record:
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the
Town of Mamaroneck on Wednesday, May 4, 2005 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 local law entitled "Removal of
Illegal Sewer Connections and the elimination of Illegal Discharge of Liquids" Law.
Purpose
The Town Board finds that despite all of the Town's efforts at enforcement, there
continue to be properties which have illegal connections to the public storm water or
sanitary sewer lines or both. Some of these properties, as well as others, illegally
discharge liquids onto or toward streets, sidewalks and rights of way. These violations
have a negative impact upon the environment of the Town. They also have a negative
impact upon the condition of the Long Island Sound since such discharges overtax the
effluent treatment systems and at times because untreated sewerage to be discharged
directly into the Long Island Sound. The County of Westchester continuously monitors
the flow through the public storm water and sanitary sewer lines. It regularly
admonishes the Town for not being more effective in bringing an end to illegal
connections to the public storm water and sanitary sewer system. Furthermore, the
State of New York has issued manuals containing rigorous standards for the disposal of
storm water and effluent (sees e.g. New York Standards and Specifications for Erosion
and Sediment Control(Blue Book) and New York State Stormwater Design Manual. To
combat these violations and eventually bring about total compliance with applicable
Codes, the Town Board henceforth will require a discharge compliance certificate for
real property located in the unincorporated portion of the Town that is sold after June
30, 2005.
The full text of this Local law may be examined and copies obtained at the Town Clerk's
office during regular 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
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May 4, 2005
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will
be given an opportunity to be heard and that all persons are invited to submit written
comments at or prior thereto.
On motion of Councilwoman Wittner, seconded by Councilman Winick, the hearing was
unanimously opened.
Mr. Maker explained there was a lot of storm water being washed into the sanitary sewer
system so to ensure compliance he drafted this law to have the Building Department issue
certifications, this will have a big effect on homeowners.
Councilwoman Wittner said this type of law is not unique to the Town other municipalities
have them.
Councilman Winick said the vast majority of homes for sale sell during the end of the
school year if we give them another month before implementing the law won't mean much.
The Supervisor asked if anyone wished to speak in favor or against the law.
Barry Wohl, 245 Rockingstone, said the Town did smoke tests to determine if there are illegal
connections, then asked if the Town was trying to be policemen or trying to make plumbers
rich. He had put in a porch that cost $10,000 and another$8000 to be incompliance with the
erosion control law.
Councilwoman Wittner replied the Town was not the only municipality doing this —we are
required by law to do it and the impact on the Long Island Sound is tremendous.
Councilwoman Seligson said there is a core problem with the effect on the sewage treatment
plant that is overloaded and there are lots of small things being done which will add up to
major changes.
Mr. Wohl suggested they build bigger sewer treatment plants.
There was then a lengthy discussion on why this law was needed. Mr. Maker said the fee
involved is only $50.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the
hearing was unanimously closed.
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was
Resolved, that the Town Board finds that the adoption of
the proposed local law regarding Illegal Sewer
Connections is hereby declared to be a Type II action
under the New York State Environmental Quality Review
Act (SEQRA) requiring no further study.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
On motion of Councilman Winick, seconded by Councilwoman Seligson, the following
local law was adopted:
Local Law No. 6 — 2005
This local law shall be known as the "Removal of Illegal Sewer Connections and the
Elimination of Illegal Discharge of Liquids" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
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May 4, 2005
Section 1 - Purpose.
The Town Board finds that despite all of the Town's efforts at enforcement, there
continue to be properties which have illegal connections to the public storm water or
sanitary sewer lines or both. Some of these properties, as well as others, illegally
discharge liquids onto or toward streets, sidewalks and rights of way. These
violations have a negative impact upon the environment of the Town. They also have
a negative impact upon the condition of the Long Island Sound since such
discharges overtax the effluent treatment systems and at times cause untreated
sewerage to be discharged directly into the Long Island Sound. The County of
Westchester continuously monitors the flow through the public storm water and
sanitary sewer lines. It regularly admonishes the Town for not being more effective in
bringing an end to illegal connections to the public storm water and sanitary sewer
system. Furthermore, the State of New York has issued manuals containing rigorous
standards for the disposal of storm water and effluent (see e.g. New York Standards
and Specifications for Erosion and Sediment Control (Blue Book) and New York State
Stormwater Design Manual. To combat these violations and eventually bring about
total compliance with applicable Codes, the Town Board henceforth will require a
discharge compliance certificate for real property located in the unincorporated
portion of the Town that is sold after October 15, 2005.
Section 2- Enactment of a new section of the Code of the Town of Mamaroneck
The Code of the Town of Mamaroneck hereby is amended by adding the following
section thereto:
§ 106-49. Requirement for a Discharge Compliance Certificate.
A. As used in this section, the following terms have the meanings indicated:
"Director" means the Director of Building Code Enforcement and Land Use
Administration.
"Discharge Compliance Certificate" means a certificate issued by the Director stating
that (1) all of the connections leading from the real property (a) to the public storm
water sewer lines and (b) to the sanitary sewer lines comply with the requirements of
the New York State Building Codes and the Town Code and (2) there are no culverts,
drains, hoses, leaders, lines, pipes or pumps that discharge liquids directly onto or
directly toward a street, sidewalk or right of way.
"Plumber's Certification" means a certification made to the Town by a plumber
licensed to do business within the Town that the plumber(1) has inspected all of the
connections leading from the real property (a) to the public storm water sewer lines
and (b) to the sanitary sewer lines and that all such connections comply with the
requirements of the New York State Building Codes and the Town Code and (2) has
inspected the real property and found that there are no culverts, drains, hoses,
leaders, lines, pipes or pumps that discharge liquids directly onto or directly toward a
street, sidewalk or right of way.
"Real Property" means a lot with respect to which a renewal event occurs after
October 15, 2005.
"Renewal Event" means the transfer of title in connection with the sale of real
property located in the unincorporated portion of the Town.
B. No building on real property shall be used or occupied, in whole or in part, unless
a discharge compliance certificate is issued therefor. To apply for a discharge
compliance certificate, a plumber's certification that complies with this section shall
be submitted to the Director together with whatever forms and other documentation
may be required by the Director and the fee for a discharge compliance certificate
shall be paid. The Director can issue a discharge compliance certificate based upon a
plumber's certification or the Director may conduct an inspection of the real property
to determine whether any of the connections leading from the real property to the
public storm water sewer lines or the sanitary sewer lines violate a requirement of the
New York State Building Codes or the Town Code or whether there are any culverts,
drains, hoses, leaders, lines, pipes or pumps on the real property that discharge
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May 4, 2005
liquids directly onto or directly toward a street, sidewalk or right of way. By applying
for a discharge compliance certificate, the owner of the real property authorizes the
Director or a designee of the Director to enter upon the real property for the purpose
of conducting such inspection.
C. A discharge compliance certificate can be issued at any time after a renewal event
has occurred. A discharge compliance certificate also can be issued prior to a
renewal event; however, such certificate shall expire on the 60th day after it is issued
unless the renewal event shall have occurred before its expiration date.
D. A discharge compliance certificate issued after a renewal event has occurred shall
expire when the next renewal event with respect to that real property occurs. A
discharge compliance certificate issued prior to a renewal event that does not expire
pursuant to §106-49 C. also shall expire when the next renewal event with respect to
the real property occurs. Nothing contained in this section shall be construed as
preventing the Director from revoking a discharge compliance certificate if there are
grounds to do so.
Section 3- Enactment of a new section of the Code of the Town of Mamaroneck
The Code of the Town of Mamaroneck hereby is amended by adding the following
section thereto:
§ 106-52. Revocation of certificate of occupancy, certificate of completion and like
documents.
The Director of Building Code Enforcement and Land Use Administration may revoke
a certificate of completion, a certificate of occupancy (permanent or temporary), a
discharge compliance certificate, a letter of compliance, or a letter indicating that the
structures (as that term is defined in §240-4) on the real property were constructed
prior to either the enactment of the zoning ordinance or the adoption of one or more
of its provisions in the following instances:
A. Where there has been any false statement or misrepresentation as to a material
fact in the application, the plans or the specifications on which the Director of
Building Code Enforcement and Land Use Administration relied when issuing such
certificate or letter; or
B. Where such certificate or letter was issued in error and should not have been
issued in accordance with applicable provisions of law.
Section 4 - Renumbering of current sections of the Code of the Town of Mamaroneck
A. Section 106-49 entitled "Temporary certificate of occupancy", section 106-50
entitled "Tests", section 106-51 entitled "Town employees not liable", section 106-52
entitled "Existing violations preventing the issuance of other permits, certificates or
letters", section 106-52.1 entitled "Penalties for offenses", section 106-53 entitled
"Fees", section 106-54 entitled "Existing encroachments", section 106-55 entitled
"Permits required" and section 106-56 entitled "Duration and hours for mechanical
rock removal" are renumbered as follows:
Section 106-49 entitled "Temporary certificate of occupancy" shall become section
106-50,
Section 106-50 entitled "Tests" shall become section106-51,
Section 106-51 entitled "Town employees not liable" shall become section 106-53,
SectionII06-52 entitled "Existing violations preventing the issuance of other permits,
certificates or letters" shall become section 106-54,
Section 106-52.1 entitled "Penalties for offenses" shall become section 106-55,
Section 106-53 entitled "Fees" shall become section106-56,
Section 106-54 entitled "Existing encroachments" shall become section 106-57,
Section 106-55 entitled "Permits required" shall become section106-58 and
Section 106-56 entitled "Duration and hours for mechanical rock removal" shall
become section 106-58.1.
B. Article VI of Chapter 106 of the Code of the Town of Mamaroneck shall consist
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May 4, 2005
of section 106-40 through and including section 106-55.
C. Article VII of Chapter 106 of the Code of the Town of Mamaroneck shall consist
of sections 106-56 and 106-57.
D. Article VIII of Chapter 106 of the Code of the Town of Mamaroneck shall consist of
sections 106-58, 106-58.1, 106-59 and 106-60.
E. Except for their new numbers, all of the provisions of each of the sections listed in
section 4 of this local law shall remain in full force and effect.
Section 5 -Amendment to an Existing Section of the Code of the Town of
Mamaroneck
The Code of the Town of Mamaroneck hereby is amended to add the following
provision to section A250-1 A.:
Code Subject Fee or
Section Deposit
§106-49 Discharge compliance certificate $50.00
application
Section 6 - 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 7 - Effective Date
This Local Law shall become effective on the date that it is filed in the office of the
Secretary of State
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
PUBLIC HEARING — Regulation of Idling Motor Vehicles
The Notice of Public Hearing was entered into the record:
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the
Town of Mamaroneck on Wednesday, May 4, 2005 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 local law entitled "Regulation of
Idling Motor Vehicles in the Town of Mamaroneck" Law.
Purpose
The Town Board finds that the extended idling of motor vehicles on public and private
property in the Town increases exhaust emissions and endangers the health, safety,
and welfare of Town residents and visitors to the Town. The Town Board has
determined that reducing the period of time during which motor vehicles may idle will
reduce the amount of pollutants emitted into the atmosphere.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the hearing
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May 4, 2005
was unanimously opened.
The Town Attorney explained the law.
Councilwoman Seligson said this legislation came about because of the number of cars
just idling not moving which is very detrimental. Cars emit the worst pollution when not
moving. Air Quality is affected by it and helth problems result from it. There are many
cars idling especially around the school. Many municipalities have passed this law.
Supervisor O'Keeffe asked if anyone wished to speak for or against the proposed law.
There was no response.
On motion of Councilman Winick, seconded by Councilwoman Wittner, it was
Resolved, that the Town Board finds that the adoption of
the proposed local law regarding the Vehicle Idling Law is
hereby declared to be an Unlisted Action with No Impact
under the New York State Environmental Quality Review
Act (SEQRA).
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the following
local law was adopted:
Local Law No. 5 -2005
This local law shall be known as the "Regulation of Idling Motor Vehicles in the Town
of Mamaroneck" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 - Purpose:
The Town Board finds that the extended idling of motor vehicles on public and
private property in the Town increases exhaust emissions and endangers the health,
safety, and welfare of Town residents and visitors to the Town. The Town Board has
determined that reducing the period of time during which motor vehicles may idle will
reduce the amount of pollutants emitted into the atmosphere.
Section 2 -Adoption of a New Section to the Code of the Town of Mamaroneck:
The Code of Mamaroneck hereby is amended to add to it the following new section:
§ 219-1. Idling of Motor Vehicles
A. No person shall allow, cause or permit the engine of any motor vehicle to run for
more than five (5) consecutive minutes while parking, standing, or stopping on public
or private property in the unincorporated portion of the Town of Mamaroneck.
B. This section shall not apply to public utility companies, United States of America,
the State of New York, the County of Westchester, the Town of Mamaroneck, the
Mamaroneck Union Free School District or the Villages of Larchmont, Mamaroneck or
Scarsdale. This section also shall not apply to any independent contractor engaged
by any of the entities described in the preceding sentence while such independent
contractor is carrying out the business activity for which it was engaged by one or
more of the entities.
C. This section shall not apply when the temperature in the Town of Mamaroneck is
° F or less.
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May 4, 2005
D. This law shall not apply in situations where a vehicle is exempt from the
requirements of
Subpart 217-3 of Title 6 of the New York Codes, Rules, and Regulations.
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.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
PUBLIC HEARING — Elimination of the Citizen Member Positions of the Tree Commission
The Notice of Public Hearing was entered into the record:
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the
Town of Mamaroneck on Wednesday, May 4, 2005 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 local law entitled "Elimination of
the Citizen Member positions of the Tree Preservation Commission" Law.
Purpose
Currently the Tree Preservation Commission consists of five members, three who are
employees of the Town and two volunteers, known as Citizen Members. History has
shown that it is not necessary to have Citizen Members in order for the Tree
Preservation Commission to function properly. This local law eliminates the positions
of Citizen Members of the Tree Preservation Commission.
On motion of Councilman Winick, seconded by Councilwoman Wittner, the hearing was
opened.
Mr. Maker said this law would eliminate the volunteers and the functionality to the staff
members.
Councilwoman Wittner said the three staff people have done a good job and suggested that
at least one of them take an arborist course. She also noted the difficulty of coordinating
experience of volunteers time with that of staff.
There being no comments the hearing was adjourned to the Town Board meeting to be held
on May 18, 2005.
PUBLIC HEARING - Re-Codification of Local Law 20-2003 & Local Law 5-2004
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the Public
Hearing was opened unanimously.
The Town Attorney explained this would recodify the numbers in the Town Code.
There being no comments the hearing was closed unanimously on a motion made by
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May 4, 2005
Councilman Odierna, seconded by Councilwoman Wittner.
Resolved, that the Town Board finds that the adoption of
the proposed local law regarding recodification is hereby
declared to be an unlisted action under the New York
State Environmental Quality Review Act (SEQRA) with no
environmental impact.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
On motion of Councilman Winick, seconded by Councilwoman Wittner, the following local
law was adopted:
Local Law No. 7 - 2005
This local law shall be known as the "Recodification, Reconciliation and Clarification
of Local Law No. 20-2003 and Local Law No. 5-2004" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 - Purpose:
Certain sections of the zoning ordinance were amended by two local laws enacted
within a short time period of each other. The enactment of the second law on the
heels of the first resulted in some overlap in section numbers. This local law
eliminates the overlapping. It also makes changes to the text which are meant to
elucidate or to improve upon the language of Local Law No.20 -2003 and Local Law
No. 5 -2004. Finally, this local law removes those parts of the existing law which have
become surplus as a result of those two local laws.
Section 2 - Recodification and amendment of a current section of the Code of the
Town of Mamaroneck:
Section 240-89 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§240-89. Board of Appeals
A. Supersession.
Portions of section 267 (11) of the New York Town Law hereby are superseded.
Words enclosed in brackets are eliminated therefrom. Italicized words are new matter
added thereto. Section 267 (11) of the New York Town Law, as superseded below,
shall apply in the Town of Mamaroneck.
"Section 267
11. Alternate members. (a) A town board may, by local law or ordinance, or as a part
of the local law or ordinance, or as part of the local law or ordinance creating the
[zoning] board of appeals, establish alternate [zoning] board of appeals member
positions for purposes of substituting for a regular member in the event such
member is absent or is unable to participate because of a conflict of interest.
Alternate members of the [zoning] board of appeals shall be appointed by resolution
of the town board, for terms established by the town board.
(b) The chairperson of the [zoning] board of appeals [may] shall designate [an] the
alternate member to substitute for a regular member when such member is absent or
is unable to participate because of a conflict of interest [on] with respect to a[n
application or] matter before the board. The town board shall establish the procedure
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May 4, 2005
for making that designation. When [so designated, the] an alternate member sits in
the place of a regular member, the alternate member shall possess all the powers and
responsibilities of such regular member of the board. Such designation shall be
entered into the minutes of the [initial zoning] board of appeals meeting at which the
substitution is made.
(c) All provisions of this section relating to [zoning] board of appeals member training
and continuing education, attendance, conflict of interest, compensation, eligibility,
vacancy in office, removal, and service on other boards, shall also apply to alternate
members."
B. Procedures.
The Board of Appeals shall follow the rules and procedure set forth in New York
Town Law §267-a; however, it shall have the power to adopt from time to time such
rules and procedure not inconsistent with law, as may be necessary, to carry out the
provisions of this chapter and to exercise the authority vested in it by the New York
Town Law.
C. Procedures Regarding Alternate Members
(1) An alternate member shall substitute for a regular member of the Board of Appeals
who
is absent or is unable to participate in a matter due to a conflict of interest. If the
number of alternate members exceeds the number of regular members who either are
absent or have a conflict of interest with respect to a particular matter, the
Chairperson of the Board of Appeals shall designate the alternate member who will
substitute for the absent regular member or the regular member with a conflict of
interest. If the Chairperson is absent or is the member with the conflict of interest, the
longest-tenured regular member of the Board of Appeals shall make this designation.
(2) If an alternate member participates in a matter before the Board of Appeals, the
alternate
member shall possess all the powers and responsibilities of the regular member
whom the alternate member shall have replaced. If an alternate member participates
in a matter due to the absence of a regular member and at a subsequent meeting at
which that same matter is heard, the regular member for whom the alternate member
substituted is present, the regular member shall resume the position as a regular
member of the Board of Appeals in connection with that matter.
D. Powers and duties. The Board of Appeals shall have all the powers and duties
prescribed by the New York Town Law and by this chapter. None of the following
provisions shall limit any power conferred upon the Board of Appeals by the New
York Town Law.
(1) Interpretation. On appeal from an order, requirement, decision or determination
made by the Director of Building Code Enforcement and Land Use Administration, the
Board of Appeals shall decide any question involving the interpretation of any
provision of this chapter, including determination of the exact location of any district
boundary line if uncertainty remains after referring to the rules specified in Article II.
(2) (a) "Use Variance" shall have the same meaning as it has in New York Town Law
§267.1 (a)
(b) On appeal from an order, requirement, decision or determination of the Director
of Building Code Enforcement and Land Use Administration regarding the application
of this chapter, the Board of Appeals may grant use variances from the applicable
zoning regulations and restrictions upon a showing by the applicant for such
variance that the applicable zoning regulations and restrictions have caused
unnecessary hardship. In determining whether the applicant has proven unnecessary
hardship, the Board of Appeals shall apply the criteria therefor set forth in section
267-b 2.(b) of the New York Town Law.
(c) When granting use variances, the Board of Appeals shall grant the minimum
variances that it deems necessary and adequate to address the unnecessary
hardship proven by the applicant, while at the same time preserving and protecting
the character of the neighborhood and the health and welfare of the community.
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May 4, 2005
3. (a) "Area Variance" shall have the same meaning as it has in New York Town Law
§267
1. (b).
(b) On appeal from an order, requirement, decision or determination of the Director of
Building Code Enforcement and Land Use Administration regarding the application of
this chapter, the Board of Appeals may grant an area variance to an applicant from
the applicable zoning regulations and restrictions. In determining whether the
applicant is entitled to an area variance, the Board of Appeals shall apply the criteria
therefor set forth in section 267-b 3(b) of the New York Town Law.
(c) When granting area variances, the Board of Appeals shall grant the minimum
variances that it deems necessary and adequate while at the same time preserving
and protecting the character of the neighborhood and the health, safety and welfare
of the community.
E. Imposition of Conditions
When granting either use variances or area variances or both, the Board of Appeals
shall have the authority to impose such reasonable conditions and restrictions as are
directly related to and incidental to the proposed use of the property. Such
conditions shall be consistent with the spirit and intent of this chapter, and shall be
imposed for the purpose of minimizing any adverse impact such variances may have
on the neighborhood or community.
F. Availability of Statutes
The Director of Building Code Enforcement and Land Use Administration shall
maintain copies of sections 267-a, 267 1. (a), 267 1. (b), 267-b 2. and 267-b 3 of the
New York Town Law and shall distribute them upon request.
Section 3 -Amendment of an existing section of the Code of the Town of
Mamaroneck:
Section 240-90 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§240-90. Appeals.
All appeals to the Board of Appeals shall be taken in the manner and within the time
prescribed by section 267-a 5 (b) of the New York Town law. All such appeals shall be
in writing, on forms prescribed by the Board. Each appeal shall set forth the facts of
the case, refer to the specific provision of the ordinance involved and contain the
reasons why the appeal ought to be granted. Every decision of the Board of Appeals
shall recite the findings on which the decision was based.
Section 4 - Recodification and amendment of a current section of the Code of the
Town of Mamaroneck
Section 240-95 of the Code of the Town of Mamaroneck hereby is repealed and the
following is substituted in its place:
§240-95 Powers of the Planning Board; Procedures Regarding Alternate Members.
A. Supersession.
Portions of section 271 (15) of the New York Town Law hereby are superseded.
Words enclosed in brackets are eliminated therefrom. Italicized words are new matter
added thereto. Section 271 (15) of the New York Town Law, as superseded below,
shall apply in the Town of Mamaroneck.
"Section 271
15. Alternate members. a. A town board may, by local law or ordinance, or as part of
the local law or ordinance creating the planning board, establish alternate planning
board member positions for purposes of substituting for a regular member in the
event such member is absent or is unable to participate because of a conflict of
12
May 4, 2005
interest. Alternate members of the planning board shall be appointed by resolution of
the town board, for terms established by the town board.
b. The chairperson of the planning board [may] shall designate [an] the alternate
member to substitute for a regular member when such member is absent or is unable
to participate because of a conflict of interest [on] with respect to a[n application or]
matter before the board. The town board shall establish the procedure for making
that designation. When [so designated the] an alternate member sits in place of a
regular member, the alternate member shall possess all the powers and
responsibilities of such regular member of the board. Such designation shall be
entered into the minutes of the [initial] planning board meeting at which the
substitution is made.
c. All provisions of this section relating to planning board member training and
continuing education, attendance, conflict of interest, compensation, eligibility,
vacancy in office, removal, and service on other boards, shall also apply to alternate
members."
B. Procedures.
The Planning Board shall have the power to adopt from time to time such rules and
procedure not inconsistent with law, as may be necessary to exercise the authority
granted to it.
C. Procedures Regarding Alternate Members
(1) An alternate member shall substitute for a regular member of the Planning Board
who is absent or is unable to participate in a matter due to a conflict of interest. If the
number of alternate members exceeds the number of regular members who either are
absent or have a conflict of interest with respect to a particular matter, the
Chairperson of the Planning Board shall designate the alternate member who will
substitute for the absent regular member or the regular member with the conflict of
interest. If the Chairperson is absent or is the member with the conflict of interest, the
longest-tenured regular member of the Planning Board shall make this designation.
(2) If an alternate member participates in a matter before the Planning Board, the
alternate member shall possess all the powers and responsibilities of the regular
member whom the alternate member shall have replaced. If an alternate member
participates in a matter due to the absence of a regular member and at a subsequent
meeting at which that same matter is heard, the regular member for whom the
alternate member substituted is present, the regular member shall resume the
position as a regular member of the Planning Board in connection with that matter.
D. Powers.
The Planning Board shall have all of the powers and duties heretofore granted to or
imposed upon it by the Town Board.
Section 5 - 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 6 - 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:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
13
May 4, 2005
The Board took item number 6 on the agenda out of order.
AFFAIRS OF THE TOWN
6. Temporary Sign Permit
Mr. Altieri explained there are two applicants for grand opening signs which under the law
the Town Board has to approve.
Thomas Wyatt, representative from Webster Bank introduced himself and some of his
collegues. Then Robert Tanks, District Manager of Duane Reade came up also. Mr. Wyatt
said the purpose of the event is to introduce themselves to the community and the grand
opening event will be held from 11 am to 2 pm on Saturday. They will be partnering with
Radio Disney who will provide inflatable rides, an obstacle course and a moon bounce.
There will also be food, and they are expecting between 600 to 700 people. Parking will be
provided at the High School, Tung Hoy, Hommocks Middle School and at Bishop &
Fenimore. The Signs are 22" by 28" and we are providing for four off duty police officers.
Councilwoman Wittner said your site defines the term sign pollution, signs if I had my way
that would not be allowed. You don't have signs like that in other areas, please write to
management and let them know of my displeasure.
Councilman Winick said there was no problem with the event signage, but agree with
Councilwoman Wittner, the longer the building signage stays up the worse it looks.
Councilwoman Seligson said there is a law in Town which allows only two signs — Duane
Reade put them inside to stay in compliance. As far as the grand opening signage this kind
of bunting and flags usually are associated with car dealers.
Supervisor O'Keeffe noted that the Board had allowed them at other events.
Councilwoman Seligson said she was not in favor they seem overwhelming
The Supervisor said this type of building signage is not usually put up in the Town and the
two new buildings are not what we are used to seeing in the Town.
Councilman Winick suggested the Board try not to micromanage this and proposed the
applicants be allowed to do what they want but only for three or four days.
After further discussion, on motion of Councilman Odierna, seconded by Supervisor
O'Keefe, it was proposed to allow the special grand opening signage to Webster Bank and
Duane Reade for one week, the motion was defeated.
The above motion was put to a roll call vote:
Winick - Nay
Seligson - Nay
Odierna - Aye
Wittner - Nay
O'Keeffe - Aye
Then on motion of Councilman Winick, seconded by Councilwoman Wittner, it was
proposed to allow the signs for three days, May 6, 7, 8, which was defeated by the following
vote:
Winick - Nay
Seligson - Nay
Odierna - Nay
Wittner - Aye
O'Keeffe - Nay
Councilwoman Wittner then made a motion to allow the signage for four days, May 6, 7, 8,
9, which was seconded by Councilwoman Seligson, which was approved, therefore, be it
RESOLVED, that the Town Board does approve the
application for special signage for Webster Bank and
Duane Reade for May 6, 7, 8, and 9, 2005.
14
May 4, 2005
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner
Wittner, seconded by Commissioner Seligson, 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: Ernest C. Odierna
Commissioner: Nancy Seligson
Commissioner: Paul A. Winick
1. FIRE CLAIMS
Commissioner Seligson presented fire claims for authorization of payment, thereafter on
Commissioner Seligson 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., Inc. 511.00
Avaya 51.89
Cablevison 29.95
Capit& Fund 1598.66
Cleaning Systems, Cc. 19.90
Con Edison 1064.31
DTM Parts Supp- 33.08
Exce'sior Garage & Machine Works, Inc. 46.20
Fire-End & Croker Corp. 1633.56
Fire-End & Croker Corp. 709.90
Galls Incorporated 163.20
G&K Services 39.22
Giacomo Service Center Inc. 37.00
Industrial Medicine Assoc. 280.00
JE Weiner Inc. 127.80
J&JBarish 199.19
Keith Napolitano 75.23
New York State Academy of Fire Science 25.00
Nextel 497.11
NEPA 135.00
Nicks Transmissions 75.00
Noah 0. Goldberg 186.95
Pitt Stop Auto Parts 239.33
Poland Springs Water Cc. 41.12
Poland Springs Water Co. 97.26
Receiver of Taxes 4320.00
Rye Ford/Subaru 32.88
Scarsdale Ford, Inc. 157.85
Sound Shore Contracting Inc. 100.40
United Water of New Rochelle 215.23
Verizon 64.88
Verizon 341.50
The Vickery Companies 188.35
15
May 4, 2005
Westchester Joint Water Works 100.20
W.S.Darley & Company 84.60
TOTAL 13522.55
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
2. Other Fire Department Business — Service Awards
Commissioner Wittner presented the Service Award Report for the first quarter of 2005
which has been certified by the Fire Council. There were five of the 37 participants who
have already met their yearly obligations to the program.
On motion of Commissioner Wittner, seconded by Commissioner Seligson, it was
RESOLVED, that the Board of Fire Commissioners does
hereby accept and approve the Service Award Program
as follows:
16
May 4, 2005
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
Commissioner Wittner then read the following reports into the record:
17
May 4, 2005
February 2005
Alarm Type Number
Generals 31
Minors 20
Stills 1
Out of Town (Mutual Aid) 0
EMS 15
Drills 3
TOTAL 70
Total number of personnel responding: 702
Total time working: 32 hours and 55 minutes
March 2005
Alarm Type Number
Generals 22
Minors 21
Stills 0
Out of Town (Mutual Aid) I
EMS 15
Drills 1
TOTAL 60
Total number of personnel responding: 522
Total time working: 19 hours and 47 minutes
April 2005
Alarm Type Number
Generals 26
Minors 14
Stills 2
Out of Town (Mutual Aid) 0
EMS 11
Drills 2
TOTAL 55
Total number of personnel responding: 455
Total time working: 21 hours and 19 minutes
There being no further business to come before the Commission, on motion of
Commissioner Wittner, seconded by Commissioner Odierna, the Commission unanimously
adjourned.
AFFAIRS OF THE TOWN
1. Consideration —Wind Energy
Supervisor O'Keeffe introduced Mr. Christianson who appeared to familiarize the Board
about Wind Energy. He gave a presentation and answered questions.
The Supervisor said when she first heard of wind power it sounded good especially since
we are all worried about fossil fuels and since hearing of it she has researched it and is
very much in favor of it.
Councilwoman Seligson agreed. Many questions she had were answered by Mr.
Christianson; costs don't reflect the cost of pollution caused by fossil fuels and wind
power is much quieter and safer for birds, and is well worth trying.
18
May 4, 2005
Councilman Winick said he was less enthusiastic because spending public money during
this time is hard. He can't justify spending a lot more but still believes wind power is the
way to go.
Councilman Odierna said he also was not convinced. He loves the idea of wind power and
hydro power, and saving energy will give us more for the buck. Therefore he is willing to
give it a try in a small way.
Councilwoman Wittner said obviously conservation is critical and definitely she will
support it.
The Board then had a lengthy discussion regarding where they should utilize it, and having
the NYSERTA come in and do an audit of the Town Buildings.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby approve
the proposal for Wind Energy to be provided by
Community Energy for the Sheldrake Center and Fire
Headquarters/Kiosk for a period of two years.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
The following matter was taken out of order of the agenda
The Supervisor apologized to a representative from Commerce Bank who was also present
for a special permit regarding signage for the grand opening of the new bank. He said the
opening request is for banners, there will be food, raffles and prizes. The sign is six by
eight feet.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
RESOLVED, that the Town Board does hereby approve
the application for signs for Commerce Bank on May 20,
21, 22, and 23, 2005.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
2. Review—Annual Report for Phase II Stormwater Management
This was held over to the next Town Board meeting.
3. Authorization - Transfer of Funds — Town Center Repair
This was deferred to later in the meeting.
4. Set Public Hearings a. Zoning Amendment Petition — Forest City Daly
19
May 4, 2005
b. Discussion of Community Development Block Grant Projects
Zoning Amendment Petition — Forest City Daly
The Supervisor read the following letter which was written by Marilyn Reader, Chair of the
Planning Board regarding Forest City Daly:
Dear Supervisor O'Keeffe and Members of the Town Board:
Pursuant to the Town Board's referral, dated April 1, 2005, the Planning Board of the
Town of Mamaroneck reviewed the above-captioned Petition for Change in Zoning
affecting Section 240-25 of the Zoning Ordinance of the Town of Mamaroneck at its
April 13, 2005 meeting. The Planning Board unanimously supports the zoning text
amendment proposed by Forest City Daly Mamaroneck, LLC to facilitate a mixed-use
project on property bounded by Madison Avenue, Maxwell Avenue and Byron Place.
We appreciate the opportunity to work with the Town Board on this project.
Sincerely,
Marilyn S. Reader
Chair
The Town Attorney said the next step would be for the Town Board to set the date for the
public hearing on the proposed amendment to the zoning ordinance which he provided in the
form of a local law.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby set the
date for public hearing on the proposed Zoning
Amendment for Forest City Daly for May 25, 2005, 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:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
Community Development Block Grant
Mr. Altieri said a requirement of the program for these grants is that a public hearing be held
to discuss the grant proposals which the Town may be considering.
On motion of Councilman Winick, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby set the
date for public hearing on the Community Development
Block Grant Project for May 18, 2005; 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.
20
May 4, 2005
5. Authorization — Urban County Cooperation Agreement
Mr. Altieri explained this is the renewal agreement for the Urban County Consortium in which
the Town takes part. Westchester County administers the block grant programs. This
agreement is renewed at the beginning of each new funding cycle and covers the period
2006 to 2008. He recommended approval.
On motion of Councilman Winick, seconded by Councilwoman Wittner, it was
RESOLVED, the Town of Mamaroneck does hereby
approve the renewal of the Urban County Cooperation
Agreement for the 2006-2008 funding cycle; and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby
authorized to execute said agreement on behalf of the
Town.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
7. Salary Authorizations - Highway Department
On motion of Councilwoman Wittner, seconded by Councilman Winick, it was
RESOLVED, that the Town Board does authorize the
appointment of Daniela Gerardi to the position of Office
Assistant (Automated Systems) in the Highway
Department at annual salary of$38,960 effective May 5,
2005.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
Building Department
RESOLVED, that the Town Board does authorize the
appointment of Susan Rooney to the position of Office
Assistant (Automated Systems) in the Building
Department at annual salary of$38,960 effective May 5,
2005.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
21
May 4, 2005
O'Keeffe - Aye
Ambulance District
RESOLVED, that the Town Board does authorize the
appointment of Kim Holland as a part-time provisional
paramedic effective May 5, 2005 at an hourly rate of
$22.50, after completion of a six month probationary
period the hourly rate will increase to $23.50.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
Recreation
RESOLVED, that as provided for in the 2005 Town Budget
the Town Board does hereby authorize the payment of
salary to the following:
Frank Commrade, Asst Instructor, Spring Hockey, $9.25/hr, retroactive to 4/2/05.
Melissa Weaver, Bubble Babies Instructor, Hommocks Pool, $17.50/session,
retroactive to 4/1/05.
Francine Brill, Attendant, Memorial Park Tennis, $10/hr, effective 5/8/05.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
8. Re Appointments a. Larchmont Library Board — Chair
b. Board of Architectural Review
Supervisor O'Keeffe said Bill Dentzer was reappointed as Chair of the Larchmont Library
Board, which the Town Board does not vote on. They had before them the appointment of
Carolyn Parloto to the Library Board who was reappointed until May 2010.
RESOLVED, Carolyn Parloto is appointed to the
Larchmont Library Board effective immediately, said term
to expire May 2010.
Board of Architectural Review
On motion of Supervisor O'Keeffe, seconded by Councilman Odierna, it was
RESOLVED, that Doris Erdman is hereby appointed to
replace Robert Wassman on the Board of Architectural
Review effective immediately.
22
May 4, 2005
ADDED ITEM:
Proposed Resolution — Safe Act
on motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
WHEREAS, a bi-partisan group of senators from across the
political spectrum, political philosophy and geographic areas
of the nation have introduced the SAFE Act, revising four
controversial provisions of the USA PATRIOT Act; and
WHEREAS, the SAFE Act would help restore protection of
U.S. civil liberties but would not interfere with the
constitutionally permissible tools needed by law enforcement
professionals, and
WHEREAS, the SAFE Act revises four USA PATRIOT Act
provisions: "sneak and peek" warrants, "John Doe" roving
wiretaps, secret surveillance of business records including
those of libraries and bookstores, and administrative
subpoenas, and
WHEREAS, sneak and peek warrants under the USA PATRIOT
Act allow law enforcement officers to obtain a warrant that
will permit them to secretly enter one's home or business for
search and seizure procedures and delay notification of the
search for a "reasonable period" (with no definition of the
term "reasonable"), the SAFE Act would limit the
circumstances in which a search could be conducted with
delayed notification, would limit the delay in notification to
seven days with seven-day renewals of the delay available
under court supervision, and would require the Department of
Justice (DOJ) to report regularly to Congress and to the
public summarizing the number of times the DOJ has used
delayed notification warrants, and
WHEREAS, John Doe" roving wiretaps are those wiretaps
that do not name a specific person or place which means
under the USA PATRIOT Act, law enforcement officers can
obtain wiretaps which do not specify either the name of the
suspect or the location where the wiretap is to be placed..
This authority constitutes a virtual blank check for wiretap
surveillance permission. The SAFE Act states that the FBI
must either identify the suspect or submit a description of the
suspect together with the nature and location of the facility or
place at which the surveillance will be directed, and also
provides that the surveillance may be conducted only when
the suspect is present at the place to be wiretapped; and
WHEREAS, under the USA PATRIOT Act the FBI does not
have to show probable cause of criminal activity in order to
get a secret Foreign Intelligence Surveillance Act (FISA) court
warrant to obtain secret surveillance of business records,
including those of libraries and bookstores, the FBI must
merely certify that the information sought is related to an
ongoing investigation. Under the SAFE Act, the FBI would
have to be able to articulate specific facts giving reason to
believe that the suspect is a foreign power or an agent of a
foreign power to get a FISA court warrant for business record
surveillance and the DOJ would have to report regularly to
Congress on its use of this authority, and
WHEREAS, "administrative subpoenas" or "National Security
Letters." do not require judicial permission, but rather can be
issued by an administrative agency with no court oversight
23
May 4, 2005
under the USA PATRIOT Act, and law enforcement officials
are permitted to issue National Security Letters to "wire and
electronic communication service providers," generally
interpreted as telephone companies and the like. The DOJ
interpretation includes libraries in this category, based only
on the fact that libraries offer public internet terminals for
patron use. The SAFE Act explicitly excludes libraries from
the definition of wire and electronic communication service
providers, and safeguards this protection by including a
definition of the term "library;" and
WHEREAS, a sunset clause is a portion of a statute that
provides that the law or part of a law described in the sunset
clause will expire automatically and cease to have the force
and effect of law on a certain date unless Congress
specifically renews it, and having a sunset clause attached to
a controversial provision ensures congressional examination
about whether a provision is effective and about the expected
or unexpected burdens that the provision has imposed. The
USA PATRIOT Act includes a sunset clause for a number of
its provisions, but does not include such sunsets for other
controversial provisions;
NOW THEREFORE, BE IT
RESOLVED, the Town of Mamaroneck supports the use of
sunset clauses as proposed in the SAFE Act for the
provisions authorizing "sneak and peek" warrants, "John
Doe" roving wiretaps, secret surveillance of business records
including those of libraries and bookstores, and
administrative subpoenas.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
APPROVAL OF MINUTES - February 16, 2005, March 2, 2005 & March 16, 2005
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the approval
of minutes was unanimously approved:
RESOLVED, that the Town Board does hereby approve
the minutes of March 2, and March 16, 2005 as amended.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
3. Authorization — Transfer of Funds —Town Center Repairs
24
May 4, 2005
The Board adjourned for five minutes into executive session to discuss this matter.
Then on motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
Resolved, that the Town Board hereby approves the
Transfer of Funds in the amount of$40,000 from the
unreserved balance of General Fund to budget account
A1620.4012 — Town Center Building Repairs.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
ORAL COMMUNICATIONS
George Roniger, of the Larchmont Gardens Civic Association, said the dog poop bags
have been a success. If you walk around the brook you can see lots of erosion going on,
the grass is gone in many areas. Most people are very happy with snow removal but the
salt is a problem. He said the Spring Fling will be held on May 21St and there will be lots of
fun. Their annual meeting will be held at the Firehouse tomorrow night at 7:30 pm.
SUPERVISOR REPORTS
The Supervisor said she attended the retirement party for Arline Stefanisko, as did other
Board members, it was a nice party and she wishes her luck and happiness.
REPORTS OF THE COUNCIL
Councilman Odierna said the Town donated a surplus computer to the Larchmont Senior
Centers and he set them up last Friday. The seniors are already learning how to use it.
Councilwoman Wittner said she attended the Municipal Officials dinner on April 14th and
the Coastal Zone Management meeting. She went to the retirement party of Jim Maxwell in
New Rochelle. She also was at the Fire Council meeting on May 2.
Councilwoman Seligson attended the Zoning Board meeting on April 27 and they said they
were not informed of the new appointment to their board. Communication to the Boards
and Commissions regarding appointments must improve. And at a group meeting there
was a discussion on potential field sites we are looking at location in Saxon Woods Park.
Councilman Winick went to the Traffic Committee meeting held last night where they
discussed a request from Blossom Terrace residents for a means to safely cross Palmer
Avenue, it's a complex issue. They also discussed a stop sign on West Garden Road and
Locust Ridge Road, and parking restrictions at Winged Foot.
The Board decided to also formally ask the Traffic Committee to restudy the issues on
Colonial Avenue.
25
May 4, 2005
ADJOURNMENT
On motion of Councilman Winick, seconded by Councilwoman Wittner, the meeting was
unanimously adjourned at 12:15 AM in memory of Philip Triffiletti, Father of Mayor Triffiletti
who recently passed away.
Respectfully submitted,
Patricia A. DiCioccio, Town Clerk
F:\Documents\M i n utes\2005m i nw\05-04-05.Last.Doc
26
TOWN OF MAMARONECK FIRE DEPARTMENT
SERVICE AWARD STANDINGS
I January 1 to March 31,2005
CATEGORY 1-TRAINING - 25 POINTS MAX. CATEGORY 5- MEETINGS 20 POINTS MAX.
CATEGORY 2 - DRILLS - 20 POINTS MAX. CATEGORY 6- DEPT. RESI 25 POINTS MAX.
CATEGORY 3-SLEEPIN/STDBY 20 POINTS MAX. CATEGORY 7-MISC.ACTI110 POINTS MAX.
CATEGORY 4-ELECTED/APPT. 25 POINTS MAX. CATEGORY 8-ACTIVE MIL 50 POINTS MAX
CATEGORY 9-LINE OF DU 5 POINTS PER MONTH
NAME CAT.1 CAT.2 CAT.3 CAT.4 CAT.5 CATEGORY 6 CAT.7 CAT.8 CAT.9 ACCUM
TRAINING DRILLS STDBY ELECT MEETINGS 1st QTR. 2nd QTR. 3RD QTR. 4TH QTR YEARLY YEARLY MISC. MILITARY DISAB. POINTS
Michael J.Acocella 3 22 1 2626 26
Michael Alberico 3 27 27 3
Bob Blaufarb 2 2 2 19 19 6
Robert Brown 2 7 1- 11 11 10
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Douglas Burrell 2 5 3 22 22 10
Marc Burrell 1 _ 22 2 2 23
Frank Cloffi 1 25 1 5 5 27
Brenden Collins 3 3 25 3 75 75 25 59
David Commender 3 25 3 82 82 25
_ David Cremins 1 16 10 10 17
Andres deLasa 2 5 2 39 39
Noah Goldberg 3 7 3 61 61 25 38
Ted Hecht 2 17 2 6 6 21
Michael Hilton1 13 13
Shaun Hughes 3 14 3 65 65 25 45
Darren Levine 3 _ 3 9 9 6
Michael Liverzani 3 2 16 2 40 40 23
Adam Maisel 2 2 1' 30 30
David Maisel 5 3 17 3 78 78, 25 53
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INAME CAT.1 CAT.2 CAT.3 CAT.4 CAT.5 CATEGORY 6 CAT.7 CAT.8 CAT.9 ACCUM.
TRAINING DRILLS STDBY ELECT MEETINGS 1st QTR 2NDQTR 3RD QTR. 4TH OTR. YEARLY YEARLY MISC. MILITARY DISAB. POINTS
CALLS/RESP CALLS/RESP CALLS/RESP CALLS/RESP CALLS/RESP POINTS
Sean McCarthy 5 1 25 3 69 69 25 59
Joseph Mirabella 2 25 2' 39 39 29
Joseph Mitchell 2 2 2 18 18 6
Jeffrey Nabi 3 16 2 20 20 21
Grant Nishanian 3 2 3 40 40 8
Larry Oberman 3 2 3 ' 50 50 25 33
Joseph Paprota 1 9 43 43 10
Matthew Peloso 12 3 25 1 71 _71 25 66
Jeffrey Rogoff 2 2 1 4 4 5
Joseph Russo 10 3 25 3 121 121 25 66
Michael Roxbury 2 2 64 64 25 29
Louis Santoro 2 4 2 2 2 8
Richard Simon 6 1 10 10 7
Christopher Tortorella 3 2 17 17 5 .
Robert Thaulle 3 4 3 17 17 10
Dennis Tortorella 3 9 3 37 _ 37 15
Richard Tortorella 2 4 3 10 10 9
Alan Wilson 2 25 3 13 13 30