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HomeMy WebLinkAbout2005_10_06 Town Board Minutes October 6, 2005 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON OCTOBER 6, 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 Tunnel at Larchmont Train Station The Board discussed possible solutions to the problem of renovations to the tunnel. Supervisor O'Keeffe said she had met with State Assemblyman Latimer regarding procuring funds towards this. Fire Department Matt Pelosa and Joe Russo spoke about replacing fire engine number 51, which they said was 26 years old. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:20 PM. She then pointed out the location of exits. Councilman Odierna read the following proclamation into the record: PROCLAMATION — United Nations Children's Week WHEREAS, The United Nations was founded in 1945, and the 60th Anniversary of its founding is being observed this year with special attention devoted to recommitting the 191 member states to progress towards the Millennium Development goals established in the year 2000, and WHEREAS, The fourth of the Millennium Development Goals focuses on the reduction of child mortality and seeks to reduce by two-thirds the mortality rate among children under five by 2015, and WHEREAS, UNICEF, the United Nations Children's Fund, as well as the governments of many nations around the world have joined with the United States government and the American people in providing extensive expertise, emergency supplies, and funding for relief and reconstruction in the areas ravaged by Hurricane Katrina; and WHEREAS, The United States Fund for UNICEF has announced that 50% of all funds received by it from the 2005 Trick or Treat for UNICEF Halloween Campaign will be dedicated to these Hurricane Katrina relief efforts; and WHEREAS, Both these short-term efforts and the longer-term objectives of the - 1 - October 6, 2005 Millennium Development Goals will help provide for children in the United States and around the world a safe, healthy, and prosperous future living together in a peaceful world; and WHEREAS, The residents of the Town of Mamaroneck join in celebrating these important efforts on behalf of children everywhere. NOW THEREFORE, BE IT RESOLVED, that 1, Valerie Moore O'Keeffe, Supervisor of the Town of Mamaroneck, and the Town Board members, hereby order that the United Nations flag be flown from the Town flagpole from October 19 through October 26 and proclaim the week of October 19 through October 26, 2005 in the Town of Mamaroneck as UNITED NATIONS CHILDREN'S WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 6th day of October 2005. Supervisor O'Keeffe presented the proclamation to Lee Bloom who was here on behalf of the UN. He expressed his appreciation for the Board's kind reception which he said he always gets from the Town. He then spoke about the UNICEF program. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Councilman Odierna, seconded by Councilwoman Wittner, 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 Winick presented fire claims for authorization of payment, thereafter on Commissioner Winick's motion, seconded by Commissioner Wittner, it was RESOLVED that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: AAA Emergency Supply Co., Inc. 156.50 American Gun & Uniform 469.87 Brake,Clutch & Driveshaft 117.82 Brewers 136.72 Con Edison 176.88 Fire-End & Croker 352.70 Floral Barn 360.00 Floral Barn 108.50 General Sales Administration 100.00 G&K Services 128.38 Gloves, Inc. 61.39 Ikon Office Solutions 166.95 Nextel 270.23 Pitt Stop Auto Parts 19.98 Pitt Stop Auto Parts 166.93 Rye Ford Subaru 65.06 Sound Shore Pest Control 130.00 Sutphen East 76.24 United Water 215.13 Verizon Wireless 13.11 -2- October 6, 2005 Westchester Elevator 187.00 911 Wear, Inc. 701.46 911 Wear, Inc. 593.73 TOTAL 4774.58 2. Other Business Commissioner O'Keeffe said the Fire Department has mentioned the need for a new fire engine. We will ask them to come to a Board meeting with more information about it. Commissioner Wittner announced the Annual Fire Inspection dinner would be held tomorrow night. She missed the last Fire Council meeting because it fell on the Jewish holiday. There being no further business to come before the Commission, on motion of Commissioner Winick, seconded by Commissioner Odierna, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Authorization — Community Development Block Grant Operating Agreement In a memo from the Administrator it was explained that this agreement was for the Town to receive a grant in the amount of$210,00 from the County for the construction of sidewalks, curbs, and new lighting in the Dillon Park neighborhood. He said authorization was needed for him to execute the agreement. On motion of Councilman Winick, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the agreement between the County of Westchester and the Town of Mamaroneck for the Dillon Park/Boston Post Road Sidewalk Project; BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to enter into and execute a project agreement with the County of Westchester for financial assistance to the Town for the Dillon Park/Boston Post Road Agreement in the amount of$210,00. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 2. Authorization — Prisoner Transportation Agreement On motion of Councilman Winick, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the renewal agreement with the County of Westchester for the reimbursement for prisoner transportation from the County prison to Town court at a rate of$145.40 per round trip in 2005 and $151.22 per round trip in 2006; and BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Administrator to execute above-said agreement on behalf of the Town. - 3 - October 6, 2005 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 3. Report of Bids —Asphalt Roller TA-05-07A The Administrator said he was recommending awarding of the contract to the lowest responsible bidder, Edward Ehrbar, Inc. They bid $30,750. RESOLVED, that the Town Board does hereby award the bid TA-05-07A for an Asphalt Roller to Edward Ehrbar, Inc., 100 Secor Lane, Pelham Manor, NY, who was the lowest responsible bidder at$30,750.00. BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said contract 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 The bids received were as follows: Edward Ehrbar, Inc., Pelham Manor, NY $30,750.00 Westchester Tractor, Goldens Bridge, NY $34,500.00 H. O. Penn Machinery, Bronx, NY $36,397.00 4. Authorization — Capital Project—Gardens Lake Restoration Mr. Altieri explained this would establish the account for the funds which the Town will remit to the County for our share of this project. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the following resolution was adopted: RESOLVED, that the Town Board hereby authorizes the Comptroller to establish Capital Project#25-03—Account No. H8597.4.8510.5001 entitled Sheldrake River/Garden's Lake. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 5. Resolution —Westchester Joint Water Works On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner, the following resolution was adopted: WHEREAS, The Town of Mamaroneck, a municipal corporation organized pursuant to the laws of the State of New York is authorized by Section 24-360 of the -4- October 6, 2005 Administrative Code of the City of New York to take and receive a supply of water from the New York City water supply system; and WHEREAS, Westchester Joint Water Works, a joint water works corporation organized pursuant to the laws of the State of New York is the statutory agent for the Town of Mamaroneck pursuant to Unconsolidated Laws 6121 et seq. ("W J W W"). NOW THEREFORE, BE IT RESOLVED, that W J W W, through its manager, as statutory agent for the Town of Mamaroneck, is authorized and empowered to execute and deliver a Water Supply Agreement with the NYC Water Board, in substantially the form presented to this meeting with such changes therefrom as shall be approved by the Manager of W J W W, his approval to be conclusively evidenced by his execution thereof; and BE IT FURTHER RESOLVED, that the Town of Mamaroneck agrees to comply with the provisions of Section 24-360 of the Administrative Code of the City of New York; and BE IT FURTHER RESOLVED, that the Town of Mamaroneck accepts, and agrees to abide by the terms and conditions of the aforementioned Water Supply Agreement with respect to all water supplied to them from the New York City water supply system via W J W W, including the provisions governing payment for such water; and BE IT FURTHER RESOLVED, that the Town of Mamaroneck agrees to undertake an accelerated effort to achieve increased water conservation in the Town in accordance with the terms of the aforementioned Water Supply Agreement; and BE IT FURTHER RESOLVED that the Supervisor of the Town of Mamaroneck is hereby authorized and empowered, in the name and on behalf of the Town of Mamaroneck to execute and deliver such other documents, and to take such other and further reactions, as they or either of them determine to be necessary or appropriate for the purpose of carrying out the foregoing resolutions. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 6. Authorization — Use of Voting Machines — Mamaroneck Library On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the use of two (2) voting machines for their referendum vote on December 13, 2005. The above resolution was put to a roll call vote: - 5 - October 6, 2005 Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 7. Salary Authorizations — Recreation On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that as provided for in the 2005 Town Budget the Town Board does hereby authorize the payment of salary to the following: Sara-Beth Carbonaro, Skating Inst., Hommocks Ice rink, $15/Class, Effective 10/2/05 Penny Doyle-Duffy, Skating Inst., Hommocks Ice rink, $16/Class, Effective 10/1/05 The above motion was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye Added Items: 8. Resolution — Clean Water Protection Flood Provention Act Councilwoman Seligson explained the purpose of the resolution urging its passage. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was resolved WHEREAS, as set forth in the state Freshwater Wetlands Act (Environmental Conservation law, Art. 24), the "freshwater wetlands of the state of New York are invaluable resources for flood protection, wildlife habitat, open space and water resources" WHEREAS, as set forth in the state Freshwater Wetlands Act (Environmental Conservation Law, Art. 24): Any loss of freshwater wetlands deprives the people of the state of some or all of the many and multiple benefits to be derived from wetlands, to wit: a. flood and storm control by the hydrologic absorption and storage capacity of freshwater wetlands; b. wildlife habitat by providing breeding, nesting and feeding grounds and cover form many forms of wildlife, wildfowl and shorebirds, including migratory wildfowl and rate species such as the bald eagle and osprey; c. protection of subsurface water resources and provision for valuable watersheds and recharging ground water supplies; d. recreation by providing area for hunting, fishing, boating, hiking, bird watching, photography, camping and other uses; e. pollution treatment by serving as biological and chemical oxidation basins; f. erosion control by serving as sedimentation areas and filtering basins, absorbing silt and organic matter and protecting channels and harbors; g. education and scientific research by providing readily accessible outdoor biophysical laboratories, living classrooms and vast training and education resources; and h. open space and aesthetic appreciation by providing often the only remaining open areas along crowded river fronts and coastal Great lakes regions; and i. sources of nutrients in freshwater food cycles and nursery grounds and sanctuaries for freshwater fish. WHEREAS, the U.S. Geological Survey estimated that, as of 1980, New York - 6- October 6, 2005 State already had lost 60% of its wetlands; WHEREAS, the state Freshwater Wetlands Act protects only wetlands that are 12.4 acres or larger, or those that have been specially designated as being of unusual local importance, and relies on the U.S. Army Corps of Engineers (ACOE) to protect the vast majority of wetlands under 12.4 acres; WHEREAS, as a result of changes in federal policy, so-called "isolated" wetlands are no longer afforded federal protection; WHEREAS the 12.4 acre size threshold in current state law coupled with the loss of federal protection for many smaller wetlands has created a regulatory gap, leaving an estimated tens of thousands of wetlands in New York without any regulatory protection; WHEREAS, New York is the only state in the Northeast that uses wetland size as a threshold criterion for wetland regulation; WHEREAS, the Town of Mamaroneck recognizes the valuable functions freshwater wetlands perform for the Town of Mamaroneck including maintaining water quality, preventing flooding, and providing critical habitat; and WHEREAS, the Town of Mamaroneck, recognizing the importance of wetlands, has passed a wetlands law protecting both freshwater and tidal wetlands; and WHEREAS, the Clean Water Protection Flood Prevention Act (A.2048/S.2081) gives greater protection to New York's freshwater wetlands by reducing the size threshold for state jurisdiction to one acre and streamlining the wetland mapping process. NOW THEREFORE, BE IT RESOLVED, the Town of Mamaroneck does hereby request that the New York State Legislature enact the Clean Water Protection Flood Prevention Act (A.2048/S.2081); and BE IT FURTHER, RESOLVED, that a copy of this resolution be sent to (local Assembly members), Senator Charles Schumer, Senator Hilary Clinton, Senator Bruno, Speaker Silver, and Governor Pataki. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 9. Set Public Hearing — Illegal Sewer Connections On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the illegal sewer connections law for October 19, 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: - 7- October 6, 2005 Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye SUPERVISOR'S REPORT Supervisor O'Keeffe said George Roniger sent a letter regarding the work around Gardens Lake and of his frustration with the tunnel running under the railroad tracks at the Larchmont Station — it says that Mayor Bialo will not take responsibility. She commended Alan Casterella and his staff, who all worked overnight September 16 and 17 during the storm —for doing such a good job, and also the police she reminded everyone the Kiosk would be opened on September 26 from 3:00 PM to 6:45 PM through to November. She said the fundraising bazaar by the Larchmont seniors would be held on October 21 and 22, 2005 at the Larchmont Senior Center, raffle tickets are available. REPORTS OF THE COUNCIL Councilman Winick said the Traffic Committee would be meeting on Tuesday, November 11, 2005 Councilwoman Seligson attended a very successful Greenway meeting this past Monday, the signs are good. A Grand Opening of the trail is tentatively scheduled with the New York Runners Club in May 2006. The trail connects existing trails throughout the 5 Municipalities. The last Zoning Board meeting went late; she commended the members for their participation and for handling themselves well. Councilman Odierna went to the Recreation meeting on October 4 where they discussed the summer camps program. The Fall Recreation brochure was mailed and they talked about the Memorial Park Recreational facility. They will be discussing multi-generational recreation over the next few months. If anyone wants to donate anything for the Larchmont Senior's Bazaar, please contact them. Councilwoman Wittner said she attended the luncheon hosted by State Assemblyman Latimer at the Larchmont Senior Center. Coastal Zone Management met on the 7t". They received an application for the US Open for temporary set up; it's a tremendous undertaking. Suzanne Frank became a volunteer educator at the Sheldrake Center, first class starts October 20, from 9:30 to 11:30 AM. Anyone interested should call 834-4320. On Sunday, October 16, from 1 to 4 PM they will be holding the Annual Fall Festival — rain or shine, there will be music, hot dogs and fun for all. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the meeting was unanimously adjourned into at 9:35 PM. Submitted by Patricia A. DiCioccio, Town Clerk - 8-