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HomeMy WebLinkAbout2005_01_05 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JANUARY 5, 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 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 WORK SESSION The Town Board convened at 5:30 PM into a Work Session at the Town Center in Conference Room A. The Cove A contingent of students from the High School were present to outline a plan to reinstitute The Cove, which was originally held at Flint Park on a monthly basis. One of the problems was one of capacity. The building held 150 people, but there were many more than that on line to get in, which resulted in fights and unruly behavior. If they were able to use the Town Garage for the dances, it would work better because there is a much bigger capacity and the entrances and exits could more easily be handled at that site. There would be two advisors, two bouncers and the youth officer at all times. There was a discussion on various aspects of proposed dances, including the costs. Discussion of Liability Insurance Policies Two representatives from our insurance carrier, Coughlin, discussed a glitch with the Town's excess coverage. They defined "excess insurance" as being an amount over and above $10 Million. There apparently was a problem in what was originally quoted for this. It was under quoted and has to be rectified. There was one bid for$137,500 and another bid for$205,000. The company that bid the $137,000 came back and said there was a mistake and they can't provide it at that price. They were able to procure a price quote for more coverage by Scottsdale Indemnity for$15 million, but the Board would have to approve it and authorize the agreement. The cost to the Town will be $137,000. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was: RESOLVED, that the Town Board does agree to the change in insurance policy coverage from $10,000,000 to $15,000,000 as outlined in the agreement; and BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said contract on behalf of the Town. January 5, 2005 Tree Appeal — 74 Landsdowne Drive Councilwoman Seligson said she had visited the site. The owner seems to want to be amenable to his neighbors, but he wants to terrace and fill in so he can use his yard. His house is the highest, and the only thing he needs is tree removal approval. The Board then discussed this matter. CALL TO ORDER The Regular Meeting of the Town of Mamaroneck was called to order by Supervisor O'Keeffe at 8:25 PM. She then pointed out the exits. The Board decided to make all the appointments at once since they were renewals as follows: APPOINTMENT OF: Civil Officers Budget Officers DESIGNATION OF: Town Board Meetings Official Newspapers Depositories of Funds and Bank Signatures Civil Officers: One Year Term 3 Appointees RESOLVED, that Jay Reynolds is hereby reappointed as Civil Officer of the Town of Mamaroneck to serve a term of office of one year, effective January 1, 2005 and terminating on December 31, 2005; and BE IT FURTHER RESOLVED, that Joseph Mitchell is hereby reappointed as Civil Officer of the Town of Mamaroneck to serve a term of office of one year, effective January 1, 2005 and terminating on December 31, 2005; and The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye SUPERVISOR'S APPOINTMENT - BUDGET OFFICER RESOLVED, that pursuant to the Supervisor's recommendation, Stephen V. Altieri, Town Administrator, is appointed Budget Officer effective January 1, 2005 and terminating December 31, 2005. DESIGNATION OF TOWN BOARD MEETINGS 2 January 5, 2005 BE IT FURTHER RESOLVED, that the regular meetings of the Town Board will be held in the court room of the Town Center, 740 West Boston Post Road, Mamaroneck, New York at 8:15 PM on the first and third Wednesdays of each month except only one meeting will be held in July and August, said dates to be scheduled at a later time; and BE IT FURTHER RESOLVED, that said meetings, dates and places may be changed at the pleasure of the Town Board upon adequate notice being given. OFFICIAL NEWSPAPERS RESOLVED, that the Journal News, the Sound View News, Sound and Town Report, hereby are designated as the official newspapers of the Town of Mamaroneck for the purpose of publishing legal notices during 2005. DEPOSITORIES OF FUNDS AND BANK SIGNATURES RESOLVED, that the following banks and trust companies are hereby designated as depositories for funds of the Town of Mamaroneck for the year 2005 to be continued in their present status: • MBIA CLASS INVESTMENTS, ARMONK • The Bank of New York County Trust Region, Mamaroneck • IP Morgan Chase, Larchmont • Hudson Valley Bank, Mamaroneck • Bank of America, Larchmont • Wachovia Bank, Larchmont BANK SIGNATURES: RESOLVED, that all authority heretofore granted to withdraw funds from and to draw checks, drafts and other orders upon the Town of Mamaroneck accounts maintained at the aforesaid banks hereby is rescinded and revoked and hereafter such withdrawals, checks, drafts and other orders shall be authorized when signed by signature or facsimile signature of the Town Supervisor and Comptroller or Deputy Comptroller or Receiver of Taxes. BE IT FURTHER RESOLVED, that all withdrawals, checks, drafts and other orders relative to the Community Service Discretionary Fund located at the Bank of New York shall be authorized when signed by the signatures of Anna Danoy, Director of Community Services, and Stephen V. Altieri, Town 3 January 5, 2005 Administrator. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Councilwoman Myers, seconded by Councilman 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: 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 Seligson, 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. 124.13 AAA Emergency Supply Co., Inc. 27.00 AAA Emergency Supply Co., Inc. 40.00 AAA Emergency Supply Co., Inc. 131.80 AAA Emergency Supply Co., Inc. 194.05 Avaya 51.89 Cablevision 31.05 Excelsior Garage & Machine Works, Inc. 226.92 Excelsior Garage & Machine Works, Inc. 1,076.44 Fire Academy FSA 35.00 Grainger 121.21 Jennifer Mirabella 60.00 Ken Jones Plumbing & Heating 220.00 Matthew Peloso 307.16 Nextel 248.31 NYS Academy of Fire Science 100.00 Poland Springs Water Co. 54.43 Sound Shore Contracting 1,276.00 Sutphen East Corp. 737.36 Town of Mamaroneck Fire Department 750.00 Verizon 59.45 Verizon 292.21 VFIS 68,447.40 Westchester Joint Water Works 117.58 4 January 5, 2005 911 Wear, Inc. 2,216.18 TOTAL $76,945.57 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Odierna, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Appointments to Boards and Commissions This matter was held over. 2. Update— Emergency Medical Service — Closure of United Hospital Michael Liverzani, Ambulance District Administrator, spoke on the impending closing of United Hospital. The most immediate problem with the closing is that the ambulances will have to travel further. We will have to watch and see how it will affect us. He had attended a meeting at Greenwich Hospital and was assured that they would welcome us. The problem is that they are at least 20 to 30 minutes away. At this point we will leave it up to the crew at the scene to decide on a case by case basis where they will travel. A discussion followed on the closing and various hospitals. 3. Tree Appeal — 74 Lansdowne Drive This was an appeal of a tree removal permit issued for 74 Lansdowne Drive. The appeal by the applicant brought out many residents who were represented by counsel and a landscape architect. Mr. Williams, owner of 74 Landsdowne, and his architect were introduced. Supervisor O'Keeffe asked them to explain why the trees were being taken down. Mr. William said that since the original application they have reduced the number of trees to be taken down. Councilwoman Odierna said he had only a preliminary drawing of the trees and would like to see the final proposal. Mr. Williams answered that the drawings were of the committed plan and no changes were intended. He said trees 2, 3, 4, cannot be saved, 5 is badly damaged, 6, and 7 are in the area of construction, 8 can be saved because it is in good condition as is 9. Tree 10 is severely rotted inside, 11 is in the construction area, 12, 14 and 15 all are hazardous, and 13 is in poor condition. Attorney Steve Silverberg, representing neighbors in the appeal, said the law states the purpose of allowing removal of trees. An important issue is the lack of environmental form or even consideration of environmental issues, especially since all actions are subject to review by the Coastal Zone Management Commission. Under 207-4 criteria are set criteria to look at species and the environment of the area. Under 207-6c the Tree Commission may require more information based on general welfare of the area—The Town is segmenting the process if they only look at tree removal. It needs to look at the impacts on 5 January 5, 2005 grades and runoff. The Town should deny the tree permit and send it back to the Tree Commission. There was then a long discussion on the condition and reasons for each of the trees, as well as the process. Supervisor O'Keeffe said she would like to hold off, to look at the issues brought up by Mr. Silverberg, and to get different drawings which give us enough information on which to base a decision. Councilman Odierna agreed. He would like to see the entire project, not piece meal, and at some point we have to look at this project through SEQRA regulations. Councilwoman Seligson said when reviewing the law it appears we can look at broader issues such as grading. We also need a proposal in clearer form. Mr. Maker outlined what the Board would like to see in the drawings such as placement of other trees and more field information showing all the trees. What the Board was given is incomplete. Mr. Williams stated that what was given to the Board is what is normally given in a tree application. The changes he is proposing have been in accommodation. He said he would be happy to come back. Councilwoman Wittner said there was insufficient information concerning how existing trees will be protected but does agree hazardous trees should come down. Councilwoman Myers concurred the unsafe trees should be taken down but would like more information about the rest. There was then further discussion On motion of Councilwoman Myers, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board finds that the removal permit issued for the 74 Lansdowne Drive is hereby declared to be a Type II action with no impact under the New York State Environmental Quality Review Act (SEQRA) The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the removal of all trees at 74 Lansdowne Drive found to be in hazardous condition; and BE IT FURTHER, RESOLVED, that the property owner work with the Town staff to determine which additional trees are to be removed. The above resolution was put to a roll call vote: Seligson - Aye 6 January 5, 2005 Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye There was a five minute break in the meeting. George Latimer, State Assemblyman said he stopped by to announce he started his new job in Albany and to drop off the State of the State booklet. He plans on dropping by often and will be keeping the Town informed on any new bills or issues affecting us. He thanked the Board for all courtesies shown him during the past 13 years as County Legislator. 4. Acceptance of FEIS Forest City Daly Mr. Andrew Tung of Divney, Tung, Schwalbe, LLP introduced himself saying he was here to submit the Final Environmental Impact Statement (FEIS) for Forest City Daly. After receiving comments on the Draft Environmental Impact Statement, revisions were made and they are ready for the Board's acceptance at this time Supervisor O'Keeffe was in agreement as to the document being accepted as complete. Mr. Maker said that acceptance of the document means all questions raised have been answered, and the Town Board will now do findings within 30 days. Then, based on the findings, a determination will be made regarding any environmental concern. The FEIS is now a public document and copies should be available by Monday. On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby accept the Final Environmental Impact Statement submitted by Forest City Daly. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 5. Set Public Hearing — Ice Rink Concession On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the proposed legislation for the ice rink concessions for January 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 7 January 5, 2005 official newspaper, and that said notice be posted as follows. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 6. Amendment to Fence Law On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the proposed legislation for the Amendment to the Fence Law for January 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: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 7. Master Agreement— Initial Project Proposal —Myrtle Blvd. and N. Chatsworth Ave Supervisor O'Keeffe read the following resolution, then on the motion of Supervisor O'Keeffe, seconded by Councilwoman Seligson, the following Master Agreement as recommended by the Town Administrator was approved: WHEREAS, a Project for the Traffic Improvement at Myrtle Boulevard and North Chatsworth Avenue in the Town of Mamaroneck, Westchester County, PIN #8758.81 (the "Project") is eligible for funding under Title 23 U. S. Code, as amended; and WHEREAS, the Town of Mamaroneck desires to advance the above project by making a commitment of 100% of the costs of preliminary engineering. WHEREAS, NYSDOT has devoted funding for the construction phase of the project that calls for the apportionment of the costs to such program to be borne at the ration of 100% Federal funds. NOW THEREFORE, the Mamaroneck Town Board, duly convened, does hereby RESOLVED, that the Mamaroneck Town Board hereby approves the above-subject project; and BE IT FURTHER 8 January 5, 2005 RESOLVED, that the Mamaroneck Town Board hereby authorizes the Town of Mamaroneck to pay in the first instance 100% of the cost of preliminary engineering work for the Project or portions thereof; and BE IT FURTHER RESOLVED, that the sum of$20,000.00 is hereby appropriated from Capital Project 24-07 and made available to cover the cost of participation in the preliminary engineering phase of the Project; and BE IT FURTHER RESOLVED, that in the event the costs of the project exceed the amount appropriated above, the Mamaroneck Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Town of Mamaroneck Administrator thereof, and BE IT FURTHER RESOLVED, that the Mamaroneck Town Administrator be and is hereby authorized to execute all necessary Agreements on behalf of the Town of Mamaroneck with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of preliminary engineering costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary agreement in connection with the Project, and BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 8. Approval of Certiorari On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: 9 January 5, 2005 875 Associates - 875 Mamaroneck Avenue Marnaroneck, NY 10543 Block: 821 Lots: 490, 54.1 and 54.2 Town of Mamaroneck/Village of Mamaroneck Aggregate Aggregate Year Assessment Reduction Assessment 2000 $122,900 $19,980 $102,920 2001 $122,900 $36,410 $ 86,490 2002 $122,900 $38,900 $ 84,000 2003 $122,900 $48,000 $ 74,900 2004 $122,900 $48,000 $ 74,900 AND BE IT FURTHER, RESOLVED, that the allocation of the reduction in assessment between the two lots involved be left to the discretion of the Assessor. The Town will refund or not collect approximately $2,600; the School District about $91,800. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 9. Salary Authorization Supervisor's Office On the motion of Supervisor O'Keeffe, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does authorize the appointment of Fran Antonelli as interim secretary in the Supervisor's Office at the rate of $15.00 per hour. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Community Service On the motion of Supervisor O'Keeffe, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does authorize the appointment of Charlotte Copeland as a Community Outreach worker. This extension is requested through April 1, 2005 at a continuing hourly rate of$15.00 per hour. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye 10 January 5, 2005 Myers - Aye Wittner - Aye O'Keeffe - Aye Not on Agenda —ADDED ITEMS 10. Reports of Bids — Cleaners for Police Department— REJECTED Mr. Altieri explained in a memo that bids were opened and read for both cleaning of and furnishing of police uniforms. One bid was received from current contractors for each contract and, since multiple bids are possible, he recommended bids be rejected. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was: RESOLVED, that the Town Board does hereby reject the bids received for the cleaning of Police Uniform and for the furnishing of Police Uniforms; and BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to resubmit the proposal for bidding. 11. Reports of Bids — Fuel Oil & Diesel Fuel The following are bids received for each item: Diesel Fuel Clickable Oil.com Inc. $ 1.7035 Lawrence Heat and Power Inc. $ 1.8360 Fuel Oil #2 Lawrence Heat and Power Inc. $ 1.6580 Clickable Oil.com Inc. $1.70 The recommendation is that the contracts be awarded to the lowest responsible bidders for each contract. RESOLVED, that the Town Board does hereby award the contract bid to Clickable Oil.com Inc. for diesel fuel and Lawrence Heat and Power for #2 Heating Oil, which submitted the lowest responsible bid 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: Seligson - Aye Odierna - Aye Myers - Aye ll January 5, 2005 Wittner - Aye O'Keeffe - Aye 12. Saxon Woods Park Resolution The Supervisor read the following resolution: Whereas, within the unincorporated area of the Town of Mamaroneck and within the Villages of Mamaroneck and Larchmont there exists a wide choice of athletic programs for children and adults; and Whereas, the growth of these diverse athletic programs places a serious demand upon the limited number of fields available for athletic programming; and Whereas, the Town of Mamaroneck and the Villages of Mamaroneck and Larchmont have determined that there is a need for additional playing fields in the community; and Whereas; the County of Westchester currently offers a program to provide for the construction of playing fields for local municipalities throughout Westchester County; and Whereas, officials of the Town of Mamaroneck have been in contact with officials of the County of Westchester regarding the possibility of a playing field being constructed in Saxon Woods Park; and Whereas, the Villages of Mamaroneck and Larchmont endorse the Town of Mamaroneck's efforts and wish to join in the endeavor. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Mamaroneck and the Board of Trustees of the Village of Larchmont join with the Town Board of the Town of Mamaroneck in supporting the concept of the County of Westchester constructing a playing field in Saxon Woods Park to further enhance the athletic programming and recreational opportunities for the residents of both Villages, the residents of the unincorporated area of the Town of Mamaroneck and the residents of the County of Westchester who live outside the Town of Mamaroneck. Then on motion of Supervisor O'Keeffe, seconded by Councilwoman Myers, the above resolution was adopted. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye ORAL COMMUNICATION Irving Scharf said the revaluations done in Rye have hurt Rye Neck homeowners most. Their properties advanced fast— if the Town does revaluation, they will have to include a standard deduction. 12 January 5, 2005 REPORTS OF COUNCIL Councilwoman Myers said she made a field trip with members of the Cove and Youth Council to find a new venue. They also came to our work session to discuss it with the Town Board members. Councilwoman Seligson said she attended a short meeting of the Zoning Board of Appeals. She would like to see us review the FAR law as we originally agreed to do and would like to see us accomplish the coordinated trail. Councilwoman Wittner said she would like to add to the above list by also revisiting zoning along the Boston Post Road. Councilman Odierna attended George Latimer's swearing-in ceremony, which was exciting. He is sure to be a great Assemblyman. He attended the New Year's Eve opening of Village of Mamaroneck's Trustee Joe Angiletta's auto body shop on Valley Place. It's a beautiful building. Supervisor O'Keeffe said she would present her State of The Town Address at the next meeting. She congratulated the Highway staff for doing such a good job on the snow that fell two weeks ago. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the meeting was unanimously adjourned at 11:05 PM. Submitted by, Patricia A. DiCioccio, Town Clerk FADocumentsWinutes\2005mi nfl01-05-05x.Doc 13