HomeMy WebLinkAbout2005_01_19 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON JANUARY 19, 2005 AT
8:15 PM IN THE COURT ROOM OF THE TOWN, 740 W. BOSTON
POST ROAD, MAMARONECK, NEW YORK
PRESENT:
Deputy Supervisor Paul Winick
Councilwoman Phyllis Wittner
Councilwoman Judith A. Myers
Councilman Ernest C. Odierna
ALSO PRESENT:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
William Maker, Jr., Town Attorney
ABSENT:
Supervisor Valerie M. O'Keeffe
Councilwoman Nancy Seligson
Supervisor O'Keeffe was not present because her mother passed away.
WORK SESSION
Paul Winick presided as Deputy Supervisor and at 6:15 PM called the Work Session to order.
BAR
Arthur Wexler said that both the Villages of Larchmont and Mamaroneck have a Board of
Architectural Review for residential properties. The process should have the Building Inspector,
who will first issue the permit if a variance is needed, and then the Board of Architectural
Review must then approve it.
Mr. Winick said if the trigger is everyone who needs a variance, which over the years is not more
than a few, it will add months to the review.
There was a long discussion on the pros and cons of residential BAR's.
The Cove
Councilwoman Myers read from a letter she received from Rita Plansky in regard to the reasons
The Cove was discontinued. She mentioned that she spoke with a person responsible for
cleanup after the dance who said he found beer bottles, broken windows and lights, and
attempts to strip the wiring.
The Board discussed supervision, location, and starting dates should The Cove project be
approved.
Boards and Committees
This was held over to the next meeting.
January 19, 2005
Forest City Daly
Mr. Altieri spoke with Frank Fish who said there should be a first draft of the findings ready by
January 24. Then we will hold a hearing.
LMC-TV
Councilwoman Myers said at their meeting last night it was brought up that Eric Lewis, who is
being sued for not airing a political tape, is not covered by insurance because the paperwork
was not completed. The LMC-TV Board of Control agreed to insure him and changed the budget
to pay any legal costs already incurred.
CALL TO ORDER
The regular meeting of the Town Board was called to order by Deputy Supervisor Winick at
8:15 PM. He then pointed out the location of exits.
PRESENTATION: - State of the Town Message ........Deferred
Public Hearing —Amendment to the Fence law
The following notice 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, January 19, 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 "Finished Fence Law."
The purpose of the proposed Local Law would be to ensure the finished, textured side of fences
would face outward toward the neighboring property or street.
On motion of Councilwoman Myers, seconded by Councilwoman Wittner, the Public
Hearing was unanimously opened.
Councilman Odierna said this law was long overdue. He had received many resident comments
on this and was glad to see this law enacted.
Councilwoman Wittner said this law only affects which side faces out. It does not change
anything as to height.
There being no further comment, the hearing was unanimously closed on the motion of
Councilwoman Wittner, seconded by Councilwoman Myers.
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was
RESOLVED, that the Town Board finds that the adoption of the
proposed local law regarding Design Requirements in the Site
Plan Law is hereby declared to be a Type II action with No
Impact under the New York State Environmental Quality Review
Act (SEQRA).
On motion of Councilwoman Myers, seconded by Councilman Odierna, the following local law
was unanimously adopted:
Local Law No. 1 —2005
This local law shall be known as the "Finished Fence" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
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January 19, 2005
Section 1 - Purpose.
Often fences placed on boundary lines contain both a finished or textured side and an
unfinished side. When such fences are erected, more often than not the finished/
textured side faces the property of the person who constructed it and the unfinished
side faces the neighboring property or the street. The result is that the
finished/textured side faces inward and is not visible to the neighbor or the public. The
Town Board has determined that to enhance the beauty of the Town, the
finished/textured side should face outward toward the neighboring property or street,
as the case may be.
Section 2 -Amendment to an Existing Section of the Code of the Town of Mamaroneck
(1) Section 240-52 of the Code of the Town of Mamaroneck hereby is amended by
adding a new subdivision E thereto which provides as follows:
"§240-52. Walls and Fences.
E. Fences which have a finished or textured side and an unfinished side and which are
erected on or near a boundary line separating two or more lots or on or near the
boundary line separating a lot from a street shall be erected so that the finished or
textured sides faces the neighboring lot or lots or the street, as the case may be. In
addition, the supporting elements for such fences, such as beams, columns, pipes,
posts, wires and the like, shall not be placed or located against or on the same side as
the finished or textured side of such fences if more than one-half of the length or height
of such supports is visible only from one side of the fence.
(2) Except as amended hereby, section 240-52 of the Code of the Town of
Mamaroneck shall remain unaltered and in full force and effect.
Section 3 - 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 4 - 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 law was put to a roll call vote:
Odierna - Aye
Myers - Aye
Wittner - Aye
Public Hearing - Proposed Ice Rink Concession Stand
On motion of Councilman Odierna, seconded by Councilwoman Myers, 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, January 19, 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 a lease between the Town of Mamaroneck and Slap Shot Cafe at the Hommocks Ice
Rink.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, the Public Hearing was
opened.
Mr. Altieri explained the vendor at the Ice Rink, Slap Shot Cafe, requested renegotiating their
agreement which is due to expire May of 2005. They are asking the Town to eliminate the 2%
paid on gross sales and eliminate the rent during June and September since the facility is
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January 19, 2005
closed during these months. They reported $71,983 in gross sales and $74,907 in expenses for
2003. He said the public seems pleased with their service and recommended the Town adopt
the new agreement.
After discussion, on motion of Councilman Odierna, seconded by Councilwoman Myers, it
was,
RESOLVED, that the Town Board does hereby approve the
renewed agreement with Slap Shot Cafe as follows:
The current license would be extended through May 31, 2007
For the period of the extension the monthly rent would be $1,033 per month
Rent would not be paid in the months of June and September
The 2% payment based on sales would be eliminated
A monthly utility charge would be added to rent for use of gas & electricity;
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:
Odierna - Aye
Myers - Aye
Wittner - Aye
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Deputy Supervisor Winick and on motion of Councilwoman
Wittner, seconded by Councilman Myers, the Board of Fire Commissioners was unanimously
declared open.
Present were the following members of the Commission:
Commissioner: Phyllis Wittner
Commissioner: Judith A. Myers
Commissioner: Ernest C. Odierna
1. Fire Claims
Commissioner Meyers presented fire claims for authorization of payment, thereafter on motion
of Commissioner Wittner, seconded by Commissioner Myers, 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. 899.00
AAA Emergency Supply Co., Inc. 271.00
AAA Emergency Supply Co., Inc. 145.00
AAA Emergency Supply Co., Inc. 40.50
AAA Emergency Supply Co., Inc. 190.00
AAA Emergency Supply Co., Inc. 128.00
AAA Emergency Supply Co., Inc. 245.70
Cleaning Systems 319.63
Con Edison 1,326.72
Coyne Textile Services 36.16
IKON 159.00
Handling Innovations 1,182.00
J & J Barish 223.26
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Metro Truck Tire Service 228.00
Staples 455.85
Technical Electronics Inc. 160.00
Technical Electronics Inc. 148.00
Technical Electronics Inc. 1,102.81
Technical Electronics Inc. 1,102.81
Technical Electronics Inc. 1,102.81
Technical Electronics Inc. 905.40
Tn City Auto Parts 157.82
Verizon Wireless 12.90
Westchester Elevator 187.00
TOTAL $10,729.37
The above resolution was put to a roll call vote:
Odierna - Aye
Myers - Aye
Wittner - 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. Authorization — Southeast Consortium Agreement
This renewal agreement with Southeast Consortium is for the Town's share for them to
provide recreational programming for disabled individuals with developmental disabilities.
There is an increase of$1,933 for a total of$20,694 for 2005.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
RESOLVED, that the Town Board does hereby approve the
agreement between the Town of Mamaroneck and South East
Consortium to provide recreational programming for disabled
individuals with developmental disabilities for 2005 at a total
cost of$20,694.00; and
BE IT FURTHER,
RESOLVED, that the Town Administrator is hereby authorized
to execute said agreement on behalf of the Town.
The above resolution was put to a roll call vote:
Odierna - Aye
Myers - Aye
Wittner - Aye
2. Authorization — New York Power Authority Agreement
In a memo to the Board Mr. Altieri said he had received a letter from the New York State Power
Authority regarding an amendment to the current agreement with the Town of Mamaroneck.
Under the terms of the agreement between the Town and the Power Authority, there is a
provision whereby there must be a mutual agreement as to the index to be used for rate
adjustments. The New York State Power Authority is recommending that the producer price
index for industrial electric power as calculated by the United States Bureau of Labor
Statistics be used for electric rate adjustments. As the Power Authority's letter indicates, the
County of Westchester has consented to the use of the producer price index. In speaking with
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January 19, 2005
other Municipal Officials we have also learned that local governments in Westchester using
the New York State Power Authority have also agreed to use the producer price index to
calculate rate adjustments. The rate would be increased in 2005 by 2.4%. Therefore, the
recommendation to the Town Board is to authorize the execution of the attached letter
agreeing to the use of the producer price index for electric power rate adjustments.
On motion of Councilwoman Myers, seconded by Councilman Odierna, it was
RESOLVED, that the Town Board does hereby approve the
amendment to the current agreement between the New York
Power Authority and the Town of Mamaroneck as follows:
New York State Power Authority proposes that the Town of
Mamaroneck agree to use the Producer Price Index ("PPI") for
Industrial Electric Power(Code WPU0543)) produced by the
United States Bureau of Labor.
The above resolution was put to a roll call vote:
Odierna - Aye
Myers - Aye
Wittner - Aye
2. Authorization —2005 Capital Projects
The Administrator explained Westchester Joint Water Works is requesting a resolution
approving joint projects for 2005 which total $126,000. The Town's share is 20.4% or
$25,700.
On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was:
RESOLVED, that the Town Board does hereby approve the
Westchester Joint Water Works capital projects for 2005 as
follows:
Project 2005-J.1 Kenilworth Regulator Station
Project 2005-J.2 Westchester Avenue Regulator Pit
Project 2004-J.3 16" Valve Replacements
BE IT FURTHER
RESOLVED, that the Town Board does hereby approve the
expenditure for the above-stated capital projects at a total cost
of$126,007.00, of which the Town's estimated cost is not to
exceed $25,700.00 which represents 20.4% of the total cost.
The above resolution was put to a roll call vote:
Odierna - Aye
Myers - Aye
Wittner - Aye
3. Request from Village of Larchmont for the Use of Voting Machines
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was
RESOLVED, that the Town Board does authorize the use of
eleven (11) voting machines by the Village of Larchmont for the
annual elections in March as follows:
District 1 - (Town District 8) at Village Center—Two (2)
machines.
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January 19, 2005
District 2 - (Town Districts 6 and 7) at Chatsworth Avenue
School - Lunchroom —(2) Two machines.
District 3 - (Town Districts 9 and 26) at Chatsworth Avenue
School - Lunchroom —(2) Two machines.
District 4 - (Town District 10) at Village Center— (2) Two
machines:
Plus three spares.
The above resolution was put to a roll call vote:
Odierna - Aye
Myers - Aye
Wittner - Aye
5. Change of Board Meetings
On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
RESOLVED, that the Town Board does hereby set the dates for
the Town Board meetings in 2005 as follows:
January 5 June 15
January 19 July 13 (tentative)
February 2 August 17 (tentative)
February 16 September 7
March 2 September 21
March 16 October 5
March 30 October 19
April 13 November 2
May 4 November 16
May 18 December 7
June 1 December 20
The above resolution was put to a roll call vote:
Odierna - Aye
Myers - Aye
Wittner - Aye
6. Salary Authorizations
Police Department
On motion of Councilman Odierna, seconded by Councilwoman Myers, it was
RESOLVED, that the Town Board does hereby approve the
promotion of Matthew Mehlrose to the position of Sergeant in
the Police Department at an annual salary of$87,965 effective
January 20, 2005.
The above resolution was put to a roll call vote:
Odierna - Aye
Myers - Aye
Wittner - Aye
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January 19, 2005
School Crossing Guard
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was
RESOLVED, that as provided for in the 2005 Town Budget
the Town Board does hereby authorize the payment of
salary to Joseph Gareri as a substitute crossing guard
with the Police Department effective January 19, 2005 at a
daily rate of$67.00.
The above resolution was put to a roll call vote:
Odierna - Aye
Myers - Aye
Wittner - Aye
Temporary Clerk
On motion of Councilwoman Myers, 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 Lori Garcia as a Temporary Clerk to work in
various departments in the Town effective
January 19, 2005 at an hourly rate of$12.00
The above resolution was put to a roll call vote:
Odierna - Aye
Myers - Aye
Wittner - Aye
RECREATION
On motion of Councilman Odierna, seconded by Councilwoman Myers, 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:
Change New
Employees Hommocks Pool in Amount Per Effective
Name Position Salary Hour Date
Ann Anderson Manager $15.00 per hour $15.25 retroactive to
1/4/05
Jill Diamond Lifeguard $7.50 $8.50 retroactive to
1/4/05.
Emma Kravet Lifeguard $8.00 $8.25 retroactive to
Swim Instructor $17.00 $17.25 1/4/05.
Matt Moeller Key Attendant $7.00 $7.25 retroactive to
1/4/05
Katelyn Lifeguard $8.00 $8.50 retroactive to
O'Connor Swim Instructor $18.00 1/4/05.
Wayne Pollak, Manager $15.50 $15.75 retroactive to
Jr., 1/4/05
Jon Rubin Lifeguard $7.75 $8.00 retroactive to
1/4/05
Max Sanchez Lifeguard $7.75 $8.25 retroactive to
1/4/05
Cathleen Lifeguard $7.75 $8.00 retroactive to
Scanlon Swim Instructor $17.00 $17.50 1/4/05.
Lifeguard $7.00 retroactive to
Philip 1/4/05.
Comerford
Catine Freidli Lifeguard $7.50 retroactive to
1/4/05
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January 19, 2005
Christopher Lifeguard $8.50 retroactive to
Hartnett 1/4/05.
John Keenan Swim Instructor $18.50 retroactive to
1/4/05.
Patricia Lee Manager $15.75 retroactive to
1/4/05
Brett Moeller Alternate $8.50 retroactive
Lifeguard to 1/4/05.
Courtney Steers Alternate $8.00 retroactive to
Lifeguard 1/4/05.
The above resolution was put to a roll call vote:
Odierna - Aye
Myers - Aye
Wittner - Aye
REPORTS OF COUNCIL
Councilman Odierna attended a Recreation Commission Meeting where they discussed the 30th
anniversary of the Ice Rink being held on January 30. Everyone is invited and it should be fun.
The Recreation Department is having a Snowman Contest. Take photographs of yours and send
them in. There will be prizes. They are also having Pizza And Bingo Night which are fun. They
only cost $10 for residents and are held in the Community Room of the Ice Rink.
Councilwoman Wittner said she and the rest of the Board members were all at the Martin Luther
King, Jr. Award Ceremony where Harry Belafonte was the guest speaker. He was great, one of
the best speeches ever. Gerhard Spies won the award. She also went to the Municipal Officials
Dinner. Westchester County has posted on the Internet a primer on EIS.
Councilwoman Myers thanked the Human Rights Commission for their inspirational message
and talk given by Harry Belafonte. He is an amazing man. On Thursday three County
Legislators convened a meeting on flooding for the Village of Larchmont, the Town of
Mamaroneck and Rye residents. Engineers from the County were there and took information
back to help work on this. There was more than 4 feet of water in back yards in the Pine Brook
area and on Cabot Road during the last storm. We need solutions. She also attended a Traffic
Committee Meeting last week where the PTA from Murray Avenue School came and tried to
brainstorm to come up with solutions regarding drop off and pick up of the children.
ADJOURNMENT
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the meeting was
unanimously adjourned in memory of Supervisor O'Keeffe's mother, Dorothea Moore, at
9:25 PM.
Submitted by,
Patricia A. DiCioccio, Town Clerk
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