Loading...
HomeMy WebLinkAbout2006_01_18 Town Board Minutes January 18, 2006 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JANUARY 18, 2006 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 ABSENT Councilman Paul A. Winick ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Christina Battalia Supervisor O’Keeffe said Councilman Winick was recovering from surgery and sent him good wishes. 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. PRESENTATION – Marion Sineck of Senator Hillary Clinton’s office regarding Helping Americans to Vote Act (HAVA) Supervisor O’Keeffe welcomed Marion Sineck, and thanked her for coming this evening to explain the Helping Americans to Vote Act (HAVA) and how the State and County are preparing for the enactment of this legislation. Marion Sineck explained that HAVA was passed in 2002 as a result of national election problems that occurred during the elections of 2000. Some of it’s primary features are greater handicapped accessibility at polling sites, new identification requirements for voters as well as 2.3 billion dollars for distribution to states to fulfill the requirements of HAVA, which among other things is the replacement of voting machines. In the summer of 2005 New York State passed legislation in order to implement HAVA. This legislation included the creation of a non partisan State Board of Elections as well as consolidating elections under the County Boards. This effectively took responsibility for running elections, staffing elections, storing and maintaining voting machines away from the Town Clerks. This legislation also requires the states to replace the lever machines, which are no longer being manufactured. A required component to the new machine is that it have a voter verifiable component, for instance a receipt type paper would be issued to the voter after their vote had been cast. It also required that the full face paper ballot which shows the voter all the candidates that are running stay in effect. The County is now in the process of choosing between two styles of voting machine, one being the Electronic Scanner, a touch screen type similar to an ATM machine and the Optical Scanner, which has been in existence longer and is similar in function to a standardize test in which you fill in the spot and it is read by an optical scan. The Legislature also formed a Citizen Organization comprised primarily of Election Commissioners and individuals representing the handicapped community. 1 January 18, 2006 Marion Sineck emphasized the need for the County to work closely with the Town Clerks in enacting this new legislation due to their expertise in running elections and due to the impossibility of having many if not most of these requirements in place prior to the 2006 elections. It is very probable that the lever machines will still be used for the 2006 elections. There was discussion about the choosing of the new voting machines and whether a Public Hearing at the County level should be initiated. There was discussion about the procedures for finding and paying inspectors. There was discussion about a lack of planning on the County level for the enactment of this legislation and the procedure for the upcoming elections in 2006. There was discussion about New York State’s delay in enacting HAVA causing the federal government to sue New York State. PUBLIC HEARINGS - Parking Prohibition - Cooper Lane 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 18, 2006 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 proposed Local Law entitled “No Parking and No Standing on the Northeast Side of Cooper Lane between Weaver Street and 28 Cooper Lane” Law. The full text of this Local Law may be examined and copies obtained at the Town Clerk’s Office during regular business 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. Purpose: The purpose of this local law is to create a no parking and no standing zone on the northeast side of Cooper Lane between Weaver Street and 28 Cooper Lane. This law is necessary because when cars are parked in this area, vehicles traveling along Cooper Lane toward Mardon Road are forced to move to the oncoming lane of traffic, thereby causing a potentially dangerous situation. 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 Seligson, seconded by Councilman Odierna, the hearing was unanimously opened. There was discussion as to whether enough notification was given, specifically to whether the homes directly effected by this parking restriction were aware of this proposed law. Councilman Odierna reiterated his desire to see signage at curb site alerting residents of upcoming parking law proposals. It was therefore agreed upon to adjourn. On motion of Councilman Winick, seconded by Councilwoman Wittner, the public hearing was adjourned until February 5, 2006. PUBLIC HEARING – Parking Prohibition – Burton Road The following notice of public hearing was entered into the record: 2 January 18, 2006 PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday January 18, 2006 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 proposed Local Law entitled “No Parking on a section of Burton Road” Law. The full text of this Local Law may be examined and copies obtained at the Town Clerk’s Office during regular business 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. Purpose: The purpose of this local law is to create a no parking zone on Burton Road between the properties known by the postal addresses of 6 Burton Road and 8 Burton Road. This law is needed because the section of road that lies between the driveways serving these two homes is not long enough to accommodate a car. Thus, whenever a car parks there, it blocks one of the driveways. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the hearing was unanimously opened. On motion of Councilman Odierna, seconded by Councilwoman Wittner, the public hearing was unanimously closed On motion of Councilwoman Seligson, seconded by councilman Odierna, the following was unanimously adopted: 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. On motion of Councilman Odierna, seconded by Councilwoman Wittner, the following local law was adopted: Local Law No. 2 – 2006 This local law shall be known as the “No Parking on a section of Burton Road” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The purpose of this local law is to create a no parking zone on Burton Road between the properties known by the postal addresses of 6 Burton Road and 8 Burton Road. This law is needed because the section of road that lies between the driveways serving these two homes is not long enough to accommodate a car. Thus, whenever a car parks there, it blocks one of the driveways. Section 2 – No Parking: Parking on the western side of Burton Road between the driveways serving the properties known by the postal addresses of 6 Burton Road and 8 Burton Road is prohibited. 3 January 18, 2006 Section 3 – Sign(s) to be Erected: An appropriate sign or signs shall be erected on, and striping shall be painted on the surface of Burton Road indicating the area where parking is prohibited. Section 4 – 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 5 – 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: Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O’Keeffe then on motion of Commissioner Odierna, seconded by Commissioner 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 Absent: Commissioner Paul A. Winick 1. FIRE CLAIMS Commissioner Wittner presented fire claims for authorization of payment, thereafter on Commissioner Wittner’s motion, seconded by Commissioner Odierna, 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. 521.00 Atlantic Westchester 384.10 Byram Mason & Building Supply 129.75 Con Edison 1,925.69 Corsi Tire 270.80 Embassy Cleaners 207.41 4 January 18, 2006 Inc. Excelsior Garage Works, 1796.00 & Machine Foley Hardware 10.29 G & K Services 53.84 High Tech Carwash 16.50 IKON Office Solutions 166.95 Ken Jones 220.00 M.S.L. Refrigeration Inc. 253.50 Pronto Printer 120.00 Joseph Russo 137.24 Smith Electric 125.63 Staples 145.10 Town of Mamaroneck PFF Local 898 220.08 Tri-City Auto Parts 56.00 Tri-City Auto Parts 135.60 Verizon Wireless 14.37 Division VFIS Benefits 68,447.40 Westchester Elevator 187.00 TOTAL: $75,544.25 The above resolution was put to a roll call vote: Seligson - Aye Odierna - 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 – Board of Assessment Review & Recreation Commission On motion of Councilman Odierna, seconded by Councilman Winick, it was RESOLVED, Maureen Naughton is resigning as Alternate Member and is appointed to the position of Member C of the Board of Assessment Review, expiring September 30, 2010; and BE IT FURTHER RESOLVED, Rocky Cipriano is appointed to the position of Member G of the Recreation Commission, expiring December 31, 2012. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Wittner - Aye 5 January 18, 2006 O’Keeffe - Aye 2. Set Public Hearing – Special Permit Application – Forest City Residential 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 Special Permit Application – Forest City Residential Mamaroneck, LLC for February 8, 2006; 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 on the official Town Clerk’s Bulletin Board. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 3. Authorization – Appropriations Funding Request – Congresswoman Nita Lowey On motion of Supervisor O’Keeffe seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the Town Administrator, Stephen V. Altieri, to submit to Nita Lowey’s office the applications for funding of a grant for the Veteran of Foreign Wars – Affordable Housing/Community Center and the Development of Access to Water – Hommocks Conservation Area. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 4. Resolution – Participation in Shared Municipal Service Grant Program On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was adopted WHEREAS, the State of New York has created the Shared Municipal Services Incentive (SMSI) grant program, wherein two or more municipalities may apply 6 January 18, 2006 for a grant to Cover costs associated with shared services, cooperative agreements, mergers, consolidations and dissolutions; and WHEREAS, the Town Board of the Town of Mamaroneck in conjunction with other LISWIC Communities (the Village of Port Chester as Lead Agent/applicant, the Villages of Rye Brook, Pelham, and Mamaroneck, the Town of Mamaroneck and the City of Rye) to apply for an SMSI Grant to complete Geographical Information System data not collected during aerial photography stages. NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Administrator to take the necessary and appropriate actions and sign documents to assist in the submission of an application on behalf of the participating LISWIC communities to the New York State Department of State for an SMSI Grant in the total grant request amount of $95,000 to be matched by $3,000 per municipality for a total of $18,000 in matching municipal funds; and BE IT FURTHER RESOLVED, that such grant funds, if obtained, will be used in furtherance of activities listed in the SHARED MUNICIPAL SERVICES INCENTIVE (SMSI) GRANT with the other participating communities to complete the compilation of GIS infrastructure data related to storm water sewer and sanitary sewer infrastructure, including but not limited to missing manholes and catch basins; and BE IT FURTHER RESOLVED, that the Town of Mamaroneck will provide local funding in the amount of up to three thousand dollars ($3,000), {e.g. one sixth of the matching ten percent (10%) of the portion of the SMSI Grant allocated to the Town of Mamaroneck} to be applied from Town funds, in the event such grant application is successful and the grant is awarded to the participating communities by the State of New York. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 7 January 18, 2006 5. Adoption – 2006 Revised Administrative Manual On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve and ratify the Town’s administrative manual of policy and procedure effective immediately The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 6. Authorization – Renewal of Interagency Agreement – South East Consortium On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the Town Administrator, Stephen V. Altieri, to execute the renewal agreement between the Town of Mamaroneck and the South East Consortium for continued participation as a member of the consortium, in the amount of $21,729.00, agreement as follows: SOUTH EAST CONSORTIUM INTER AGENCY AGREEMENT This agreement made on the 1st of January, 2006 by and between South East Consortium for Special Services, Inc., a not-for-profit corporation of the State of New York, Town of Harrison, a municipal corporation of the State of New York, Town of Mamaroneck/Village of Larchmont, a municipal corporation of the State of New York; Village of Mamaroneck, a municipal corporation of the State of New York, Town of Pelham, a municipal corporation of the State of New York, Village of Rye Brook and the City of Rye, a municipal corporation of the State of New York; Village/Town of Scarsdale, a municipal corporation of the State of New York, Town of Eastchester- Bronxville-Tuckahoe, a municipal corporation of the State of New York, and the Village Port Chester, a municipal corporation of the State of New York shall enable said municipalities the opportunity to provide a collective program or special recreation services for the disabled individuals through participation in South East Consortium for Special Services Now therefore, the parties hereto agree as follows: The parties shall jointly operate a special recreation program for disabled FIRST: 8 January 18, 2006 individuals with developmental disabilities residing or domiciled within the corporate limits of their respective municipalities irrespective of age or degree of disability. The program shall be funded through each municipality in accordance with SECOND: schedule of attached hereto and made part hereof establishing respective local shares which shall be in addition to any third party sources of funding. Said local shares shall be paid to South East Consortium on or before the 15th day of February in any calendar year in which this agreement shall be operative. The substantive program policy shall be the joint responsibility of all the THIRD: parties but shall be carried out administratively by the South East Consortium for Special Services, Inc., in the same manner as any other programs for which said council would otherwise individually be responsible. Administrative services include, but not limited to, accounting, payroll, legal, personnel and insurance or risk management. In addition, the Consortium on behalf of the program, may apply and receive grants and other third party sources of revenue, and may further enter into agreements on behalf of the program with other governmental agencies and not-for-profit organizations providing partial or full support of any program or activity to be provided hereunder. The Board of Directors consisting of a designee from each of the parties which shall FOURTH: have policy-making power for the program, and which shall further have the power to adopt rules, regulations, and procedures for the governing of the program affairs in a manner consistent herewith. The South East Consortium shall procure and maintain liability insurance at its own FIFTH cost and expense relating to all activities sponsored by and performed by the program, which insurance shall protect the interests of the parties hereto as named insureds. Said insurance limits and amounts to be determined by resolution by the Board of Directors. The chief fiscal officer of the South East Consortium shall be the treasurer. SIXTH: Programs shall be held throughout the participating municipalities, utilizing the SEVENTH: existing community facilities. The South East Consortium shall provide recreation for participating municipalities EIGHT: and will accommodate nonmembers in accordance with the Consortium guidelines currently enforced. This agreement shall be effective for the calendar year 2006, and upon the further NINTH: agreement of the parties, may be amended and /orextended from year to year 9 January 18, 2006 thereafter. The Consortium shall deliver to the Town a Certificate of Insurance verifying the TENTH: existence of such insurance and the Town being named as an additional insured. The South East Consortium shall hold harmless, indemnify, and defend the Town of Mamaroneck, its employees, officials and agents from any and all claims, suits, and actions arising out of the activities of the special recreation programs provided by the South East Consortium. The South East Consortium shall maintain with the Town a Certificate of Insurance naming the Town of Mamaroneck as Additional insured. the parties hereto have executed this agreement as of the day and year IN WITNESS WHEREOF above written. SOUTH EAST CONSORTIUM FOR SPECIAL SERVICES By:________________________________ EXECUTIVE DIRECTOR By:___________________________________ Title ____________ TOWN OF MAMARONECKJVILLAGE OF LARCIIMONT & VILLAGE OF MAMARONECK The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 7. Authorization – 2006 Westchester Joint Water Works Supervisor O’Keeffe explained that the Westchester Joint Water Works is a municipal organization comprised of the Village of Mamaroneck, the Town of Mamaroneck, the Town/Village of Harrison and portions of the City of New Rochelle and the City of Rye. She further explained that from the Westchester County Joint Water Works Capital Projects Report of 2006, two projects are being put forth for approval. These being the Capital Project J.2 – 16 inch vales on Purchase Street and Capital Project 2.1 Eaton Road – Replacement of 960 feet of six inch water main. It was noted that replacing the valves on Purchase Street has been in discussion for 10 years, further noting that the pipes on Purchase Street had broken several times in the past months The Town of Mamaroneck’s share of the Purchase Street vales would be $9,100.00, funds of which have already been appropriated.. The total cost of the Eaton Road water main replacement would be solely funded by the Town of Mamaroneck at a cost of $290,000.00. Mr. Altieri added that the $290,000.00 cost for the Eaton Road water main would be funded through Town borrowing for Capital Projects, further explanation of this bonding/funding would be explained at a later meeting. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was WESTCHESTER JOINT WATER WORKS CAPITAL PROJECTS 2006 RESOLVED, that the Town Board does hereby approve the Westchester Joint Water Works Capital project 2006-J.2 – installation of 16” valve at Purchase Street, of which the Town of Mamaroneck portion of the cost is $9,100.00 10 January 18, 2006 BE IT FURTHER RESOLVED, that the Town Board does hereby approve the Westchester Joint Water Works Capital project 2006 – 2.1 – Eaton Road – Replacement of 960 feet of 1 inch water main for a total cost of $290,000.00. 8. Authorization – Establish Capital Project #26.01 Hommocks Conservation Area On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby authorized the Comptroller, Denis Brucciani, to establish the Capital Project Fund H8997.4.8090.5006, for the Capital project #26-01-Hommocks Conservation Area. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 9. Authorization – Renewal of Stop-DWI Project Reimbursement Contract On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby authorize the Town Administrator, Stephen V. Altieri, to execute the contract between the Town of Mamaroneck and the County of Westchester in the amount of $8,400.00. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye 10. Salary Authorization – Recreation On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that as provided for in the 2006 Town Budget the Town Board does hereby authorize the payment of salary to the following: Susan Gedan, Substitute Fitness Instructor, Hommocks Community Room $35.00/session, effective retroactive 12/8/05. ORAL COMMUNICATIONS Kathy Sears, of 88 West Hickory Grove Drive, representing the Larchmont Mamaroneck Garden’s Civic Association, thanked the Board for dog waste recepticles, adding the residents are using them and appreciate the fact that others using them too. Ms. Sears also brought to the Board’s attention a dead tree on Valley Stream and Crescent Road . The Association is working on plans for Earth Day and would encourage any input from the Board and/or residents. SUPERVISOR REPORT 11 January 18, 2006 Supervisor O'Keeffe read the following statement Today the Town like most of the county experienced storm conditions that brought heavy rains and winds with gusts over 6Omiles per hour. Throughout the day a number of trees were blown over by the high winds and at one point most of our primary roads were closed. I want to take a moment to advise the community of where the Town stands right now and tell you that we are in pretty good shape. As of this moment however there remains several Town streets that are closed due to down power lines. Those streets are Rockingstone Avenue, Valley Road between Rockingstone and Glen Road, the dead end of Nancy Lane and the dead end of Carleon Ave. With all the wind damage that has occurred Con Edison has been unable to provide an estimated time when the wires will be repaired to allow for the reopening of the streets. We continue to stay in touch with Con Edison on this problem and we hope to have the repairs completed by tomorrow. I know that some of our residents are without power this evening which is a nuisance. We appreciate your patience. Also, many of our residents in the unincorporated Town and the Village of Larchmont did not have their recycling material collected today due to the storm. Unfortunately the high wind gusts and falling tree limbs made it unsafe to continue our recycling collection activities. Tomorrow the sanitation personnel will resume regular garbage collection and will also collect whatever recycling remains at the curb. It has bean a busy day for the Town and I want to thank all of our emergency personnel in the Highway Department, Police Department, Fire Department and Ambulance Corps for their hard work, REPORT OF COUNCIL Councilman Odierna said he attended the Martin Luther King celebration at the Emelin Theater, adding it was a packed house. Dionne Warwick spoke, the various High School Students were great. Supervisor O’Keeffe added that it was standing room only. The Mamaroneck High School students, under the tutelage of Sharon Turner, had a great dance production. th Councilwoman Wittner, attended the VAC dinner on January 6, saying it was very pleasant. On th January 12 she attended the Westchester Municipal Officials Association Meeting. It was a very informative meeting. Councilwoman Seligson, attended a Greenway meeting, adding the brochure is looking good. Progress is being made with regard to funding from the County for gaps in the loop. She also added how wonderful the Martin Luther King celebration was. Supervisor O’Keeffe said one of the wonderful things about the past four Martin Luther King celebrations were that the speakers all knew Dr. King personally. Supervisor O’Keeffe thanked Town Clerk Patricia A. DiCioccio for her input regarding the HAVA Legislation, adding the Town would prepare a letter to the County requesting a public hearing regarding the selection of new voting machines, adding it should also be sent to our elected officials, County Executive Andy Spano as well as both Election Commissioners. On motion of Councilwoman Wittner, seconded by Councilman Odierna, On motion of Councilwoman Wittner, seconded by Councilman Odierna the meeting was unanimously adjourned at 10:15 PM. Submitted by _________________________________ Patricia A. DiCioccio, Town Clerk F:\\Documents\\Minutes\\2006F\\01-18-06X.Doc 12