HomeMy WebLinkAbout2006_03_01 Town Board Minutes
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON MARCH 1, 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
Councilman Paul A. Winick
ALSO PRESENT:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
William Maker, Jr., Town Attorney
Christina Battalia
WORKSESSION
Revaluation Feasibility Study
Susan Thomas, Town Assessor answered questions regarding the firm being recommended
to perform the feasibility study. She explained there would be options on how to do the reval
such as a drive by vs. a full house inspection.
Councilwoman Wittner asked if the two villages had been approached to see if they wanted to
participate.
Supervisor O’Keeffe answered they had not because the purpose of this was to just analyze
data. New Rochelle will pay 2/3 of the cost and the Town 1/3.
FAA – Environmental Impact Study
Mr. Altieri said he had received the executive summary. The Supervisor had spoken to Mayor
Bialo regarding the study and the hiring of a consultant at a cost of $15,000. Councilwoman
Seligson said that they are looking at noise ineffectively and inappropriately – they should
have Ron Ellison write a letter. Sally ???? said there was no noise study in the EIS. There
was further discussion.
Illuminated Signs
There was a letter of comment from the Board of Architectural Review.
The Board adjourned at 6:45 to attend the wake of Carol Acocella, former Deputy Town Clerk.
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O’Keeffe at 8:25
PM. She then pointed out the location of exits.
PRESENTATION – John Savage – Head Coach, Mamaroneck High School Girl’s Field Hockey
(Adjourned)
PUBLIC HEARINGS – EXCLUSION OF MOST CO-OPERATIVE APARTMENTS AND
CONDOMINIUM UNITS FROM HAVING TO OBTAIN A DISCHARGE
COMPLIANCE CERTIFICATE.
CONTINUATION OF SPECIAL PERMIT HEARING –
FOREST CITY RESIDENTIAL, LLC
The following notice of public hearing was entered into the record:
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MARCH 1, 2006
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town
Board of the Town of Mamaroneck on Wednesday, March 1, 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 local law entitled “Exclusion of Most Co-operative Apartments and
Condominium Units from Having to Obtain a Discharge Compliance
Certificate” Law
Purpose:
On May 4, 2005, the Town Board enacted Local Law No. 6-2005 (section 106-
49 of the Code of the Town of Mamaroneck) which added a requirement that a
discharge compliance certificate be obtained each time real property located
in the unincorporated portion of the Town of Mamaroneck is sold. A
discharge compliance certificate states that all of the connections leading
from the real property to the public stormwater sewer lines or to the sanitary
sewer lines comply with the requirements of the New York State Building
Codes and the Town Code and there are no culverts, drains, hoses, leaders,
lines, pipes or pumps on the real property that discharge liquids directly onto
or directly toward a street, sidewalk or right-of-way. Since co-operative
apartments and condominium units usually are contained within larger
buildings, the sewer lines leading from them usually connect to drainage lines
located within the buildings in which they are situated. After collecting the
waste from all of the co-operative apartments or condominium units within
the building, those lines connect to the public stormwater sewer lines or to
the sanitary sewer lines. A literal reading of §106-49 would require a plumber
to inspect the sewer lines lying outside the perimeter of a co-operative
apartment or a condominium unit before rendering the certification necessary
for the issuance of a discharge compliance certificate. The Town Board did
not intend §106-49 to be so interpreted. This amendment clarifies the Town
Board’s intent.
On motion of Councilwoman Seligson, seconded by Councilman Winick, the hearing
was unanimously opened.
There was a brief discussion regarding comments from the Coastal Zone
Management, specifically regarding driveway drainage as it pertains to this proposed
amendment . It was agreed that discussion of this would be better served at a work
session meeting.
Supervisor O'Keeffe asked if anyone wished to speak for or against this proposed law.
On motion of Councilwoman Wittner, seconded by Councilman Winick, the following
resolution was unanimously adopted:
Resolved, that the Town Board finds that the adoption of the
proposed local law regarding the Exclusion of Most Co-
operative Apartments and Condominium Units from Having
to Obtain a Discharge Compliance Certificate is hereby
declared to be a Type II action 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 Wittner, seconded by Councilman Winick, the following local
law was unanimously adopted:
Local Law No. 4 - 2006
This local law shall be known as the “Exclusion of Most Co-operative Apartments
and Condominium Units from Having to Obtain a Discharge Compliance Certificate”
Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
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MARCH 1, 2006
Section 1 – Purpose:
On May 4, 2005, the Town Board enacted Local Law No. 6-2005 (section 106-49 of
the Code of the Town of Mamaroneck) which added a requirement that a discharge
compliance certificate be obtained each time real property located in the
unincorporated portion of the Town of Mamaroneck is sold. A discharge compliance
certificate states that all of the connections leading from the real property to the
public stormwater sewer lines or to the sanitary sewer lines comply with the
requirements of the New York State Building Codes and the Town Code and there
are no culverts, drains, hoses, leaders, lines, pipes or pumps on the real property
that discharge liquids directly onto or directly toward a street, sidewalk or right-of-
way. Since co-operative apartments and condominium units usually are contained
within larger buildings, the sewer lines leading from them usually connect to
drainage lines located within the buildings in which they are situated. After
collecting the waste from all of the co-operative apartments or condominium units
within the building, those lines connect to the public stormwater sewer lines or to
the sanitary sewer lines. A literal reading of §106-49 would require a plumber to
inspect the sewer lines lying outside the perimeter of a co-operative apartment or a
condominium unit before rendering the certification necessary for the issuance of a
discharge compliance certificate. The Town Board did not intend §106-49 to be so
interpreted. This amendment clarifies the Town Board’s intent.
Section 2 – Amendment of a current section of the Mamaroneck Code:
Section 106-49 A. of the Code of the Town of Mamaroneck hereby is amended by
adding the following definitions of multiple housing unit, exempt multiple housing
unit and non-exempt multiple housing unit thereto and by deleting the definitions of
discharge compliance certificate and plumber’s certification therefrom and
substituting the following new definitions in their place:
Ҥ 106-49. Discharge compliance certificate required.
A. As used in this section, the following terms have the meanings indicated:
. . .
DISCHARGE COMPLIANCE CERTIFICATE — (A) A certificate issued by the Director
with respect to real property not meeting the definition of a multiple housing unit
stating (i) that all of the connections leading from the real property to the public
stormwater sewer lines and to the sanitary sewer lines comply with the requirements
of the New York State Building Codes and the Town Code and (ii) 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; or
(B) a certificate issued by the Director with respect to a non-exempt multiple housing
unit stating (i) either that all of the connections leading directly from that unit to the
public stormwater sewer lines or to the public sanitary sewer lines and not to sewer
lines located outside such unit but within the building in which that unit is situated
comply with the requirements of the New York State Building Codes and the Town
Code or that there are no such connections and (ii) that there are no culverts, drains,
hoses, leaders, lines, pipes or pumps that discharge liquids from such unit directly
onto or directly toward a street, sidewalk or right of way.
EXEMPT MULTIPLE HOUSING UNIT --- A multiple housing unit which does not touch
the ground.
MULTIPLE HOUSING UNIT --- (1) An apartment whose owner (a) holds an interest in
an entity formed for the co-operative ownership of real property and (b) is the tenant
of the proprietary lease for such apartment or (2) a unit as that term is defined in
section 339-e of the New York Real Property Law and used in Article 9-B
(“Condominium Act”) of the New York Real Property Law.
NON-EXEMPT MULTIPLE HOUSING UNIT --- A multiple housing unit which touches
the ground.
PLUMBER'S CERTIFICATION — (1) For real property not meeting the definition of a
multiple housing unit, a certification made to the Town by a plumber licensed to do
business within the Town that the plumber (A) has inspected all of the connections
leading from the real property to the public stormwater sewer lines or to the public
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MARCH 1, 2006
sanitary sewer lines and that all such connections comply with the requirements of
the New York State Building Codes and the Town Code and (B) 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.
(2) For a non-exempt multiple housing unit, a certification made to the Town by a
plumber licensed to do business within the Town that the plumber (A) has inspected
those connections leading directly from that unit to the public stormwater sewer
lines or to the public sanitary sewer lines and not to sewer lines located outside
such unit but within the building in which that unit is situated and that all such
connections comply with the requirements of the New York State Building Codes
and the Town Code and (B) has inspected such multiple housing unit and found that
there are no culverts, drains, hoses, leaders, lines, pipes or pumps that discharge
liquids from such unit directly onto or directly toward a street, sidewalk or right of
way.
. . . .”
Section 3 – Amendment of a current section of the Mamaroneck Code:
Section 106-49 B. of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
Ҥ 106-49. Discharge compliance certificate required.
. . .
B. No building on real property shall be used or occupied, in whole or in part, after a
renewal event has occurred unless a discharge compliance certificate is issued
therefore. 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 (A) in the case of real
property not meeting the definition of a multiple housing unit, whether any of the
connections leading from the real property to the public stormwater 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 liquids directly onto or directly
toward a street, sidewalk or right-of-way or (B) in the case of a non-exempt multiple
housing unit whether any of the connections leading directly from that unit to the
public stormwater sewer lines or to the public sanitary sewer lines and not to sewer
lines located outside such unit but within the building in which that unit is situated
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 that
discharge liquids from such unit 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.”
Section 4 – Amendment of a current section of the Mamaroneck Code:
Section 106-49 of the Code of the Town of Mamaroneck hereby is amended by
adding the following new paragraph E. thereto:
Ҥ 106-49. Discharge compliance certificate required.
. . .
E. This section does not apply to exempt multiple housing units.”
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
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MARCH 1, 2006
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.
CONTINUATION OF SPECIAL PERMIT HEARING – FOREST CITY RESIDENTIAL, LLC
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, March 1, 2006 at 7:30 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 Special Permit Application - Forest City Residential, LLC.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, the hearing
was unanimously adjourned to March 15, 2006
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
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
Commissioner: Paul A. Winick
1. FIRE CLAIMS
Commissioner Odierna presented fire claims for authorization of payment, thereafter on
Commissioner Odierna 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. 317.40
ASAP Etc. 25.45
Giacomo Service Center 37.00
G&K Services 54.35
High Tech Car Wash 29.50
Metrocom Wireless 525.00
Nextel 476.15
Poland Springs Water Co. 57.87
Rosen’s 195.35
Rye Ford-Subaru 415.14
Town of Mamaroneck Professional Fire Fighters 220.08
Town of Mamaroneck Ambulance District 188.70
Verizon Wireless 12.89
TOTAL 2554.88
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MARCH 1, 2006
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
There being no further business to come before the Commission, on motion of
Commissioner Winick , seconded by Commissioner Wittner, the Commission unanimously
adjourned and reconvened the regular meeting of the Town Board
AFFAIRS OF THE TOWN
1. Authorization – Property Revaluation Feasibility Study
Mr. Stephen Altieri explained that for many years the Town has discussed the issue of
property revaluation. A citizen group headed by George Roniger was formed and
prepared a report outlining statutes that were applicable and issues to be considered
in the revaluation process. There followed discussion among various municipalities
about joining together with the County of Westchester in this process. That has led
nowhere and since then Rye and Pelham have moved forward in there revaluation
process. The Town of Mamaroneck and the City of New Rochelle have discussed
approaching a feasibility analysis which would consider more detailed information
and be completed by someone familiar with the revaluation process. The
recommendation this evening is to retain the firm of Frey Appraisal and Consulting
Services. Inc. to complete this analysis. The cost total cost of $15,000 would be
shared based between the Town of Mamaroneck and the City of New Rochelle based
on number of parcels. The Town of Mamaroneck cost would be $5,000 and the cost to
the City of New Rochelle would be $10,000.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
RESOLVED, the Town does hereby opt into a joint study of
revaluation assessment with the City of New Rochelle, at a
combined cost of $15,000.00, total cost to the City of New
Rochelle being 10,000.00, total cost to the Town of
Mamaroneck being $5,000.00; and
BE IT FURTHER,
RESOLVED, that the Town Board does hereby authorize the
Town Administrator, Stephen V. Altieri, to execute the
agreement with Frey Appraisal and Consulting Services, Inc.
to conduct a feasibility study in connection with an analysis
of reassessment, said cost not to exceed $5,000.00, and
BE IT FURTHER ,
RESOLVED, the Town Board does authorize the Town
Administrator to approve additional work at $125.00 per hour,
not to exceed an additional $1,000.00.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
2. Authorization – Renewal – General Counsel Retainer
On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was
RESOLVED, the Mamaroneck Town Board does hereby
approve the retainer agreement with William Maker Jr.
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MARCH 1, 2006
covering the period January 1, 2006 through December 31,
2007 and
BE IT FURTHER
RESOLVED, that the Town of Mamaroneck will increase the
retainer from $65,000 to $70, 000 with the same conditions of
the original retainer agreement; and
BE IT FURTHER
RESOLVED, that the Mamaroneck Town Administrator be and
is hereby authorized to execute this Agreement on behalf of
the Town of Mamaroneck.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O’Keeffe - Aye
3. Authorization – Transfer of Funds – Capital Project (Computers)
Mr. Altieri explained that the 2006 Town Budget includes appropriations in various funds
earmarked for the purchase of computers and other technology.
There was then some discussion regarding computers in police cars especially the ability to
issue and print out a parking summons.
On motion of Councilman Winick, seconded by Councilman Odierna, it was
RESOLVED, that the Town Board hereby authorizes the
Comptroller to appropriate $ 60,000 from the Town Wide
Fund to Capital Project Fund H1997—1680-5003
1. Town wide General Fund $45,000.00
2. Fire District $ 5,000.00
3. Ambulance District $ 5,000.00
4. Garbage District $ 5,000.00
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
4. Approval of Certiorari
On the motion of Supervisor O’Keeffe seconded by Councilman Odierna, it was
RESOLVED, that the Town Board does hereby approve the
following Settlement of Certiorari as recommended by the
Town Attorney:
Premium Point Company
Premium Point Road
New Rochelle (P.O.), NY
Town of Mamaroneck
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MARCH 1, 2006
Block: 508-Lot: 47
Year Current Assessment Reduced Assessment
2003 $12,500
$6,250
2004 $12,500 $6,250
2005 $12,500 $6,250
Block Lot 62:
508,
Year Current Assessment Reduced Assessment
2003 $14,800 $7,400
2004 $14,800 $7,400
2005 $14,800 $7,400
Block Lot 88:
508,
Year Current Assessment Reduced Assessment
2003 $3,200 $1,600
2004 $3,200 $1,600
2005 $3,200 $1,600
Block 508, Lot 107:
Year Current Assessment Reduced Assessment
2003 $1,500 $750
2004 $1,500 $750
2005 $1,500 $750
Block 508, Lot 112:
Year Current Assessment Reduced Assessment
2003 $27,900 $13,950
2004 $27,900 $13,950
2005 $27,900 $13,950
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
APPROVAL OF MINUTES - January 4, 2006
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby approve the
Board minutes from the meeting of, January 4, 2006 as
amended.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
ORAL COMMUNICATIONS
Mr. Roniger, Garden’s Lake Civic Association, stated that the report for revaluation found
great inequities, adding he does agree on some State issues with Councilman Winick, adding
there is still a great need for communities to move in the direction of revaluation. He further
added that regarding the issue of widows who are “cash poor and house rich” there are
many programs now in place to help with that.
SUPERVISORS REPORT
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MARCH 1, 2006
Supervisor O’Keeffe thanked Mr. Roniger. Supervisor O’Keeffe stated she attended a
meeting of the New York State Conference of Mayors as well as the meeting of the League of
Woman Voters, where the presenter Dr. Josh Lipsman spoke about the Avian Flu. He
explained that New York State has put the burden of planning for an epidemic onto the
County and therefore the local municipalities would need to look to the County for guidance.
He explained the difference between an epidemic in which an illness shows up in more cases
than usual versus a Pandemic in which more people are affected as well as infecting a larger
region. He further explained the various types of epidemics, type A being human and animal
infection, type B infects only humans and type C causing mild illness and does not cause
pandemics. Avian Flu is a type A virus, in which there is no vaccination available. The
presentation continued with specifics regarding how the virus is spread, which countries in
which it now exists, as well as some historical background regarding epidemics. Finally,
discussion further involved preventative measures for individuals and municipalities, as well
as preventative measures for the future.
REPORT OF COUNCIL
Councilman Odierna stated he attended the meeting of the New York State Council of Towns.
Topics included emergency preparedness, cyber security, how villages merge with towns,
rd
traffic calming machines, as well as others. On March 3 Anthony Sutton, head of
Westchester County Emergency Services will speak to the League of Woman Voters at Café
Mozart in Mamaroneck.
Councilman Winick attended the Traffic Committee meeting, one topic discussed was
dropping off and picking up of children at Murray Ave School, adjustment of the traffic light
at Murray Ave and Forest Ave and speeding on Weaver Street.
Councilwoman Wittner attended the Coastal Zone Management Commission meeting. There
was a large agenda, one topic in particular being the FAA proposals.
Councilwoman Seligson said she was unable to attend any meetings but was looking forward
to the D.A.R.E. graduation the following evening.
ADJOURNMENT
The Supervisor announced the next Town Board meeting would be held on March 15, 2006 at
8:15 PM. Then on motion of Councilwoman Wittner, seconded by Councilman Odierna the
meeting was unanimously adjourned in memory of Carol Acocella. Carol was the Town of
Mamaroneck’s Deputy Town Clerk for 20 years. Her wake will be held at Fox Funeral Home
and her Funeral Mass will take place at Sts. John and Paul Church.
Submitted by
_________________________________
Patricia A. DiCioccio, Town Clerk
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