HomeMy WebLinkAbout2005_02_16 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN
BOARD OF THE TOWN OF MAMARONECK HELD ON
FEBRUARY 16, 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
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:30 PM. She then pointed out the location of exits.
Supervisor O'Keeffe read the following:
PROCLAMATION - 80TH Anniversary- Larchmont Woman's Club
PROCLAMATION
WOMAN'S CLUB OF LARCHMONT
WHEREAS, The Woman's Club of Larchmont has greatly
contributed to the welfare of the community for the past 80 years and has
been faithful to its goals of.•
Engaging in assisting movements which have for their object
the civic or philanthropic betterment of the community
Promoting interest in literature, education, and the fine arts
Studying and discussing topics of public interest, and
WHEREAS, The Club should be applauded for its recent philanthropic
activity including donations to: The Cancer Support Team in
Mamaroneck, My Sister's Place, I CARE(Interfaith Council for Affordable
Housing), Larchmont Friends of the Family, LMC-TV, Community
Counseling Center, Hunger Task Force, Larchmont-Mamaroneck
Volunteer Ambulance Corps, Larchmont Public Library, Larchmont-
Mamaroneck Student Aid Fund, Southeast Consortium, Town of
Mamaroneck Community Services, The Youth Employment Service,
Rockland Psychiatric Center, and Westchester Medical Center.
NOW THEREFORE, BE IT
RESOLVED, that 1, Valerie Moore O'Keeffe, Supervisor of the Town of
Mamaroneck, and the Town Board members hereby proclaim that the
Woman's Club of Larchmont be congratulated on its 80th anniversary and
thanked for its outstanding contributions to our community.
IN WITNESS WHEREOF,
I have hereunto set my hand and caused the seal of the Town of
Mamaroneck to be affixed this 16th day of February 2005.
February 16, 2005
Supervisor O'Keeffe introduced John Hoch, Manager of the Westchester Joint
Water Works.
Mr. Hock updated the Board on the Rye Lake Filtration Plant, the litigation
regarding the upgrading of the filtration plant and explained that Harrison #1
District has now merged with Westchester Joint Water Works. He discussed the
mechanics of the upgrade to the filtration plant, showing pictures of how the
immersed membrane system would work.
PUBLIC HEARINGS - Notification Law
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, February 16, 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 Local Law to
known as the Notification Procedures Law.
Purpose:
It is important for neighbors to know when the Board of Appeals, the Planning
Board or the Town Board will hear and discuss certain applications regarding
the use or improvement of real property. Currently notice of such requests is
given by mail, by publication in the newspaper and or by posting on the
Town's web site. While these means of notification are more than what New
York State Law requires, the Town Board has determined that additional
notice in the form of a sign
posted upon the subject property will make the Town's Notification
Procedures more effective and comprehensive. This additional means of
notification will increase awareness and will afford more people in the
community an opportunity to participate in the decision making process.
Mr. Maker explained the purpose of this amendment was to condense the notification
procedures into one ordinance.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the
public hearing was opened.
The Supervisor asked if anyone wished to speak on this matter. There was no
response.
Councilman Odierna said the Board has worked on this for a long time, its
important to keep people informed and this will help. Now there will be a sign
placed on any affected property and notices sent by the applicants.
Councilwoman Seligson said as liaison to both the Zoning Board and to the
Planning Board she knows that this is what people wanted. We heard when
neighbors did not know about actions. This is an easier way to have everyone
know what is going on in their neighborhood. There shouldl never be more than
eight signs up at any one time.
On motion of Councilwoman Seligson, seconded by Councilman Odierna, the hearing
was declared closed.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the
following was unanimously adopted:
Resolved, that the Town Board finds that the adoption of
the proposed local law on Notification Requirements is
hereby declared to be a Type II action, with no impact
under the New York State Environmental Quality Review
Act (SEQRA).
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February 16, 2005
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the
following Local Law was adopted:
Local Law No. 2 -2005
This local law shall be known as the "Notification Procedures" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 - Purpose:
It is important for neighbors to know when the Board of Appeals, the Planning
Board or the Town Board will hear and discuss certain applications regarding
the use or improvement of real property. Currently notice of such requests is
given by mail, by publication in the newspaper and/or by posting on the Town's
web site. While these means of notification are more than what New York State
law requires, the Town Board has determined that additional notice in the form
of a sign posted upon the subject property will make the Town's notification
procedures more effective and comprehensive. This additional means of
notification will increase awareness and will afford more people in the
community an opportunity to participate in the decision making process. The
following chapter adds that requirement and also locates all of the notification
procedures for the types of applications described in the law in one, new
chapter of the Code of the Town of Mamaroneck.
Section 2 -Amendment to the Code of the Town:
The Code of the Town of Mamaroneck hereby is amended to add the following
chapter to it:
Chapter 144
NOTIFICATION PROCEDURES
§144-1. Purpose.
§144-2. Definitions.
§144-3. Property owners to be notified.
§144-4. Signs.
§144-5. Penalty for non-compliance.
§144-6. Web Site.
§144-7. Conformity with State Law.
§144-1. Purpose.
It is important for neighbors to know when the Board of Appeals, the Planning
Board or the Town Board will hear and discuss certain applications regarding
the use or improvement of real property. Prior to the enactment of this chapter,
notice of such requests was given by mail, by publication in the newspaper
and/or by posting on the Town's web site. While these means of notification are
more than what New York State law requires, the Town Board has determined
that additional notice in the form of a sign posted upon the subject property will
make the Town's notification procedures more effective and comprehensive.
This additional means of notification will increase awareness and will afford
more people in the community an opportunity to participate in the
decision making process. This chapter adds that requirement and also locates
the notification procedures for the types of applications described in this
chapter in one place within the Code of the Town of Mamaroneck.
§144-2. Definitions.
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February 16, 2005
As used in this chapter, the following terms have the meanings indicated:
APPLICANT --- The owner of the subject property or the person requesting an
interpretation of Chapter 240 of the Code. The applicant may authorize another
person to act in the applicant's behalf.
APPLICATION ---A request for(1) the approval of a site plan pursuant to
chapter 177 of the Code, (2) the approval of a subdivision pursuant to chapter
190 of the Code, (3) the issuance of a special use permit pursuant to chapter
240 of the Code, (4) the interpretation of, or a variance from, any provision of
chapter 240 of the Code, (5) the amendment of any provision of chapter 240 of
the Code if requested through a petition by the owner of the subject property or
(6) any combination of the foregoing. Neither a request for the extension of a
special use permit nor an amendment of a provision of chapter 240 of the Code
initiated by the Town Board shall be considered an "application".
BOARD --- The Board of Appeals, the Planning Board or the Town Board of the
Town of Mamaroneck.
MAILING AREA ---Any lot which:
(1) has a lot line that lies within 300 feet of any of the lot lines of the subject
property and abuts one of the streets that the subject property abuts; or
(2) has a lot line which, in whole or in part, is the same as one of the lot lines of
the subject property; or
(3) touches the subject property at any point.
SUBJECT PROPERTY--- The lot which is the subject of an application.
WEB SITE ---www.townofmamaroneck.org or whatever other web site address
may become the Town's official web site.
§ 144-3. Property owners to be notified.
A. With an application, the applicant shall submit a list of the names of all the
owners and the postal addresses of all of the lots which lie within the mailing
area as well as the tax block and lot designations of all such lots as they appear
on the Town's t ax assessment map. On this list, the applicant shall certify that
the Town's tax assessment map (including its scale) was used to determine
which lots lie within the mailing area and that the Town's tax assessment roll
was used to determine the postal addresses of the lots lying within the
mailing area and the names of the owners of all those lots.
B. No later than fourteen (14) calendar days before the first date on which the
application appears on the agenda of the Board, the applicant shall mail notice
thereof(as well as such other material as the Town Board may require from
time to time) to the owners of all of the lots lying within the mailing area. The
form of that notice and the other material to be included in such mailing, if any,
shall be prescribed by, and from time to time may be changed by, resolution of
the Town Board. The Planning Board or the Board of Appeals from time to time
may resolve that additional materials be included among the materials to be
included in such mailing.
C. No later than five (5) business days before the date on which the application
appears on the agenda of the Board, the applicant shall file with the Town's
Building Department a certificate of mailing issued by the United States Postal
Service indicating that on or before the last date permitted for mailing under
this chapter, the required materials were mailed by first class mail to the owners
of all of the lots lying within the mailing area at the postal addresses shown
for such lots on the Town's assessment roll. In the case of a petition
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February 16, 2005
requesting an amendment to a provision of chapter 240 of the Code, the
certificate of mailing shall be filed with the Town Clerk instead of the Building
Department.
§144-4. Signs.
A. No later than fourteen (14) calendar days before the first date on which the
application appears on the agenda of the Board, the applicant shall post a sign
on the subject property announcing the date, time and place when the
application will appear on the agenda of the Board for the first time. The color,
material, size, content and wording of the sign shall be prescribed by, and from
time to time may be changed by, resolution of the Town Board. The
specifications for the sign shall be kept on file in the Town's Building
Department. The posting of a sign shall not be required when an interpretation
of a provision of Chapter 240 of the Code is being requested regarding a
subject property not owned by the applicant.
B. The sign shall be placed on the subject property in a location where it will be
clearly visible to a person standing in front of the subject property. It shall be
no more than ten (10) feet back from the edge of the paved portion of the
street abutting the subject property's front lot line.
C. If final action is not taken upon an application on the date shown on the
sign, the sign shall be updated to show the next date, time and place when the
application will appear on the agenda of the Board. The sign shall be updated
no later than fourteen (14) calendar days before the date of the meeting when
the application will next appear on the agenda of the Board.
§144-5. Penalty for non-compliance.
A. If the certificate of mailing is not filed on or before the last date permitted for
such filing under§144-3 C. or if the applicant does not comply with the
provisions of§144-4, the application will not be placed upon the agenda of the
Board (or if already placed upon the agenda, stricken therefrom). In order to
process the application, the applicant must request the Director of Building
Code Enforcement and Land Use Administration to place the application on the
agenda of a future meeting of the Board. (In the case of a petition by the owner
of the subject property for an amendment of a provision of chapter 240 of the
Code, that request shall be made of the Town Administrator).
B. Once the date of the meeting at which the application will be discussed is
determined, the applicant must repeat the procedures set forth in §§144-3B.,
144-3C. and 144-4 of the Code within the time periods allotted by those
sections.
C. If more than six (6) months pass from either the date of the meeting when
the application was to have appeared on the agenda of the Board for the first
time but did not or the date of the meeting of the Board from which the
application was stricken, the applicant will be required to submit an updated
list of the names of all of the owners and the postal addresses of all of the lots
which lie within the mailing area.
§ 144-6. Web Site.
The agendas of each meeting of each of the Boards shall be posted on the Web
Site. The failure of an agenda to be posted on the Web Site shall not be
considered a failure to comply with the notification procedures of this chapter.
§144-7. Conformity with State Law.
Nothing in this chapter shall be construed as altering the notice requirements
mandated by New York State Law.
Section 3 -Amendment of a certain provision of the Code of the Town of
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February 16, 2005
Mamaroneck:
Section 177-12.A. (1) of the Code of the Town of Mamaroneck is repealed in its
entirety and the following is substituted in its place:
(1) A public hearing on a site plan application shall be scheduled and
conducted by the Planning Board, unless such hearing has been waived
pursuant to §177-12A(2), within 62 days after certification to the Planning Board,
by the Secretary to the Planning Board, of receipt of a properly completed
application.
Section 4 -Addition of a provision to the Code of the Town of Mamaroneck:
Section 177-12 of the Code of the Town of Mamaroneck hereby is amended to
add the following section to it:
C. The person applying for the approval of a site plan must comply with
the notification procedures contained in Chapter 144.
Section 5 -Amendment of and addition to certain provisions of the Code of the
Town of Mamaroneck:
Section 190-5 of the Code of the Town of Mamaroneck hereby is amended
by adding the letter "A" before the text of that section and by adding the
following paragraph to it:
B. The person applying for the approval of a subdivision must comply with the
notification procedures contained in Chapter 144.
Section 6 -Amendment of a certain provision of the Code of the Town of
Mamaroneck:
Section 240-61I.D. of the Code of the Town of Mamaroneck is repealed in its
entirety and the following is substituted in its place:
D. The applicant must comply with the notification procedures
contained in Chapter 144.
Section 7 -Amendment of a certain provision of the Code of the Town of
Mamaroneck:
Section 240-63 A. of the Code of the Town of Mamaroneck is repealed in its
entirety and the following is substituted in its place:
A. Within sixty-two (62) days of receiving an application containing all
necessary information and plans, the Planning Board shall hold a public
hearing on that application. At least ten (10) days before the date of the public
hearing, notice of the hearing shall be published in the official newspaper of the
Town.
Section 8 -Amendment of and addition to certain provisions of the Code of the
Town of Mamaroneck:
Section 240-90 of the Code of the Town of Mamaroneck hereby is amended
by adding the letter "A" before the text of that section and by adding the
following paragraph to it:
B. The person applying to the Board of Appeals must comply with the
notification procedures contained in Chapter 144.
Section 9 -Addition of a provision to the Code of the Town of Mamaroneck:
Section 240-92 of the Code of the Town of Mamaroneck hereby is amended
to add the following paragraph to it:
C. A person petitioning for an amendment or change to any provision of
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February 16, 2005
this chapter must comply with the notification procedures contained in Chapter
144.
Section 10 - 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 11 - Effective Date:
This Local Law shall become effective on March 31, 2005 if it is filed filing with
the Secretary of State prior to that date.
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 at 9:35 PM and on motion of
Councilman Odierna, seconded by Councilwoman Wittner, the Board of Fire
Commissioners was unanimously declared open.
Present were the following members of the Commission:
Commissioner: Valerie M. O'Keeffe
Commissioner: Phyllis Wittner
Commissioner: Judith A. Myers
Commissioner: Ernest C. Odierna
Commissioner: Nancy Seligson
1. FIRE CLAIMS
Commissioner Wittner presented fire claims for authorization of payment, thereafter on
Commissioner Seligson 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 as
amended:
AAA Emergency Supply Co., Inc. 38.00
AAA Emergency Supply Co., Inc. 180.00
Accurate Fire Equipment 125.00
American Trademark Co 108.71
Byram Mason 103.80
Cablevision 31.05
Con Edison 1989.70
Coyne Textile Services 43.56
Excelsior Garage & Machine Works, Inc. 430.64
Excelsior Garage & Machine Works, Inc. 7017.08
Gloves Inc. 242.65
Ikon 172.20
Joseph Russo 53.79
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February 16, 2005
Metrocom Wireless Inc. 285.00
Motorola 78.00
O.S.P Fire Protection 140.00
Penn Well 130.86
Rickert Lock & Safe Co. 11.10
Tri-City Auto Parts 140.20
Verizon Wireless 12.90
The Vickery Companies 43.75
Westchester Elevator 187.00
Westchester Joint Water Works 102.56
TOTAL 11667.55
2. Salary Authorization — Fire Fighter
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
the following, Paul Tavolilla as a Probationary Firefighter, at
annual salary of$27,000
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
3. Fire Report— Month of January 2005
Commissioner Wittner read the Fire Report for January as submitted by Chief Joseph
Mirabella:
Alarm Type Number
Generals 23
Minors 19
Stills 0
Out of Town (Mutual 0
Aid)
EMS 25
Drills 1
TOTAL 68
Total number of personnel responding: 564
Total time working: 22 hours and 19 minutes
She also reported that David Cremins broke his leg on his way to his car when
responding to a fire alarm.
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. Westchester Joint Waterworks Update
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February 16, 2005
This matter was handled earlier in the meeting.
2. Authorization — Retainer Agreement— Special Counsel.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, the Mamaroneck Town Board does hereby
approve retaining the firm of Epstein Becker& Green P.C. to
represent the Town of Mamaroneck in the matter of
WESTCHESTER DISABLED ON THE MOVE, INC et al v.
COUNTY OF WESTCHESTER, et al. CIVIL ACTION No. 04 CV
1893 (SCR); and
BE IT FURTHER
RESOLVED, that the Town of Mamaroneck will be charged a
fee of$200.00 per hour for work performed by all partners,
senior counsel, senior attorneys and associates and $60.00
per hour for all legal assistants; 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 — New York State Snow Removal Agreement.
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was
RESOLVED, that the Town Board does hereby agree to extend
the current agreement with Westchester County for the removal
of snow and ice on State roads in the Town; and
BE IT FURTHER,
RESOLVED, that the Town will be reimbursed in a lump sum of
$10,499.65 (or$1,145 per lane mile) for removal of snow and ice.
This agreement is for a period beginning July 1, 2006 ending
June 30, 2007; and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town
Administrator to execute above-said agreement on behalf of the
Town.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
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February 16, 2005
O'Keeffe - Aye
4. Authorization —Amendment— IMA Westchester County— Garden's Lake.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board hereby authorizes the Town
Administrator, Stephen V. Altieri, to enter into an agreement
between the County of Westchester and the Town of
Mamaroneck for improvements in the Sheldrake River and the
Garden's Lake:
ATTACHMENT TO AGREEMENT
The Municipality acknowledges that the County has been awarded a
matching grant in the sum of$1,031,500 from the New York State
Department of State to conduct the various non-point source/aquatic habitat
restoration projects along the Sheldrake River corridor(the "Project"). As
additional consideration for the County's undertaking of the aforementioned
Project, the Municipality agrees to be bound by and comply with all the
terms and conditions set forth in the matching grant agreement (Contract
No. C006370) between the New York State Department of State and the
County, a copy of which is attached hereto and forms a part hereof. In
addition, the Municipality agrees to cooperate with the County in complying
with all the requirements of said matching grant agreement and further
agrees to execute any additional documents that may be required to comply
with the terms of said agreement. Nothing contained herein shall be
construed to impose any liability on the Municipality for actions taken by the
County.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
5. Authorization —Agreement— New York State Police.
On motion of Councilman Odierna, seconded by Councilwoman Myers, it was
RESOLVED, that the Town Board hereby authorizes the
Town Administrator, Stephen V. Altieri, to enter into an
agreement between the New York State Police and the
Town of Mamaroneck regarding the processing of
fingerprint cards in connection with the screening of
applicants for federal housing assistance.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
6. Authorization — License Agreement— Broadcast Music Incorporated.
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February 16, 2005
On motion of Councilman Odierna, seconded by Councilwoman Myers, the following
resolution was adopted:
WHEREAS, ASCAP is the licensing agent for the
composers of music, and
WHEREAS, a renewal agreement with Broadcast Music
Inc. has been submitted, which is the licensing agent for
the performers of music either recorded or live, and
WHEREAS, this license agreement authorizes the Town of
Mamaroneck to conduct or sponsor events at which live
or recorded music will be performed,
NOW THEREFORE, BE IT
RESOLVED, that the Town Administrator be and is hereby
authorized to execute an agreement with Broadcast Music
Inc. (ASCAP) on behalf of the Town of Mamaroneck.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O'Keeffe - Aye
7. Authorization — Bridge COM Incorporated — Re: Telephone Billing.
On motion of Councilman Odierna, seconded by Councilwoman Seligson, the following
resolution was adopted:
WHEREAS, an alternative to our current telephone
management system through Verizon has been
considered, and
WHEREAS, consolidating our billing to provide greater
cost containment on telephone usage would provide
greater savings in our telephone costs, and
NOW THEREFORE, BE IT
RESOLVED, that the Town of Mamaroneck will enter into
an agreement for Voice Services Proposal for the Town's
Sub Accounts with Bridgecom, Inc. as follows:
Billing-Consolidation and Breakdown:
The Town currently pays approximately 39 phone bills
monthly. Bridgecom will reduce the number of bills to be
paid every month by consolidating the Town's long
distance and local billing as well as consolidating various
department accounts per the Town's request and
payment requirements.
• Bridgecom will also create one master bill which
will list and itemize the Town's various sub-accounts by
Department Code. For example: B8090-Environmental
Control. This will enable the Town to generate individual
checks by referring to one bill rather than having to track
totals from multiple bills. It will also enable the Town to
file one master bill instead of the current 20 or so sub-
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February 16, 2005
account bills.
• Further, Bridgecom will provide individual do-not-
remit bills to each of the Towns specified departments for
each department's monthly review.
Account Management
• Bridgecom will perform periodic bill reviews with
the Town to assure that the Town's voice account
remains streamlined. Bridgecom, Inc. will also work
closely with the Town to make sure billing keeps current
with any department or personnel changes.
• Bridgecom will provide the Town with a dedicated
account manager who can oversee any moves, ads or
changes processed with customer service. This person
will also he responsible for making sure that any service
or billing issues are resolved in a timely fashion.
Cost Containment:
Bridgecom will reduce the Town's current sub-account
billing by approximately 50% to 60% based upon plan
selection and the invoices we analyzed. This reduction
will lower the Town's annual telecommunication service
expenses by approximately $14,000 to $16,000.
BE IT FURTHER,
RESOLVED, that the Town Administrator be and is hereby
authorized to execute an agreement with Bridgecom, Inc.
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
8. Authorization — TA-05-01 — Street Painting.
- TA-05-02 — Grass Maintenance
Street Painting
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby award the
bid TA-05-01, Street Painting to Safety Marking, Inc. of
Bridgeport, Connecticut, who submitted the lowest
responsible bid of$5,129.00 for double yellow
reflectorized paint and $2, 166.90 for white reflectorized
paint; and
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:
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February 16, 2005
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
(for a list of bids SEE ATTACHMENT A at end of minutes)
TA-05-02 — Grass Maintenance
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby award
the bid TA-05-01, Street Painting to Acocella
Landscaping Ltd. Of Scarsdale, New York, who
submitted the lowest responsible bid of$20,610.00;
and
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
Wittner - Aye
O'Keeffe - Aye
(for a list of bids SEE ATTACHMENT B at end of minutes)
9. Set Public Hearing & Referral to Planning Board — LL Nos. 20-2003, 5-2004.
RESOLVED, that the Town Board does hereby set
the date for public hearing on Wednesday, April
13, 2005 on Re - codification to Local Laws Nos.
20-2003, 5-2004
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 is posted on the official Town
Clerk's Bulletin Board; and
BE IT FURTHER,
RESOLVED, that the codification to the local laws
be referred to the Planning Board for comment.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
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February 16, 2005
10. Resolution — Hommocks Pool
On motion of Councilman Odierna, seconded by Councilwoman Seligson, the following
was adopted:
WHEREAS, the Mamaroneck School District has
determined that renovations to the Hommocks Pool are
needed to comply with New York State and Westchester
County Health Department regulations; and
WHEREAS, Mamaroneck School District and Town of
Mamaroneck have determined that it is sensible during
the course of completing mandated pool improvements,
to also make improvements to the pool for the increased
enjoyment of those in the community that use the pool for
recreational purposes, and
WHEREAS, the School District has determined that the
total cost of the pool renovation is $6.1 million; and,
WHEREAS, Town recognizes the importance of the pool
as a year round recreational facility
NOW THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of
Mamaroneck agrees to provide a maximum of$500,000
towards the cost of the planned pool renovation and that
the Town will not be required to remit any funds to the
Mamaroneck School District before March 1, 2006.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
11. Resolution — Reclassification — Deputy Town Clerk.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, the following
was adopted:
WHEREAS, under subdivision 10 of section 30 of the New
York Town Law, a town clerk has the right to appoint up
to three deputies; and
WHEREAS, under that same statute, deputy town clerks
can have such powers and may perform such duties as a
town board determines, provided that the grant of power
is not inconsistent with law; and
WHEREAS, the Town Clerk of the Town of Mamaroneck
("Town Clerk") plays a vital role in the operation of local
government, providing a wide range of services to the
residents of the Town and others; and
WHEREAS, in order to run efficiently, the Town Clerk
needs deputy town clerks to assist in the performance of
the functions of that office; and
WHEREAS, the Town Clerk has appointed two deputy
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February 16, 2005
town clerks; and
WHEREAS, the Town Clerk is a principal executive officer
within the meaning of the New York Civil Service Law; and
WHEREAS, under the rule pronounced in Liss v. New
York State Civil Service Comm., `6 AD 2d 831 (2d Dep't
1980,), the deputy town clerks can be members of the
exempt class under the New York Civil Service Law; and
WHEREAS, under section 41 (subd.1, par. [b) of the New
York Civil Service Law, for a deputy of a principal
executive officer to be classified as a member of the
exempt class, such deputy must he authorized to act
generally for and in place of that principal executive
officer.
NOW THEREFORE, BE IT
RESOLVED, that the Deputy Town Clerks of the Town of
Mamaroneck be and hereby are authorized to act
generally for and in place of the Town Clerk 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
12. Approval of Certiorari.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
RESOLVED, that upon recommendation of the Town
Attorney, the Town Board hereby authorizes the
settlement of the following tax certiorari on the following
terms:
Larchmont Nurseries, Incorporated
2315 Boston Post Road
Block: 702 Lot: 51
Larchmont, NY 10538
Town of Mamaroneck/Village of Larchmont
Year Current Assessment Reduced Assessment
1992 $41,850 $31,385
1997 $41,850 $31,385
1998 $41,850 $31,385
1999 $41,850 $31,385
2000 $41,850 $31,385
2001 $41,850 $31,385
2002 $41,850 $31,385
2003 $41,850 $31,385
2004 $41,850 $31,385
The above resolution was put to a roll call vote:
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February 16, 2005
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
13. Salary Authorization — Police Department
Recreation
POLICE DEPARTMENT
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that as provided for in the 2005Town
Budget the Town Board does hereby authorize the
payment of salary to the following: Gerald McCarthy to
the Position of Police Lieutenant at an annual salary of
$97,010.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
RECREATION
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, 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:
Heike Rauls Alternate Women's $35/session effective 2/15/05
Fitness Instructor
Liz Linsalato Swim Instructor $17/hour retroactive to
2/5/05.
Tommy Spader Lifeguard $7.50/hour retroactive to
2/10/05
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
REPORTS OF THE COUNCIL
Councilwoman Odierna said the Recreation Commission at its February 8t" meeting
discussed increasing fees for the upcoming year. The new brochure is going out and
the Ice Rink is doing fine. He attended the summit meeting where they discussed
trying to focus on things important to all.
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February 16, 2005
Councilwoman Wittner said the Housing Authority was having their meeting tonight
and she will be updated by the Chair on the 2004 annual expense report.
Councilwoman Seligson went to the DARE graduation at Chatsworth Avenue School
where her son Benjamin was one of the graduates. She said both she and the
Supervisor attended Career Day at Hommocks where they spoke to four classes of 7th
graders. It was enjoyable to explain to them public service work.
Councilwoman Myers said this was most likely her last meeting since she was elected
to County Legislator. She thanked her fellow Board members, the Town Clerk, the
Town Administrator and Bill Maker for their support through her tenure here. She said
this is a great Board and she was fortunate to live here having this Board. They listen
to opinions and to their residents. She said she has loved working here.
Supervisor O'Keeffe said its good to know that Judy Myers is in the County working
for us. She said they had all attended the Senior Luncheon at the Larchmont Village
Center, she had a great time.
ADJOURNMENT
On motion of Councilman Winick, seconded by Councilwoman Wittner, the meeting
was unanimously convened into a Work Session at 11:15 PM.
Respectfully submitted,
Patricia A. DiCioccio, Town Clerk
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