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HomeMy WebLinkAbout1999_05_19 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON MAY 19, 1999 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilwoman Judith A. Myers ALSO PRESENT: Stephen V. Altieri, Town Administrator Patricia A. DiCioccio, Town Clerk ABSENT: Councilman Barry Weprin Charlene Indelicato, Town Attorney CONVENE EXECUTIVE SESSION The Board convened into an Executive Session at 7:00 PM in Conference Room A of the Town Center to discuss personnel and litigation. On motion duly made and seconded the Board adjourned at 8:30 PM to the Court Room. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor Ryan at 8:40 PM, who then pointed out the location of exits. PUBLIC HEARINGS -Amendment Property Maintenance Law - Proposed Community Development Block Grant Application Myrtle Boulevard/Madison Avenue Area On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the hearing was declared open. AMENDMENT PROPERTY MAINTENANCE LAW The following notice was placed into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, May 19, 1999, 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 "Amendment to Chapter 161 Property Maintenance of the Town Code of the Town of Mamaroneck in Reference to Janitorial Service". The purpose of this amendment is to provide in those multi-family dwellings which are not owner occupied, an authorized agent on the premises in the case of an emergency and to insure that the premises are maintained in a clean and safe manner. Supervisor Ryan explained that this amendment to the law had been prompted because of a communication he had received from a senior living in a multi-family building that had no provision for a contact person should an emergency arise. May 19, 1999 Councilwoman O'Keeffe questioned the wording and asked if a definition of multiple dwelling could be added, and wanted to know how tenants are to be notified should the contact person be changed. Councilwoman Myers said Paragraph A of the law made provision for posting the name of the contact in the lobby of the building. Councilwoman Wittner said the name of the person to be contacted in an emergency should also be registered with the Police Department, and she pointed out a few typographical errors. Ernie Odierna, a resident, asked what happens if in an owner occupied multi-family dwelling, the owner goes away on vacation, adding that this law seemed not well written, nor thought out, seeming ambiguous. He asked if there was any law on the books at present. The Administrator answered that there was not, and the board is taking a further step to make someone responsible on-site; ultimately it will include all multi-family dwellings. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the hearing was declared closed. Then on motion of Councilwoman O'Keeffe, who specified that the law be amended to correct the wording and typographical errors, seconded by Councilwoman Wittner, the following local law was unanimously adopted: LOCAL LAW NO -4-1999 This Local Law shall be known as "Amendment to Chapter 161 Property Maintenance of the Town Code of the Town of Mamaroneck in reference to Janitorial Service." BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: 1. This Local Law shall be known as and cited as Amendment to Chapter 161 Property Maintenance of the Town Code of the Town of Mamaroneck. 2. Purpose The purpose of this amendment is to provide in those multi-family dwellings which are not owner occupied, an authorized agent on the premises in the case of an emergency and to insure that premises are maintained in a clean and safe manner. 3. Chapter 161 is amended as follows to add a new Section to be known as Janitorial Services. A. Whenever there are ten (10) or more families occupying any multiple dwelling and the owner does not reside therein, there shall be a janitor, housekeeper or some other person responsible on behalf of the owner, who shall reside in said dwelling or within a distance of three hundred feet (300) from said dwelling, who shall at all times maintain the premises in compliance with this Chapter and keep the premises free from filth, garbage, refuse and rubbish and who shall be responsible for the daily collection of garbage and other refuse from the occupants on a regular schedule and at a reasonable time and place the same out for collection and who shall have charge of such dwelling, except that where two (2) or three (3) multiple dwellings are connected or adjoining, one (1) resident janitor or such other person named shall be sufficient. The name of such janitor or other such person shall be registered with the Building Department of the Town of Mamaroneck. B. The owner or agent shall make his name, post office address and telephone number known to all tenants by posting it in a lobby or public hallway or other method satisfactory to the Building Inspector and shall also make available and known to all tenants and the Building Inspector the name, address and telephone number of an alternate individual who shall be responsible during the absence of said superintendent,janitor, caretaker or housekeeper. In the event that the landlord chooses to post his telephone number, he must post the telephone number of an agent authorized by him to make repairs and to act in emergencies. C. When changes in personnel occur, it shall be the obligation of the owner or agent to keep the Building Department advised of all changes. 2 May 19, 1999 D. Said janitor, superintendent, caretaker or housekeeper shall have sufficient knowledge, competence and responsibility and shall have authority from the owner or operator to attend to or arrange for continual operation of all essential services and facilities required under this Chapter. E. Failure of any janitor, superintendent, caretaker or housekeeper to comply with the provisions of this Chapter shall not relieve the owner or agent from the duties and responsibilities imposed by this Chapter. 4. Severability_ Should any provision of the Local Law be declared unconstitutional or invalid 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 provision. 5. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State. PUBLIC HEARING -- Proposed Community Development Block Grant Application Myrtle Boulevard/Madison Avenue Area The following notice was placed into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, May 19, 1999 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 an application for Federal Community Development Block Grant Funds by submission of an application to the Westchester County Department of Planning. The application shall be for the funding of improvements including sidewalks, curbs, signage and lighting on Myrtle Boulevard and Madison Avenue in the Town of Mamaroneck. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the hearing was declared open. Supervisor Ryan explained that this hearing was to discuss the application for the Community Development Block Grant (CDBG) for funding to upgrade the traffic flow and safety design in the Myrtle Boulevard area. The grants come in three year cycles and this cycle begins June 1. We are now projecting and anticipating what we think the costs will be. At a later date, the Board will hold public meetings to gather further public input into the actual design. The Town Administrator then said that it is a statutory requirement that a public hearing be held to discuss the CDBG application. He said that in the 80's the Town had updated its Master Plan and the changes that we are proposing in this application were addressed in the Plan. He showed a map of the proposed changes and said that the total cost would be approximately $487,000. In phase one, the cost is $272,000 and in the second phase the cost is $215,000. The Town would apply for 50 to 60 percent of the cost, since historically those are the figures the County has funded. The grant application is due by June 1, and in October the notifications are sent out. Councilwoman Myers asked if the Town applies and we give the specifications would we then have the ability to change our minds later. Mr. Altieri replied that we would be able to modify the plans as long as we are changing only the design items. She then asked why we were not asking for 100% of the project cost and then accept what they give us. The Administrator explained by our showing in the application that we are spending Town funds it shows a commitment to the project. Vincent Ferrandino, the consultant for the project, was introduced. He said typically the County tends to match funding up to about 60%, and the Town being ready to spend its own money 3 May 19, 1999 shows a true interest and commitment. The Town has already funded a study for this area, held a public meeting and after input and comments has redefined the proposal. These are the kind of applications that get funded. There are at least five other communities applying in the County and we have a "leg up" because we are showing that we have a realistic expectation about the funds available as well as the fact the Town has been funded before and were successful in completing the project. The Administrator stated that the engineering and design of the Boston Post Road CDBG project was all done by the County, which means that by virtue of using the County staff to draw up the design, they bore those costs. Supervisor Ryan asked if the application would explain that pedestrian safety would be tremendously increased should this project be funded. He was told it would be. Councilwoman O'Keeffe said that she was confused since she thought we had agreed on the islands not being placed on Myrtle Boulevard, and parking needs still have to be addressed. The Administrator answered that the islands can be removed and the redesign can be incorporated at a later date, and although parking is important, it should not be included yet. Changes to parking will have no impact on the grant since items like meters and lines are not eligible for funding. Councilwoman Myers asked if the grant would help to alleviate flooding. Mr. Altieri replied that regrading and/or storm drains could be incorporated into the plans. The Supervisor stated that this area of the Town has been neglected; there is no commonality in the design scheme. We are striving to achieve a resident-friendly design. Mrs. Schwartzman asked if overnight parking was being considered. She was told yes, but not at this meeting. Mike Rogers, said he had come because he had read the notices posted in his apartment building regarding the property maintenance law, but found this hearing much more interesting. He asked if they could receive notification sooner, as the agenda was not posted until two days before the meeting, which does not provide enough time. The Board then discussed putting notices on the Community Bulletin Board. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the hearing was declared closed. AFFAIRS OF THE TOWN 1. Authorization -Cooperative Agreement Community Development Block Grant Program The Administrator said the Town of Mamaroneck is a member of the Westchester County Urban County Consortium, members of the consortium include almost all of the Towns, Villages, and small cities in the County of Westchester. As members of the consortium we are eligible to apply for community development block grants from the Federal government. Westchester County acts as our representative to the Federal government for the processing and review of CDBG applications. Our membership in the consortium not only allows the Town to apply for funding but also helps the other consortium members. The formula to determine the total allocation of funds to Westchester County includes factors such as the age of housing and population; since much of our housing is older, it increases the availability of funding to the consortium. He then requested authorization to execute the cooperative agreement and further, that authorization be granted to file an application for funding on behalf of the Town. The application for funding would be based upon the project proposed earlier in the public hearing for the Myrtle Boulevard and Madison Avenue area. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the following resolution was adopted: WHEREAS, the Secretary of Housing and Urban Development of the United States is authorized, under Title I of the Housing and Community Development Act of 1974 as 4 May 19, 1999 amended, and Title II of the National Affordable Housing Act of 1990, as amended, to make grants to states and other units of general local government to help finance Community Development Programs; and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipal corporation the power, either individually or jointly with one or more municipal corporations, to apply for, accept and expend funds made available by the federal government, either directly or through the State, pursuant to the provisions of any Federal law which is not inconsistent with the statutes or constitution of this State, in order to administer, conduct or participate with the Federal government in programs relating to the general welfare of the inhabitants of such municipal corporation; and WHEREAS, the Community Development Act of 1974 as amended, Title II of the National Affordable Housing Act of 1990, as amended, and any "Eligible Activities" thereunder are not inconsistent with the statutes or Constitution of the State; and WHEREAS, a number of municipalities have requested Westchester's participation, and the County of Westchester has determined that it is desirable and in the public interest that it make application for Community Development Block Grant funds and HOME funds as an Urban County; and WHEREAS, participation by the County of Westchester as an Urban County in the Community Development Program requires that the Town of Mamaroneck and the County of Westchester cooperate in undertaking, or assisting in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 18 of the New York State Constitution; and WHEREAS, this Board deems it to be in the public interest for the Town of Mamaroneck to enter into a Cooperation Agreement with the County of Westchester for the aforesaid purposes. NOW THEREFORE, BE IT RESOLVED, that the Town Administrator be and hereby is authorized to execute a Cooperation Agreement between the Town of Mamaroneck and the County of Westchester for the purposes of undertaking a Community Development Program pursuant to the Housing and Community development Act of 1974 as amended and Title II of the National Affordable Housing Act of 1990, as amended. 2. Approval Street Tree Removal -28 Bonnie Way A communication was received from Ronald Carpaneto, Director of Building, saying three small trees located within the Town right-of-way at 28 Bonnie Way appear to be dying and in poor form for their species. Construction on and around the root area of these trees will most likely destroy them, due to their already delicate condition. He recommended that they be replaced on a one-to-one basis by a species that will grow low, be full, yet remain under the height of the wires above, which will give them a better chance of survival when construction is completed. Councilwoman Myers asked if the Town is replacing the trees, or the builders that are doing the construction. Mr. Altieri said the builders would be replacing the trees, not the Town. 5 May 19, 1999 On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that there be a one-to-one replacement of three trees with a species that will grow low, be full and remain under the height of the wires at 28 Bonnie Way, by the builders who are currently doing construction at the site. 3. Ratification - Re: Stipulation of Agreement - Police Benevolent Association The Administrator said that the contract with the police had expired December 31, 1997 and he had negotiating with them since that time. The major priorities focused on reducing overtime, which resulted in changing the rotation schedule to five days on and seven off, and there were changes made to chart days which are accumulated to compensate for staff coming in 20 to 30 minutes prior to the shift for roll call. Councilwoman Wittner said that she had just received the copy of the agreement and wanted more time to review it. She asked if it could be put off to the next meeting. It was decided to hold this matter over to the next meeting. 4. Salary Authorizations -Computer Assistant - Recreation The Administrator said this authorization would increase the hourly salary of Walter Anderson, who was appointed in 1997, to support the AS400 computer system. The salary is presently $50 per hour, and we are proposing increasing it to $65, which is well below the national average for this service. Computer Assistant On motion of Councilwoman Myers, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the increase of salary to Walter Anderson from $50 to the rate of $65 per hour, for his services as a part time computer consultant effective immediately; said services are expected to not exceed approximately $2,500 per year. Recreation RESOLVED, that as provided for in the 1999 Town Budget that the Town Board does hereby authorize the payment of salary to the following: Nancy Sadlier, Tennis Instructor, $23/hour and $21/hour, retroactive to 5/3/99. John Brian McCormick Tennis Instructor, $15/hour, effective retroactive to 5/3/99. Elias Languth, Tennis Instructor, $12/hour, effective retroactive to 5/3/99. APPROVAL OF MINUTES -April 7, 1999 On motion of Councilwoman Myers, seconded by Councilwoman O'Keeffe, the following resolution was adopted: RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of April 7, 1999, as amended. Ayes: Myers, O'Keeffe, Ryan 6 May 19, 1999 Nays: None Abstain: Wittner Absent: Weprin PROCLAMATIONS - LARCHMONT AVENUE CHURCH PRE-SCHOOL 25TH ANNIVERSARY -ARBOR DAY TREE CITY USA AWARD The Supervisor read the following proclamations: LARCHMONT AVENUE CHURCH PRE-SCHOOL 25th ANNIVERSARY AND JOYCE GUIMARAES, DIRECTOR WHEREAS, We take great pride in joining with the community in celebrating the 25rn Anniversary of the Larchmont Avenue Church Pre-School and the contribution of its Director of twenty-five years, Joyce Guimaraes, affectionately known as Mrs. G.;and WHEREAS, the Larchmont Avenue Church Pre-School started in 1974 as a tiny co-op nursery school and has since grown as one of the most sought-after pre-school programs in the area. The dedicated and hardworking staff of the pre-school with Joyce Guimaraes at the helm made it all possible. NOW THEREFORE, BE IT RESOLVED, that I, Paul A. Ryan, Supervisor of the Town of Mamaroneck and the Town Board members, do hereby proclaim Sunday, May 16, 1999 as a special day in the Town of Mamaroneck in recognition of the services provided to our community by the Larchmont Avenue Church Pre-School and Mrs. Joyce Guimaraes, Director. 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 May 1999. ARBOR DAY TREE CITY U.S.A. AWARD WHEREAS, 1999 marks the eighth year the Town of Mamaroneck has been recognized as a Tree City U.S.A. by the National Arbor Day Foundation;and WHEREAS, The Tree City U.S.A. award indicates that the Town of Mamaroneck takes its tree-care responsibilities seriously with an effective community forestry program;and WHEREAS, Trees make a world of difference in our communities. Trees have long been recognized for the beauty and value they lend to homes, neighborhoods, parks and business areas. At the same time, those trees conserve energy, help clean the air, protect rivers and streams, and provide a home for wildlife in our towns and cities. NOW THEREFORE, BE IT RESOLVED, that I, Paul A. Ryan, Supervisor, and members of the Town Council do hereby proclaim the month of May, 1999 as Arbor Day in the Town of Mamaroneck and urge all citizens to participate in programs and activities designed to furthering the establishment of trees in our community. IN WITNESS WHEREOF, I have hereto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 19th day of May, 1999. WRITTEN COMMUNICATIONS The Supervisor read the following communication into the record: Scott Stefan 7 May 19, 1999 One Huguenot Drive Larchmont, NY 10538 May 3,1999 Mr. Paul Ryan Mamaroneck Town Supervisor 740 West Boston Post Rd. Mamaroneck, NY 10543 Dear Mr. Ryan, Thank you very much for having the curbs on my property raised and for making the repair so quickly. Your help means a lot to me and my wife because we can now renovate our lawn. I would also like to commend the men who did the work:John Barreto, John Phillipson, Anthony Bonanno, Alan Casterella, and their crew chief Joe Tunno. They worked carefully and did a fine job. !especially appreciate that they used the old stone. Again, thank you. Sincerely, Scott Stefan SUPERVISOR REPORTS The Supervisor said that his wife Toni had received a call from someone who identified himself as being from Con Ed Solutions. He said that we would have to choose who our utility provider would be or we'd be set aside. Then he asked for our account number. Toni said if he were calling from Con Ed they should have it, at which point the person hung up. Investigating it with the help of our former Supervisor, Elaine Price, now Head of the Consumer Protection Agency, we were told that this is a scam called slamming. She advised us to notify everyone to be careful, as under the new policy for utilities, people can choose their provider, but don't fall for this flimflam. Remember not to give out any information. If the person is "for real" they can send you the request through the mail. He announced that there would be a Memorial Day service on May 30, at 11:00 AM; there would be a farewell party for long-time resident, and Zoning Board member, Patrick Kelleher prior to the June 2 Board meeting. County Board Chair, and our legislator, George Latimer, will be at that meeting to update us on County matters. There will be a public forum and discussion held at the Larchmont Avenue Church on the Columbine tragedy on June 24; attending will be our youth officer, Bob Reynolds. He announced that the Mamaroneck School budget had passed and that April Farber had been reelected to the School Board. Supervisor Ryan said that he had spoken to Chris Waite, who was working on our sound barrier issue, and he had agreed to be here for a public meeting on June 16, and he would bring Bob Frazier with him. The design is half complete as is the study, and will be ready by the date of the meeting. The construction is slated to begin right around Labor Day, and the goal is to reduce the decibel level by 10 points, which is a geometric level of measurement. ORAL COMMUNICATIONS Ernie Odierna said that he was pleased at the turn out at the Larchmont Gardens Civic Association block party held this past Saturday, thanking Paul Ryan and Phyllis Wittner for attending. He said he was delighted to hear about the War Memorial service that was to be held on the 30th, but suggested that everyone be real careful as traffic was congested in that area, which has been complained about for many years. He said that a stop sign had been run over and it was now nailed to a tree on Weaver Street. Bill O'Gorman said that the trees on Harmon Drive look really good, saying the previous trees had died from lack of water, so he wanted staff to be reminded to water the new ones. The Supervisor said that he had received a letter from the Degan's, who lived in that area, thanking the Town and its staff for the trees, commending the Highway Department. He said 8 May 19, 1999 that Joe Paterno, the foreman, had sent out soil samples for analysis to find out if there is anything in the soil that might be detrimental to the trees. REPORTS OF COUNCIL Councilwoman O'Keeffe said that she had received a letter from Bill Burn regarding the Memorial Day parade, how it needs more publicity especially since this honors our servicemen, both alive and dead. She suggested the notice be placed on the community bulletin board ADJOURNMENT The Supervisor said that the next scheduled meetings would be June 2 and June 16. On motion of Councilwoman Myers, seconded by Councilwoman Wittner the meeting was adjourned into an Executive Session to discuss litigation at 9:45 pm. Submitted by Patricia A. DiCioccio, Town Clerk C:1MSOfficelWinwordlM INUTES199minf105-19-99x.doc 9