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HomeMy WebLinkAbout2007_02_07 Town Board Minutes REVISED AT THE TOWN BOARD MEETING TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING —Wednesday February 7, 2007 in the Town Center Court Room at 8:15 PM THE TOWN BOARD WILL CONVENE at 5:00 PM into a Work Session to discuss the Legacy Program, Town Constables, Update on Cable TV Budget, Correspondence- Parking Richbell Road, Brookside Drive Improvements and Police Department Promotion. At 8:00 PM the Town Board will convene into Executive Session to discuss Certiorari and Personnel. RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN 1. Report of Bids — Contract TA-06-07 and 07A— Traffic Improvements — Myrtle Blvd. 2. Authorization — Inter-Municipal Agreement Village of Bronxville 3. Approval of Certiorari 4. Designation of Delegate —Association of Towns Conference 5. Appointment of Marriage Officer 6. Set Public Hearing —Amendment to Town Constable Ordinance ("Quality of Life Law") 7. Set Public Hearing - Extension of Moratorium on Illuminated Signs Law 8. Notice - Town Board Work Session on March 2, 2007 9. Salary Authorizations - Police Department - Highway Department - Recreation Department APPROVAL OF MINUTES December 6, 2006 and December 20, 2006 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL TOWN CLERKS REPORT Next regularly scheduled meetings — February 27, 2007 and March 7, 2007. Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. February 7, 2007 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON FEBRUARY 7, 2007 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, Deputy Town Clerk WORK SESSION Police Department Promotion Police Chief Rivera and Detective Lt. McCarthy were present to answer questions regarding their recommendation of promoting Jason Florkowski to Detective. Chief Rivera said Jason would be replacing Tommy Gisin who recently retired. Det. McCarthy reported that Jason had been a police officer since 1996, beginning his career at the 49th district in the Bronx. He added that he is respectful, enthusiastic and trustworthy, always performing his job with flying colors and he has passed his sergeant exam. Jason was an easy choice to make. Councilman Odierna questioned his attendance. Det. McCarthy responded that Jason has an excellent attendance record. Councilwoman Seligson mentioned that the interaction within the department is important too. Jerry agreed, saying it is important in such a service oriented department and that Jason will fit in extremely well, he works well with everyone. Councilman Odierna asked if the speed indicator machine was broken because he never sees it and when will the department get in to digital detection of speeders. Supervisor O'Keeffe suggested the Chief research that. Councilman Odierna said the police officer at post 4 needs to make his presence known and not be mere window dressing. And he asked if there was a report on the joint training the Village of Mamaroneck was asking about. The Chief said the department is currently in training for the Active Shooter program and we now have in our possession the blueprints for the schools, there was some confusion as to what the Mamaroneck Village was requesting. Det. McCarthy then reported on a hostage situation in the Town which was settled safely but that the County was alerted and had their SWAT team responding within minutes of the situation. They are trained in this and he just wanted to weigh in that SWAT seems appropriate for the County to have. Councilwoman Wittner asked if what he was saying is that the Town does not need a SWAT team. He said yes, exactly. 2 February 7, 2007 Cable TV Councilman Winick said they had a meeting with Verizon two weeks ago. The Verizon negotiations are going swimmingly. He said they had learned from the consultant that we are the only municipality who gives the entire franchise fee to LMC/TV. He said they now want Cablevision to come to the table and we want to have an agreement with both of them. He added that Verizon's technology is far superior. He said they sat with Erik Lewis about his budget. In the consultant's report there was recommendation for consolidation of the three locations, to which Eric replied would take 5000 square feet. Councilwoman Wittner said just because there is a recommendation it does not mean you have to act on it. Councilman Winick agreed saying their budget is not luxurious and to cut their budget would mean cutting services. Constable Program Mr. Altieri said tonight the Board will be asked to set the public hearing on the new constable program. He had met with all the people who potentially would be issuing appearance tickets to work out the details. He explained the process will include having a book of tickets and identification for them. He added ultimately what we are looking for is compliance; we are not trying to make money. Councilman Winick questioned the accountability issue, saying if someone's gardener blows leaves onto another property why should they be held responsible and how will you know. A discussion then followed on how to structure the law. Legacy Program Judy Myers, County Legislator, was present to answer questions on the County Legacy Program. Councilwoman Seligson wanted to know what the County thinks the Town's role should be with the Village of Larchmont in their application for a field. Ms. Myers said that she personally does not have much to do with the program. There is a committee made up of Commissioners who decide these things. She said they do want a promise of affordable housing from the Village of Larchmont. The Village is hoping to pursue some affordable units when apartment are built near the railroad tracks. Councilman Winick said there was talk about recovering CDBG money from Somers for their lack of commitment to affordable housing. Ms. Myers responded that Larchmont has been in active discussion with the site developers and yes they would be in the same situation as Somers if they don't pursue this. She then asked when the Town thinks they will be ready to ask for Legacy money. Councilwoman Wittner asked what the budget is for the Legacy program. Ms. Myers answered $7,000,000.00 this year. Supervisor O'Keeffe said the Town owns fields behind Hommocks that are the best natural fields around- do we want to turf them. Councilwoman Wittner asked if they have told us how much money the County would put up for turf. The Supervisor replied they have not. Councilman Winick said the turf will cost $2,000,000 and the fields group will have to raise about three quarters of that amount. Ms. Myers said the intent of Legacy is for protection and restoration of open space— she then read a list of names of municipalities who had received money and the purpose. Councilman Winick asked what do we get with turfing. Mr. Altieri said the gain would be no cancellations because of rain dates. More discussion followed. 3 February 7, 2007 Library Miriam Curnin, member of the Library Board, and Diane Courtney, Library Director, discussed the library budget. Ms. Courtney said the budget is usually adopted June 1, and we are currently in the planning stages now. Ms. Curnin said the increase is projected to be 4.8%, most of which are contractual items beyond our control. She said the budget is as tight as they could make it. Ms. Courtney said the HVA system is old and parts need to be replaced that are obsolete. We are preparing specifications now and will go out to bid but expect the cost to be $200,000. The Village is planning to bond the money for this. Supervisor O'Keeffe said the library has not borrowed for a long time because of their surplus. There was disagreement in the past with the Larchmont Board about spending those funds so the amount has dwindled. There was a discussion regarding the construction manager, ownership of the building, the breakdown of the budget based on enrollment and the renovations to the children's room. Ms. Courtney said they hoped to raise $1,000,000 for the children's center. She explained how the Westchester borrowing system works and noted the Library continues to circulate more books than DVD's, which is not true elsewhere. Parking — Richbell Road Supervisor O'Keeffe said she had received a written communication regarding parking on Richbell Road and after discussion it was decided there is no easy solution. Survey— Emergency Notification Councilman Odierna said the numbers were much easier to understand now in the new format. Mr. Altieri commented that 75% of the respondents said they will look to radio or TV for notification in an emergency. This tells us what we need to do and he said the system should be one under Town control. 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. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Winick, seconded by Commissioner Seligson, 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 Wittner presented fire claims for authorization of payment, thereafter on Commissioner Wittner's motion, seconded by Commissioner Seligson, it was RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief 4 February 7, 2007 and audited by the Comptroller's Office as amended: AAA Emergency Supply Co. Inc. $ 5,943.20 AAA Emergency Supply Co. Inc. $ 137.20 AAA Emergency Supply Co. Inc. $ 89.00 AAA Emergency Supply Co. Inc. $ 25.00 Cabela's Inc. $ 1,159.75 Cablevision $ 29.95 Community Fire Equipment $ 1,190.00 Con Edison $ 1,095.51 Fire Academy FSA $ 182.00 Fire Academy FSA $ 57.32 G & K Services $ 248.63 Giacomo Service Center $ 10.00 High Tech Car Wash $ 125.00 High Tech Car Wash $ 5.50 Interiors Inc. $ 1,800.00 Nextel/Sprint $ 265.76 Pronto Printer $ 272.23 Pronto Printer $ 246.80 Robert's $ 85.00 Technical Electronics Inc. $ 565.00 Technical Electronics Inc. $ 91.00 Technical Electronics Inc. $ 70.00 Technical Electronics Inc. $ 60.00 Technical Electronics Inc. $60.00 Technical Electronics Inc. $ 50.00 Technical Electronics Inc. $ 45.00 T.O.M. P.F.F.A. $ 204.36 United Water $ 266.07 Total: $ 14,379.28 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 2. Other Fire Business January 2007 ALARM TYPE NUMBER Generals 29 Minors 15 Stills 0 Out of Town (Mutual Aid) 2 EMS 14 Drills 1 TOTAL 61 Total Number of personnel responding: 630 Total Time working: 18 hours and 17 minutes Commissioner Wittner reported that at the last Fire Council meeting it was noted that the Explorer's would be wearing red helmets; this would distinguish them at a fire. There was also discussion regarding the problems with getting a fire truck through at Senate Place and Damon Terrace. There being no further business to come before the Commission, on motion of Commissioner Odierna, seconded by Commissioner Wittner, the Commission unanimously adjourned. 5 February 7, 2007 AFFAIRS OF THE TOWN 1. Report of Bids — Contract TA-06-07 and 07A—Traffic Improvements — Myrtle Blvd. Councilman Odierna stated he was in favor of the traffic light but he had questions about the center median. Councilman Winick stated he had problems with the cost factor versus the purpose of the median, adding the need for a calming effect was overstated. There was discussion regarding how the midian would affect the new parking deck as well as snow removal. Mr. Altieri reminded the Board that the Town would lose the grant monies if the project were to change. Councilwoman Seligson reminded the Board that the decisions made were based on the recommendations of a consultant, adding she felt this was a valid improvement . On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby award contract TA-06-07 to Verde Electric Maintenance Corporation to furnish and install traffic signal equipment for a total cost of$165,001.50, and BE IT FURTHER RESOLVED, that the Mamaroneck Town Board does hereby award contract TA-06-07A to ELQ Industries to construct road improvements on Myrtle Boulevard for a total cost of$188,995.70. The above resolution was put to a roll call vote: Winick - Nay Seligson - Aye Odierna - Nay Wittner - Aye O'Keeffe - Aye 2. Authorization — Inter-Municipal Agreement Village of Bronxville On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement whereby the Town of Mamaroneck will sell to the Village of Bronxville one 1994 Sewer Jet Cleaner mounted on a 1994 Ford F-350 Chassis as is for the amount of$ 16,500.00. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 3. Approval of Certiorari On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the 6 February 7, 2007 following terms, as recommended by the Town Attorney: Tomar Realty 225 Hoyt Avenue Mamaroneck, NY 10543 Block: 823 Lot: 9.1 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2002 $55,800 $38,000 2003 $55,800 $38,000 2004 $55,800 $38,000 2005 $55,800 $38,000 2006 $55,800 $38,000 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 Odierna, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms, as recommended by the Town Attorney: Tomar Realty 307 Hoyt Avenue Mamaroneck, NY 10543 Block: 824 Lot: 36 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2002 $24,200 $20,000 2003 $24,200 $20,000 2004 $24,200 $20,000 2005 $24,200 $20,000 2006 $24,200 $20,000 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms, as recommended by the Town Attorney: Zimmerman Limited Family Partnership 315-33 Hoyt Avenue Mamaroneck, NY 10543 Block: 824 Lot: 1 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2002 $59,400 $40,000 2003 $59,400 $40,000 2004 $59,400 $40,000 2005 $59,400 $40,000 7 February 7, 2007 2006 $59,400 $40,000 The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 4. Delegation of Towns On motion of Supervisor O'Keeffe, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby designate Councilwoman Nancy Seligson to attend the Annual Business Session of the Association of Towns of the State of New York, to be held in New York City, on February 21, 2007 and to cast the vote of the Town of Mamaroneck , pursuant to §6 of Article III of the Constitution and By-Laws of said Association. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 5. Appointment of Marriage Officer On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint former Mayor Miriam Curnin to serve as a Marriage officer for the period March 25, 2007 through and including April 8, 2007. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 6. Set Public Hearing -Amendment to Town Constable Ordinance On motion of Councilwoman Wittner, seconded by Councilman Winick, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the Town Constables Law for March 7, 2007 at 8:15pm; 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. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye 8 February 7, 2007 Wittner - Aye O'Keeffe - Aye 7. Set Public Hearing — Extension of Moratorium on Illuminated Signs Law On motion of Councilman Winick, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the Extension of Moratorium on Illuminated Signs Law for February 27, 2007 at the Weaver Street Fire House at 8:15pm; 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. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 8. Notice —Town Board Work Session on March 2, 2007 On motion of Councilwoman Seligson, seconded by councilwoman Wittner, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Town Board Work Session March 2, 2007, at 9:00 AM at the Mamaroneck Woman's Club, 504 Cortlandt Avenue, Mamaroneck, New York. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 9. Salary Authorizations - Police Department Highway Department Recreation Department On motion of Councilman Winick, seconded by Councilwoman Wittner, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the appointment of Police Officer Jason Florkowski to the position of Detective at an annual salary of$ 85,295 effective February 8, 2007. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 9 February 7, 2007 On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the appointment of Dennis Cuchinella to the position of Laborer with the Highway Department at an annual salary of$38,368 effective February 26, 2007. 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 Odierna, it was RESOLVED, that as provided for in the 2007 Town Budget the Town Board does hereby authorize the payment of salary to the following: Katherine Spader Alternate Swim Instructor $19.00/hour Thomas Spader Early Morning Swim Lifeguard $25.00/session Dan Stein Life Guard $8.50/hour* *change of salary from 1/12/07 authorization Emma Kravet, Life Guard, Hommocks Pool, $9.25 per hour, effective retroactive to 1/17/07. Cathleen Scanlon, Life Guard, Early Morning Swim, Hommocks Pool, $25/session, effective retroactive to 1/23/07. Katherine Spader, Swim Instructor, Hommocks Pool, $19/hour, effective retroactive to 1/20/07. Thomas Spader, Life Guard, Early Morning Swim, Hommocks Pool, $25/session, effective 2/5/07. Bryan Stein, Life Guard, Hommocks Pool, $8/hour, effective 2/3/07. Dan Stein, Life Guard, Hommocks Pool, $8.50/hour, effective retroactive to 1/17/07. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye APPROVAL OF MINUTES December 6, 2006 & December 20, 2006 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the minutes of December 6 and December 20, 2006 as amended. The above resolution was put to a roll call vote: Winick - Aye Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 10 February 7, 2007 ORAL COMMUNICATIONS Donna Wallock, 216 A Larchmont Acres West, addressed the Board stating she submitted a letter regarding overnight parking to the Supervisor, noting she had kindly responded. There was discussion regarding the overnight parking situation on Richbell Road specifically the number of garage spaces available to residents as well as the parking lots currently owned and operated by Larchmont Acres. Ms. Wallach was asked to do some homework involving these lots and garages and the Town would look into the situation further as well. The Board assured Ms. Wallach that the issue of overnight parking is one the Town Board is well aware of, in fact currently being addressed in the Washington Square area. George Roniger, Larchmont Garden's Civic Association, asked the Board to speak specifically about the Constable Law. Mr. Maker explained who would be designated Constables and what types of offenses would constitute a violation of the Quality of Life Laws. REPORTS OF THE COUNCIL Councilman Odierna said he joined the afternoon session held by George Latimer, State Assemblyman and Judy Myers, County Legislator, at the Nautilus Diner. An issue addressed was flooding on Weaver Street apparently due to lack of curbs and clogged sewers. February 1 he attended the Village of Mamaroneck Chamber of Commerce dinner. February 10 there will be a winter walk on Mamaroneck Avenue in honor of the new Quilt Cottage. He also attended the League of Women Voters breakfast in which the County Planning Commissioner was the speaker. Councilwoman Wittner reported there was a LISWIC Council meeting on January 19. Malcolm Pirnie was to look at forming stormwater utility district deal. They presented a budget which showed a great disparity on the amounts spent on stormwater between various governments. To form a district would take state approval. At the Coastal Zone Management meeting there was an applicant requesting the removal of 49 trees with no replacement plan submitted with the application. The Board could not proceed with these plans until replacement plans for the work to be done were submitted. CZM also discussed the Flint Park improvements. Councilwoman Seligson thanked the Fire Department for the wonderful installation Dinner. She commended Councilwoman Wittner for her great work with LISWIC. She attended the League of Women Voters breakfast where Jerry Mulligan, Commissioner of County Planning Department spoke. She went to Washington, DC to lobby for funding for the Long Island Sound, adding, with the change in Congress money may be more available. There was a Greenway meeting at which the new trail signs were presented. It appears that the County funding will come through-things are moving forward. The soft opening for the trail will be in September of 2007. Councilman Winick met with the Tri-municipal Cable TV Board on January 25—they approved the budget for the year, adding LMC does stretch the dollar. There was also an encouraging meeting with Verizon. There has been a tremendous amount of progress with the parking committee. There are an additional number of spots one can create. We are working on approval from the State to enable the Town to form a parking district. The Traffic Committee met and discussed an email from the Fire Chief. The Chief addressed concerns about the illegal parking preventing a fire truck from passing on Daymon and Senate Place. This is a safety concern and any change will impact both teacher and parent parking. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the meeting was unanimously adjourned into Executive Session at 10:45PM to discuss potential litigation. The meeting was adjourned in memory of Cathleen Price as well as Beverly Nolan's son who passed away last week. Submitted by Patricia A. DiCioccio, Town Clerk 11