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HomeMy WebLinkAbout2007_05_02 Town Board Minutes MAY 2, 2007 TOWN OF MAMARONECK TOWN BOARD AGENDA REVISED REGULAR MEETING —Wednesday, May 2, 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 Board of Architectural Review, Update —April 15th Storm Damage. 7:15 PM EXECUTIVE SESSION to discuss Personnel & Certiorari RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits BOARD OF FIRE COMMISSIONERS 1. Other Fire Department Business AFFAIRS OF THE TOWN 1. Report of Bids — TA-07-10 - Furnish & Deliver Two 25-Yard Refuse Collection Trucks. 2. Designation of Hudson Valley Bank as Town Depository. 3. Report of Bids — TA-07-08— Furnish & Deliver One 70-Foot Hydraulic Articulating Aerial Truck. 4. Report of Bids — TA-07-02— Construction & Replacement of Concrete Sidewalks, Curbs & Sidewalk Curb Ramps. 5. Authorization - Connect CTY Notification System. 6. Resolution — New York State Wetlands Legislation. 7. Approval of Certiorari 8. Salary Authorization — Highway Department Recreation 9. Waiver of fees for Flood Damaged Homes APPROVAL OF MINUTES March 21, 2007 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL TOWN CLERKS REPORT Next regularly scheduled meetings — May 16 &June 6 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. 1 MAY 2, 2007 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON MAY 2, 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 ALSO PRESENT: Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Patricia A. DiCioccio ABSENT: Councilman Paul A. Winick Christina Battalia, Town Clerk WORK SESSION Board of Architectural Review The Board discussed the guidelines of the BAR. Supervisor O'Keeffe asked about the possibility of engaging Buckhurst & Fish to review other municipalities guidelines. The BAR members would like to see increased powers and less structure. They also discussed who would be involved in going over the structure and building of FCD's building. The Supervisor said since the Town Board took over this project we should be in charge of that too. Mr. Maker said the BAR is the usual arbiter of design. Councilwoman Seligson said there has to be better communication between the boards, especially when Zoning or Planning overturn a decision made by the BAR. It was decided the Supervisor would draft a letter to the chairs asking them to write when changes to another board's decisions are made. Councilwoman Wittner suggested we go back to Harlan Sexton about re-doing design guidelines. Mr. Altieri said he would get copies of design guideline laws from other municipalities. Storm Damage The Supervisor said there was talk of the need for dredging which borders on hysteria. It is not really what caused this. The SBA, FEMA, Social Services, and Washingtonville Housing Alliance set up feeding stations. The Town has started a fund which we are trying to make tax deductible. I CARE is facilitating the Town's ability to do that. A Committee has been appointed to oversee how the funds are distributed. Applications will be given out at the Town and in the Village of Mamaroneck. Councilman Odierna asked who made the decision to cut the electricity in the Town. Mr. Altieri answered it was made by the Fire Department and Con Edison jointly. Mr. Altieri asked if the Board would consider waiving building fees for flood damage repairs, adding that many of the other municipalities are waiving them. It was decided to add this to the agenda Notification System The Administrator said the Connect - CTY System is a bargain, recommending it for approval. He passed out a copy of a breakdown of costs from the different providers. CALL TO ORDER 2 MAY 2, 2007 The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:3013M. 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 Wittner, seconded by Commissioner Odierna, 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 The following member was absent: Commissioner: Paul A. Winick 1. Fire Claims THERE WERE NO FIRE CLAIMS PRESENTED 2. Other Fire Department Business Councilwoman Wittner reported that the Fire Council Committee reviewed volunteer fire fighter from different vendors gear. They decided the best use, and most recommended use would be to rotate gear through the years in order to have consistently good equipment. The gear lasts between 5 and 12 years depending on the individual. In the future they would request that the gear be put on the budget as a separate line item. The celebration of the 100th Anniversary of the Weaver Street Fire House has been changed to September 8, 2007 from September 15, 2007. There will be an open house and activities for children with a portion of the street closed. There will be a journal for the formal dinner they are having. The Memorial Day Parade is on May 30, 2007 at 7 p.m. beginning in front of Mamaroneck Avenue School. At Myrtle Blvd. and Murray Avenue on May 30, 2007 at 5:15 p.m. will be the Larchmont American Legion Memorial Service. The LMC-TV awards will be held at the Emelin Theatre on May 30, 2007 at 7 p.m. There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Seligson, the Commission unanimously adjourned and reconvened the regular meeting of the Town Board. AFFAIRS OF THE TOWN 1. Report of Bids — TA-07-10 Furnish and Deliver Two 25 Yard Refuse Collection Trucks On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was approved, WHEREAS, on April 26, 2007 the Town publicly opened and read bids to take delivery of two refuse collection vehicles, and WHEREAS, the Town of Mamaroneck will be purchasing one of the vehicles and the Village of Larchmont will be purchasing the second vehicle, and 3 MAY 2, 2007 WHEREAS, an alternate bid was requested for a cart flipper, a devise capable of lifting 90-120 gallon garbage pails. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-07-10 to the lowest bidder, Gabbrielli Truck Sales, Bronx, New York, in the total amount of$342,300.00, and BE IT FURTHER RESOLVED, the Town of Mamaroneck will finance the purchase of one vehicle at a total cost of$173,900.00 through the issuance of a bond anticipation note; the Village of Larchmont shall be responsible for financing the purchase of the second truck at a total cost of$173,900.00, and BE IT FURTHER RESOLVED, that the Town Administrator be authorized to execute said contract when at such time the Village of Larchmont has finalized their approval process. The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 2. Designation of Hudson Valley Bank as Town Depository On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby designate Hudson Valley Bank as a depository for funds of the Town of Mamaroneck for the year 2007. 3. Report of Bids — TA-07-08— Furnish and Deliver One 70-Foot Hydraulic Articulating Aerial Truck On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was unanimously rejected WHEREAS, on April 12, 2007 the Town publicly opened and read one bid for Contract TA-07-08 - delivery of one 70-foot aerial truck from Gabbrielli Mac, Bronx, New York, and WHEREAS, the total bid received of$155,800.00 exceeded the original budget estimate by approximately $15,000. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby reject the bid from Gabbrielli Mac for Contract TA-07-08 4. Report of Bids — TA-07-02— Construction & Replacement of Concrete Sidewalk, Curbs & Sidewalk Curb Ramps 4 MAY 2, 2007 On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was approved, WHEREAS, on April 26, 2007 the Town publicly opened and read 10 bids for the construction and replacement of concrete sidewalks, curbs and sidewalk curb ramps for improvements to East Brookside Drive, and WHEREAS, the contract will replace 79,000 square feet of sidewalk, 2,200 square feet of driveway aprons, 3,100 linear feet of new stone curbing and 100 linear feet of concrete curbing, and WHEREAS, in addition, there are various other tasks including the resetting of catch basins and reconstruction of slate and brick walkways, and NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-07-02 -to the lowest bidder Acocella Contracting, Scarsdale, New York at a total cost of $182,852.00, exclusive of asphalt and catch basins, and BE IT FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: Winick - Absent Seligson - Aye Odierna - Aye Wittner - Aye O'Keeffe - Aye 5. Authorization — Connect CTY Notification System HELD OVER FOR CLARIFICATION IN WORDING OF CONTRACT. 6. Resolution — New York State Wetlands Legislation Councilwoman Seligson explained that Assemblyman George Latimer is co-sponsoring a bill in the New York State Assembly that calls for State protection of freshwater wetlands of one acre or more in size. Assemblyman Latimer is seeking a letter of endorsement for the bill from the Town of Mamaroneck. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve a letter of support to Assemblyman George Latimer in support of bill number A07133, An Act To Amend The Environmental Conservation Law, in relation to freshwater wetlands and repealing section 24-1305 of such law relating hereto. 5 MAY 2, 2007 The following letter is entered into the record: May 18, 2007 The Honorable George Latimer New York State Assemblyman 922 Mamaroneck Avenue Mamaroneck, NY 10543 Dear Assemblyman Latimer: The Town of Mamaroneck recognizes the importance of freshwater wetlands in providing flood control, habitat for nurseries and breeding grounds for fish and shore birds, storm protection, and water quality benefits. The Town of Mamaroneck supports changing the threshold of State protection of freshwater wetlands from 12.4 acres to wetlands of one acre or more in size or adjacent to a water body or of significant local importance. As you are aware, wetlands of 12.4 acres or greater are a rarity in lower Westchester County, yet we do have smaller freshwater wetlands which are critical to our ecology and deserve protection. Please consider this a letter of support for bill number A07133, An Act To Amend The Environmental Conservation Law, in relation to freshwater wetlands and repealing section 24-1305 of such law relating thereto. Thank you for co-sponsoring the legislation. Sincerely, Valerie M. O'Keeffe Supervisor, Town of Mamaroneck cc: The Honorable Governor Eliot Spitzer The Honorable Assembly Speaker Sheldon Silver The Honorable Senator Joseph Bruno The Honorable Senator Suzi Oppenheimer Westchester County Planning Commissioner Jerry Mulligan Town Board 7. Approval of Certiorari Mr. Maker explained the details of the Nautilus Diner Certiorari. Supervisor O'Keeffe noted that the market value indicated is determined by an income approach, how much the diner is worth, not on the value of the property if it were to be sold. Commercial property is valued differently than residential because residential property has no income. Mr. Maker added that the assessment is also based on the equalization rate. Councilman Odierna stated he did not think the Board fully understands the relationship between commercial income producing property to the equalization rate. Mr. Maker offered to give the Board the full appraisal for this property to be used as a teaching tool to explain further to the Board how these kinds of Certiorari are evaluated. Mr. Maker also stated the evaluation for commercial Certiorari are difficult as there are many factors to consider. The Board questioned why the property value went down in 2006. Councilwoman Seligson questioned whether the income as stated could be verified. 6 MAY 2, 2007 Mr. Maker answered that comparables are used to verify income. He added that there was a secondary factor involved in evaluating this Certiorari which, if the Board would like to hear, should be discussed in Executive Session under advice of Counsel. The Board noted that this is a perfect example of the need for revaluation. Mr. Altieri added that every time the Board approves a Certiorari they are doing a revaluation -just very inequitably. Without equity of the system there is no way to balance the burden from residential property owners -the system is swinging the burden from the commercial to residential properties. The Board noted that the following motion was being made with regret. On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: Nautilus Equities, Inc. 1240 West Boston Post Road Mamaroneck, NY 10543 Block: 408 Lot: 110 Town of Mamaroneck/Village of Larchmont Year Current Assessment Reduced Assessment 2002 $84,850 $36,000 2003 $84,850 $32,200 2004 $84,850 $33,200 2005 $84,850 $33,200 2006 $84,850 $24,400 The above resolution was put to a roll call vote: Winick Absent Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 8. Salary Authorization — Highway Recreation HIGHWAY Mr. Altieri explained that after thirty-five years of service Charles Reilling retired last month. Mr. Comblo is being recommended as his replacement. On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby appoint Michael Comblo to the position of Sewer Maintenance Foreman, at annual salary of$58,799.00, effective May 3, 2007. The above resolution was put to a roll call vote: Winick Absent 7 MAY 2, 2007 Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye RECREATION 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: Lester Wauchope, Park Attendant, Memorial Park, $13.50/hour, effective 4/4/07. Scott Hagan, Assistant Instructor, Spring Hockey, $7/hour, effective retroactive to 4/21/07. The above resolution was put to a roll call vote: Winick Absent Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 9. Waiver of Building Department Fees — Flood Damaged Homes Supervisor O'Keeffe noted that the Town of Mamaroneck wished to waive any building permits fees for residences affected by the April 15 flood. It was noted that many other municipalities have initiated this as well. Any residents who have already paid a fee will receive a reimbursement. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the wavering of building permit fees for home repairs directly related to the April 15 flood. The above resolutions were put to a roll call vote: Winick Absent Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye APPROVAL OF MINUTES - March 21, 2007 8 MAY 2, 2007 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 March 21, 2007. The above resolution was put to a roll call vote: Winick Absent Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye ORAL COMMUNICATIONS Cynthia Ghaffari, Larchmont Garden's Civic Association, asked the Board to address the time frame for the work at the brook to begin as well as the repairs at the sidewalk. It was noted that the East Brookside sidewalks and curbs are to begin in June, paving to be completed by August. West Brookside is scheduled for 2008 unless the Federal Government provides some funding under a FEMA request. There is no approval for governments to get funding so far. WRITTEN COMMUNICATIONS No report given SUPERVISOR REPORTS Supervisor O'Keeffe noted that the vast majority of the Town Board's time has been devoted to aspects of helping people and the Town since the flood of April 15th. The Supervisor further commented that the Town's efforts have been devoted to securing help for the people who have suffered during the flood. The ravaged areas and the shelter have been toured by Governor Spitzer, Senator Schumer and Senator Clinton, who brought Mr. Paulison, the head of FEMA. Mr. Paulison toured the most flooded areas. He was able to see first hand how devastated people were. He then went to NJ to tour their flooded areas, then went back to Washington and put on the President's desk a recommendation by FEMA that individual assistance be given to the areas designated. The President signed it within hours on Tuesday. By Wednesday the FEMA people were in the Town of Mamaroneck, Town Center. The Town of Mamaroneck also has the Red Cross and the Department of Social Services from Mt. Vernon, the NYS Department of Housing and Community Renewal, Spanish and Italian translators, in addition to mental health counselors. Supervisor O'Keeffe explained that there is assistance so people can sign up. Anyone who has suffered damage should keep receipts and pictures, have their social security number, describe their income and their losses. An appointment with an inspector will be set up. The inspector will make a recommendation and within a couple of weeks applicants will receive a check or a letter that states nothing will be given. This letter is not necessarily a substantive determination and residents should re-apply. Prior to a small business administration loan, residents should sign up for FEMA on line which should take 20 minutes or less. Because the President declared the Town of Mamaroneck a disaster area, individual people are not only entitled to FEMA grants but they can also get loans and some grants from the Small Business Administration. The Supervisor commented that the Town of Mamaroneck and the Village of Mamaroneck had practiced emergency situations with fire, police, EMS and Con Ed. Supervisor O'Keeffe stated that when the flooding occurred, everyone got together to try to answer the needs of the people. When people had to be evacuated, there was a shelter set up in the Mamaroneck High School gymnasium which had been all 9 MAY 2, 2007 preplanned by our municipalities. The police and the recreation department worked very closely with the Red Cross to set up cots. The shelter had 300 people at the beginning of the floods. Currently there are 15 people. There were some people who lost everything they owned, they had no money. There were several not-for-profit institutions who tried to help them. Supervisor O'Keefe stated that the town responded by reaching out with our Community Services Director, Anna Danoy, and her staff. We had the United Way, the Red Cross, the Hispanic Resource Center, Washingtonville Housing Alliance, Churches, Synagogues, Habitat for Humanity among others working to help the people prior to FEMA getting here. The Town has started a fund, along with the Village of Mamaroneck, called the Town of Mamaroneck Community Service Flood Relief Fund. The fund currently has $28,000 in it. The Town of Mamaroneck teamed up with (CARE, an organization that is a 501(c)3 corp., to distribute the funds. There is a committee who will figure out how to distribute the funds. In addition, residents can contact Westchester Share House for donation of gently-used furniture. Supervisor O'Keeffe thanked everyone for being so generous. REPORTS OF THE COUNCIL Councilwoman Wittner stated there was an LMC-TV affair on April 22, 2007. She attended the Coastal Zone Management Commission meeting where they heard an application regarding putting a dock in the Premium River along with doing some work on land. Councilwoman Wittner noted the Premium River can get quite narrow in spots. The Coastal Zone Management Commission decided they would not approve the dock. However, the landscaping architect representing her client stated that in lieu of a dock they would restore the, the marsh that goes down to the river, by removing phragmites and putting in some excellent plantings. It would allow the homeowners to port his kayak to the river. Councilwoman Wittner noted the Ice Cream Social hosted by the Sheldrake Environmental Center at the reservoir is on May 6, 2007. Councilwoman Wittner stated that the Town of Mamaroneck allocates $4,000 per year for new trees. The balance of money comes from private donations via the tree fund. The Town of Larchmont for example $20,000 a year for trees. The trees cost between $200 and $300 each. These are 2" caliber trees at chest height. The Town plants at least 20 trees per year. Councilwoman Wittner explained that the Town cannot plant under power lines anymore. Residents must agree to take care of the new stock by watering. The large, old trees, the maple in particular, are too large for the space used in planting and do not have enough room for their roots so they can raise and crack the sidewalks. Councilman Odierna asked how many trees are taken down each year and stated his concern that trees be replaced and then watered by volunteers. Administrator Steve Altieri explained that every year we are declared a tree city. The Town spends a lot of time on trees and watering existing areas that require maintenance. Councilwoman Seligson noted there was a Zoning Board meeting last week and asked if there was an update on the pool. Administrator Altieri responded that the deck is torn up, work has begun to re-cement the deck, reset the drains and the pool is targeted to be reopened at the end of May. Bill Maker wished all the female council members, the Town Supervisor, the retired Town Clerk and all the mothers in the Town of Mamaroneck a Happy Mother's Day. TOWN CLERKS REPORT Retired Town Clerk, Pat DiCioccio, was thanked by the Town Supervisor for stepping in this evening for the Town Clerk who was in Rochester at the New York State Towns Clerk's Association Conference. ADJOURNMENT 10 MAY 2, 2007 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the meeting was unanimously adjourned into executive session to discuss certiorari on advice of council at 10PM. Prepared in part by Patricia A. DiCioccio Submitted by Christina Battalia, Town Clerk 11