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HomeMy WebLinkAbout2007_09_05 Town Board Minutes (2) September 5, 2007 TOWN OF MAMARONECK TOWN BOARD AGENDA REVISED REGULAR MEETING —Wednesday, September 5, 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 Correspondence— Ilene Grooper— Lot#3 Parking Permits, Railroad Station Stairwell Project, Property Assessments — Flood Zone, Mid-Year Financial Report, Myrtle Boulevard Veteran's Memorial, Proposed Amendment—Zoning Code, County Proposal Regarding Permanent Barriers — Bronx River Parkway, Proposed Tri-Municipal USO Fundraiser—Veteran's Day Weekend. 7:15 PM EXECUTIVE SESSION to discuss Certiorari PRESENTATION — George Lattimer—Star Rebate Diane Selditch — of Sound Waters PUBLIC HEARINGS -Amendment— Tree Law Amendment— Rock Removal Law 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. Tree Removal Appeal — 179 Griffin Avenue 2. Authorization — Consultant Services —Sheldrake River Improvements 3. Authorization Consultant Services —Telecommunications System 4. Authorization —Westchester County Police Training Academy Agreement 5. Referral to Planning Board —Zoning Code Amendment 6. Set Public Hearing —Amendment to the Zoning Ordinance 7. Approval of Certiorari 8. Authorization-Easement Agreement—Westchester Joint Water Works 9. Authorization — Design Services — Railroad Stairwell 10. Resolution of Endorsement-New York State Office of Court Administration Grant Salary 11. Salary Authorization - Recreation APPROVAL OF MINUTES August 6, 2007 August 8, 2007 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR'S REPORT REPORT OF THE COUNCIL TOWN CLERK'S REPORT Next regularly scheduled meetings — September 19, 2007 & October 3, 2007 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. 1 September 5, 2007 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON SEPTEMBER 5, 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 ABSENT: Councilman David J. Fishman ALSO PRESENT: Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Christina Battalia, Town Clerk Cindy Atiencia, Deputy Town Clerk Linda Silvestre, Deputy Town Clerk WORK SESSION Property Assessments — Flood Zone Susan Thomas, Town Assessor, noted that less than ten residents filed grievances with the Assessor's office due to the March 2 and April 15, 2007, floods. The Village of Mamaroneck received approximately 15. She noted that these numbers were surprisingly low due to the amount of residential damage. The Board noted that some residents do not want the fact that their homes were severely flooded to be on the record. Ms. Thomas also noted that any reductions given by the Village would be customarily honored by the Town. Residents did not need to file additional paper work with the Town. Ms. Thomas explained the procedure occurring in the Town of Rye, in which they have given flood victims a reduction of 5% of value less cost of damages, for one year only. They have also established a new Board, Flood Emergency Review Board (FERB) to help expedite the permit process for flood repairs. The Board noted that Ms. Thomas is the Village of Larchmont Assessor, but does not receive any salary directly from the Village. Ms. Thomas noted that there is a lot of redundancy in office work having two separate Assessment rolls. The Board agreed that due to the low number of grievances filed, no policy change should be made. Correspondence— Ilene Groper— Lot#3 Parking Permits Ms. Groper is requesting the Board change its policy regarding 24 hour parking in Lot #3. Currently only one permit is issued per resident. That permit cannot be interchanged with any other cars owned by that resident. Ms. Gropper would like to be able to park either one of her two cars in her assigned space. The Board felt that due to the many changes that will occur in the Washington Square area when the new deck is built, and the residential parking district is established, it would be advisable to make changes all at once. The Board would review the time frame for the deck and revisit this issue on October 19. Ms. Gropper will be notified that the Board will have a definitive answer for her after the October 19th Town Board Meeting. Railroad Station Stairwell Project Mr. Altieri explained that he had further reviewed the cost estimate based on issues put forth by Councilman Odierna at the last work session. Alternate options: use of prefabricated stairwell, alternatives to steel, details about lead abatement and source of costs for stairwell enclosure, were all reviewed by Calgi Construction and determined that although the project cost is high, alternatives are either unfeasible or more costly. The Board agreed to move forward with the design plan and would vote on its authorization at the regular meeting. 2 September 5, 2007 Myrtle Boulevard Veteran's Memorial The Board reviewed design formats as researched by Ned Benton, for the addition of Mr. Callaghan to the Memorial Plaque at Myrtle Park. One format included cleaning of the plaque. The Board decided this was not a good idea. They decided to receive an estimate from R & F Trophy in New Rochelle, who did a terrific job with the plaque at St. Augustine's Church. It was also agreed that the Board preferred the plaque format versus the individual letters with pin back format. Proposed Amendment—Zoning Code The Board agreed to move forward with the proposed amendment and would be referring this to the Planning Board and setting a public hearing at the regular meeting. County Proposal Regarding Permanent Barriers — Bronx River Parkway This August, Supervisor O'Keeffe received a letter from Commissioner Anthony Sutton of the Westchester Department of Emergency Services, seeking support for a County bond in the amount of 2.6 million dollars for emergency equipment. It was noted that the equipment being purchased would be made available to local municipalities during times of emergency. The Board agreed that a letter of support would be sent by Supervisor O'Keeffe. Proposed Tri- Municipal USO Fundraiser—Veteran's Day Weekend The Board was apprised of the upcoming event. Review of Board of Architectural Review (BAR) Comments — Proposed Parking Deck Lot#3 The Board reviewed marked up drawings of changes the BAR would like to see with respect to the proposed parking deck. The primary issues are the stairway roof, bricking column fascia, brick bands and brick variation. The Board had mixed opinions with respect to the BAR's proposed changes. The Board asked Mr. Altieri to consult with Andrew Tung and his design team and report back to the Board. Veteran's of Foreign War(VFW) —Senior Center Lease Agreement Mr. Altieri advised the Board that the VFW was concerned that the increased use of the large room at the VFW by the Seniors would cause an unanticipated increase in the utility cost to the VFW. It was agreed that the $2,500.00 that is to be rebated to the Town for repairs it completed to VFW, would be deferred until January 2008. It was also suggested to the VFW that they review utility costs at the end of the Fall, if needed a further discussion could take place with the Board. Notice of Public Open House — Review of New Federal Emergency Management Agency (FEMA) Maps The Board noted that the Mamaroneck Town Center would be a host site for the FEMA Public Open House Meeting on September 11, 2007. This will be an opportunity for the community to review the new FEMA maps, ask questions about flood mapping, flood plan management and the National Flood Insurance Program. Larchmont Public Library Renovations Supervisor O'Keeffe, reported that Mayor Liz Feld had been requested by Miriam Curnin, Chairperson of the Library Board, to meet and review the Library renovation project. Mayor Feld asked Supervisor O'Keeffe if she would attend. Proposed Amendment to the Chipping Law Mr. Maker noted a minor change to the proposed Chipping Law being discussed at this evening's public hearing. Mr. Maker has proposed an additional change to the neighbor notification letter which appears in paragraph E of the proposed local law amendment. The sentence `The permit allowing rock removal will expire on (INSERT EXPIRATION DATE)' will be replaced with `The last day on which rock can be removed from this site 3 September 5, 2007 by mechanical means is (INSERT THE LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN OCCUR).' Tree Permit Appeal – 179 Griffen Avenue At this evening's regular meeting, the Board will review the proposal by the Arnow's for tree replacement on their property at 179 Griffen Avenue, as proposed at the meeting on August 8, 2007. The Board was not pleased with the choice of trees to be planted and would address this at the regular meeting. Sink Hole at Hommocks Mr. Altieri apprised the Board of an issue at the Hommocks property in which a collapsed pipe is causing a sink hole. The pipe is 60" in diameter, approximately 800' in length and set 11' under ground. The pipe will be assessed immediately by the firm that has been televising other pipes in the Town. Mr. Altieri emphasized this would not be an easy repair. Flint Park Renovation Project–Town and Village Inter municipal Agreement (IMA) The Board was notified today that a preliminary IMA had been drafted by the Village Attorney and forwarded to the Town Attorney, Mr. Maker. The Village Board requested that the Town Board address this at this evening's meeting. Mayor Feld was informed that the Board would need more time to review the IMA, and would likely set a special meeting for its approval. It was noted that Mayor Feld stated a survey was now available. Fire Department Volunteers Councilwoman Wittner apprised the Board that the Town Fire Department had received 16 new volunteers. 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. PRESENTATION -ASSEMBLYMAN GEORGE LATIMER–2007 NY STATE TAX REBATE Assemblyman George Latimer addressed the Board, with the following explanation of the New York State STAR Rebate. IF you are a Senior Citizen already enrolled on Enhanced STAR: Your check will be mailed to you during the Fall. If you haven't received it by October 15th - call our Assembly office at 777-3832 IF you are NOT a Senior Citizen on Enhanced STAR: You will receive an application form with instructions that will be mailed to you before October 15th — to be completed and returned to Albany. This will include information on your annual income. Please check the deadline date due on the form and send it in before the deadline!!! The final deadline for the program is November 30, 2007. No forms will be accepted after that date. How much will I receive? It depends on your income and your school district. Mamaroneck School District homeowners— Rebate checks: Enhanced STAR recipients: $651.07 Regular STAR recipients: Income under$120,000 per year: $767.97 Income between$120,000 and$175,000 per year: $575.98 Income between$175,000 and$250,000 per year: $383.99 4 September 5, 2007 Scarsdale School District homeowners— Rebate checks: Enhanced STAR recipients: $680.70 Regular STAR recipients: Income under$120,000 per year. $802.93 Income between$120,000 and$175,000 per year. $602.19 Income between$175,000 and$250,000 per year. $401.46 No rebates will provide if your annual income exceeds $250,000 per year. PRESENTATION — DIANE SELDITCH — OF SOUND WATERS Ms. Selditch was introduced by Councilwoman Seligson as well as Councilwoman Wittner. Both of whom had high praise for the work Ms. Selditch has done for Long Island Sound. Ms. Selditch briefly explained that the Sound Waters ship is a floating classroom, in which educational programs take place. She praised the Town of Mamaroneck for its fine stewardship of Long Island Sound and presented the Board with a model of the Schooner Sound Waters and read the following Official Citation: Official Citatio It BE IT KNOWN TO ALL THAT SOUNDWATERS HEREBY OFFERS ITS HEARTIEST CONGRATULATIONS TO THE ToWn of ftlamaronerk ON THE OCCASION OF BEING NAMED AN INAUGURAL SOUNDHARBORS COMMUNITY IN RECOGNITION OF ITS LEADERSHIP AS A STEWARD OF LONG ISLAND SOUND. OUTSTANDING EXAMPLES OF THIS STEWARDSHIP INCLUDE: PASSING ANTI-IDLING LEGISLATION ENHANCING ACCESS TO LONG ISLAND SOUND RESTORING STREAM AND RIVER BANKS RESTORING THE LARCHMONT RESERVOIR THE SOUNDWATERS BOARD AND STAFF EXTEND THEIR BEST WISHES TO THE TOWN OF MAMARONECK AND LOOK FORWARD TO THE CONTINUATION OF A STRONG WORKING PARTNERSHIP IN THE PROTECTION OF LONG ISLAND SOUND. (biben tbis; 50 bap of 6eptember, 2007, at Aamaronecb, Pebi Pork By Len Miller Leigh Shemitz,PH.D Founder Executive Director 5 September 5, 2007 PUBLIC HEARINGS -Amendment— Tree Law Amendment— Rock Removal Law AMENDMENT—TREE LAW The following notice of Public Hearing was entered into the record: NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on September 5, 2007 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a local law entitled "Date for Issuing Certain Permits for the Removal of Trees" Law. Purpose Chapter 207 of the Code of the Town of Mamaroneck provides for the issuance of permits to remove trees from certain properties if the applicant for such a permit satisfies the criteria of that chapter. One criterion is that the trees sought to be removed lie either within the footprint of the area proposed for construction or within ten (10) feet of the perimeter of the proposed construction. Unfortunately, there have been situations where tree removal permits have been issued, trees have been cut down but the construction for whatever reason --- has not taken place. While the removal of trees that interfere with new construction is legitimate, the Town Board does not want trees -- - one of the Town's most important natural resource --- removed if the predicate for the removal, i. e., new construction, does not occur. This amendment seeks to minimize the number of times when tree removal may occur but the ensuing construction may not by postponing the issuance of tree removal permits until the applicant obtains a building permit for the proposed construction. The full text of this Local law may be examined and copies obtained at the Town Clerk's office during regular hours (Monday through Friday, 8:30 AM to 4:30 PM, or until 4:00 PM during June, July and August) at 740 W. Boston Post Road Mamaroneck, New York PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK Published: August 15, 2007 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Public Hearing was unanimously opened. Supervisor O'Keeffe asked if anyone wished to speak for or against the proposed law. George Roniger, Stoneyside Drive, asked why properties under 20,000 square feet are not included in this law. Supervisor O'Keeffe gave a brief history of the law. Mr. Roniger suggested this law apply to all properties. The Board all agreed that Town laws regarding tree removal should be reviewed in depth and would do so in the near future. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Public Hearing was unanimously closed. 6 September 5, 2007 On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was unanimously RESOLVED, that the Mamaroneck Town Board finds that the adoption of the proposed local law regarding "Date for Issuing Certain Permits for the Removal of Trees" is hereby declared to be a Type II action under the New York State Environmental Quality Review Act (SEQRA) requiring no further action. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the following was unanimously adopted: Local Law No. 9 —2007 This local law shall be known as the "Date for Issuing Certain Permits for the Removal of Trees" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 — Purpose. Chapter 207 of the Code of the Town of Mamaroneck provides for the issuance of permits to remove trees from certain properties if the applicant for such a permit satisfies the criteria of that chapter. One criterion is that the trees sought to be removed lie either within the footprint of the area proposed for construction or within ten (10) feet of the perimeter of the proposed construction. Unfortunately, there have been situations where tree removal permits have been issued, trees have been cut down but the construction for whatever reason - has not taken place. While the removal of trees that interfere with new construction is legitimate, the Town Board does not want trees - one of the Town's most important natural resources - removed if the predicate for the removal, i.e., new construction, does not occur. This amendment seeks to minimize the number of times when tree removal may occur but the ensuing construction may not by postponing the issuance of tree removal permits until the applicant obtains a building permit for the proposed construction. Section 2 -Amendment to an Existing Section of the Code of the Town of Mamaroneck Section 207-6 of the Code of the Town of Mamaroneck hereby is amended by adding a new paragraph K. thereto which reads as follows: "§ 207-6. Tree removal permit procedure; bond. K. If an applicant is required to obtain a building permit for construction on the applicant's property and if the proposed construction calls for trees on the applicant's property to be cut down and if the applicant satisfies the criteria for a permit to remove certain trees so that the proposed construction can proceed, the permit to remove those trees shall not be issued until a building permit for the applicant's proposed construction is issued." Section 3—Severability Should any court of competent jurisdiction declare any provision of this Local Law invalid or unconstitutional, 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 4— Effective Date This Local Law shall become effective on the date that it is filed in the office of the Secretary of State 7 September 5, 2007 AMENDMENT— ROCK REMOVAL LAW The following notice of Public Hearing was entered into the record: NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on September 5, 2007 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a local law entitled " Amendment To Chipping Law". Purpose The purpose of this proposed law is to further restrict the days on which removal of rock by mechanical means can be done. The full text of this Local law may be examined and copies obtained at the Town Clerk's office during regular hours (Monday through Friday, 8:30 AM to 4:30 PM, or until 4:00 PM during June, July and August) at 740 W. Boston Post Road Mamaroneck, New York PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK Published: August 15, 2007 On motion of Councilwoman Wittner, seconded by Councilman Odierna, the Public Hearing was unanimously opened. Supervisor O'Keeffe asked if anyone wished to speak for or against the proposed law. George Roniger stated he was very much in favor of this law. Mr. Maker noted that paragraph E (a) will be inserted into the final draft of the law which speaks to the neighbor notification and affidavit of neighbor notification prior to issuing of a permit. On motion of Councilman Odierna, seconded by Councilwoman Seligson, the Public Hearing was unanimously closed. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was unanimously RESOLVED, that the Mamaroneck Town Board finds that the adoption of the proposed local law "First Amendment to the Days and Hours when Removal of Rock is Permitted in Residence Districts and the Recreation District of the Town of Mamaroneck" is hereby declared to be a Type II action under the New York State Environmental Quality Review Act (SEQRA) requiring no further action. On motion of Councilman Odierna, seconded by Supervisor O'Keeffe, the following was unanimously adopted: 8 September 5, 2007 Local Law No.10 -2007 This local law shall be known as the "First Amendment to the Days and Hours when Removal of Rock is Permitted in Residence Districts and the Recreation District of the Town of Mamaroneck" Law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: In 2004, the Town Board enacted Local Law No. 2-2004 which regulated the days and hours when removal of rock by mechanical means in Residence Districts and the Recreation District of the Town of Mamaroneck could take place. In the three and one- half years since that law went into effect, the Town Board has had the opportunity to observe the application of this law and has determined that further refinements in the law are necessary in order to maintain the tranquility of the Town's residential neighborhoods while at the same time allowing owners to develop or improve their homes and properties. This law makes appropriate changes to the law. Section 2 –Amendment of a current section of the Mamaroneck Code: Section 106-58.1 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 106-58.1. Duration and hours for mechanical rock removal. A. As used in this section, the following terms shall have the meanings indicated: MECHANICAL MEANS — The use of any tools that are not operated solely by human muscular power. Explosives and the tools used in connection therewith shall not be considered mechanical means. ORIGINAL CONSTRUCTION — Structures, streets and lines, pipes, culverts and conduits for transporting potable water, storm water, sewage and utilities such as gas, telephone, electricity, cable television and Internet service that are built on land subdivided after February 1, 2004, if the subdivision plat creating the lots in that subdivision also created one or more new private or public streets or created extensions to any existing private or public street. A structure satisfying the definition of"original construction" will no longer be considered original construction once a certificate of completion, a letter of compliance or a certificate of occupancy (permanent or temporary) has been issued for any structure built on the lot where the structure is located. PERMIT—A building, plumbing, wetlands, street opening or erosion and sediment control permit. ROCK— In addition to natural stone, rock includes impervious concretions created by humans such as macadam, concrete and bricks. ROCK REMOVAL— The removal of rocks by mechanical means. ROCK REMOVAL PERMIT—A permit issued for rock removal on a subject property. SUBJECT PROPERTY—The lot for which a rock removal permit is issued. B. Each application for a permit for work to be done in any residence district or in the Recreation District of the Town of Mamaroneck shall be accompanied by a calculation of the total amount of cubic feet that will be disturbed by the work for which the permit is being requested. When that work will disturb more than 2,000 cubic feet, rock removal shall be illegal unless a rock removal permit is issued for the subject property. C. Rock removal shall be allowed only on the 15 days (not including Saturdays, Sundays and public holidays listed in section 24 of the New York Construction Law) immediately following the date of the rock removal permit. The rock removal permit shall contain the date after which rock removal no longer will be allowed to be done pursuant to that permit. This subsection shall not apply to original construction. 9 September 5, 2007 D. For original construction, rock removal shall be allowed only for the 180 days (not including Saturdays, Sundays and public holidays listed in section 24 of the New York Construction Law) immediately following the date of the rock removal permit. That permit shall contain the date after which rock removal no longer will be allowed to be done pursuant to that permit. E. (a) No later than 10 days before rock removal for which a rock removal permit is required commences, the following notice shall be mailed to the owners of each lot that has a lot line lying within 250 feet of any lot line of the subject property: "Dear Neighbor, Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by mechanical means, such as drills,jackhammers and other types of gas, diesel or electric powered equipment is scheduled to begin on [INSERT EFFECTIVE DATE OF THE ROCK REMOVAL PERMIT]. The law does not permit rock removal by mechanical means to occur on Saturdays, Sundays or public holidays. It also prohibits such removal before 9:00 AM (prevailing time) and after 6:OOPM (prevailing time) on those days when rock removal by mechanical means is permitted. The last day on which rock can be removed from this site by mechanical means is [INSERT THE LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN OCCUR]. For further information, please contact [INSERT THE NAME OF THE OWNER OR THE PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT THE TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE]. Very truly yours, [SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY] [PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]" (b) An affidavit attesting to that mailing must be filed with the Building Department before a rock removal permit can be issued for the subject property. The owner of the subject property shall attest to that affidavit. F. Rock removal shall not be permitted in any residence district or in the Recreation District of the Town of Mamaroneck: (1) On Saturdays (2) On Sundays (3) On public holidays listed in section 24 of the New York Construction Law or (4) Before 9:00 a.m. (prevailing time) or after 6:00 p.m. (prevailing time) on weekdays which are not public holidays listed in Section 24 of the New York General Construction Law. G. Only 1 rock removal permit shall be issued for a subject property in any calendar year. If a rock removal permit expires after November 30th of any year, no rock removal permit for the same subject property shall be issued prior to March 1St of the following calendar year. H. Any person who violates this section shall be guilty of a violation which shall be punishable by a fine of not more than $1,000 or 15 days in jail, or both, and also shall be liable for the civil penalty imposed by § 106-55C of the Code. Each use of mechanical means to remove rock on a day or at an hour when rock removal is prohibited by this section shall constitute a separate offense. I. If there is a violation of this section by someone other than the owner of the subject property, the owner of the subject property also shall be guilty of a violation which shall be punishable by a fine of not more than $1,000 or 15 days in jail, or both, and also shall be liable for the civil penalty imposed by § 106-55C of the Code. J. This section shall not apply to the removal of rock which is excavated without first being reduced in size. 10 September 5, 2007 K. This section shall not apply to public utility companies, the United States of America, the State of New York, the County of Westchester, the Town of Mamaroneck, the Mamaroneck Union Free School District, the Villages of Larchmont, Mamaroneck or Scarsdale or any independent contractors engaged by any of them. Section 3—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 4— Effective Date: This Local Law shall become effective upon filing with the Secretary of State. OUT OF ORDER AFFAIRS OF THE TOWN 1. Tree Removal Appeal — 179 Griffin Avenue Mr. Arnow, 179 Griffen Avenue, reviewed for the Board what had occurred at the previous Town Board Meeting. The culmination of that meeting was that the Arnow's would submit a plan for the replacement of trees on their property should the Town Board approve the removal of the two white pines. The Board received a proposal earlier in the day which was now being superseded by a second proposal. The Board reviewed the alternate tree selection and moved forward with the following resolution. On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby repeal the denial of the tree removal permit issued by the Tree Preservation Commission, and herby approves the removal of two white pines, and BE IT FURTHER, RESOLVED, that the Arnow's will plant four(4) white pines-two and one half to three inches in diameter-along the property line, and two (2) dogwood trees, at the other end of the property. Councilwoman Seligson stated that the Town tree removal policies need to be reviewed. BACK TO ORDER 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 11 September 5, 2007 ABSENT Commissioner: David J. Fishman 1. FIRE CLAIMS Commissioner Odierna presented fire claims for authorization of payment, thereafter on Commissioner Odierna motion, seconded by Commissioner Wittner, it was RESOLVED that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: AAA Emergency Supply Co. $ 776.00 AAA Emergency Supply Co. $ 698.25 AAA Emergency Supply Co. $ 396.10 AAA Emergency Supply Co. $ 316.00 AAA Emergency Supply Co. $ 198.05 AAA Emergency Supply Co. $ 114.00 AAA Emergency Supply Co. $ 111.00 AAA Emergency Supply Co. $ 98.10 AAA Emergency Supply Co. $ 57.50 AAA Emergency Supply Co. $ 48.00 AAA Emergency Supply Co. $ 48.00 Brenmar $ 271.50 Bronx Ignition $ 85.00 Byram Mason & Building Supply $ 82.50 Cleaning Systems $ 330.14 Cleaning Systems $ 16.00 Con Edison $ 275.07 Excelsior Garage $ 405.00 Fire End & Croker $ 382.50 G & K Services $ 68.31 Ikon $ 212.13 Pitt Stop Auto Parts $ 54.00 Poland Springs Water $ 130.81 R & F Trophies $ 383.80 Sean J. McCarthy $ 26.40 Senate Electronics $ 142.75 Smith-El-Dis-Co Inc. $ 349.30 Spring Tech Corp. $ 708.25 Technical Electronics Inc. $ 404.00 Town of Mamaroneck P.F.F.A. $ 220.08 Verizon $ 578.03 Verizon Wireless $ 12.56 Westchester Elevator $ 196.35 Winzer Corporation $ 25.00 Total: $ 8,220.48 The above resolution was put to a roll call vote: Fishman Absent Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. Other Fire Department Business Commissioner Wittner noted that an interesting discussion took place regarding by- laws at the last Fire Council Meeting. Residents were reminded of the 100th Anniversary 12 September 5, 2007 Celebration of the Weaver Street Fire House this coming Saturday. She read the following report of Service Award Standings as submitted. SERVICE AWARDS FROM JANUARY 1, 2007—JUNE 30, 2007 SEE ATTACHMENT "A" AT THE END OF THE MINUTES 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 2. Authorization — Consultant Services —Sheldrake River Improvements Mr. Altieri explained that this contract is part of the Town's Water Quality Grant Application submitted b the Town and approved by the New York State Department of Environmental Conservation (NYSDEC). On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was approved WHEREAS, an application was submitted by the Town of Mamaroneck and approved by the New York State Department of Environmental Conservation (NYSDEC) in the amount of$250,000.00, for the environmental improvements to a portion of the Sheldrake River. NOW THEREFORE, BE IT RESOLVED, that the Town Board does hereby approve the contract for the professional services of Woodard & Curran, of White Plains, in association with the development of a work plan, construction documents and construction support for the environmental improvements to a portion of the Sheldrake River, in the amount of$36,000; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said contract on behalf of the town. The above resolution was put to a roll call vote: Fishman Absent Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 3. Authorization Consultant Services —Telecommunications System Councilman Odierna felt the Board should look into additional options. Therefore, This matter was held over. 4. Authorization —Westchester County Police Training Academy Agreement On motion of Councilman Odierna, seconded by Councilwoman Wittner, it unanimously approved; WHEREAS, Westchester County coordinates the training of new police officers at its police academy in Valhalla, and 13 September 5, 2007 WHEREAS, in addition to County police serving as instructors, police officers from local departments also serve as instructors, and WHEREAS, the local officers remain on Town payroll when they are serving as instructors the program dose not generate overtime costs to the Town. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby authorize the agreement with Westchester County and the Mamaroneck Town Police Department, to utilize instructors provided by the municipality to teach police officers certain police training and related courses at the police Academy located in Valhalla ; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Fishman Absent Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 5. Referral to Planning Board —Zoning Code Amendment Mr. Maker explained, that section 25.00 of the New York Penal Law provides that unless a defense is denominated an "affirmative defense", the prosecution must disprove that defense if the defendant raises it at trial. Where this statute could cause difficulties for the Town is in the area of non-conforming buildings or uses. Section 240-66 of the Mamaroneck Town Code allows legally existing non-conforming uses to continue, however, sections 240-67 and 240-68 D. provide that where a non conformity is discontinued for the period of time specified in those sections, the right to continue the non-conformity ceases. Under the current Mamaroneck Town Code, if the Town prosecutes a violation of the zoning ordinance and the landowner professes innocence on the ground that the property is a nonconforming use or building, section 25.00 of the Penal Law would require the Town to prove beyond a reasonable doubt that the non-conformity did not exist rather than require the landowner to prove that the non-conformity existed before the enactment of the zoning ordinance. In most cases it would be nearly impossible for the Town to sustain such a burden of proof. Mr. Maker has, therefore, drafted a local law that would make the "non-conformity" defense an affirmative defense. Under New York Penal Law section 25.00 (2), that pronouncement would shift the burden of proof to the landowner who would have to prove the existence of the non-conformity by a preponderance of the evidence. Mr. Maker further explained that this proposed amendment to the zoning law should be referred to the Planning Board for its review. Since the Planning Board has forty five (45) days to review, a public hearing should be set for November 21, 2007. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was unanimously RESOLVED, that the proposed amendment to the zoning ordinance be referred to the Planning Board for their review. 14 September 5, 2007 6. Set Public Hearing —Amendment to the Zoning Ordinance On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was unanimously RESOLVED, that the Town Board does hereby set the date for public hearing on the amendment to the zoning ordinance for November 21, 2007 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. 7. Approval of Certiorari On motion of Councilwoman Wittner, 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: Kramont Realty Trust (Village Square) 1262 Boston Post Road Mamaroneck, NY 10543 Block: 407 Lot: 192 Town of Mamaroneck Year Current Assessment Reduced Assessment 2005 $110,000 $100,000 2006 $110,000 $ 95,000 The above resolution was put to a roll call vote: Fishman Absent Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 8. Authorization — Easement Agreement Westchester Joint Water Works On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, the following agreement was unanimously approved: Easement Agreement at the end of the minutes as ATTACHMENT A 9. Authorization — Design Services — Railroad Stairwell On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the contract with Calgi Construction for the pre-construction evaluation, preparation of the bid specifications and plans and review of the bids received, for the Parking Lot#1 Stairwell Project at a total cost of$17,700; and 15 September 5, 2007 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: Fishman Absent Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 10. Resolution of Endorsement— NYS Office of Court Administration Grant On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was unanimously approved. WHEREAS, annually the New York State Office of Court Administration accepts applications for grants for local justice courts. Each year the Town has submitted an application for funding and had been approved for such things as office equipment, computers and most recently the court's metal detector. NOW THERFORE, BE IT RESOLVED, that nunc pro tunc (now for then) the Town Board of the Town of Mamaroneck does hereby authorize the submission of a grant application in an amount not to exceed $20, 000 for funding through the New York State Justice Court Assistance Program; and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute the grant application. 11. Salary Authorization — Recreation On motion of Councilman Odierna, seconded by Councilwoman Wittner, 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: Alana Kelton,Skating School Director, Hommocks Park Ice Rink, $16,500 for services beginning 09/7/07. SKATING SCHOOL: Kathy Bird-loris Skating Instructor $17/hr. as of 9/7/2007. Sara Beth Carbonaro Skating Instructor $17/hr. as of 9/7/2007. Jennifer Cocker Skating Instructor $16/hr. as of 9/7/2007. Amy DiNicola Skating Instructor $17/hr. as of 9/7/2007. Penny Doyle-Duffy Skating Instructor $17/hr. as of 9/7/2007. Martina Dvorak Skating Instructor $17/hr. as of 9/7/2007. Claudine Ferrara Skating Instructor $17/hr. as of 9/7/2007. Catherine Hughes Skating Instructor $16/hr. as of 9/7/2007. Mary Marchiselli Skating Instructor $17/hr. as of 9/7/2007. 16 September 5, 2007 Dianne McCray Skating Instructor $17/hr. as of 9/7/2007. Aimee McGowan Skating Instructor $17/hr. as of 9/7/2007. Sheryl McSherry Skating Instructor $17/hr. as of 9/7/2007. Kami Netri Skating Instructor $17/hr. as of 9/7/2007. Catherine Ryan Skating Instructor $17/hr. as of 9/7/2007. Joanne Schroeder Skating Instructor $16/hr. as of 9/7/2007. SKATING SCHOOL CONTINUED: Amy Schliftman Skating Instructor $16/hr. as of 9/7/2007. Julie Schliftman Skating Instructor $16/hr. as of 9/7/2007. Kristi Tortorella Skating Instructor $17/hr. as of 9/7/2007. Dorothy Vaughn-Johnson Skating Instructor $17/hr. as of 9/7/2007. Christine Vita Skating Instructor $17/hr. as of 9/7/2007. Judith Wolf Skating Instructor $17/hr. as of 9/7/2007. HOMMOCKS POOL: Eamonn Loughman Lifeguard $14/hr.retroactive as of 8/20/2007. Early Morning Swim $30/session retroactive as of 8/20/2007. Mary Woods Lifeguard $14/hr.retroactive as of 8/20/2007. Jamie Valentinetti Lifeguard $10.50/hr. retroactive as of 8/20/2007. Jose Marrero-Pimentel Lifeguard $14/hr. retroactive as of 8/20/2007. Antonio Isaac Lifeguard $14/hr.retroactive as of 8/20/2007. Jake Ward Lifeguard $8.75/hr. retroactive as of 8/20/2007. HOMMOCKS PARK ICE RINK Michael Alberico E.M.T. $12/hr. as of 9/1/2007. Skate Guard $9.50/hr. as of 9/1/2007. Michael Baiocco Skate Guard $10.25/hr. as of 9/1/2007. Daniel Caldarola Skate Guard $9.50/hr. as of 9/1/2007. Frank Commrade Asst. Manager $12.50/hr. as of 9/1/2007. Richard Garner Custodian $14.75/hr. as of 9/1/2007. Catherine Hughes Cashier $13/hr. as of 9/1/2007. HOMMOCKS PARK ICE RINK CONTINUED: Bobby Lunde Asst. Manager $18/hr. as of 9/1/2007. Veronica Martins E.M.T. $11.50/hr. as of 9/1/2007. Alt. Skate Guard $9.50/hr. as of 9/1/2007. Patrick Nadolske Skate Room $9.50/hr. as of 9/1/2007. Jerimiah Riggans Custodian $16.25/hr. as of 9/1/2007. Brian Ritz Asst. Manager $16/hr. as of 9/1/2007. James Schroeder Asst. Manager $15/hr. as of 9/1/2007. Joanne Schroeder Asst. Manager $18/hr. as of 9/1/2007. Danny Smyth Asst. Manager $17/hr. as of 9/1/2007. Nick Tunno Asst. Manager $17/hr. as of 9/1/2007. MEN'S FITNESS/BASKETBALL Bill Reilly Instructor $60/session as of 9/10/2007. Irwin Davidson Instructor $60/session as of 9/10/2007. Pat Romano Instructor $60/session as of 9/10/2007. Bill Byron Instructor $60/session as of 9/10/2007. WOMEN'S FITNESS Sarah Lanza Instructor $50/session as of 9/10/2007. Mary Ann Leibowitz Instructor $45/session as of 9/10/2007. PILATES Francine Aivaz Instructor $60/session as of 9/10/2007. 17 September 5, 2007 AQUA JOG Sarah Lanza Instructor $50/session as of 9/10/2007. VOLLEYBALL Suzanne Elson Instructor $55/session as of 9/10/2007. OPEN GYM Bill Byron Instructor $75/session as of 9/10/2007. John DeMatas Instructor $45/session as of 9/10/2007. Jim Telesco Instructor $40/session as of 9/10/2007. PIZZA BINGO Francine Brill Assistant $12/hr. as of 9/10/2007. Eileen Puleo Assistant $12/hr. as of 9/10/2007. The above resolution was put to a roll call vote: Fishman Absent Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye APPROVAL OF MINUTES August 6, 2007 August 8, 2007 AUGUST 6, 2007 On motion of Councilwoman Seligson, seconded by Councilman Odierna, it was Unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board minutes from the meeting of, August 6, 2007. AUGUST 8, 2007 On motion of Councilwoman Seligson, seconded by Councilman Odierna, it was unanimously RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of August 8, 2007 as amended to include in the work session under Town Bio Fuel Use the following addition on line 7: ... and to replace the Town Center's diesel heating oil with bio diesel fuel. Bio diesel fuel is a clean burning alternative fuel that is biodegradable, non-toxic and essentially free of sulfur and aromatics. Replacing petroleum diesel with bio diesel leads to a substantial reduction of unburned hydrocarbons, carbon monoxide and particulate matter, as well as eliminating sulfur oxides and sulfates. ORAL COMMUNICATIONS George Roniger, Larchmont Garden's Civic Association, asked the Board to comment on what is being done to minimize the erosion along the Brook where the street meets the stream. 18 September 5, 2007 Mr. Altieri responded that stone gutters are being installed. Mr. Roniger asked for an update on the Garden's Lake, and was informed it was still in the hands of the County—the Town is continuing to put pressure on the County. WRITTEN COMMUNICATIONS None SUPERVISOR'S REPORT Supervisor O'Keeffe reminded the residents of the September 11 memorial event, at 5:00 PM at the Girl Scout Rock. She also informed the residents that the County shred mobile would be in the Village of Larchmont this coming weekend. REPORT OF COUNCIL Councilwoman Seligson welcomed everyone back to school, especially her children. She hoped everyone enjoyed the last few weeks of summer as much as she did. Councilwoman Wittner noted that the Senior Center opening at the VFW was a wonderful event. She also noted that the County would be having a Public Open House to show residents the new flood maps produced by FEMA. The Town is glad to have been chosen as one of only three sites for this event. Councilman Odierna attended the SS HOMMOCKS senior event at the Hommocks Pool, It was a terrific party. He attended the Mamaroneck Chamber of Commerce on September 6, and was looking forward to the 100th Anniversary Celebration of the Weaver Street Fire House this weekend. ADJOURNMENT Supervisor O'Keeffe closed the meeting in memory of James T. Naughton, Jr.,a wonderful long time resident who passed away, and William Maker, Sr., father of our Town Attorney William Maker, who also passed away. Supervisor O'Keeffe remembered with pleasure meeting Mr. Maker, Sr. a few years ago. The Town's sympathy goes out to both of these families. On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner the meeting was unanimously adjourned 11:20 PM. Submitted by Christina Battalia, Town Clerk 19