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HomeMy WebLinkAbout2007_10_25 Town Board Minutes October 25, 2007 TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING — Thursday, October 25, 2007 in the Town Center Court Room at 8:15 PM THE TOWN BOARD WILL CONVENE — at 5:00 PM into a Budget Work Session to discuss Overview of the Tentative Budget, Rachel Goldman — Re: Dog Park, Participation in 2010 Census, Letter from Andra Fertig, Habitat for Humanity 7:15 PM EXECUTIVE SESSION to discuss Personnel, Lease Agreement & Certiorari. RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PRESENTATION Lee Bloom — United Nations Week Bob Meglio— Fields for Kids BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN 1. Authorization —Amended Lease Agreement—Veterans of Foreign Wars 2. Authorization — Easement Agreement— Elmcroft Estates Subdivision 3. Change of Date—Town Board Meeting from November 21 to November 20 4. Change of Time — November 20, Budget Review of Revenues from 6:00 PM to 4:00 PM 5. Change of Date— Public Hearing -Zoning Law from November 21 to November 20 6. Salary Authorization — Recreation Town Clerk Court Clerk 7. Larchmont Library— Update on Capital Improvements 8. Certiorari APPROVAL OF MINUTES September 5, 2007 Special Meeting September 7, 2007 Special Meeting October 3, 2007 Regular Meeting ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL TOWN CLERKS REPORT 1 October 25, 2007 Next regularly scheduled meetings — November 7, 2007 &, November 21, 2007 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON OCTOBER 25, 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 David J. Fishman ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Cindy Atiencia, Deputy Town Clerk PUBLIC WORK SESSION — OVERVIEW OF TENTATIVE BUDGET 2008 The Town Board discussed and reviewed the Tentative Budget for 2008. Present from the public was Brian Lobel. WORK SESSION Veggie Garbage Truck Mr. Altieri explained that the Town has been exploring the use of vegetable oil as a fuel alternative in one of the Town's garbage trucks. A proposal has been received from VO Tech Fuel Systems of Mahopac, New York, to convert a 2002 Mack Garbage Truck to a vegetable oil fuel system vehicle. The Board discussed the cost and the logistics of the conversion. The Board agreed to move forward with the conversion of the 2002 Mack Garbage Truck. The Board agreed to ask the County for use of their 'showcase' vegetable mini bus to demonstrate this technology to Town residents. Census 2010— LUCA Participation The Town Clerk explained that the Local Update of Census Addresses (LUCA) Program in preparation for the 2010 Census has begun. Municipalities are being asked to review the program and determine their level of participation. The Board reviewed the various options and determined that Level III would be most appropriate. LMC-TV Proposal —Wedding Videos 2 October 25, 2007 Eric Lewis, Director LMC-TV, has proposed to the Town Board that LMC-TV video weddings performed at the Town Center. LMC-TV would charge a fee for this service. Additionally, LMC-TV could create a broadcast of `Mamaroneck Weddings'. The Board agreed that the logistics of this proposal would be too cumbersome on the Town Clerk's Office. Freedom of Information Request (FOIL) — Brian Lobel The Town Clerk explained that she has received a FOIL request from Mr. Lobel to receive requested information electronically. Since Mr. Lobel was present, he was asked to address the Board. Mr. Lobel explained that he believes by the Town not fulfilling his FOIL request electronically, as requested, the Town is not cooperating with the full intent of the Law. He further emphasized that the cost of upgrading the Town's scanning devices would be more cost effective than creating multiple paper copies of multiple requests for the same information. Mr. Maker stated that his understanding of the Open Meetings Law is such, that a Municipality is not required to format information differently than it already exists. Supervisor O'Keeffe stated that the Town would poll other municipalities to ascertain how they were handling such requests. She further asked Mr. Maker to review cases that speak with regard to this specific point. The Board discussed the possibility of putting Town Board Minutes onto the Town Web-site. Letter from Ms. Andra Fertig Supervisor O'Keeffe stated that residents of Colonial Avenue, have joined together to discuss their concerns regarding the new home being constructed on Colonial Avenue. The Board reviewed a letter from Supervisor O'Keeffe to Ms. Fertig, and also to the residents of Colonial Avenue. The letter addressed the Town's enactment of the Floor Area Ratio Law, and stated to Ms. Fertig that the Supervisor would ask the Town Board to consider the concept of prohibiting any additions or new construction that exceeds the average square footage of houses on a given block. Supervisor O'Keeffe asked the Board to consider reviewing the existing law. Easements — Elmcroft Estates Subdivision Mr. Maker reviewed for the Board the process involved in preparing the Easement Agreements for consideration by the Board this evening. Verizon — Public Hearing Notice The Board was informed that a revised notice of Public Hearing was issued, stating an application from Verizon was received and available for review at the Town Clerk's Office. EXECUTIVE SESSION 3 October 25, 2007 On motion of Councilwoman Wittner, seconded by Councilwoman Seligson the Board unanimously agreed to enter into Executive Session to discuss employment history, a lease of real property and certiorari. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:20 PM, she then pointed out the location of exits. PRESENTATION — United Nations Week The Town Clerk read the following proclamation celebrating United Nations Week. PROCLAMATION - UNITED NATIONS WEEK WHEREAS, The United Nations was founded in 1945, and the anniversary of its founding is observed each year on October 24; and WHEREAS, The central role of the United Nations is to promote peace and security, development and human rights around the world and is vital now more than ever; and WHEREAS, In September of 2000, 189 countries including the United States agreed upon 8 Millennium Development goals to meet the needs of the world's poorest; and WHEREAS, The sixth Millennium Development Goal seeks to halt and begin to reverse the spread of HIV/AIDS and halt and begin to reduce the incidence of malaria and other major diseases by 2015; and WHEREAS, Together HIV/AIDS, malaria, tuberculosis and other major diseases kill nearly 25 million people a year and disable millions more to the detriment of social, economic and political structures; and WHEREAS, The United States has been a leader in the global fight to prevent and treat these afflictions and has demonstrated its commitment to global health by being the largest contributor to the Global Fund to fight AIDS, tuberculosis and malaria; and WHEREAS, The United States must continue to work with the United Nations and UN agencies in order to provide a coordinated, multilateral effort in both assessing the current problems of the spread of HIV/AIDS and the high incidence of malaria, tuberculosis and other major diseases and determine the strategies and mechanisms best suited to reduce the number of people living with HIV and who contract malaria and tuberculosis each year; and WHEREAS, The United Nations Association of the United States of America (UNA- USA), in cooperation with other organizations, has declared "Combating HIV/AIDS, malaria, and other diseases" as its theme for the 2007 United Nations Week commemorations; and 4 October 25, 2007 WHEREAS, The citizens of the Town of Mamaroneck should be aware of this urgent goal. NOW, THEREFORE, BE IT RESOLVED, that I, Valerie Moore O'Keeffe, Supervisor of the Town of Mamaroneck, and the Town Board members, hereby officially proclaim the week from October 21 through October 28, 2007 as UNITED NATIONS WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 25th day of October 2007. PRESENTATION - Bob Meglio— Fields for Kids Mr. Meglio thanked the Town Board for attending the recent roundtable discussion regarding fields. The Town's participation has been instrumental in establishing the `first blade of grass' at Flint Park. Fields for Kids, promises to continue to work hard to benefit the community and looks forward to continuing to work with the Town on this common goal. Supervisor O'Keeffe thanked Mr. Meglio, adding that much has been accomplished this year. We are very proud of the work Fields for Kids has done. The Town looks forward to the next step. Councilman Odierna thanked County Legislator Judy Myers for her hard work with the Legacy Grant as well as Assemblyman George Latimer. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe, on motion of Commissioner Odierna, seconded by Commissioner Wittner, the Board of Fire Commissioners was unanimously declared open. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner: David J. Fishman 1. FIRE CLAIMS Commissioner Odierna presented fire claims for authorization of payment, thereafter on motion of Commissioner Odierna, seconded by Commissioner Seligson, it was RESOLVED that this Commission hereby authorizes payment of the following Fire Department claims as 5 October 25, 2007 approved by the Fire Chief and audited by the Comptroller's Office: AAA Emergency Supply Co. Inc. $ 577.56 AAA Emergency Supply Co. Inc. $ 285.00 Avaya $ 51.89 Brewer's $ 144.00 Cleaning Systems $ 183.01 Cleaning Systems $ 79.99 DTM Parts Supply $ 147.72 Lt. Darrell Pistone $ 22.00 Fire-End & Croker Corp. $ 352.00 Giacomo Service Center $ 200.00 Medtronic $ 221.32 New Rochelle Rest. Supply $ 858.75 Noco Energy Corp. $ 100.00 R & F Trophies $ 500.65 Redwood Nursery $ 12.00 Technical Electronics $ 1,156.00 Verizon Wireless $ 12.56 Westchester Elevator $ 196.35 Winzer Corporation $ 50.00 W.J.W.W. $ 113.08 Total: $ 5,263.88 Purchase Orders: 911 Wear $ 2,530.00 Atlantic Westchester Inc. $ 2,100.00 Metrocom $ 1,716.78 Sam Gioseffi $ 4,500.00 Total: $ 10,846.78 Purchase Orders-Grant Items: AAA Emergency Supply Co. Inc. $ 6,840.00 AAA Emergency Supply Co. Inc. $ 3,497.50 AAA Emergency Supply Co. Inc. $ 1,782.00 AAA Emergency Supply Co. Inc. $ 1,572.75 High-Tech Fire & Safety Inc. $ 59,300.82 6 October 25, 2007 High-Tech Fire & Safety Inc. $ 4,862.22 Total: $ 71,015.29 Grand Total: $ 87,125.95 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. Other Fire Department Business Mr. Altieri reminded residents that the Fire Department will be offsetting the expenditures for the turn out gear with $93,000 in Federal Grant monies. Councilwoman Seligson asked Mr. Altieri to speak about the tree that fell on Tuesday. Mr. Altieri explained that on Tuesday, October 23, at 3:OOPM, a tree fell on private property near Fenimore Road and Fenbrook Drive. It took down a large power line which ignited brush along the street. Two to three hundred residents were without power. Fire, Police and Con Edison responded immediately. By Tuesday evening, all power was restored. The new emergency notification system was used to notify residents in the immediate area. Forty three percent of households had no answer. A letter is being issued to encourage residents to go on the Town web site and add additional phone contact numbers, specifically cell phone numbers. There being no further business to come before the Commission, on motion of Commissioner Odierna, seconded by Commissioner Seligson, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Authorization —Amended Lease Agreement—Veterans of Foreign Wars On motion of Councilwoman Wittner, seconded by Councilman Fishmam, the following was approved. WHEREAS, in July of this year the Town Board authorized a lease agreement with the Veterans of Foreign Wars (VFW) Post#1156 for the use of their facility for the Senior Center, and WHEREAS, that lease agreement was not signed at the time due to discussions between the Town and the VFW to amend some of the terms of the lease, and 7 October 25, 2007 WHEREAS, the revised lease agreement provides far more flexibility for programming for the Senior Center. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the lease agreement between the Town of Mamaroneck and the Veterans of Foreign Wars Post#1156 for use of their facility, 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 Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. Authorization — Easement Agreement— Elmcroft Estates Subdivision Mr. Maker explained that the Elmcroft Estates subdivision abuts the Winged Foot Golf Club. The Town Board has gone through a laborious process with the Town Planning Board as well as with the Westchester County Department of Health. It is the recommendation of Mr. Maker that the Town approve these easements. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Mamaroneck Town Board does hereby approve, 15 Foot Wide Utility Easement No. 1 between Deer Hollow Estates, LLC, having an address at 445 North State Road, Briarcliff Manor, NY, and the Town of Mamaroneck, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby approve, 15 Foot Wide Utility Easement No. 2, between Deer Hollow Estates, LLC, having an address at 445 North State Road, Briarcliff Manor, NY, and the Town of Mamaroneck, and 8 October 25, 2007 BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby approve,15 Foot Wide Utility Easement No. 3, between Winged Foot Holding Corporation, a New York Corporation having its principal place of business at Fenimore Road, Mamaroneck, NY, Deer Hollow Estates, LLC, having an address at 445 North State Road, Briarcliff Manor, NY, and the Town of Mamaroneck, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby approve, 15 Foot Wide Utility Easement No. 4, between Deer Hollow Estates, LLC, having an address at 445 North State Road, Briarcliff Manor, NY, and the Town of Mamaroneck, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby approve, Landscape Easement No. 5- Center of Cul-de-Sac between Elmcroft Homeowners Association, Inc. , having an address at 445 North State Road, Briarcliff Manor, NY, and the Town of Mamaroneck, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby approve, 15 Foot Wide Drainage Easement No. 6 between Winged Foot Holding Corporation, having its principal place of business at Fenimore Road, Mamaroneck, NY, Deer Hollow Estates, LLC, having an address at 445 North State Road, Briarcliff Manor, NY, and the Town of Mamaroneck, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby approve, Drainage Easement No. 9, between Elmcroft Homeowners Association, Inc. , having an address at 445 North State Road, Briarcliff Manor, NY, and the Town of Mamaroneck, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said Easements on behalf of the Town. 9 October 25, 2007 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 3. Change of Date—Town Board Meeting On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve changing the scheduled Town Board meeting from November 21, 2007 to November 20, 2007 at 8:15 in the Town Center Court Room. 4. Change of Time — November 20, Budget Review of Revenues On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve changing the scheduled November 20, 2007 Budget Review of Revenues from 6:00 PM to 4:00 PM in Conference A Room of the Town Center. 5. Change of Date— Public Hearing -Zoning Law On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve changing the scheduled Public Hearing date for the "Making the Defense of Non-Conformity an Affirmative Defense" Law from November 21, 2007 to November 20, 2007 at 8:15 in the Town Center Court Room. 6. Salary Authorization — Recreation Town Clerk Court Clerk 10 October 25, 2007 RECREATION On motion of Councilwoman Seligson, seconded by Councilman Fishman, 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: Katelyn Burke, Lifeguard, Hommocks Pool, $8.25/hour, effective retroactive to 10/10/07. Evelin Karlsson, Swim Instructor, Hommocks Pool, $13/hour, effective 10/1 3/07. Greg McCoy, Lifeguard, Hommocks Pool, $7.75/hour, effective retroactive to 10/10/07. Lindsay Naughton, Swim Instructor, Hommocks Pool, $17.50/hour, effective 10/13/07. Caroline Spader, Swim Instructor, Hommocks Pool, $17.50/hour, effective 10/13/07. Amanda Biddle, Swim Coach, $30/hour, effective 10/15/07. Mia Bruschi, Swim Coach, $25/hour, effective 10/15/07. Richard Garner, Alternate Manager, Hommocks Park Ice Rink, $14.75/hour, effective retroactive to 10/9/07. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye TOWN CLERK Deferred COURT CLERK On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the appointment of Gloria Vespe as a Administrative Intern with the Town Court effective November 1, 2007 for the period November 1, 2007 through November 1, 2008 at an annual salary of$34,275. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye 11 October 25, 2007 O'Keeffe Aye 7. Larchmont Library— Update on Capital Improvements Supervisor O'Keeffe, explained that in addition to the renovation of the Children's Room, other capital improvements need to be addressed. Mrs. Curnin, Chair of the Library Board addressed the Board at its previous work session and discussed the scope of the work that needs to be done as well as the plans for securing private donations. The estimate for these additional items, not within the scope of the fundraising that the Library has agreed to undertake, is just over one million dollars. The Town's portion, predicated on the cardholder numbers as indicated in the Inter- Municipal Agreement (IMA) between the Town of Mamaroneck and the Village of Larchmont, would be approximately $600,000. The Board felt disposed to accommodate the Library's request but could not formally vote until after more budget deliberations. 8. Approval of Certiorari The Board briefly discussed the current issues with regard to Revaluation and assessments. The Board agreed that this issue needs to be further addressed. On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: The Regatta 123 Mamaroneck Avenue Mamaroneck, NY 10543 Block: 912 Lots: 18.1 through 18.115 Town of Mamaroneck YEAR CURRENT ASSESMENT REDUCED ASSESMENT 2004 $509,500 $422,742 2005 $509,500 $405,929 2006 $509,500 $383,042 2007 $509,500 $360,140 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye 12 October 25, 2007 Wittner Aye O'Keeffe Aye APPROVAL OF MINUTES September 5, 2007 Special Meeting September 7, 2007 Special Meeting October 3, 2007 Regular Meeting SEPTEMBER 5, 2007 SPECIAL MEETING On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the minutes of the Special Meeting of, September 5, 2007. The above resolution was put to a roll call vote: Fishman Abstain Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye SEPTEMBER 7, 2007 SPECIAL MEETING On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the minutes of the Special Meeting of, September 7, 2007. The above resolution was put to a roll call vote: Fishman Abstain Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye OCTOBER 3, 2007 REGULAR MEETING On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was unanimously 13 October 25, 2007 RESOLVED, that the Mamaroneck Town Board does hereby approve the Board minutes from the meeting of October 3, 2007 as amended. ORAL COMMUNICATIONS Abby Katz, Larchmont Gardens' Civic Association, stated that everyone was pleased with the paving project. She asked the Board to comment on the intersection at Myrtle and No. Chatsworth, as this seems to be of concern to many residents. Supervisor O'Keeffe stated that since the original traffic engineer's plan was proposed for the intersection, it now appears that there is more traffic at this intersection. The intention of the intersection modifications was to make pedestrian crossing safer, adding, that if you make it pedestrian friendly, it will not be driver friendly. During repairs by Con Edison, damage was done to the loop which regulates the lights. Additionally, it was discovered that a loop malfunction was also occurring at the intersection of Palmer Avenue and No. Chatsworth Avenue, in the Village of Larchmont. There is an effort being made to coordinate these two intersections more effectively. Ms. Freeman asked for an update on the stairwell at the train station parking lot as well as the Gardens' Lake project. Mr. Altieri answered that the engineering work is being done for the stairwell, and the County has still not hired an engineer for the Gardens' Lake project. REPORT OF COUNCIL Councilwoman Seligson attended the Ground Breaking Ceremony for the new turf field at Flint Park. County Executive Andrew Spano attended as well as County Legislator Judy Myers, who has been so instrumental in making this project happen. A large roundtable discussion was held with Fields for Kids; this was a follow up from last March. She attended the Westchester County Global Warming taskforce on October 10; a report is due in January 2008. She made note of the wonderful Annual Inspection Dinner for the Fire Department. She noted that the Long Island Sound Congressional Caucus held hearings in Long Island and Connecticut—they are talking to the public as to how their management plan is moving forward. Councilman Fishman noted that three local little league teams will be playing for fall championships in Mahopac this weekend. This is a testament to the talent pool in our community. Councilman Odierna noted he and Councilwoman Wittner attended the Sara Newman Dinner on October 18. He also attended the Human Rights Commission meeting on October 15, and the Recreation Commission meeting on October 9. 14 October 25, 2007 Councilwoman Wittner was part of a panel at a conference on shared municipal services. Her panel spoke of the hope for a regional storm water district. She also noted the wonderful Fire Department Annual Inspection Dinner. SUPERVISOR'S REPORT She recently met with residents of Bonnie Way. The engineer, Dolf Rotfled, has proposed some ideas for diverting the creek into the Sheldrake River, farther down stream. The Town is following up on these recommendations. Last evening she attended the Westchester Holocaust Dinner, at which they honored the Lowenstein Family for all their work with Westchester County. She also attended the Women of Spirit Luncheon. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilman Odierna the regular meeting was unanimously adjourned at 9:50 PM, into Executive Session to discuss the potential sale of land. EXECUTIVE SESSION Potential Sale of land Submitted by Christina Battalia, Town Clerk 15