HomeMy WebLinkAbout2007_11_07 Town Board Minutes NOVEMBER 7, 2007
TOWN OF MAMARONECK
TOWN BOARD AGENDA
REVISED
REGULAR MEETING —Wednesday, November 7, 2007 in the Town Center Court Room at
8:15 PM
THE TOWN BOARD WILL CONVENE — at 5:00 PM into a Work Session to discuss Dog
Park & Cable Franchise Information.
7:30 PM EXECUTIVE SESSION to discuss Personnel & Litigation
RECONVENE REGULAR MEETING
CALL TO ATTENTION - Location of Exits
PUBLIC HEARING
1. Cable Franchise Service—Verizon New York Incorporated
2. Installation of Stop Sign — Mardon Road & Cooper Lane
3. Installation of Stop Sign — Forest Avenue & Rockland Avenue
4. Amendment of Local Law# 7-2007 Parking on Daymon Terrace
5. Creation of Handicapped Parking Space— N. Chatsworth Avenue
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Fire Department Business
AFFAIRS OF THE TOWN
1. Appointment— Coastal Zone Management committee
2. Approval of Certiorari
3. Authorization — Sale of Surplus Equipment
4. Salary Authorization — School Crossing Guards
Recreation
5. Set January 2008 Town Board Meeting Dates
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
SUPERVISOR REPORTS
REPORTS OF THE COUNCIL
TOWN CLERKS REPORT
Next regularly scheduled meetings — November 20, 2007 & December 6, 2007
(Thursday)
Any physically handicapped person needing special assistance in order to attend the
meeting should call the Town Administrator's office at 381-7810.
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NOVEMBER 7, 2007
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON NOVEMBER 7, 2007 AT
8:15 PM IN THE COURT ROOM OF THE TOWN, 740 W. BOSTON
POST ROAD, MAMARONECK, NEW YORK
PRESENT:
Supervisor Valerie M. O'Keeffe
Councilwoman Phyllis Wittner
Councilman Ernest C. Odierna
Councilwoman Nancy Seligson
Councilman David J. Fishman
ALSO PRESENT: Christina Battalia, Town Clerk
Stephen V. Altieri, Town Administrator
William Maker, Jr., Town Attorney
Linda Silvestre, Deputy Town Clerk
WORK SESSION
Rachael Goldman — Dog Park
Ms. Goldman presented to the Board results from her recent survey to residents
regarding interest in a Dog Park. Ms. Goldman proposed possible locations. The
Board discussed the pros and cons of such a proposal. The Board agreed to have Mr.
Altieri speak with New Rochelle and White Plains, to get information on their Dog Parks.
The Board asked Ms. Goldman to give the Town a list of Dog Parks, in Westchester for
review.
Cable Franchise Agreement
Jim Millstein, Village of Larchmont Trustee and member of the Cable TV Advisory
Board, addressed the Board. Mr. Millstein gave a summary of the Verizon Cable
Franchise Agreement, as well as a brief overview of the most recent negotiations. The
Board asked Mr. Millstein, to present his overview at the Public Hearing being held this
evening.
Town Board Meetings — Set January Dates
The Board agreed to hold the January 2008 Town Board Meetings on January 2 and
January 23. A formal vote will be held at the Regular Town Board Meeting this evening.
EXECUTIVE SESSION
On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner, the Board
unanimously agreed to enter into Executive Session to discuss employment history
and litigation.
Bio fuel Update
Mr. Altieri notified the Board that the Mack Garbage Truck approved for conversion to
bio fuel will be sent out for conversion on November 10. Mr. Altieri also notified the
Board that he has been advised by mechanics working with conversions that the use
of bio fuels can be very caustic and damaging to engines, most notably the large scale
diesel vehicles with computerized valve systems. Mr. Altieri noted that the Ice Rink
feasibility study will look at `Greener' ice making equipment.
Army Corp of Engineers — Funding
Mr. Altieri explained that through the work of Congresswoman Nita Lowey, a fact
finding report is being generated by the Army Corp of Engineers. Two possible areas
of interest, would be replacing the flood valves at the reservoir and the installation of a
pond at Bonnie Briar.
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NOVEMBER 7, 2007
EXECUTIVE SESSION
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Board
unanimously agreed to enter into Executive Session to discuss the possible sale of real
property.
Fields for Kids
The Board noted that emails were received regarding the potential health hazard of
synthetic turf fields. Supervisor O'Keeffe felt the Board should defer to the expertise of
the County. It was also noted by Councilman Fishman that these are not scientific
studies, and that these claims are being made by policy makers.
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:25 PM, she then pointed out the location of exits.
PUBLIC HEARINGS
6. Cable Franchise Service—Verizon New York Incorporated
7. Installation of Stop Sign — Mardon Road & Cooper Lane
8. Installation of Stop Sign — Forest Avenue & Rockland Avenue
9. Amendment of Local Law# 7-2007 Parking on Daymon Terrace
10. Creation of Handicapped Parking Space— N. Chatsworth Avenue
CABLE FRANCHISE SERVICE —VERIZON NEW YORK INCORPORATED
The following notice of Public Hearing was entered into the record:
TOWN OF MAMARONECK
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the
Town of Mamaroneck on November 7, 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 whether the Town should grant a nonexclusive
franchise to construct, install, maintain, extend and operate a cable system in the Town
("Franchise Agreement") to Verizon New York, Inc. under the terms and conditions
negotiated by the Larch mont/Mamaroneck Cable TV Board of Control and set forth in a
Cable Franchise Agreement.
PLEASE TAKE FURTHER NOTICE that a copy of the Proposed Cable Franchise
Application and Franchise Agreement is on file with 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: October 26, 2007
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the Public
Hearing was unanimously opened.
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NOVEMBER 7, 2007
Supervisor O'Keeffe explained that the Tri-Municipal Cable Board of Control consists of
Leonard Verrastro, Manager of the Village of Mamaroneck as Administrator, Denis
Brucciani, Comptroller of the Town of Mamaroneck as Secretary/Treasurer, as well as
Board Members, Thomas Murphy, Trustee Village of Mamaroneck, James Millstein,
Trustee Village of Larchmont and David J. Fishman, Councilman Town of Mamaroneck.
Mr. Millstein was asked to give an overview of the Verizon Cable Franchise Agreement;
entered into the record as follows:
Verizon Cable Franchise Agreement— Summary of Material Terms
1. Term 15 Years
2. Economics
a. PEG Grant: $1,110,000 of which $200,000 payable within 60 days of the Effective Date
and thereafter$65,000 annually, payable within 30 days of the first through fourteenth
anniversary date of the Effective Date, subject to Cablevision's entry into a new
Franchise Agreement providing for equivalent payments within 120 days of the
Effective Date. If Cablevision (operating under Temp agreement) does not so agree,
then PEG Grant reverts to $200,000 within 30 days of the Effective Date, $95,000 on the
first and second anniversaries of the Effective Date, $55,000 on the third anniversary of
the Effective Date plus $0.75 per subscriber per month for the first 10 years and $1.00
per subscriber per month for the last five years of the Term.
b. Franchise Fees: 5% of annual Gross Revenues, payable quarterly.
3. Build-Out: 77% of Service Area already completed (virtually all single family homes;
MDU's require landlord or managing agent consent as do condominium developments
which consents Verizon is actively pursuing). Required to be at 81% after six months,
84% after 12 months, 87% after 18 months, 90% after 24 months, 92% after 30 months,
94% after 36 months, 95% after 42 months, 97% after 48 months, 99% after 54 months,
100% after 60 months.
4. PEG Channels: Verizon will carry existing 3 channels and if Cablevision offers LMC-
TV a fourth channel, a new fourth channel. (LMC-TV channels will have different
channel numbers than on Cablevision lineup).
5. Free Drops: all existing locations to which Cablevision provides free drops (schools,
municipal buildings, etc.) plus an additional 10 locations among the three municipalities
over the life of the Agreement.
6. PEG Network: Verizon will provide new lines connecting Larchmont Village Hall,
Mamaroneck Village Hall and Rye Neck High School to LMC-TV's PEG Access
Interconnection Site (in Town Center).
7. Waiver of Special Franchise Tax Offset: Verizon has agreed to waive the right of
offset its Franchise Fees against its local property taxes (as otherwise permitted by NY
Real Property Tax Law Section 626), subject to Cablevision's agreement to do the same.
If Cablevision fails to agree, Verizon has agreed not to take an offset in any year greater
than the offset taken by Cablevision. Cablevision has agreed.
8. Reports and Audits: Municipalities have right to inspect books and records upon
reasonable advance notice, Verizon must keep records of written complaints, outages,
service calls for repair and maintenance and of requests for installation or service
extension and Municipalities have the right to audit all records necessary to confirm
accurate payment of Franchise Fees once every three years.
9. Insurance and Indemnification: standard policies and provisions.
10. Enforcement, Verizon given 60 day cure period after notice on monetary defaults;
must maintain bond or other form of security at all time in amount of$60,000 which can
be drawn upon for monetary defaults and liquidated damages. Municipalities may
revoke Franchise if material uncured breach after notice and hearing.
Supervisor O'Keeffe noted that the Cable Board of Control passed a resolution with
respect to Verizon New York, Inc.'s request for a franchise to provide cable service, and
requested that it be entered into the record as follows:
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NOVEMBER 7, 2007
RESOLUTION OF THE LARCHMONT- MAMARONECK
CABLE TV BOARD OF CONTROL
WITH RESPECT TO VERIZON NEW YORK, INC.'s REQUEST
FOR A FRANCHISE TO PROVIDE CABLE SERVICE
WHEREAS, Verizon New York, Inc. ("Verizon") has requested a
franchise to provide cable service in the Village of Larchmont, the
Village of Mamaroneck and the Town of Mamaroneck; and
WHEREAS, during the course of reviewing the request, the Board
received the comments from the public, and commissioned various
studies of past performance and future cable-related needs and
interests of the Municipalities; and
WHEREAS, the Board negotiated with Verizon and have developed a
proposed franchise agreement for the provision of cable service; and
WHEREAS, considering the facts known to it, and the facts and
comments presented regarding the franchise, the Board finds that it is
in the public interest to issue a franchise to Verizon.
NOW THEREFORE, ON MOTION OF DAVID FISHMAN, SECONDED BY
THOMAS MURPHY BE IT RESOLVED AS FOLLOWS:
SECTION 1. The Board adopts the attached recommendation that
Verizon be issued a franchise subject to the terms and conditions of
the franchise agreement attached thereto, and applicable federal,
state and local laws.
SECTION 2. The Board directs that the recommendation and
attached franchise be submitted to the Village of Larchmont, the Town
of Mamaroneck and the Village of Mamaroneck for review and
approval.
AYES: JAMES MILLSTEIN, THOMAS MURPHY,
DAVID FISHMAN
NAYS: NONE
RECOMMENDATION OF THE LARCH MONT-MAMARONECK
CABLE TV BOARD OF CONTROL REGARDING THE GRANT
OF A CABLE TELEVISION FRANCHISE TO VERIZON NEW
YORK, INC.
Purpose
This report sets out the recommendations of the Larchmont-
Mamaroneck Cable TV Board of Control ("Board") regarding Verizon
New York, Inc. ("Verizon")'s request that the Villages of Larchmont
and Mamaroneck and the Town of Mamaroneck ("Municipalities")
grant Verizon a nonexclusive franchise to construct, install, maintain,
extend and operate a cable system in a Franchise Area as designated
in the attached Franchise Agreement between Municipalities and
Verizon. The Franchise Area incorporates the entirety of the three
communities.
Background
The Board and Verizon have negotiated the terms and conditions
under which Verizon would exercise this authority for more than year.
The Board and Verizon have tentatively reached agreement on the
terms and conditions which terms and conditions are set forth in
the Franchise Agreement. Some of the principal terms of that
agreement include:
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NOVEMBER 7, 2007
1. A term of 15 years;
2. Subject to certain conditions and exceptions, Verizon will offer Cable
Service to significant numbers of residential Subscribers in the
Service Area and may make Cable Service available to businesses in
the Service Area, within twelve (12) months; and shall offer Cable
Service-to all residential Subscribers in the Service Area within five (5)
years, of the Effective Date of this Franchise;
3. Verizon will provide, without charge within the Service Area, one
service outlet activated for Basic Service to each public school and
public library, and subject to certain conditions set forth in the
Franchise Agreement certain other buildings used for municipal
purposes;
4. Verizon will provide 3 PEG Channels, with a right to activate a 4th
channel
under certain circumstances:
5. Verizon will provide an initial PEG grant to the Municipalities in the
aggregate total amount of$445.000 payable in four(4) installments
and an additional, per subscriber annual PEG grant of$.50/month/sub
in Sears 2-9 of the Franchise (subject to an increase to $.75 under
certain circumstances) and $1.00/ month/sub in remaining years.'
Equivalent PEG grant obligations must be imposed on all new and renewed providers
of cable service in the Service.
6. A franchise fee of 5% of gross revenues, with an agreement to
waive an offset that would otherwise be permitted under Section
626 of the New York State Real Property Law. This waiver,
however, is subject to certain conditions.
The Franchise Agreement does not contain terms addressing right-
of-way management. The Municipalities should address any right-
of-way management concerns they may have through the adoption
of a separate right-of-way management ordinance.
Findings
The Board finds that the Franchise Agreement largely complies with
the New York Public Service Commission's franchise standards and
the grant of a nonexclusive franchise to Verizon is consistent with the
public interest.
Recommendation
The Board recommends that each of the Municipalities adopt a
Resolution authorizing entry into the Franchise Agreement which
resulted from these negotiations.
Councilman Fishman spoke on behalf of the Cable Board of Control. The Town and
Villages are lucky to have access to wonderful people with backgrounds and
stamina for this project. He is very happy to be bringing this forward for a motion of
approval by the Town Board.
Councilwoman Seligson commented that the Town Board has asked many
questions and feels very comfortable with this agreement. She is happy for the
community.
Thomas Dunne, Vice President of Public Policy and External Affairs, spoke as a
representative of Verizon and as a Town of Mamaroneck resident. He praised the
work done by the Cable Board of Control, with this very sophisticated agreement.
McFall Kerby, Senior Consultant for Telecommunications Insight Group, spoke on
behalf of Verizon. He noted that negotiations were not always easy but very
productive. Bringing competition to the residents of Mamaroneck would have the
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NOVEMBER 7, 2007
benefit of price stabilization, improved customer service as well as greater range of
service with respect to innovation and technology.
Mr. Kerby explained what FiOS service is, and the actual mechanics of receiving the
FiOS service. He explained the approval process with New York State beginning on
December 10, as being the final step after Municipal approval. He noted that cable
has already been provided to 73% of existing Town and Village residents.
Councilman Odierna stated that although Cablevision has been a good provider, he
is looking forward to good competition.
Paul Jamieson, Attorney for Cablevision addressed the Board. The agreement with
Verizon sets the terms for what the Cablevision Contract will be. He thinks it is
useful for the Town Board to hear Cablevisions perspective. The specific areas of
the Verizon Contract he thinks the Town Board should re-review are, the PEG
funding, service availability, service to condominiums and apartment buildings and
enforcement.
Larchmont Trustee Jim Millstein responded to Mr. Jamieson's comments, noting
how highly unusual it is for a competitor to comment on an existing contract before
this Board. Mr. Millstein explained how the Cable Board of Control came to the
terms in Section 5.3.5, of the Verizon Agreement, that Mr. Jamieson has questioned.
He further noted that Mr. Jamieson's understanding of this section is incorrect.
Councilman Odierna commented that negotiations have been going on with
Cablevision, far longer than the nine months of negotiations with Verizon.
Mr. Millstein commented that Cablevision is ready to negotiate, since we now have
an agreement with Verizon.
Councilman Fishman commented on the change in language in this agreement,
adding it is a more streamlined contract in which competition of vendors is
encouraged over municipal policing.
The following persons commented favorably on the proposed Cable Franchise
Agreement with Verizon:
Beverly Brewer-Villa, Area Director for the Greater Mamaroneck Community Action
Program
Deb Perretti, 18 Rockland Ave
Eric Lewis, Director LMC-TV
Jeff Waldhuter, 7 Bruce Road
Greg Pasqua, 10 Bruce Road
The Town Clerk noted that ten letters in support of the Cable Franchise Agreement
with Verizon, have been received by the Town Clerk's Office.
On motion of Councilwoman Wittner, seconded by Councilman Fishmam, the
Public Hearing was unanimously closed.
On advice of Counsel the following motion was made by Councilwoman Wittner,
seconded by Councilman Odierna, and unanimously
RESOLVED, that the Mamaroneck Town Board finds that the
proposed Franchise Agreement with Verizon New York, Inc.
to provide cable service to the Town of Mamaroneck
is hereby declared to be an Unlisted Action under the New
York State Environmental Quality Review Act (SEQRA), and
will have no negative impact to the environment.
On a motion made by Councilman Fishman and seconded by Councilwoman Wittner,
the following resolution was adopted.
WHEREAS, the Town of Mamaroneck (the "Town") is a franchising authority in
accordance with Title VI of the Communications Act of 1934 (the "Communications
Act"), and is authorized to grant one or more cable television franchises pursuant to
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NOVEMBER 7, 2007
Article 11 of the New York State Public Service Law, and Title 16, Chapter VIII, Parts
890.60 through 890.6 through 899, of the Official Compilation of Codes, Rules and
Regulations of the State of New York (the "Cable Laws"), and
WHEREAS, VERIZON NEW YORK INC. ("Verizon") is upgrading its existing
telecommunications and information services network through the installation of what
Verizon refers to as "Fiber to the Premises Telecommunication Network (the "FTTP
Network") within the Town and elsewhere, which existing network transmits Non-Cable
Services (as defined in the Verizon Franchise Agreement) pursuant to the authority
granted by Section 27 of the New York Transportation Corporations Law, and Title II of
the Telecommunications Act, which Non-Cable Services are not subject to the Cable
Law or to Title VI of the Communications Act, and
WHEREAS, the FTTP Network occupies public rights-of-way (as defined in the Verizon
Franchise Agreement) within the Town, and Verizon desires to use portions of the FTTP
Network now or hereinafter installed within the Town to provide cable service (as
defined in the Verizon Franchise Agreement), and
WHEREAS, Verizon has submitted a written application for a cable television
franchise to the Town on October 26, 2007 (the "Verizon Application"), which the Town
has had an opportunity to review, and
WHEREAS, due negotiations between the Town (conducted through the tri-municipal
cable television board of control as the authorized representative of the consortium
comprised of the Town and the Villages of Larchmont and Mamaroneck) and Verizon
have resulted in a proposed agreement entitled "Cable Franchise Agreement between
the Villages of Larchmont and Mamaroneck and the Town of Mamaroneck, New York
and Verizon New York Inc." ("Verizon Franchise Agreement"), and
WHEREAS, on this day November 7, 2007 at a regularly scheduled Town Board
meeting the Town held a public hearing on the Verizon Application and the Verizon
Franchise Agreement at which Verizon made a presentation to the Town Board in favor
of the Verizon Franchise Agreement, including an outline of the cable television
services proposed to be provided to the Town pursuant thereto, and members of the
Town Board and the public were given notice and opportunity to comment on Verizon's
presentations and ask questions to be addressed by Verizon's representatives, and
WHEREAS, the Town has identified the cable-related needs and interests of the
residents of the Town and has exercised due diligence in considering the technical
ability, financial conditions, character and legal qualifications of Verizon to meet such
needs and interests.
NOW THEREFORE, BE IT
RESOLVED, that the Town of Mamaroneck Town Board finds that it approves the
character of Verizon; and
BE IT FURTHER,
RESOLVED, that the Town Board finds that Verizon is legally (pursuant to NY Public
Service Commission Rules and other statutory requirements), technically, and
financially and otherwise qualified to meet the cable-related needs and interests of the
Town and
that Verizon will meet all statutory and regulatory non-discrimination requirements, and
BE IT FURTHER,
RESOLVED, that the Town Board finds, based on the presentation by Verizon, that the
cable service offered by Verizon will include competitive offerings with its existing
competition, and
BE IT FURTHER,
RESOLVED, that the Town Board determines that it serves the public interest to award
Verizon a franchise to own, construct, operate and maintain a cable system along the
public rights-of-way within the Town, in order to provide cable service, and
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NOVEMBER 7, 2007
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the award of a non-exclusive franchise to
Verizon to own, construct, operate and maintain a cable system along the public rights-
of-way within the Town, in order to provide cable service, which authorization is made
in accordance with the applicable provisions of Title VI of the Communications Act and
the Cable Laws, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Mamaroneck authorizes the Supervisor
of the Town to enter into the Verizon Franchise Agreement, and to execute any other
documents necessary to effectuate the granting of the franchise on behalf of the Town
of Mamaroneck.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
INSTALLATION OF STOP SIGN — MARDON ROAD & COOPER LANE
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 November 7, 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 "Stop Signs at
the point where Mardon Road terminates at Cooper Lane" Law
Purpose
The Purpose of this local law is to regulate traffic where Mardon Road terminates at
Cooper Lane.
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: October 26, 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.
Marianne Hoffman, 33 Cooper Lane, spoke in full support . She further added
that she has a severely handicapped daughter who gets picked up and delivered
by bus to their home on Cooper Lane. Cars frequently do not stop for her school
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NOVEMBER 7, 2007
bus and she feels the need to carry her daughter across the street as a safety
precaution.
The Town Board was disturbed to hear of the situation described by Ms.
Hoffman. She was asked to follow up with the Supervisor's office to see what
could be done to prevent this from happening any further.
Abby Katz, 40 Cooper Lane, stated that although she is generally not in favor of
stop signs, she has witnessed cars passing the stopped school bus.
Councilman Odierna stated that enforcement is an integral part of signage.
On motion of Councilman Odierna, seconded by Councilwoman Seligson, the
Public Hearing was unanimously closed.
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 Stop Signs at
the point where Mardon Road terminates at Cooper Lane is
hereby declared to be a Type II action under the New York
State Environmental Quality Review Act (SEQRA).
On motion of Councilman Odierna, seconded by Councilwoman Wittner, the
following Local Law was unanimously adopted:
Local Law No. 11 —2007
This local law shall be known as the "Stop Signs at the point where Mardon Road
terminates at Cooper Lane" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 — Purpose:
The purpose of this local law is to regulate traffic where Mardon Road terminates at
Cooper Lane.
Section 2— Regulation of Traffic on Mardon Road:
Vehicles traveling southeasterly on Mardon Road shall be required to come to a full
stop on Mardon Road at the point where Mardon Road terminates at Cooper Lane.
Section 3—Sign to be Erected:
An appropriate sign or signs shall be erected at the corners formed by the termination
of Mardon Road at Cooper Lane. Such sign or signs shall be erected facing the traffic
traveling southeasterly on Mardon Road.
Section 4—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 5— Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
INSTALLATION OF STOP SIGN — FOREST AVENUE & ROCKLAND AVENUE
The following Notice of Public hearing was entered into the record:
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NOVEMBER 7, 2007
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the
Town of Mamaroneck on November 7, 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 "Stop Signs at
the point where Forest Avenue terminates at Rockland Avenue" Law
Purpose
The Purpose of this Local Law is to regulate traffic where Forest Avenue terminates at
Rockland Avenue.
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: October 26, 2007
On motion of Councilman Fishman, seconded by Councilwoman Seligson, the
Public Hearing was unanimously opened.
Mr. Altieri explained that this stop sign is being recommended by the Traffic Committee
after hearing comments by residents on Forest Avenue and Rockland Avenue.
Margo Tohn, 129 Rockland Ave, was not in favor of installing this stop sign. She feels
there is an excess of stop signs.
The Board discussed the resident notification policies regarding the installation of stop
signs. There was an agreement that better notification was needed to be put in place.
The Board also felt the need to hear from the residents who were in favor of the stop
sign before any resolution could be made. Mr. Altieri would follow up with the Traffic
Committee regarding this recommendation.
On motion of Councilwoman Wittner, seconded by Councilman
Fishmam, the Public Hearing was unanimously
DEFFERED, until the Board can receive information from
the Traffic Committee regarding their minutes pertaining
to this recommendation, as well as the notification to the
residents who requested the stop sign that their presence
at the Public Hearing is requested.
AMENDMENT OF LOCAL LAW# 7-2007, PARKING ON DAYMON TERRACE
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 November 7, 2007 at 8:15 PM or as soon thereafter as is
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NOVEMBER 7, 2007
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 of
Local Law No.7-2007" Law
Purpose
On July 11, 2007, the Town Board enacted Local Law No. 7 of 2007 which, among other
things, restricted parking on Daymon Terrace in order to assure that large vehicles,
such as fire trucks, could traverse Daymon Terrace. After this law became effective, the
Town Board determined that an absolute prohibition on parking on the east side of
Daymon Terrace is unnecessary. Instead the parking restriction need only be limited to
certain times of the day when Murray Avenue School is in session
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: October 26, 2007
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the Public
Hearing was unanimously opened.
Supervisor O'Keeffe asked if anyone wished to speak for or against the proposed law.
Nancy Abrams, 1 Damon Terrace, spoke in favor of amending the Local Law so it
is not in effect during the weekends. During the week she is at work and not as
inconvenienced as she is on the weekends.
The Board discussed at length the issues regarding limiting residents from
parking in front of their own homes. The Board further discussed the safety
issues that brought about this regulation.
While Mr. Maker revised the Local Law, "Amendment of Local Law No.7-2007"
the Board moved to open the Public Hearing on the "Creation of a Handicapped
Parking Space on North Chatsworth Avenue" Law.
CREATION OF HANDICAPPED PARKING SPACE — N. CHATSWORTH AVENUE
On motion of Councilwoman Seligson, seconded by Councilman Odierna, the
Public Hearing was unanimously opened.
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 November 7, 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 "Creation of a
Handicapped Parking Space on North Chatsworth Avenue" Law
12
NOVEMBER 7, 2007
Purpose
The Purpose of this local law is to create a handicapped parking space on North
Chatsworth Avenue
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: October 26, 2007
On motion of Councilwoman Wittner, seconded by Councilman Fishmam, the following
Local law was unanimously adopted:
Local Law No. 13 -2007
This local law shall be known as the "Creation of a Handicapped Parking Space on
North Chatsworth Avenue" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 — Purpose.
The purpose of this local law is to create a handicapped parking space on North
Chatsworth Avenue.
Section 2— Creation of a handicapped parking space on North Chatsworth Avenue
There shall be one (1) handicapped parking space on the north side of North
Chatsworth Avenue. This space shall be located between the properties known by the
postal addresses of 14 North Chatsworth Avenue and 16 North Chatsworth Avenue and
shall be immediately adjacent to the existing no parking zone on the north side of North
Chatsworth Avenue.
Section 3—Signs to be erected and painting to be done
An appropriate sign or signs shall be erected on the north side of North Chatsworth
Avenue indicating the location of the handicapped parking space. If deemed
appropriate by the Superintendent of Highways, the handicapped parking space also
may be painted to indicate the area restricted to handicapped parking.
Section 4—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 5— Effective Date
This Local Law shall become effective on the date that it is filed in the office of the
Secretary of State.
THE BOARD RETURNED TO THE PUBLIC HEARING AMENDMENT OF LOCAL LAW# 7-
2007, PARKING ON DAYMON TERRACE.
13
NOVEMBER 7, 2007
On motion of Councilman Odierna, seconded by Councilman Fishman, the Public
hearing was unanimously closed.
On motion of Councilman Fishman, seconded by Councilwoman Wittner, the
following Local Law was adopted.
Local Law No. 12 -2007
This local law shall be known as the "Amendment of Local Law No. 7-2007" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 — Purpose.
On July 11, 2007, the Town Board enacted Local Law No. 7 of 2007 which, among other
things, restricted parking on Daymon Terrace in order to assure that large vehicles,
such as fire trucks, could traverse Daymon Terrace. After this law became effective, the
Town Board determined that an absolute prohibition on parking on the east side of
Daymon Terrace is unnecessary. Instead the parking restriction need only be limited to
weekdays.
Section 2 -Amendment of a Local Law
Local Law No. 7-2007 hereby is amended by repealing Section 4 thereof and
substituting the following in its place:
"Section 4- Regulation of parking on a section of Daymon Terrace
No vehicle shall be parked on the section of the east side of Daymon
Terrace that lies between the point where Daymon Terrace terminates at
Colonial Avenue and the point where Senate Place terminates at Daymon
Terrace on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of
each week."
Section 3—Signs to be Erected
An appropriate sign or signs shall be erected on the east side of Daymon Terrace.
Section 4—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 5— Effective Date
This Local Law shall become effective on the date that it is filed in the office of the
Secretary of State.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe, and on motion of
Commissioner Seligson, 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
14
NOVEMBER 7, 2007
1. FIRE CLAIMS
Commissioner Seligson presented fire claims for authorization of payment, thereafter
on Commissioner Seligson's 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. Inc. $ 319.48
AAA Emergency Supply Co. Inc. $ 210.00
AAA Emergency Supply Co. Inc. $ 192.00
AAA Emergency Supply Co. Inc. $ 169.95
AAA Emergency Supply Co. Inc. $ 129.40
AAA Emergency Supply Co. Inc. $ 96.00
AAA Emergency Supply Co. Inc. $ 90.00
AAA Emergency Supply Co. Inc. $ 14.90
Brewer's $ 1.89
Cablevision $ 78.69
Con Ed $ 237.32
Fire-End & Croker Corp. $ 927.30
Fire-End & Croker Corp. $ 608.00
Flower Barn $ 160.00
G & K $ 203.92
General Sales Administration $ 47.70
IKON $ 212.13
Inter-State Diagnostics $ 10,261.50
Medtrocom Wireless $ 337.00
Monarch Electric Company $ 7.44
New Rochelle Rest. Supply $ 469.45
Nextel $ 179.09
Performance Parts Express $ 110.88
Poland Springs $ 48.88
Proftech $ 282.86
Redwood Nursery $ 650.00
Sleepy's $ 999.98
Tony's Nursery Inc. $ 444.26
Town of Mamaroneck Fire Dept. $ 5,292.39
Town of Mamaroneck P.F.F.A. $ 330.12
United Water $ 286.92
Verizon $ 375.07
W.J.W.W. $ 100.00
Total: $ 23,874.52
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
Commissioner Wittner read a letter from Superintendent Dr. Paul Fried, in which he
thanked the Town of Mamaroneck Fire Department for their swift action in responding
to a fire at the Central School on October 9th.
Commissioner Wittner read from Chief Peloso's report of Service Awards and are
entered into the record as follows:
15
NOVEMBER 7, 2007
SEE ATTACHMENT A
Commissioner Wittner noted that there has been no change to the mutual aid
arrangement, and that the Department is fully equipped.
There being no further business to come before the Commission, on motion of
Commissioner Wittner, seconded by Commissioner Seligson, the Commission
unanimously adjourned.
AFFAIRS OF THE TOWN
1. Appointment— Coastal Zone Management Committee
Councilman Odierna asked the Board to defer this appointment. He would like the
Board in the future to meet with individuals being recommended for Boards and
Committees prior to their appointments. The Board agreed to ask Mr. Teisch, to come
before the Board during their all day Budget Session on November 9th .
2. Approval of Certiorari
Mr. Maker explained the proposed Certiorari.
Councilwoman Wittner noted that as discussed in Work Session, the Board would like
to see a report on the total amounts given back in Certiorari. She would like to see
revaluation as a new year's resolution.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
RESOLVED, that the Town Board does hereby
approve the following Settlement of Certiorari as
recommended by the Town Attorney:
Austin International Reality
1289 Boston Post Road
Mamaroneck, NY 10543
Block: 412 Lot: 489
Town of Mamaroneck
YEAR CURRENT ASSESMENT REDUCED ASSESMENT
2000 $66,400 $54,400
2001 $66,400 $54,400
2002 $66,400 $54,400
2003 $66,400 $54,400
2004 $66,400 $54,400
2005 $70,000 $62,000
2006 $70,000 $62,000
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
16
NOVEMBER 7, 2007
On motion of Councilman Odierna, seconded by Councilman Fishman, it was
RESOLVED, that the Town Board does hereby
approve the following Settlement of Certiorari as
recommended by the Town Attorney:
Herbert Ponsch Trustee
659-667 West Boston Post Road
Mamaroneck, NY 10543
Block: 820 Lot: 447
Town of Mamaroneck
YEAR CURRENT ASSESMENT REDUCED ASSESMENT
2004 $33,000 $18,200
2005 $33,000 $17,750
2006 $33,000 $17,000
2007 $33,000 $16,200
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
3. Authorization — Sale of Surplus Equipment
On motion of Councilwoman Wittner, seconded by Councilman
Fishmam, it was
RESOLVED, that the Town Board of the Town of Mamaroneck
does hereby declare the following vehicles as surplus and
authorizes the Town Administrator to facilitate the sale
through the online auction service of Auction International.
TOWN OF MAMARONECK
VEHICLE AUCTION LIST
2007
SEE ATTACHMENT B
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
4. Salary Authorization — School Crossing Guards
Recreation
17
NOVEMBER 7, 2007
SCHOOL CROSSING GUARDS
On motion of Councilwoman Wittner, seconded by Councilman Fishmam, it was
RESOLVED, that the Mamaroneck Town Board does hereby
authorize the increase of the Town school crossing guard per
diem rate from $69.00 per day to $71.00 per day retroactive to
January 1, 2007.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
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:
HOMMOCKS PARK ICE RINK
Frank Commrade, Skate Guard, $11/hr., as of 9/30/2007.
HOMMOCKS POOL
Robert Miceli, Manager, $16.50/hr., as of 11/2/2007.
Briana Cianciulli, Swim Instructor $12.00/hr., as of 11/02/2007.
HOCKEY
Mike Chiapparelli, Director, $4,100/season, as of 11/30/2007.
Head Coach, $ 17.00/hr., as of 11/30/2007.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
11. Set Town Board Meeting - January 2008
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby
approve setting the January 2008 Town Board Meeting
dates for Wednesday January 2, and Wednesday January
23.
SUPERVISOR'S REPORT
Supervisor O'Keeffe congratulated all those who won their elections yesterday.
18
NOVEMBER 7, 2007
REPORT OF COUNCIL
Councilman Odierna reminded residents to attend one of the many Veteran's Day
ceremonies. Residents were encouraged to call the Supervisor's office for details.
Councilwoman Wittner reported that a very successful meeting took place with the
Village of Larchmont with respect to the Pine Brook flooding situation. The Village
heard a great deal of information from the Premium side of the River. This information
will be helpful with further research, adding the engineers will look at alternatives for
mitigation.
Councilwoman Seligson noted the wonderful Oktoberfest held by the Senior Center
which the Board attended.
Councilman Odierna reminded residents of the upcoming all day Budget Session on
November 9, at the Sheldrake Environmental Center on Weaver Street.
ADJOURNMENT
On motion of Councilwoman Wittner, seconded by Councilman Fishman, the meeting
was unanimously adjourned at 11:20 PM.
Submitted by
Christina Battalia, Town Clerk
19
TN" rim! rano .
..
TOWN OF MAMARONECK FIRE DEPARTMENT
SERVICE AWARD STANDINGS
I January 1,to September 30,2007
CATEGORY 1-TRAINING- 25 POINTS MAX. CATEGORY 5-MEETINGS 20 POINTS MAX.
CATEGORY 2-DRILLS- 20 POINTS MAX. CATEGORY 6-DEPT.RESPONSES 25 POINTS MAX
CATEGORY 3-SLEEPIN/STDBY 20 POINTS MAX. CATEGORY 7-MISC.ACTIVITIES 10 POINTS MAX.
CATEGORY 4-ELECTED/APPT. 25 POINTS MAX. CATEGORY 6-ACTIVE MIUTARY 50 POINTS MAX
CATEGORY 9-LINE OF DUTY DISAB. 5 POINTS PER MONTH
a
NAME CAT.1 CAT.2 CAT.3 CAT.4 CAT.6 CATEGORY 6 CAT.7 CAT.8 CAT.9 ACCUM
TRAINING DRILLS STDBY ELECT MEETINGS 1st QTR. 2nd QTR. 3RD QTR. 4TH QTR. YEARLY YEARLY MISC. MILITARY DISAB- POINTS
Michael J.Acocella 25 4 25 4 30 39 65 134 25 2 85 _
Michael Alberico 8 6 18 14 3 _ 35 14
Bob Blaufarb 3 15 4 13 9 26 48 22 •
Robert Brown 6 20 6 26 11_ 6 43 4 36
a Douglas Burrell 5 15 6 21 47 35 103 25 3 54
H Michael Cassidy 15 4 15 6 49 53 28 130 25 2 67
9. Frank Coffl 10 9 25 7 30 50 23 103 25 4 80
c) Brenden Collins 10 8 25 5 50 62 50 162 25 2 75
David Commander 16 8 25 8 77 97 91 265 25 3 85
Z
H David Cremins 8 15 7 18 35 16 69 25 2 57
Andres deLasa 15 6 5 7 18 19 28 65 25 1 59
9 Desiree Gisbert 3 10 7 36 25 16 77 25 2 47
Noah Goldberg 20 4 25 6 64 62 46 172 25 4 84
Ted Hecht 4 25 4 6 2 4 12 1 34 ,
-Shaun Hughes 25 8 20 7 101 84 67 252 25 3 88
Michael Liverzani 4 20 2 47 47 34 128 25 2 53
Adam Maisel 2 5 5 34 14 22 70 25 1 38
David Maisel 6 25 8 80_ 87 67 234 25 3 67
William Marcon 6 5 8 44 43 95 25 2 38 •
Sean McCarthy 25 7 25 9 102 129 80 311 25 5 96
Joseph Mirabella 10 6 20 7 84 91 88 263 25 3 71
Joseph Mitchell 4 5 9 17 26 21 64 25 1 44
Jeffrey Nabi 2 10 7 45 8 5 58 25 1 45
Grant Nishanian 4 6 22 22 28 70 25 3 38
Larry Oberman 10 8 8 24 33 49 106 25 2 53
Joseph Paprota 7 10 4 33 25 16 74 25 1 47
Matthew Peloso 7 25 8 64 87 57 208 25 3 68
Joseph Russo 9 25 9 133 159 138 430 25 4 72
Louis Santoro 8 25 6 16 14 7 37 3 42 .
Fred Schoppmann 9 5 8 30 29 25 84 25 2 49
Robert Thaulle 9 10 9 12 14 16 42 1 29
Christopher Tortorella 3 5 7 22 25 41 88 25 1 41
Dennis Tortorella 7 25 5 47 53 71 171 25 2 64
Alan Wilson 10 5 _ 25 7 22, 24 19 65 25_ 2 74
rim rang rim,
TOWN OF MAMARONECK
VEHICLE AUCTION LIST
2007
Fleet# Year Make Model Plate# Vehicle ID# Fuel Gross Purchase Purchase Department
Wgt. Date Price
Asst building
6 1996 Chevy Lumina K57955 2G1WL52M8T9290540 , G 4463 5/21/96 $14,933 Inspector
H
10 2006 Ford Crown Vic MARKED 2FAHP71W96X134578 G 3997 04/18/06 $20,561 Police 3
H
n 12 2003 Ford Crown Vic , MARKED 2FAHP71W23X213828 G 4026 07/08/03 $21,107 Police 19
tri 24 2001 Ford Crown Vic MARKED 2FAFP71W51X188492 G 3858 07/24/01 $21,269 Police 21
H
84 2003 Ford Crown Vic MARKED 2FAFP71WX3X112723 G 4026 06/06/02 $21,197 Police
97 1995 Chevy Lumina K57964 2G1WL52M759177970 G 3270 11/94 $14,123 Pool
110 1992 GMC Packer L32890 4V2JC8ME5NR817221 D 62400 8/17/92 $82,000 Sanitation
Hi-Way Spreader FROM FLEET 215