Loading...
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. 1 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. 2 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. 3 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: 4 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: 5 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 6 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 7 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 8 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 9 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: 10 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 11 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