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HomeMy WebLinkAbout2008_01_23 Town Board Minutes January 23, 2008 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JANUARY 23, 2008 AT 8:15 PM IN THE COURT ROOM OF THE TOWN, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilman Ernest C. Odierna Councilwoman Nancy Seligson Councilman David J. Fishman ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Cindy Atiencia, Deputy Town Clerk WORK SESSION Brian Lobel, Resident, was in attendance Commuter Parking Permits — Correspondence from Mr. Raved Mrs. Raved, 20 Stoneyside Drive, addressed the Board with concerns regarding the inability in obtaining a parking permit, as well as concerns about how permits are issued; specifically why a waiting list is not maintained. Mrs. Raved explained that she recently went to the Town and Village of Larchmont seeking a permit and was told none were available. Supervisor O'Keefe explained to Mrs. Raved, the Town and Village are two separate municipalities with separate parking lots, each runs on different annual renewal cycles as well as having different ways of permitting. Having made that clarification, Supervisor O'Keeffe asked the Town Clerk to explain the Town's policy and procedure for issuing parking permits. The Board reiterated to Mrs. Raved that they understand there is a lack of parking spaces overall, but the method for issuing permits is an effective one. The Board agreed to have the Clerk's Office do an intensive analysis of the available spaces over a two week period. This information would be used to evaluate whether additional permits should be issued beyond the already `overselling' that currently takes place. On motion of Councilman Fishman, seconded by Councilwoman Wittner, the Board unanimously agreed to enter into Executive Session to discuss a matter which will imperil the public safety if disclosed EXECUTIVE SESSION Discussion of Public Safety Habitat for Humanity Representatives from Habitat for Humanity, Jim Killoran, Executive Director, Mary Bonner, Chair of the Board of Directors and Nile Delaney, an Advisor, were present to continue discussions involving property owned by the Town, located in the Village of Mamaroneck, that Habitat is seeking to develop. Mr. Killoran spoke about Habitat's mission and the work they have done locally. Mr. Killoran stated that the Village of Mamaroneck Officials, had done an initial investigation at the site to review concerns the Town Board had regarding potential flooding issues. The Board emphasized that they conceptually have no issues with the project, but maintain that the Village of Mamaroneck would need to first approve the project. The Board also emphasized that there are issues that still need to be addressed. The Board and the representatives of Habitat discussed what next steps should be taken. The Board suggested that Habitat ask the engineering firm of Dolph Rotfeld, to do a pro bono evaluation of the property. The Board agreed to meet again in 30 days and would review any engineering reports when available. 1 January 23, 2008 Website Redesign Proposal The Board reviewed a proposal from Brian Foy Design, for a website redesign project. The Board felt the proposal lacked depth as well as clear objective. The Board would like to review how many visits (`hits') the site is currently receiving. Mr. Altieri would speak with Brian Foy, regarding the Board's concerns with his proposal. Video Streaming of Town Board Meetings on Town Website Due to lack of quality and ability to navigate the videos, it is recommended that the Town Board Meeting videos be removed from the website. It was noted that residents can contact LMC-TV and request a meeting be aired or they can obtain a copy of the meeting from LMC-TV. Verizon — FiOS Solicitation Residents have voiced concerns with the door to door solicitation taking place by Verizon sub contractors. The company has received a peddling license through the Town Clerk's Office. The Board asked Mr. Maker to review local law to determine whether the Town may limit the hours peddlers may solicit. Flint Park Update The Board reviewed correspondence from the Department of Environmental Conservation (DEC) to the Village of Larchmont, regarding concerns with the installation of the synthetic fields and potential impact to the wetlands. The Board was then notified that the stop work order had been lifted, however, a Tidal Wetlands permit is still required by the Town to repair the storm water drain north of the synthetic field. Mr. Altieri has been informed that the Tidal Wetlands Permit from the DEC is being issued. The Board discussed their concerns with additional water draining from the field into the Town's `vault'. Mr. Altieri informed the Board that the engineering firm of Dolph Rotfeld, believes if the water in the `vault' gets too high during a tidal inflow, that it is possible water will drain back to the field and not into the Town's pipe. Open Space Inventory Councilwomen Wittner and Seligson distributed an open space inventory report. The Town's Environmental Planner, Liz Paul, has updated a report originally created by the Coastal Zone Management Commission. The Board felt there was not enough time during this work session to have a full discussion of the report but would add this item to the another work session. FCD Mamaroneck, LLC Mr. Altieri notified the Board that FCD Mamaroneck, LLC, was entering into a partnership with Iron Oaks, for the Myrtle Blvd. condo project. Update — Gate at Trader Joe's Parking Lot Councilwoman Seligson received misinformation from a Central School parent regarding parking lot information. Supervisor O'Keeffe briefed the Board on conversations she had recently with Superintendent Dr. Paul Fried. Councilwoman Seligson would follow up with the parent. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:40 PM, she then pointed out the location of exits. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Supervisor O'Keeffe and on motion of Commissioner Wittner, seconded by Commissioner Fishman, the Board of Fire Commissioners was unanimously declared open. Present were the following members of the Commission: 2 January 23, 2008 Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson Commissioner: David J. Fishman 1. FIRE CLAIMS Commissioner Fishman presented fire claims for authorization of payment, thereafter on Commissioner Fishman'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. $ 947.13 AAA Emergency Supply Co. Inc. $ 499.75 AAA Emergency Supply Co. Inc. $ 433.00 AAA Emergency Supply Co. Inc. $ 345.00 AAA Emergency Supply Co. Inc. $ 330.00 AAA Emergency Supply Co. Inc. $ 172.00 AAA Emergency Supply Co. Inc. $ 164.00 AAA Emergency Supply Co. Inc. $ 163.80 AAA Emergency Supply Co. Inc. $ 163.80 AAA Emergency Supply Co. Inc. $ 125.00 AAA Emergency Supply Co. Inc. $ 125.00 AAA Emergency Supply Co. Inc. $ 112.66 AAA Emergency Supply Co. Inc. $ 101.00 AAA Emergency Supply Co. Inc. $ 84.00 AAA Emergency Supply Co. Inc. $ 48.00 AAA Emergency Supply Co. Inc. $ 38.50 AAA Emergency Supply Co. Inc. $ 14.00 Amazon.Com $ 545.60 Atlantic Westchester Inc. $ 517.50 Avaya $ 66.81 Avaya $ 51.89 Brewer $ 8.63 Byram Mason Supply $ 137.50 Cablevision $ 83.96 Con Edison $1,064.13 Corsi Tire $ 207.90 Diamond Glass $ 624.00 Embassy Cleaners $ 275.53 IKON-10/30-11/29/07 $ 212.13 IKON-11/30-12/29/07 $ 212.13 Jose Roberto Ribeiro $ 500.00 Larchmont Yacht Club $8,218.00 Larry Oberman $ 16.47 Mount Vernon Iron Works $ 195.00 Nextel $ 170.49 911 Wear Inc. $ 954.00 Noah Goldberg $ 61.82 Paul Tavolilla $ 25.88 Performance Parts Express $ 282.58 Pitt-Stop Auto Parts $ 179.80 Poland Springs Water Co. $ 78.86 Sound Shore Contracting $ 270.00 3 January 23, 2008 Sound Shore Pest Control $ 130.00 Town of Mamaroneck General Fund-Phone Charges $2,492.79 Town of Mamaroneck P.F.F.A. $ 220.08 Tri-City Auto Parts $ 192.03 United Water $ 574.64 Verizon $ 423.47 Verizon Wireless $ 12.56 Victor Anderson $ 34.66 Westchester Elevator $ 196.35 Westchester Cty. Assoc. of Fire Chiefs $ 350.00 W.J.W.W. $ 113.08 Total: $23,566.91 The above resolution was put to a roll call vote: Commissioner David J. Fishman Aye Commissioner Nancy Seligson Aye Commissioner Ernie Odierna Aye Commissioner Phyllis Wittner Aye Commissioner Valerie O'Keeffe Aye 2. Authorization — Transfer of Funds FEMA Grant. On motion of Commissioner Wittner, seconded by Commissioner Seligson, the following was approved, WHEREAS, in March 2006 the Town of Mamaroneck Fire Department received a grant from the Federal Emergency Management Agency (FEMA) for new turn out gear, and WHEREAS, the cost for the new gear written into the grant was based on standards and guidelines in place at the time the grant was submitted, and WHEREAS, between the time the grant was awarded and the purchasing of the new gear, new standards and guidelines had been established, and WHEREAS, it was the Fire Department's understanding, that purchasing fewer pieces of gear and staying within the grant amount would be acceptable with FEMA, and WHEREAS, after submission to FEMA of final costs and units purchased, FEMA has determined that the Fire Department did not purchase the total number of units specified in the grant application and would, therefore, be responsible for $35,000, and WHEREAS, after many discussions with FEMA personnel, as well as the return to the vendor of equipment purchased, the Fire Department's liability has been reduced to $8,886. NOW THERFORE, BE IT RESOLVED, that the Board of Fire Commissioner's does hereby authorize the reimbursement to FEMA in the amount of$8,886, and BE IT, FURTHER 4 January 23, 2008 RESOLVED, that the Fire Commission authorizes the transfer of funds from the Fire Department Surplus Fund to the Capital Project 27-05, account#H3497-4-3410.5007, in the amount of$8,886. The above resolution was put to a roll call vote: Commissioner David J. Fishman Aye Commissioner Nancy Seligson Aye Commissioner Ernie Odierna Aye Commissioner Phyllis Wittner Aye Commissioner Valerie O'Keeffe Aye 3. Other Fire Department Business There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Fishman, the Commission unanimously adjourned. AFFAIRS OF THE TOWN 1. Appointment— Boards & Commissions On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner, the following was approved, WHEREAS, Edwin H. Kaufman has resigned as Member B of the Board of Ethics. NOW THEREFORE, BE IT RESOLVED, that Grace D'Alessio is appointed to fill the unexpired term of Dr. Kaufman as Member B, of the Board of Ethics; and BE IT FURTHER, RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2009. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. Appointment— Community Development Advisory Group Representative On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following was approved. WHEREAS, the Community Development Advisory Group (CDAG) is a Countywide Board that oversees the 5 January 23, 2008 recommendations for Community Development Block Grant Funds (CDBG), and WHEREAS, towns, villages and small cities are not eligible to apply directly to the Federal Government for CDBG funding, a community consortium was created to coordinate the application process thru the Westchester County Department of Planning, and WHEREAS, Mary Carlson, served as an excellent representative until her recent relocation to Virginia. NOW THEREFORE, BE IT RESOLVED, that Caroline Silverstone is appointed as the Community Development Advisory Group Representative for the Town of Mamaroneck; and BE IT FURTHER, RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 3. Authorization Renewal of Contract with Southeast Consortium On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was approved. WHEREAS, the Town of Mamaroneck's participation as one of nine communities in the South East Consortium provides recreation programs for disabled individuals with developmental disabilities. NOW THEREFORE, BE IT RESOLVED, that the Town Board does hereby authorize the renewal agreement with South East Consortium for the year 2008 in the amount of$23,956, an increase of$1,081 from 2007; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the town. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 6 January 23, 2008 4. Report of Bids- TA- 07-12 Cleaning of Police Uniforms On motion of Councilwoman Wittner, seconded by Councilman Fishman, the following was approved, WHEREAS, on January 16, 2008 the Town publicly opened and read bids for the cleaning of police uniforms; and WHEREAS, only two bids were received as follows: Uniform Item Massaro Dry Cleaners Trousers $3.00 Jackets $6.25 Shirts $2.00 Sweaters $4.75 Uniform Item Excelsior of Larchmont Trousers $5.75 Jackets no charge Shirts $6.00 Sweaters no charge NOW THEREFORE, BE IT RESOLVED, that the Town Board does hereby award contract TA-07-12 - Cleaning of Police Uniforms to the lowest responsible bidder meeting the Town's specifications, Excelsior of Larchmont, at a total cost of$11.75 per uniform set; and BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 5. Referral to Town Planning Board — Request of Forest City Residential On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was unanimously approved; WHEREAS, on October 18, 2007 the Town of Mamaroneck granted a special permit to FCD Mamaroneck, LLC, for the construction of a mixed use development consisting of both retail and 139 residential units on property adjacent to Byron Place in the Town of Mamaroneck; and WHERAS, pursuant to the terms of that special permit, FCD Mamaroneck, LLC, is required to apply for a building permit by April 18, 2008; and WHEREAS, due to unforeseen economic conditions, FCD Mamaroneck, LLC seeks an extension of the time to obtain a building permit until April 18, 2010; and 7 January 23, 2008 WHEREAS, The Town Board has made it clear to FCD Mamaroneck, LLC, of the Town's desire for the construction of the Parking Deck associated with this project, to move forward as planned; and WHEREAS, the Town of Mamaroneck may seek to amend the Contract of Sale between the Town of Mamaroneck and FCD Mamaroneck, LLC, as a condition for amending the special permit; and WHEREAS, by law an amendment to a special permit must be approved by the Town of Mamaroneck Planning Board with a Public Hearing to follow. NOW THERFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby refer the request for an amendment to the special permit issued to FCD Mamaroneck, LLC, on October 18, 2007 to the Planning Board. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 6. Designation of Delegate —Association of Towns Conference On motion of Supervisor O'Keeffe, seconded by Councilman Fishman, it was unanimously RESOLVED, that the Town Board does hereby delegate Councilman Ernest C. Odierna, as the Town of Mamaroneck Delegate, to attend the Annual Business Session of the Association of Town of the State of New York, on February 20, 2008, and to cast the vote of the Town of Mamaroneck, pursuant to §6 of Article III of the Constitution and By-Laws of said Association. 7. Salary Authorization — Community Services Recreation COMMUNITY SERVICES On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was RESOLVED, that the Town Board does hereby authorize the appointment of Kathy Flynn, as a per diem Senior Center Aide with the Town of Mamaroneck Senior Center, effective January 15, 2008 at an hourly rate of$13.50. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye 8 January 23, 2008 O'Keeffe Aye RECREATION On motion of Supervisor O'Keeffe, seconded by Councilman Fishman, it was RESOLVED, that as provided for in the 2008 Town Budget the Town Board does hereby authorize the payment of salary to the following: Name Position Location Wage Retro. Date Brian Garvey Key Attendant Hommocks Pool $8.50/hou 1/4/08 Emma Kravet Swim Instructor Hommocks Pool $17.75/hour 1/12/08 Emma Kravet Lifeguard Hommocks Pool $10.50/hour 1/4/08 John Saporito Lifeguard Hommocks Pool $8.50/hour 1/4/08 Cliff Shapiro Swim Instructor Hommocks Pool $18.25/hour 1/12/08 Cliff Shapiro Early Morning Hommocks Pool $25/session 1/21/07 Swim Cliff Shapiro Lifeguard Hommocks Pool $11.75/hour 1/4/08 Mike Savoca Skate Guard Hommocks Park Ice $8.50/hour 1/5/08 Rink The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye APPROVAL OF MINUTES Special Meeting October 19, 2007 October 22, 2007 Regular Meeting December 19, 2007 January 2, 2008 Special Meeting January 14, 2008 SPECIAL MEETINGS OCTOBER 19, 2007, OCTOBER 22, 2007 and JANUARY 14, 2008 On motion of Councilwoman Wittner, seconded by Councilman Fishman, and abstained by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Board minutes from the Special Meetings of, October 19, 2007, October 22, 2007 and January 14, 2008. REGULAR MEETINGS DECEMBER 19, 2007 and JANUARY 2, 2008 On motion of Councilwoman Wittner, seconded by Councilman Fishman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board minutes from the Regular Meetings of, December 19, 2007and January 2, 2008. 9 January 23, 2008 ORAL COMMUNICATIONS George Roniger, Larchmont Gardens' Civic Association, addressed the Board. He commented that noise pollution was an important item for the Association. Their Board recently interviewed a local landscaper; Mr. Roniger read the landscaper's comments directly from the Minutes. Those comments ranged from local laws not being enforced to the time it takes to clean leaves by hand. Mr. Roniger was given an update on the stairwell project. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Fishman gave an update on the Verizon FiOS solicitations, noting that there are still considerable `deals' to be had. The availability of LMC-TV will be in May, as by contract. Councilman Fishman attended the Human Rights Commission Meeting on January 8, and continues to be impressed with the commission's capital planning. The commission is eager to do more work in our community. Councilwoman Seligson attended the Martin Luther King, Jr. Celebration at the Emelin Theatre. She noted the event to be, as always, both a moving and rewarding experience. She, and Councilwoman Wittner, attended the Westchester Municipal Official's Meeting in Bedford, the Commissioner of Environmental Facilities discussed septic system regulation. The Greenway Project will have its `soft' opening this May. Councilwoman Seligson thanked Liz Paul, Town Environmental Planner, for her work on the trail signs for Greenway. She attended the Senior Center luncheon, noting everyone's praise of the Director, Maria Gallagher. Councilwoman Wittner attended the `kick off' meeting for the Sheldrake Restoration Grant Project for the Brook. She met with the Long Island Sound Watershed Intermunicipal Council (LISWIC). Doug Goodfriend, Counsel at Orrick, Herrington & Sutcliffe LLP, presented to LISWIC information on drafting legislation for the State regarding the formation of a Regional Stormwater Management District. Councilwoman Wittner attended the Coastal Zone Management Commission Meeting on January 22. The Commission will be sending a letter to the Town, addressing the Town's Wetlands Law. The Town held a Special Meeting on January 14, to review bids. On January 15, she, Steve Altieri, Liz Paul and David Goessel, met with the County for the `kick off' of the Gardens' Lake project, adding AKRF will be the County Consultants for this project. Councilman Odierna having just returned from vacation, did not attend most of his usual meetings. He reminded residents of the upcoming Winter Walk along Mamaroneck Avenue, on February 8, sponsored by the Mamaroneck Chamber of Commerce. SUPERVISOR'S REPORT Supervisor O'Keeffe gave an overview of recent meetings she attended. The Westchester Municipal Officials Association (WMOA) met with County Officials, notably County Executive Andrew Spano and Legislative Chair William Ryan, to discuss a host of topics. Some of the key topics were new recycling requirements and programs, emergency services/operation centers and flooding grants. WMOA also met with County Officials Cheryl Lewy, Gerard Mulligan and Peter Eschweiler, to discuss the criteria for receiving and applying for grants through the Flood Mitigation Taskforce. There was also discussion as to how the County will fund these grants. The County cannot borrow funds for projects not considered for County purposes. This is causing some delays as the County bonding and legal counsel determines what projects meet the criteria for borrowing by the County. Supervisor O'Keeffe along with the City of Rye Mayor, Steven Otis and the Village of Tarrytown Mayor, Drew Fixell, spoke before the State Senate Hearing on the proposed tunnel from Long Island to Westchester County. The Board spoke in some detail of the proposed Broadwater Project, in which a natural gas facility would be placed in the waters of Long Island Sound. 10 January 23, 2008 The Board announced their upcoming meeting on February 8, at which they will address project priorities. ADJOURNMENT On motion of Supervisor O'Keeffe, seconded by Councilwoman Seligson the meeting was unanimously adjourned at 10:00 PM, in memory of Frank Ferrari. Mr. Ferrari, was a distinguished member of the Town's Human Rights Commission. Mr. Ferrari was remembered by David Dinkins and Andrew Young who spoke at his funeral service, as did many other dignitaries. Mr. Ferrari was a well known dignitary in Africa and Europe. He will be remembered as a modest man who gave so much of his life to others. Submitted by Christina Battalia, Town Clerk 11