HomeMy WebLinkAbout2008_02_06 Town Board Minutes FEBRUARY 6, 2008
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON FEBRUARY 6, 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
Linda Silvestre, Deputy Town Clerk
WORK SESSION
On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner, the Town
Board unanimously agreed to enter into Executive Session to discuss employment
history.
EXECUTIVE SESSION
Employment History
RESUME WORK SESSION
New York State Court Security Funding
The Board reviewed a letter to Supervisor O'Keeffe from Justice Charles Apotheker.
Judge Apotheker has been appointed to direct a new initiative to improve Justice
Courts throughout the State. As part of this initiative courts may apply for state funds
to acquire metal detectors and other security equipment for their courts. Many
municipalities have expressed concerns that although they appreciate that the State
will pay for this equipment, many cannot afford the added expense to staff these
devises. Justice Apotheker would like help in petitioning State Legislators, to
"introduce an appropriate penalty assessment to each disposition in justice court
which would be given back to the municipality to reimburse them for their specific
expenses relating to court security." The Town will draft a resolution for approval at
the February 20, Town Board Meeting.
Peddling & Soliciting Law
Due to increased resident concerns regarding the time at which door to door soliciting
is permitted, the Board reviewed a draft local law limiting the hours when peddling and
soliciting are permitted. This item will be added to this evening's regular meeting.
Underage Drinking Legislation
Mr. Maker brought to the Board's attention, an initiative by the New York State
Environmental Prevention Task Force (NYSEPT), on a statewide initiative to address
underage drinking and has drafted a model Community Social Host Local Law. The
Board discussed this as well an upcoming meeting the Board will have with
representatives of R.A.D.A.R. This meeting will be a follow up to last year's meeting.
Special Town Board Meeting — February 8t"— Project Priorities
The Board reviewed the agenda for their upcoming meeting as follows:
1
FEBRUARY 6, 2008
2008 Capital Improvement Plan Review
Washington Square Parking Plan
VFW
Records Storage Program/Website Design
Workplace Violence Policy
Floor Area Ratio Law
Richbell Road Playground Project
Inflow Infiltration Review— Old White Plains Road Sewers
Flood Control Projects
Murray Avenue
Bonnie Way
Cabot Road
Follow up Village of Larchmont Meeting
Zoning Board — Conflicting Regulations
Reduction of Carbon Footprint
Recycling Update
Cablevision Update
Railroad Station Project Update
Follow Up Open Space Report
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the Board
unanimously agreed to enter into Executive Session to discuss Employment History
EXECUTIVE SESSION
Employment History
RE-CONVENE WORK SESSION
February 20 Town Board Meeting
Councilman Fishman and Councilwoman Seligson, will be on vacation during the week
of February 18–22, as this is the Mamaroneck School system break. The Board
members discussed rescheduling the meeting but were unable to find a more favorable
date. The February 20 meeting will remain as scheduled.
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:30 PM she then pointed out the location of exits.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe and on motion of
Commissioner Seligson, seconded by Commissioner Fishman, the Board of Fire
Commissioners was unanimously declared open.
Present were the following members of the Commission:
Commissioner: Valerie M. O'Keeffe
Commissioner: Phyllis Wittner
Commissioner: Ernest C. Odierna
Commissioner: Nancy Seligson
Commissioner: David J. Fishman
1. FIRE CLAIMS
Commissioner Odierna presented fire claims for authorization of payment, thereafter on
Commissioner Odierna's motion, seconded by Commissioner Wittner, it was
2
FEBRUARY 6, 2008
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. $ 243.00
AAA Emergency Supply Co. Inc. $ 195.00
AAA Emergency Supply Co. Inc. $ 187.50
Cablevision $ 83.98
Clean Air Co. $ 209.00
Cleaning Systems $ 303.85
Clinton-Kearney $ 135.00
Con Ed $ 2,187.31
Deer Park $ 37.92
Excelsior Garage $ 3,045.00
Giacomo Service Center $ 37.00
Grainger $ 269.85
HSBC Business Solutions $ 88.80
Ikon $ 212.13
Metro-Com Wireless $ 1,552.50
Paul Tavolilla $ 89.95
Proftech $ 223.68
R & F Trophies $ 315.00
Sprint $ 201.01
Town of Mamaroneck P.F.F.A. $ 220.08
Verizon $ 423.10
Winzer Corporation $ 125.00
Total: $ 10,385.66
The above resolution was put to a roll call vote:
Commissioner Fishman Aye
Commissioner Seligson Aye
Commissioner Odierna Aye
Commissioner Wittner Aye
Commissioner O'Keeffe Aye
2. Other Fire Department Business
Commissioner Wittner reported that 35 volunteers and 10 professional firefighters will
participate in required Survivor Training at the County Training Facility.
The Fire Department has met with the New York State Thruway Authority, with a request
to install 2-3 additional fire hydrants along the Thruway in the Town of Mamaroneck.
Commissioner Wittner thanked the Department for a wonderful Inauguration Dinner at
which the new Fire Department Officers were inducted.
The Fire Department has drafted Standard Operating Guidelines for Junior Firefighters.
Commissioner Wittner noted this was drafted with the help of Firefighter Ted Hecht,
who is also an attorney and "Baby" Chief Brendan Collins.
Commissioner Wittner presented the Fire Report for the year 2007 and the Fire Report
for the month of January of 2008, as submitted by Chief Commender as follows:
3
FEBRUARY 6, 2008
FIRE REPORT FOR 2007
ALARM TYPE NUMBER
Generals 383
Minors 275
Stills 232
Out of Town (Mutual Aid) 7
EMS 225
Drills 16
TOTAL 1138
Total Number of personnel responding: 11,149
Total Time working: 337 hours & 59 minutes
JANUARY 2008
ALARM TYPE NUMBER
Generals 33
Minors 22
Stills 3
Out of Town (Mutual Aid) 3
EMS 21
Drills 2
TOTAL 84
Total Number of personnel responding: 1,166
Total Time working: 34 hours & 34 minutes
Commissioner Wittner also presented the Service Awards Report for 2007 as follows,
SEE ATTACHMENT "A" AT THE END OF THE MINUTES
There being no further business to come before the Commission, on motion of
Commissioner Fishman, seconded by Commissioner Seligson, the Commission
unanimously adjourned.
Supervisor O'Keeffe noted that there were a number of residents in attendance who
would like to address the Board and therefore, she would like to take the agenda out of
order to Oral Communications.
ORAL COMMUNICATIONS
Bill Walters, 197 Murray Avenue, explained that members of the Murray Avenue area,
known as MARA, would like the Board to address what is happening with the County
project regarding flooding and pipe work at Murray Avenue. They are frustrated with
the slow moving of this project, they also find it difficult having to speak with so many
different individuals at the County level. Another issue, that they feel is related to
flooding is the `tear down' construction on Colonial Avenue.
Mr. Altieri gave an update, noting that the Town is expecting the County's report in the
next two weeks.
Jonathan Morganstern, 188 Murray Avenue, feels there is a direct relationship between'
the Murray Avenue drainage issue and Colonial Avenue. He would like reassurance
that whatever issues are going on with Colonial Avenue, they are not affecting Murray
Avenue. He thinks the construction project on Colonial Avenue should be halted until
the parties can determine for sure that these issues are not related.
Mr. Altieri explained the pipe coming down Murray Avenue, turns onto Colonial Avenue
and enters a siphon, in order to create the uphill flow. The County is looking to
implement drainage on Murray that would bypass this siphon. Mr. Altieri also noted
that the easement on Colonial Avenue where the siphon is located is not affected by
4
FEBRUARY 6, 2008
this new construction. He also pointed out that runoff from the new building would
have to be retained on site.
Richard Corenthal and Andra Fertig, 14 Colonial Avenue, reside next door to the `tear
down' and have witnessed water being pumped from the site. They gave a photo to the
Board, which was taken on February 2 of the excavation. Because of underground
streams, the high water table and severe flooding issues, they think this new home
construction should be reviewed. They also feel strongly that neighbor notification
should be part of any tear down project.
Mr. Altieri noted that water in excavation sites is not unusual; pumping into storm
drains is allowed.
The Board differed on whether neighbor notification constituted an invasion of privacy,
although the Board does agree that `tear downs' are problematic to our community.
The Board noted it has been grappling with Floor Area Ratio (FAR) for some time.
Supervisor O'Keeffe noted there are reasons for concern regarding this project. She
would like the Town engineers to review the site. She also felt County Legislator, Judy
Myers, should be contacted to try and move the County along.
Mr. Altieri will be keeping Mr. Walters up to date on County correspondence regarding
the Murray project.
AFFAIRS OF THE TOWN
1. Set Public Hearing - Cablevision Franchise
On motion of Councilman Fishman, seconded by Councilwoman Wittner, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does
hereby set the date for a Public Hearing on the renewal of
the Cable Franchise Agreement with Cablevision of
Southern Westchester, Inc., to operate a cable system in
the Town of Mamaroneck, for February 20, 2008 at 8:15 in
the Town Center Court Room, and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized to
publish the notice of said hearing in a newspaper appointed
as an official newspaper, and that said notice be posted.
2. Authorization — Land Records Access Agreement—Westchester County
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following
was approved
WHEREAS, the County of Westchester provides remote
access to the County Clerk's land records and legal files,
and
WHEREAS, the Town of Mamaroneck utilizes this remote
access system to reduce time in receiving deeds from the
County, thereby, maintaining up to date property owner
information.
NOW THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby
authorize the agreement with Westchester County for
access to the County Clerk's land records and legal files for
a cost of$1,200, thru December 31, 2008, and
5
FEBRUARY 6, 2008
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
3. Authorization — Transfer of Funds —Sewer District
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the
following was approved,
WHEREAS, on January 21, 2008 a pipe collapsed on
Normandy Road requiring the use of an outside
contractor to replace 35ft. of pipe, and
WHEREAS, the total cost for this repair of$22,581.00
exceeds the Town's budgeted amount for sewer
construction by $14,581.00.
NOW THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does
hereby authorize the Comptroller to transfer the amount
of$14,581.00 from the Sewer District Reserve Fund to
budget account number SS8120.4253.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
4. Approval of Certiorari
CERTIORARI #1
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it
was
RESOLVED, that the Town Board does hereby
approve the following Settlement of Certiorari as
recommended by the Town Attorney:
Marina View Condominium
300 Livingston Avenue
Mamaroneck, NY 10543
Block: 914 Lot(s): 331.1 through 331.24
Town of Mamaroneck/Village of Mamaroneck
6
FEBRUARY 6, 2008
Year Current Assessment Reduced Assessment
2003 $135,265 $75,010
2004 $135,265 $75,010
2005 $135,265 $75,010
2006 $135,265 $70,010
2007 $135,265 $64,005
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
CERTIORARI #2
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby
approve the following Settlement of Certiorari as
recommended by the Town Attorney:
Larch Realty Corp.
1927- 1930 Palmer Avenue
Larchmont, NY 10538
Block: 602 Lot: 804
Town of Mamaroneck/Village of Larchmont
Year Current Assessment Reduced Assessment
1994 $45,900 $45,900
1995 $45,900 $45,900
1996 $45,900 $45,900
1997 $45,900 $45,900
1998 $45,900 $45,900
1999 $45,900 $45,900
2000 $45,900 $45,900
2001 $45,900 $43,000
2002 $45,900 $40,000
2003 $45,900 $38,000
2004 $45,900 $36,000
2005 $45,900 $35,000
2006 $45,900 $34,000
2007 $45,900 $32,000
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
5. Salary Authorization - Recreation
On motion of Supervisor O'Keeffe, seconded by Councilman Odierna, 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:
7
FEBRUARY 6, 2008
YOUTH HOCKEY:
Sean Donaghy Assistant Instructor $6.50/hour Effective retroactive to
1/5/08.
HOMMOCKS POOL:
Sarah Monaghan Lifeguard $25/session effective to 1/31/08
Early Morning Swim
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
ADDED ITEM
6. Set Public Hearing — Limitation of the Hours when Peddling and Soliciting may
occur in the Town of Mamaroneck.
On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner, it was
Unanimously
RESOLVED, that the Town Board does hereby set the date for
a public hearing on a "Limitation of the Hours when Peddling
and Soliciting may occur in the Town of Mamaroneck" for
February 20, 2008, at 8:15 PM, and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized to
publish the notice of said hearing in a newspaper appointed
as an official newspaper, and that said notice be posted.
APPROVAL OF MINUTES January 23, 2008
On motion of Councilman Fishman, seconded by Councilwoman Wittner, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does
hereby approve the Board minutes from the meeting of,
January 23, 2008, with the noted change to page (2)
paragraph (3).
REPORT OF COUNCIL
Councilman Odierna attended a Recreation Commission Meeting on February 2, noting
the great turn out for Friday evening public skating sessions. The Commission is
actively making plans for summer camps and activities. The Mamaroneck Chamber of
Commerce is planning their Winter Walk along Mamaroneck Avenue for February 9,
from 9:00 AM — 5:00 PM.
Councilwoman Wittner attended the Library Budget Work Session with the Village of
Larchmont on January 31. The Volunteer Ambulance Corps (VAC) held their annual
Winter Party on February 4. The Town will meet with the Village of Larchmont on
February 4, to discuss topics of mutual concern.
8
FEBRUARY 6, 2008
Councilwoman Seligson attended many of the same events as Councilwoman Wittner,
adding that next week she will attend the Planning Board Meeting. Unfortunately, many
of the Zoning and Planning Board Meeting have recently coincided with the Town
Board Meetings, making it difficult to attend those meetings.
Councilman Fishman commended Supervisor O'Keeffe and Village of Larchmont Mayor
Liz Feld, for organizing their recent joint meeting; he hopes this is the beginning of a
spirit of cooperation.
ADJOURNMENT
Supervisor O'Keeffe recognized the passing of three individuals from our community.
William Glasheen, Sarah (Sally) McGuire and Edward Robert Wassman, were all
wonderful individuals whose loss will be felt throughout our community.
On motion of Councilman Fishman, seconded by Councilwoman Seligson, the meeting
was unanimously adjourned into Executive Session to discuss litigation at 110:2013M.
EXECUTIVE SESSION
Litigation
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Board
reconvened into regular session and adjourned the meeting at 11:00 PM.
Submitted by
Christina Battalia, Town Clerk
9