HomeMy WebLinkAbout2008_03_19 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON MARCH 19, 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
WORK SESSION
Ambulance Service Billing System
Mike Liverzani explained that "over the past two years the Ambulance District has been
exploring options to make the billing process more efficient and to combine the billing
software with document management software. The District has received six proposals,
including their current service, MultiMed. All six companies use Zoll Data Management
Software on their in-house billing system." Mr. Liverzani is recommending Evolution Billing
Concepts for billing and Zoll Data Management Software for data management. Mr. Liverzani
gave a power point presentation to the Board outlining the details of Zoll's Data Management
Software. For the Board to move forward with the approval process a few items need to be
addressed; the termination of MultiMed's contract, reviewing and approving an agreement with
Evolution Billing Concepts and transferring $21,000 from the Ambulance District's surplus for
funding. Mr. Maker will have a contract for the Board to review at their next work session on
April 2"d.
Parking-Washington Square
The Town Administrator and Town Clerk, have been meeting to create a plan for the displaced
24 hour parkers in Lot# 3 during construction of the new parking deck. Four options were
presented to the Board; ranging from creating temporary parking areas to defining potential on
street parking. The Administrator and Town Clerk will be following up with the various options
and will report back to the Board at their April 2"d, Town Board Meeting.
I.C.L.E.I. - Conference
Councilwoman Seligson has been chosen to attend this conference on May 14t" and 15t", in
New Mexico. Councilwoman Seligson will be reimbursed for the cost of the Conference in the
amount of$525.00.
On motion of Councilman Odierna, seconded by Councilman Fishman, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby
approve Councilwoman Seligson's attendance at the I.C.L.E.I.
conference May 14t" and 15t", in New Mexico for a total cost to the
Town of$525.00.
Safe Routes to School Program
Kristine Budill, Murray Ave School parent and member of the PTA, addressed the Board to
explain the Safe Routes to School Program. This is a national program developed in response
to `rising traffic fatalities, obesity and worsening environmental conditions that contribute to
the devolvement of childhood asthma.' Consultants provided by the New York Metropolitan
Transportation Council were asked to evaluate and make recommendations for Central
Elementary School and Hommocks Middle School. Grants for this program are being offered
1
through the Federal Department of Transportation (DOT) and administered through New York
State. A grant in the amount of$200,000 will be applied for by the Mamaroneck School District.
The three municipalities are each being asked for endorsements. Ms. Budill gave Supervisor
O'Keeffe a draft endorsement which the Supervisor asked Mr. Maker to review.
Communication from Brian Lobel
It was reported that Mr. Lobel commented that the garbage calendar on the web-site is from
2007. He further commented that in light of the Town approving a web-site redesign, he feels
the main issue is, can residents get current information from the web-site?
Correspondence Muriel Marvin
Ms. Marvin has questioned why the new law limiting hours when Peddlers can go door to door
does not apply to Not For Profit organizations. Mr. Maker answered, it is because the Not For
Profits fall under the First Amendment.
Westchester County Flood Mitigation Meeting
Supervisor O'Keeffe attended this meeting and reported to the Board the Counties outline for
applying for grant monies. She emphasized that the County will be looking to see if
municipalities have sufficient environmental laws in effect as part of the approval process. The
Board discussed which areas in the Town would best be served by these grant monies. It was
suggested that the County's Gardens' Lake Project might be able to remove more sediment
and thus play a role in flood control by applying for Flood Mitigation Grants. The second area
discussed was Cabot Road, which the Town has already applied for Federal funding through
Assemblywoman Nita Lowey's Office. The Board agreed to send an application for both of
these areas to the County for Flood Mitigation grants. The Board would see which project
would meet the County criteria and therefore, have a better chance of being funded.
Request from Assemblyman George Latimer
Assemblyman George Latimer is asking for a letter of support from the Town, in support of the
no left turn from Weaver Street to Pengilly Drive. The Town will not be sending a letter of
support; during heavy traffic times Weaver Street becomes so congested that allowing the left
turn onto Pengilly Drive is beneficial.
Update — Legislation for a Special Parking District
Mr. Altieri reported that he has been notified by Assemblyman George Latimer that the House
and Senate should have a vote on this Legislation by April.
Update — Fire Department Correspondence
It was reported by the Town of Mamaroneck Fire Department that the correspondence they
discussed in Executive Session and the subsequent letter from the Town of Mamaroneck Fire
Department to the Village of Larchmont Fire Department will not be sent at this time.
Revaluation Report
The Town has received the revaluation report from Frey Appraisal and Consultants. It will be
discussed at the next Work Session on April 2"d
Correspondence from Village of Larchmont's Mayor Feld
Supervisor O'Keeffe noted she received a letter from the Mayor asking the Town to support
income tax changes currently in the State Budget, and supported by Senator Joseph Bruno.
The Board felt this legislation had very little to do with Town Government - no support letter
would be sent.
Mayor Feld also sent correspondence regarding the Town's pipe repair at Flint Park. It was
mentioned that the Town should have proceeded with the pipe repair as an emergency project.
The Village feels because it was not done as an emergency project it is holding up the
completion of the artificial turf field.
The Board noted that the pipe repair did not and would not fall under the criteria for an
2
emergency project. There was no imminent danger to persons or property. They also noted
that the delay in the artificial turf field was due to the Village's misunderstandings with the
Department of Environmental Conservation.
Mr. Fishman noted that when he was last at the site, there appeared to be confusion as to
whether the drainage for the artificial turf field was going into the Town's pipe or directly into
the vault.
Mr. Altieri emphasized that the drainage was never supposed to be connected to the Town's
pipe but rather directly into the vault. He was instructed to contact the engineer for the
artificial field as well as the Town's consultant for the pipe repair and determine which scenario
is correct.
Update from Zoning Board of Appeals
Councilwoman Seligson noted that the application before the Zoning Board regarding a mixed
use variance for the Duane Reade site, must show 'hardship' for the Zoning Board to issue a
mixed use variance. Since Duane Reade has a 15 year lease on the property, it will be very
difficult for the property owners to make a case for hardship.
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.
PUBLIC HEARING — FCD Mamaroneck, LLC -Amendment to Special Permit
The following notice of Public Hearing was entered into the record:
NOTICE OF
PUBLIC HEARING
Adjourned March 5, 2008
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of
the Town of Mamaroneck on March 19, 2008, 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 Amending the Special Permit issued by the
Town Board to FCD - Mamaroneck LLC,.
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: February 22, 2008
On motion of Councilman Odierna, seconded by Councilwoman Wittner, the Public Hearing
was unanimously opened.
Mr. Maker explained that an Extension of the Special Permit is being requested by FCD
Mamaroneck, LLC, the details of which were discussed during the Public Hearing on
March 5, 2008. Mr. Maker noted that the Town is not fully committed to issuing an
extension, but there are current discussions pertaining to 'conditions' that would be
imposed if the Town were to grant an Extension of the Special Permit. He therefore,
recommends that the Town Board adjourn the Public Hearing until April 2, 2008.
Mr. Joel Sachs, Counsel to FCD Mamaroneck LLC, reiterated the comments made by Mr.
Maker.
3
On motion of Councilwoman Wittner, seconded by Councilman Fishmam, it
was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby
adjourn the Public Hearing regarding the request for an Extension
of the Special Permit for FCD Mamaroneck LLC until April 2, 2008.
PUBLIC HEARINGS—Zoning Ordinance– Making the Defense of Non – Conformity an
Affirmative Defense
The following notice of Public Hearing was entered into the record:
NOTICE OF PUBLIC HEARING
Adjourned March 5, 2008
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board
of the Town of Mamaroneck on March 19, 2008 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 "Making the Defense of Non-Conformity an Affirmative
Defense" Law.
Purpose
To make the defense of pre-existing non-conformity an "affirmative defense"
in the prosecution of a violation of the Zoning Ordinance.
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: February 18, 2008
On motion of Councilman Odierna, seconded by Councilwoman Wittner, the Public Hearing
was unanimously opened.
Mr. Maker explained that the Planning Board is currently drafting a resolution in
opposition to this Amendment. Mr. Maker advised that any further discussion be
adjourned until the Board receives the Planning Boards opinion.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the Board
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby
Adjourn the Public Hearing regarding the adoption of a local law
entitled "Making the Defense of Non-Conformity an Affirmative
Defense" Law until April 2, 2008.
4
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Supervisor O'Keeffe and on motion of Councilwoman
Wittner, seconded by Councilwoman Seligson, 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 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. $ 176.00
AAA Emergency Supply Co. Inc. $ 159.80
AAA Emergency Supply Co. Inc. $ 145.50
AAA Emergency Supply Co. Inc. $ 84.95
AAA Emergency Supply Co. Inc. $ 35.00
AAA Emergency Supply Co. Inc. $ 35.00
AAA Emergency Supply Co. Inc. $ 35.00
Avaya $ 51.89
Con Edison $1,897.39
G & K Services $ 101.96
HK Laundry Equipment Inc. $ 167.50
Kussmaul Electronics Co. $ 347.79
National Standby Repair Inc. $ 603.46
O.S.P. Fire Protection $ 279.00
Rickert Lock & Safe $ 75.00
Sound Shore Contracting $ 161.25
Sound Shore Pest Control $ 130.00
Technical Electronics $ 502.00
Town of Mamaroneck $ 239.20
Town of Mamaroneck-P.F.F.A. $ 220.08
Verizon Wireless $ 144.96
Westchester Elevator $ 196.35
Total: $5,789.08
Purchase Order:
Motorola C/O Metrocom Wireless $2,923.66
Total: $2,923.66
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
5
2. Authorization — Transfer of Funds — Capital Projects 27-06
THIS ITEM HAS BEEN ADJOURNED TO THE NEXT SCHEDULED MEETING
APRIL 2, 2008
3. Other Fire Department Business
There being no further business to come before the Commission, on motion of Commissioner
Seligson, seconded by Commissioner Fishman, the Commission unanimously adjourned.
AFFAIRS OF THE TOWN
1. Authorization — Renewal — General Counsel Retainer
Supervisor O'Keeffe noted the Board has discussed the details of this agreement fully and
requested this be drafted by Mr. Altieri
On motion of councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, the Mamaroneck Town Board does hereby
approve the retainer agreement with William Maker Jr. covering
the period January 1, 2008 through December 31, 2009 and
BE IT FURTHER
RESOLVED, that for the scope of services listed in schedule A
of the retainer agreement, the annual retainer shall increase
from $73,000 to $80, 000 for the year 2008 and increase from
$80,000 to $85,000 for the year 2009; and
BE IT FURTHER
RESOLVED, that the hourly rate of reimbursement for 2008 of
$205.00 will remain the same, and will increase to $225.00 for
the year 2009; and
BE IT FURTHER
RESOLVED, that the Town Administrator is hereby authorized
to execute this Agreement on behalf of the Town.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
2. Authorization — Ice Rink Feasibility Study
Mr. Altieri explained that as part of the planned capital improvements to the Hommocks Ice
Rink Facilities, the Town has received three proposals to perform a new feasibility study. He
stated that a study was conducted in 1995 that provided the Recreation Department with a
blueprint to follow for operating the Hommocks Ice Rink as efficiently as possible.
Mr. Altieri states, "a professional study will provide the Town with information to evaluate the
overall operations of the arena, make recommendations on equipment, prioritize work and
projected expenses." He is recommending RSP Architects, because they have "the best
qualifications as well as the ability to provide the Town with the most comprehensive study.
Their engineers are licensed in all fifty states and are accredited professionals with the U.S.
Green Buildings Council (USGBC) and Leadership in Energy & Environmental Design (LEED)".
Councilwoman Wittner commented that she objected to spending $25,000 for a feasibility study
at this time — adding this is not a good time because of the current economy.
6
Mr. Altieri reminded the Board that all but $5,000 of the funding was already in the budget. He
also noted that the Recreation Department is a revenue generating department, adding the Ice
Rink operates solely on its own revenue, including its debt service.
It was also noted that doing this study now would give the Superintendent of Recreation, Jill
Fisher ample time to evaluate the study and make recommendations for the 2009 budget.
On motion of Councilman Odierna, seconded by Councilman Fishman, it was
RESOLVED, that the Mamaroneck Town Board does hereby
award the Hommocks Park Ice Rink Feasibility Study to RSP
Architects of Minnesota, in the amount of$21,500 plus
reimbursable expenses for transportation, food and lodging.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Nay
O'Keeffe Aye
3. Report of Bids – Contract TA 08-05 -
Reconstruction of the Stair Tower at the Larchmont Train Station
The following bids were entered into the record:
Contract TA-08-5A— Electrical Bids as Received:
Description (1) (2) (3)
Naber Electrical Dennis Marino d/b/a Fran Corporation d/b/a
Corporation Ardee Electrical All Bright Electric
Construction Company
Base Bid $ 17,310.00 $ 18,423.00 $ 19,700.00
Contract#TA -08-5— General Construction Bids as Received:
Description (1) (2) (3)
Arben Group, LLC SCS Structural Mace Contracting
Contracting Corporation
Services Inc.
Base $179,000.00 $198,720.00 $254,000.00
Bid
The Board reviewed the Bid Evaluation and Recommendation report from Calgi Construction
Management, the Town's consultants for this project.
Mr. Altieri explained, there are two separate bid contracts one for general construction the
other for the electrical work.
The total cost for this project is $232,110, of which $55,00 is already in the 2008 budget. The
funding for the remaining balance may come from surplus – a final determination has not been
made.
On motion of Councilwoman Wittner, seconded by Supervisor O'Keeffe, it was unanimously
RESOLVED, that the Town Board finds the approval of
Contract TA-08-5 - General Construction, for construction
of Larchmont Stairwell is hereby declared to be a Type II
action, with no Impact under the New York State
Environmental Quality Review Act (SEQRA)
7
On the motion of Councilwoman Wittner, seconded by Councilman Odierna, the following
was approved.
WHEREAS, on March 13, 2008 at 11:OOAM the Town
opened bids for Contract# TA-08-5 General Construction.
NOW THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does
hereby award Contract# TA-08-5—General Construction,
for the Construction of the Larchmont Stairwell, to the
lowest qualified bidder based on the base bid alone to
Arben Group, LLC, in the amount of$179,000.00; and
BE IT, FURTHER
RESOLVED, that the Town Administrator is hereby
authorized to execute said contract on behalf of the
Town.
On the motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
unanimously
RESOLVED, that the Town Board finds the approval of
Contract TA-08-5A— Electrical, for the electrical work to
the Larchmont Stairwell is hereby declared to be a Type II
action, no Impact under the New York State
Environmental Quality Review Act (SEQRA).
On the motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that the Mamaroneck Town Board does
hereby award Contract# TA-08-5A— Electrical, for the
electrical work for the Larchmont Stairwell to the lowest
qualified bidder based solely on the base bid alone to
Naber Electrical Corporation, in the amount of$17,310;
and
BE IT, FURTHER RESOLVED
RESOLVED, that the Town Administrator is hereby
authorized to execute said contracts 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
4. Salary Authorization - Recreation
RECREATION
On motion of Councilman Odierna, seconded by Councilwoman Wittner, 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:
Liz Eney Lifeguard $9.25/hour effective 3/15/08
Erin Greenberg Lifeguard $10/hour effective 3/15/08
Jon Rubin Lifeguard $11.50/hour effective 3/15/08
8
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
ADDED ITEM
5. Authorization — Creation of Trust Fund — Greenway Trails
Councilwoman Seligson explained that as part of the ongoing maintenance and operation of
the Greenway Trails, the Town of Mamaroneck will serve as lead agency.
On the motion of Councilwoman Seligson, seconded by Councilwoman Wittner it was,
RESOLVED, that the Town Board does herby Authorize the Creation
of Trust Fund — Greenway Trails to serve as the operating account
for the receipt and disbursements of Funds for the Trail operations.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
ORAL COMMUNICATIONS
Jennifer Conley, representing Fields for Kids (FFK), addressed the Board. She thanked the
Board on behalf of FFK for their role as partner with the County and the Village of Larchmont
for the Flint Park Project. As part of FFK's responsibility to their donors, we have reported to
them that the turf field is ready except for the pipe adjacent to the field, which if not complete
could delay the project. Ms. Conley stated she was not here to question the Town on their
handling of the pipe project but rather to ask if it could be made a priority.
Councilman Fishman noted that he had recently walked through the project with the Village of
Larchmont engineers. He stated the engineering challenge now is not the completion of the
pipe but the drainage of the field to where it is supposed to go.
Mr. Altieri stated, the Town was never informed that any drainage for the Field would enter
directly into the Town pipe but rather would enter into the vault directly. Mr. Altieri further
noted that during the DEC permit process, the DEC wanted to issue a permit combining the
Town's pipe project with the Village's field project. The Town was opposed and the DEC
permits were issued separately.
It was further emphasized that any delay in the pipe project was caused by the original amount
of$500,000 being unexpectedly high; the Town modified the bid documents and they were sent
out to bid again.
Councilman Fishman asked that arrangements be made for the Village Engineer to come speak
with the Town directly and let us know exactly what is needed from the Town.
George Roniger, Larchmont Gardens' Civic Association, noted that the Association is planning
their annual meeting May 5t"- hopefully the Fire House will be available. They are planning a
discussion of the real estate situation in the Town. They are bringing to the table a number of
local realtors for this discussion.
WRITTEN COMMUNICATIONS
None
9
SUPERVISOR'S REPORT
REPORT OF COUNCIL
Councilman Fishman attended the Traffic Committee Meeting on March 18, there was no
quorum and items were taken under advisement. Of note were issues brought by the Murray
Ave PTA, adding this will probably be brought before the Town Board for discussion. The
School Board is discussing how they will proceed with their bonding as well as increases with
the budget.
Councilwoman Seligson attended the Westchester Municipal Official's Dinner last week in
Bronxville, as did Councilwoman Wittner. There was discussion about how Global Warming
could affect future SEAR findings. Kelly Belnick, a student at Pace Law School, will be
replacing Sara Price as our summer intern for the I.C.L.E.I project. She and Councilwoman
Wittner recently met with Paul Gallay to discuss preserving and protecting the last open space
in the Town.
Councilman Odierna attended the Seniors' Saint Patrick's Celebration as did Supervisor
O'Keefe, Councilwoman Seligson and Councilwoman Wittner. At the Recreation Commission
Meeting they discussed the proposal for the Ice Rink Feasibility Study. He noted the banner
crowds attending the Rink on a regular basis. He noted a number of issues are being
discussed regarding the Pool and the School Board. On March 13, he attended the Summit
meeting; the discussion was Affordable Housing.
Mr. Altieri stated that he and Superintendent of Recreation Jill Fisher have met with the School
to discuss possible alternatives to the issues of Pool maintenance.
Supervisor O'Keeffe wished everyone a Happy Easter!
ADJOURNMENT
On motion of Councilwoman Wittner, seconded by Councilman Fishman, the meeting was
unanimously adjourned 10:15 PM.
Submitted by
Christina Battalia, Town Clerk
10