HomeMy WebLinkAbout2008_10_15 Town Board Minutes October 15, 2008
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK HELD ON OCTOBER 15, 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
Larchmont Historical Society
The Board noted they were in receipt of the letter from the Larchmont Historical Society
with a formal request to enter the cemetery for the restoration project on October 19tH
The letter further states that insurance coverage is provided by the Larchmont
Historical Society and proof of insurance is being provided by Mr. Jonathan Appell the
workshop consultant.
FCD Mamaroneck, LLC
Mr. Altieri was contacted by FCD Mamaroneck, LLC today, regarding the parking deck.
He was informed that the brick fagade panels were not fabricated by the manufacturer
to the Town's specifications. Brian Oos, a representative of FCD Mamaroneck, LLC,
brought a sample to the Town for the Board to look at. The Board felt strongly that the
panels should be refabricated, but agreed they would show the panels to the Board of
Architectural Review.
Town Board Meeting Dates
The Board discussed adding more hours to the Operation Budgets Public Work
Session. They agreed on November 12th, beginning at 112:OO13M. The Board would also
like to change the February 18, 2009 Town Board Meeting to February 25, 2009. That
change will be formally adopted at the Organizational Town Board Meeting in January
of 2009.
Ambulance District
Michael Liverzani notified the Board of the recent accident that occurred in the Village
of Mamaroneck by one of our ambulance vehicles. During that accident a resident in
another automobile was fatally injured. As is proper protocol, the County will conduct
the investigation. All Departments, insurance agencies and authorities have been
notified.
Noise Ordinance
Mr. Maker was asked to review the possibility of amending the Noise Ordinance, after a
resident complained about excess horn blowing. Mr. Maker said that the State allows
New York City to regulate horn blowing, but does not for Towns and Villages.
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October 15, 2008
FCD Mamaroneck, LLC—Amended Site Plan
This evening the Planning Board will consider an amendment to the FCD Mamaroneck,
LLC Site Plan, in regard to the relocation of eleven parking spaces at Byron Place and
an amendment to the Zoning for lot coverage. The relocation of the parking spaces will
require a change to the layout of Byron Place. The Board reviewed the new site plan
which has been approved by the Fire Department.
On motion of Councilwoman Wittner, seconded by Councilman Fishman, the Board
unanimously agreed to enter into Executive Session to discuss Litigation and Sale of
Land.
EXECUTIVE SESSION
Litigation
Sale of land
On motion of Councilwoman Wittner, seconded by Councilman Fishman, the Board
unanimously agreed to re-enter into Work Session
Intersection of Myrtle Boulevard and N. Chatsworth Avenue
Phil Cimino, Consultant to the Town, presented to the Board his response to the
Board's request for follow up analysis of the operation of the Intersection. He is
recommending the installation of an illuminated "No Turn on Red" during the exclusive
pedestrian phase. The Board discussed at length where, and how, this sign would be
installed. The Board will be given all the necessary costs involved and be able to see a
`mock up' of the sign in its recommended location.
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:40PM, she then pointed out the location of exits.
PROCLAMATION — United Nations Week
PROCLAMATION - UNITED NATIONS WEEK
WHEREAS, The United Nations was founded in 1945, and the 63rd
anniversary of the day on which the UN Charter came into effect will
be observed on October 24, 2008; and
WHEREAS, The United Nations continues to act to promote peace
and security, economic development and human rights around the
world; and
WHEREAS, In September of 2000, 189 nations including the United
States agreed upon 8 Millennium Development Goals to meet the
needs of the world's poorest; and
WHEREAS, The seventh Millennium Development Goal seeks to
integrate the principles of sustainable development into country
policies and programs, reverse the loss of environmental resources
and biodiversity, and reduce by half the proportion of people living
without sustainable access to safe drinking water and basic
sanitation by 2020; and
WHEREAS, The United States has demonstrated its commitment to
sustainable development partnership efforts with other countries to
create and implement development strategies that include access to
clean water and sanitation services; conservation and environmental
stewardship; and protecting marine and freshwater resources; and
must continue to work with the United Nations and other UN
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October 15, 2008
agencies to achieve further progress towards global sustainable
development; and
WHEREAS, The United Nations Association of the United States of
America (UNA-USA), in cooperation with other organizations has
declared "Environmental Sustainability as an Essential Tool for
Poverty Alleviation" as its theme for the 2008 United Nations Day
commemorations; and
WHEREAS, The citizens of the Town of Mamaroneck are encouraged
to participate in all activities related to UN Day.
NOW, THEREFORE, BE IT RESOLVED, that I, Valerie Moore O'Keeffe,
Supervisor of the Town of Mamaroneck, and the Town Board
members, hereby officially proclaim October 24, 2008 as UNITED
NATIONS DAY IN THE TOWN OF MAMARONECK.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the seal of the Town of Mamaroneck to be affixed this 15th day of
October 2008.
PUBLIC HEARINGS -- Modifications to the Intersection of Myrtle Blvd. and N.
Chatsworth Ave. Intersection
Moratorium on the Installation of Large Propane Tanks
Limited Incursion of Steps into a Rear Yard Setback
The following notice of Public Hearing was entered into the record:
NOTICE OF PUBLIC HEARING
Adjourned October 1, 2008 and October 15, 2008
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town
Board of the Town of Mamaroneck on November 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
modifications to the intersection of Myrtle Boulevard and N. Chatsworth
Avenue.
Purpose: To maintain or remove the "No Turn on Red" signs at each
point in the intersection of Myrtle Boulevard and N. Chatsworth Avenue.
Purpose: To maintain or remove the "No Turn on Red" sign at the point
where Murray Avenue terminates at Myrtle Boulevard which prohibits
motor vehicles traveling south on Murray Avenue from making a right
turn when the traffic-control signal located within Myrtle Boulevard at
that point displays a steady circular red signal for southbound traffic on
Murray Avenue.
Purpose: To create a "No Turn on Red" sign at the point where Murray
Avenue terminates at Myrtle Boulevard which prohibits motor vehicles
traveling west on Myrtle Avenue from making a right turn when the
traffic-control signal located within Myrtle Boulevard at that point
displays a steady circular red signal for westbound traffic on Myrtle
Boulevard.
The full text of these recommendations 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.
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October 15, 2008
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
CHRISTINA BATTALIA
TOWN CLERK
Published: September 20, 2008
On motion of Councilman Fishman, seconded by Councilwoman Wittner, the
Public Hearing was unanimously re-opened.
Supervisor O'Keeffe read from a spreadsheet of responses from residents as follows:
23 residents stated they were in favor of maintaining the "No Turn on Red"
12 residents stated they were in favor of eliminating the "No Turn on Red"
Supervisor O'Keeffe stated that the Town consultant Phil Cimino was asked to re-
examine the intersection. He was asked to see if faster movement thru the intersection
could be accomplished, while still maintaining pedestrian safety.
Mr. Cimino presented his findings to the Board. Mr. Cimino is recommending the Town
investigate installing a relatively new devise approved by the State of New York. The
sign would alert drivers through the use of a lighted sign that a "Right Turn on Red" is
not allowed while the pedestrian walk phase is in place.
Audience response to this option was favorable. The following residents had
comments:
Anthony Paddock, 14 N. Chatsworth Avenue
Lisa Young, 14 N. Chatsworth Avenue
Teddy Becker, 16 N. Chatsworth Avenue
Bill Zelenka, 43 Myrtle Boulevard
Jack Coughlin, 35 Byron Lane
Steve Anderson, 124 N. Chatsworth Avenue
Mary Grace Erbacher, 21 N. Chatsworth Avenue
The Board will be investigating the implementation of such a devise, specifically cost
and placement possibilities.
On motion of Councilwoman Wittner, seconded by Councilman Fishman, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does
hereby adjourn the Public Hearing for the Modifications to
the Intersection of Myrtle Blvd. and N. Chatsworth Avenue
Intersection until November 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.
PUBLIC HEARING — Moratorium on the Installation of Large Propane Tanks
The following notice of Public Hearing was entered into the record:
NOTICE OF PUBLIC HEARING
Adjourned 6/18/08, 7/9/08, 8/6/08 and 9/17/08
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town
Board of the Town of Mamaroneck on October 15, 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 "Moratorium on the Installation of
Large Propane Tanks" Law.
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October 15, 2008
Purpose
Over the Memorial Day weekend, a leaking underground propane tank
was detected. Due to the professionalism of the Town's personnel,
the propane tank was emptied and the leaking gas burned off without
injury either to person or property. If this corrective action had not
been taken, the tank may have exploded and caused damage not only
to the home on which the tank was installed but to neighboring
properties and people as well.
Because of the poor condition of the tank, it took over 24 hours for the
gas to be burned off. Throughout this time, Town personnel were
required to remain on site, causing the Town to incur thousands of
dollars in overtime compensation. The cost would have been even
higher had not so many of the responders been volunteers willing to
sacrifice their time on a holiday weekend.
This incident has alerted the Town Board to the necessity of
examining the use of propane and other hazardous substances within
the Town, and if warranted, developing regulations to control such
use and a procedure for recovering the cost incurred by the Town for
responding to the discharge of propane or other hazardous
substances within the Town. In order to study the issue, the Town
Board has determined that it is necessary to impose a moratorium
upon the installation of propane tanks with a capacity for 50 or more
pounds of propane.
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: June 10, 2008
Mr. Maker stated that he is currently writing a Local Law for the Board to review. It will
pertain to a regulation versus a moratorium. The Town Clerk was therefore instructed
to publish a new Public Hearing Notice for the "Regulation of Large Propane Tanks"
Law.
On motion of Councilwoman Wittner, seconded by Councilman Fishman, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does
hereby set the date for a Public Hearing on the
"Regulation of Large Propane Tanks" Law, for November
5, 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, 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.
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October 15, 2008
PUBLIC HEARING - Limited Incursion of Steps into a Rear Yard Setback
Mr. Maker explained the Local Law.
On motion of Councilwoman Seligson, seconded by Councilman Fishman, the
Public Hearing was unanimously opened.
Supervisor O'Keeffe asked if anyone wished to comment on the proposed Law.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the
Public Hearing was unanimously closed.
On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was
unanimously
RESOLVED, that the Mamaroneck Town Board hereby declares
the adoption of the proposed Local Law "Limited Incursion of
Steps into a Rear Yard Setback" Law to be a Type II action
under the New York State Environmental Quality Review Act
(SEQRA) requiring no further action.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, the following
was unanimously adopted:
Local Law No. 8 —2008
This local law shall be known as the "Limited Incursion of Steps into a
Rear Yard Setback" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 — Purpose:
Currently there is an anomaly in the zoning code. Section 240-51 allows
steps leading to structures (e.g., the steps leading up to the front door
of a home) to project a limited distance into a front or side yard, but not
into a rear yard. There is no reason for requiring a homeowner to seek
a variance for a limited incursion into a rear yard but to allow that same
homeowner to intrude into a front or side yard as-of-right.
Section 2—Amendment of a current section of the Mamaroneck Code:
The last sentence in section 240-51 A of the Code of the Town of
Mamaroneck hereby is repealed and the following substituted in its
place:
Provided their total area does not exceed forty square feet, steps and
their platforms are permitted to project into any required side or rear
yard a distance of not more than five feet and into a required front yard
a distance of no more than eight feet.
Section 3—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 4— Effective Date:
This Local Law shall become effective upon filing with the Secretary of
State.
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October 15, 2008
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
The approval of Fire Claims was deferred until November 5, 2008.
2. Other Fire Department Business
Commissioner O'Keeffe noted the terrific Fire Department Installation Dinner that the
Town Board attended.
There being no further business to come before the Commission, on motion of
Commissioner Wittner, seconded by Commissioner Odierna, the Commission
unanimously adjourned.
AFFAIRS OF THE TOWN
1. Submission —2009 Tentative Budget
Mr. Altieri stated that the Town Board was presented the 2009 Tentative Budget for the
Town of Mamaroneck. Mr. Altieri had the following presentation:
The process of preparing the budget began in July with the issuance of the budget
worksheets to the Town department heads. The Tentative Budget represents staff
recommendations for the revenues and expenses for the upcoming fiscal year.
Submission of the Tentative Budget kicks off an eight week review process by the
Town Board that will include a number of public work sessions with operating
departments. In addition we will review with the Town Board a five year capital project
plan and fees for services.
Budget Overview
Below is a comparative schedule of appropriations and tax levy for the 2008 Adopted
Budget and 2009 Tentative Budget.
2008 2009 Change
Appropriations $29,138,745 $30,183,305 $1,044,560
Non — Property
Tax Revenues 8,538,400 8,798,240 259,840
Reserve Application 2,277,640 2,047,330 (230,310)
Property Tax Levy $18,322,705 $19,337,735 $1,015,030
As proposed the increase in appropriations for the entire budget is just over$1 million.
This compares favorably with 2008 projections when expenses rose by $1.6 million. On
the revenue side however the rate of increase has decreased from $690,400 in 2008 to
$259,840 for 2009. Lastly, you will see that we are proposing a substantial reduction in
application of surplus in the Part Town Fund which corresponds to projections of
reduced revenue performance.
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October 15, 2008
Based upon the applicable property assessments the tax rate impact of the proposed
tentative budget is as follows. For property owners of the Villages of Larchmont and
Mamaroneck the combined Townwide tax rate and Ambulance District tax rate is
proposed to increase from $10.20 to $14.70 per one thousand dollars of assessed
valuation. For a village property owner with an average assessment of$20,000, their
property tax obligation to the Town will increase from $204 to $294. This will be the
first increase in Town property taxes for Village residents since 2004. The level of
increase reflects increases in Townwide senior citizen services and large revenue
reductions.
Property owners in the unincorporated area receive not only all of the services
described above but also the services of our Police Department, Fire Department
Sanitation Services and Highway Department. The tax rate for unincorporated area
property owners will increase from $ 251.55 to $261.05 per one thousand dollars of
assessed valuation. As a result a property owner in the unincorporated area with an
average assessment of$20,000 will realize a property tax increase of$190. The
increase results in an estimated Town property tax bill of$5,221.
2. Authorization —Westchester County - Fire Training Agreement
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby approve
the renewal agreement between the County of Westchester and the
Town of Mamaroneck, for the use of the Weaver Street Fire House as
a fire training center, and
BE IT FURTHER,
RESOLVED, that this agreement shall commence upon execution
and terminate on June 17, 2012, unless terminated sooner in
accordance with the provisions of this Agreement, and
BE IT FURTHER,
RESOLVED, that the Mamaroneck Town Board does hereby
authorize the Town Administrator to execute said Agreement
On behalf of the Town.
3. Salary Authorization — Recreation
On motion of Councilwoman Seligson, seconded by Councilman Odierna, 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
Richard Garner Alternate Manager $15.00/hr. 9/23/08
Michael Biaocco Skate Guard $10.75/hr. 9/23/08
Hommocks Pool
Amanda Biddle Early Morning Swim $26/session 10/7/08
Dolphin Swim Coach $30/hr. 10/7/08
Mia Bruschi Dolphin Swim Coach $25/hr. 10/7/08
Lindsay Naughton Swim Instructor $17.50/hr. 10/7/08
Michael Johnson Alternate Lifeguard $10.00/hr. 10/7/08
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October 15, 2008
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
ORAL COMMUNICATIONS
Cathy Sears, Larchmont Gardens' Civic Association, announced that the Halloween
Parade along the Brook will take place on October 25th at 4:15.
She questioned the status of the paving project, as there are still bails of hay along the
Brook.
Mr. Altieri responded that they might have been placed there as erosion control for
construction at the Gillette property— he will check on this.
She asked the Town Board to consider putting additional lighting at the base of the new
Train Station stairwell.
Ms. Sears also questioned when the swales will be installed along the Brook and was
informed that they are part of the Sheldrake Lake project.
Supervisor O'Keeffe spoke briefly about the County Grant project for flood mitigation,
adding there are now two projects for the Sheldrake Lake. This second project would
`piggy back' the first and would enable the Town to remove additional sediment from
the Lake. The Town is investigating whether the Department of Environmental
Conservation (DEC) will allow this sediment to be used for the Marsh Meadow at the
Hommocks Conservation Area.
Mr. Altieri noted there was nothing currently in the Budget to address plantings along
the Brook.
ADDED ITEM TAKEN OUT OF ORDER
AFFAIRS OF THE TOWN OF MAMARONECK
4. Certiorari
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:
Mavis Tire Supply Corporation
829 Mamaroneck Avenue
Mamaroneck, NY, 10543
Block: 821 Lot: 162.2
Town of Mamaroneck/Village of Mamaroneck
Year Assessment Reduced Assessment
1995 $59,600 $59,600
1996 $59,600 $59,600
1997 $59,600 $59,600
1998 $37,700 $27,000
1999 $37,700 $25,000
2000 $37,700 $23,500
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October 15, 2008
2001 $37,700 $21,000
2002 $37,700 $20,000
2003 $37,700 $18,000
2004 $37,700 $19,000
2005 $37,700 $19,000
2006 $37,700 $17,600
2007 $37,700 $16,000
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
WRITTEN COMMUNICATIONS
SUPERVISOR'S REPORT
Supervisor O'Keefe noted she had just returned from a wonderful trip to Sicily.
REPORT OF COUNCIL
Councilman Fishman will be attending the Housing Authority Meeting next month. He
attended the Traffic Committee Meeting, noting the Committee will no doubt be
discussing the closing of the Rockland Ave Bridge and discuss alternative options.
Councilman Seligson attended the opening celebration of the turf field at Flint Park by
the County Executive, Andy Spano, and the Village of Larchmont. She announced that
the Town is working on getting the map of the Greenway Trail onto the Town web-site.
She noted the wonderful Fire Department Inspection Dinner. She is currently
investigating other municipalities' Leaf Blower Laws.
Councilwoman Wittner also noted the wonderful Fire Department Installation Dinner.
Due to the holidays, which she very much enjoyed, she would have more to report at
the next meeting.
Councilman Odierna attended the Recreation Commission Meeting at which they
discussed the Recreation Department's Budget, with `heavy' discussions of Town
subsidies. Councilman Odierna reinforced that the Recreation Department is an
important revenue source. On October 20th, he will attend the Human Rights
Commission Meeting. He reminded residents of the upcoming Sheldrake
Environmental Center's Fall Festival at the Reservoir from 1:00-4:OO13M, noting a shuttle
bus will be running from Bonnie Briar's parking lot to the Reservoir property.
Adjournment
On motion of Supervisor O'Keeffe, seconded by Councilman Fishman the meeting was
unanimously adjourned at 10:30 PM.
Submitted by
Christina Battalia, Town Clerk
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