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Home My WebLink About2009_10_07 Town Board Minutes October 7, 2009 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON OCTOBER 7, 2009, BEGINNING AT 5:00 PM IN CONFERENCE ROOM A AND CONTINUING 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 Call to Order On motion of Councilwoman Wittner,seconded by Councilwoman Seligson the Work Session was unanimously opened at 5:10PM. WORK SESSION Proposed Easement—41 Dillon Road Mr.Altieri explained the request by the homeowner to create a circular driveway.The home is located on a blind curve causing a dangerous situation when exiting the driveway. In order to proceed the resident would need approval to encroach on the Town's right-of-way. The Board stressed that if approved the resident would have to install a gravel driveway. There would also need to be a provision for revoking the encroachment should the Town want or need to use that portion of the road. Resolution—New York State Grant The Board reviewed a resolution by the Town of Yorktown being distributed to other communities in Westchester for consideration. The Board would not be taking any action with respect to this resolution. Comptroller—NYS Reporting Requirement for Appointed and Elected Officials The Board reviewed the requirements. Mr.Altieri will have more documents as well as a resolution for the next Work Session. Added Item Martin Luther King,Jr.Celebration Supervisor O'Keeffe asked Councilman Odierna to make contact with The Summit to see if they are willing to help coordinate this event. Televising Work Sessions Councilman Odierna encouraged the Board to consider televising Work Sessions, but emphasized a place to begin might be to televise the upcoming all day Budget Sessions. The Board discussed how this could be facilitated. The Board also discussed having the Town Board 'Packet'items that will be discussed at the Town Board Meeting available on the web for residents to review prior to the meeting. Using surplus from LMC-TV as a possible funding source was discussed. 1 October 7, 2009 Section 8 Housing Voucher Program—Administrative Plan Mr.Altieri explained that Ms. Danoy, Director of Housing and Community Services will present the Administrative Plan during this evening's Public Hearing. She does however, have an amendment which she would like the Board to review. The Amendment has to do with succession of the Housing Voucher should the voucher holder pass away. Ms. Danoy will fully explain during the Public Hearing. Added Item Revaluation The Board discussed the renewed interest by Westchester County for a County wide revaluation,adding the County mapping project could be an initial step toward a County revaluation. The Board will be discussing the preparation of a Request for Proposal during its November meetings. Boards and Commissions The Board noted member openings on the Recreation Commission, Housing Authority and the Coastal Zone Management Commission. The sense of the Board was to address these openings in the beginning of 2010. Parking The Board discussed the continued need by the residents of Lester Place for a special parking district. The Board noted Lot#3,the Parking Deck,seemed to be under capacity. On motion of Councilwoman Wittner,seconded by Councilman Fishman,the Board unanimously entered into Executive Session to discuss Employment History of a particular person, potential purchase of land as well as Certiorari. EXECUTIVE SESSION Employment History of a Particular Person Potential Purchase of Land Certiorari On motion of Councilman Odierna,seconded by Councilman Fishman,the Board unanimously agreed to reenter Work Session. Town Assessor The Board discussed the continued issue of resolving the Larchmont Village Assessment with respect to either adopting the Town roll or reimbursing the Town for the service of creating a separate Village Tax roll. On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner the Board unanimously agreed to enter into Executive Session to discuss Employment History of Non Union and Management Employees. EXECUTIVE SESSION Employment History of Non Union and Management Employees 2 October 7, 2009 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. PROCLAMATION Supervisor O'Keeffe presented Lee Bloom with the following Proclamation,followed with comments by Lee Bloom. Mr. Bloom gave residents a challenge to go onto the United Nations web site at www.un.org and see what the United Nations does. PROCLAMATION-UNITED NATIONS WEEK WHEREAS, The United Nations was founded in 1945,and the 64`" anniversary of the day on which the UN Charter came into effect will be observed on October 24,2009; 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 eighth Millennium Development Goal seeks to develop a Global Partnership for Sustainable Economic Development; and WHEREAS, The United States has demonstrated its commitment to sustainable development partnership efforts with other countries and must continue to work with the United Nations and other UN 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 Global Partnership for Sustainable Economic Development as its theme for the 2009 United Nations Day commemorations; and WHEREAS, Residents 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 24,2009 as UNITED NATIONS DAY IN THE TOWN OF MAMARONECK PUBLIC HEARINGS — Public Housing Agency Annual PHA Plan for Fiscal Year 2010 Repeal of the Off Street Parking in Residential Districts 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 Wednesday, October 7, 2009 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 review the Town of Mamaroneck Public Housing Agency Annual PHA Plan for Fiscal Year 2010. The full text of this Plan may be examined at the Town Clerk's Office or the Public Housing Authority Office beginning August 17, 2009 during regular business 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 said Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments prior thereto. 3 October 7, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK To be published: September 4,2009 On motion of Councilwoman Seligson,seconded by Councilman Fishman,the Public hearing was unanimously opened. Anna Danoy addressed the Board with her overview of the Public Housing Agency Administrative Plan for the years 2010 thru 2014. She noted the only substantive changes have to do with the criteria for which a voucher held by a deceased family member can be pass to a family member; referred to in this plan as Succession Rights. There are also changes in the plan having to do with repayment agreements. PUBLIC HEARINGS— Repeal of the Off Street Parking in Residential Districts The following Notice of Public hearing was entered into the record: NOTICE OF PUBLIC HEARING May 6,2009 Adiourned to May 20,2009, Adiourned to June 3,2009 Adiourned to June 17,2009 Adiourned to August 12,2009 Adiourned to October 7,2009 PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, October 7, 2009 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 "Repeal of the Off Street Parking in Residential Districts" Law. Purpose: Section 240-79(B) of the Zoning Ordinance provides restrictions on off-street parking which have become anachronistic. The law was enacted at a time when it was less common for households to have more than one automobile so that parking the family car either in a garage or more than 25 feet from the home's front lot line was feasible. Now it is the norm for each household to have two or three cars making it impossible to park all of them in a garage or more than 25 feet from the home's front lot line. In addition there were no SUVs or other extra large motor vehicles when the law was passed. Garages that were built prior to 1960 cannot accommodate some of today's vehicles. Hence such vehicles are parked in driveways. For these reasons,the Town Board finds that it is appropriate to repeal section 240-79 (B)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: March 17,2009 4 October 7, 2009 Mr. Maker explained that the Planning Board would like additional information.Therefore,the Public Hearing should be adjourned. On motion of Councilman Seligson,seconded by Councilwoman Witmer,the Public Hearing was unanimously adjourned until November 18,2009. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe and on motion of Commissioner Odierna, 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 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: 2434 CW CORP. Car Washes(2) 15.50 Cablevision Cable Service 9123-10/22/09 83.39 Cleaning Systems Supplies 232.10 Con Edison Adjusted Gas Bill from 11/08-6/09 9,589.42 Costco Annual Membership 150.33 DTM Parts Supply Pump Rescue 6 276.92 G&1K Services Cleaning Service 65.65 Gabrielli Truck Sales Camera for Ladder 19 205.59 G.C. Reliable Service Inc. AC Repair 7-8-09 755.00 G.C. Reliable Service Inc. AC Repair 7-23-09 360.00 IKON Copier Service Contract-6/30-9/29/09 212.13 Knox Company Keysecure(2) 1,063.00 Motorola CIO ESS Inc. Minitor Pagers 3,843.20 Motorola Service Contract 78.00 Oakland Beach Deli Food for Collation Monthly Drill-Sept. 216.50 Pitt Stop Auto Parts Vehicle Repair for Ford Explorer 83.70 Poland Springs Drinking Water-Aug.09 68.00 Proftech Office Supplies,Toner 170.35 R&L Consulting Hardware For Accountability Tags 147.50 Rye-Ford Subaru Repairs to Fleet 302 115.40 Sound Shore Pest Control Exterminating Services 7/13 &8/13/09 130.00 Town of Mamaroneck P.F.FA Life Insurance Premium Sept.09 330.12 Verizon Telephone Service 9/10-10/9/09 264.60 Villa Maria Pizza Food for Driver Training-9/6/09 66.32 Total: $ 18,544.72 5 October 7, 2009 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. Fire Report September 2009. Commissioner Wittner read the Fire Report for the Month of September as submitted by Chief McCarthy as follows: September 2009 ALARM TYPE NUMBER Generals 21 Minors 19 Stills 0 Out of Town (Mutual Aid) 0 EMS 19 Drills 2 TOTAL 61 Total number of personnel responding: 820 Total time working: 22 hours and 51 minutes There being no further business to come before the Commission,on motion of Commissioner Odierna, seconded by Commissioner Fishman,the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization—Police Department Grant Mr.Altieri explained that the Police Department has been approved to receive a grant in the amount of $30,000.00 from the Federal Community Oriented Policing Service Program(COPS). The Department will be using this grant to improve the processing of arrests and the storage of associated data. The Town's contribution to this grant is$223.00. The Board commended Officer Martinez for his help in writing and facilitating this grant. On motion of Councilwoman Wittner,seconded by Councilman Odierna,the following was RESOLVED,that the Mamaroneck Town Board does hereby accept the U.S. Department of Justice's Community Oriented Policing Services(COPS)Grant in the amount of $30,000.00,and BE IT, FURTHER RESOLVED,that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said grant on behalf of the Town. 6 October 7, 2009 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. Approval of Certiorari On motion of Councilwoman Wittner,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: J&R Spadaro 921 and 929 Boston Post Road Mamaroneck, NY 10543 Block: 921 Lot: 114 Town of Mamaroneck/Village of Mamaroneck Year Assessment Reduced Assessment 2006 $18,000 $10,000 2007 $18,000 $10,000 2008 $18,000 $10,000 Block: 921 Lot: 129 Year Assessment Reduced Assessment 2006 $17,000 $10,000 2007 $17,000 $10,000 2008 $17,000 $10,000 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 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: Juan Ayaso 517 Center Avenue Mamaroneck, NY 10543 Block:830 Lot: 22 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2008 $18,000 $10,500 7 October 7, 2009 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye On motion of Councilman Odierna,seconded by Supervisor O'Keeffe,it was RESOLVED,that the Town Board does hereby approve the following Settlement of Certiorari as recommended by the Town Attorney: 950 Realty Co., LLC 950 Mamaroneck Avenue Mamaroneck, NY 10543 Block:817 Lot: 551 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2008 $27,200 $21,000 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 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: Soundview Service Corp. 600 West Boston Post Road Mamaroneck, NY 10543 Block: 916 Lot: 177 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2004 $31,000 $29,960 2005 $31,000 $27,580 2006 $31,000 $23,270 2007 $31,000 $21,060 2008 $31,000 $21,060 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 8 October 7, 2009 3. Salary Authorizations Recreation On motion of Councilman Fishman,seconded by Councilwoman Seligson,it was RESOLVED,that as provided for in the 2009 Town Budget the Town Board does hereby authorize the payment of salary to the following: Hommocks Pool Jon Pomeranz Lifeguard $18.50/hr. effective 9/21/09. Chris Heiss EMS Lifeguard $25.00/Ses. effective 9/21/09. Lifeguard $8.75/hr. effective 9/21/09. Hommocks Skating School Aimee Mcgowan Instructor $18.00/hr. effective 10/1/09. Jenna Bisignano Instructor $15.00/hr. effective 10/1/09. Sandra Duarte Instructor $18.00/hr. effective 10/1/09. Hommocks Ice Rink John Nagle Skate Guard $9.00/hr. effective 9/27/09. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye Non Union and Management On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner,it was RESOLVED,that the Mamaroneck Town Board does hereby approve the salary increase for Non Union and Management personnel of 2.75%, retroactive to January 1,2009 as follows: Title 2008 Salaries 2009 Salaries Town Admin $145,740 $149,748 Sec Town Adm $47,500 $51,000 Admin Ambul $81,350 $83,587 Assessor $95,755 $98,388 Dir. Bldg $93,215 $95,778 Bldg.Supt $62,430 $64,147 Comptroller $130,000 $133,575 Env.Coord $53,540 $55,012 Genl Foreman $67,555 $69,413 Supt Highways $93,000 $95,558 G'age Foreman $67,555 $69,413 Asst Town Ad $74,910 $76,970 Police Chief $130,040 $136,575 PD Records $66,530 $68,360 Supt of Rec $99,875 $102,621 Asst Supt Rec $75,160 $75,160 Ice Rink Mgr $62,790 $64,517 Dir Com Sery $91,000 $91,000 Supv Secy $57,175 $58,747 9 October 7, 2009 The above resolution was put to a roll call vote: Fishman Nay Seligson Aye Odierna Nay Wittner Aye O'Keeffe Aye APPROVAL OF MINUTES—August 12,2009 and September 16,2009 On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of August 12,2009 and September 16, 2009. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Fishman attended the Shared Services/Consolidation Committee.Councilman Fishman commended Chairman Bill Denzer for his work,adding he has the perfect sensibilities for this task. Councilwoman Seligson attended the Board of Architectural Review on September 17`"and Zoning Board of Appeals on September 23rd.Councilwoman Seligson stated the Town was fortunate to have such dedicated volunteers. Councilwoman Wittner attended the Coastal Zone Management Commission Meeting on September 22nd Councilwoman Wittner and Steve Altieri met with the County regarding Gardens' Lake. On October 2nd Councilwoman Wittner met with the Long Island Sound Watershed Inter municipal Council(LISWIC),adding the County is proposing County wide storm water management. Councilwoman Wittner commended the Fire Department for a wonderful Inspection Dinner. Councilman Odierna attended the Recreation Commission Meeting; proposed budget was a large part of the discussion,adding an ice sharpening service is being proposed as an addition to the Ice Rink SUPERVISOR'S REPORT Supervisor O'Keeffe spoke of the passing of Yonkers Fire Fighter Patrick Joyce,who she knew personally. This was a tragic loss.She spoke compassionately of his family,specifically his twin brother Tim,also a fire fighter. She and the entire Town send their sympathy to the Joyce family. ADJOURNMENT On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner the meeting was unanimously adjourned in memory of Patrick Joyce at 10:05 PM. Submitted by Christina Battalia,Town Clerk 10