HomeMy WebLinkAbout2009_02_25 Town Board Minutes February 25, 2009
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK HELD ON FEBRUARY 25, 2009 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
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
ABSENT: Councilwoman Phyllis Wittner
WORK SESSION
Mr. Altieri was absent for the beginning of the Work Session.
Zoning Code - Residential Parking
It has come to the Town's attention that Zoning Code Section 240-79 (B) should be
reviewed. Mr. Maker is under the opinion that the Code is no longer applicable, as well
as confusing. The Board asked Mr. Maker to review the law and make a recommendation
for its modification.
YMCA—Activate America Program
Councilwoman Seligson reported on her meeting with the Soundshore Trailways
Committee, Village of Larchmont and Rye YMCA, regarding the YMCA's Activate America
Program. The YMCA has been working with local municipalities in promoting this
program. The Village of Larchmont and the Town of Mamaroneck, has determined a
number of appropriate projects for funding through the Activate America Program and
will be contacting the YMCA for their input on these projects.
Noise Ordinance— Snow Removal
The Board discussed whether they will amend the Noise Ordinance to ban leaf blowers
as a means of snow removal after hours. The Board would like to monitor this without
amending the law at this time.
Memorial Park— Master Plan
The Board has had previous discussions regarding a master plan for Memorial Park.
They have met with design consultant Hank White of HW Site Architects. The Board has
determined that it does not have a formal survey of the park property and before moving
any further with this project a survey should be completed. Three proposals have been
received with the lowest from Ward Carpenter Engineers at$8,890. Mr. Altieri will
prepare a contract for the Board to review at their next meeting.
On motion of Councilwoman Seligson, seconded by Councilman Fishmam, the
Board unanimously agreed to enter into Executive Session to discuss Employment
History, Collective Bargaining and Certiorari.
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February 25, 2009
EXECUTIVE SESSION
Employment History
Collective Bargaining
Certiorari
Traffic Committee Update
Councilman Fishman gave an update on the last Traffic Committee Meeting. With regard
to the handicapped parking space request on Alden Road, the Board will most likely see
an opinion from the Committee at the Town Board's next Meeting.
Update —Town Assessment Roll
Supervisor O'Keeffe updated the Board on her recent meeting with the Mayor of the
Village of Larchmont, as well as the Village's Attorney on the matter of the Village of
Larchmont's acceptance of the Town Assessment Roll.
Miscellaneous Updates
The Board briefly discussed the Intersection of Myrtle Blvd and North Chatsworth Ave,
the Library Budget and Long Island Sound funding.
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:20 PM she then pointed out the location of exits.
DISCUSSION —Volunteer Firefighter/Volunteer Ambulance Worker Tax Exemption
Supervisor O'Keeffe welcomed County Legislator Judy Myers. Legislator Myers
informed the Town of this new County Tax Exemption. This exemption is available to
Firefighters in Departments with no more than four paid Members. Legislator Myers
notes that the Town and both Village Ambulance Volunteers would be eligible; but only
the Village of Mamaroneck Firefighters would be eligible. Volunteers can contact the
Town Assessor to fill out the required paper work. The deadline for applications is June
1, 2009. Legislator Myers spoke briefly on the Stimulus package and the State mandated
Filtration Plant, as well as an update on the County's new agreements with the
municipalities for use of the RESCO refuse facility.
Mr. Altieri arrived at 8:3013M.
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February 25, 2009
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe and on motion of
Commissioner Fishman, seconded by Commissioner Seligson, the Board of Fire
Commissioners was unanimously declared open.
Present were the following members of the Commission:
Commissioner: Valerie M. O'Keeffe
Commissioner: Ernest C. Odierna
Commissioner: Nancy Seligson
Commissioner: David J. Fishman
Absent was the following member of the Commission:
Commissioner: Phyllis Wittner
1. FIRE CLAIMS
Commissioner Odierna presented fire claims for authorization of payment, thereafter on
Commissioner Odierna's motion, seconded by Commissioner Fishman, 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. CO Tubes for Public 74.95
AAA Emergency Supply Co. Chain Saw Repair 59.85
AAA Emergency Supply Co. Garage Tools 59.85
Ben Romeo Co. Inc. Tire Chain & Adjusters 374.00
Brewer Hardware Tarps, Shovel and Broom 206.43
Byram Mason Supply Rubber Mallet Replacements 99.80
Con Edison Natural Gas 21.16
Corsi Tires Tires for Tahoe 633.76
Foley's Hardware Duct Tape & Hex Key Set 26.02
Galls Inc. Rescue Multitool 322.93
G.C. Reliable Service Inc. Heating/Ac Repairs 512.00
Giacomo Service Center Inspection & Tire Alignment 136.95
Giacomo Service Center Tire Mounting 2008 Tahoe 132.00
New England Sportswear Mourning Bands 50.00
O.S.P. Fire Protection Appliance Service 140.00
Proftech Office Supplies 122.90
R & L Consulting Sceptre Training TV 504.64
Rickert Lock & Safe Co. Office Keys 5.73
Ryan McErlean Temp. Services 2/2 & 2/3/09 50.00
Rye Ford Subaru Switch Control for Expedition 17.26
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February 25, 2009
Sound Shore Pest Control Exterminating Svcs. 12/23/08 &2/4/09 130.00
Technical Electronics Inc. Antena Replacement for E37 88.50
Tri City Auto Parts Engine Supplies for Maint. 44.40
Verizon Wireless Cell Phones 12/27/08-1/26/09 392.24
Westchester Elevator Maint. For Feb. '09 175.00
Winzer Corporation Supplies 38.77
Total: 4,419.14
The above resolution was put to a roll call vote:
Commissioner Fishman Aye
Commissioner Seligson Aye
Commissioner Odierna Aye
Commissioner Wittner Absent
Commissioner O'Keeffe Aye
2. Other Fire Department Business
The Town Clerk read the Fire Report for the Month of January as submitted by Chief
McCarthy as follows:
February 2007
ALARM TYPE NUMBER
Generals 23
Minors 12
Stills 5
Out of Town (Mutual Aid) 1
EMS 15
Drills 2
TOTAL 58
Total Number of personnel responding: 722
Total Time working: 25 hours & 17 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. Approval - Memorandum of Understanding, Civil Service Employee Association
Mr. Altieri explained that on December 31, 2008 the Town's Collective Bargaining
Agreement with the Civil Service Employees Association (CSEA) expired. Since that time
the Town has been in negotiations with the CSEA regarding a renewal contract.
Terms of the Agreement are for one year at which the employees would receive a 2.5%
salary adjustment effective January 1, 2009. On September 1, 2009 employees would
receive a one time off scale payment equal to 1% of salary that is not included in the
employees base salary. The CSEA has requested that the new agreement include a no-
layoff clause, which the Town has agreed to for the year 2009 only. It was noted that
this increase is the lowest the Town has negotiated in over 20 years.
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February 25, 2009
On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was
RESOLVED, that the Mamaroneck Town Board does hereby accept the
Stipulation of Settlement between the Town of Mamaroneck and the Civil
Service Employees Association (CSEA), and
BE IT, FURTHER
RESOLVED, that the Mamaroneck Town Board does hereby authorize the
Town Administrator to execute said renewal contract on behalf of the Town.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Absent
O'Keeffe Aye
2. Designation — Lead Agency Gardens' Lake Improvements
On motion of Councilman Odierna, seconded by Councilwoman Seligson, the
following was unanimously approved;
WHEREAS, Gardens' Lake, located in the Town of Mamaroneck, Westchester
County, NY is bounded by the New England Thruway (Interstate 95) on the East,
North Brook Road to the North and Lakeside Drive to the West and South, and
WHEREAS, in order to improve water quality, wildlife habitat and provide flood
mitigation, select areas of Gardens' Lake will be dredged. Some dredged
materials will be reused onsite to create planting areas. These planting areas will
benefit wildlife by providing habitat and will improve water quality by filtering out
pollutants. The remainder of the material will be disposed of off site at a location
to be determined. An outlet structure will be installed at the north side of the
pond for flood control.
NOW, THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does declare its intent to serve as
lead agency for the coordinated SEAR review of the proposed action as described
above, having determined the proposed action to be an Unlisted Action and will
prepare an Environmental Assessment Form, and
BE IT, FURTHER
RESOLVED, that any objections to the Town of Mamaroneck Town Board
declaring itself as lead agency must be presented in writing within 30 days of the
date of this notice. Any failure to do so will be interpreted as consent that the
Town of Mamaroneck Town Board serve as Lead Agency.
3. Adoption of Resolution — CERT Team
On motion of Councilwoman Seligson, seconded by Councilman Odierna, the following
was approved:
WHEREAS, the Town of Mamaroneck recognizes that one of its most critical
services is protecting the lives and property of its residents, and
WHEREAS, to supplement our existing emergency response departments it is
prudent to have available additional resources that can provide assistance during
times of emergencies and disasters, and
WHEREAS, one mechanism to provide supplementary assistance is through the
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February 25, 2009
creation of a Community Emergency Response Team made up of volunteers from
throughout the Town of Mamaroneck.
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board authorizes the establishment and training of a
Community Emergency Response Team which shall come under the general
supervision of the Town of Mamaroneck Ambulance District Administrator.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Absent
O'Keeffe Aye
4. Resolution —Acceptance, Hearing Officer Report
Supervisor O'Keeffe noted that the Town has had ample time to review the full report by
the Hearing Officer.
On motion of Supervisor O'Keeffe, seconded by Councilman Fishman, the following was
approved;
WHEREAS, in June 2008, the Town Administrator preferred certain disciplinary
charges against Employee Payroll #3251 in accordance with Section 75 of the
Civil Service Law; and
WHEREAS, in July 2008, pursuant to Section 75 of the Civil Service Law, the
Town Board appointed Mr. Anthony Grant as hearing officer to hear the
disciplinary charges preferred against Employee Payroll #3251, to make findings
of culpability as to those charges, and if he found that Employee Payroll #3251
was guilty of any of the charges, to make recommendations as to the
appropriate penalty; and
WHEREAS, on December 29, 2008, Mr. Grant conducted an evidentiary hearing
in connection with the disciplinary charges preferred against Employee Payroll
#3251, and after hearing all of the testimony and reviewing all of the documents
presented at the hearing, Mr. Grant rendered a written Report and
Recommendation dated January 16, 2009, in which he found Employee Payroll
#3251 guilty of all of the disciplinary charges preferred against him, and
recommended that Employee Payroll #3251's employment with the Town be
terminated. and
WHEREAS, the Town Board met in executive session on February 4, 2009 and
February 25, 2009 to review and discuss the entire record in this matter, and to
determine whether to accept, reject or modify the findings of fact made by Mr.
Grant, and if it were determined that Employee Payroll #3251 was guilty of any of
the disciplinary charges, to impose an appropriate penalty therefore; and
NOW, THEREFORE, BE IT RESOLVED THAT, the findings of fact made by Mr.
Grant and the conclusions drawn therefrom by him are supported by the weight
of the evidence presented at the hearing, and therefore, are accepted and
adopted by the Town Board; and
BE IT FURTHER RESOLVED THAT, after reviewing the Report and
Recommendation of Mr. Grant, and discussing in executive session the
disciplinary charges and evidence presented at the hearing, the Town Board
accepts and adopts the findings of Mr. Grant that Employee Payroll #3251 is
guilty of all of the disciplinary charges preferred against him; and
BE IT FURTHER RESOLVED THAT, after reviewing the Report and
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February 25, 2009
Recommendation of Mr. Grant, and discussing in executive session the
disciplinary charges and evidence presented at the hearing, the Town Board
accepts and adopts the recommendation of Mr. Grant that the appropriate
penalty to be imposed upon Employee Payroll #325 1 is termination of his
employment with the Town of Mamaroneck and
BE IT FURTHER RESOLVED THAT, Employee Payroll #3251's employment with
the Town of Mamaroneck is terminated effective February 25, 2009; and
BE IT FURTHER RESOLVED THAT, the Town Administrator is authorized and
directed to take whatever steps are necessary to effectuate the termination of
Employee Payroll #325 I's employment with the Town of Mamaroneck effective
February 25, 2009.
5. Salary Authorization - Recreation
On motion of Councilwoman Seligson, seconded by Councilman Fishmam, 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
Kristopher Mueller Lifeguard $10.75/hour effective retroactive
to 2/16/09
John Spader Lifeguard $8.50/hour effective retroactive
to 2/16/09.
Krystyna Stepien Key Attendant $10.00/hour effective retroactive
to 2/16/09.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Absent
O'Keeffe Aye
6. Approval of Certiorari
On motion of Supervisor O'Keeffe, 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, and
BE IT, FURTHER
RESOLVED, that as part of this settlement of the
tax certiorari for 1890 Palmer Avenue, the
petitioner agrees to discontinue all of the
proceedings involving 10 Byron Place.
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February 25, 2009
Hoffman Investors Corporation
1890 Palmer Avenue
Larchmont, NY 10538
Block: 603 Lot: 6
Town of Mamaroneck/Village of Larchmont
Year Current Assessment Reduced Assessment
1997 $210,000 $197,500
1998 $210,000 $193,000
1999 $210,000 $189,000
2000 $210,000 $184,800
2001 $210,000 $176,400
2002 $210,000 $168,000
2003 $210,000 $123,900
2004 $210,000 $123,900
2005 $210,000 $128,100
2006 $210,000 $121,800
2007 $210,000 $109,200
2008 $210,000 $105,000
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Absent
O'Keeffe Aye
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:
Colony Tenants Corporation
1815 Palmer Avenue
Larchmont, NY, 10538
Block: 603 Lot: 224
Town of Mamaroneck/Village of Larchmont
Year Assessment Reduced Assessment
2000 $153,000 $153,000
2001 $153,000 $153,000
2002 $153,000 $153,000
2003 $153,000 $153,000
2004 $153,000 $153,000
2005 $153,000 $153,000
2006 $153,000 $145,350
2007 $153,000 $139,230
2008 $153,000 $137,700
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Absent
O'Keeffe Aye
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February 25, 2009
APPROVAL OF MINUTES
On motion of Councilman Odierna, seconded by Supervisor O'Keeffe, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does
hereby approve the Board Minutes from the meeting of,
February 4, 2009.
ORAL COMMUNICATIONS
None
WRITTEN COMMUNICATIONS
Mr. Altieri announced that the Town has received from Moody's Investment Service their
reaffirmation of the Town's AAA rating, for old bonds as well as new bonds.
The Board congratulated Mr. Altieri as well as Town Comptroller Mr. Siligato.
SUPERVISOR'S REPORT
Supervisor O'Keeffe reported on her attendance in Albany at the NYS Conference of
Mayors, a highlights being the Stimulus Package. Supervisor O'Keeffe elaborated noting
much discussion involved disbursement of these funds, and the role State Agency's and
Authorities will have in funneling these monies. Of particular interest to the Town is
funding for sewage treatment and water quality. She emphasized that the Town will be
staying in very close touch with Senator Oppenheimer and Assemblyman Latimer.
Supervisor O'Keeffe also reported that the County has received funding through Nita
Lowey's Office, in the amount of$133,000, for Long Island Sound. She then asked
Councilwoman Seligson to elaborate.
REPORT OF COUNCIL
Councilwoman Seligson reported that the $133,000 is coming form the Department of
Agriculture's Natural Resources Conservation Services, which has been the channel for
the restoration projects for water quality improvement in Long Island Sound.
Additionally, she reported that the Long Island Study will not receive the expected
funding in 2009. The State will be passing an Omnibus Bill in March which will amend
this funding. There will be a $2 Million short fall. New York State did increase the State
Revolving Loan Fund, but has little impact on the Town due to our ability to borrow at
low rates. For the Town she hopes that additional funding will come in the way of grants.
Councilwoman Seligson also reported on the cancellation of the last Planning Board
Meeting and the meeting of the Zoning Board this evening, which due to the Town
Meeting, she is not attending. She and other Town Board Members will attend the
R.A.D.A.R. Meeting on February 26tH
Councilman Odierna announced the 36th Annual Seniors' Art Exhibition taking place at
the Larchmont Library's Oresman Gallery March 7th from 2:30—4:30. He was unable to
attend the Recreation Commission's last meeting, as he was on vacation. He will attend
the next Human Rights Meeting on March 9th
Councilman Fishman noted there has been no slow down at the Traffic Committee.
Recent discussions centered around speeding on Kenmare and Copley Roads. The
Committee will readdress the request for a handicapped parking space on Alden Road,
as the Town will be receiving a recommendation from the Committee in the next few
weeks.
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February 25, 2009
ADJOURNMENT
On motion of Supervisor O'Keeffe, seconded by Councilwoman Seligson, the meeting
was unanimously adjourned at 11:00 PM, in memory of Mary McGee. Mary was the
Director of the Federated Garden Club of New York, and served on the Town's
Beautification Committee. Her expertise in floral design won her numerous awards. She
will be remembered as the light in the room whenever she was present. Our sympathy
goes out to her family and friends.
Submitted by
Christina Battalia, Town Clerk
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