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HomeMy WebLinkAbout2010_03_03 Town Board Minutes March 3, 2010 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON MARCH 3,2010, BEGINNING AT S:OOPM IN CONFERENCE ROOM C 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: Linda Silvestre, Deputy Town Clerk(Work Session) Christina Battalia,Town Clerk(Regular Meeting) Stephen V.Altieri,Town Administrator William Maker,Jr.,Town Attorney CALL TO ORDER-WORK SESSION On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner,the Work Session was unanimously opened at S:OOPM. On motion of Councilman Odierna,seconded by Councilwoman Wittner,the Board unanimously agreed to enter into a Joint Executive Session,with the Village of Mamaroneck, to discuss acquisition of land. EXECUTIVE SESSION Acquisition of Land On motion of Councilman Odierna,seconded by Councilman Fishman,the Board unanimously agreed to re- enter Work Session. Ambulance District—Replacement of Ambulances Mike Liverzani,Ambulance District Director was present. Currently the Mamaroneck Emergency Medical Squad (MEMS)is working on the replacement of the 2000 model year ambulance for an estimated cost between $115,000 and $120,000.At this time, MEMS has set aside$70,000 for a new ambulance. The MEMS second ambulance is a 2004,which would likely need replacement over the next three to four years. The Board discussed the proposal for the Town of Mamaroneck to hold a public hearing for proposed borrowing of funds for the replacement of the 2000 ambulance. The new ambulance would then be leased back to MEMS at a nominal fee. The Town Attorney will be drafting a lease agreement School District Use of Hommocks Ice Rink The Board discussed a request by the Mamaroneck School District to apply their 50 free hours of Ice Rink use to other than the previously agreed upon use by the physical education program. Specifically this would be the Inter-Scholastic Hockey Program. The recommendation is to allow the request with certain restrictions to be specified. A formal resolution will be prepared for the Town to review at a future Town Board Meeting. 1 March 3, 2010 Community Gardens Correspondence was received by Caroline Silverstone,with respect to possibly establishing a community garden at the Hommocks site similar to the one established at Ward Acres. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:45 PM, she then pointed out the location of exits. PUBLIC HEARING "Restricted Parking on the west side of Chester Place and on a section of the north side Moran Place" Law Doris Block,Chair of the Traffic Committee,was present. The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING Cancelled February 10,2010 Adjourned February 11,2010 PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, March 3, 2010 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 "Restricted Parking on Chester Place and Moran Place" Law Purpose:The Traffic Committee was presented by the residents of Chester Place and Moran Place about the parking of both sides of these streets. Most of the vehicles parked on the streets come from the automobile dealerships located on the Boston Post Road. Chester Place and Moran Place are both relatively narrow streets and therefore, during the day it is virtually impossible for two-way traffic to flow efficiently. There is also a concern that emergency vehicles would have difficult time accessing these streets. Therefore, after considering this matter the Traffic Committee is recommending the following; on Chester Place, between Dillon Road and Moran Place parking will be prohibited on the west side of the street at all times. On Moran Place parking would be prohibited from the corner of Chester Place for a distance of 300 feet on the north side of Moran Place. The full text of this Local Law may be examined and copies obtained at the Town Clerk's office during regular hours, Monday- Friday, 8:30 AM to 4:30 PM, In June,July and August until 4:00 PM 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 18,2010 On motion of Councilman Fishman,seconded by Councilwoman Seligson,the Public Hearing was unanimously opened. 2 March 3, 2010 Supervisor O'Keeffe asked if anyone wished to comment on the proposed Local Law. Pauline Greeman,72 Lester Place and Tilly Brush,63 Lester Place,addressed the Board.They favored the proposed law but also felt other restrictions should be implemented. Ms.Greeman and Ms. Brush stated there were issues with commercial parking,especially from dealership employees,along Chester Place. This is causing continued problems for residents. The problem seems to be exacerbated by the landlord of the Staples/CVS Shopping Center prohibiting non patron parking in their lot. The Board was receptive to these concerns and discussed possible solutions. The Board recommended that these issues be brought to the Traffic Committee. On motion of Councilwoman Wittner,seconded by,Councilman Fishman,the Public Hearing was unanimously closed. On motion of Councilwoman Wittner,seconded by Supervisor O'Keeffe,it was unanimously RESOLVED,that the Mamaroneck Town Board finds that the adoption of the proposed local law"Restricted Parking on the west side of Chester Place and on a section of the north side Moran Place"is hereby declared to be a Type II Action, with no impact under the New York State Environmental Quality Review Act (SEQRA)and requiring no further action. On motion of Councilwoman Wittner,seconded by Councilman Fishman,the following Local law was unanimously approved: Local Law No.4-2010 This local law shall be known as the "Restricted parking on the west side of Chester Place and on a section of the north side Moran Place" Law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: Chester Place and Moran Place are so narrow that it is very difficult for two-way traffic to flow efficiently. The Town Board finds that it is in the public interest to restrict parking on these streets. This law is designed to implement the Town Board's finding. Section 2—Prohibition of parking on the west side of Chester Place: Parking of motor vehicles on the west side of Chester Place between Dillon Road and Moran Place is prohibited. Section 3—Restriction of parking on a section of the north side of Moran Place: Parking on the north side of Moran Place for a distance of three hundred (300) feet from the point where Moran Place terminates at Chester Place is prohibited. Section 4-Sign(s)to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or striping shall be painted on the surfaces of Chester Place and Moran Place indicating the area where parking is prohibited. Section 5—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 6—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. PUBLIC HEARING 3 March 3, 2010 "Restricted Parking on both sides of Preston Street" Law The following Notice of Public hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING Cancelled February 10,2010 Adjourned February 11,2010 PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, March 3, 2010 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 "Restricted Parking on both sides of Preston Street" Law Purpose: There is continuing problem of commuters parking on Preston Street all day long.This creates an inconvenience for residents on the street and sets a precedent for all day parking by commuters.Therefore,the recommendation of the Traffic Committee is to prohibit parking on both sides of Preston Street between 6:00 AM and 10:00 AM Monday through Friday except holidays. The full text of this Local Law may be examined and copies obtained at the Town Clerk's office during regular hours, Monday- Friday,8:30 AM to 4:30 PM, In June,July and August until 4:00 PM 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 18,2010 On motion of Councilman Fishman,seconded by Councilwoman Seligson,the Public Hearing was unanimously opened. Supervisor O'Keeffe asked if anyone wished to comment on the proposed Local Law. Kathryn Wachs,31 Edgewood Avenue,addressed the Board. She favors restricting parking, but is concerned that residents will be inadvertently negatively affected. Ms.Wachs, read letters from Terry DeCicco-Duggan residing at 2 Preston Street. Ms. Duggan has an easement with her neighbor at 82 Myrtle Blvd,in which she must keep her driveway clear from 6:OOam to 10:OOpm. Ms. Duggan, therefore must park on the street during those hours. A letter was also read by Ms.Wachs from Frank Diaz-Balart who felt strongly that the commuter parking along Preston should be curtailed. The aforementioned letters were received by the Town Clerk and entered into the record. The Board discussed modifying the restricted times so as to allow resident parking on Preston. Therefore, the local law would state no motor vehicle shall be parked on north side of Preston Street between the hours of 10:00 AM and 11:00 AM on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of each week. No motor vehicle shall be parked on south side of Preston Street between the hours of 2:00 PM and 3:00 PM on Mondays,Tuesdays,Wednesdays,Thursdays and Fridays of each week. On motion of Councilwoman Wittner,seconded by,Councilwoman Seligson,the Public Hearing was unanimously closed. 4 March 3, 2010 On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,it was unanimously RESOLVED,that the Mamaroneck Town Board finds that the adoption of the proposed local law"Restricted Parking on the west side of Chester Place and on a section of the north side Moran Place"is hereby declared to be a Type II Action, with no impact under the New York State Environmental Quality Review Act (SEQRA)and requiring no further action. On motion of Councilwoman Wittner,seconded by Councilman Fishman,the following Local Law was unanimously approved: Local Law No. 3-2010 This local law shall be known as the"No Parking on Preston Street" Law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: Preston Street is in the vicinity of the Larchmont Train Station. The Town Board finds that it is being used for parking by commuters to the detriment of the residents. This law seeks to remedy the problem by eliminating parking on Preston Street on the days and at the times when commuters are most likely to park there. Section 2—Restriction of Parking on Preston Street: No motor vehicle shall be parked on north side of Preston Street between the hours of 10:00 AM and 11:00 AM (prevailing time) on Mondays,Tuesdays, Wednesdays, Thursdays and Fridays of each week. No motor vehicle shall be parked on south side of Preston Street between the hours of 2:00 PM and 3:00 PM (prevailing time) on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of each week. This law shall not apply on holidays. Section 3—Sign(s)to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or striping shall be painted on the surface of Preston Street indicating the area where and the times when parking is prohibited by this law. Section 4—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 5—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 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 5 March 3, 2010 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 Shields for Russo&Collins $330.00 AAA Emergency Supply Shield for Hecht $145.00 A&M Industrial Charger for CO Meter $90.40 A&M Industrial Co Detector Meter Repair $46.00 Brewers Supplies $12.04 Con Edison Gas 12/31-2/1/10 $22.46 GC Reliable Service to HVAC System $475.00 IKON Copier Service 1/30-2/27/10 $218.32 Broadway Minerva Cleaners Gear Cleaning&Repair for FF Pierce $66.00 Poland Springs January 2010 Water $78.07 Proftech Supplies $123.76 Sound Shore Contracting Repairs to men's bathroom $91.00 Town of Mamaroneck P.F.F.A. Life Ins. Premium Feb.'10 $188.64 Verizon Phone Service 2/10-3/9/10 $279.74 Verizon Wireless Service 12/27-1/26/10 $273.52 Food for Collation for Snow Storm Villa Maria Pizza Standby $136.80 Westchester Cty.Volunteer Firemen's Assoc. 2010 Dues $15.00 Westchester-Putnam Council Boys Scouts TMFD Explorer Venture 2010 $231.25 Westech Elevator Service Contract Feb.2010 $175.00 Total: $2,998.00 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. Rescind Prior Resolution On motion of Commissioner Fishman,seconded by Commissioner Odierna,the following was approved. WHEREAS,on January 20,2010 the Fire Commission passed a resolution approving the transfer of funds for the purchase of a new generator for Ladder 19,and WHEREAS,the Fire Department is considering the purchase of new fire apparatus; rendering the replacement of this generator unnecessary. NOW THEREFORE, BE IT RESOLVED,that the Fire Commission does hereby rescind the resolution of January 20,2010 approving the transfer of funds in the amount of$25,000 from the Fire District unreserved balance, to the Highway Fund Account#DB5130.4243. 6 March 3, 2010 3. Salary Authorization On motion of Commissioner Odierna,seconded by Commissioner Wittner,it was RESOLVED,that the Mamaroneck Town Board does hereby appoint Michael Cassidy a firefighter with the Town of Mamaroneck Fire Department effective March 1,2010 at an annual salary of$32,000,and BE IT, FURTHER RESOLVED,that the Mamaroneck Town Board does hereby appoint Melissa Brady a firefighter with the Town of Mamaroneck Fire Department effective April 5,2010 at an annual salary of$32,000. 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 4. Fire Report September 2009. Commissioner Wittner read the Fire Report for the Months of January and February 2010 as submitted by Chief McCarthy as follows: January 2010 ALARM TYPE NUMBER Generals 31 Minors 27 Stills 4 Out of Town (Mutual Aid) 0 EMS 18 Drills 2 TOTAL 83 Total number of personnel responding: 1088 Total time working: 33 hours and 37 minutes February 2010 ALARM TYPE NUMBER Generals 18 Minors 14 Stills 0 Out of Town (Mutual Aid) 0 EMS 20 Drills 2 TOTAL 54 Total number of personnel responding: 676 Total time working: 20 hours and 10 minutes 7 March 3, 2010 There being no further business to come before the Commission,on motion of Commissioner Wittner, seconded by Commissioner Fishman,the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Proposed Site Plan Amendment—Byron Place Associates Andrew Tung,of Divney Tung and Schwalbe introduced representatives from Byron Place Associates Jeff Weir and John Myers,as well as their architectural consultant Ray Sullivan of Sullivan Architectural Group. Andrew Tung,architect for the project spoke directly to the Board regarding a request and proposal to amend the Special Permit for the residential project now known as Byron Place. The proposed amendment would increase the total number of units by 10,from 139 to 149 units. There would also be one(1) additional affordable housing unit added to the current requirement of 9;where only nine is required there would now be 10. Mr.Tung emphasized there will be no changes to the building's volume,shape or size. Mr.Tung also discussed changes to the entrances to the internal parking garages.The entrance on Maxwell Avenue would move 45 feet south and the entrance on Byron Place would move 4 feet north. Fifteen additional spaces would be added,as required with the additional units. The amendment also proposes the removal of an internal ramp that if removed and replaced with an internal wall would create 6 additional parking spaces. Mr. Maker was asked by Councilman Odierna what the next step would be. Mr. Maker replied that the Town Board would need to refer this amendment to the Planning Board and a lead agency needs to be established. On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby designate itself as lead agency for the proposed amendment to the Special Permit for the residential project now known as Byron Place,and BE IT, FURTHER RESOLVED,that the Mamaroneck Town Board does hereby direct the Town staff to send out the appropriate notices to the other potential lead agencies. On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby refer the proposal to amend the Special Permit for the residential project now known as Byron Place to the Planning Board. 2. Transfer of Funds—Hommocks Road Improvements On motion of Councilman Odierna,seconded by Councilwoman Seligson,the following was approved, WHEREAS,in June of 2009 the Town received from the Town of Mamaroneck Housing Authority a payment in the amount of$40,000 in accordance with the lease agreement between the Town and the Authority,and WHEREAS,the Town passed a resolution authorizing the funds to be used to construct pedestrian safety improvements on Hommocks Road between the Hommocks Park Apartments and the Hommocks Middle School,and WHEREAS, the project was completed in August of 2009,and a resolution authorizing the transfer 8 March 3, 2010 of funds to the capital fund needs to be approved for the 2009 fiscal year. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby authorize the transfer of funds in the amount of$40,000 from the unreserved account of the General Fund Townwide Fund to the Capital Project#29-19,Account#H5110.0400.5026. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 3. Appointment—Zoning Board On motion of Councilman Fishman,seconded by Councilwoman Seligson,the following was unanimously approved, WHEREAS, Linda Harrington has resigned as Member B of the Zoning Board of Appeals. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby appoint Robert Viner, who previously served as an Alternate Member of the Zoning Board,as Member B to fill the unexpired term of Linda Harrington, and BE IT, FURTHER RESOLVED,that the foregoing appointments shall be effective immediately upon appointees taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31,2013. 4. Solid Waste Agreement—Police On motion of Councilman Fishman,seconded by Councilwoman Wittner,the following was approved WHEREAS,during the course of its activities the Town Police Department accumulates drugs and drug paraphernalia that are confiscated during arrests,that must be properly disposed of. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve the agreement with Waste Management Inc.to dispose of drugs and drug paraphernalia within the Police Department for a sum of$275.00,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. The above resolution was put to a roll call vote: 9 March 3, 2010 Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 5. Salary Authorizations Highway Department On motion of Councilman Fishman,seconded by Councilwoman Wittner,it was Appointment was , rescinded on RESOLVED,that the Mamaroneck Town Board does hereby appoint Kenan Becic a i TBM 4/7/2010 heavy duty automotive mechanic at the Highway Garage effective March 15,2010 at an annual salary of$48,240. ---------- � The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye Recreation On motion of Councilman Fishman,seconded by Councilman Odierna,it was RESOLVED,that as provided for in the 2010 Town Budget the Town Board does hereby authorize the payment of salary to the following: Hommocks Park Ice Rink John Donaghy Skate Guard $9/hour effective retroactive to 2/7/10. Recreation Office Eileen Puleo Camp Office Aide $13/hour effective 3/1/10. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye APPROVAL OF MINUTES—January 20,2010, February 3,2010 and February 11,2010 On motion of Councilman Odierna,seconded by Councilman Fishman,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of January 20,2010, February 3,2010 and February 11, 2010. ORAL COMMUNICATIONS 10 March 3, 2010 Kathy Sears, Larchmont Gardens'Civic Association,addressed the Board asking for updates on the Gardens' Lake project,the discoloration on the stairwell at the train station and the repair of the sidewalks on Brookside Drive. Mr.Altieri responded that bids were opened today for the Gardens' Lake project,adding the bids were significantly higher than expected and that the Town would be reviewing that at the next Town Board Meeting. The apparent rust at the train station is actually normal discoloration and no cause for concern. As for the sidewalks,the bond company is scheduled to do an onsite review next week. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Fishman attended the Zoning Board Meeting last month and tomorrow he will be attending the last meeting of the Consolidation and Shared Services Committee Meeting,at which they will be approving a final draft of their report to be presented to the Town and Village Boards shortly. Councilwoman Seligson attended the Coastal Zone Management Commission Meeting again to speak about the creation of an Environmental Committee,adding the Coastal Zone Management Commission is very excited about this effort.Councilwoman Seligson encouraged any residents with an interest in helping with this endeavor to contact the Town. Councilwoman Wittner also attended the Coastal Zone Management Commission Meeting,adding she read in the Sound and Town that the Village of Mamaroneck is rewriting their Local Waterfront Revitalization Program. It would appear that storm water management would be their impetus.This morning she attended the Long Island Sound Watershed Inter-Municipal Council. They are preparing to acquaint the municipalities with the Council's progress to date and what is being considered. Councilman Odierna noted the joint meeting the Village of Larchmont and the Town held in reviewing the budget for the Larchmont Library.Councilman Odierna attended the Recreation Commission Meeting. It appears that residents are enjoying the online brochure very much. Councilman Odierna noted he was recently on vacation in Costa Rica,where it was very hot but wonderful,adding he was glad to be back in cooler weather. Councilman Odierna also attended the Association of Towns Conference in NYC,adding one item of note among many was the need for Towns to update their long range plans. Councilman Odierna encouraged his fellow Council members to consider this as a future project. Councilman Odierna noted the arrival of the new Town web site scheduled to go live this coming Monday. SUPERVISOR'S REPORT Supervisor O'Keeffe recently attended the Association of Mayors Conference in Albany,adding we are in a very sad state of affairs for many municipalities.The usual speakers,Governor Patterson and Sheldon Silver did not address the Conference, but Senator Charles Schumer and State Comptroller Thomas DiNapoli did. ADJOURNMENT On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner the meeting was unanimously adjourned at 10:55PM. Submitted by Christina Battalia,Town Clerk 11