Loading...
HomeMy WebLinkAbout2010_03_17 Town Board Minutes March 17, 2010 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON MARCH 17, 2010, BEGINNING AT S:OOPM 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 S:OOPM. Westchester Joint Water Works The Board reviewed an Agreement between Westchester Joint Water Works and the County of Westchester. A study is currently underway to help facilitate an agreement for an alternative to the Westchester Joint Water Works constructing a filtration plant as mandated by the New York State Environmental Protection. The cost of the study would be$75,000, of which the Town would be responsible for approximately$12,000. Of particular interest for the study is whether the Westchester Joint Water Works could pipe into UV treated water at Kensico Reservoir or UV treated water bought from New York City. Final County approval for an option such as this would need to go out to a referendum on the November 2010 ballot. This is an item for the Regular Session of the Town Board Meeting this evening. Long Island Sound Futures Grant Councilwoman Seligson and Councilwoman Wittner spoke with the Board about this grant opportunity. They had previously met with Steve Altieri to determine what projects the Town might want to apply for funding. The Board discussed proposals most relevant to this funding such as catch basin retrofit, brine operation for roads in winter storms, Premium Marsh restoration and rain gardens. There is much work to be done in preparing a grant; Councilwoman Seligson and Councilwoman Wittner will begin to explore the first three proposals and report back to the Town Board. Update Larchmont Library Project Mr.Altieri gave an update on his meeting with John McGarr, Diane Courtney, Director of the Library and Denis Brucciani,Village of Larchmont Treasurer, regarding the Library project. They discussed cash flow for the project and how payments would be outlaid going forward. The Town bonded its shared of the cost in the amount of$700,000 in June of 2008. The Town will begin paying$50,000 a month toward the Library project beginning in March 2010. Metro North Commuter Council The Town Board has been contacted by the Metro North Commuter Council in the hopes of coming to the Town to discuss the role the Council has and gather feedback on any issues and concerns regarding the railroad. The Board discussed setting a date. Notifying residents so they could attend and have their concerns heard will be important. 1 March 17, 2010 Tri-Municipal Shared Services Study Report The Board reviewed the report in detail. The Board agreed the report was well written, but noted there was incorrect factual data relating to budget and revenue. On motion of Councilman Fishman,seconded by Councilwoman Wittner,the Board unanimously agreed to enter into Executive Session to discuss, Employment History of a particular person (s),Certiorari, and to receive advice of counsel. EXECUTIVE SESSION Employment History Certiorari Advice of Counsel On motion of Supervisor O'Keeffe,seconded by Councilman Fishman,the Board unanimously agreed to reenter Work Session. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:50 PM, she then pointed out the location of exits. Supervisor O'Keeffe noted Assemblyman George Latimer was present this evening and she welcomed him to speak. Assemblyman Latimer spoke of the grim state of affairs in Albany. The proposed budget by the Governor is before the Legislature. Two weeks is the deadline for passage. This could be a Year in which the State must revert back to a previous budget. At the beginning of the budget process there was a $7.5 million gap, presently an additional$1.2 million has been added to the gap. Assemblyman Latimer highlighted a number of revenue proposals that have a policy as well as a revenue effect.One being the proposed tax on sugared drinks,another is the proposal to sell wine in grocery stores. Of significance to Westchester residents is the Governor's proposal to eliminate the STAR program for homeowners. Assemblyman Latimer stated this last proposal as being of particular interest to his constituency. Assemblyman Latimer also noted that he will be taking a voluntary pay cut of 3%and will be reducing his staff from 5 positions to 3. PUBLIC HEARING(S) — Truck Prohibition on Harmon Drive The following Notice of Public Hearing is entered into the record as follows: 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, March 17, 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 "Truck Prohibition on Harmon Drive" Law Purpose: The residents on Harmon Drive have concerns over heavy truck traffic that uses Harmon Drive between Rockland Avenue and Weaver Street. There is a safety concern of the turning radius at Harmon Drive & Weaver Street, because of the geometry of the intersection it's virtually impossible for a large truck to make a left or right hand turn without crossing in to oncoming traffic. Therefore,there is a recommendation to prohibit trucks having a gross vehicle weight rating of five or more tons from traveling on Harmon Drive. 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,JuIY and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, New York 2 March 17, 2010 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 2,2010 On motion of Councilwoman Wittner,seconded by Councilman Odierna,the Public Hearing was unanimously opened. Supervisor O'Keeffe asked if anyone wished to comment on the proposed Local Law. On motion of Councilman Odierna seconded by Councilman Fishman, Public Hearing was unanimously closed. 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"Truck Prohibition on Harmon Drive"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 Councilman Odierna,seconded by Councilwoman Wittner,the following Local law was approved: Local Law No. 5-2010 This local Law shall be known as the"Elimination of Large Truck Traffic on Harmon Drive" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: The Town Board determines that because it runs essentially parallel to the New York State Thruway (1-95), Harmon Drive is beleaguered by trucks which use it as a through street to reach other points within the Town of Mamaroneck and beyond. Since Harmon Drive is primarily a residential street, such use disrupts the quality of life of its residents. Accordingly, using the powers given to it by section 1660(a) (28) of the New York Vehicle and Traffic Law,the Town Board hereby addresses this problem. Section 2—Exclusion of Certain Vehicles from Harmon Drive: (a) Trucks, commercial vehicles, tractors, tractor-trailer combinations, tractor-semitrailer combinations and tractor-semitrailer-semitrailer combinations weighing in excess of five (5) tons are prohibited from driving on Harmon Drive from the point where Harmon Drive begins at Weaver Street to the boundary between the Town of Mamaroneck and the Village of Mamaroneck. (b) This section shall not apply to prevent vehicles described in paragraph (a) from delivering or picking up merchandise or other property from properties bordering Harmon Drive. Section 3—Sign(s)to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surface of Harmon Drive indicating the prohibition created by this law. Section 4—Severability: 3 March 17, 2010 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. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 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: 911 Wear FF Cassidy Uniform $ 585.00 AAA Emergency Supply Thermal Batteries $ 329.01 AAA Emergency Supply Hydro Test for Cyl. $ 53.00 A&M Industrial Repair Gas Meter $ 46.00 Brendan Collins Reimb. For Conference Travel $ 18.00 Cablevision Cable Service 2/23-3/22/10 $ 121.51 Cygnus Expositions Conference-FF Napolitano $ 360.00 Uniform Shoes, Belt and Socks for FF Robert's Cassidy $ 145.00 Sal's Pizza Food for Storm Standby on 02/26/10 $ 112.00 Verizon Wireless Service 1/27-2/26/10 $ 276.72 Villa Maria Pizza Food for Colation for FF/Explorer Drill $ 54.12 Westech Elevator Service Contract Jan.&March 2010 $ 350.00 Total: $ 2,450.36 4 March 17, 2010 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. Other Fire Commission Business Commissioner Wittner read correspondence from Chief McCarthy regarding personal escape system funding. Councilwoman Wittner, noted the outstanding job the first responders performed over the weekend,in response to the storm,as well as everyone involved at the Emergency Operations Center. Mr.Altieri gave a report of the storm situation over the weekend and where the restoration efforts are as of today. Of significance was the loss of 30-40 trees, as well as 1,000 residents without power. Mr.Altieri noted the many Town employees who were worked tirelessly over the weekend helping residents. Mr. Altieri noted in his career he has never seen anything like this storm before. There being no further business to come before the Commission,on motion of Commissioner Wittner, seconded by Commissioner Odierna,the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization—Intermunicipal Agreement Westchester Joint Water Works/Westchester County On motion of Councilman Odierna,seconded by Councilman Fishman,the following was approved: WHEREAS,the Westchester Joint Water Works and the County of Westchester wish to enter into a cost sharing agreement to study an alternative to the construction, by the Westchester Joint Water Works, of a water filtration plant as required by the Environmental Protection Agency,and WHEREAS,this agreement has been approved by the Westchester County Board of Legislators pursuant to Act 233-2009 and was authorized by the Board of Acquisition and Contract of the County of Westchester on February 18,2010,and WHEREAS,the budget for this study is$75,000,of which the Town of Mamaroneck would be required to pay approximately$12,000. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve the Interminicipal Agreement between Westchester Joint Water Works and the County of Westchester to share the cost of a study to investigate alternatives to Westchester Joint Water Works constructing a filtration plant, and BE IT, FURTHER RESOLVED,that the Mamaroneck Town Board does hereby authorize the Town Administrator to sign said agreement on behalf of the Town. 5 March 17, 2010 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 2. Authorization— 2010/2011 NYSDOT Snow Removal Agreement&2007/2008 Amendment B to Change the Estimated Expenditure On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,the following was approved: WHEREAS,on April 1,2009 the Town of Mamaroneck approved Snow&Ice Control Agreements with the New York State Department of Transportation for the years 2007/2008, 2008/2009 and 2009/2010,and WHEREAS,the New York State Department of Transportation has amended the reimbursement the Town of Mamaroneck will receive for the years 2007/2008. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve the Amendment B Agreement with the New York State Department of Transportation for the years 2007/2008 to reflect a total reimbursement of$14,017.07,and BE IT, FURTHER RESOLVED,that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said amendment and 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 On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,the following was approved: WHEREAS,on April 1,2009 the Town of Mamaroneck approved Snow&Ice Control Agreements with the New York State Department of Transportation for the years 2007/2008, 2008/2009 and 2009/2010,and WHEREAS,the New York State Department of Transportation has agreed to extend the Snow and Ice Agreement for the years 2010/2011. NOW,THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve the Snow and Ice Control Agreement with the New York State Department of Transportation for the years 2010/2011 at a rate of$1,565.00 per lane mile for 9.17 lane miles for a total of$14,351.05,said agreement will end on June 30,2011,and BE IT, FURTHER RESOLVED,that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute said amendment and agreement on behalf of the Town. 6 March 17, 2010 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 3. Authorization to Create Trust Funds On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,the following was unanimously approved: WHEREAS,the Department of Community Services routinely receives donations that are earmarked for those who have a particular hardship or to assist with programming in the department. NOW,THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve the establishment of the following trust funds: Meals on Wheels Trust Fund-Account#T-1112 Virginia Bishop Trust Fund-Account#T-113 Discretionary Trust Fund—Account#T-115 4. Authorization—Westchester County/Town of Mamaroneck Property Tax Warrant On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was RESOLVED,that Anthony S.Siligato, Receiver of Taxes of the Town of Mamaroneck is hereby commanded pursuant to the provision of the Westchester County Tax Law,Article 16,Chapter 852, Laws of 1948,as amended,and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 17,2010, by authority of Chapter 313 of Laws of 1934,to receive and collect from the several persons named in the Assessment Roll hereunto annexed by the Westchester County Tax Law,Article 16, Chapter 852 of the Laws of 1948,as amended,for the neglect to pay the Judicial,County,Town and Town District Taxes,charges for services, exemptions removed,and water arrears after the levy thereof as follows: Judicial and County Taxes $38,353,477.00 Town and Town District Taxes 19,446,137.00 Charges for Services -0- Exemptions removed -0- Water arrears -0— $57,799,614.00 And you are hereby directed to deposit to the credit of the Town of Mamaroneck into the JP Morgan Chase Bank,all of such monies so collected by you by virtue of this warrant. And you are further commanded to make and file with the undersigned,the Supervisor of the Town of Mamaroneck,as required by the Westchester County Tax Law,Article 16, Chapter 852, Laws of 1948,as amended,the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law,Article 16, Chapter 852, Laws of 1948,as amended. 7 March 17, 2010 And in case any person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties(after giving the notices and waiting the time as specified in said Act)you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law,Article 16,Chapter 852 of the Laws of 1948,as amended,and for so doing this shall be your sufficient warrant. Given under my hand and seal at the Town of Mamaroneck,Westchester County, New York,on the 17th day of March 2010. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 5. Set Public Hearing—Overnight Parking Exemption—Laurel Avenue Dennis O'Toole 102 Laurel Ave asked to address the Board regarding this proposed Local Law. Supervisor O'Keeffe noted to Mr.O'Toole that this evening is just the setting of the Public Hearing and not the hearing itself and he should return on the night of the hearing. Mr.O'Toole wanted the Board to know he was very much in favor of this change in overnight parking and was quite impressed with the response and coordination he has seen from the Traffic Committee and the Town. On motion of Councilwoman Wittner,seconded by Councilman Fishman,the following was unanimously approved: WHEREAS,at the February Traffic Committee Meeting consideration was given to the issue of overnight parking on Laurel Ave,and WHEREAS,currently Laurel Ave is one of approximately 14 streets in the Town of Mamaroneck that are exempt from the 3:00 am to 6:00 am parking ban. NOW,THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the Overnight Parking Exemption on Laurel Avenue for April 7,2010 at 8:15 in the Court Room of the Town Center,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. 6. Report of Bids—TA-10-01 Garden's Lake Restoration Project Mr.Altieri explained that the contract called for the use of Geotubes for the storage and de-watering of the dredged spoils. Geotube technology was considered a more efficient and cleaner method for handling this material. The bid also specified the installation of a coffer dam to re-route the Sheldrake River during the dredging of the lake. The bids the Town received were significantly higher,the lowest being over by 8 March 17, 2010 $600,000.00. In the next two weeks the Town will evaluate a re-design of the project. Therefore, Mr. Altieri is recommending these bids be rejected. The schedule of bids is entered into the record as follows: Attachment A On motion of Councilwoman Wittner,seconded by Councilman Odierna,the following was unanimously resolved, WHEREAS,the Town publicly opened and read (5)five bids for TA-10-01 Gardens' Lake Restoration Project on March 3,2010,and WHEREAS,the estimated cost of the project was$1.6 million,with funding coming from a New York State grant in the amount of$400,000,a Westchester County grant in the amount of$600,000,and the balance from the Town in the amount of$600,000, and WHEREAS,the bid received ranged from$2.3 to $4.7 million,the lowest being $600,000 over the estimated cost of the project. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby reject the bids for TA-10-01 Gardens' Lake Project,due to budgetary restrictions. 7. Salary Authorization— Recreation On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner,it was RESOLVED,that as provided for in the 2010 Town Budget the Mamaroneck Town Board does hereby authorize the payment of salary to the following: Spring Hockey Program effective March 20,2010 Tommy Greason Instructor $30 per hour Joe Carducci Assistant Instructor $8 per hour Scott Hagan Assistant Instructor $8 per hour Joe Muratore Assistant Instructor $7 per hour The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye Community Services On motion of Supervisor O'Keeffe,seconded by Councilman Odierna,it was RESOLVED,that the Mamaroneck Town Board does hereby appoint Godfrey Alleyne 9 March 17, 2010 a driver for the Town's Senior Center effective March 11,2010,at an hourly rate of $12.00. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 8. Approval of Certiorari On motion of Councilwoman Seligson,seconded by Councilman Odierna,it was RESOLVED,that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Palmer Terrace Cooperative, Inc. Palmer&Rockland Avenues Mamaroneck, NY 10543 Block: 904 Lot: 1 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2005 $418,500 $413,700 2006 $418,500 $384,850 2007 $418,500 $351,540 2008 $418,500 $338,580 2009 $418,500 $341,850 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye APPROVAL OF MINUTES—March 3, 2010 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 March 3,2010. ORAL COMMUNICATIONS 10 March 17, 2010 Abby Katz, Larchmont Gardens'Civic Association,addressed the Board and praised the Town for its response to the storm over the weekend. Ms. Katz also noted that Con Edison had brought back the use of a liaison for the Town, residents were happy about that. Ms. Katz asked for an update on the continued break-ins and was told that crime was actually down in the Town. Supervisor O'Keeffe reminded residents that these are crimes of opportunity and everyone should be diligent about locking their cars. Supervisor O'Keeffe also noted that Lt. Koziak has offered to come back and speak with residents. The Larchmont Gardens'Civic Association,annual meeting will be held on May 4,at the Weaver Street Fire House at 8:OOPM. The Spring Fling will be May 15. Asking about additional twig pickup, Mr.Altieri informed residents that additional pick up was taking place thru Monday March 22. Bundles still need to be 4' by 4' but the bundle tying requirement has been lifted. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Odierna attended the Wine Tour sponsored through the Village of Mamaroneck.Councilman Odierna attended the League of Women Voters Meeting on March 3,the Recreation Commission Meeting on March 9,the Planning Board Meeting on March 10,the Senior Citizen's Saint Patrick's Day Lunch,and the Summit Meeting on March 16. Councilman Odierna will be attending the Senior Citizen 'Senior Prom' on March 23. Councilwoman Witmer noted the great Senior Citizen's Saint Patrick's Day Lunch. Councilwoman Wittner attended the award ceremony honoring Ruth Kornblum,at the Sarah Neuman Home. Ms. Kornblum was a pilot in WWII,and was honored for her continued volunteering at Sarah Neuman. Councilwoman Wittner said it was a wonderful ceremony honoring a wonderful woman. Councilwoman Seligson congratulated Officer Rui for another outstanding D.A.R.E Graduation Ceremony. Councilman Odierna interjected by saying the readings were outstanding! Councilwoman Seligson attended her first Traffic Committee Meeting as liaison on March 16. Once again she thanked the many dedicated residents who volunteer to be on various Town Boards and Commissions. Councilman Fishman commented on the Consolidation/Shared Services Committee Report of which he was a part of,adding it is a great start to discussions back and forth. Councilman Fishman looks forward to moving forward with real and practical changes in a reasonable time frame. SUPERVISOR'S REPORT Supervisor O'Keeffe thanked Bill Denzer and all the members of the Consolidation/Shared Services Committee for their hard work. The Town is looking forward to studying the report and seeing where we can move forward. Supervisor O'Keeffe congratulated the newly elected Village of Larchmont Mayor and their new Trustee Jaine Eney. Supervisor O'Keeffe congratulated Liz Feld for her years of dedicated service to the Village. ADJOURNMENT On motion of Councilwoman Wittner,seconded by Councilman Fishman the meeting was unanimously adjourned at 10:30PM. Submitted by Christina Battalia,Town Clerk 11