Loading...
HomeMy WebLinkAbout2010_09_15 Town Board Minutes September 15, 2010 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON SEPTEMBER 15,2010, 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 Councilwoman Nancy Seligson Councilman David J. Fishman ALSO PRESENT: Christina Battalia,Town Clerk Stephen V.Altieri,Town Administrator William Maker,Jr.,Town Attorney ABSENT: Councilman Ernest C.Odierna CALL TO ORDER-WORK SESSION On motion of Councilwoman Seligson,seconded by Councilwoman Wittner the Work Session was unanimously opened at 5:15PM. Town's 350TH Anniversary The Board discussed ideas for the Town's upcoming Anniversary in 2011. Councilwoman Seligson and Town Clerk Christina Battalia agreed to reach out to possible Committee Members. Internal Revenue Service Audit The Board reviewed a memo from Steve Altieri outlining the highlights of the IRS's findings and steps the Town will need to take in moving forward to resolve the issues. Update Gardens' Lake Project The Board reviewed a memo from Steve Altieri outlining construction activity to date. Dog Licensing On January 1,2011, Municipal Governments will assume all dog licensing functions within New York State. The Board received an update from the Town Clerk on how the Town is planning for these changes. Senior Citizen Transportation Services The Board reviewed a memo, prepared at the request of the Town Supervisor,outlining the Senior Citizen Transportation Programs. The Board discussed a proposal to eliminate the Taxi Voucher Program and replace it with a 'jitney'type program. During budget discussions the Board will review this proposal in more detail. New Business It was suggested by Councilwoman Seligson that the Board reach out yearly to all Chair Persons of the Town's Boards and Commissions. 1 September 15, 2010 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. EXECUTIVE SESSION Employment History of a Particular Person On motion of Supervisor O'Keeffe,seconded by Councilwoman Seligson,the Board unanimously agreed to re-enter Work Session. On motion of Councilman Fishman,seconded by Councilwoman Wittner,the Board unanimously agreed to re-enter an Executive Session to discuss Employment History of a particular person. EXECUTIVE SESSION Employment History of a Particular Person On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,the Board unanimously agreed to re-enter Work Session. CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:30 PM, she then pointed out the location of exits. PUBLIC HEARING(S) — "Bond Requirements for Tank Removal" Law The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING September 15,2010 PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, September 15, 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 "Bond Requirements for Tank Removal Law". Purpose: The Town's current law regarding the requirement that contractors post bonds to protect against damage they may cause during the removal of oil or gas tanks is not specific and could result in a debate over or a challenge of that requirement. To remove all doubt, the Attorney for the Town, working in conjunction with the Town's Superintendent of Highways, Engineer and Director of Building Code Enforcement and Land use Administration, have proposed amending Section 158-5 of the Code of the Town of Mamaroneck. The full text of this Local Law may be examined and copies obtained at the Town Clerk's office during regular office hours, Monday - Friday, 8:30 AM to 4:30 PM and during the months of June, July and August, Monday — Friday, 8:30 AM to 4:00 PM. The Town Clerk's Office is located at 740 W. Boston Post Road, Mamaroneck, New York. PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will have an opportunity to be heard and that all persons are invited to submit all written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK Published: September 1,2010 2 September 15, 2010 On motion of Councilman Fishman,seconded by Councilwoman Wittner,the Public Hearing was unanimously opened. Supervisor O'Keeffe asked if anyone wished to comment on the proposed Local Law. Rene Henry of Patch.com asked what the amount of the bond would be. Mr. Maker replied there was a 'floor'of$1,500,adding that specific bond amounts would be determined by the Building Department. On motion of Councilwoman Wittner,seconded by Councilman Fishman,the 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"Bond Requirements for Tank Removal" Law 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 Seligson,seconded by Councilman Fishman,the following Local law was approved: Local Law No. 7-2010 This local law shall be known as the"Bond Requirements for Tank Removal" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: The Town's current law regarding the requirement that contractors post bonds to protect against damage they may cause during the removal of oil or gas tanks is not specific and could result in a debate over or a challenge of that requirement. To remove all doubt, the Attorney for the Town, working in conjunction with the Town's Superintendent of Highways, Engineer and Director of Building Code Enforcement and Land Use Administration, has drafted the following section for the Town Code. Section 2—Amendment of a current section of the Mamaroneck Code: Section 158-5 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 158-5. Prior approval of plans. A. Except as provided in the last sentence of§158-5 A.,the Director of Building Code Enforcement and Land Use Administration must issue a permit before any plumbing work, including the installation of gas appliances or the installation, removal or abandonment of oil or gas storage tanks, is started or before there are any additions or alterations made to existing installations. The application for the permit shall be made on forms approved by the Director of Building Code Enforcement and Land Use Administration and shall be signed by a licensed master plumber. The application shall be filed in the office of the Director of Building Code Enforcement and Land Use Administration, together with plans and a description, in duplicate, showing and describing the proposed plumbing work. No permit shall be required when the only plumbing work to be done is the removal of stoppages, the repair of leaks or when plumbing fixtures or residential cooking appliances are replaced without altering or disturbing any gas supply piping,drain,soil,waste or vent pipe. B. The plans filed with the application shall consist of such floor plans and sections as maybe necessary to show clearly all the work to be done, including all sewers, drains, soil, waste and vent pipes. The plans also shall show the location of fixtures, their traps and connections.The plans may be drawn to scale in ink or be prints produced to scale. C. If the plumbing work involves the installation, removal or abandonment of an oil or gas storage tank, the Director of Building Code Enforcement and Land Use Administration cannot issue a permit until a performance bond or a cash bond is posted with the Town by 3 September 15, 2010 the permittee or the owner of the property on which the plumbing work is to be performed. The amount of the bond shall be sufficient to cover the cost of repairing any property, public or private,that may be damaged during the course of the plumbing work for which the permit is issued and shall be fixed by the Director of Building Code Enforcement and Land Use Administration in consultation with the Town Engineer. Under no circumstances shall the amount of the bond be less than $1,500.00. In cases where a Street Opening Permit also is issued,the Director of Building Code Enforcement and Land Use Administration may allow a single bond for both permits if he or she determines that a single bond will be sufficient for the purposes of this chapter and of Chapter 187. Any bond posted under this chapter shall be released to the person who posted it no later than six(6) months year after a certificate of completion is issued for the plumbing work covered by the permit, provided that such work is done in accordance with the provisions of the permit and the provisions of any Street Opening Permit and that all areas disturbed during the work (including any rights-of-way) are restored to a condition that is satisfactory to the Town Engineer. D. Modification of approved plans or of the work described therein shall not be permitted until such changes are approved, in writing, by the Director of Building Code Enforcement and Land Use Administration on written application, signed by a master plumber. E. A permit for plumbing work shall expire six(6) months from date it is issued unless the plumbing work for which the permit has been issued is in progress. If the permit expires, the applicant shall be required to reapply for a permit for plumbing work pursuant to this section. Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction,such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law,which may be implemented without the invalid or unconstitutional provisions. Section 4—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Absent Wittner Aye O'Keeffe Aye BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe then on motion of Commissioner Wittner, 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: Phyllis Wittner Commissioner: Nancy Seligson Commissioner: David J. Fishman Absent was the following member of the Commission: Commissioner: Ernest Odierna 4 September 15, 2010 1. FIRE CLAIMS Commissioner Fishman presented fire claims for authorization of payment,thereafter on Commissioner Fishman'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 Uniform for Chief Russo 351.00 AAA Emergency Supply Co. Scott Carbon Air Cylinders-Filled and Delivered. 6,182.40 AAA Emergency Supply Co. Career Staff Uniforms 478.75 AAA Emergency Supply Co. 30 Minute Flares 324.00 AAA Emergency Supply Co. Scott Calibration Gas Cylinder 197.60 AAA Emergency Supply Co. Universal Spanners 90.00 AAA Emergency Supply Co. Nozzle Repair 85.75 AAA Emergency Supply Co. Goggle Sleeve 60.00 AAA Emergency Supply Co. Fire Ext.lnspection &Recharge 42.00 AAA Emergency Supply Co. Stream Light Repair 36.00 A&M Industrial Supply MSA Calibration Gas&Inserts 365.00 A&M Industrial Supply MSA Kits 362.00 Amazon.Com GPS 158.39 Andres DeLasa Reimb. For F.F. Helmet 314.00 Cablevision Cable Service 7/23-8/22/10 117.85 Cablevision Cable Service 8/23-9/22/10 117.85 Clean Air Co. Exhause System Repair 391.00 Con Edison June 29-July 29,2010 Gas Service 204.38 Con Edison July 29-Aug 27,2010 Gas Service 181.92 ESS Inc. Beeper Repair 331.50 Fire End &Croker Akron Straight Tips and Pyrolite Shutoff 384.65 Fire End &Croker Shipping Charges 14.29 Fire One Fire Hose Testing 3,428.48 Fire One Ground Ladder Testing 840.00 Fire One Aerial Device Testing 725.00 Fire One Pump Testing for E37& E51 600.00 Firemen's Association of NYS Annual Membership Renewal-2011 25.00 G&K Services Building Supplies 153.00 G&K Services Building Supplies 100.05 Galls Inc. Career Staff Uniforms 614.11 Grainger Compressor Oil 31.48 Hi-Tech Fire&Safety Turnout Gear Repair 349.54 Hi-Tech Fire&Safety Dyna-Fit Suspenders 64.58 Home Depot Wood and Canopy for Training 287.95 IKON Office Solutions Copier Service 7/30-8/29/10 212.13 Interstate Diagnostics Physical Exam for Angel Gonzalez 238.50 Irvington VAC EMT Training for J.Conners 335.00 Larchmont Village Cleaners Uniform Cleaning 16.20 Minerva Cleaners Turnout Gear Maintenance 368.50 MSC Industrial Supply Co. New Compressor for HQ 847.03 Oakland Beach Deli Food for Special Drill 203.92 Poland Springs Drinking Water-July 2010 95.15 PMC Associates Inc Portable Radios 8,867.25 R&L Consulting Parts for New Air Compressor 46.05 R&L Consulting UPS Batteries for Server 42.90 Smith EI-Dis-Co Electrical Supplies 210.99 Town of Mamaroneck FD Colation Reimb. For food for July 2010 Drill 255.79 Town of Mamaroneck FD Colation Reimb. For food for Aug 2010 Drill 236.66 Town of Mamaroneck P.F.F.A. Life Ins. Premium for July 2010 178.53 Town of Mamaroneck P.F.F.A. Life Ins. Premium for Aug.2010 260.37 Tri City Auto Parts Oil Dry 77.94 5 September 15, 2010 Verizon Telephone Service 7/10-8/9/10 279.19 Verizon Telephone Service 8/10-9/9/10 280.06 Verizon Wireless Cell Service 6/27-7/26/10 275.60 Verizon Wireless Cell Service 7/27-8/26/10 274.89 Villa Maria Pizza Explorer Post Meeting and Drill 67.80 Villa Maria Pizza F.A.S.T.Team Drill 60.44 Villa Maria Pizza Food for Sept. Explorer Drill 9/1/10 54.12 Villa Maria Pizza Food for Driver Training 8/29/10 28.76 Westech Elevator Services Elevator Maint. For Aug.2009 175.00 Westech Elevator Services Elevator Maint. For Sept.2010 175.00 Total: 32,173.29 The above resolution was put to a roll call vote: Commissioner Fishman Aye Commissioner Seligson Aye Commissioner Odierna Absent Commissioner Wittner Aye Commissioner O'Keeffe Aye 2. Commissioner Wittner distributed Minutes from the Fire Council Meeting of August 2,2010 3. Fire Report September 2009 Commissioner Wittner read the Fire Report for the Month of August as submitted by Chief McCarthy as follows: August 2010 ALARM TYPE NUMBER Generals 22 Minors 25 Stills 0 Out of Town (Mutual Aid) 1 EMS 12 Drills 3 TOTAL 63 Total number of personnel responding: 742 Total time working: 29 hours and 38 minutes There being no further business to come before the Commission,on motion of Commissioner Councilwoman Wittner,seconded by Commissioner Councilman Fishman,the Commission unanimously adjourned and the Town Board reconvened. 6 September 15, 2010 AFFAIRS OF THE TOWN 1. AUTHORIZATION—TRANSFER OF FUNDS—ICE RINK TRUST ACCOUNT On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,the following was approved: WHEREAS,during the month of July it was discovered that the Ice Rink compressor had seized up and would require replacement,and WHEREAS,due to the potential for future renovations at the Ice Rink a used compressor is recommended as a replacement unit. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve the transfer of funds in the amount of$12,800 from the Hommocks Ice Rink Trust Fund Account T-0109 to the Ice Rink Budget Account A7265.4163, Building and Equipment Repairs for the replacement of the compressor. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Absent Wittner Aye O'Keeffe Aye 2. SALARY AUTHORIZATION SENIOR CENTER On motion of Councilwoman Wittner,seconded by Councilman Fishman,it was RESOLVED,that the Mamaroneck Town Board does hereby appoint Diana Pantore,as a Senior Care Assistant for the Town's Senior Center effective September 16,2010 at an hourly rate of$14.00. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Absent Wittner Aye O'Keeffe Aye RECREATION On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,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: Hommocks Pool effective retroactive to August 24,2010 Zsuszka Beswich Lifeguard $10.00/hour Amanda Biddle Early Morning Swim $26.00/session Joseph Giordano Lifeguard $10.25/hour Danielle Puleo Lifeguard $8.00/hour Ice Skating Program effective September 7, 2010 Alana Kelton Director $16,500 for season 9/7/10 to 06/12/11 Kathleen Bird-loris Instructor $18.00 per class 7 September 15, 2010 Jenna Bisigano Instructor $15.00 per class Katrina Brewer Instructor $18.00 per class Sara Beth Carbonaro Instructor $18.00 per class Brad Cox Instructor $18.00 per class Amy DeNicola Instructor $18.00 per class Sandra Duarte Instructor $18.00 per class Sahra English Instructor $17.00 per hour Megan Ettinger Aide $8.00 per hour Claudine Ferrara Instructor $18.00 per hour Lauren Hunt Instructor $17.00 per hour Mary Marchiselli Instructor $18.00 per hour Dianne McCray Instructor $18.00 per hour Aimee McGowan Instructor $18.00 per hour Sheryl McSherry Instructor $18.00 per hour Kami Netri Instructor $18.00 per hour Mary Royke Instructor $18.00 per hour Catherine Ryan Instructor $18.00 per hour Amy Schliftman Instructor $17.00 per hour Julie Ann Schliftman Instructor $18.00 per hour Joanne Schroeder Instructor $16.00 per hour Christopher Tortorella Instructor $18.00 per hour Kristi Tortorella Instructor $18.00 per hour Dorothy Vaughn-Johnson Instructor $18.00 per hour Christine Vita Instructor $18.00 per hour Judith Wolf Instructor $18.00 per hour Men's Basketball effective October 4,2010 to May 5, 2011 William Reilly Instructor $60.00 per session William Byron Alternate Instructor $60.00 per session Irwin Davidson Alternate Instructor $60.00 per session Patrick Romano Alternate Instructor $60.00 per session Women's Fitness effective September 20,2010 to June 20,2011 Sarah Lanza Instructor $50.00 per session Susan Gedan Alternate Instructor $40.00 per session Heike Rauls Alternate Instructor $45.00 per session Hommocks Park Ice Rink effective September 21,2010 Michael Alberico E.M.T. $13.00 per hour Skate Guard $9.50 per hour Michael Baiocco Skate Guard $11.50 per hour Daniel Caldarola Skate Guard $10.75 per hour Richard Garner Alternate Manager $15.25 per hour Custodian $15.25 per hour Removal of Sport Court Floor $20.00 per hour Catherine Hughes Cashier $13.00 per hour Gina Jones Cashier $13.00 per hour Robert Lunde Assistant Manager $19.00 per hour Patrick Nadolske Skate Room Attendant $11.50 per hour Veronica Pena E.M.T. $13.00 per hour Jeremiah Riggans Custodian $16.35 per hour Brian Ritz Alternate Manager $17.00 per hour Removal of Sport Court Floor $20.00 per hour Michelle Rodriguez Cashier $13.50 per hour Sean Rouse Custodian $15.00 per hour Removal of Sport Court Floor $20.00 per hour James Schroeder Alternate Manager $16.00 per hour Joanne Schroeder Assistant Manager $19.00 per hour Dan Smyth Alternate Manager $18.00 per hour Nick Spano Skate Guard $9.50 per hour Nicholas Tunno Alternate Manager $18.00 per hour House League Hockey effective November 16,2010 to March 19,2011 8 September 15, 2010 Thomas Greason Instructor $30.00 per hour Greg Tevere Instructor $15.00 per hour Storytime Crafts effective October 7,2010 Elizabeth Leifert Instructor $45.00 per class Tiny Tot Time effective October 5,2010 Kathleen Reale Instructor $45.00 per class Cartooning Fun effective October 5,2020 Erica Siciliano Instructor $60.00 per class Advanced Cartooning effective October 5,2010 Corey Krupowicz Instructor $60.00 per class Pizza Bingo effective October 15,2010 to May 20, 2011 Francine Brill Assistant $12.00 per hour Eileen Puleo Assistant $12.00 per hour Safe On My Own effective Sept 21,2010 to June 15,2011 Diane Stonis Instructor $80.00 per session Volleyball effective November 17,2010 to May 13,2011 Suzanne Elson Instructor $60.00 per session Pilates,Total Body Conditions&Yoga sculpt effective September 20,2010 to June 20, 2011 Mary Ann Leibowitz Instructor $50.00 per session 3. APPROVAL OF CERTIORARI On motion of Councilman Fishman,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: 245 Halstead Avenue Corp. 245—251 Halstead Avenue Mamaroneck, NY 10543 Block: 901 Lot: 350 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduced Assessment 2003 $17,000 $10,250 2004 $17,000 $10,250 2005 $17,000 $10,250 2006 $17,000 $10,250 2007 $17,000 $10,250 2008 $17,000 $10,250 2009 $17,000 $10,250 2010 $17,000 $10,250 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Absent Wittner Aye O'Keeffe Aye 9 September 15, 2010 APPROVAL OF MINUTES—July 14,2010 and August 11,2010 On motion of Supervisor O'Keeffe,seconded by Councilman Fishman,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of July 14,2010 and August 11, 2010. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None SUPERVISOR'S REPORT Supervisor O'Keeffe attended a meeting with Mr.Altieri at the Westchester Foundation. The meeting was regarding the Affordable Housing Settlement. Representatives from the Monitor's Office,the office created by the Federal Judge to execute the Housing Settlement,as well as from the Ford Foundation, Pratt University Department of Urban Planning, NYU Law School and the Westchester County Municipal Officials Association (WMOA)were present. These various groups are working together to fulfill the legal requirements'of the Affordable Housing Settlement. REPORT OF COUNCIL Councilman Fishman was unable to attend the Zoning Board Meeting,as it was held this evening. Councilwoman Seligson as liaison did not attend any Committee meetings. Councilwoman Seligson hoped everyone had a good summer and welcomed everyone back to another school year. Councilwoman Wittner attended the Coastal Zone Management Commission Meeting on September 23. Very interesting discussions continued on the subdivision on Avon Road. Residents have come forward expressing their views, some have even hired outside consultants. She reminded residents that the Coastal Zone Management Commission sees these proposals as referrals from Planning and Zoning.Councilwoman Wittner believes this process works very effectively as it enables any and all environmental issues to be vetted prior to any construction. Councilwoman Wittner also attended,as did Councilwoman Seligson and Councilman Odierna,a meeting hosted at the Town Center,and organized by Congresswoman Nita Lowey to introduce the new Regional Administrator of Environmental Conservation,Judith Enck,to the diversity of environmental issues in our region. Councilwoman Wittner attended a County Board of Legislators' Committee Meeting,at which they discussed the Abinanti-Myers Legislation for a Storm Water Management District,an idea formulated through Long Island Sound Watershed Inter-municipal Council. Councilwoman Wittner is happy to report that White Plains has joined the Long Island Sound Watershed Inter-municipal Council,adding this is very good news! Councilwoman Seligson added that Congresswoman Lowey was very interested in bringing Ms. Enck to our region to hear firsthand about the many and diverse environmental issues ranging from air quality to storm water management,the Hudson River to Hydro-fracturing. On behalf of Councilman Odierna,Councilwoman Wittner noted the upcoming Household Cleanup Day on Saturday,September 25 from 9:OOam-3:OOpm at the County Recycling Center in Yonkers. ADJOURNMENT On motion of Councilwoman Wittner,seconded by Councilwoman Seligson the meeting was unanimously adjourned at 9:30PM. Submitted by Christina Battalia,Town Clerk 10