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HomeMy WebLinkAbout2010_11_03 Town Board Minutes November 3, 2010 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON NOVEMBER 3,2010, 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-WORK SESSION On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner the Work Session was unanimously opened at S:OOPM. Supervisor O'Keeffe noted that she had received a second correspondence from Mrs. Eleanor Hollman requesting the Town install acoustic panels in the bridge playing room at the Senior Center. The Town received notification of the dates for the next Association of Towns Conference. Supervisor O'Keeffe asked those attending to contact Fran Antonelli to register. Supervisor O'Keeffe announced that the Town will be receiving a $250,000 FEMA Grant,secured through Senator Nita Lowey's Office,for additional Flood Mitigation. Proposed Local Law—Parking in Residential Districts The Board reviewed the Advisory Report and Recommendation of the Planning Board with respect to this proposed Local Law. Mr. Maker commented on the recommendations and advised the Town Board to consider amending the proposed Local Law to include these changes.The Town Board has a Public Hearing set for November 17,2010. Appointment—Zoning Board of Appeals The Board reviewed the resume of Seth Marcus as an Alternate Member to the Zoning Board of Appeals. Robert Viner the previous Alternate Member was appointed as a Member leaving a vacancy in the Alternate position. The appointment of Mr. Marcus will be added to this evening's agenda. The Board also asked the Town Clerk to prepare a schedule of expiring terms of the Boards and Commissions for discussion at the next work session. Subdivision—Cooper lane Mr.Altieri explained that while the subdivision proposal was before the Planning Board there was discussion of adequacy of the storm drainage system on Cooper Lane. During heavy rains the catch basin on the street often surcharges into the street and residents'driveways. Due to this situation,the developer was required to install an 18"drain pipe on the property,as well as facilities for retention. The Town has however,come to the conclusion that this plan addresses the water generated on the property and does not improve the existing street drainage. Under a revised plan the developer would install a 24" drainage pipe along the street and become part of the Town's storm water drainage system. This new plan would require an amendment to the site plan and therefore would need to be reviewed by the Planning Board.This item is on the Planning Board's agenda for next week. 1 November 3, 2010 Update—Senior Center Renovation Project Mr.Altieri notified the Board that the design and construction drawings for the project are almost complete,and that next week the Town will be awarding a small contract for the evaluation and remediation of any hazardous materials that may be on the site. The Board also reviewed the time schedule for the project over the next three months. 3501"Anniversary Celebration The Board continued the discussion of plans for celebrating the Town's 3501"Anniversary. Dog Licensing The Board continued discussion of the upcoming change in State Law for Dog Licensing. The Board discussed proposed fees and plans for a dog enumeration. 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) — "Update to the Ethics Code" Law 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, November 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 "Update to the Town's Ethics Code" Law Purpose: Currently the Town's Ethics Code does not characterize the Receiver of Taxes,the Deputy Receiver of Taxes or the Ambulance District Administrator as employees holding "Sensitive Positions"within the meaning of the Code. Presently the Comptroller serves as the Receiver of Taxes; however,there may come a time when these positions are held by different people. Hence the Town Board finds it prudent to prepare for that possibility by listing both positions as being"sensitive" now. This local law does so. The current Ethics Code requires that a copy of it be posted "in each public building under the jurisdiction of the Town." Literally,this means that a copy of the Code should be posted in places like,the salt shed,the Hommocks Ice Rink and the bathrooms at Memorial Park. The Town Board finds that it is unnecessary to post the Code in every building under the Town's control. Posting the Code on the Town Clerk's signboard would be sufficient. This local law modifies the requirement for posting accordingly. 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: October 23,2010 2 November 3, 2010 On motion of Councilman Fishman,seconded by Councilwoman Wittner,the Public Hearing was unanimously opened. Mr. Maker explained the reasons for the Amendments to the Local Law. Supervisor O'Keeffe asked if anyone wished to comment on the proposed Local Law. 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 RESOLVED,that the Mamaroneck Town Board finds that the adoption of the proposed local law"Update to the Town's Ethics Code" 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 Councilman Odierna,seconded by Councilwoman Wittner,the following Local Law was approved: Local Law No.8-2010 This local law shall be known as the"Update to the Town's Ethics Code" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: Currently the Town's Ethics Code does not characterize the Receiver of Taxes,the Deputy Receiver of Taxes or the Ambulance District Administrator as employees holding"Sensitive Positions"within the meaning of the Code. Presently the Comptroller serves as the Receiver of Taxes; however,there may come a time when these positions are held by different people. Hence the Town Board finds it prudent to prepare for that possibility by listing both positions as being"sensitive" now. This local law does so. The current Ethics Code requires that a copy of it be posted "in each public building under the jurisdiction of the Town." Literally,this means that a copy of the Code should be posted in places like,the salt shed,the Hommocks Ice Rink and the bathrooms at Memorial Park. The Town Board finds that it is unnecessary to post the Code in every building under the Town's control. Posting the Code on the Town Clerk's signboard would be sufficient. This local law modifies the requirement for posting accordingly. Section 2—Amendment of a current section of the Mamaroneck Code: The paragraph in Section 17-4 of the Code of the Town of Mamaroneck entitled "SENSITIVE POSITION" hereby is repealed and the following substituted in its place: "SENSITIVE POSITION The following positions entail potential conflicts of interest and are deemed to be sensitive positions: Supervisor, Deputy Supervisor, member of the Town Board,Town Clerk, Deputy Town Clerk,Town Justice,Town Administrator,Assistant to the Town Administrator,Counsel to the Town, Town Prosecutor,Ambulance District Director,Superintendent of Highways, Superintendent of Recreation, Director of Building Code Enforcement and Land Use Administration, Building Inspector,Assistant Building Inspector, Fire Chief, Deputy Fire Chief(s), Fire Inspector, Police Chief,Comptroller, Deputy Comptroller, Receiver of Taxes, Deputy Receiver of Taxes, Director of Public Housing, Public Housing Administrator,Town Engineer,Consulting Engineer, Senior Engineering Aide,Assessor, member of the Board of Assessment Review, Real Property Appraiser,General Foreman, member of the Board of Architectural Review, member of the Planning Board,member of the Board of Appeals,alternate member of the Board of Architectural Review,alternate member of the Board of Assessment Review,alternate member of the Planning Board and alternate member of the Board of Appeals. If a new 3 November 3, 2010 position is created at a later date which the Town Administrator deems to be sensitive,then such position shall be added to this list upon the adoption of a resolution by the Town Board." Section 3—Amendment of a current section of the Mamaroneck Code: Section 17-8 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: "§17-8. Copies distributed to employees; posting. The Town Supervisor shall cause a copy of this article to be distributed to every Town employee. Each employee shall acknowledge receipt of a copy of this article and affirm that his/her compliance with its provisions is a condition of his/her employment or elected position. The failure to distribute a copy of this article to any employee shall not relieve that or any other employee from complying with this article. Nor shall such failure curtail or limit the Town's ability to enforce the provisions of this article. The Town Clerk shall post a copy of this article conspicuously on the sign-board which the Town Clerk is required to affix on or near the main entrance to the Town Clerk's office. The failure to post this article shall have no effect on any employee's duty to comply with this article nor curtail or limit the Town's ability to enforce its provisions." 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. 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 then on motion of Commissioner Wittner, 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 4 November 3, 2010 1. FIRE CLAIMS Commissioner Odierna presented fire claims for authorization of payment,thereafter on Commissioner Councilwoman Wittner's motion,seconded by Commissioner Councilman 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: 911 Wear Staff Uniforms 2,208.00 911 Wear Uniforms for Melissa Brady 515.99 AAA Emergency Supply Recharge Scott Air Cyl.&Oxygen Cylinder 169.00 AAA Emergency Supply Streamlight Repair 22.00 Brendan Collins Reimb. For Coffee&Donuts for Larch.Acres Fire 75.32 Brewer Hardware Drawer Slide 37.78 Con Edison Gas for Sept. 203.36 IKON Office Solutions Copier Service 9/30-10/29/10 212.13 Laundrylux Glass Door for Washing Machine 181.12 Michael Cassidy Fuel Reimb. For Monitaur Classes 54.97 Minerva Cleaners Gear Cleaning&Repair 692.00 NYS Academy of Fire Science Fire Prevention for Recruit Firefighter Classes 272.00 NYS Association of Fire Chiefs 2011 Department Renewal 150.00 Poland Springs Drinking Water-Sept 2010 58.17 Proftech Folders& Paper 67.48 Sal's Pizza Pizza for the Fire call at Larchmont Acres 80.50 Sunset Ptg&Adv Spec.Co. Stock Shield, Maltese&Emer.Slideglide 228.44 Town of Mamaroneck FD Colation Reimb. For food for Open House 498.82 Town of Mamaroneck PFFA Life Ins. For Oct 2010 173.58 United Water Water Service-New Rochelle 7/1-10/1/10 333.16 Verizon Telephone Service 10/10-11/9/10 293.16 Verizon Wireless Cell Service 8/27-9/26/10 269.21 Warex Terminals Diesel Fuel 298.57 Westech Elevator October 2010 Elevator Maint. 175.00 W.J.W.W. Water Service-9/30-12/31/10 100.00 Winged Foot Golf Club TMFD Inspection Dinner 10/8/10 8,640.00 Total: 16,009.76 The above resolution was put to a roll call vote: Commissioner Fishman Aye Commissioner Seligson Aye Commissioner Odierna Aye Commissioner Wittner Aye Commissioner O'Keeffe Aye 2. Fire Report September 2009. The Commission received and accepted the Service Award Standings for the period of January 1,2010 thru September 30,2010 as submitted by Chief McCarthy as follows: It was also noted that the Commission reviewed Minutes of the Fire Council during work session. Commissioner Wittner reported that as requested by the Commission she spoke with the Fire Department regarding the new Law which enables municipalities to offer,at full cost to the firefighter, health care coverage. The Department stated it would ask the membership if there was interest,and report back to the Commission. 5 November 3, 2010 There being no further business to come before the Commission,on motion of Commissioner Councilwoman Seligson,seconded by Commissioner Councilwoman Wittner,the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Set Public Hearing—Parking Regulations France Place/Rochelle Road The Traffic Committee has heard from a number of residents on Rochelle Road and France Place that commuters are parking along these streets. The Town had previously established parking regulations along Edgewood Avenue and Huguenot Drive to discourage commuter parking. Councilman Fishman stated that this issue might be better addressed through a 'radius'of no parking around the train station. Heather Connor, l Rochelle Road,addressed the Board with concerns about commuter parking. Alex Soderlund,7 France addressed the Board with similar concerns. The Clerk received a photo and two residents' letters which will be entered into the record for the Public Hearing on November 17,2010. On motion of Councilwoman Seligson,seconded by Councilman Fishman,it was RESOLVED,that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the Regulation of parking on France Place and Rochelle Road,for November 17,2010 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. 2. Salary Authorization Recreation On motion of Councilman Fishman,seconded by Councilwoman Seligson,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 effective retroactive to October 22,2010 Danielle DeAndrea Skate Room Attendant $9.00 per hour Skating School effective November 1,2010 Susan McKeever Instructor $18.00 per class Mackenzie Morton Aide $8.00 per class Diana Wechsler Aide $8.00 per class Youth Hockey House League effective November 6,2010 Jason Torre Instructor $10.00 per hour 6 November 3, 2010 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 3. Authorization—Village of Scarsdale re: SCAR Review The Board previously discussed the request by the Village of Scarsdale for the Town to assist them in handling a tax assessment grievance due to a conflict of interest within Scarsdale's Board of Assessment Review. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson,the following was unanimously approved WHEREAS, General Municipal Law § 119-o authorizes a municipality to jointly enter into or assign a municipal function to another municipality by execution of inter- municipal agreement with that municipality,and WHEREAS, due to a conflict of interest with a Board Member of the Scarsdale Board of Assessment Review, the Town of Scarsdale has asked the Town of Mamaroneck to represent them in the SCAR petition for the property located at 10 Lockwood Road, Scarsdale, New York. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve the Inter-municipal Agreement between the Town of Mamaroneck and the Town of Scarsdale subject to a final review by the Town Attorney,and BE IT, FURTHER RESOLVED,that the Town Administrator is hereby authorized to execute said Inter- Municipal Agreement on behalf of the Town. 4. Authorization—Grant Application—Recreational Trails Program On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,the following was approved: WHEREAS, the Town of Mamaroneck wishes to continue the proper maintenance and upkeep of its conservation trail system know as the Leatherstocking Trails,and WHEREAS, the Town of Mamaroneck has become aware of grant funds available through the State of New York. NOW THEREFORE, BE IT RESOLVED, that Steven V. Altieri, Town Administrator for the Town of Mamaroneck, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of the Recreational Trails Program, in an amount not to exceed $50,000, and upon approval of said request to enter into and execute an agreement with the State for such financial assistance to the Town of Mamaroneck for reconstruction of a bridge on the Leatherstocking Trail. 7 November 3, 2010 The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye 5. Appointment—Alternate Member of the Zoning Board of Appeals On motion of Councilman Fishman,seconded by Supervisor O'Keeffe,the following was approved: WHEREAS, Robert Viner was appointed as Member B of the Board of Appeals to fill the vacancy created by the resignation of Linda Harrigton,and WHEREAS,in order to assume the role of Member B of the Board of Appeals, Mr. Viner resigned his position as Alternate Member A of the Board of Appeals. NOW THEREFORE, BE IT RESOLVED,that Seth L. Marcus be appointed as Alternate Member A of the Board of Appeals to fill the vacancy caused by Mr.Viner's resignation,and BE IT FURTHER RESOLVED,that the foregoing appointment shall be effective(A)immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and (B)shall expire on December 31, 2010. The above resolution was put to a roll call vote: Fishman Aye Seligson Aye Odierna Aye Wittner Aye O'Keeffe Aye APPROVAL OF MINUTES— October 20,2010 On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner,it was Unanimously RESOLVED,that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of October 20,2010. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS Received and noted under Affairs of the Town. 8 November 3, 2010 REPORT OF COUNCIL Councilman Fishman attended the Zoning Board of Appeals Meeting on October 27,adding the discussion involved swing sets;when do they constitute a structure that needs to be controlled or limited by zoning. Councilwoman Seligson attended the Traffic Committee Meeting on October 26,adding most of the discussion involved commuter parking on France Place and Rochelle Road.Councilwoman Seligson spoke of the recent budget meetings the Town has held. Councilwoman Seligson stated that all Departments were asked to reduce their budgets by 5%. Councilwoman Seligson further stated interest income is down,as is sales tax and mortgage tax income. With the substantial increases in pension and healthcare costs,this does not make for a balanced budget. Councilwoman Seligson assured the residents that the Town is working very,very hard on this budget and encourages residents'input,emphasizing all budget meetings are open to the public. SUPERVISOR'S REPORT Supervisor O'Keeffe asked Mr.Altieri to explain to the residents the application this year's surplus. Mr.Altieri explained that one of the revenues used to help balance the budget is surplus. With the third consecutive year of large revenue reductions,the Town's ability to generate surplus is down. The recommendation to the Board is to reduce the application of surplus by just over 1 million dollars. Mr. Altieri added that this is a large driver of the proposed budget. Mr.Altieri also noted that 20%of residents property taxes are Town,with the remainder being School and County Taxes. Councilman Odierna attended the Board of Architectural Review,adding their main focus was Bonnie Briar's proposed modifications to their building. The Board also discussed greenery at the T-Mobile store on Boston Post Road. Councilman Odierna noted the wonderful Halloween Parade hosted annually by the Larchmont Gardens'Civic Association. Councilwoman Witmer noted her attendance at the Budget Meetings and the Fire Council. Supervisor O'Keeffe addressed the residents with her many concerns about the recent election.Supervisor O'Keeffe stated that not only were the machines an issue,workers were untrained,and there were not enough technicians to service all broken down machines.Of the greatest concern to Supervisor O'Keeffe is the issue of privacy,stressing that privacy is being severely compromised. Irving Scharf,asked if there would be a Public Hearing on the 2011 Budget. The Board stated that a Public Hearing will be help for the Budget on November 30,at 8:15 PM,adding a budget presentation will also take place on November 17. ADJOURNMENT On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner the meeting was unanimously adjourned at 9:50 PM. Submitted by Christina Battalia,Town Clerk 9