HomeMy WebLinkAbout2011_02_16 Town Board Minutes February 16, 2011
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON FEBRUARY 16,2011, BEGINNING AT S:OOPM
IN CONFERENCE ROOM A AND CONTINUING AT 8:00 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: Stephen V.Altieri,Town Administrator
William Maker,Jr.,Town Attorney
Linda Silvestre, Deputy Town Clerk
ABSENT: Christina Battalia,Town Clerk
CALL TO ORDER-WORK SESSION
On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner the Work Session was unanimously
opened at S:OOPM.
Property Tax Overpayments
Tony Siligato,Town Comptroller was present.
The Board reviewed a memo from Mr.Siligato regarding property tax overpayments.
This item is on the Regular Meeting Agenda for approval.
3501"Anniversary
Councilwoman Seligson gave a quick overview of some of the ideas being formulated.The committee is still
being formed.
Update on Complete Streets and East Coast Greenway
Councilwoman Seligson gave an update. The Board will be inviting Scott Johnson from NYU to speak to the
Town Board.
Environmental Protection Agency(EPA)
Mr.Altieri is working with the EPA regarding storm water runoff.The EPA has sighted 3 locations in the
Village of Mamaroneck,3 in the Village of Larchmont and 1 in the Town that appear to have issues with
runoff into Long Island Sound. Mr.Altieri is working with the EPA to resolve this issue.
Mailbox Replacement Claims
There are claims against the Town regarding damaged mailboxes during this season's snow removal. The
Town would like to consider capping the amount of reimbursement for mailbox replacement. The Board
discussed whether this would be done through a local law or by resolution.
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February 16, 2011
On motion of Supervisor O'Keeffe,seconded by Councilman Fishman,the Board unanimously agreed to
enter into a closed session to receive Advice of Counsel to discuss the Community Development Block
Grant Agreement.
ADVICE OF COUNSEL
Community Development Block Grant Agreement
On motion of Councilman Fishman,seconded by Councilman Odierna,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
8:55 PM, she then pointed out the location of exits.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe.
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 Fishman, presented fire claims for authorization of payment,thereafter on
Commissioner Fishman's motion,seconded by Commissioner Seligson,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 Hydrotest/Recharge Scott Pack 48.00
Brewer Hardware Snow Shovel and Snow Pusher 46.77
Brewer Hardware Hinge 20.69
Brewer Hardware Hose Fitting 3.39
Cablevision Cable Service 1/23-2/22/11 117.89
Carrot-Top Industries 6 X 10 Flag 93.94
Dultmeier Sales Inc. Filter/Reg/Lubricator 222.28
Fire Engineering Annual Subscription 2011 47.00
G&K Services Building Supplies 78.36
Kaplan Continuing Education Annual Fee for Online Training Series 900.00
Poland Springs Water Dec. Drinking Water 116.16
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February 16, 2011
Sound Shore Chief's Assoc. Dues for 2011 300.00
Town of Mamaroneck PFFA Life Insurance Premium Jan.2011 204.36
United Water Service 10/1-1/10/11 455.14
Villa Maria Stand-By Crew Meal 1/22/11 89.60
Westchester Cty Assoc.of Fire Chiefs Fire Dept. Dues 200.00
Total: 2,943.58
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 Business
Commissioner O'Keeffe thanked the Fire Department for their response to a call she made to the Fire
Department concerning a gas smell at her home.
Commissioner Wittner distributed a packet of items to the Commissioners containing a number of items,
some of which Commissioner Wittner noted in detail. The Minutes of Fire Council for January 3,2011 were
distributed. Commissioner Wittner noted the very impressive Standard Operating Procedure(SOP)for the
FAST Team,adding that of the 68 eligible Fire Fighters'65 have passed the program.
The Service Awards were prepared by Frank Cioffi,Service Awards Chairman,and submitted by Chief
Collins for approval.Commissioner Wittner noted some of the highlights of the Report and asked that it be
accepted. The Service Awards are entered into the record as:
Attachment A
Due to the temporary relocation of the Senior Citizens to the Weaver Street Fire House,the Commissioners
were also issued a parking lot configuration for the Weaver Street Fire House showing the location of the
designated spaces.
Commissioner Wittner read the Fire Report for the Month of January 2011 as submitted by Chief Collins as
follows:
January 2011
ALARM TYPE NUMBER
Generals 14
Minors 28
Stills 1
Out of Town (Mutual Aid) 5
EMS 17
Drills 3
TOTAL 68
Total number of personnel responding: 889
Total time working: 35 hours and 59 minutes
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February 16, 2011
The recent Fire Fighter hired will be trained at the Westchester training center and not in Montrose Falls.
This is great news,as he will not have to travel upstate.
Commissioner Wittner commended the 10 Fire Fighters who slept in the Fire House during the last storm so
as to be readily available;fantastic show of dedication.
There being no further business to come before the Commission,on motion of Commissioner O'Keeffe,
seconded by Commissioner Wittner,the Commission unanimously adjourned and the Town Board
reconvened.
ORAL COMMUNICATIONS
Renee Morrison, Larchmont Gardens'Civic Association,commended the great work done by the Highway
Department in clearing the snow.
Councilman Fishman commended the residents for their part in keeping the sidewalks clear.
AFFAIRS OF THE TOWN
1. Adoption of Revised Fee Schedule - Building Department, Highway Department and Town Clerk
Department
BUILDING DEPARTMENT
On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the Building
Department fee increase as recommended by the Director of Buildings and Land Use
Administration as follows:
SCHEDULE OF FEES
Original Certificate of Occupancy for one-and two-family dwellings,
residential additions,alterations,and accessory structures... $50.00
Original Certificate of Occupancy for all others............. $100.00
Temporary Certificate of Occupancy......................... $300.00
Plus Bond as required by Building Inspector
Copy of Certificate of Occupancy or LOC......................... $25.00
Original Letter of Compliance ................................... $50.00
Duplicate Letter of Compliance .............................. $25.00
To Raze Any Structure:
Residential Demo $50.00 filing fee plus$10.00 per thousand
Commercial Demo $150.00 filing fee plus$10.00 per thousand
NOTE: FEES FOR PERMITS ISSUED AFTER CONSTRUCTION HAS STARTED OR WHERE IT HAS BEEN
COMPLETED SHALL DOUBLE CALCULATED FEE.
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February 16, 2011
PERMIT RENEWALS: A FEE EQUAL TO THE NOW CURRENTLY CHARGED FEE SHALL BE PAID FOR EACH
RENEWAL.
TOTAL VALUATION OF CONSTRUCTION OR OTHER ACTIVITY TO BE UNDERTAKEN:
$100.00 FILING FEE PLUS $10.00 PER THOUSASND.
SIGNS:
For erecting, placing or painting a new sign............ $125.00
For altering, reconstructing,enlarging or relocating
on the same premises,an existing sign................. $60.00
Temporary signs as approved by the Building Department $30.00
Temporary signs as approved by the Town Board ......... $175.00
PLANNING BOARD:
Site Plan Review: .................................... $350.00
Plus 25.00 for each parking space required by the Zoning Ordinance
Subdivision:
Up to two lots.................................. $300.00
Plus for each additional lot shown on the application $150.00
ENGINEERING FEES:
Six(6) percent of the total performance bond or Two Dollars per lineal foot of road surface,whichever is
the highest.
ZONING BOARD OF APPEALS
Area Variance: for first requested variance ........ $150.00
each additional requested variance ...... $75.00
Use Variance ............................................. $300.00
ZONING VARIANCE EXTENSION.................................... $200.00
MECHANICAL ROCK REMOVAL $100.00 filing fee Plus$10.00 per thousand.
SPECIAL PERMIT:
Each application.................................... $300.00
Each renewal........................................ $150.00
PLUMBERS FEES:
Residential...... $75.00 filing fee Plus$10.00 per thousand
Commercial...... $150.00 filing fee Plus$10.00 per thousand
Gas Piping and Test................................ $75.00
Each oil burner, hourly rated capacity up to 2 gallons.... $60.00
Over 2 gallons and up to 10 gallons .................... $125.00
Over 10 gallons............................................. $175.00
*No permit needed for removal
STORAGE TANK INSTALLATION:
Up to 275 gallons........................................ $50.00
Over 275 gallons and up to 550 gallons................... $75.00
Over 550 gallons and up to 1,000 gallons ............. $100.00
Over 1,000 gallons and up to 2,000 gallons............. $300.00
For each 1,000 gallons over 2,000 gallons.... $20.00 per thousand
REMOVAL OR ABANDONMENT OF A TANK IN PLACE:
Up to 550 gallons ............. ............. ............. $50.00
Over 550 gallons(OVER 1,OOOgal. NEED COUNTY PERMIT FIRST) $75.00
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February 16, 2011
REMOVAL OF UNDERGROUND TANKS REQUIRE A 1,200.00 BOND
FRESH WATER WETLANDS PERMIT.............................. $150.00
BLUEPRINT OR PLAN PHOTOCOPY..................... $2.00 PER SQ. FT.
BLUEPRINT OR TRACING REPRODUCED ONTO MYLAR OR SEPIA$6.00 PER SQ. FT
BLASTING PERMIT APPLICATIONS: .......................... $300.00
(Bond in the amount of$100,000.00 as well as public liability insurance naming the Town of Mamaroneck
as co-insured in an aggregate amount of not less than Two Million ($2,000,000.00)dollars to accompany
application)
Supplemental blasting at the same site............. $50.00
TREE REMOVAL PERMITS:
One to four trees ................................... $50.00
Each additional tree................................. $10.00
DANCE HALL LICENSE:
Annual inspection .................................. $150.00
EROSION &SEDIMENT CONTROL:
Filling Fees: Addition/Alteration Residence&pool $200.00
New Residence......................... $375.00
All Commercial.......................... $375.00
Modification by Applicant,(Work not started) ......... $75.00
(Work in Progress) ......... $125.00
EROSION PERMIT FEES:
Addition/Alteration, Residence and Pool......... $150.00
New Residence....................................... $200.00
All Commercial...................................... $300.00
and where controls exceed 5,000.00 anticipated costs,then 6%fee additional for all costs in excess of
$5,000.00.
DOUBLE ALL FEES FOR WORK STARTED WITHOUT PERMIT
Plumbing Permit Fees:
Sewer Connection . . . . . . . . . . . . . . . $25.00
1-3 Plumbing Fixtures . . . . . . . . . . . . . $25.00
3-10 Plumbing Fixtures. . . . . . . . . . . . $5.00
Over 10 Plumbing Fixtures. . . . . . . . . . . $3.00
Gas Piping and Test. . . . . . . . . . . . . . $50.00
Plus each gas fired heating appliance $50.00
Each other appliance . . . . . . . . . . . $25.00
Residential $75.00 filing fee Plus 10.00 per thousand
Commercial $150.00 filing fee Plus 10.00 per thousand
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
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February 16, 2011
PARKING LOT FEES
Councilwoman Wittner commented that she felt the fees should not be
increased significantly,while Councilman Odierna felt the fees could be higher.
Councilwoman Seligson stated that the Board discussed last year a gradual
increase of fees over the next few years to bring them in line with the market
place and other municipalities. Councilman Fishman reiterated the comments
of Councilwoman Seligson,adding that during this economy a more moderate
increase is more appropriate.
On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the Parking Lot
Fees for the 2011/2012 parking season as follows:
second car
TYPE/LOCATION 2011/2012 fee Meter fee 2011/2012
COMUTER LOT#1
DAYTIME $625.00 $10.00
METER $60.00 $10.00 .55 per hr
AREA BUSINESS
MAXWELL AVE $60.00 $10.00 plus meter fee
MYRTLE BLVD $60.00 $10.00 plus meter fee
LOT#3 $475.00 N/A no meter fee
24 HOUR PARKING $725.00
LOT#3
24 HOUR-SENIOR $425.00
LOT#3
OVERNIGHT
LOT#4(COUGHLIN) $350.00
Byron (not yet
avail.) $350.00
MYRTLE BLVD $350.00
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
On motion of Supervisor O'Keeffe,seconded by Councilwoman Seligson,it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the Alarm
activation fees retroactive to January 1,2011,as follows:
V Activation No Charge
2nd&3rd $ 15.00
3rd &4 t $ 50.00
5t" and up $ 100.00
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February 16, 2011
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
On motion of Councilman Fishman,seconded by Councilwoman Wittner,it was
RESOLVED, that the Mamaroneck Town Board does hereby approve increasing the
Highway Department's Permit Fee for "Highway Street Openings" from $100.00 to
$200.00.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
2. Authorization—Property Tax Over Payments
On motion of Councilman Odierna,seconded by Councilwoman Seligson,the following was approved:
WHEREAS, real property tax overpayments generally occur when a property owner
and a lending institution both issue payment for real property taxes due to sale of
property, mortgage refinance or property owner and/or lending institution error,and
WHEREAS, the Town Comptroller's Office refund procedure for overpayments has
always followed the Town's purchasing policy by sending a Town claim form to the
party who issued overpayment and issuing a refund check once a signed Town claim
form had been received by the party who issued overpayment,and
WHEREAS, the Town Comptroller's Office has made several attempts to return prior
years overpayments by issuing Town Claim Forms to all property owners and lending
institutions who paid property taxes in duplicate,and
WHEREAS, in several instances Claim Forms were never acknowledged and a
significant balance has grown,and
WHEREAS, the six years Statute of Limitation barring any claims for return shall apply
to overpayments received prior to December 31,2004.
NOW,THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town
Comptroller to write off all property tax overpayments received prior to December
31, 2004 in the amount of$194,882.26 and reclassify these funds from the Town Wide
General Fund Liability Account (Overpayments) #A.690 to the Town Wide General
Fund Revenue Account(Real Property Taxes)#A.1001,and
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February 16, 2011
BE IT, FURTHER
RESOLVED, that the Mamaroneck Town Board does hereby adopt a property tax
overpayment policy consistent with "New York State Real Property Tax Law — RPTL"
and "New York State General Municipal Law"as follows:
1. Overpayments in the amount of $5.00 or greater be refunded to the issuer
no later than 60 days of receipt of overpayment by means of internal voucher.
2. Overpayments in the amount of $.01 -$4.99 will be recorded as "Real
Property Tax Revenue" in the Town Wide General Fund by means of a
reclassifying journal entry.
3. All prior years overpayments received from January 1, 2005 thru December
31, 2010 and deemed un-returnable by the Town Comptroller be reclassified
each year from Liability(A.690)Account to Revenue (A.1001) Account in Town
Wide General Fund.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
3. Authorization—Amended 2009/2010 New York State Snow Removal Contract
On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,the following was approved:
WHEREAS, due to the severity of the 2010 winter the State Department of
Transportation is amending its reimbursement to the Town of Mamaroneck.
NOW THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby approve the revised
reimbursement Agreement for the 2009/2010 Snow Season between the Town of
Mamaroneck and the New York State Department of Transportation to reflect the
increase of $6,179.16, bringing the total reimbursement for the from $12,333.65 to
$18,512.81.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
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February 16, 2011
4. Salary Authorization
Recreation
On motion of Councilman Fishman,seconded by Councilwoman Seligson,it was
RESOLVED,that as provided for in the 2011 Town Budget the Town Board does
hereby authorize the payment of salary to the following:
Hommocks Pool Programs—Retroactive 2/8/11
Lauren Keller Swim Instructor $13.00/hr
Danielle Puleo Swim Instructor $12.00/hr
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 26,2011 and February 2,2011
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 Meetings of January 26,2011 and February 2,2011.
ORAL COMMUNICATIONS
Received above
WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
Councilman Fishman gave an update on the meeting of the Board of Control for LMC-TV. The Advisory
Board discussed LMC-TV's Budget for 2011.There was much discussion regarding LMC-TV's future as a self
sufficient organization as franchise fees dwindle in the years ahead. There will be future challenges for
fundraising,as well as consolidation of their locations. LMC-TV is currently looking for locations that might
be more suitable in the future. There is a capital project fund for this purpose.
Councilwoman Seligson gave an update on the Healthier Communities Initiative for`Complete Streets'.
Graduate students from NYU's Capstone Program are working with the communities of Mamaroneck and
Rye to develop areas where pedestrian and bicycle traffic can work in better conjunction with automobiles.
Scott Johnson of NYU has been assigned to our community and will be meeting with the Town Board in the
near future to discuss his recommendations. Councilwoman Seligson attended the Traffic Committee
Meeting at which discussion involved the placement of speed reducing platforms.The Traffic Committee
may make a recommendation to the Town Board for a testing of their use on Town Streets. Tomorrow
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February 16, 2011
evening the City of New Rochelle will be holding a Public Hearing on David's Island. Councilwoman
Seligson is planning on attending and will issue a report.
Councilwoman Wittner stated she previously gave her report under Fire Commission.
Councilman Odierna attended the Summit Meeting;various presenters discussed immigration.
Assemblyman George Latimer and County Legislator Judy Myers held their`Coffee with George and Judy'at
the Nautilus Diner. Topics such as the recent Metro North problems,Tax Cap and traffic safety on Boston
Post Road were discussed.Assemblyman Latimer will be holding a discussion of the Governor's 2011/2012
Budget tonight at the Portchester Senior Center from 4:00-8:OOPM. Councilman Odierna attended the
Meeting of the Mamaroneck Chamber of Commerce; always a well attended meeting.Councilman Odierna
also mentioned that the Town Board met with the Village Board of Trustees to discuss and review the
Library Budget.
SUPERVISOR'S REPORT
Supervisor O'Keeffe stated she recently wrote a letter to Assemblyman George Latimer in favor of creating
a school zone along Boston Post Road between Mamaroneck High School and the Hommocks Middle
School. This would allow the Town to reduce the speed along this section.
Supervisor O'Keeffe asked Mr.Altieri to explain the added item detailed below.
Mr.Altieri stated that the Local Law passed at the last Town Board Meeting incorrectly stated the East side
of Washington Square,where the West Side should have been stated.
ADDED ITEM
5. Set Public Hearing—Correction to Washington Square Overnight Parking Law
On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,it was unanimously
RESOLVED,that the Mamaroneck Town Board does hereby set the date for a Public
Hearing on the Amendment to Local Law No 1-2011—"Elimination of the Restriction on
Overnight Parking on Washington Square"Law for March 2,2011 at 8:00 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.
ADJOURNMENT
On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner the meeting was unanimously
adjourned at 10:00 PM in memory of Anna Reisman.A wonderful resident of Mamaroneck,who among
many other things,served as Chair of the Town of Mamaroneck Ethics Committee. Ms. Reisman worked
for many years at the Larchmont Public Library. Ms. Reisman and her husband Phillip Reisman raised their
family on Edgewood Avenue. Anna Reisman was the mother of Phil Reisman the well known writer for the
Journal News.
Submitted by
Christina Battalia,Town Clerk
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