HomeMy WebLinkAbout2011_10_05 Town Board Minutes October 5,2011
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON OCTOBER 5, 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
ABSENT: 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 Councilwoman Wittner,seconded by Councilwoman Seligson,the Work Session was
unanimously opened at 5:10PM.
Noise Condition—16 No Chatsworth Avenue
Additionally present were Jenerosa Gina Protano, resident of 16 N.Chatsworth Avenue and her consultant
Gietano Scutaro.
Ms. Protano distributed copies of the Town Noise Ordinance,as well as a statement she had prepared
noting the times for which the noise begins and ends.
Ms. Protano was present to discuss with the Town Board a situation regarding noise at her apartment at 16
N.Chatsworth Avenue. Ms. Protano explained to the Board that she is having a problem with noise coming
from the basement of her building which she feels was created by the upgrading of the heating and hot
water boiler systems. Ms. Protano has met many times with the management of 16 No.Chatsworth to try
and ameliorate the situation but the condition remains. Ms. Protano and her consultant Mr.Scutaro
believe the Town Ordinance could be applied to help resolve the situation. Mr. Maker reviewed the noise
ordinance and advised the Town Board that the Town Law would not apply to this situation. Mr. Maker
stated that the section sighted by Ms. Protano and Mr.Scutaro applies to amplifying devises,and would
not be applicable to heating and boiler systems. Supervisor O'Keeffe stated that although the Town Board
is sympathetic to Ms. Protano's situation it would appear that at this point there is nothing within the
Town's jurisdiction that would be enforceable against the landlord.
Lightpath Telephone System
Additionally present were Tony Siligato,Town Comptroller and Joe Russo,Code Enforcer and Deputy Fire
Chief.
Mr.Siligato and Mr. Russo are recommending based on their analysis,for the Town to move to Cablevision
Lightpath,a fiber optic solution,to provide voice(telephone)and data (internet)directly to the Town
Center and Fire House,as well as linking all other remote Town facilities. It is the recommendation that
Lightpath can provide greater efficiency, reliability and cost savings. The Town Board reviewed a memo
prepared by Mr.Siligato,as well as a cost analysis spreadsheet and a schedule of other municipalities using
Lighpath. The Town asked Mr.Altieri to prepare a resolution for Town Board approval.
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October 5,2011
TAKEN OUT OF ORDER
Model Housing Ordinance
The Town reviewed the Westchester County Affordable Affirmatively Furthering Fair Housing Units Model
Ordinance Provision.
As part of the Westchester County Affordable Housing Stipulation of Settlement,a requirement exists for
Westchester County to draft a model ordinance for the construction of affordable housing.Since there
continues to be a dispute between the Federal Government and Westchester County as how to implement
the Stipulation of Settlement,it is the recommendation of the Town Administrator that the Town take the
initiative and have Town Counsel begin to review how the County's Model Ordinance would best adapt to
the land use regulations of the Town.
Membership Town of Mamaroneck Fire Department
Additionally, present were Fire Chief Brendan Collins, Deputy Chief Noah Goldberg, Deputy Chief Joe Russo
and Fire Department Attorney,Ted Hecht.
The Board discussed section 176-b of the Fire District Law,which specifically addresses residency for
volunteers.With constraints on housing costs,as well as other factors it is difficult for the Department not
to exceed the limit of no more than forty-five percent of the Department live outside the district.The
Board discussed how best to approach this. One option would be to apply for home-rule legislation
exempting the Department from the requirements of 176-b,the other is to apply for a waiver directly with
the State Fire Districts Administrator. Mr. Maker recommended Mr. Hecht do additional research on the
particular procedures for filing with the State Administrator.The Board will await the results from Mr.
Hecht.
New Business
Mr.Altieri distributed a recent Journal News Article recommending the benefits of mulching leaves and
leaving them on your lawn instead of municipal leave pick-up. This method appears to be beneficial to
your lawn and would certainly cut municipal costs. Mr.Altieri thinks these kinds of initiatives should be
addressed with residents as part of budget discussions.
Supervisor O'Keeffe submitted the following letter to Mr.Altieri and is duly noted in the Minutes as
follows:
September 30,2011
Stephen V.Altieri
Town Administrator
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
RE: HEALTH BENEFITS FOR RETIRING TOWN SUPERVISOR
Dear Steve,
As you know, my term as Supervisor ends on December 31,2011. On October 20,2004, the Town
Board passed a resolution("Resolution")which, in part,provides:
RESOLVED, that subject to the conditions set forth below, the Town of Mamaroneck shall pay the
entire premium for a single or family policy covering a Qualified Individual who no longer holds
an Eligible Elective Office for as long as that Qualified Individual is eligible under the Town's Plan
to be covered by a Policy if(a)coverage is requested by the Qualified Individual and(b)that
Qualified Individual leaves an Eligible Elective Office after attaining fifty-five years(55)of age.
As a Qualified Individual(defined in the Resolution), 1 hereby request the Town to continue to
keep me and my family enrolled in the Town's Plan(also defined in the Resolution)and pay the
entire premium for a Policy(also defined in the Resolution)covering me and my family with the
insurance company which issues health insurance policies pursuant to the Town's Plan. 1 request
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October 5,2011
that the Town continue to pay the premiums for such coverage for as long as 1 am eligible under
the terms of the Resolution to be enrolled in the Town's Plan or until l notify the Town otherwise.
Very truly yours,
Valerie M. O'Keeffe
Supervisor, Town of Mamaroneck
Cc: Town Board
Town Attorney
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:10 PM, she then pointed out the location of exits.
Supervisor O'Keeffe noted the agenda items discussed during Work Session, reiterating to the audience
that the Work Session is open to the public.
PRESENTATION
Pat Allen and Cathy Bennett,were present to receive the Proclamation from the Town Board as follows:
PROCLAMATION
GIRL SCOUTS OF THE USA 1912—2012
WHEREAS: Juliette Gordon Low founded the Girl Scouts of the USA on March 12, 1912; and,
WHEREAS: The Girl Scouts of the USA began celebrating their 100th anniversary on October 1,2011
with a nationwide celebration; and
WHEREAS: Throughout its distinguished history,Girl Scouting has welcomed girls and women from
every background to join,and has inspired them with courage,confidence,and character to make the
world a better place; and,
WHEREAS: Through the Girl Scout Leadership Experience girls develop skills and lessons that serve
them throughout their lives so that they may contribute to their communities; and,
WHEREAS: Girl Scouting takes an active role in increasing girls'awareness of opportunities in math,
science,sports,technology,and many other fields of interest that can expand their
horizons; and,
WHEREAS: The Town of Mamaroneck has benefited in many ways from the contributions of Girl Scouts
throughout our community.
NOW,THEREFORE, BE IT RESOLVED,that I,Valerie Moore O'Keeffe,Supervisor of the Town of
Mamaroneck,and the Town Board members hereby congratulate and thank the Girl Scouts of the USA for
their 100 years of service to our community and extend best wishes for future pursuits and endeavors,and
proudly proclaim the Week of March 12-16,2012,as Girl Scout Week.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be
affixed this 5`"day of October 2011.
Valerie Moore O'Keeffe,Supervisor
Phyllis Wittner,Councilwoman Ernest C. Odierna,Councilman
Nancy Seligson,Councilwoman David Fishman,Councilman
Attested to by:
Christina Battalia,Town Clerk
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October 5,2011
PUBLIC HEARING (S) — Section 8 Housing Administrative Plan.
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, October 5, 2011 at 8:00 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 approve the Section 8 Housing Administrative Plan.
Purpose:
The Town under the regulations governing the Section 8 Housing Voucher Program is
required to hold a public hearing each year on the Section 8 Housing Administrative
Plan.
The Section 8 Housing Administrative Plan 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 be
given 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: August 29,2011
On motion of Councilwoman Seligson,seconded by Councilwoman Wittner,the Public Hearing was
unanimously opened.
Supervisor O'Keeffe invited Anna Danoy, Director of Community Services,to present the Plan.
Ms. Danoy began by noting some of the issues regarding housing needs within our community. Ms.
Danoy noted that there are no revisions to this plan since its last submission.
On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,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
Section * Housing Administrative Plan 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 Odierna,it was unanimously
RESOLVED,that the Mamaroneck Town Board does hereby accept the
Public Housing Agency Administrative Plan for the Fiscal Year
beginning January 1,2012.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe then on motion of Commissioner Wittner,
seconded by Commissioner Odierna,the Board of Fire Commissioners was unanimously declared open.
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October 5,2011
Present were the following members of the Commission:
Commissioner: Valerie M. O'Keeffe
Commissioner: Phyllis Wittner
Commissioner: Ernest C. Odierna
Commissioner: Nancy Seligson
Absent was the following Commissioner:
Commissioner: David J. Fishman
1. FIRE CLAIMS
With the absence of Commissioner Fishman, Mr.Altieri read the Fire Claims,thereafter on
Commissioner O'Keeffe's motion,seconded by Commissioner Wittner,it was
RESOLVED that this Commission hereby authorizes payment of the following
Fire Department claims as approved by the Fire Chief and audited by the
Comptroller's Office:
AAA Emergency Supply NFPA Boots $305.00
Brewer Trimmer Line,Weed Killer, Painting Supp. 62.76
Cleaning Sys Company Cleaning supplies 511.05
Con Edison Gas Charges 7/29-8/29/11 179.32
David Dorzbacher Firefighter Exam, Bedding, EMT Course 1,036.88
ESS Inc. Utility 56 Radio Repair 425.00
Galls Inc. Career Staff Uniform Supplies 176.45
IKON Copier 8/22-9/21/11 204.35
Marc Duggan Reimbursement for Vent Expense 8.64
Max Goldman Locking Connector and Plugs,Amps 67.95
Robert's Department Stores Rain Gear 25.00
Sound Shore Pest Control Exterminating Service 8/25/11 65.00
Technical Electronics Inc. Radio Communication Equipment 13,204.00
United Communications Corp. Monitor IV Repair 333.86
Verizon Telephone 9/10-10/9/11 369.95
Villa Maria Pizza Food for Explorer Drill and Working Fire 181.73
Westech Elevator September Maintenance 175.00
Total: $17,331.94
The above resolution was put to a roll call vote:
Commissioner Seligson Aye
Commissioner Odierna Aye
Commissioner Wittner Aye
Commissioner O'Keeffe Aye
2. Other Fire Department Business
On motion of Commissioner Wittner,seconded by Commissioner Seligson,it was
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October 5,2011
RESOLVED,that the Board of Fire Commissioners does hereby authorize the
transfer of funds in the amount of$4,500 from the unexpended balance of the
Fire District to provide for the painting of the downstairs room at the Fire
Headquarters.
The above resolution was put to a roll call vote:
Commissioner Seligson Aye
Commissioner Odierna Aye
Commissioner Wittner Aye
Commissioner O'Keeffe Aye
Commissioner Wittner read the Fire Report for the Month of September as submitted by Chief Collins as
follows:
September 2011
ALARM TYPE NUMBER
Generals 22
Minors 23
Stills 6
Out of Town (Mutual Aid) 2
EMS 13
Drills 2
TOTAL 68
Total number of personnel responding: 814
Total time working: 30 hours and 22 minutes
Commissioner Wittner discussed her attendance at the last Fire Council Meeting. Of particular interest was
the discussion of the S.A.F.E.R Program. Commissioner Wittner also noted that the Department has a
college scholarship for the Junior Firefighters. The Fire Department will hold their annual Open House on
October 151"
There being no further business to come before the Commission,on motion of Commissioner
Seligson,seconded by Commissioner Wittner,the Commission unanimously adjourned and the Town Board
reconvened.
AFFAIRS OF THE TOWN
1. Authorization—Sale of Surplus Equipment
On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner,it was
RESOLVED,that the Mamaroneck Town Board does hereby declare the following
equipment to be surplus,and authorizes the Town Administrator to initiate the sale of
the equipment.
Fire Dept: Fleet 305/Eng 37-1987 Seagrave Pumper
VIN#1F9EUZ8H6HCST2061, miles 45653.
Police Dept: Fleet 13/Car 7-2006 Ford Crown Victoria
VIN#2FAFHP71W3YX201069, miles 45859.
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October 5,2011
Police Dept: Fleet 17/Car 6(Dare)-2000 Ford Crown Victoria
VIN#2FAFP71W3YX201069, miles 34827.
Highway Dept: Fleet 201-1991 Mack Dump Truck 4WD
VIN#2M2S179CXMC001050, miles 42643.
Sanitation Commission: 1979 Mack Tractor
VIN# R686ST31442, miles 80565.
The above resolution was put to a roll call vote:
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
2. Approval of Certiorari
On motion of Supervisor O'Keeffe,seconded by Councilwoman Wittner,it was
RESOLVED,that the Town Board hereby authorizes the settlement of the following tax
certiorari on the following terms:
Bar-Larch Associates
Address: 1941-1957 Palmer Avenue
Larchmont, NY 10538
Block: 602 Lot: 701
Town of Mamaroneck/Village of Larchmont
Year Current Assessment Reduced Assessment
2007 $112,350 $106,920
2008 $112,350 $106,110
2009 $112.350 $103,350
2010 $112,350 $110,980
The above resolution was put to a roll call vote:
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
3. Salary Authorization
On motion of Supervisor O'Keeffe,seconded Councilwoman Wittner,it was
RESOLVED,that the Mamaroneck Town Board does hereby appoint Christine Bonelli
as a substitute School Crossing Guard at the rate of$71.00 per day effective October
3,2011.
The above resolution was put to a roll call vote:
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
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October 5,2011
On motion of Councilwoman Wittner,seconded by Supervisor O'Keeffe,it was
RESOLVED,that as provided for in the 2011 Town Budget the Mamaroneck Town
Board does hereby authorize the payment of salary to the following:
ADULT RECREATION-Retroactive September 19, 2011-December 31, 2011
Calvin Laughlin Maintenance $12/hr
HOMMOCKS POOL—Retroactive September 19,2011-(continuous)
Katie Ragone EMS $25/session
Jacob Margolis Lifeguard $8.75/hr
Stephanie Markantonis Lifeguard $10.00/hr
John Almonte Lifeguard $10.25/hr
Swim Instructor $12.50/hr
Giani Brussich Lifeguard $10.25/hr
Daniel Brussich Lifeguard $25/session
Erin Riedel Manager $17/hr
ICE SKATING PROGRAM—Retroactive September 12—June 15,2012
Nicole Bernstein Instructor $8/hr
Dorothy Vaughan Johnson Instructor $18/hr
Slavka Button Instructor $18/hr
Jennifer Netrosio Instructor $18/hr
The above resolution was put to a roll call vote:
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
APPROVAL OF MINUTES-August 17,2011 and September 7,2011
On motion of Councilwoman Wittner,seconded by Supervisor O'Keeffe,it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby approve the Board
Minutes from the Meetings of August 17,2011 and September 7,2011.
ORAL COMMUNICATIONS
Abby Katz from the Larchmont Gardens'Civic Association addressed the Board. Ms. Katz announced the
annual Rag-a-Muffin Parade on October 22. Ms. Katz then asked for an update on the Gardens' Lake
Project.
Mr.Altieri responded that the new grass appears to be taking well,although some plantings in a few
sections are still having difficulty. The Town anticipates a reopening late October or early November.
Mr.Altieri noted that in the wake of Hurricane Irene,49 million dollars is now available to Westchester
County through FEMA. The Town has applied for reimbursement of expenses incurred during the
Hurricane but noted that the Town sustained no damage to buildings and structures. Mr.Altieri noted the
opening of the FEMA office this weekend at Harbor Island.
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October 5,2011
WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
Councilwoman Seligson was in Albany on September 23rd, meeting with the Commissioner of the
Department of Environmental Conservation and the Head of Water for the Department of State,to discuss
the importance of Long Island Sound and the need to work together to advocate for funding. On
September 24`",the Village of Larchmont held an Arts Festival. Councilwoman Seligson's friend Kristin
McElroy was the featured artist,adding she had a banner day of sales. On the 27`",SUZi Oppenheimer
convened a panel to discuss Long Island Sound. Councilwoman Seligson was privileged to be among a
panel of representatives from the EPA,the State,the DEC and the County.Tomorrow Councilwoman
Seligson will attend an Activate America Meeting.This is a national effort to improve the health of
community residents and help them be more active.The Rye YMCA has been spearheading this effort
locally,and has been instrumental in generating grants. Councilwoman Seligson announced an upcoming
project initiated by the Larchmont Historical Society Director Lynne Crowley,called 'A Day in the Life of
Larchmont'. Residents are encouraged to take photos on October 201"anywhere in the 10538 zip code for a
'time capsule'commemorative video;this was last done 20 years ago.
Councilwoman Seligson also noted the email from Eric Turkowitz regarding the 4th annual Paine to Pain
Trail Half Marathon. The Paine to Pain has become a very popular and successful event.Over 650 runners
registered for the half marathon that is run on the Colonial Greenway Trail. Mr.Turkowitz praised the trail
stating the "2008 creation of this trail system, linking numerous parks, was like uncovering a diamond in
the rough. Many locals who have run the race had no idea so many trails could be accessed from their own
backyards, and now word has spread well beyond Westchester. While this may sound like hyperbole to
some, l will tell you from the runner's perspective that we may be sitting on top of one of the great half
marathon race courses in the country, and a superb place to run or walk for even the most casual among
us. Trail loops like this are virtually non-existent in such built-up communities."
Councilwoman Wittner also attended the Arts Festival at which Alaiyo Bradshaw,the artist who created
the Town's 3501"Anniversary Illustration won first prize.Congratulations go out to Ms. Bradshaw. The
Coastal Zone Management Commission met last week and discussed an application by Bonnie Briar to
create a retention pond for water from the Sheldrake River that will be used to water the grass.
Councilwoman Wittner noted what an interesting application this is,adding Bonnie Briar will return with
additional information.
Councilman Odierna noted the upcoming Fall Festival at the Sheldrake Environmental Center on
October 16`"from 1:00-4:OOpm,adding this is always a wonderful event. Councilman Odierna stated how
impressed he always is when he receives the Senior Center Calendar,adding he is looking forward to their
Oktoberfest.Councilman Odierna encouraged residents to pick up a copy of the Town's Annual Report as it
is quite impressive.
ADJOURNMENT
On motion of Councilwoman Wittner,seconded by Councilwoman Seligson,the meeting was unanimously
adjourned at 9:50 PM
Submitted by
Christina Battalia,Town Clerk
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