MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF MAMARONECK HELD ON MONDAY, SEPTEMBER 24, 2007 AT 7:30 P.M. IN THE COURTROOM AT VILLAGE HALL, MAMARONECK, NEW YORK
PRESENT: Mayor Philip Trifiletti
Trustees Thomas A. Murphy
Toni Pergola Ryan
John M. Hofstetter
Anthony Fava
Village Manager Leonard M. Verrastro
Village Attorney Lino Sciarretta
Police Department Chief Edward Flynn
Clerk-Treasurer Agostino A. Fusco
ABSENT: None
PUBLIC HEARING
There was a Public Hearing scheduled on Proposed Local Law 16-2007 that could not take place as the law was changed. Village Attorney Sciarretta informed the Board that the Public Hearing will have to be rescheduled and re-noticed after the Board has had an opportunity to review the revised proposed law. This can be done at the next meeting.
1. APPROVAL OF MINUTES
A. Public Hearing of June 25, 2007 on Proposed Local Law 10-2007 (Time Limits & Fees of Metered Parking Zones)
On motion of Trustee Ryan, seconded by Trustee Murphy:
RESOLVED that the minutes submitted to the Board are hereby approved.
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
B. Board of Trustees Regular Meeting of June 25, 2007
Trustee Murphy noted that Mr. Santangelo’s comments on the day laborer case during the public comment period were not included. He asked that the notes and recording of this meeting be reviewed so that these comments can be added for the record. Mr. Santangelo’s comments will be added and a draft of the minutes redistributed to the Board.
2. AUDIT OF BILLS
Clerk-Treasurer Fusco informed the Board that the amount of $80,341.62 was spent on flood erosion control. Village Manager Verrastro stated that we are in the process of being reimbursed by FEMA for flood related expenditures. In excess of $500,000 has been submitted for reimbursement and the Village has received approximately $75,000 so far and the rest should be coming soon. The issue of mitigating certain situations that contribute to flood loss was discussed. One issue is the Volunteer Firehouse. Work is beingdone to raise the boiler above the flood plain. The chief is also looking at heating and cooling through ducts, eliminating the boiler. Currently there are inefficient air conditioning units on the side of the building. Trustee Murphy confirmed that all firehouses are air-conditioned.
Trustee Hofstetter questioned the $7,800 paid to Brewer’s Boat Yard for the fire boat. Village Manager Verrastro stated that this was for a water pump and work done on the engine. He also confirmed that the boat is 27 years old and is used for training exercises. Mr. Verrastro informed the Board that an assistance for fire fighters grant had been submitted to the office of Homeland Security, which was denied. Trustee Hofstetter also inquired as to the $3,000 charge for E-Z Pass. Village Manager Verrastro stated that this is for the garbage trucks use in going to and from Mt. Vernon on Interstate 95.
On motion of Trustee Hofstetter, seconded by Trustee Fava:
RESOLVED that the Abstract of Audited Vouchers listed below, copy being filed with the Village Clerk, be and the same are hereby ordered paid:
General Fund $ 337,893.16
Capital Fund 83,959.32
Water Fund 17,955.00
Ambulance Fund 9.96
Mamaroneck Health Center 27.78
Guarantee & Bid Deposit 9,500.00
$ 449,335.22
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
3. OLD BUSINESS
A. FOUL BALL NETTING AT LANZA FIELD
Village Manager Verrastro informed the Board that an email was received from the Chair of the Recreation and Parks Commission stressing the importance of having this netting to protect individuals on the playground from being struck by a foul ball.
A sample of the netting was obtained by the Village Manager for review by the Board.
Mayor Trifiletti asked the Harbor Island Master Plan Implementation Committee to take a look at this netting and to come back with any comments they may have. He also stated that as the backstop at the field is going to be moved; perhaps as an alternative this netting could be put over part of the playground, instead of the field, as it could be laid horizontally, like a canopy, instead of vertically 28 feet high.
Village Manager Verrastro also stated that there has been no record of birds getting caught or hung up in a neighboring town’s netting, as this was a concern of some residents.
B. RESOLUTION IN SUPPORT OF REGIONAL STORMWATER MANAGEMENT DISTRICT
A report was submitted by LISWIC on a feasibility study by Malcolm Pirnie asking for the Village’s support of a resolution to create a Regional Stormwater Management District. The communities of Rye Brook and the Town of Mamaroneck have adopted the resolution. It is also scheduled to be adopted tonight in New Rochelle. This resolution will then be sent to Albany for vote by the state Legislature. Both the Village Manager and Assistant Village Manager believe that this has to be solved with a regional approach as it is a regional problem. White Plains has been contacted again to try to have them join LISWIC.
Mr. Glen Tibbit suggested that the Village have an escape clause in the event LISWIC no longer acts in the best interest of the Village. The Board agreed that this should be looked at when the legislation is drafted.
Trustee Murphy stated that this could potentially save the Village a good deal of money as the maintenance of the storm sewer system will be handled by the Management District.
On motion of Trustee Ryan, seconded by Trustee Fava:
WHEREAS, the Environmental Protection Fund grant provided funding to enable the Long Island Sound Watershed Intermunicipal Council (LISWIC) to enter into an agreement with Malcolm Pirnie, Inc. a recognized engineering and consulting firm, to identify and evaluate methods of providing services, funding scenarios, organizational structures, proposed staffing, details of governance and the advantages and disadvantages of a regional storm water management district; and
WHEREAS, the devastation to persons and property resulting from the April 2007 nor’easter that struck Westchester County underscores the exigency for regional cooperation to address storm water quantity as well as storm water quality issues; and
WHEREAS, Malcolm Pirnie’s final report entitled Evaluation of a Regional Storm Water Management District details and recommends an organizational, operational and financial structure for a regional storm water management district and outlines legislative strategies, procedures, statutory powers, authority, responsibility and other essential legislative components of such a district; and
WHEREAS, LISWIC members desire to implement the recommendations of the Malcolm Pirnie report and to achieve the economic, environmental, public health and service benefits that can be realized by developing a legislative model to foster cooperation among local governments in addressing regional storm water management and flooding concerns.
NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Mamaroneck hereby endorses the recommendations contained in the Evaluation of a Regional Storm Water Management District report and authorizes LISWIC to request that the state legislature draft legislation to create a regional storm water management district for the lower Long Island Sound Drainage Basin with the authority, powers, duties and responsibilities delineated in the Malcolm Pirnie report. The draft legislation will be distributed to LISWIC and member communities before introduction.
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
4. NEW BUSINESS
A. RESCHEDULE OCTOBER 8, 2007 MEETING
As the Regular Meeting of the Board of Trustees to be held on October 8, 2007 falls on a holiday (Columbus Day), it was requested that the Board pass a resolution rescheduling the meeting.
On motion of Trustee Hofstetter, seconded by Trustee Fava:
RESOLVED that the Regular Meeting of the Board of Trustees scheduled to be held on Monday, October 8, 2007, be and the same is hereby rescheduled for TUESDAY, OCTOBER 9, 2007 at 7:30 p.m. in the courtroom at Village Hall.
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
B. SCHEDULE PUBLIC HEARING ON PROPOSED LOCAL LAW 19-2007
On motion of Trustees Murphy, seconded by Trustee Ryan:
BE IT RESOLVED that a Public Hearing is hereby scheduled for October 9, 2007 at 7:30 p.m. at the Courtroom at Village Hall to consider Proposed Local Law 19-2007 (Village Attorney as Employee).
Ayes: Hofstetter, Ryan, Murphy, Trifiletti
Nays: Fava
C. REQUEST FROM CHAMBER OF COMMERCE – UMBRELLA DAYS
The Mamaroneck Chamber of Commerce is requesting to hold Sidewalk Sales on Thursday, October 11; Friday, October 12 and Saturday, October 13 with a rain date of Monday, October 15, 2007.
On motion of Trustee Fava, seconded by Trustee Ryan:
BE IT RESOLVED that the Mamaroneck Chamber of Commerce is hereby authorized to hold their Sidewalk Sales on Thursday, October 11; Friday, October 12 and Saturday, October 13 with a rain date of Monday, October 15, 2007.
Ayes: Hofstetter, Ryan, Murphy, Trifiletti
Nays: Fava
D. AGREEMENT REGARDING 2007 HAZARD MITIGATION GRANT APPLICATION
Village Manager Verrastro and Assistant Village Manager Yamuder met with Frank Morganthaler, of Hazard Mitigation Consultants, LLC last week regarding two applications for Hazard Mitigation Grants that made it past the first phase, the letters of intent, where they were approved as qualified projects. The grants are for the Jefferson Avenue Bridge and Backflow Prevention Valves. The applications are extremely lengthy (approximately 45 pages) and due by November 9th. The Village received a proposal from HMC for $5,000.00 which both the Manager and Assistant Manager believe to be very reasonable considering the size of the applications. Assistant Manager Yamuder informed the Board that a third application, regarding additional flood mitigation measures included in the Leonard Jackson Associates Study has been approved for
eligibility.
On motion of Trustee Ryan, seconded by Trustee Fava:
RESOLVED, Village Manager Leonard Verrastro is hereby authorized to sign an agreement with Hazard Mitigation Consultants, LLC, 227 Young Place, Tuckahoe, NY, on behalf of the Village for Consultant Services in preparing two (2) Hazard Mitigation Grant Program Applications in the amount of $5000.00. The agreement is on file with the Clerk-Treasurer’s Office.
Ayes: Hofstetter, Ryan, Murphy, Trifiletti
Nays: Fava
E. PROPOSED LOCAL LAW 16-2007 (DRAFT ETHICS CODE)
Comments that were submitted regarding this local law are being filed for the record.
F. AGREEMENT FOR PROFESSIONAL SERVICES- RECLASSIFICATION AND MODIFICIATIONS MAMARONECK RESERVOIR DAM
An agreement from Stearns and Wheeler Engineers in connection with services proposed regarding the Mamaroneck Reservoir was received by Rob Yamuder, Assistant Village Manager. Village Manager Verrastro explained that there are three parts to the proposal; one is to look at the reclassification of the dam from Hazard Class C to Hazard Class B; the second part is to update our emergency action plan (which should be done on a yearly basis) and the third is modifications to meet the dam safety regulations (approval of the third part of the proposal is not being sought at this time). Although the dam is owned by the Westchester Joint Waterworks, the Village has assumed responsibility for maintenance and repair as it is used for flood control and no longer necessary for maintaining a water supply. This was agreed to in the late
1970’s. Trustee Murphy asked if the dam does provide flood control in a heavy rain. Mr. Verrastro stated that it does not. In a heavy rain, the water goes over the top. Mayor Trifiletti asked if it would be prudent to wait for the study from Leonard Jackson before completing this work. Mr. Verrastro stated that part two, the emergency action plan update, has to be completed by law and the cost of this is $9,300. Mayor Trifiletti suggested waiting for the study from Leonard Jackson to complete part one. Trustee Ryan asked if we have a copy of the agreement from the 1970’s. Mr. Verrastro will get a copy of this to the Board. Trustee Ryan also asked if it is worth keeping the dam up if it is not really helping flood control. Trustee Murphy asked if this study looks at what would happen if the dam was removed. Assistant Village Manager Yamuder informed the Board that the dam was never built to be a flood control device and right now as a Hazard Class C, it is considered a
detriment to property and life. If the dam is reclassified to a Class B it would mean less liability for the Village in the event the dam fails. Sterns and Wheeler made this recommendation when they first performed an emergency action plan update. Mr. Yamuder also stated that Stearns and Wheeler completed a study on the ramifications of removing (or decommissioning) the dam. At the time, the quote for doing this was $1.2 or $1.4 million dollars and we could apply for a grant of up to $300,000 for completing this. A study of whether or not removing the dam would actually help the Village has not been done. If done, this study would have to be reviewed and approved by the DEC before being done. Mayor Trifiletti stated that the Waterworks with the DEC looked at this last spring to see if something could be done to the dam to hold more water back. This report has still not been completed. Peggy Jackson, Chair of the Flood Committee informed the Board that the committee has not received
a response to their letter sent to Mr. Spano regarding the county’s plan for the Saxon Wood property, so that any work the Village does would be in conjunction with the county’s efforts.
On motion of Trustee Ryan, seconded by Trustee Fava:
RESOLVED, that the following transfer of funds to conduct Emergency Action Plan Update by Stearns and Wheeler Engineers is hereby approved:
From To
Account Amount Account Amount
A1990 Contingent A1440 Engineer
.999 Account $9,300 .421 Contract Svs. $9,300
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
G. BUDGET AMENDMENT – STREAM BANK IMPROVEMENTS - SHELDRAKE RIVER COLUMBUS PARK - $62,000
Based on an agreement with Westchester County, the Village had agreed to maintain the improvements made a few years ago to the stream banks of the Sheldrake River in Columbus Park. As a result of a review by the county it was determined that the stream bank has been taken over by invasive plants and many of the initial plants were not properly cared for and maintained. As a result, the Village sent out a request for proposals to perform the work required to restore the areas. The low proposal from Peter J. Landi in the amount of $62,000 was presented to the Board.
Trustee Ryan asked if the county is instructing the Village to plant the same plants. Village Manager Verrastro stated that yes; we are required to use these same species. He also stated that the Village does not have the personnel trained to maintain these plants, and therefore a professional landscaping firm is going to have to be hired to maintain this area as well as the west basin at Harbor Island, as they do not want to jeopardize the plantings. Trustee Ryan asked if it is feasible to have a Village landscaping department. Village Manager Verrastro will look into this and report back. Maureen Zaccagnino asked if it would be possible to have interns from the area colleges do the work. The Board thought this a good idea.
On motion of Trustee Murphy, seconded by Trustee Fava:
RESOLVED that $62,00 be and is hereby appropriated in the Capital Projects Funds for the Stream Bank Improvements to the Sheldrake River in Columbus park; and
BE IT FURTHER RESOLVED that the financing amount of $62,000 will be provided by the future adoption of the necessary bond resolution.
Ayes: Hofstetter, Ryan, Murphy, Trifiletti
Nays: Fava
H. BUDGET AMENDMENT - $71,000 AND TRANSFER OF FUNDS $9,000 KVS SOFTWARE CONVERSION
Clerk-Treasurer Fusco informed the Board that there have been issues with the MUNIS package. Customer support is not good and he feels they have become too big to service a small village such as Mamaroneck. He also stated that for the last three years, budgets have had to be entered manually and prior data had been lost by MUNIS during the conversion. They had many other problems converting from their DOS to Window based versions. When asked why he decided to change to KVS, Mr. Fusco stated that he contacted other local municipalities to see what they used. The two major products used are MUNIS and KVS. Mr. Fusco traveled to Peeksville with the Deputy Treasurer, Carole Popick and IT Consultant, Al Peron to see how it works. Mr. Peron did an analysis that shows a recoup of the monies spent and a beginning of savings in two years. Village
Manager Verrastro informed the Board that KVS would fully automate the requisition system. Glenn Tippitt believes that what was spent to have Village officials enter and reenter budget numbers is ridiculous and a waste of money. KVS will convert five years of historical data and two years of budget detail.
On motion of Trustee Murphy, seconded by Trustee Fava:
RESOLVED, that $71,000 be and is hereby appropriated in the Capital Projects Find for the purchase and installation of the KVS Application Software as described in their proposal dated September 17, 2007; and
BE IT FURTHER RESOLVED that the financing is to provided by the future adoption of the necessary bond resolution.
From To
Account Amount Account Amount
A1990 Contingent A1680 Central Data Processing
.999 Account $9,000 .421 Contract Services $9,000
Ayes: Fava, Hofstetter, Murphy, Trifiletti
Nays: Ryan
I. TAX CERTIORARI SETTLEMENT
Village Attorney Sciarretta informed the Board that this is a settlement covering nine properties over a 12 year period for Suburban Carting Corp in the amount of $354,800 payable over five years and it is interest free. This settlement was approved by the Assessor. These certioraris are out of the Board’s control and Trustee Murphy stated that there are more coming and he believes that the only relief would be for there to be a revaluation by the county.
On motion of Trustee Murphy, seconded by Trustee Hofstetter:
RESOLVED that the tax certiorari settlement in the amount of $354,800 be and is hereby approved to be paid over a five year period.
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
J. CONFERENCE/OVERNIGHT STAY (ADDED TO AGENDA)
Police Chief Flynn is requesting approval to send two officers, Sergeant Steve Gerardi and Lieutenant Chris Leahy to the New York Highway Safety Conference scheduled for October 14-17, 2007 at Lake Placid, New York. The total cost to send both officers is approximately $850. The funds have been budgeted for this training. The Chief stated that this will benefit these officers in performing their tasks and will also benefit the Department in carrying out its mission.
On motion of Trustee Fava, seconded by Trustee Hofstetter:
RESOLVED, the Board hereby approves two officers, Sergeant Gerardi and Lieutenant Leahy, attend the New York Highway Safety Conference scheduled for October 14-17, 2007 at Lake Placid, New York at the cost of $850.00.
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
5. ADMINISTRATIVE REPORTS OF VILLAGE MANAGER
A. FILED FOR THE RECORD – PHASE III WASHINGTONVILLE AGREEMENT
Village Manager Verrastro stated that this is for the Washingtonville sidewalk restoration which is a CBDG Project.
6. ADMINISTRATIVE REPORTS OF CLERK-TREASURER
A. RESIGNATION OF ED RYAN, CHAIR OF TRAFFIC COMMISSION/DESIGNATION OF NEW CHAIRPERSON
Clerk-Treasurer Fusco informed the Board that Chairman Ed Ryan resigned as member of the Traffic Commission and that the Board needs to appoint a Chair to take his place. Mayor Trifiletti thanked Ed for all of his good work. This Commission is down two members.
B. DISSOLUTION OF MAMARONECK AFFORDABLE CONDOMINIUM CORPORATION
Clerk-Treasurer Fusco filed for the record a memorandum dated September 10, 2007 from the Mamaroneck Affordable Condominium Corporation to the Board of Trustees stating that with no further business required of them and having subrogated to the Village its right in all pending legal matters and having transferred to the Village all its funds, excepting a reserve retained for the payment of remaining expenses, the MACC voted on August 24, 2007, to take the steps required for the dissolution of the corporation and the termination of its operations.
7. ADMINISTRATIVE REPORTS OF THE VILLAGE ATTORNEY
A. LOCAL LAW 12-2007 (AMENDING TIME LIMITS OF METERED PARKING ZONES)
This Local Law has been filed with the Secretary of State.
8. ADMINISTRATIVE REPORTS OF POLICE CHIEF
9. MINUTES – COMMISSIONS, BOARDS, COMMITTEES:
A. BUDGET COMMITTEE MINUTES OF SEPTEMBER 11, 2007
10. PUBLIC COMMENT PERIOD
Mr. Glen Tippitt stated that as there was a resolution passed recently allowing employees to bank sick days, this should be closely monitored as the county had a problem with it and is owed money because they did not stay on top of it. Mr. Verrastro stated that they are still in negotiations with the union and have not yet finalized the rules and regulations governing this. Mr. Tippitt informed the Board that FEMA is in the process finalizing the new flood map. If you are not sure if you are going to be in the flood zone, you can go on FEMA’s website to check your address so that you can get flood insurance before the October 1st date. Mayor Trifiletti asked that the FEMA website address be put on the Village’s website. Lastly, Mr. Tippitt read about a conference on affordable housing and the only way to have affordable housing
is to have some parts of the Village more densely populated than other areas. He believes this is something that should be studied by the 2025 Committee.
Ms. Maureen Zaccagnino asked for a follow up on an issue she brought up at the last meeting regarding a house on Howard Avenue. Mayor Trifiletti stated that the Building Department is looking into the issue. Mayor Trifiletti also stated that he believes that the Village residents need to be educated on flood mitigation and that residents are not aware of the code and how what they do at their homes needs approval and can affect flooding. Trustee Ryan also believes that these homes should be issued an order to remedy and/or violation. There was discussion on how violations are discovered and remedied. The Board informed the audience that a neighbor can complain or a violation can be in plain site. At that point the resident would have to either have the violation approved by going in front of either the zoning or planning board or they could
remedy the violation by removing it. Natasha Cherney stated to the Board that education needs to be done however code enforcement has to work hand in hand with it and that perhaps the whole community needs to be put on notice that all properties will be inspected to insure that Village Code is being followed. Village Manager Verrastro suggested putting this message out in the next Voice of the Village, however with the shortage of staff at the Building Department the inspections cannot be done at this time. The issue of making Village employees Constables, as is done at the Town so that violations can be issued without having to wait for a police officer or code enforcement office to be called to the scene was discussed. The Town is using DPW workers as Constables.
Mayor Trifiletti announced that on Wednesday there will be a retirement dinner for Mary Poccia. Mary is the assistant to the Manager of the Westchester Joint Waterworks and is retiring after 26 years of service. Mayor Trifiletti would like to congratulate her and wish her happiness and health in her retirement. The Mayor also mentioned that the 4th annual resident’s camp out had recently taken place. The Mayor thanked some of the individuals that were instrumental in making this such a success.
Trustee Hofstetter also attended the camp out. It was cold but a lot of fun. He also thanked the volunteers who helped out, especially Craig Casterella. He asked Mr. Verrastro if the sewer lines going in at the new building on Stuart (Sweetwater) will be televised. Mr. Verrastro stated that they will be televised. Trustee Hofstetter also mentioned that many of the residents who are permitted to park in the lot by Sweetwater were a bit put out by all of the construction vehicles parked there. Mr. Verrastro informed him that the police and building departments worked out a solution allowing these vehicles to park in the building’s underground parking structure. If they still park illegally, they will be ticketed. Trustee Hofstetter informed the Board that the Budget Committee would like to meet with the Board and that two members will
have to be appointed at the next meeting.
Trustee Ryan reminded everyone of the E-waste day that will take place on October 20 at the Fenimore Road salt treatment plant from 10 – 3. Trustee Ryan and her husband also attended the camp out. It was fun and she tried the new playground equipment. Trustee Ryan also attended the picnic in Columbus park sponsored by the Chamber of Commerce. It was well attended and very well done.
Trustee Fava also attended the picnic at Columbus Park. He mentioned as part of our emergency management program, we should make sure that any communication that goes out is in the languages that are spoken in the Village. Trustee Fava read from an article about roadside gardening in N. Salem. They are using retired residents to maintain flower beds. This may be something that could be done in the Village and something that should be looked into. Mayor Trifiletti asked residents that if they are interested to contact the Village Office.
Mayor Trifiletti also mentioned that there was a barbeque at the Harbor for the volunteers of the Historic Street Fair.
Village Manager Verrastro informed all that Craig Casterella is being honored by the Victoria III Society as their Man of the Year. It is well deserved. On a sad note, Vinny Pinachia, the owner of Vinny’s Garage died today. The Board sent their condolences to the family and friends.
There being no further business to come before the Board, on motion duly made and seconded, the meeting was adjourned.
PREPARED BY: RESPECTFULLY SUBMITTED BY:
SALLY J. ROBERTS, AGOSTINO A. FUSCO,
SECRETARY CLERK-TREASURER
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