MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF MAMARONECK HELD ON MONDAY, NOVEMBER 13, 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
Deputy Village Attorney Joseph Messina
Police Chief Edward Flynn
Clerk-Treasurer Agostino A. Fusco
ABSENT: None
1. APPROVAL OF MINUTES
A. Public Hearing on Proposed Local Law 15-2007 (Metered Parking Zones)
B. Board of Trustees Regular Meeting of August 27, 2007
On motion of Trustee Ryan, seconded by Trustee Fava:
RESOLVED that the Minutes of the Public Hearing on Proposed Local 15-2007 (Metered Parking Zones) and the Board of Trustees Regular Meeting of August 27, 2007 are hereby accepted as submitted.
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
2. AUDIT OF THE BILLS
Trustee Murphy stated that Village Manager Verrastro has been going over the bills from Thatcher, Proffitt and Wood to August 31, 2007 and that the amount shown in the abstract is what was determined a fair payment to Thatcher, Proffitt and Wood for their services up to and including August 31, 2007. Trustee Murphy made a motion to approve this abstract on the condition that the firm of Thatcher, Proffitt and Wood accept this amount as full and fair payment for their services up to and including August 31, 2007. Trustee Murphy would like this in writing. Mr. Verrastro stated that he will draft this for their signature. Trustee Fava seconded:
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 $ 402,962.22
Capital Fund 297,955.99
Mamaroneck Health Center 107.96
Guarantee & Bid Deposit 28,731.03
$ 729,757.20
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
3. OLD BUSINESS
An email was received from the members of the Outdoor Power Equipment Institute requesting a short postponement by the Board of the public hearing on Proposed Local Law 16-2007, a Local Law amending Section 254 (Specific Prohibitions) of Chapter 254 (Noise) of the Code of the Village of Mamaroneck. They will have difficulty attending the scheduled hearing as it falls during the Thanksgiving Holiday.
On motion of Trustee Murphy, seconded by Trustee Ryan:
RESOLVED that the Public Hearing on Proposed Local Law 16-2007, a Local Law amending Section 254 (Specific Prohibitions) of Chapter 254 (Noise) of the Code of the Village of Mamaroneck, is hereby rescheduled for Monday, December 10, 2007.
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
4. NEW BUSINESS
A. TERMINATION OF RETAINER AGREEMENT
Trustee Murphy informed the Board that this is a proposed Termination of Retainer Agreements with Joseph C. Messina, in his capacity as Deputy Village Attorney and Village Prosecutor. Mayor Trifiletti believes that as he, the Mayor, appoints the Deputy Village Attorney and Village Prosecutor, only he can terminate their appointment. Trustee Murphy disagrees and believes that this has been done previously by other municipalities. Trustee Murphy also believes that the Board can terminate these agreements if dissatisfied. Trustee Fava asked to see this in writing. Trustee Murphy does not have a document that says this. Trustee Fava questioned why this could not wait the two weeks until the Agreements expire. Trustee Murphy stated that he wants to send a message that the Village’s position is clear and that the Village is
protected.
Trustee Fava made a motion to reverse the illegal vote that was taken on line, where it was decided not to pay Mr. Messina, as he believes this vote violates the Open Meetings Law. This was a vote taken by Trustees Ryan, Murphy and Hofstetter not to pay a bill submitted by Mr. Messina. Trustee Murphy stated that Trustee Fava and Mayor Trifiletti left the Executive Session in which this was being discussed and therefore a vote could not be take. The Mayor stated that yes, he did leave the room, however it was after he said he needed more facts on the matter. Mayor Trifiletti seconded the motion.
On motion of Trustee Fava, seconded by Mayor Trifiletti:
RESOLVED that the vote taken on line regarding not paying a bill submitted by Mr. Messina be and is hereby reversed:
Ayes: Fava, Trifiletti
Nays: Hofstetter, Murphy
Abstain: Ryan
Ron Trucchio appeared. He stated that as this has been brought up at a public meeting, he would like to know what the deficiencies are and why the Board is dissatisfied with Mr. Messina. Trustee Murphy did not want to expand upon this as he believes it could lead to more litigation.
On motion of Trustee Murphy, seconded by Trustee Hofstetter:
RESOLVED that the Village Manager be and is hereby authorized to notify Joseph C. Messina, Esq., in writing, that the Village is terminating two (2) retainer agreements, both dated January 11, 2007, executed by and between Mr. Messina and the Village. These retainer agreements permit Mr. Messina to act as Deputy Village Attorney and Village Prosecutor. Such terminations will be effective thirty (30) days from the date of the written notice from the Village Manager.
Ayes: Hofstetter, Ryan, Murphy
Nays: Fava, Trifiletti
B. TRAFFIC AMENDMENTS
4B1 Time Limit Parking on Fenimore Road
A local business owner recommended this change to prevent all day parking in an area intended for customers of local business, making it a 90 minute parking area.
On motion of Trustee Murphy, seconded by Trustee Ryan:
RESOLVED that the following amendment to CHAPTER 326, SECTION 91 (VEHICLES AND TRAFFIC) of the code of the Village of Mamaroneck be, and the same herby is, adopted by the Board of Trustees:
Section 91 TIME LIMIT PARKING
By adding to Chapter 326, Section 91, Schedule XXIV:
Name of Street Side Time Limit; Hours/Days Location
Fenimore Road West 90 minutes: 9:00 a.m. to All six parking spaces
5:00 p.m./ Monday through in front of 700
Saturday except holidays Fenimore Road
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
4B2 No Stopping on Old White Plains Road
A local resident asked for this change to improve safety for vehicles turning from Mamaroneck Avenue onto Old White Plains Road and to enhance parking for local businesses.
On motion of Trustee Murphy, seconded by Trustee Hofstetter:
RESOLVED that the following amendment to CHAPTER 326, SECTION 86 (VEHICLES AND TRAFFIC) of the code of the Village of Mamaroneck be, and the same herby is, adopted by the Board of Trustees:
Section 86, Schedule XIX NO STOPPING
Rescind:
Name of Street Side Location
Old White Plains Road East From Madison Street to the driveway of 661 Old White Plains
Road , approximately 60 feet in a southerly direction
and
Old White Plains Road East From the crosswalk at the intersection of Mamaroneck
Avenue to a point 20 feet northerly therefrom
Add:
Name of Street Side Location
Old White Plains Road East From the crosswalk at the intersection of Mamaroneck
Avenue to a point 40 feet northerly therefrom
Ayes: Hofstetter, Ryan, Murphy, Trifiletti
Nays: Fava
4B3 Time Limit Parking on Old White Plains Road
The Police Department asked for this change to improve vehicular traffic flow and to enhance parking for local businesses.
On motion of Trustee Fava, seconded by Trustee Ryan:
RESOLVED that the following amendment to CHAPTER 326, SECTION 91 (VEHICLES AND TRAFFIC) of the code of the Village of Mamaroneck be, and the same herby is, adopted by the Board of Trustees:
Section 91, Schedule XXIV TIME LIMIT PARKING
Rescind:
Name of Street Side Time Limit; Hours/Days Location
Old White Plains Road East 60 mins.; 9:00 a.m. to 5:00 p.m./ From Grand Street to Mamaroneck Monday through Saturday Avenue
except holidays
and
Old White Plains Road East 15 mins.; 6:00 a.m. to 6:00 p.m./ From a point 20 feet north of the
All Crosswalk at the intersection of Mamaroneck Avenue to a point 20 feet north thereof
Add:
Name of Street Side Time Limit; Hours/Days Location
Old White Plains Road East 60 mins.; 9:00 a.m. to 5:00 p.m./ From Grand Street to Madison Street Monday through Saturday
except holidays
and
Old White Plains Road East 30 mins.; 9:00 a.m. to 5:00 pm/ From a point 40 feet north of
Monday through Saturday the crosswalk at the intersection
except holidays of Mamaroneck Avenue to the
intersection of Madison Street
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
4B4 No Stopping on Green Meadow Lane
A resident asked for the extension of the No Stopping area by 16 feet to allow the safe exit of automobiles coming out of the driveway to 899 Orienta Avenue.
On motion of Trustee Murphy, seconded by Trustee Hofstetter:
RESOLVED that the following amendment to CHAPTER 326, SECTION 86 (VEHICLES AND TRAFFIC) of the code of the Village of Mamaroneck, be, and the same herby is adopted by the Board of Trustees:
SECTION 86 NO STOPPING
By amending Chapter 326, Section 86, Schedule XIX by:
Rescind:
Name of Street Side Location
Green Meadow Lane North From Orienta Avenue to a point
20 feet west thereof
-and-
Add:
Name of Street Side Location
Green Meadow Lane North From Orienta Avenue to a point
36 feet west thereof
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
4B5 No Stopping on Lester Avenue
A property owner asked for no stopping due to the fact that vehicles parked in this area are a hazard to vehicles making a right turn out of the parking lot driveway.
The Board tabled this request and asked the Board of Traffic Commissioners for more information before moving forward.
C. APPOINTMENT OF IAN S. DALY TO FLOOD COMMITTEE (OPEN POSTION)
On motion of Trustee Fava, seconded by Trustee Ryan:
RESOLVED, that Ian S. Daly be and is hereby appointed a member of the Citizens Flood Committee to fill an unexpired term, such term to expire December 2009.
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
D. APPOINTMENT OF LEON A. POTOK TO BUDGET COMMITTEE (OPEN POSITION)
On motion of Trustee Fava, seconded by Trustee Murphy:
RESOLVED that Leon A. Potok be and is hereby appointed to the Budget Committee to fill an unexpired term, such term to expire December 2009.
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
E. APPOINTMENT OF THEODORA SAAL TO CONSTITUENT COMMITTEE (OPEN POSITION)
On motion of Trustee Murphy, seconded by Trustee Ryan:
RESOLVED that Theodora Saal be and is hereby appointed to the Constituent Committee to fill an unexpired term. There are no term limits set for this Committee.
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
F. RADIANT HEAT AT FIREHOUSE APRON (ADDED TO AGENDA)
The Fire Department has requested that the Board consider a proposal for the installation of an exterior radiant heating (snowmelt) system in the apron in front of the new firehouse. The estimated cost, including additional design services of $9,950 will be approximately $95,000 based on a cost estimate prepared by the architects on the project, H2M Group. The cost of the design service is not only for the design of theradiant heat it is also for redesign of a computer closet into a data center on the second floor of the building, which would be more conducive for use as a command center,.
If the Board is in agreement, the Village Manager would need authorization to add this as an approved alternate to the project and provide the funding from the funds provided in the construction contingency, together with an authorization to sign the amendment to professional services. Village Manager Verrastro distributed copies of the amendment, cost estimate and original amended authorization for funding for the project.
On motion of Trustee Murphy, seconded by Trustee Ryan:
RESOLVED that Village Manager Leonard Verrastro is hereby authorized to add radiant heating for the apron of the Firehouse as an approved alternate to the project and funding will come from the funds provided in the construction contingency; and
BE IT FURTHER RESOLVED that Mr. Verrastro is authorized to sign the amendment to professional services with H2M Group on behalf of the Village.
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
5. ADMINISTRATIVE REPORTS OF VILLAGE MANAGER
A. Agreement with Larchmont-Mamaroneck Community Counseling Center
Village Manager Verrastro informed the Board that a fully executed copy of the Village of Mamaroneck and Larchmont-Mamaroneck Community Counseling Center Agreement for the period of January 1, 2007 – December 31, 2009 is being filed for the record with the Clerk-Treasurer.
B. Agreement with Hazard Mitigation Consultants, LLC
Village Manager Verrastro informed the Board that a fully executed copy of the Village of Mamaroneck and Hazard Mitigation Consultants, LLC Agreement for Project DR-NY-1692-4110, for the FEMA Grant Applications, is being filed for the record with the Clerk Treasurer.
C. Amendment of Lease Agreement with Chaim Cohen d/b/a TBLSC, LLC
Village Manager Verrastro informed the Board that a fully executed copy of the Amendment of Lease Agreement between Village of Mamaroneck and Chaim Cohen d/b/a/ TBLSC, LLC, in connection with property the Village leases on Halstead Avenue, is being filed for the record with the Clerk-Treasurer.
D. Personnel Appointment
Village Manager Verrastro informed the Board that effective October 29, 2007 Lori Voss has been provisionally appointed to the position of Accountant in the Clerk-Treasurer’s Office, at an annual salary of $58,567.
E. Personnel Appointment
Village Manager Verrastro informed the Board that effective October 29, 2007 John Winter has been appointed to the position of Building Inspector, at an annual salary of $96,500.
6. ADMINISTRATIVE REPORTS OF CLERK-TREASURER
A. Requested Removal from Budget Committee
Due to his having three unexcused absences from the Budget Committee Meetings, the Chair of the Committee asked that Dr. Joel Straussner be removed from the Committee. A letter informing him of his removal was sent by the Clerk-Treasurer.
On motion of Trustee Murphy, seconded by Trustee Hofstetter:
RESOLVED that Dr. Joel Straussner be and is hereby removed from the Budget Committee due to his having three unexcused absences.
Ayes: Fava, Hofstetter, Ryan, Murphy, Trifiletti
Nays: None
7. ADMINISTRATIVE REPORTS OF VILLAGE ATTORNEY
8. ADMINISTRATIVE REPORTS OF POLICE CHIEF
9. MINUTES – COMMISSIONS, BOARDS, COMMITTEES:
The following Minutes have been submitted to the Board and filed with the Clerk-Treasurer:
Tree Committee – October 1, 2007
BAR – October 2, 2007
BAR – October 30, 2007
Traffic Commission – October 16, 2007
10. PUBLIC COMMENT PERIOD
Nancy Tumm appeared regarding the parking amendment on Old White Plains Road. She informed the Board that there are cars parking in front of Tarrytown II and the mini park. Trustee Murphy informed Ms. Tumm that a traffic study of this area is being conducted. Trustee Murphy also informed Ms. Tumm that there will be a meeting scheduled to discuss the issues in Washingtonville and that he, the Police Chief and any other members of the Board who would like to attend will be there to discuss issues and answer any questions residents may have. Mayor Trifiletti asked Chief Flynn to make a recommendation of what should be done regarding parking in that area between 6 p.m. and 2 a.m. as there is no parking allowed between 2 and 5 a.m. Trustee Hofstetter suggested doing what Larchmont does, and that is to prohibit parking in the entire Village after
2 a.m. As there are many apartments and multi family dwellings, this would not work. The Board did reiterate that they would like the Chief to take a look at parking on Old White Plains Road in front of Tarrytown II and Pape’s Park and report back.
Ms. Tumm also asked that the traffic signs which have been marked with graffiti and also those that are faded please be replaced. She also asked that a street light on her street, which has been out for a while be replaced. Ms. Tumm also brought up the issue of there being no crosswalk at Mamaroneck Avenue and Mt. Pleasant Avenue right after the train bridge (at Bishop Avenue). Mayor Trifiletti informed Ms. Tumm that the reason the Traffic Commission gave for not having a cross walk there is that cars would stop and traffic would back up under the train bridge.
Trustee Ryan reported that the fundraiser for USO phone cards took place the previous Saturday. The Village raised $1,038 and the Village of Larchmont raised about $200. They are waiting to hear from the Town of Mamaroneck. When all funds are collected, the monies will be sent to the USO for the purchase of phone cards to be sent to the troops overseas. Trustee Ryan thanked all who helped with the effort.
Trustee Fava informed the Board that he may not be at the next meeting, which will be his last meeting as a Board Member. He thanked all of the residents who have supported him during his time on the Board the past seven months.
ADJOURNMENT
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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