HomeMy WebLinkAbout2016_11_02 Town Board Minutes
November
2, 2016
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON NOVEMBER 2, 2016, BEGINNING AT 5:00PM
IN CONFERENCE ROOM A AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE
TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK
PRESENT: Supervisor Nancy Seligson
Councilman Ernest C. Odierna
Councilwoman Abby Katz
Councilwoman Jaine Elkind Eney
Councilman Thomas A. Murphy
ALSO PRESENT: Christina Battalia, Town Clerk
Stephen V. Altieri, Town Administrator
Connie Green O’Donnell, Assistant Town Administrator
William Maker, Jr., Town Attorney
CALL TO ORDER - WORK SESSION
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Work Session was
unanimously opened at 5:00PM.
Legislation – Tax Levy Limit
The Town Board reviewed the legislation drafted by Mr. Maker in preparation for setting a public hearing.
As this legislation has been done before, there was no discussion.
Amendment to Tree Law
The Town Board had requested Mr. Maker draft legislation making the Planning Board the body to
determine appeals of the Tree Preservation Commission decisions. The Town Board reviewed the
legislation and asked that it be sent to the Planning Board for their review prior to setting a public hearing.
Children’s’ Memorial – Palmer and Weaver
Supervisor Seligson explained that she has been contacted by Debbie Marks Kahn, regarding the Children’s
Memorial Tree in the park area at the corner of Palmer Avenue and Weaver Street. The tree was donated
and planted as a memorial to children who have died in our Community. Families gather there each year,
the Sunday before Thanksgiving, for a ceremony that over the years has become quite significant and
meaningful to these families. The families are hoping that the Town can support them by creating a more
formal design for the Memorial. The Board favored this idea and asked Supervisor Seligson to reach out to
the families for their input on ideas and concepts.
Westchester County Bus Shelter Program
Connie Green O’Donnell has been working with the County on a shelter for the existing bus stop at the
corner of Richbell Road and Palmer Avenue. The County can provide a ‘modern’ glass and metal structure
at no cost. It is being suggested that the Town consider a shelter more in keeping with the current design of
the other bus shelters along Palmer Avenue. The cost estimate is approximately $5,000, and Ms. Green
O’Donnell will work with the Town Highway Department on the design.
Councilman Murphy arrived at 6:40.
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Airbnb
Mr. Altieri informed the Board that he has been contacted by a resident on Valley Steam Road, who says
their neighbor is using their home as an Airbnb site. Mr. Altieri researched the Airbnb web site and
determined that there are four (4) homes in the Town offered on the site. Mr. Altieri discussed the Towns
legislation with the Building Inspector and on first read it appears that this practice may be against Town
law. Mr. Maker will take a more thorough read of the legislation. If it is determined to be against Town
Law, Mr. Altieri will send a cease and desist letter to the homeowners’ listed on Airbnb.
Results of the Town Property Auction
Mr. Altieri and Mr. Maker reported that seven (7) of the twelve (12) properties were sold. Of the five, two
were homes and three were strips. The total revenue generated from the auction was $102,330.
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Board unanimously agreed
to enter into an Executive Session to discuss sale of property, employment history of a particular
employee, certiorari and a contract.
EXECUTIVE SESSION
Sale of Property
Employment History of a Particular Employee
Certiorari
A Contract
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Board unanimously agreed
to resume the Regular Meeting.
ADDED ITEMS
Councilwoman Elkind Eney reported on the recent meeting of the Housing Authority. The Authority is
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gearing up for a 25 Anniversary Celebration. The Authority will be contacting the Town Clerk to gather a
list of former Housing Authority and Housing Task Force Members. Councilwoman Elkind Eney reported
that she reminded the Authority of the Pilot payments due the Town.
Councilwoman Katz reported that George Roniger continues to get feedback from discussions on ‘Next
Door’ about resident displeasure with leaf blowers. Councilwoman Katz thinks the Town should consider
the significance of so many residents finding this a problem. Councilwoman Katz is encouraging better
enforcement as a first step, and to consider a review of the fines.
It was reported that Councilwoman Elkind Eney, Councilwoman Katz, and Connie Green O’Donnell
attended a meeting of the Department of Transportation (DOT), School District Officials and Officials from
the Village of Mamaroneck, to discuss the school zone along Boston Post Road in front of Mamaroneck
High School. The Community and the School District have repeatedly requested this be zoned with a lower
speed limit. This Meeting was part of those efforts. The DOT has not ruled out designating this area a
reduced speed limit School Zone, and will conduct a study of the area.
Mr. Altieri distributed a memo dated October 31, 2016, outlining the report of bids received for the Town
Center Parking Lot Project. The memo outlined the eight (8) bids received ranging from $845,833 to
$1,318,500. The Town’s estimated project cost was $732,000. The Board asked Mr. Altieri to prepare an
estimate of the project without the green infrastructure and then the Board will reevaluate the two costs
and determine how to move forward.
CALL TO ORDER - REGULAR MEETING
The Regular Meeting of the Town Board was called to order by Supervisor Seligson at
8:15 PM, she then pointed out the location of the exits.
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Supervisor Seligson noted that the Town Board met for a worksession beginning at 5:00 o’clock this
evening, adding this is an open meeting that all residents’ are welcomed to attend.
SUPERVISOR’S SUMMARY REPORT
The Town Board has started its budget work sessions which are open to the public. The full
schedule of budget meetings is published on the Town website, www.townofmamaroneck.org.
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The Town has to adopt a final budget by December 19 in accordance with NYS law.
The TMFD held its Annual Inspection Dinner and both personnel and apparatus looked great.
We thank the Fire Dept. for their courageous dedication and work. I attended many meetings
as usual, but two that were of note were the Ambulance District meeting and a Council of
Governments meeting.
CITIZEN’S COMMENTS
Supervisor Seligson asked if anyone in the audience would like to address the Board, and there was not.
BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind
Eney, seconded by Commissioner Murphy, the Board of Fire Commissioners was unanimously declared
open.
Present were the following Members of the Commission:
Commissioner: Nancy Seligson
Commissioner: Ernest C. Odierna
Commissioner: Abby Katz
Commissioner: Jaine Elkind Eney
Commissioner: Thomas A. Murphy
1. FIRE CLAIMS
On motion of Commissioner Odierna, seconded by Commissioner Elkind Eney, 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 Co. Scott-Wescodyne plus-16z bottle, Fire Hooks, Msa Gas Detect, Hydrotest rchg 1074.70
AAA Emergency Supply Co. Mobile Bail Out Truck rental & Gated WYE & 1.5" nozzle 2330.00
AT & T Mobility Wireless Service for 9/12/16 - 10/11/16 360.62
Cablevision Cable services for 10/23/16 - 11/22/16 198.04
CIT Xerox Copier contract for October 2016 261.56
Con Edison Fire HQ Gas service 8/29-9/28/16 133.69
DiMuro Awards LLC Awards for Inspection Dinner - 2016 776.37
Goosetown Communications Replaced antenna, Extension cable 250.70
Grainger Building supplies 205.95
Interstate Diagnostics Inc. Complete Physical Exams - Recerts, TB Tests, Tetanus & hepatitis vacc, PSA 7855.00
Larry Sprovieri Plumbing Replaced bearing assembly for domestic hot water re-circulation pump 349.00
Murray, Daniel Iphone 6 Display repair 129.00
Napolitano, Keith Tolls and fuel on 9/27 & 9/29/16 37.49
New England Uniform T-Shirts, Polos, Sweatpants, jobshirts 2151.50
New England Uniform Career Uniforms (4) 175.00
Ready Refresh by Nestle' Rental for water coolers at FD HQ 9/19/16 - 10/18/16 114.96
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SG Fire Protection Kitchen hood cleaning 350.00
Sound Shore Pest Control Inc. Exterminating Services 9/20/16 65.00
Superior Backflow Testing Tested backflow prevention device for the fire system 160.00
Town of Mamaroneck Fire Dept. Food for OSHA and Bailout Day 507.34
Town of Mamaroneck PFFA Life Ins for Career Staff for the month of Sept. & Oct 2016 - 12 Fire Fighters 377.28
Uni First Corp. Cleaning supplies for building 9/30, 10/7, 10/14/16 206.19
Uni First Corp. Cleaning supplies for building 10/21/16 38.73
Villa Maria Pizza Food for Fast Drill 10/25/16 34.11
Westech Elevator Services Maintenance for the month of October 2016 175.00
Westchester JWW 205 Weaver St charges 9/30 - 12/31/16 - 6" Metered Fire Service 100.00
Winged Foot Golf Club Inspection Dinner 10/7/16 5580.00
Total: $23997.23
The above resolution was put to a roll call vote:
Commissioner Murphy Aye
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Odierna Aye
Commissioner Seligson Aye
2.Other Fire Department Business
Commissioner Elkind Eney read the Fire Report for the Month of September as submitted by Chief
Goldberg as follows:
September 2016
ALARM TYPE NUMBER
Generals 27
Minors 24
Stills 4
Out of Town (Mutual Aid) 6
EMS 35
Drills 4
Total 103
Total number of personnel responding: 786
Total time working: 49 hours and 10 minutes
Commissioner Elkind Eney reported that Members of the Department traveled to Pennsylvania to inspect
the Fire Apparatus that is under contract.
Residents were reminded that it is Day Light Savings this weekend, and a good time to replace the batteries
in your home detectors.
There being no further business to come before the Commission, on motion of Commissioner Murphy,
seconded by Commissioner Elkind Eney, the Commission unanimously adjourned and the Town Board
reconvened.
AFFAIRS OF THE TOWN
1. Set Public Hearing – “Override the tax levy limit established in General Municipal Law 3-c” Law
Supervisor Seligson explained that this is a preparatory measure that the Town has done the last few years.
This legislation must be in place if the Town decides to override the Tax Cap. Having this in place does not
mean the Town will override, just that it must be in place if the Town chooses to do so.
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On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public
Hearing on the “Override the tax levy limit established in General Municipal Law 3-c”
Law ” for December 7, 2016 at 8:00PM at the Town Center, 740 West Boston Post Road,
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. Set Public Hearing – Amendment to Tree Law
DEFERRED
3. Authorization – Health Department Permit Renewals – Meals on Wheels & Nutrition Plan
On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the submission of the
permit renewals to the Westchester County Department of Health for the operation of the
Town’s Meals on Wheels Program and Senior Nutrition Site Program, and
BE IT, FURTHER
RESOLVED, that the Town Administrator is hereby authorized to execute said renewals on behalf of
the Town.
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
4. Authorization – Housing Inspector Contract
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was approved,
WHEREAS, the Section 8 Housing Voucher Program requires that the Town of Mamaroneck as the
Agency, conduct inspections of housing units in the program, and
WHEREAS, it has come to the attention of the Housing Director that the City of Yonkers Municipal
Housing Agency recently awarded a contract to McCright and Associated at a very favorable price
with a ‘piggy back’ clause, and
WHEREAS, it has been determined that the Town of Mamaroneck will have a cost reduction by
utilizing the services of McCright and Associates.
NOW THERFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby authorize a Piggy Back Contract
between McCright and Associates and the Town of Mamaroneck for Housing Inspection Services for
the Section 8 Public Housing Agency.
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The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
5. Authorization – Management and Non-Union Salaries
On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the increases in salary as detailed by
the Town Administrator in his memo to the Town Board dated November 2, 2016, for Management and
Non-Union Employees for Fiscal 2016, and that such salaries will be retroactive to January 1, 2016.
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
6. Consideration of Certiorari
On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on
the following terms:
1009 West Boston Post Road
1009 West Boston Post Road
Section/Block/Lot: 9-21-158
Town of Mamaroneck/Village of Mamaroneck
Year Assessment Amount of Reduction Reduced Assessment
2012 $ 27,000 $ 7,490 $ 20,010
2013 $2,000,000 $ 850,000 $1,150,000
2014 $2,000,000 $ 850,000 $1,150,000
2015 NO REDUCTION
2016 $2,000,000 $ 850,000 $1,150,000
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
7. Resolution – Ban the Barges
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was unanimously
approved,
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Resolution of the Town Council of the Town of Mamaroneck urging the United States Coast
Guard to reject proposed rule USCG-2016-0132 in relation to establishing new long-term
anchorage grounds in the Hudson River Estuary in the County of Westchester
WHEREAS, Congress designated the Hudson River Valley National Heritage Area in Title IX of
Public Law 104-333 (1996), as amended by Section 324 of Public Law 105-83; and
WHEREAS, in proposed rule USCG-2016-0132, the United States Coast Guard is considering
establishing new long-term anchorage grounds in the Hudson River estuary in the Hudson River
Valley National Heritage Area; and
WHEREAS, this proposed rule is in conflict with the adopted Hudson River Valley National
Heritage Area Management Plan approved by the United States Secretary of the Interior; and
WHEREAS, such rule would extend significantly the Hudson River Anchorage Ground adjacent
to the City of Yonkers, Village of Hastings-on-Hudson, Village of Dobbs Ferry, and other
locations in order to allow for increased shipping and on-river storage activities; and
WHEREAS, the proposal is in direct conflict with 50 years of significant effort to clean up the
Hudson River estuary and restore its natural habitats by all levels of government and numerous
regional and community-based organizations; and
WHEREAS, these anchorage sites pose a navigational hazard to recreational and commercial
boaters who will be forced to navigate around the anchorages; and
WHEREAS, scientific research shows that the habitats of some fish have been affected by
previous anchorage sites; and
WHEREAS, vessels containing volatile crude oil and petroleum products pose a serious health
risk whereby an anchored boat containing these hazardous materials could catch fire or spill
toxic oil in the river; and
WHEREAS, the proposed anchorage sites would also take a toll on the scenic beauty of the
County and waterfront revitalization and tourism; and
WHEREAS, there was no direct notification of the proposed rule made to any of the affected
communities along the length of the Hudson River as mandated by Federal Coastal Zone
Management requirements; and
WHEREAS, the said proposal would create navigational, health, environmental, economic and
quality-of-life problems for the Hudson River waterfront communities of Westchester County;
and
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Mamaroneck urges
the United States Coast Guard to reject proposed rule USCG-2016-0132 in relation to
establishing new long-term anchorage grounds in the Hudson River estuary in Westchester
County;
AND BE IT FURTHER RESOLVED, that the Town Board of the Town of Mamaroneck urges a
comprehensive briefing of elected and public safety officials from all affected river communities
in Westchester, such briefing to include additional technical details of the proposal, timelines,
and the status of the environmental review under NEPA.
APPROVAL OF MINUTES – October 19, 2016
On motion of Councilwoman Elkind Eney, seconded by Councilman Odierna, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby approve
the Board Minutes from the Meeting of October 19, 2016.
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WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
The Town Board Members reported on their various activities and meetings since the last Town Board
Meeting.
ADJOURNMENT
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the meeting was unanimously
adjourned at 8:45 PM
________________________________
Submitted by
Christina Battalia, Town Clerk
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