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HomeMy WebLinkAbout2016_11_16 Town Board Minutes November 16, 2016 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON NOVEMBER 16, 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. Tour of New Police Desk and Server Room The Town Board took a tour of the newly renovated Police Headquarters, the IT Office, Training Room and Server Room. Leaf Blower Law Additionally Present: George Roniger The Board discussed the recent feedback Mr. Roniger received when he sent out a request for responses from his neighbors via Next Door. Mr. Roniger asked his neighbors if they find leaf blowers as offensive as he does? Mr. Roniger received 45 responses. Of the responders’ only two had no concerns. Mr. Roniger shared some information from other communities around the Country who have passed legislation limiting the offensiveness of leaf blowers, adding that of the ones he was able to speak with, they did say it was difficult to enforce. The Board discussed requiring landscapers to use reduced power blowers that have a lower sound decibel, noting the difficulty for enforcement. Supervisor Seligson stated that the Town has been encouraging mulching as a way to reduce leaf pick up. Rock Chipping Law Town Board reviewed a memo from Mr. Landi responding to a letter received from Mr. Joe Lanni regarding enforcement of OSHA regulations on rock chipping activities. Mr. Landi feels that it would be a great under taking for the Town to try and enforce OSHA regulations, and instead is recommending wet down precautions detailed in his memo to the Board. The Board discussed adding a dust suppression clause to the demolition law as well, and an overall law that says one cannot create dust. Mr. Altieri and Mr. Maker will work with Mr. Landi on these laws and amendments. Airbnb The Town Board reviewed Mr. Maker’s memo detailing his review of the zoning ordinance to determine whether it outlaws the temporary letting of a single family home to a single person or family. Mr. Maker states that the ordinance has no specific prohibition on such a use. Mr. Maker’s memo further explains his understanding of the law. 1 November 16, 2016 Update – Palmer Avenue Bus Shelter The Town Board was amenable to installing the County Shelter versus expending Town funds for a different style shelter. Update – Property Auction On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the Board unanimously agreed to enter into an Executive Session to discuss sale of property, appointment to Boards & Commissions and employment history of a particular employee. EXECUTIVE SESSION Sale of Property Appointment to Boards & Commissions Employment History of a Particular Employee. On motion of Councilwoman Katz, seconded by Councilman Murphy, the Board unanimously agreed to resume the Regular Meeting. Proposed Local Law – Commercial Sale of Dogs and Cats The Town Board reviewed Mr. Makers draft legislation, but prefers to wait and see if Westchester County proceeds with legislation before moving forward with a Town law. ADDED ITEM Email Correspondence from Jessica Zavaglia The Board reviewed the email from Ms. Zavaglia, and Mr. Altieri noted that Ms. Zavaglia will most likely be addressing the Town Board during the regular meeting Discussion – Town Clerk Budget The Town Board reviewed a handout from the Town Clerk detailing the functions and duties of the Town Clerk and her Office. The Town Board discussed a number of the Town Clerk functions, and then thanked Ms. Battalia for her thorough report. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the Board unanimously agreed to enter into an Executive Session to discuss employment history of a particular person. EXECUTIVE SESSION Employment History of a Particular Employee. On motion of Councilwoman Katz, seconded by Councilman Murphy, the Board unanimously agreed to resume the Regular Meeting. ADDED ITEMS Amendment to the Tree Law Councilwoman Elkind Eney noted that the Planning Board reviewed the draft amendment to the Tree Law and had the following comments: In Section A. (3) the period of 10 days from receipt be changed to 14 days from mailing. The Planning Board asked for clarification on how the meetings would be noticed, with respect to a quorum and the Open Meetings law. Mr. Maker suggested naming the Environmental Planner 2 November 16, 2016 the authority to hear appeals, this would help with the issue of a quorum. Mr. Maker will prepare another draft for review. Cablevision Mr. Altieri reported that he was at a recent meeting at which it was reported that there will most likely be no cable television in five years, and no longer franchise fees. Cablevision is looking toward a right-of-way versus a franchise fee. Supervisor Seligson reported that the Town/Village of Harrison is dealing with an application for a gun store, adding that there are many residents in Harrison who are very upset by the prospect of this type of store. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:25 PM, she then pointed out the location of the exits. 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 It has been an eventful two weeks since our last TB meeting. We’ve had a surprising national election and lots of Veteran’s Day events. I want to congratulate the victors in our local State elections State Senator George Latimer and Assemblyman Steve Otis. Congratulations also to the winners of the Village of Mamaroneck Trustee elections, Leon Potok, Victor Tarfur, Keith Waitt and Judge Dan Gallagher. I would like to talk about property reassessment for a minute. As I hope you all know, the Town conducted a reassessment program in 2013 for the first time since 1968. That allowed the Town to adopt an assessment role of 100% of value instead of a fractional amount as was used in the past. In order to keep the values at 100%, the Town must annually update its assessment role, and every 4 years conduct a more thorough update. 2017 is that fourth year. The Town will not conduct community-wide interior inspections as it did in the initial reassessment, but it will have to do a more in-depth evaluation than the past 2 years. There might be select cases where an interior inspection will be requested. In mid-December you will receive a data mailer from the Town. You will be asked to return it by January 30, 2017. We will produce an informational video to help communicate about the process, and of course you are welcome to call or email me, the assessor or the Town Administrator with questions. We were proud of how well the reassessment went in 2013 and hope to have a smooth and easy update in 2017. The Town Board continues to work on the budget and we have a rescheduled budget meeting tomorrow night from 5 to 8 in conference room D in the TC. The meeting is open to the public. The many Veterans Day events held by VFW Post 1156, American Legion Posts 90 and 347 and the Kemper Memorial were wonderful opportunities to appreciate our veterans and thank them for their service. The Town hosted two press events this week. This morning the CIC, union representatives, municipal officials and environmentalists gathered at Hommocks Conservation Area highlighting the need for increased State funds to help municipalities repair sewer pipes. It was a call for the State to increase funding for the Clean Water grants program. Municipalities can’t fund it alone. In the Town, we just bonded $1.2 million just to study which repairs are needed. We expect to find millions of needed repairs costing millions of dollars. We need to repair sewer pipes to clean and protect water quality in our streams and LIS, but it is expensive. The other press event was this past Monday. It was an event to announce federal grants to local municipalities for water quality improvements. Congressman Eliot Engel, US EPA Regional Director Judith Enck, State environmental agencies and grant recipients gathered to congratulate and thank the organizations doing the on the ground work to restore LIS. 3 November 16, 2016 CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board. Ted L’Estrange, of Otisville, NY addressed the Board. Mr. L’Estrange distributed information on forced organ harvesting in China, and spoke briefly about ending this practice by bringing it to the forefront. Mr. L’Estrange’s handout included sample resolutions of support from the Orange County Legislature, the City of Middletown, and the Village of Otisville. Jessica Zavaglia, resident of 156 Weaver Street, addressed the Board. Ms. Zavaglia distributed a packet to the Town Board regarding the property at 144 Weaver Street. Ms. Zavaglia was present to discuss the future uses of the property at 144 Weaver Street. Ms. Zavaglia stated that she had meetings and discussions with Town Administration and the Building Department and thinks it’s important for the community to understand the Town’s position with respect to continued use of this property. Ms. Zavaglia asked if there have been discussions regarding permits for the sale of Christmas trees this season on the property. Mr. Altieri responded that the Town has determined from the County that no permit is required to sell trees, adding a permit is only required if you sell evergreens for planting. Mr. Altieri stated that there are (4) four sections in the land decree for the parcel that speak about the sale of Christmas trees, continuing by reading directly from the decree. Mr. Maker clarified the intent of the judgement, specifically that it binds the property and not an owner. Supervisor Seligson stated that the Town, and the Town staff is and will continue to follow what is in the decree. PRESENTATION – Fire Department Chief Noah Goldberg reminded residents that this time of year is a good time to check your furnaces, your detectors, holiday decorations, and to have an overall awareness of fire safety. Residents were reminded to not block fire hydrants with snow. The Town Board thanked Mr. Goldberg for his excellent service to the Town. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Katz, seconded by Commissioner Elkind Eney, 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 Elkind Eney, seconded by Commissioner Katz, 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. Key - 5" x 100' LDH PRO Flow rubber hose w/storz $2,725.00 AAA Emergency Supply Co. Fire Dept. Gift Certificate, Raised white numbers, leather, black panels, 190.00 AAA Emergency Supply Co. Company ID band front & rear, Pistol grip, Pyrolite shutoff, charger 2,466.06 Con Edison Fire HQ Gas service 9/28 - 10/28/16 183.10 Chase Card Services Hooks & Rings for accountability TABS 171.65 Chatsworth Cleaners Uniform cleaning 70.09 Foley Hardware Syringe 5.84 Goosetown Communications Radio Repairs 652.50 Ipromoteu Fire prevention give aways, bottle, hats 1,200.00 John P. Brown Ladder Co. Testing for damage to tip of aerial Unit 19 350.00 4 November 16, 2016 Sound Shore Pest Control Inc. Exterminating Services 10/21/2016 65.00 Tony's Nursery Inc. Pumpkins, Cornstalk, Hay, Mums, 2 propane tanks 420.53 Uni First Corp. Cleaning supplies for building 10/28, 11/04/16 77.46 Verizon Fire HQ svc 10/10 - 11/9/16 237.04 Westech Elevator Services Maintenance for the month of November 2016 175.00 0.00 0.00 Total: $8,989.27 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 October as submitted by Chief Goldberg as follows: October 2016 ALARM TYPE NUMBER Generals 25 Minors 30 Stills 7 Out of Town (Mutual Aid) 5 EMS 44 Drills 5 TOTAL 116 Total number of personnel responding: 815 Total time working: 43 hours and 34 minutes On motion of Commissioner Elkind Eney, seconded by Councilman Murphy, it was RESOLVED, that the Fire Commissioners do hereby accept the Service Awards Report for the third quarter of 2016 as certified by Fire Council and submitted by Chief Noah Goldberg as follows: ATTACHMENT A Commissioner Elkind Eney thanked the Fire Department for their help responding to the fire on Palmer Avenue in Larchmont. There being no further business to come before the Commission, on motion of Commissioner Murphy, seconded by Commissioner Odierna, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Consideration – Reduction of Performance Bond – Cambium Housing Development On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was approved, 5 November 16, 2016 WHEREAS, as part of the approval of the Cambium Development, the Town required a performance bond for the public improvements including asphalt paving, concrete sidewalks, storm drains and sanitary sewers, and WHEREAS, the developer has now completed a significant portion of the public improvements and is requesting a reduction in the performance bond, and WHEREAS, the Town Engineer has prepared a listing of all the public improvements that were constructed, the quantity and value for each improvement, and the percentage to be held for each item, as detailed in the attached spreadsheet as: ATTCHMENT B NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the reduction of the Cambium Development Performance Bond from $215,660.50 to $39,998.00 and authorizes the Town Comptroller to issue payment to the Cambium Development in an amount equal to the value of the reduction. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 2. Consideration – Contract Award TA-16-12 Restoration Town Parking Lot- Town Center Site Work The Report of Bids is entered into the record as follows: ATTACHMENT C On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following was approved, WHEREAS, on October 27, 2016 the Town publicly opened (8) eight bids for Contract TA-16-12, and WHEREAS, upon review of the project with the Town’s consultant, cost reductions were made, and additionally, the project was modified to remove some of the green infrastructure. NOW, THEREFORE BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-16-12 Town Center Parking Lot and Grounds Improvement Project to the lowest responsible bidder meeting the Town’s specifications, DeRosa Construction, for the revised contract amount of $769,033.00, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Comptroller to transfer funds in the amount of $37,033 from the Town wide unexpended balance into the Capital Project Account, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said contract on behalf of the Town. 6 November 16, 2016 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 3. Consideration of Certiorari On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Acme Realty 407 Mamaroneck Avenue Section/Block/Lot: 9-1-1 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2009 $ 51,000 $ 8,070 $ 42,930 2010 $ 51,000 $ 4,460 $ 46,540 2011 $ 51,000 $ 5,000 $ 46,000 2012 $ 51,000 $ 7,500 $ 43,500 2013 $2,300,000 NO REDUCTION 2014 $2,300,000 NO REDUCTION 2015 $2,300,000 NO REDUCTION The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye On motion of Councilman Murphy, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Valvoline Instant Oil Change 1001 Mamaroneck Avenue Block: 820 Lot: 228 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2010 $ 34,000 $ 16,100 $ 17,900 2011 $ 34,000 $ 15,600 $ 18,400 2012 $ 34,000 $ 16,600 $ 17,400 2013 $1,200, 000 $ 200,000 $1,000,000 2014 $1,200,000 $ 200,000 $1,000,000 2015 $1,200,000 $ 200,000 $1,000,000 7 November 16, 2016 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye ADDED ITEM Supervisor Seligson asked Mr. Altieri if he would give an update on the Sewer System Evaluation Study. Mr. Altieri stated that work is initially being done in New Rochelle and the Village of Larchmont. Crews are out performing smoke testing to determine defects in the system. The smoke is harmless and has no smell. Residents are encouraged if they see smoke in their homes to contact the Building Department for follow up. Notifications of when crews will be in your area are being mailed out. APPROVAL OF MINUTES On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of November 2, 2016. WRITTEN COMMUNICATIONS Noted above under Citizen Comments REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the meeting was unanimously adjourned at 9:25 PM ________________________________ Submitted by Christina Battalia, Town Clerk 8