HomeMy WebLinkAbout2017_02_01 Town Board Minutes
February 1, 2017
TOWN OF MAMARONECK
TOWN BOARD AGENDA
WEDNESDAY, FEBRUARY 1, 2017
MAMARONECK TOWN CENTER
THE TOWN BOARD WILL CONVENE - AT 5:00PM, in Conference Room A:
1.Discussion - Firearms Law
2.Discussion - Legislation Transient Room Rental
3.Review - Boards and Commissions
4.Review - 2017 Capital Project Schedule
5.New Business
THE TOWN BOARD WILL CONVENE – AT 8:00PM, in the Court Room
CALL TO ORDER
SUPERVISORS REPORT
CITIZEN COMMENTS
BOARD OF FIRE COMMISSIONERS
1.Fire Claims
2.Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1.Appointment - Deputy Supervisor
2.Appointments - Boards and Commissions
3.Request for Removal of Street Tree - 33 Marbourne Drive
4.Authorization - 2017 Ambulance Charges and Fees
5.Authorization - Transfer of Funds - Senior Citizen Programming
6.Consideration of Certiorari
7.Approval of 2017 Capital Project Schedule
8.Authorization – Amend Employment Agreement with IT Director
APPROVAL OF MINUTES – January 9, 2017 & January 18, 2017
REPORTS OF THE COUNCIL
TOWN CLERK’S REPORT
NEXT REGULARLY SCHEDULED MEETINGS - Wednesday, February 15, 2017 &
Wednesday, March 1, 2017
Any physically handicapped person needing special assistance in order to attend the meeting should
contact the Town Administrator’s office at 381-7810.
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February 1, 2017
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON FEBRUARY 1, 2017, 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 Katz, seconded by Councilwoman Elkind Eney, the Work Session was
unanimously opened at 5:00PM.
TAKEN OUT OF ORDER
Review - 2017 Capital Project Schedule
The Town Board reviewed the updated schedule distributed by Mr. Altieri at the meeting. The Board
discussed each project and the various funding sources. The approval of the schedule was added to the
Regular Agenda as Affairs of the Town number seven.
Discussion - Firearms Law
Mr. Maker stated that the issue with the legislation is about the right to bear arms, not only about
whether to ban arms in Town Buildings. Mr. Maker continued by stating that from his additional research
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February 1, 2017
he has been unable to find legislation upholding taking away someone’s right to bear arms. Mr. Maker
would recommend that if the Town were to move forward with this legislation he suggests finding
someone to do research on actual cases of violence on municipal property, adding that if this were to be
challenged in court, the judge will ask for the basis for the law. The Town Board doesn’t want to change
the experience of visiting the Town Center or hire additional staff for security. The Town Board does not
want the Town Center to look fortified and unwelcoming.
ADDED ITEM
Supervisor Seligson noted that she has a public statement she will read to the audience about the
immigration ban with respect to our local Police Department.
Update - Cambium
Mr. Maker reiterated his call with the Cambium Developer’s attorney regarding the Developers non
adherence to the Covenant with respect to rent for the affordable units. Mr. Altieri also left a message
for the Developer but has not heard back as yet.
Update - Street Lights
Currently, approximately 60% of the street lights are continually on due to a problem with the computer
module connecting the actual lights to the control panel. The Town is trying to get this resolved and back
on track by the end of the week. Unfortunately, the Town learned that the company no longer makes the
module, although they will support it. Additionally, it’s been determined that the software installed was
obsolete six months after it was installed. The Town feels Honeywell should bear the cost of the upgrade
as their contractor chose the software. Mr. Altieri has made this clear to Honeywell.
Mr. Altieri stated that the Town is moving forward on the audit of the Honeywell report.
Discussion - Legislation Transient Room Rental
Mr. Maker reiterated his findings of the Town’s current legislation and prepared a draft legislation which
includes the changes the Town Board asked him to make. After review the Town Board wondered if they
were seeking a solution to something that is not a real problem. The Town Board will not move forward
with this legislation at the moment.
ADDED ITEMS
Town web site
Councilwoman Katz stated that she is unhappy with the format of the email announcements. Currently
recipients must click a second link in order to see the full body of the information. Mr. Altieri will work
with Roz Cimino on a fix for this.
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February 1, 2017
Update - LMC-TV
Councilman Murphy updated the Town Board on the hiring of a lawyer by LMC-TV, to review whether
doing the renovation to the Fire House would require prevailing wages. A decision was due in January.
Councilman Murphy has sent multiple email request for a report on this. No report has been received as
yet. The Town Board instructed Mr. Altieri to inform LMC-TV that the Town will move forward on a
layout plan to market the third floor of the Town Center.
Review - Boards and Commissions
On motion of Councilwoman Katz, seconded by Councilman Murphy, the Board unanimously agreed to
enter into an Executive Session to discuss employment history of a particular person, and sale of
property.
Employment History of a Particular Person
Sale of Property
EXECUTIVE SESSION
On motion of Councilwoman Katz, seconded by Councilman Murphy, the Board unanimously agreed to
resume the Regular Meeting.
ADDED ITEM
33 Marbourne Drive
The Town Board reviewed the large scale renderings of the property and the location of the tree the
owner seeks to have removed. This item is on the Regular Agenda for this evening.
CALL TO ORDER - REGULAR MEETING
The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 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
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February 1, 2017
This past weekend President Trump issued an executive order regarding immigration that raises
questions on the coordination between Federal Authorities and local police departments. The
Town of Mamaroneck would like to clarify our policies and practices for protecting the safety of
our residents.
The Town of Mamaroneck Police Department has not in the past, nor will it, inquire about an
individual’s immigration status. Enforcement of Federal immigration law is the responsibility of
the Federal Government and its various enforcement agencies.
The Town of Mamaroneck has always been and will continue to be a community of diversity that
protects the rights of all of its residents regardless of their origin. Our Police Department’s
practices are designed to promote mutual respect and to maintain an open dialogue with the
community. This is why we do not believe that immigration enforcement is the role of the
Town. The Town will however coordinate with federal authorities to apprehend those
individuals, regardless of their immigration status, that threaten the safety of our community.
Our new fire chiefs were sworn in this past weekend at the wonderful Installation Dinner held at
the Town’s Weaver Street Fire House. Congratulations and thank you to Chief Paul Tortorella,
Deputy Chief Joe Russo and Baby Chief Shaun Hughes. Thank you to their families for supporting
them to share their time with the TMFD.
Drought conditions are still a concern for our region. Westchester Joint Water Works (WJWW)
has asked the Town and other member municipalities to enact or strengthen irrigation control
laws. This anticipates the possibility of limiting irrigation in the summer months during peak
demand for water. WJWW was almost at full capacity last summer which stressed pipe and pump
infrastructure. On a billing note, in February, WJWW plans to begin monthly billing for
customers. You will also be able to pay your bill online in the coming months.
Finally, FYI, State Senator George Latimer is holding a Public Hearing on the 2017 NYS Budget
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Hearing Wednesday February 8 from 4:00 to 7:00 pm in the Town Center Courtroom. It is open
to the public.
CITIZEN’S COMMENTS
Supervisor Seligson noted that State Senator George Latimer was here this evening and wished to
address the Town.
Supervisor Seligson then welcomed Senator Latimer.
Senator Latimer gave an overview of the 2017 Executive Budget Proposal.
Senator Latimer distributed a handout titled Summary of Executive Budget
Proposal for State Fiscal Year 2017.
BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind
Eney, seconded by Commissioner Odierna, the Board of Fire Commissioners was unanimously declared
open.
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February 1, 2017
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 Abby 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:
VENDOR DESCRIPTION AMOUNT
AAA Emergency Supply Co. Mobile Bail Out Truck rental, Double Drop Elevator key 316.50
AAA Emergency Supply Co. Hydrotest, recharge, O-Ring 45.00
Amazon Vacuum bag & belts, Kenwood KMC-27b, 3 pk Mansa Lighting, 211.62
Amazon Hon VL705 Mesh Big and Tall, Original Arch Light 575.50
A & M Industrial Supply Meter Repair 355.63
Atlantic Westchester Semi-annual billing 1/1/17 - 6/30/17 1475.00
Chatsworth Cleaners Uniform cleaning - Dec. 2016 26.74
Cablevision Cable Services for 1/23/17 - 2/22/17 212.70
DeNisco, Christopher Two sheet sets for FF Karnsomtob & LT DeNisco 69.77
Foley Hardware Window Bolt, Swivel Staple Safety Hasp 11.50
Town of Mam'k Fire Dept. Food for Jan 2017 Drill 74.72
Town of Mam'k Fire Dept. Valcom Doorplate Speaker 60.63
Town of Mam'k PFFA Life Insurance For Career Staff for the Month of Jan. 2017. (12) FFs 188.64
United Overhead Door Corp Repair door/ motor operator/ repair safet sensor wiring 305.50
UniFirst Corp Cleaning supplies for building 1/20/17 53.93
Villa Maria Pizza Food For June Drill 6/27/16, Sept. Fast Drill 9/26/16, July Fast Drill 7/27 180.01
Villa Maria Pizza Food for Aug/Nov. Explorer / New Member Drill 8/3/16, 11/2/16 140.02
Villa Maria Pizza Food for Fast Drill 1/23/17 61.02
West Joint Water Works 205 Weaver ST Chgs. 12/31/16 - 3/31/17 100.00
Westech Elevator Services, Inc. Maintenance for month of Jan. 2017 175.00
0.00
Total: $4639.43
The above resolution was put to a roll call vote:
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February 1, 2017
Commissioner Murphy Aye
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Odierna Aye
Commissioner Seligson Aye
2.Other Fire Department Business
Commissioner Odierna noted the very nice installation dinner, adding a congratulations to new Chief
Paul Tortorella.
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
9.Supervisor’s Appointment - Deputy Supervisor
Supervisor Seligson made the following appointment:
BE IT RESOLVED, that the Mamaroneck Town Supervisor does hereby appoint
Councilwoman Elkind Eney as Deputy Town Supervisor for the term of February 1, 2017
through December 31, 2017.
10.Appointments - Boards and Commissions
On motion Councilman Odierna, seconded by Councilman Murphy, it was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby appoint Edward Jacobson
as Chair of the Board of Architectural Review for the year 2017.
11.Request for Removal of Street Tree - 33 Marbourne Drive
Edward Kimmey one of the property owners of 33 Marbourne Drive, addressed the Board. Mr. Kimmey
is here this evening to request the removal of a Town tree within the Town Right-of-Way. Supervisor
Seligson stated that the Town Board discussed and reviewed this request in detail during their
Worksession. The Town Board also reviewed a letter of request from Mr. Kimmey and co-owner Jerard
Hartman, and a memo from Mr. Altieri.
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February 1, 2017
On motion of Councilman Murphy, seconded by Councilman Odierna, the following was
approved,
WHEREAS, the owners of the property at 33 Marbourne Drive are currently
before the Planning Board seeking residential site plan approval and
wetlands permits to construct a home at this location, and
WHEREAS, the owners of the property are seeking permission to remove a
Town owned tree in the Town right-of-way.
NOW, THERFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby grant the owners
of 33 Marbourne Drive permission to remove the Town owned tree in the
Town right-of-way identified in the plans presented to the Town Board at
this meeting (Plans), but only if in the site plan to be approved by the
Planning Board for the construction of a home on this site, the driveway
remains in the location shown on the Plans or is repositioned to a location
where the Town owned tree would interfere with the safe use of the
driveway for the home to be constructed on the site and
BE IT, FURTHER
RESOLVED, that notwithstanding the permission given by this resolution, the
Town owned tree shall not be removed until a building permit for the
construction of a home on this site is issued, and
BE IT, FURTHER
RESOLVED, that if the Town owned tree is removed, two (2) trees will be
planted on the property with specimen and size of tree to be determined by
the Town’s Environmental Planner.
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
12.Authorization - 2017 Ambulance Charges and Fees
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve
the 2017 Ambulance District Fee Schedule as follows:
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February 1, 2017
BLS Emergency $622 (2%)
ALS I Emergency $770 (2%)
ALS II Emergency $872 (2%)
ALS Assessment $70 (0%)
Mileage $15.00 per loaded mile (0%)
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
13.Authorization - Transfer of Funds - Senior Citizen Programming
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby authorize the Budget Amendment to
reflect the funds received from Virginia A. McGuire Foundation, and transfer of funds in the
amount of $5,000.00 from the Senior Citizen Program Trust Fund to the Budget Account
A.6772.4037, for the expansion of the Senior Citizen Exercise Program, as detailed by the Town
Comptroller in the following schedule:
BUDGET AMENDMENT - TRANSFER FROM TRUST FUND TO GENERAL FUND
2/1/201TOWN BOARD MEETING
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GENERAL TOWN WIDE FUND (FUND A):
INCREASE BUDGET:
A.0000.5041 TRANSFERS FROM TRUST FUND $
5,000.00
A.6772.4037 PROGRAM CLINIC INSTRUCTION $
5,000.00
* (REPRESENTS USE OF SENIOR CITIZEN PROGRAM TRUST FUND
DONATIONS
FOR EXPANSION OF EXERCISE PROGRAMS AS PER $5,000 GRANT FROM VIRGINIA A. MCGUIRE
FOUNDATION)
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February 1, 2017
(RECEIPT #36709 - 12/29/2016)
* TRUST A/C # T.0000.0111 (SR CITIZEN PROGRAM TRUST FUND) $ (5,000.00)
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
14.Consideration of Certiorari
On motion of Councilman Odierna, 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:
Chatsworth Gardens Condominium
14 N. Chatsworth Avenue
Section/Block/Lot: 1-27-150.1 through 150.75
Town of Mamaroneck
Year Assessment Amount of Reduction Reduced Assessment
2016 $22,669,000 $15,999,980 $6,669,120
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 Odierna, 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:
Orienta Condominium Association
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February 1, 2017
490 Bleeker Avenue
Section/Block/Lot: 9-46-1A through G36
Town of Mamaroneck/Village of Mamaroneck
Year Assessment Amount of Reduction Reduced Assessment
2016 $17,768,200 $3,967,500 $13,800,700
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
15.Approval of Capital Project Schedule
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the following 2017
Capital Projects Budget & Funding Schedule and their accompanying schedules for
Budget Amendments and Budget Transfers as follows:
Capital Projects Budget & Funding Schedule as:
ATTACHMENT A
AMEND 2017 CAPITAL PROJECT & BUDGET - WATER DISTRICT IMPROVEMENTS
2/1/2017 TOWN BOARD MEETING
CAPITAL PROJECTS FUND (FUND H):
AMEND BUDGET:
EXP H.8340.0400.2017.12 CAPITAL WATER IMPROVEMENT PROJECTS $ 616,625.00
REV H.0000.5038.2017.12 TRANSFERS FROM WATER DISTRICT $ 616,625.00
(CAPITAL PROJECT #2017-12)
(Increase project budget with $616,625 funding to be transferred from Water District Fund
(Source - unrestricted fund balance)
* Original Capital Project Budget: $ -
* Funding source:
* BONDS/BANS - RESOLUTION TO BE APPROVED IN MAR 2017 $ 1,125,225.00
* TRANSFER FR WATER - R.O.B. 2/1/17 $ 616,625.00
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February 1, 2017
* Capital Project Budget amended & adopted on 2/1/17: $ 1,741,850.00
WATER DISTRICT (FUND SW):
AMEND BUDGET:
EXP SW.9900.9950 TRANSFER TO CAPITAL PROJECT $ 616,625.00
REV SW.0000.5995 APPROPRIATED FUND BALANCE $ 616,625.00
* Increase Fund SW budget with $616,625 of appropriated fund balance (for Capital Project).
AMEND 2017 CAPITAL PROJECT & BUDGET - COMPUTER HARDWARE/SOFTWARE & 2/1/2017 TOWN BOARD MEETING
RECORDS MANAGEMENT
CAPITAL PROJECTS FUND
(FUND H):
AMEND BUDGET:
EXP H.1680.0400.2017.19 COMPUTER SOFTWARE $ 6,700.00
H.1680.0400.2017.20 COMPUTER HARDWARE & EQUIPMENT $ 37,200.00
H.1410.0400.2017.57 RECORDS MANAGEMENT $ 38,500.00
REV H.0000.5031.2017.19 TRANSFERS FROM GENERAL TOWN FUND $ 6,700.00
H.0000.5031.2017.20 TRANSFERS FROM GENERAL TOWN FUND $ 37,200.00
H.0000.5031.2017.57 TRANSFERS FROM GENERAL TOWN FUND $ 38,500.00
(CAPITAL PROJECT #2017-19)
(Increase project budget with $6,700 additional funding to be transferred from General Town Fund
(Source - Section 8 reserves to be transferred to General Town Fund.)
* Original Capital Project Budget: $ 73,718.00
* Funding source:
* INTERFUND TRANSFERS APPROPRIATED IN 2017 BUDGET $ 73,718.00
* TRANSFER FR GEN TOWN FD - R.O.B. 2/1/17 $ 6,700.00
* Capital Project Budget amended & adopted on 2/1/17: $ 80,418.00
(CAPITAL PROJECT #2017-20)
(Increase project budget with $37,200 additional funding to be transferred from General Town Fund
Source - $20,400 unrestricted fund balance & $16,800 Section 8 reserves to be transferred to General Town Fund.)
* Original Capital Project Budget: $ 80,600.00
* Funding source:
* INTERFUND TRANSFERS APPROPRIATED IN 2017 BUDGET $ 80,600.00
* TRANSFER FR GEN TOWN FD - R.O.B. 2/1/17 $ 37,200.00
* Capital Project Budget amended & adopted on 2/1/17: $ 117,800.00
(CAPITAL PROJECT #2017-57)
(Establish project budget with $38,500 funding to be transferred from General Town Fund
* Funding source:
* TRANSFER FR GEN TOWN FD - R.O.B. 2/1/17 $ 38,500.00
* Capital Project Budget adopted on 2/1/17: $ 38,500.00
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February 1, 2017
GENERAL TOWN FUND (FUND
A):
AMEND BUDGET:
EXP A.9900.9950 TRANSFER TO CAPITAL PROJECT $ 82,400.00
REV A.0000.5995 APPROPRIATED FUND BALANCE $ 58,900.00
REV A.0000.5080 TRANSFERS FROM SECTION 8 $ 23,500.00
* Increase Fund A budget with $58,900 of appropriated fund balance & $23,500 of Section 8 (HUD) reserves to be transferred in (for Capital Projects).
16.Authorization – Amend Employment Agreement with the IT Director
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve amending the
Employment Agreement with Rosalind Cimino to provide a stipend in the amount of
$15,000, to provide 24/7 on call service, which may include on-site at the Town Center.
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
APPROVAL OF MINUTES – January 1, 2017 and January 18, 2017
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby approve
the Board Minutes from the meetings of January 1, and January 18,
2017.
WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
The Town Board Members reported on their various activities and meetings since the last Town Board
Meeting.
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February 1, 2017
ADJOURNMENT
On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the meeting was
unanimously adjourned at 9:00 PM
________________________________
Submitted by
Christina Battalia, Town Clerk
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