HomeMy WebLinkAbout2013_04_03 Town Board Minutes
April 3, 2013
REVISED (4/3/13)
TOWN OF MAMARONECK
TOWN BOARD AGENDA
WEDNESDAY APRIL 3, 2013
THE TOWN BOARD WILL CONVENE – at 5:00 PM, In Conference Room A to discuss:
1. Draft FGEIS – B & SB Zoning Amendment
2. Model Housing Ordinance
3. Westchester County Housing Settlement – Letter from Federal Monitor
4. Amendment – Local Waterfront Revitalization Plan
5. Amendment – Administrative Manual – Revised Affirmative Action Policy
REQUEST FOR EXECUTIVE SESSION – Certiorari re;
Town of Mamaroneck v/AFA Management Realty Corp.
8:00PM CALL TO ORDER – COURTROOM
SUPERVISOR’S SUMMARY REPORT
CITIZEN COMMENTS
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PROCLAMATION – Pat Sunderland 40 Anniversary as Senior Center Art Teacher
PUBLIC HEARING – 1. Retail Checkout Bag Law
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Authorization – Retirement Incentive Program – Department of Community Services
2. Approval – 2013 Parking Fees
3. Report of Bids – TA-13-06 Street Sweeping Services
4. Authorization – Drainage Project Amendments
5. Salary Authorization – Ambulance District
6. Amendment – Administrative Manual – Revised Affirmative Action Policy
7. Set Town Board Meeting Date - July 2013
8. Approval - Certiorari
APPROVAL OF MINUTES – March 6, 2013 & March 20, 2013
REPORTS OF THE COUNCIL
TOWN CLERK’S REPORT
NEXT REGULARLY SCHEDULED MEETINGS – April 17, 2013 & May 1, 2013
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April 3, 2013
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON MAY 3, 2013, 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
Councilwoman Phyllis Wittner
Councilman Ernest C. Odierna
Councilwoman Abby Katz
Councilwoman Jaine Elkind Eney
ALSO PRESENT: Christina Battalia, Town Clerk
Stephen V. Altieri, Town Administrator
William Maker, Jr., Town Attorney
CALL TO ORDER - WORK SESSION
On motion of Councilwoman Wittner, seconded by Councilwoman Katz, the Work Session was unanimously
opened at 5:00PM.
Draft FGEIS – B & SB Zoning Amendment
The Town Board reviewed the Final Generic Environmental Impact Statement (FGEIS). Of note is the change
in the required setback for the Myrtle Blvd area. The Town Board discussed the significance of that. The
Board emphasized that this document is generic, adding any Environmental Impact Statement would be
site specific and require a State Environmental Quality Review (SEQR) process. Mr. Maker stated the Town
Board should not make a Zoning Amendment that would effectively force applicants to get a variance,
adding that if so you are essentially letting the Zoning Board make the laws. Mr. Maker was asked to
explain the next steps, at which he stated that before the Board this evening are draft documents that
would need to be put into final form. Once in final form the Town Board would vote on them. The final
text would also need to go to the Planning Board for their 45 day review process. The Board would like the
document to go to Frank Fish for a final draft. Supervisor Seligson asked that the draft be sent to the
Planning Board now while both Boards’ await the final draft.
Model Housing Ordinance &
Westchester County Housing Settlement – Letter from Federal Monitor
Although listed separately on the Agenda these items were discussed in tandem.
Additionally Present: Two members of the public and Robert Cammer, present as a Town Resident (but
noted Member of the Housing Authority).
The Board reviewed a letter from James Johnson, the Court Monitor for the Westchester County Housing
Settlement. The Town Board also reviewed notes prepared by Tiffany Zezula from the Board’s February 6,
2012 meeting with Rose Noonan, Housing Action Council Executive Director and Tiffany Zezula, Managing
Director of Pace University Land Use Law Center, regarding the Model Housing Ordinance. The notes
detailed the fourteen provisions of the Model Ordinance and the Town Board’s discussion of them.
Supervisor Seligson noted that she and Mr. Altieri have been contacted by a number of housing initiative
organizations, notably H.O.M.E.S.. Supervisor Seligson stated that the Town Board has an opportunity to
create a housing ordinance that works for the Town not just one that is being forced on the Town. The
Town Board reviewed the fourteen provisions again in detail, and then asked Mr. Maker to take the
Board’s discussion this evening and draft an Ordinance. Supervisor Seligson will work on a response to the
letter from the Federal Monitor.
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April 3, 2013
Amendment – Local Waterfront Revitalization Plan
Councilwoman Wittner read a prepared statement to the Board outlining the history of the Local
Waterfront Revitalization Program (LWRP), and its accomplishments. Councilwoman Wittner stated her
desire to bringing the LWRP and its land use plan up-to-date. Councilwoman Wittner is suggesting the
Town Board move forward with a NYS Regional Economic Development grant that could require matching
funds. In order to accomplish this Councilwoman Wittner is suggesting the Town hire a consultant.
Supervisor Seligson suggested that if the Town were to pursue such a proposal that it consider a broader
look at the Town’s Planning and Zoning laws as a more comprehensive approach.
Amendment – Administrative Manual – Revised Affirmative Action Policy
The Town Board felt this needed no additional discussion.
ADDED ITEM
Preparation – Public Hearing - Plastic Bag Ban
The Board noted that they had received correspondence from several residents and legal entities. Of note
was correspondence from Shamberg Marwell & Hollis, P.C. including case law that the Town felt needed
further review by Mr. Maker. The Board also discussed whether the Town’s Law should be drafted more
consistently to the ones adopted by the Villages’.
On motion of Councilwoman Katz, seconded by Councilwoman Wittner, the Board unanimously agreed to
enter into an Executive Session to discuss Collective Bargaining with the Firefighters’ Union.
EXECUTIVE SESSION
Collective Bargaining - Firefighters’ Union
On motion of Councilwoman Wittner, seconded by Councilwoman Katz the Board unanimously agreed to
resume the Regular Meeting.
CALL TO ORDER
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’S SUMMARY REPORT
Supervisor Seligson announced the recent dedication of the new Bocce Court at the Senior Center. The
Court was dedicated to former Supervisor Valerie O’Keeffe. The Town continues to work on Reassessment,
adding that GAR Associates is meeting regularly with residents to discuss Disclosure Statements.
Supervisor Seligson encouraged residents who would like to schedule an informal review to call GAR
Associates directly, adding all contact information is on the Reassessment web site linked from the Town’s
web site.
CITIZEN’S COMMENTS
Sharon Zaffino, 17 Parkview Avenue, New Rochelle, asked whether the Town’s proposed Zoning
Amendment was in direct response to Westchester County’s Housing Settlement.
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April 3, 2013
Supervisor Seligson responded that the Town has decided that this Zoning Amendment would be an
enhancement to the character of the Town, and that the Town first looked at this exact Amendment in
2006, but the Town Board chose not to move forward at that time. The Town Board at this time is very
much in favor of moving forward with an Amendment, noting it is something the Town has been working
on for many years. The idea of adding more fair and affordable housing in the Town of Mamaroneck is
something that is very appealing to this Board. It would add vibrancy and character to our Community and
make it a more thriving, diverse and better place to live.
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PROCLAMATION – Pat Sunderland 40 Anniversary as Senior Center Art Teacher
Supervisor Seligson read the following Proclamation:
PROCLAMATION
PAT SUNDERLAND
WHEREAS: Pat Sunderland is a full time professional artist who has passionately and
professionally taught the senior art class at the VFW for forty years; and
WHEREAS: Pat has had her paintings exhibited in respected museums in Colorado,
Philadelphia, Kentucky, and New York; and
WHEREAS: Her class at the VFW often has a waiting list, while her current students have the
highest respect for her and aim to never miss a class; and
WHEREAS: We would like to recognize her passion and
professionalism about her work as well as her
willingness to share her artistic talents and knowledge
with her class at the senior center; and
WHEREAS: The Town of Mamaroneck commends Pat and honors
her dedication to her art and to the belief that art is a
continuous discipline.
NOW, THEREFORE, BE IT RESOLVED, that I, Nancy Seligson, Supervisor of the Town of Mamaroneck, and the
Town Board members hereby congratulate and thank Pat Sunderland for her 40 years of dedicated service
to our community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be
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affixed this 3 day of April 2013.
Ms. Sunderland thanked the Town Board, adding that for 40 years she has looked forward to Wednesday
evening’s where she could spend time with friends and colleagues.
PUBLIC HEARING – Retail Checkout Bag Law
The following Notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the
State of New York, and pursuant to a resolution of the Mamaroneck Town Board
adopted on February 27, 2013 a Public Hearing will be held on Wednesday, April 3,
2013 at 8:00 PM or as soon thereafter as is possible in the Court Room of the Town
Center, 740 W. Boston Post Road, Mamaroneck, New York to consider - Legislation
Limiting the Use of Specific Types of Plastic Bags.
Purpose:
The Town of Mamaroneck is concerned about plastic bag litter in our community and
its impact on the local environment. In an effort to reduce this type of waste, the Town
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April 3, 2013
Board is considering legislation that will limit the use of specific types of plastic bags.
The full text of this Amendment may be examined and copies obtained at the Town
Clerk's office during regular hours, Monday - Friday, 8:30 AM to 4:30 PM, In June, July
and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, New York
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be
given an opportunity to be heard and that all persons are invited to submit written
comments at or prior thereto.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
CHRISTINA BATTALIA
TOWN CLERK
Published: March 15, 2013
On motion Councilwoman Wittner, seconded by Councilwoman Elkind Eney, the Public Hearing was
unanimously opened.
Supervisor Seligson asked if anyone wished to comment on the proposed Local Law.
Daniel Hollis, of Shamberg Marwell & Hollis, P.C., addressed the Board. Mr. Hollis’ law firm represents
the Food Industry Alliance of New York State, Inc. Mr. Hollis recapped from his written submission in
opposition to the proposed law.
Mr. Hollis’ written submission was accepted and entered into the record.
Jay Peltz, Vice President of Public Affairs for the Food Industry Alliance of New York State, Inc.
Mr. Peltz recapped from his written submission in opposition to the proposed law.
Mr. Peltz’ written submission was accepted and entered into the record.
Arlene Putterman, Manager for Public and Community Relations Metro Division for Stop and Shop. Ms.
Putterman was joined by Paul Valaro, General Manager for the Mamaroneck Stop and Shop. Ms.
Putterman read a prepared statement in opposition to the proposed law.
Nick D’Agostino, President and CEE of D’Agostino Supermarkets, spoke in opposition to the proposed
law.
Michaela Zeuss, Co-Chair for the Committee for the Environment in the Village of Mamaroneck,
addressed the Board, and spoke in favor of the proposed law.
Sara Goddard, Chair of the Rye Sustainability Committee, read from a prepared statement in favor of the
proposed law.
Mireille Bejjani, Student at the French American School and founder of their Earth Club, read from a
prepared statement in favor of the proposed law.
It is noted for the record written submissions from the following:
Dana Gunders, Project Scientsit, Health and Environmental Program for the Natural Resources Defense
Fund, in favor of the proposed law.
Elisabeth Radow, Radow Law PLLC, in favor of the proposed law.
Davis Stowell, 6 Blossom Terrace, in opposition to the proposed law.
John Mercaldi, President Square Bagel & Bread Dist., requesting the Town Board consider allowing
biodegradable plastic bags for limited use with ready to eat foods.
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was
unanimously adjourned until May 1, 2013.
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April 3, 2013
BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Seligson then on motion of Commissioner Odierna,
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: Phyllis Wittner
Commissioner: Ernest C. Odierna
Commissioner: Abby Katz
Commissioner: Jaine Elkind Eney
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:
The above resolution was put to a roll call vote:
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Odierna Aye
Commissioner Wittner Aye
Commissioner Seligson Aye
There being no further business to come before the Commission, on motion of Commissioner Elkind Eney,
seconded by Commissioner Odierna, the Commission unanimously adjourned and the Town Board
reconvened.
AFFAIRS OF THE TOWN
1. Authorization – Retirement Incentive Program – Department of Community Services
Mr. Altieri noted that over the last few years the Town has looked at way to reduce the total number of
employees, incentives being one of them.
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was,
RESOLVED, that the Mamaroneck Town Board does hereby approve of the
Resignation/Retirement Incentive Agreement between the Town of
Mamaroneck and Beverly Nolan.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
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April 3, 2013
2. Approval – 2013 Parking Fees
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was,
RESOLVED, that the Mamaroneck Town Board does hereby approve of the
Parking fees for the 2013/2014 season beginning June 1, 2013 and ending May
31, 2014 as follows:
COMUTER LOT #1
DAYTIME $650.00
METER $65.00
AREA BUSINESS
MAXWELL AVE $65.00
MYRTLE BLVD $65.00
LOT # 3 $500.00
24 HOUR PARKING $750.00
LOT # 3
24 HOUR - SENIOR $525.00
LOT #3
OVERNIGHT
LOT #4 $375.00
MYRTLE BLVD $375.00
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
3. Report of Bids – TA-13-06 Street Sweeping Services
The report of bids is entered into the record as:
ATTACHMENT A
On motion of Councilwoman Wittner, seconded by Councilwoman Elkind Eney, the following was
approved;
WHEREAS, on March 19, 2013 the Town publicly opened and read one bid for Contract
TA-13-06 Street Sweeping Services.
NOW, THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-13-06
Street Sweeping Services to the lowest responsible bidder, Three D Industries of Hawthorne,
New York, at a per day price of $752.00 plus $65.00 per cubic yard for the disposal of the
street sweeping material, and
BE IT, FURTHER
RESOLVED, that the Town Administrator is hereby authorized to execute said Contract on
behalf of the Town.
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April 3, 2013
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
4. Authorization – Drainage Project Amendments
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was
RESOLVED, that the Mamaroneck Town Board does hereby amend Capital
Project 29-10 Cabot Road Drainage to reflect the change to storm drainage on
Fenimore Road and Harrison Drive as detailed by the Town Comptroller as
follows:
AMEND CAPITAL PROJECT NAME - #29-10 (STORM DRAINAGE IMP.)
4/3/2013 TOWN BOARD MEETING
CAPITAL PROJECTS FUND (FUND H):
BUDGET BALANCE
FROM DRAINAGE - CABOT ROAD $ 100,998.69
TO STORM DRAINAGE IMPROVEMENTS $ 100,998.69
(CAPITAL PROJECT #29-10)
Amendment to Capital Project #29 -10 to facilitate storm water drainage improvements to other
various locations throughout the town as deemed necessary by the Town Engineer & Highway
Supt.
(see attached memo from Town Administrator)
Note - the available project budget will not change, Name change only is required.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
5. Salary Authorization – Ambulance District
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve of the
salary increases for the Ambulance District Paramedics and per-diem EMT’s at
the following rates:
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April 3, 2013
Hourly Paramedic Rate from $29.79 to $30.39
Per-diem EMT Rate from $17.25 to $17.60
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
6. Amendment – Administrative Manual – Revised Affirmative Action Policy
On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, the following was
unanimously approved;
WHEREAS, the Town Board on February 27, 2013 approved an Employees with
Disabilities Policy and the Equal Opportunity Employment (EEO) Policy to reflect new
requirements from the Westchester County Department of Senior Program and
Services, and
WHEREAS, upon submission to the County the Employees with Disabilities policy was
acceptable, the Equal Opportunity Employment Policy was not.
NOW THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby approve the
revised Affirmative Action/EEO Policy as rewritten by the Town’s Labor
Counsel.
7. Set Town Board Meeting Date - July 2013
On motion of Councilman Odierna, seconded by Councilwoman Katz, it was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby set the July 2013
Town Board Meeting date for July 24, 2013.
8. Approval - Certiorari
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the following tax
certiorari on the following terms:
AFA Management Realty Corp.
633-35 Fifth Avenue
Block: 132 Lots: 175, 609 and 645
Town of Mamaroneck
Block: 132 Lot: 175
Year Assessment Amount of Reduction Reduced Assessment
2007 $10,700 $3,000 $7,700
2008 $10,700 $3,000 $7,700
2009 $10,700 $3,000 $7,700
2010 $10,700 $3,000 $7,700
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April 3, 2013
2011 $10,700 $3,000 $7,700
2012 $10,700 $3,000 $7,700
Block: 132 Lot: 643
Year Assessment Amount of Reduction Reduced Assessment
2007 $9,900 $3,000 $6,900
2008 $9,900 $3,000 $6,900
2009 $9,900 $3,000 $6,900
2010 $9,900 $3,000 $6,900
2011 $9,900 $3,000 $6,900
2012 $9,900 $3,000 $6,900
Block: 132 Lot: 609
Year Assessment Amount of Reduction Reduced Assessment
2007 $37,400 $10,760 $26,640
2008 $37,400 $10,760 $26,640
2009 $37,400 $11,530 $25,870
2010 $37,400 $ 6,440 $30,960
2011 $37,400 $ 5,165 $32,235
2012 $37,400 $ 5,165 $32,235
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
APPROVAL OF MINUTES
On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby approve
the Board Minutes from the meetings of March 6 and March 20, 2013.
WRITTEN COMMUNICATIONS
Previously recorded under Public Hearing
REPORT OF COUNCIL
Councilman Odierna attended the Kids Outdoors Meeting at the Rye Nature Center. The Town is hosting a
clean up at the Premium Marsh Area in conjunction with the Larchmont/New Rochelle Rotary Club on April
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14. Councilman Odierna attended the Zoning Board Meeting on March 27, noting they adjourned and
approved a number of items. Councilman Odierna attended the dedication of the Bocce Court at the Senior
Center.
Councilwoman Katz did not have any scheduled liaison meetings, but noted she was very glad to see
Valerie O’Keeffe at the dedication of the Bocce Court.
Councilwoman Wittner noted her attendance at the dedication of the Bocce Court at the Senior Center.
Councilwoman Elkind Eney attended the Recreation Commission Meeting, noting that registration is open
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for Spring Programs and Summer Camp. The Library Spelling Bee will be held on April 7, noting that the
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April 3, 2013
roster is filled and everyone is encouraged to attend. Councilwoman Elkind Eney also attended the
dedication of the Bocce Court. Councilwoman Elkind Eney ended with GO ORANGE!
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Mr. Altieri announced that April 1 began Organic Pick-up and will continue through the end of October;
please no rocks, dirt or stumps.
Supervisor Seligson asked residents to continue to be diligent in cleaning up debris around their homes and
neighborhoods and remember to sign up for email alerts.
ADJOURNMENT
On motion of Councilwoman Wittner, seconded by Councilwoman Katz, the meeting was unanimously
adjourned at 10:05 PM
________________________________
Submitted by
Christina Battalia, Town Clerk
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