HomeMy WebLinkAbout2014_07_09 Town Board Minutes
July 9, 2014
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON JULY 9, 2014, 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
William Maker, Jr., Town Attorney
CALL TO ORDER - WORK SESSION
On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Work Session was
unanimously opened at 5:00PM.
TAKEN OUT OF ORDER
LMC-TV – Update on Alternatives for Proposed New Operations Facility
Additionally Present: Village of Mamaroneck Mayor, Norm Rosenblum and Village Manager, Rich
Slingerland.
Mr. Rosenblum and Mr. Slingerland were present to discuss the proposal to consolidate the LMC-TV
operations into the former Fire House on Mamaroneck Avenue. The Town reviewed a Financial
Analysis/Impact on Fund Balance & Municipal Distributions Report prepared by Tony Siligato, the Treasurer
for the Cable TV Board of Control. Supervisor Seligson reiterated that the Town has still not had a formal
presentation on this proposal. Mayor Rosenblum stated that the Village of Mamaroneck previously
approved the ‘concept’, adding that nothing formal has been adopted. Mr. Slingerland stated that the
Village of Mamaroneck Board of Trustees has asked him, and the Village Attorney, to determine the value
of the Fire House Building, as well as an analysis of potential tax revenues should the building be used by a
commercial endeavor. Supervisor Seligson questioned the use of capital funds, noting that LMC-TV depends
on that each year for expenses. It was then noted that the Capital Fund is significant at $900,000 and grows
each year. Mr. Murphy asked for a legal opinion on whether the Cable Board can spend restricted funds to
purchase a building. Mr. Slingerland responded that an Attorney consulted by the Village has advised that
they can. Mr. Slingerland will provide the Town with that specific document. Mayor Rosenblum stated that
there was concern that the surplus distribution to the Town and Villages’ remain intact as it is a budgeted
item that is depended on, adding that this distribution remains in the financials.
The Town Board discussed their concern for putting monies into a building it does not own. Mr. Altieri was
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asked where the discussion is regarding the use of the Town Center 3 floor as space for a consolidated
LMC-TV. Mr. Altieri responded that he is still waiting to hear back from Eric Lewis as to exactly what their
space needs would be. The next step is to wait for direction from the LMC-TV Board of Control.
Community Yard Sale
Supervisor Seligson gave an update on the event noting that it was very well received, but not quite
enough participation. Supervisor Seligson asked the Town Board to consider the benefits of the Town
taking over the event, adding the Town could be more effective with publicity. Mr. Altieri will speak with
Jill Fisher about how it could be incorporated as a Recreation Department event.
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July 9, 2014
Washington Square Resident Parking
The Town Board reviewed another red-lined draft of the proposed legislation. The Board discussed the
comments received from Ralph Engel. The Town Board asked Mr. Maker to make the following changes to
the legislation: change the word ‘Nanny’ to “Caregiver’, remove workers, and add a fine for fraudulent
procurement.
ADDED ITEMS
Supervisor Seligson stated that she has been contacted by residents of Dillon Road regarding a resident
issue. This is not the first time the Town has been asked to resolve what is clearly a neighbor to neighbor
issue. Although, sympathetic to this ongoing issue, the Town is stumped for a suggested resolution.
Supervisor Seligson noted that she will most likely have a candidate recommended for appointment to the
Coastal Zone Management Commission at the next Town Board meeting.
Mr. Maker advised the Town Board that he is consulting with Doug Goodfriend the Town’s Bond Counsel
regarding language in the Energize NY Agreement.
Housing Settlement Update
Supervisor Seligson reported that County Executive staff Kevin Plunkett, George Oros and Ned McCormick
met with Westchester County Officials from most of the ‘31 eligible’ communities. A PowerPoint was
presented, which Supervisor Seligson noted as being very bias.
New Rochelle Sewer District
In a continuation of what was discussed at the June 4, 2014 Town Board Meeting, it was reported that
Town Officials along with officials from the City of New Rochelle, and Villages of Pelham Manor and
Larchmont met with the NYS Department of Environmental Conservation (NYSDEC) to continue to address
the consent order they have with the County to close the bypass valves from the overflow retention
facilities in New Rochelle and Larchmont . The municipalities will have to repair the inflow and infiltration
into the sewer pipes.
Police Department Staffing
The Town Board reviewed a memo from Connie Green O’Donnell dated July 1, 2014, which addresses
Police Officer appointments. The Police Chief is advising not to disclose the names of the candidates prior
to their passing the physical exam and required tests. New hires will need to enter the Police Academy for
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training on August 4 and continue their training until December. The Town Board will hold a special
meeting next week to make an appointment once the names of the candidates are released, and they have
passed all required exams.
Larchmont Joint Garbage Commission
Deferred to August 13, 2014.
On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Board unanimously agreed
to enter into an Executive Session to discuss litigation involving Straight Gate Church.
EXECUTIVE SESSION
Litigation – Straight Gate Church
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July 9, 2014
On motion of Councilwoman Katz, seconded by Councilman Murphy, the Board unanimously agreed to
resume the Regular Meeting.
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
The annual summer Town concerts in Memorial Park began this past Monday and will continue for
the next three Mondays in July. I was sorry I wasn’t able to attend, but I thank Ernie, Abby, Jaine
and Tom for attending. I also want to thank Tony Gelber, chair of the Sustainability Collaborative,
for introducing the committee and promoting a zero-waste concert. Thank you to member Steve
Moser for introducing the concept of a walkable and bikable community also.
Steve Altieri and I attended two meetings regarding the infrastructure needs for the Town’s
sanitary sewers. The first meeting was with the County and the second meeting was with both the
County and NYS Dept. of Environmental Conservation (NYSDEC). The DEC has a consent order with
the County that forces the closure of the bypass valves from the overflow retention facilities and
to reduce the amount of flow to the New Rochelle sewage treatment plant. The municipalities will
have to repair the inflow and infiltration into the sewer pipes. The other Sound Shore
municipalities in the New Rochelle sewer district affected by these consent orders are Pelham
Manor, New Rochelle, and Larchmont. All of the communities are committed to fixing the
problems, but would like to address the problems in a joint, systematic and rational way. The
Town has a proposed resolution on the agenda to commit to a timeline to analyze and evaluate
the problem.
The Sustainability Collaborative met twice since our last meeting and continues to draft a Town
Sustainability Plan. I participated on an advisory subcommittee to the Regional Economic
Development Council regarding Long Island Sound communities’ interests. The Town Board
continues to work on the Washington Square Are resident parking legislation. It was an item on
the work session agenda this evening. The Energy Performance Contract renovating the ice rink,
Town Center, Fire House and street lights is in full progress. I attended a wonderful Howell Park
Homeowners Assoc. annual dinner, the Larchmont Historical Society’s House Tour, and the Old
Timers Athletic Association Annual Awards dinner. On Friday I have an interview at Cablevision for
their program” Meet the Leaders”.
CITIZEN’S COMMENTS
Supervisor Seligson asked if anyone in the audience would like to address the Board, and there was not.
PRESENTATIONS
2013 Coastal Zone Management Commission Annual report – Deferred until August 13, 2014
Westchester Joint Water Works Rate Increase
Additionally Present: Tony Conetta and David Burdsell, of the Westchester Joint Water Works
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July 9, 2014
Mr. Conetta gave a summary of how the Westchester Joint Water Works functions, and then Mr. Burdsell
gave a PowerPoint presentation outlining the current financial position of the Westchester Joint Water
Works, capital project plans and a proposed water rate increase.
Mr. Odierna asked Mr. Conetta for an update on the UV plant alternative, of which Mr. Conetta did.
Mr. Altieri addressed the proposed water rate increase of 6% stating that moving forward there will be
major borrowing in the future and future rates may not continue to be this favorable. Mr. Altieri also
stated that the waterworks sustains itself through sales and does not require a water tax.
On motion of Councilman Odierna, seconded by Councilman Murphy , it was
RESOLVED, that the Mamaroneck Town Board does hereby approve of a water rate increase
of 6% for the Westchester Joint Water Works unincorporated Town of Mamaroneck
customers effective July 1, 2014.
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
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 Councilwoman Katz, 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 Murphy Aye
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Odierna Aye
Commissioner Seligson Aye
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July 9, 2014
2.Other Fire Department Business
Commissioner Elkind Eney read the Fire Report for the Month of June as submitted by Chief Russo as
follows:
June 2014
ALARM TYPE NUMBER
Generals 34
Minors 23
Stills 2
Out of Town (Mutual Aid) 2
EMS 40
Drills 9
TOTAL 110
Total number of personnel responding: 910
Total time working: 54 hours and 24 minutes
Commissioner Elkind Eney reported that at the recent Fire Council Meeting they discussed the purchase of
the new generator and the building repairs being done through the ESCO. Additionally, a Committee has
been formed to begin working on the replacement of one of the fire trucks.
There being no further business to come before the Commission, on motion of Commissioner Odierna,
seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened.
AFFAIRS OF THE TOWN
1.Appointment – Board of Assessment Review
No appointment necessary at this time.
2.Report of Bids – Contract TA-14-07 Installation of Drainage System – Howell Park
The Report of Bids is entered into the record as follows:
ATTACHMENT A
On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the following was approved
WHEREAS, on July 3, 2014 the Town publicly opened and read nine bids for Contract TA-14-07
Installation of Drainage System – Howell Park.
NOW THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-14-07 Installation of
Drainage System – Howell Park to the lowest responsible bidder Vernon Hills Contracting, of Mount
Vernon, for a total of $30,245.00 for replacement of the Town drain and for a total of six individual
property improvements at a total cost of $35,842.00, for a total contract price of $66,087.75, and
BE IT FURTHER,
RESOLVED, that the Town Administrator is hereby authorized to sign said contract on behalf of
the Town.
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July 9, 2014
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
3.Authorization – Transfer of Funds – Hommocks Ice Rink Trust Fund
On motion of Councilman Murphy, seconded by Councilwoman Katz, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds for
improvements to the accessories in the Ice Rink , including the spectator bleachers, replacement of
the benches in the rink lobby and skate rental area, and the enlargement of the lobby viewing
window, as detailed by the Comptroller in the following schedule:
AMEND 2012 CAPITAL PROJECT & BUDGET - ICE RINK IMPROVEMENTS
(TRANSFER FROM ICE RINK TRUST)
7/9/2014TOWN BOARD MEETING
CAPITAL PROJECTS FUND (FUND H):
AMEND BUDGET:
EXPH.7265.0400.2012.24ICE RINK IMPROVEMENTS$ 41,550.00
REVH.0000.5041.2012.24TRANSFER FROM TRUST$ 41,550.00A
(CAPITAL PROJECT #2012-24)
(Increase project budget with additional $41,550 from Ice Rink Trust
for various Ice Rink Capital Improvements):
Original Capital Project Budget:$ 430,000.00
Funding source:
SERIAL BONDS - RESOLUTION ADOPTED 2/1/12$ 430,000.00
TRANSFER FROM TRUST FUND 7/9/14$ 41,550.00A
Revised Capital Project Budget as amended on 7/9/14:$ 471,550.00
7/1/2014 BALANCE (T.0109) -$ 98,526.44
TRUST A/C # T.0000.0109 (ICE RINK TRUST FUND)$ (41,550.00)
(Transfer to Capital Fund)
REVISED BALANCE (T.0109) -$ 56,976.44
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
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July 9, 2014
4.Authorization – Resolution – New Rochelle Sewer District
On motion of Councilman Odierna, seconded by Councilman Murphy, the following was approved
WHEREAS, a portion of the Town of Mamaroneck lies within the Westchester County New
Rochelle Sanitary Sewer District, and,
WHEREAS, the County of Westchester in its flow monitoring program has identified the
Town of Mamaroneck along with New Rochelle, Pelham Manor, and the Village of
Larchmont as communities that during times of heavy rain contributes excess flows into the
County Sewer System, and,
WHEREAS, the County of Westchester is under a consent order issued by the New York
State Department of Environmental Conservation to reduce the flow rates and eliminate
the inflow and infiltration of storm water into the sanitary sewer system, and
WHEREAS, the Town of Mamaroneck is in support of efforts to enhance the water quality of
Long Island Sound by reducing the flow of storm water into the sanitary sewer system
NOW THEREFORE, BE IT
RESOLVED, that the Supervisor and Town Board are committed to working with
Westchester County on a cooperative plan and process to remediate inflow and infiltration
from Town Sanitary Sewers, and
BE IT, FURTHER
RESOLVED that the Town Administrator shall serve as the contact person for the Town of
Mamaroneck for this program and is authorized to execute an agreement with Westchester
County for the remediation of inflow and infiltration subject to review by Town Counsel
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
5.Authorization – Transfer of Funds – Highway Fund – Guard Rail
On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby authorize the transfer of the
receipt of the insurance recovery funds for the repair of the guard rail on Old White Plains
Road as outlined by the Comptroller in the following schedule:
BUDGET AMENDMENT - INCREASE 2014 HIGHWAY FUND BUDGET
7/9/2014 TOWN BOARD MEETING
HIGHWAY FUND (FUND DB):
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July 9, 2014
INCREASE BUDGET:
REV DB.0000.2680 INSURANCE RECOVERIES $ 11,156.00
EXP DB.5110.4240 ROAD WALL REPAIRS $ 11,156.00
* REPRESENTS RECEIPT OF INSURANCE RECOVERY FOR REPAIR OF GUIDERAIL DAMAGED ON
OLD WHITE PLAINS RD. ON 12/8/2013.
CLAIM #77052774
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
6.Authorization – Transfer of Funds – Tree Fund
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds in
the amount of $1,325.00 for the planting of four trees in the unincorporated Town as outlined
by the Comptroller in the following schedule:
BUDGET AMENDMENT - TRANSFER FROM TRUST FUND TO GENERAL FUND
7/9/2014 TOWN BOARD MEETING
GENERAL TOWN WIDE FUND (FUND A):
INCREASE BUDGET:
A.0000.5041 TRANSFERS FROM TRUST FUND $ 1,325.00
A.8510.4178 PLANTS / TREES/ MOSQUITO CONTROL $ 1,325.00
* (REPRESENTS USE OF TREE PLANTING FUND DONATIONS
FOR PURCHASE OF STREET TREES FOR ANNUAL SPRING PLANTING)
* TRUST A/C # T.0000.0097 (TREE PLANTING FUND) $ (1,325.00)
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
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July 9, 2014
7.Set Public Hearing – Handicapped Parking Spaces – Washington Square Neighborhood
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public
Hearing on “The Four Handicapped Parking Spaces in the Washington Square area and
the One Handicapped Space on Myrtle Boulevard” Law, for August 13, at 8:00PM in the
Court Room of the Town Center, 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.
8.Consideration of 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:
Nat Picco
615 Palmer Avenue
Section/Block/Lot: 9-4-308
Town of Mamaroneck/Village of Mamaroneck
Year Assessment Amount of Reduction Reduced Assessment
2009 $11,000 $1,460 $ 9,540
2010 $11,000 $ 700 $10,300
2011 $11,000 $ 900 $10,100
2012 $11,000 $2,300 $ 8,700
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
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:
Yogi Realty
1906-1908 Palmer Avenue
Section/Block/Lot: 6-6-419
Town of Mamaroneck/Village of Larchmont
Year Assessment Amount of Reduction Reduced Assessment
2009 $34,000 $3,800 $30,200
2010 $34,000 $ 900 $33,100
2011 $34,000 $ 400 $33,600
2012 $34,000 $2,700 $31,300
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July 9, 2014
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
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:
Goldhammer & Goldhammer LLC
108-114 Chatsworth Avenue
Section/Block/Lot: 6-6-409
Town of Mamaroneck/Village of Larchmont
Year Assessment Amount of Reduction Reduced Assessment
2009 $49,000 $15,660 $33,400
2010 $49,000 $12,300 $36,700
2011 $49,000 $11,300 $37,700
2012 $49,000 $13,800 $35,200
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
APPROVAL OF MINUTES
On motion of Councilman Odierna, seconded by Councilman Murphy, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby approve
the Board Minutes from the Meetings of June 4, 2014 and June 18,
2014.
WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
Councilman Murphy reminded residents to consider the implication of Certiorari on the school district,
adding the school district pays out significant amounts of money and will have an effect moving forward.
He wishes everyone a wonderful remainder to the summer - enjoy this wonderful weather.
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July 9, 2014
Councilman Odierna attended the LMC-TV Board of Control Meeting on June 19th, at which their primary
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focus continues to be the new facility for LMC-TV. On June 25 he attended the Sustainability
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Collaborative and the Zoning Board Meeting. On July 2 Councilman Odierna attended the STEM meeting
at which they discussed projects for the COOP Camp, specifically how Councilman Odierna could help them
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with cardboard boat building. On July 10 he will be lecturing at the Learning in Retirement (LRC) Meeting
on ‘Games People (used to) Play’. He is hoping this could be a great roll out to our Senior Center and the
Rotary Club.
Councilwoman Katz attended the Coastal Zone Management Commission at which they noted their
excitement to kick off the work of the consultant the Town has hired for updating the Local Waterfront
Revitalization Plan. She noted that she missed a number of festivities, as she was away.
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Councilwoman Elkind Eney attended the Old Timers Athletic Association Dinner on June 19, at which they
presented Scholar Awards to a female and male senior graduating from Mamaroneck and Rye Necks High
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Schools. On July 1 she attended the Village of Mamaroneck Parade noting it was a great turn-out with
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wonderful weather. On the July 4 Councilwoman Elkind Eney attended the ‘Blessing of the Fleet’ at
Harbor Island Park. Councilwoman Elkind Eney reminded residents that the ‘Concert in the Park’ began last
Monday in Memorial Park. Additionally, she noted that the Recreation Commission did not meet this
month and she was unable to attend the Planning Board Meeting as that is being held this evening.
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Supervisor Seligson noted she was on the Island of Vinalhaven, Maine for July 4, adding she missed the
wonderful Village of Mamaroneck fireworks!
ADJOURNMENT
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the meeting was unanimously
adjourned at 9:30 PM
________________________________
Submitted by
Christina Battalia, Town Clerk
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