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HomeMy WebLinkAbout2014_09_03 Town Board Minutes September 3, 2014 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON SEPTEMBER 3, 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 Councilwoman Katz, the Work Session was unanimously opened at 5:00PM. Request of 16 North Chatsworth Avenue re: Handicapped Access Additionally Present: Jack Adler, President of 16 North Chatsworth and Arthur Wexler, resident of 16 North Chatsworth The Town Board reviewed a memo from Mr. Altieri explaining that the residents’ of 16 North Chatsworth Avenue apartment have submitted a request to install/create an ADA compliant handicapped accessible ramp on Old Jefferson Street. The Board was given an updated architectural drawing at the worksession. Mr. Adler explained that the building currently is not handicapped accessible. This addition would only require a building permit and not a zoning variance. As drawn, the platform would jut out into New Jefferson Street by about 2 ½ feet, and thus would require, should the Board approve, a lease agreement with the Town. The Town Board, stating that this seems straight forward, asked Mr. Maker to draft a lease agreement for their review. Proposed Website Management Protocol The Town Board reviewed a proposal outlining the protocol for updating and maintain the new website. The protocol establishes a policy for posting links and maintaining Department web pages and establishes the Assistant to the Supervisor as website Administrator. Correspondence re: Pryer Manor Road The Town Board reviewed correspondence from Phyllis Wittner in which she explains a situation with a house on Dillon Road that was renamed by a new owner to be 21 Pryer Manor Road. Ms. Wittner feels that the property is incorrectly addressed and sites the Town map as proof. The Town Board does not wish to take any action on this matter. Discussion of Noise Ordinance Supervisor Seligson stated that Chris Bordain, a resident on Lafayette Avenue, has approached the Board with a request that the noise ordinance be modified so as to limit construction work on weekends. There was discussion that this does pose an issue to homeowners who may do their own work on the weekends, as this may be their only time to do so, or for those homeowners who may wish to be home when certain contractor work is done. The Board noted that there are limits in place for blasting, which has been a nuisance for many residents in the past. The Board noted that they have not received any other complaints 1 September 3, 2014 or other requests for such a change. The Planning Board is currently reviewing this and the Town Board would like to wait and hear from them before moving forward. Update – New Rochelle Sewer District – Inflow & Infiltration The Town Board reviewed a memo from Mr. Altieri in which he states that the Board previously reviewed a proposed stipulation agreement between the County of Westchester and the Town that was then sent to the New York State Department of Environmental Conservation (DEC) for review. Based on that review th. there is a revised agreement before the Board. Mr. Altieri’s memo dated August 29Outlines the various changes. The Town will await for another review by the DEC before final approval. Mr. Altieri reminded the Board of the tight time frame for this stipulation agreement, as well as the fact that this will be a huge project. ADDED ITEM Additional Correspondence from Eleanor Sherman Supervisor Seligson stated that the Town has received additional correspondence from Eleanor Sherman in which she sites legislation from the Town of Greenburgh. Mr. Altieri stated that the Greenburgh legislation is no more restrictive than the Town’s. Mr. Maker also stated that the Town cannot regulate trees on private property. The Board questioned whether the Town’s maintenance law speaks about tree maintenance and asked Mr. Maker to review that. Supervisor Seligson will respond to Ms. Sherman that the Town will not legislate neighbor to neighbor issues. Update – Westchester County Housing Settlement Supervisor Seligson explained that last Friday the Town received a report and significant amounts of data from the Federal Monitor, Jim Johnson, and requesting a response by the following Tuesday afternoon. Supervisor Seligson noted that there was much outrage by other municipalities to the time frame for such a request. The Town (and other Municipalities ) were being asked to comment on significant amounts of data that was unclear, confusing and seeming to be incorrect, not to mention that Town did not have the wherewithal or capability to analyze such data. Supervisor Seligson and Mr. Altieri called Mr. Johnson to let him know how the Town felt about this data. Mr. Johnson did say that additional narrative would come with the final report. Essentially, Supervisor Seligson stated that although it appears they would like our input, this is not quite the case. The concern is this report puts the municipalities in the position of being accused of violating the Huntington case. The Monitors appears to be analyzing data to see if it fact it proves that the municipalities are in conflict with the Huntington report. Additionally, Anna Danoy did do an initial review and although it is very difficult to analyze such confusing and inaccurate data, it appears the report does not put the Town in violation of the Huntington Report. ADDED ITEM Review of the Draft Legislation – Washington Square Resident Parking The Board reviewed the draft legislation on the agenda this evening for setting a public hearing. Review of License Agreement re: 9 Locust Terrance Councilwoman Elkind Eney questioned whether a dollar amount should be stated for the liability insurance. Mr. Maker answered that yes in fact it should. The Board discussed one million dollars as an acceptable amount and asked for that to be added to the agreement. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Board unanimously agreed to enter into an Executive Session to discuss the employment of a particular person within the Supervisors Office. EXECUTIVE SESSION 2 September 3, 2014 Employment of a Particular Person within the Supervisors Office On motion of Councilwoman Katz, seconded by Councilman Odierna, 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. YEARS OF SERVICE RECOGNITION - Philip Belligham – Larchmont Volunteer Supervisor Seligson welcomed Mr. Belligham and a number of guests from the Volunteer Ambulance Corp. Supervisor Seligson began by presenting the very impressive amount of information about Phil’s 30 years of service. Supervisor Seligson then read the Proclamation as follows: WHEREAS: Phil Bellingham has been an exceptional volunteer for the Larchmont Mamaroneck Volunteer Ambulance Corporation for thirty years; and WHEREAS: Phil joined the Larchmont Ambulance Corps in 1984 and advanced his career in EMS by completing coursework to become a New York State Certified Paramedic; and WHEREAS: Since 1994, when the Town of Mamaroneck Tri-Municipal Ambulance District was created, Phil has served as one of the District’s staff paramedics; and WHEREAS: Even after his appointment as a paramedic, Phil continues to serve as a volunteer member of VAC putting in well over 500 hours each year; and WHEREAS: Phil has been recognized by the Westchester Regional Services Council for his work and is looked up to by all members of VAC as a mentor and role model; and WHEREAS: We would like to officially thank Phil for his dedicated and long term commitment to the community; and NOW, THEREFORE, BE IT RESOLVED, that I, Nancy Seligson, Supervisor of the Town of Mamaroneck, and the Town Board members hereby congratulate Phil Bellingham for his thirty years of service to the community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be rd affixed this 3 day of September, 2014. Grant Nichanian, President of the Larchmont/Mamaroneck VAC addressed the Board thanking them for being so supportive in recognizing Phil for his many years of service and dedication to the residents’ of the Larchmont Mamaroneck Community. SUPERVISOR’S SUMMARY REPORT Welcome to the September 3, 2014 Town Board meeting. The paving projects throughout the Town will all be complete early next week. The Murray Avenue School steps are still under construction. The Mamaroneck School District had problems with the contractor and had to terminate the contract with them. They will work to hire a new contractor to continue construction, but it could take a long time. The construction was suspended this week to allow for normal car and pedestrian traffic flow for the start of school. The Town is working with the School District and the County as it is a County road to make sure traffic moves safely. The Energy Performance Con5rtact continues to progress well. They started making ice at the ice rink. The street light replacements will begin this week. The Federal Housing Settlement with 3 September 3, 2014 the County became active in the last few weeks. The Federal Monitor presented new data and statistics to the Town asking for us to check and review it. The Town has begun working on the 2015 budget. The department heads will submit their budgets next week. The Town Board will review the preliminary budget in October. There will be a coastal cleanup at the Premium Marsh on Saturday Sept 13 at 10:00 AM. Please come join us to enjoy a beautiful area of the Town and help clean it up. CITIZEN’S COMMENTS Kevin Crowe, representing the Larchmont Gardens’ Civic Association, addressed the Board. Today, recycling day, there were a number of recycling bins strewn around, adding this is a continual problem. As for the aerating installation at the Lake, the Association would like to know how much that might cost so as to assess how they could help financially with such a project. Supervisor Seligson, interjected that this is something that has been discussed in the past and we would like to begin discussions with the Association about how this could be paid for, adding the aerators at Beachmont Lake were paid for by the residents. Mr. Altieri stated that initial estimates are $15,000 to $20,000 thousand dollars. The Association continues to discuss the plantings and how they could be reduced to allow more visibility of the Lake. Supervisor Seligson reminded Mr. Krohl of the intention of the grant, but added that the Town will contact the County to discuss what within the guidelines could be done with respect to trimming the plantings. Additionally, Supervisor Seligson noted that each fall the plantings are cut back as required, so additional trimming would be for the summer. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind Eney, seconded by Commissioner Katz, 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 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: AAA Emergency Supply Hydro and Refill 13 Scott Bottles 624.00 AAA Emergency Supply Turnout Coat Pockets 100.00 Atlantic westchester Filters AC Units - 7/29/14 69.12 AT & T Mobility Wireless Service for 7/12 to 8/11/14 296.44 Argento & Sons Platinum Trimmer Line, Wheel for Mower 93.00 Amazon. Com Keyboards & Mouse, Batteries for Laptop 308.32 Amazon. Com LG Monitor, Scanner, Davis Weather Station 856.68 Amazon. Com Dewalt Sawsall for E51, T/Credit, Speaker 82.02 Brewers Vinyl, Hooks, Kickdown 19.67 Cablevision Cable Services for 8/23-9/22/14 116.09 Con Edison Fire HQ Gas Svc 5/30-6/30/14 171.82 Con Edison Fire HQ Gas Svc 6/30-7/30/14 157.70 Clean Air Co Repairs to Plymovent System 386.00 Grainger Toilet Paper, Floor Cleaner & Urinal Screens, Pulley Block 234.89 New England Uniform co. Career Staff 2014 Uniforms 3822.15 New England Uniform co. Badges, Class A Uniforms - Bigman & Owens 1072.00 4 September 3, 2014 Poland Spring/Deer Park Water cooler rent 7/19 - 8/18/14 111.96 Ricoh Copier contract for billing period 7/22- 8/21/14 214.57 Tony's Nurseries Hay for Car Fire Drill 79.96 Town of Mamk Fire Dept. Parts for wiring repairs 66.56 Town of Mamk Fire Dept. Food for August Drill 372.39 Verizon Fire HQ service 7/10-8/9/14 337.51 Westech Elevator Services Maintenance for month of September 2014 175.00 Total: 9767.85 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 August as submitted by Chief Russo as follows: August 2014 ALARM TYPE NUMBER Generals 24 Minors 23 Stills 0 Out of Town (Mutual Aid) 3 EMS 42 Drills 7 TOTAL 99 Total number of personnel responding: 756 Total time working: 42 hours and 00 minutes Commissioner Elkind Eney stated that at the Fire Council Meeting it was reported that the Department received a $4,000.00 State grant for fire safety equipment, adding the Department is very excited about that and will put it to good use. There being no further business to come before the Commission, on motion of Commissioner Odierna, seconded by Commissioner Elkind Eney, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Set Public Hearing – Washington Square Resident Parking Law Supervisor Seligson explained that the Town has been working for a number of months on this legislation. The Town has heard from many residents verbally and in writing and now feels that the Town has a new draft legislation it would like to present to the residents for a public hearing. Councilman Murphy 5 September 3, 2014 reminded residents that this will not please everyone, and Councilwoman Katz stated that there is still a three hour availability for non-resident parking. 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 Residential Parking District for the Washington Square Area for September 17, 2014 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. 2. Authorization – Transfer of Funds – Sewer District Mr. Altieri explained that due to heavy rains storms earlier this year there were backups of sanitary sewage on Laurel Avenue. An internal transfer within the Highway Budget is being requested to contract out TV inspection services of the sanitary sewer line. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does herby approve the transfer of funds in the amount of $6,500.00 for TV inspection services of the sanitary sewer line, as outlined by the Town Comptroller in the following schedule: FY 2014 BUDGET TRANSFER - SEWER DISTRICT (SANITARY SEWERS) 9/3/2014 TOWN BOARD MEETING SEWER DISTRICT (FUND SS): BUDGET TRANSFER: FROM SS.8120.4253 SEWER CONSTRUCTION $ (6,500.00) TO SS.8120.4053 TV INSPECTION $ 6,500.00 * REPRESENTS FUNDS TO BE REALLOCATED FOR UNANTICIPATED INSPECTION & EXTENSIVE CLEANING OF SANITARY SEWER LINES AT LAUREL AVENUE AS REQUESTED BY THE SUPT. OF HIGHWAYS (SEE MEMO) The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 3.Authorization – License Agreement – 9 Locust Terrace Mr. Maker explained that at the last Town Board worksession the Board asked him to draft a license agreement pursuant to the request by the owners of 7 Locust Terrace “to be allowed to continue to use the 6 September 3, 2014 portion of Locust Terrace that currently is improved with a patio, concrete steps, a walkway, retaining wall and a fence.” This is the only access to the home. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does herby approve the License Agreement between the Town of Mamaroneck and Terrance J. Reilly, residing at 9 Locust Terrance, and BE IT, FURTHER RESOLVED, that the Town Clerk is instructed to publish this License Agreement in the Town’s official newspaper in accordance with municipal law. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 4.Authorization – Architectural Services – Police Department DEFERRED 5.Settlement of Certiorari On motion of Councilman Odierna, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Victor Noletti 357-365 Mamaroneck Avenue Section/Block/Lot: 9-6-1 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2009 $25,000 $5,000 $20,000 2010 $25,000 $2,270 $22,730 2011 $25,000 $1,815 $23,185 2012 $25,000 $3,860 $21,140 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 6.Salary Authorization This authorization is to approve additional salary for Andrea Grenadier, Confidential Secretary to the Supervisor and Sustainability Coordinator, due to her added responsibilities and additional scope of work as Web Master/Website Administrator. 7 September 3, 2014 On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the salary increase for Andrea Grenadier for her added responsibility and scope of work as the Town Website Administrator to bring her salary to $42,000, effective immediately. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye REPORT OF COUNCIL Councilwoman Elkind Eney stated that she and Supervisor Seligson attended the LMC-TV Summer Picnic at th Harbor Island on August 15, as well as to the VAC Dinner at Larchmont Shore Club, where various members received award for outstanding service. Of note, was the special award given to Joe Russo for all th that he has done for VAC over the years. On August 27 she and Steve Altieri participated in the ALS Ice Bucket Challenge at the VAC Headquarters and was then given a special tour that included seeing the Lucas Chest Protector device that was approved for purchase last year. Councilwoman Elkind Eney noted that she nd previously reported on her attendance at the September 2 Fire Council earlier in the Meeting. Councilwoman Katz noted that she has been on vacation and has not attended any liaison meetings, adding school is open so please drive carefully. Councilman Odierna also has not attended any meetings, adding he has spent much time on the water. He did mention that the Hommocks Pool looks great and is well attended, he did note however, that it is too cold for him. Councilman Odierna attended the Westchester Joint Water Works meeting, at which they discussed their financial report and the hope for approval in September of their alternative to the UV treated water plant. Councilman Murphy stated that this was the most wonderful summer weather he has ever remembered. He reminded the residents that this coming Tuesday there is a Primary for Governor, as well as for Village of Mamaroneck Trustees. Polls are open from 6:00am to 9:00pm. Supervisor Seligson wanted to close the meeting in memory of Jeffrey Weiner who recently passed away. He was a wonderful member of our Community and always brought joy to everything he did. Finally, we congratulate Bob Herbst on winning another lifting contest. On motion of Councilwoman Katz, seconded by Councilman Murphy, the Town Board agreed to reenter the Work Session for a quick item that was not previously discussed. Mr. Altieri stated that an architectural firm located in the Washington Square area has approached the Town about using the Kiosk as an Office. The Board discussed this briefly concluding there was no apparent down side and asked Mr. Altieri to continue discussing the details with the Architectural firm. ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilman Murphy, the Meeting was unanimously adjourned at 9:07 PM. ________________________________ Submitted by Christina Battalia, Town Clerk 8