Loading...
HomeMy WebLinkAbout2013_07_24 Town Board Minutes July 24,2013 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JULY 24,2013, BEGINNING AT S:OOPM 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 Katz,seconded by Councilwoman Wittner,the Work Session was unanimously opened at S:OOPM. Additionally Present: Robert Cammer and Ira Block Review of Draft Model Housing Ordinance The Town Board reviewed the Draft Ordinance as prepared by Mr. Maker. The Board went line by line with questions and comments. Mr. Maker was asked to red line any changes for the Town Board to revisit at the August meeting. ADDED ITEMS Supervisor Seligson updated the Town Board on her attendance at the Town Village School(TVS) Meeting. There is much discussion about the various projects taking place at the schools. There is a School Board Meeting taking place this evening to discuss with residents the Murray Avenue School wall project. As a continuation of Supervisor Seligson's previous reporting on the Westchester Joint Water Works,she noted that again,County Legislator Judy Myers received documents regarding the County's intent to draw water from Shaft 22,without a feasibility study or proof that pressure will not be effected. It appears the County Legislators'will not vote on this until there is proof that pressure will not be an issue. Mr.Altieri stated that adding UV treatment at Rye Lake is a very good solution, but at the moment the WJWW is being turned down from adding UV filtration at Rye Lake. If the County taps into Shaft 22,WJWW could have serious problems with water pressure and capacity. If WJWW could access more water from Rye Lake and treat it with UV,there could be less demand for water from Shaft 22. Supervisor Seligson noted an upcoming CAP Center Meeting that she will attend. The meeting will focus on the retirement of Guisela Rodriguez, CAP Center Director,and moving the Center forward after her retirement. Supervisor Seligson stated that the Washingtonville Housing Alliance will be closing its doors. Mr.Altieri met with them to discuss tax issues regarding properties on Library Lane in the Village of Mamaroneck. ADDED ITEM 1 July 24,2013 116 Premium Point The Town Board reviewed a draft resolution prepared by Mr. Maker regarding the unpaid real estate taxes due to the Town as of July 1,2013 of$3,122,530.78. Mr. Maker stated that there appears to be a closing by the lien holders for this Friday,so if approved the Town would could receive a check for 95%of the taxes due on Friday. Mr. Maker is recommending that this resolution be added to the Regular Agenda for this evening.The Town Board stated that they would like a representative from the Town to be at the closing to receive this check in person. Mr. Maker will be receiving an updated list of tax arrears and will send them to Benchmark to begin the title searches for the remainder of the in rem proceedings. Amendment Discussion-Proximity Rule for Conflicts of Interest Additionally Present: Ira Block,Alternate Member of the Planning Board The Town Board reviewed a Draft Legislation prepared by Mr. Maker. The discussion centered on whether Members of Town Boards and Commissions should not only recuse himself/herself from voting but also not be allowed to comment on a land use applications that may impact them. The Board discussed whether as written,the Law may be too strict,and further had additional concerns about not being able to comment about applications as a 'resident'. Mr. Block felt that instead of verbiage stating it would be an ethical violation not to recuse oneself if they live within the notification area, but rather it state that they not be a Member of that Board during that particular application;the Board discussed the impact of that difference. Mr. Maker will redraft the legislation for further review and discussion by the Town Board. Discussion of Town Board Selections—Strategic Planning Obiectives Supervisor Seligson reminded the Town Board Members that they have been asked to review the goals and objectives and choose some that they would like to spearhead.The Board reviewed the objectives again. Expansion of the Mailing Area for Notification of Certain Land Use Applications Due to the limited time remaining the Town Board deferred this item. Policy Discussion—Property Maintenance of Abandoned Homes Mr. Altieri noted that this item is being brought to the Board at this time due to an ongoing issue with the abandoned property at 40 Weaver Street across the entrance to Shop and Shop, known as the 'old toy store'. This property has been in disrepair for years and is also in severe tax arrears. The Town has not been successful in contacting the owners. A nearby resident has notified the Town asking the Town to initiate their right under Town Code to maintain the property. Mr. Altieri would like the Town to begin the policy of moving to clean up an abandoned property but only after a Summons is issued. CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:10 PM, she then pointed out the location of the exits. PROCLAMATION for Fred Baron Supervisor Seligson welcome everyone and read the following: WHEREAS, Fred Baron and his wife Susan Baron have lived in the Town of Mamaroneck for 30 years and raised their daughters in the Town; and 2 July 24,2013 WHEREAS, Fred Baron has served on the Town of Mamaroneck Historical Records Committee since its establishment in April of 1986 and has served on the Town of Mamaroneck Zoning Board of appeals since 2005; and WHEREAS, Fred's interest in and commitment to the Town of Mamaroneck has been exemplified in his volunteer efforts and made him a citizen on whom we can count; and WHEREAS, The Town of Mamaroneck would like to honor and thank Fred Baron for his dedicated service to the Town of Mamaroneck; and NOW,THEREFORE, BE IT RESOLVED,that I, Nancy Seligson,Supervisor of the Town of Mamaroneck,and the Town Board members hereby congratulate and thank Fred Baron for his years of dedicated service to our community and extend best wishes for all his endeavors in the future. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 24`"day of July,2013. SUPERVISOR'S SUMMARY REPORT 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 Seligson reported on the recent sink hole on Weaver Street, noting with humor that these things always happen when Mr.Altieri goes on vacation. The Town fought hard to have the Weaver Street Bridge completed during summertime, but unfortunately the Department of Transportation has had to modify its completion date. Unfortunately the bridge was closed on June 3rd,with no actual work beginning until last week.The State has 9 bridges to repair in our area,it appears they are over extended.The new finish date is mid to late August. The Town will keep residents apprised if this should change. Supervisor Seligson advised the audience of the many meetings of Westchester Joint Water Works and the attempt by the County to access Shaft 22. There is resistance from Westchester Joint Water Works and concern that this would affect water pressure.The Westchester Joint Water Works has requested the County conduct a feasibility study and analysis.The Supervisor's Office is very busy with grant applications,a Transportation Enhancement Program Grant and a Consolidated Funding Application Grant.Supervisor Seligson hopes to have good news about these in the near future. Supervisor Seligson announced that the Town has been notified by the County Recycling Department that they will no longer accept plastic bags.Although in the past this has not been enforced,it will no longer be accepted. CITIZEN'S COMMENTS Mitch Green, representing the Howell Park Resident' addressed the Board. Mr.Green began by stating his intent is to begin a dialogue and partnership with the Town. Mr. Green distributed PowerPoint documents and an outline of six issues/topics they would like the Town to work on; 1. Howell Avenue Sewer Capacity &Flooding Problem,2. Central School Access Safety at Howell Ave&Weaver Street,3. Power Poles— dangerous conditions&increased risk of future power outages,4.Sidewalk Injury Liability&Maintenance along Howell Ave,5. Reduce rainwater run-off through sidewalk removal&collaborative tree planting. Mr.Green ask the Town to meet with them to further discuss this list and a framework for completing them. Supervisor Seligson thanked the residents of Howell Park saying it is always great to hear from residents. She thanked Mr.Green for such a professional working document highlighting the issues.Supervisor Seligson stated that some of the issues are more immediate and some are clearly long term.The Town is happy to begin a dialogue but noted that summer is difficult as there is only one meeting in July and August and the agenda is very full. She will speak with Mr.Altieri to review the list,and determine the timing for getting it on the agenda. George Roniger, representing the Larchmont Gardens'Civic Association (LGCA)addressed the Board. 3 July 24,2013 Mr. Roniger noted that residents are beginning to understand what is being accomplished at Gardens' Lake. He reported that recycling bins continue to been strewn around. The use of gas powered blowers is better this season, but still happening, noting that landscapers are getting smarter by moving quickly. Supervisor Seligson stated that letters have been sent to all registered landscapers in the Town and Village of Larchmont reminding them of this Law.With respect to the repair of the stone entrance arches to Larchmont Gardens' Mr.Altieri stated that Mr. Korn has met with the Town Engineer to review repair plans and it appears Mr. Korn will be using an outside contractor. The Town has asked that a permit be filed even though there will be no fees charged. PRESENTATION Town of Mamaroneck Fire Chief,Joe Russo and Deputy Chiefs Noah Goldberg and Paul Tortorella were present.Chief Russo gave a PowerPoint Presentation highlighting the Department's Activities for the Second Quarter of 2013. Supervisor Seligson asked Mr. Russo for his comments on the consideration of the Westchester County Mutual Aid Plan. Mr. Russo responded that he has already advised Mr.Altieri that the Department is not,at this time,in favor of approving the Mutual Aid Plan.As an overview,the Plan does not have any'meat',and additionally there is a question of liability,especially if participating Departments' do not have NYS Training. When asked about a possible down side to not signing,Chief Russo responded none,adding the Village of Mamaroneck has not signed previously,yet participates in the program. Councilman Odierna asked Chief Russo about the ongoing problem of house numbers being missing or not visible.Chief Russo responded that as the Code Enforcer for the Town the problem continues. He believes it can be addressed by having a uniform law for placement and size of numbers,adding that this would give the Town clearer rules for enforcement. PUBLIC HEARING — "Towing of Motor Vehicles" 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 June 26, 2013 a Public Hearing will be held on Wednesday,July 24,2013 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"Towing of Motor Vehicles" Law. Purpose: There has been a proliferation of unpaid parking tickets in the Town, amounting to thousands of dollars in unpaid fines. In addition, there constantly are motor vehicles which are parked illegally, some of which cause concern for public safety, e.g. parking near fire hydrants or parking so as to obstruct driveways. The Town Board finds that there needs to be a mechanism in place to combat this growing problem. The mechanism is to tow and impound such vehicles. This local law adds an article to the Code which provides for towing and impounding motor vehicles. The full text of this Amendment is stated below and can also 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 4 July 24,2013 Published: July 5,2013 On motion of 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. On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the Public Hearing was unanimously closed. On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,the following Local law was approved: Local Law No. 3 —2013 This local law shall be known as the"Towing of Motor Vehicles" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: There has been a proliferation of unpaid parking tickets in Town, amounting to thousands of dollars in unpaid fines. In addition, there constantly are motor vehicles which are parked illegally, some of which cause concern for public safety, e.g. parking near fire hydrants or parking so as to obstruct driveways. The Town Board finds that there needs to be a mechanism in place to combat this growing problem. That mechanism is to tow and impound such vehicles. This local law adds an article to the Code which provides for towing and impounding motor vehicles. Section 2—Repeal of a current article of the Mamaroneck Code: Article 1A of the Code of the Town of Mamaroneck hereby is repealed. Section 3—Addition of a new article of the Mamaroneck Code: The following article is added in its place: Article IV—Towing of Illegally Parked Vehicles Section 219-4. Applicability. A. In addition to any other penalties or fines imposed for the violation of any law, rule or regulation,the provisions of this chapter shall apply to: Vehicles which (1) either(i) violate any provision of any municipal, state or county ordinance, law, rule or regulation or (ii)have three or more outstanding and unpaid parking violations issued against them for parking violations that occurred within the unincorporated area of the Town and (2)are located: (1) on any property owned by, leased by or in the possession and control of the Town, or (11) on any public street, public highway or private road open to public travel, paved or unpaved, including the entire length and width of such streets, highways or roads, whether or not such area has been opened to travel,or (III) in any public parking lot,or (IV) in any parking area of an office building, office building complex, place of public assembly, shopping center, private apartment house complex, private condominium complex or cooperative apartment complex whose owner or the person in general charge of the operation and control of such area has made a written request to the Town pursuant to New York Vehicle and Traffic Law§ 1660-a. B. For the purpose of this article, "outstanding and unpaid parking violations" do not include parking tickets which, by their terms, are not yet required to be paid or parking tickets 5 July 24,2013 which are outstanding and unpaid because the owner or lessee of the motor vehicle has pleaded "Not Guilty"to such ticket and there has not yet been an adjudication of such ticket. Section 219-5. Removal of vehicles. A. A police officer is authorized to provide for the removal of any vehicle meeting the description contained in § 219-4 to an impound yard or garage maintained by a company or individual with which the Town has entered into a contract to tow, impound or store motor vehicles. B. If the removed vehicle is registered with the State of New York,the Police Department shall advise the owner of the place where the vehicle may be recovered and the conditions under which it will be released by sending a certified letter with such advice to the vehicle's registered owner or lessee, at the address shown for him, her or it on the records of the New York State Department of Motor Vehicles. Such letter shall be mailed no later than the first business day after a vehicle has been removed. If the removed vehicle is not registered with the State of New York, the Police Department shall use its best efforts to advise the owner of the place where the vehicle may be recovered and the conditions under which it will be released. The Police Department's failure to comply with this section shall not entitle the owner or the lessee to recover the removed vehicle without paying the amounts required to be paid pursuant to§219-7. Section 219-6. Identification required. No removed vehicle shall be released to anyone other than its registered owner, that owner's representative or the vehicle's lessee. Such person must establish his or her identity and in the case of a person other than the registered owner or lessee, must establish that he or she has the registered owner's or the vehicle's lessee's permission to take possession of such vehicle. No removed vehicle shall be released unless the person to whom it is released has signed a receipt therefor. Section 219-7. Amounts to be paid before the vehicle is released. Before a removed vehicle is released,the following items must be paid in full: A. All sums due to the Town for outstanding and unpaid parking violations that occurred within the unincorporated area of the Town,including penalties and interest,if any, B. The cost of towing and C. The cost of storage for each day or portion of a day that such vehicle is so stored. Section 219-8. Penalties. The owner or lessee of a vehicle removed pursuant to this article shall be liable for a fine of not more than $250. That fine shall be in addition to the amounts required to be paid pursuant to§219-7. Section 219-9.Contracts with towing companies. A. The Town Administrator is authorized to enter into contracts on behalf of the Town with one or more companies to tow,impound and store motor vehicles. B. Each such contract shall specify that the company performing the service shall charge the owner or the lessee of a motor vehicle a reasonable amount for towing, impounding and storing that motor vehicle. The Town shall not be liable to the company for payment of any fees whatsoever. It is not mandatory that such contracts provide for the company to pay a fee to the Town; however, at the Town Administrator's discretion, he/she may request proposals for such contracts that would require each company participating in the process to designate, either by a fixed sum or by a percentage of revenue collected,the amount that it would pay to the Town during the term of such contract. C. Each company which enters into a contract with the Town to tow, impound and store motor vehicles shall supply proof satisfactory to the Town Administrator that the company is insured against personal injury and for property damage in an amount per occurrence that is satisfactory to the Town Administrator and that it possesses all of the licenses required to tow, impound and store motor vehicles. Unless waived by the Town Administrator, each such insurance policy shall provide that the Town is an "additional insured" under that policy. On 6 July 24,2013 or before the expiration or termination date of any insurance policy or license which a company is required to maintain pursuant to this section, that company will supply the Town Administrator with proof that such insurance policy has been renewed or replaced by an insurance policy which is satisfactory to the Town Administrator and that such license(s) have been renewed. From time to time the Town Administrator may request each such company to produce proof that the required insurance policy and/or licenses are in full force and effect and that the Town is an "additional insured"on the insurance policy. D. Each company which enters into a contract with the Town to tow, impound and store motor vehicles shall act in accordance with all applicable laws, rules and regulations concerning the towing,impounding and storage of motor vehicles. Section 4—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye PUBLIC HEARING—"Waiver of Sign Requirement" 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 June 26, 2013 a Public Hearing will be held on Wednesday,July 24,2013 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"Waiver of Sign Requirement" Law. Purpose: It has been brought to the Town Board's attention that on occasion, the Board of Appeals has been unable to act upon an application because although the applicant attempted to comply with Chapter 144's requirements for posting a sign, the sign either falls down, is knocked down, is vandalized or is removed by someone other than the applicant or someone acting on his/her behalf.The Town Board finds that a hearing on an application should not be delayed if the failure to comply with this aspect of notification is not the applicant's fault. Accordingly, the Town Board hereby amends a section of Chapter 144 to allow a Board to waive the sign posting requirement if the applicant can show good cause for doing so. The full text of this Amendment is stated below and can also 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 7 July 24,2013 CHRISTINA BATTALIA TOWN CLERK Published: July 5,2013 On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. Donald Mazin addressed the Board stating that the Town may want to consider allowing applicants to place Notification Signs in windows,as Trader Joes'did with their zoning application. On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the Public Hearing was unanimously closed. On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was unanimously RESOLVED,that the Mamaroneck Town Board finds that the adoption of the proposed local law"Waiver of Sign Requirement" Law is hereby declared to be a Type II Action,with no impact under the New York State Environmental Quality Review Act(SEQRA)and requiring no further action. On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the following Local law was approved: Local Law No. 4 - 2013 This local law shall be known as the"Waiver of Sign Requirement" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: It has been brought to the Town Board's attention that on occasion, the Board of Appeals has been unable to act upon an application because although the applicant attempted to comply with Chapter 144's requirements for posting a sign,the sign either falls down, is knocked down, is vandalized or is removed by someone other than the applicant or someone acting on his/her behalf. The Town Board finds that a hearing on an application should not be delayed if the failure to comply with this aspect of notification is not the applicant's fault. Accordingly, the Town Board hereby amends a section of Chapter 144 to allow a Board to waive the sign posting requirement if the applicant can show good cause for doing so. Section 2—Amendment of a current section of the Mamaroneck Code: Section 144-5 A.of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: If the certificate of mailing is not filed on or before the last date permitted for such filing under § 144-3C or if the applicant does not comply with the provisions of § 144-4, the application will not be placed upon the agenda of the Board (or, if already placed upon the agenda, stricken therefrom). Notwithstanding,the requirements of§ 144-4, if the applicant places a sign at the time and in the manner required by§ 144-4 but the sign does not stand for the entire period required, the Board, if satisfied that the sign had stood for a sufficient period of time and that the applicant had taken all reasonable steps to restore the sign once the applicant had become aware that the sign was not standing, may act upon the application if the applicant can demonstrate to the Board's satisfaction that the failure to comply with § 144-4 was not the applicant's fault. In order to process an application that either was not placed upon an agenda or if placed, was stricken therefrom, the applicant must request the Director of Building Code Enforcement and Land Use Administration to place the application on the agenda of a future meeting of the Board. (In the case of a petition by the owner of the subject property for an amendment of a provision of Chapter 240 of the Code,that request shall be made of the Town Administrator. Section 3—Severability: 8 July 24,2013 Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law,which may be implemented without the invalid or unconstitutional provisions. Section 4—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner 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 Wittner,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 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 Fire boots for Shawn Bigam 335.00 AAA Emergency Supply Repairs to Scott Pak Voice Amplifier 45.00 AAA Emergency Supply Repairs to Vulcan Light 28.00 AAA Emergency Supply Two Akron 13/4 Nozzles 782.00 AAA Emergency Supply Calibration of Fit Test Machine 695.00 AAA Emergency Supply Fire Extinguisher Hydro and Recharge 30.00 Atlantic Westchester INC. 1st Semi-Annual Service contract 7/1-12/3/13 1,350.00 Shawn Bigam Sheets, Blankets&Pillow 122.46 Bound Tree Medical LLC EMS Supplies 89.34 Brewer Hardware Supplies for repairs to Electric Outlet 32.22 Brewer Hardware Misc supplies 12.65 Brewer Hardware Weed Killer 16.17 Cablevision Cable service 6/23-7/22/13 143.99 Con Edison Gas Charges 5/30-6/28/13 198.90 Chatsworth Cleaners Uniform alterations-Brian Jessemy 56.00 Dimuro Awards LLC Plaque for 60 Control 211.75 Foley Hardware Nuts,Screws, Hose,Solder and Connectors 30.78 G&K Services INC Mats and Rags for June 93.51 9 July 24,2013 Goosetown Communications Batteries,Charger and Antenna 440.90 Grainger Replacement Handles 37.92 Grainger Misc supplies& Mat for Work Bench 102.98 Michael Houghtaling Sheets and Blankets 134.97 IPROMOTEU Fire Safety Promotions-Red Fire Hat and Shield 541.96 Kaplan Continuing Education Online training for 2 additional FF's 170.00 Oakland Beach Deli Food for Bailout Drill 119.50 Oakland Beach Deli Food for Special Drill 336.00 Poland Spring Rent for Water Cooler&Dispenser 99.96 Proftech Toner and Binders 137.97 Ricoh Copier contract billing 6/22-7/21/13 204.35 Joseph Russo Replacement Case for Gas Meter 92.87 Senate Electronics, Inc. Keyless Entry System repair 175.00 United Communications Corp Minitor IV repair 220.26 Villa Maria Pizza Food for June 2013 Fast Drill 73.00 Verizon Wireless Wireless Service 5/24-6/23/13 223.45 Westech Elevator Maintenance for the month of June&July 2013 350.00 Westchester Joint Water Works Water charges 6/30-7/3/13 100.00 Total: 7,833.86 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 2. Consideration—Westchester County Mutual Aid Plan Deferred There being no further business to come before the Commission,on motion of Commissioner Katz, seconded by Commissioner Elkind Eney,the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Set Public Hearing-BR and SBR Zoning Amendments Supervisor Seligson stated that in continuation of the process for an Amendment to the Zoning for B and SB Zones,the Town will need to set a Public Hearing. The 45 days has passed that allowed the Planning Board time to review and comment on the Amendment. The Town Board has before them the recommendation from the Planning Board with respect to this Amendment.The Planning Board expressed unanimous support, but noted that issues relating to parking require further consideration. 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 a Zoning Amendment to allow residential uses in the Business and Service Business Zoning Districts,for September 18,2013 at 8:OOPM in the Court Room of the Town Center,and BE IT FURTHER, 10 July 24,2013 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-Extension of Ice Rink Equipment Maintenance Agreement On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,the following was approved WHEREAS,the existing contract with Eagle Air Systems for the maintenance of the Hommocks Park Ice Rink Heating,Ventilation and Air Conditioning Equipment,expires on July 31,2013, and WHEREAS,it is the recommendation of the Superintendent of Recreation to extend the Contract until May 1,2014 to coincide with the spring closure for renovations. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve the maintenance contract with Eagle Air Systems to provide four inspections at$1,722 per inspection and labor charges if necessary at$94.00 per hour,and BE IT FURTHER, RESOLVED,that the Town Administrator is hereby authorized to sign said Contract on behalf of the Town. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 3. Approval of Model Housing Ordinance Deferred 4. Approval 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: SNAK Realty 818, LLC 818 Fenimore Road Block: 206 Lot: 185 Town of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2011 $13,150 $1,150 $12,000 The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 11 July 24,2013 5. Salary Authorizations—Recreation On motion of Councilwoman Wittner,seconded by Councilwoman Katz,it was RESOLVED,that the Mamaroneck Town Board does hereby approve of the following salary authorizations as approved in the 2013 Town Budget as follows: ATTACHMENT A 6. Resolution-116 Premium Point On motion of Councilwoman Katz,seconded by Councilwoman Wittner,the following was approved WHEREAS,the unpaid real estate taxes on 116 Premium Point(Tax Map Designation: 5-10-100) due to the Town as of July 1,2013 are$3,122,530.78,of which $2,045,628.64 is tax and $1,076,902.14 is interest/penalties/other charges,and WHEREAS, 116 Premium Point(Tax Map Designation:5-10-100) ("Premises")is scheduled to be sold on July 26,2013 for$5,500,000,and WHEREAS,there are other liens encumbering the Premises held by Bleakley Platt&Schmidt LLP, by the late Sandra I. Price and by The Premium Point Company,and WHEREAS,the total of all of the liens exceed $5,500,000; hence title cannot close on Friday unless the lienors agree to reduce the amounts to which they are entitled,and WHEREAS,if the Town decided not to compromise its lien and were to foreclose its lien instead,it is likely that the Town would receive the full amount of the unpaid real estate taxes, interest/penalties/other charges then due but that payment would not be received for at least one year, possibly longer,and WHEREAS, based upon all of the foregoing and acting pursuant to Real Property Tax Law§ 1182,it is in the best interests of the Town of Mamaroneck to authorize the enforcing officer to permit a partial cancellation of the interest, penalties and other charges which the Town is entitled to receive from the taxes imposed upon the Premises. NOW,THEREFORE, BE IT RESOLVED,that the enforcing officer is permitted and hereby is directed to accept 95%of the unpaid real estate taxes,interest and penalties imposed upon the Premises due at the time that payment is tendered in full satisfaction of the unpaid real estate taxes,interest and penalties imposed upon the Premises; provided there is supplied to the Attorney for the Town proof that each of the other lienors have made a like(or greater)concession with respect to their liens,and BE IT FURTHER RESOLVED that the authorization granted to the enforcing officer shall expire on September 1, 2013,and BE IT FURTHER RESOLVED,that this is a unique situation since in exchange for an estimated reduction of approximately$156,000,the Town should receive within the next week almost$3,000,000 that will be added to the Town's surplus,and BE IT FURTHER RESOLVED,that because this situation is unique,the Town Board does not consider its action in this matter to be setting a precedent for dealing with other properties that are delinquent in payment of their real estate taxes. 12 July 24,2013 The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 7. Change September Meeting Dates On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby approve cancelling the September 4 Town Board Meeting and rescheduling it for September 25, 2013. APPROVAL OF MINUTES On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby approve the Board Minutes from the Meeting of June 26,2013. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Odierna attended the LMC-TV Board of Control Meeting at which they continue their discussion and analysis of a potential new location at the Fire House on Mamaroneck Avenue. Councilman Odierna reported that the Town Board held a Special Meeting on July 2nd to discuss and then approved the hiring of three Police Officers. Councilwoman Wittner attended the Coastal Zone Management Commission Meeting at which they continue to review the current Storm Water Management Law and policies.There will be more discussion to follow with recommendations for an update to the Law. Councilwoman Wittner congratulated Robert Herbst for winning his 18 straight weight lifting award. Supervisor Seligson reported on her attendance at the Town Village School(TVS) Meeting at which there has been much discussion regarding the construction at the Murray Avenue,Chatsworth Avenue and Rye Neck Schools. Councilwoman Katz,as did her fellow Councilmembers, marched in the 4`"of July Firemens' Parade.A huge Parade that was very fun.She has been enjoying the Memorial Concerts, noting that one had to be rescheduled due to weather. Noam Bramson held a Town Hall Meeting at the Town Center Court Room on July 22nd,adding that there was quite a large gathering.As for her liaison appointments she has been away,so Councilwoman Elkind Eney attended and will report. 13 July 24,2013 Councilwoman Elkind Eney noted her attendance at the 4`"of July Firemens' Parade,adding it is always a great celebration that is fun and wholesome.Councilwoman Elkind Eney attended the Planning Board Meeting at which they approved the Howell Park sub-division.Councilwoman Elkind Eney noted a number of July 4`"events she attended: Flint Park, Larchmont 4th of July Games and Blessing of the Fleet in Harbor Island. Memorial Park Concerts. Councilwoman Wittner added that the Howell Park sub-division was a complicated application. Councilwoman Elkind Eney continued noting her attendance at the Human Rights Committee Meeting where they are gearing up already for the Martin Luther King,Jr.event. Councilwoman Elkind Eney noted the very nice fundraiser for SHORE/I CARE at which they honored our Local Summit group as well as Bill Carter,adding Mr.Carter had a powerful story of his journey from homelessness. . ADJOURNMENT On motion of Councilwoman Wittner,seconded by Councilwoman Katz the meeting was unanimously adjourned at 9:50 PM Submitted by Christina Battalia,Town Clerk 14