HomeMy WebLinkAbout2012_05_16 Town Board Minutes May 16,2012
TOWN OF MAMARONECK
TOWN BOARD AGENDA
WEDNESDAY MAY 16,2012
THE TOWN BOARD WILL CONVENE—at 5:00 PM, In Conference Room A to discuss:
1. Meeting with Community Services Department
2. Meeting with Fire Department—Building Code
3. LMC-TV—Use of Town Center Building
4. Update—Rye Town Dissolution Study
5. Discussion—Strategic Planning Process
6. New Business
REQUEST FOR EXECUTIVE SESSION—to discuss current Litigation re;
Town of Mamaroneck v. Ettinger,and Certiorari
8:OOPM CALL TO ORDER—Identification of Fire Exits
SUPERVISOR'S SUMMARY REPORT
CITIZEN'S COMMENTS
PUBLIC HEARINGS— 1. Parking Restriction—Palmer Avenue
2. Overnight Parking—Preston Street
BOARD OF FIRE COMMISSIONERS
1. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Appointment—Traffic Committee
2. Authorization—Lease Amendment—Southeast Consortium
3. Authorization—Easement/License Agreement—6 Homer Avenue
4. Appeal of Tree Commission Decision—Country Club Drive
5. Authorization—Transfer of Funds—Tree Fund
6. Authorization—Amend Capital Project#2011-04 Road Sidewalks&Curb Improvement
7. Report of Bids—TA-12-05 Resurfacing of Various Roads
8. Salary Authorization—Community Services
Recreation
9. Approval of Certiorari
10. Authorization—Appeal from the Judgment of the Westchester County Supreme Court
APPROVAL OF MINUTES— April 18,2012 and May 2,2012
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETINGS— JUNE 6,2012
JUNE 20,2012
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May 16,2012
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON MAY 16,2012, BEGINNING AT S:OOPM IN
CONFERENCE ROOM A AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE
TOWN,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 Elkind Eney,the Work Session was
unanimously opened at S:OOPM.
Meeting with Community Services Department
Additionally present:Anna Danoy, Director of Community Services
Ms. Danoy distributed a brochure outlining the Community Services Department and services. Also
distributed was an outline of the Housing Voucher Program, as well as a Departmental Reporting Structure
for Community Services and the Housing Program. Ms. Danoy began with an overview of the consolidation
of the Town and Village of Mamaroneck Community Services Programs in 2008. With the consolidation of
the Section 8 Program, the Town now has 647 vouchers and is providing support services to 535 families
within the Housing Program. The Housing Program is responsible for six million dollars in rent subsidies
paid directly to landlords. The Housing Program is federally funded with $519,000 coming directly from the
Federal Government. Ms. Danoy touched briefly on some of the issues she and her Department handle.
Ms. Danoy discussed the Senior Citizen Program and how much this has grown over the last few years,
partly through the consolidation and partly due to their incredible staff. The activities are varied and
extensive. Ms. Danoy explained her staffing and reporting structure.
Meeting with Fire Department—Building Code
Additionally present: Ron Carpaneto, Director of Land Use Administration,Joe Russo, Deputy Fire Chief and
Code Enforcement Officer and Noah Goldberg, Deputy Fire Chief.
The three gentlemen were present, to discuss with the Town Board issues of Fire Safety with respect to
Building Codes. With the recent death of Police Captain Thomas Sullivan, the Town is acutely aware of
hazards with newer construction. Councilman Odierna has also brought to the Town's attention fire
hazards involving truss roof construction. The Board discussed specific truss roof structures within the
Town and was reassured by the Fire Department representatives that the Fire Department is well aware of
these commercial structures and is trained to deal with them. With respect to residential truss
construction, although there are very few of this type in the Town, the Fire Department and the Building
Department are not entirely aware of which homes these are. Mr. Russo explained the hazards involved in
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May 16,2012
new construction, adding these new designs and materials are structurally sound but highly flammable.
The Board discussed whether amendments to the Town's Building Code should be addressed, specifically
whether sprinkler systems should be required for any new construction or for additions that cover more
than fifty percent of the current structure. Mr. Carpaneto and Mr. Russo both felt strongly that Sprinklers
save lives and structures and they should be required for new construction. Mr. Carpaneto stated that in
moving forward, the Town should identify the different types of residential construction within the Town,
specifically truss construction and should move to require sprinkler systems in new construction. Mr.
Carpaneto added that although builders like to tell you otherwise, installing sprinklers in new construction
is easy and not that expensive. Mr. Maker stated that he would recommend working with Mr. Carpaneto
and Mr. Russo on Building Code Amendments.
LMC-TV—Use of Town Center Building
Additionally present: Eric Lewis, Executive Director of LMC-TV and Lenny Verrastro, Chair of the LMC-TV
Board of Directors
Supervisor Seligson explained that the discussion for this evening involves LMC-TV and its proposed
expansion on the third floor of the Town Center. LMC-TV has identified additional space that they would
like to lease on a long term basis from the Town. Mr. Lewis began by explaining that LMC-TV has been
actively seeking space within the Town where their operations could be consolidated. Currently LMC-TV
has three locations, making it difficult from a management standpoint, as well as for servicing the
Community. Mr. Lewis spoke of the benefits in having a central location. Mr. Lewis stated that LMC-TV
would like a lease agreement through 2023, adding that would go along with the Franchise Agreement that
is now in effect. Mr. Lewis noted that there is sufficient Capital that could be used to modify the space on
the third floor, as well as retrofitting other public spaces within the Town Center i.e.; Conference Rooms A,
B, C and D. Mr. Lewis addressed what he thought were other benefits to LMC-TV and to the Town for
consolidating its operations at the Town Center. The Board stated that they will do a cost analysis and
determine it if would be beneficial from a financial stand point for such an arrangement.
New Business
Supervisor Seligson reported on the Library renovations, adding that there are new concerns about the
windows, specifically the discovery of green mold. Although green mold is not nearly as alarming as black
mold, it will need to be addressed. After extensive analysis it has been determined that the Town/Village
breakdown for Library Cards is in fact correct at 58%Town and 42%Village. Supervisor Seligson also noted
that Sanitation percentages would be analyzed..
The Board noted potential resumes for the Board of Assessment Review and the Traffic Committee.
On motion of Councilwoman Wittner, seconded by Supervisor Seligson, and carried (4-1) the Town Board
entered into an Executive Session to discuss potential appointments to the Board of Assessment Review,
the Traffic Committee, the Zoning Board of Appeals and the Planning Board (Councilman Odierna voted in
the negative)
EXECUTIVE SESSION
Discussion of Appointments to:
Board of Assessment Review
Traffic Committee
Zoning Board of Appeals
Planning Board
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May 16,2012
On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, the Town Board unanimously
agreed to re enter Work Session.
Update—Rye Town Dissolution Study
Mr.Altieri prepared a report for the Town Board with respect to the Town of Rye Dissolution Study.
Mr. Altieri stated that a grant was received to evaluate the impact of the dissolution of the Town of Rye
and alternative governmental structures that would result from the dissolution. Mr. Altieri's report
analyzed the alternatives and their effects on the Town of Mamaroneck. Specifically, Mr. Altieri's report
broke down the effects for each Town Department. The Town Board noted that at this point,the Town still
awaits decisions from other municipalities; effectively the Town is in a holding pattern until additional
phases of the dissolution study are completed.
Discussion—Strategic Planning Process
Additionally present: David Fishman,former Town Councilman
Supervisor Seligson noted she and Mr. Fishman recently had a discussion involving his recent experience
with focus groups.Supervisor Seligson thought it might be beneficial to share that experience with the
Town Board.
Mr. Fishman stated that he is currently working with Maxim Magazine who just completed national focus
groups. Mr. Fishman explained the process that the magazine went through in conducting the focus groups
and how beneficial it was to the company. Mr. Fishman stated that the magazine found the information
generated from the focus groups to be invaluable,adding the key is in finding a great moderator.
The Board discussed some of the details of running focus groups.The Board thanked Mr. Fishman for taking
the time to share his experience with the Board.
New Business
Supervisor Seligson noted that she received correspondence from a men's group that plays a 'pick-up'
football game each Sunday morning at Memorial Park. It appears the planting of the tree in memory of
Robert Delvecchio is in a very awkward place with respect to utilizing the field. The group is hoping that
the tree might be relocated slightly. Mr.Altieri did discuss this with the Highway Department and it
appears they are open to the tree being relocated.
(CONTINUATION)
Update—Rye Town Dissolution Study
The Board thanked Mr. Altieri for an excellent memo on the subject. The Board agreed that no further
discussion at this time was warranted and that Mr. Altieri will keep the Board apprised of any
developments.
Discussion—Strategic Planning Process
Supervisor Seligson stated that this item should be put on the next Work Session. Supervisor Seligson
stated that she and Mr. Altieri have spoken with Betty DiMaria, the creator of a small Management
Consulting firm, ARAS, that is doing strategic planning. Mr. Altieri has worked with Ms. DiMaria through
PERMA and highly recommends her. Supervisor Seligson noted that this could be a less expensive way to
generate some valuable information for future planning. Supervisor Seligson stated that the Board could
look at this against the focus groups and possibly chose one, adding she feels either would be very
beneficial.
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May 16,2012
On motion of Supervisor Seligson, seconded by Councilwoman Wittner, and carried (4-1) the Town Board
entered into an Executive Session to discuss a Police matter that if disclosed will imperil public safety.
(Councilman Odierna voted in the negative)
EXECUTIVE SESSION
Matter which will imperil the public safety if disclosed.
On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, the Town Board unanimously
agreed to close the Executive Session.
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Supervisor Seligson at
8:35 PM, she then pointed out the location of the exits.
SUPERVISOR'S SUMMARY REPORT
Supervisor Seligson apologized for the Town Board being late. Supervisor Seligson noted that the Board
met with Anna Danoy, Director of Community Services,as well as representatives from the Fire
Department and the Building Department regarding building codes and fire safety.
CITIZEN'S COMMENTS
Irving Scharf,of 334 Richbell Road addressed the Board. Mr. Scharf stated that he feels any affordable
housing should be restricted to 24 units,so as not to inundate any one area. Mr.Scharf also feels a
mentoring service or program should be part of any affordable housing project.Considerations should also
be made for Veteran Housing.
George Roniger, Larchmont Gardens'Civic Association,addressed the Board. Mr. Roniger thanked
Supervisor Seligson for addressing residents at the Larchmont Gardens'Civic Association's Annual Meeting,
adding it was a very good Q&A. Mr. Roniger noted the catch basin at the Gardens' Lake as being in need of
cleaning.As for the plantings around the lake,they seem to be taking but there are spots that might need
some grass seed.
PUBLIC HEARING — No Parking Regulation on the West Side of Palmer Avenue.
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 April 18,2012 a
Public Hearing will be held on Wednesday, May 16,2012 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 a No Parking Regulation on the West Side of Palmer Avenue.
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May 16,2012
Purpose:
On the east Side of Palmer Avenue parking is prohibited on Thursdays between 9:OOAM and
12:OOPM for street cleaning and to inhibit the permanent storage of vehicles. It is the
recommendation of the Traffic Committee that parking be prohibited on the west side of Palmer
Avenue between 9:OOAM and 12:OOPM Tuesdays for the same reasons as it is prohibited on the
east side on Thursdays.
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: May 1,2012
On motion of Councilwoman Wittner,seconded by Councilman Odierna,the Public Hearing was
unanimously opened.
Mr. Maker explained the purpose of the Law,than Supervisor Seligson asked if anyone wished to comment
on the proposed Local Law.
On motion of Councilman Odierna,seconded by Councilwoman Wittner,the Public Hearing was
unanimously closed.
On motion of Councilwoman Wittner,seconded by Councilwoman Katz,it was unanimously
RESOLVED,that the Mamaroneck Town Board finds that the adoption of the proposed
local law" Restriction on Parking on a Section of Palmer Avenue" 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 Katz,the following Local Law was
approved:
Local Law No. 5 -2012
This Local Law shall be known as the"Restriction on Parking on a Section of Palmer Avenue" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
On the east side of Palmer Avenue near the Larchmont Acres apartments, parking is prohibited on
Thursdays between 9:OOAM and noon. The purpose for that restriction is twofold. First, it prevents
the long term storage of motor vehicles. Second, it allows the Highway Department to schedule
street sweeping for this section of Palmer Avenue. The unintended by-product of the regulation is
to allow for the long term storage of motor vehicles on the west side of Palmer Avenue across from
the Larchmont Acres apartments which also means that this section of the roadway cannot be swept
properly. The Town Board finds that this situation needs to be remedied by imposing a restriction
on the west side of Palmer Avenue between Richbell Road and Blossom Terrace that is similar to the
one currently imposed upon the east of Palmer Avenue near the Larchmont Acres apartments.
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May 16,2012
Section 2—Regulation of Parking on a section of Palmer Avenue:
No motor vehicle shall be parked on that section of the west side of Palmer Avenue which lies
between the intersection of Richbell Road and Palmer Avenue and the intersection of Blossom
Terrace and Palmer Avenue between the hours of 9:00 AM and noon (prevailing time) on Tuesdays
of each week. This law shall not apply on holidays.
Section 3—Sign(s)to be Erected and Painting to be Done:
An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on
the surface of Palmer Avenue indicating where and when parking is prohibited by this law.
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 — Lifting of Parking Restrictions on Preston Street
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 April 18,2012,a
Public Hearing will be held on Wednesday, May 16,2012 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 Overnight Parking between 3:OOAM and 6:OOAM on the north side of Preston Street.
Purpose:
It is the recommendation of the Traffic Committee that due to hardship experienced by residents of
Preston Street that overnight parking be allowed.
The full text of this Law 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: May 1,2012
On motion of Councilwoman Wittner,seconded by Councilman Odierna,the Public Hearing was
unanimously opened.
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May 16,2012
Mr. Maker explained the purpose of the law,then 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 Councilwoman Wittner,seconded by Councilman Odierna,it was unanimously
RESOLVED,that the Mamaroneck Town Board finds that the adoption of the proposed
local law"Lifting of Parking Restrictions on Preston Street" 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 Katz,seconded by Councilwoman Wittner,the following Local law was
approved:
Local Law No. 6 -2012
This Local Law shall be known as the"Lifting of Parking Restrictions on Preston Street" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
82 Myrtle Boulevard is one of the few homes in the Town which has no available space for off-
street parking. Prior to the repaving of Myrtle Boulevard in 2011,tenants at 82 Myrtle Boulevard were able
to park overnight along Myrtle Boulevard. The repaving has eliminated the areas available for parking.
Preston Street which runs near 82 Myrtle Boulevard is a short street with only three driveways. It
has ample room for overnight parking. The Town Board finds that the unique circumstances here --- the
elimination of a parking area due road resurfacing; the lack of room on 82 Myrtle Boulevard to create off-
street parking and the availability of Preston Street--- makes Preston Street a candidate for eliminating the
general Town restriction on overnight on-street parking.
Section 2—Elimination of Overnight Parking Restrictions on Preston Street:
Motor vehicles may park on Preston Street between the hours of 3:OOAM and 6:00 AM on any day
of the year.
Section 3—Sign(s)to be Erected and Painting to be Done:
An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on
the surface of Preston Street indicating where and when parking is prohibited by this law.
Section 3—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 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
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May 16,2012
BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Seligson,and then on motion of Commissioner Wittner,
seconded by Commissioner Odierna,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 Department Business
Commissioner Wittner read the Fire Report for the Month of April as submitted by Chief Collins as follows:
April 2012
ALARM TYPE NUMBER
Generals 20
Minors 27
Stills 4
Out of Town (Mutual Aid) 3
EMS 14
Drills 12
TOTAL 80
Total number of personnel responding: 995
Total time working: 39 hours and 07 minutes
Commissioner Wittner noted that Fire Council met on April 7. The Fire Council discussed the plan for the
confined space training,adding that training will take place with the Highway Department. The
Department will be paying for the web-site until next year when it will become a budgeted item.
Commissioner Wittner emphasized that under New York State Law, residents are required to have their
house numbers visible. In the event of a fire or another emergency,it is extremely important to have these
numbers visible. Councilwoman Wittner emphasized that residents' need to be compliant.
The Fire Department is currently working on incident rehabilitation for on-site care for Fire Fighters.
Finally,Councilwoman Wittner noted that a joint Department drill will take place with the Village of
Larchmont on June 23.
There being no further business to come before the Commission,on motion of Commissioner Elkind Eney,
seconded by Commissioner Katz,the Commission unanimously adjourned and the Town Board reconvened.
AFFAIRS OF THE TOWN
Taken Out of order
4. Appeal of Tree Commission Decision—Country Club Drive
Supervisor Seligson explained that Mr.and Mrs. Faust are present this evening to speak with the Town
Board on appealing the decision of the Tree Commission.
Mr.and Mrs. Faust addressed the Board emphasizing the serious safety hazard this tree causes. Mr. Faust
and his wife are both senior citizens,adding that his wife has fallen and injured herself on a number of
occasions.The Faust's are more than willing to plant an alternative tree to replace this one.
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May 16,2012
The Town Board stated that although the application for the tree removal did not meet the criteria,it was
warranted based on its serious hazard to the homeowners'.
On motion of Supervisor Seligson,seconded by Councilwoman Elkind Eney,it was
RESOLVED,that the Mamaroneck Town Board does hereby grant approval of
the appeal for the removal of the sweet gum tree on the property of 4 Country
Club Drive on condition that the tree be replaced with an appropriate three
inch in diameter and four foot at chest height tree replacement with the
consult of the Town's Environmental Planner.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
1. Appointment(s)—Traffic Committee and Board of Assessment Review
On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,it was unanimously
RESOLVED,that Linnet R.Tse be appointed to the position of
Member C of the Town of Mamaroneck Traffic Committee,and
BE IT FURTHER
RESOLVED,that the foregoing appointment shall be effective immediately
upon the appointee taking and subscribing the oath mandated by section
25 of the New York Town Law and shall expire on December 31, 2013.
On motion of Supervisor Seligson,seconded by Councilwoman Wittner,it was unanimously
RESOLVED,that Kaitlan Cantwell be appointed to the position of
Member B of the Town of Mamaroneck Board of Assessment Review,and
BE IT FURTHER
RESOLVED,that the foregoing appointment shall be effective immediately
upon the appointee taking and subscribing the oath mandated by section
25 of the New York Town Law and shall expire on September 30,2014.
On motion of Supervisor Seligson,seconded by Councilwoman Wittner,it was unanimously
RESOLVED,that Daniel H. Link be appointed to the position of
Member C of the Town of Mamaroneck Board of Assessment Review,and
BE IT FURTHER
RESOLVED,that the foregoing appointment shall be effective immediately
upon the appointee taking and subscribing the oath mandated by section
25 of the New York Town Law and shall expire on September 30,2015.
2. Authorization—Lease Amendment—Southeast Consortium
On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,it was
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May 16,2012
RESOLVED,that the Mamaroneck Town Board does hereby approve the
Amendment and Lease Extension between the Town of Mamaroneck and
South East Consortium for Special Services Inc.,at the following terms:
Term of lease—Five Years May 1,2012—April 30, 2017
Rent- Year 1$24,400
Year 2$25,010
Year 3$25,650
Year 4$26,680
Year 5$27,750
and
BE IT, FURTHER
RESOLVED,that the Town Administrator is hereby authorized to execute said
agreement 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. Authorization—Easement/License Agreement—6 Homer Avenue
Mr. Maker explained that the Town has been engaged in litigation with 6 Homer Avenue, regarding the
legality of a storm water sewer pipe that traverses their property. The parties have agreed to a license
agreement and an easement agreement. Mr. Maker noted some of the details and terms of the
agreements.
On motion of Councilman Odierna,seconded by Councilwoman Wittner,it was unanimously
RESOLVED,that the Mamaroneck Town Board finds that the approval of the license
agreement and easement agreement between Craig and Jessica Ettinger,the
homeowners of 6 Homer Avenue and the Town of Mamaroneck 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 Elkind Eney,seconded by Councilwoman Katz,it was
RESOLVED,that the Mamaroneck Town Board does hereby approve the
License Agreement and the Easement Agreement,including all ancillary
documents required by the County Clerk, between the Town of Mamaroneck
and Craig and Jessica Ettinger of 6 Homer Avenue,and
BE IT, FURTHER
RESOLVED,that the Town Administrator is hereby authorized to execute said
documents on behalf of the Town.
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May 16,2012
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
5. Authorization—Transfer of Funds—Tree Fund
On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,it was
RESOLVED,that the Mamaroneck Town Board does hereby authorize the
following transfer as recommended by the Town Comptroller as follows:
BUDGET AMENDMENT-TRANSFER FROM TRUST FUND TO GENERAL FUND
5/16/2012 TOWN BOARD MEETING
GENERAL TOWN WIDE FUND(FUND A):
INCREASE BUDGET:
A.0000.5041 TRANSFERS FROM TRUST FUND $ 620.00
A.8510.4178 PLANTS/TREES/MOSQUITO CONTROL $ 620.00
* (REPRESENTS USE OF TREE PLANTING FUND DONATIONS
FOR PURCHASE OF A DEDICATION TREE FOR BOBBY DELVECHIO AT MEMORIAL
PARK)
* TRUST A/C#T.0000.0097(TREE PLANTING FUND) $ (620.00)
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
6. Authorization—Amend Capital Project#2011-04 Road Sidewalks&Curb Improvement
On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,it was
RESOLVED,that the Mamaroneck Town Board does hereby authorize the
amendment to the Capital project&Budget—Roads,Sidewalk Resurfacing&
Curb Improvements as detailed by the Town Comptroller as follows:
CAPITAL PROJECTS FUND(FUND ft
AMEND BUDGET:
EXP H.5110.0400.2011.04 ROADS,SIDEWALKS&CURB IMPROVEMENTS $ 75,000.00
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May 16,2012
REV H.0000.5033.2011.04 TRANSFER FROM HIGHWAY FUND(CHIPS) $ 65,000.00 A
REV H.0000.2770.2011.04 MISCELLANEOUS(LOCAL SOURCE-WALGREENS) $ 10,000.00 B
(CAPITAL PROJECT#2011-04)
(Increase project budget with**$65,000 from NYS Capital Highway Improvement Program funds(CHIPS)&
increase project budget with$10,000 from Walgreens contribution.
** CHIPS funds have been appropriated in Adopted 2012 Highway Fund operating budget.
Original Capital Project Budget: $ 572,000.00
Funding source:
SERIAL BONDS DATED 101112010 $507,000.00
TRANSFER FROM HWY-CHIPS FY2011 $ 65,000.00
TRANSFER FROM HWY-CHIPS FY2012 $ 65,000.00 A
MISC. -WALGREENS $ 10,000.00 B
Revised Capital Project Budget as amended on 5/16/12: $ 647,000.00
Expended as of 5/16/12: $ 532,467.02
Adjusted Project balance as of 5/16/12: $ 114,532.98
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
7. Report of Bids—TA-12-05 Resurfacing of Various Roads
The following Report of Bids is entered into the record as follows:
Attachment A
On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,the following was approved,
WHEREAS,on May 8,2012 the Town publicly opened and read four bids for Contract
TA-12-05 Road Resurfacing.
NOW,THEREFORE BE IT
RESOLVED,that the Mamaroneck Town Board does hereby award Contract
TA-12-05 Road Resurfacing to the lowest responsible bidder, Petrillo Contracting of
Mt Vernon,in the amount of$115,054.00, and
BE IT, FURTHER
RESOLVED,that the Town Administrator is hereby authorized to execute said
agreement 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
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May 16,2012
8. Salary Authorization
Community Services
On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was
RESOLVED,that the Mamaroneck Town Board does hereby approve
the salary increase for Carmen Medina,a part-time receptionist/clerk in the
Community Services Department from$15.25 to$16.25 per hour,effective
May 17,2012.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
Recreation
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,it was
RESOLVED,that as provided for in the 2012 Town Budget the Mamaroneck Town
Board does hereby authorize the payment of salary to the following:
Hommocks Pool—Retroactive April 30,2012—Continuous
Sarah Monaghan Lifeguard $10.50/hr
Early Morning Swim $27/session
Courtney Febus Lifeguard $9/hr
Melanie Kilgallon Early Morning Swim $25/session
Elizabeth Koenig Manager $16/hr
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
9. Approval of Certiorari
On the motion of Councilman Odierna,seconded by Councilwoman Wittner,it was
RESOLVED,that the Town Board hereby authorizes the settlement of the
following tax certiorari on the following terms:
Kaylo Realty, LLC and Coughlin Realty Corp.
178 Myrtle Boulevard
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May 16,2012
Larchmont, NY 10538
Block: 133 Lots: 627.1 and 627.2
Town of Mamaroneck
Block: 133 Lot: 627.1
Year Assessment Amount of Reduction Reduced Assessment
2008 $35,000 $13,130 $21,870
2009 $35,000 $15,920 $19,080
2010 $35,000 $13,968 $21,032
2011 $35,000 $13,380 $21,620
Block: 133 Lot: 627.2
Year Assessment Amount of Reduction Reduced Assessment
2008 $35,000 $13,130 $21,870
2009 $35,000 $15,920 $19,080
2010 $35,000 $13,968 $21,032
2011 $35,000 $13,380 $21,620
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
On the motion of Councilman Odierna,seconded by Councilwoman Wittner,it was
RESOLVED,that the Town Board hereby authorizes the settlement of the
following tax certiorari on the following terms:
Shi Realty Corp.
2071-79 Boston Post Road
Larchmont, NY 10538
Block: 705 Lot: 307
Town of Mamaroneck/Village of Larchmont
Year Assessment Amount of Reduction Reduced Assessment
2008 $47,000 $19,460 $27,540
2009 $47,000 $23,150 $23,850
2010 $47,000 $22,835 $24,165
2011 $47,000 $23,080 $23,920
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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May 16,2012
10. Authorization—Appeal from the Judgment of the Westchester County Supreme Court
On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was
RESOLVED,that the Town Board hereby authorizes and directs the attorney for the
Town to file a notice of appeal from the judgment of the Westchester County Supreme
Court entered in the case entitled Joel Friedberg Trustee a/k/a Joel Friedberg, Plaintiff,
versus Metaglo, Inc.et al., Defendants(index number 5678/11)and to prosecute such
appeal before the Appellate Division,Second Judicial Department.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
APPROVAL OF MINUTES—April 18, 2012 and May 2,2012
On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was
unanimously
RESOLVED,that the Mamaroneck Town Board does hereby approve the Board
Minutes from the meetings of April 18,2012 and May 2,2012.
WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
Councilman Odierna attended the Summit Meeting,at which they discussed the new Federal requirements
regarding emigrant status. Councilman Odierna noted that these new regulations will affect a lot of
people,adding it was a well attended informative meeting. Councilman Odierna recently visited Cape Cod
where he paid a visit to the Provincetown Town Clerk.Councilman Odierna noted how beneficial it is to
speak with other municipalities and discuss the issues they are dealing with.
Councilwoman Wittner noted that aside from the Fire Council on which she already reported, Long Island
Sound Watershed Intermunicipal Council and Coastal Zone Management Commission,will meet at the end
of the month. Councilwoman Wittner announced that on May 19,the Mamaroneck Library will be hosting
an e-cycling event at which residents can properly dispose of their unwanted electronic equipment.
Mr.Altieri interjected,stating that residents can always bring this equipment to the Maxwell Avenue Yard
for disposal as well.
Supervisor Seligson attended the Washingtonville Housing Alliance's Award Dinner, noting another
wonderful event held at the Hampshire County Club.Joe Germano was honored for his lifetime of
citizenship,as was Bill Crawford, Pastor of the Larchmont Avenue Church. State Senator Suzi Oppenheimer
was also honored.Supervisor Seligson noted her attendance at last week's Meeting of the Westchester
Joint Water Works. Supervisor Seligson stated she was glad to address the community at the recent
Larchmont Gardens'Civic Association's Annual Meeting. Supervisor Seligson stated she recently met with
the new Director of the Library, Laura Eckley and the Chair of the Library Board, Pamela Tillinghast
Dubitsky.
Councilwoman Katz attended the Planning Board Meeting last week,at which they continue to discuss the
application of Trader Joe's. The Planning Board is requesting that Trader Jo's complete a traffic study.
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May 16,2012
The Traffic Committee did not meet this month;therefore there is nothing to report.Councilwoman Katz
thanked Supervisor Seligson for speaking at the Larchmont Gardens'Civic Association's Annual Meeting.
Councilwoman Katz announced the various Memorial Day events taking place throughout the Town.
Councilwoman Elkind Eney attended the Library Board Meeting,adding the Library continues its work on
the facade and has begun restoration of the two murals inside the Library. Councilwoman Elkind Eney
attended the Recreation Commission Meeting, noting that registration for summer camp is taking place;
the pool will open on June 16.Councilwoman Elkind Eney announced that Bob Greason,the House League
Hockey Coach, received a special award from the Westchester County Parks Association; congratulations to
Bob. Councilwoman Elkind Eney noted that she and Supervisor Seligson attended the Commissioning of
the Coast Guard Auxiliary.
Supervisor Seligson added that the Coast Guard Auxiliary is a wonderful organization filled with volunteers
who are incredibly knowledgeable about the Long Island Sound and will be a wonderful resource.
ADJOURNMENT
On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the meeting was
unanimously adjourned at 10:00 PM
Submitted by
Christina Battalia,Town Clerk
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