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HomeMy WebLinkAbout2015_08_20 Town Board Minutes August 20, 2015 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON AUGUST 20, 2015, 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 Katz, seconded by Councilwoman Elkind Eney, the Work Session was unanimously opened at 5:00PM. TAKEN OUT OF ORDER Pryer Manor Signage Plan The Town Board reviewed the final signage plan prepared and submitted by the Pryer Manor Association. The Board discussed the signs that are located in the Town and of which they have approval over. The Town would like sign #4 to only state ‘Private Road’ and that the words no thru traffic be removed, adding that the ‘no thru traffic’ would have to be on signage within the private road and not on the Town owned section. Mr. Altieri will relay this to the Pryer Manor Association. Land Use Training Policy Supervisor Seligson reminded the Board that they previously received paper work on this, but the Board did not have a chance to discuss. Supervisor Seligson stated that the State requires that each member receive four hours of training each year, adding that the Town can have its own plan. The Board discussed a number of scenarios and settled on requiring that new members attend four hours of training during their first eighteen months, subsequent years and standing members must attend two hours of training a year, and finally, the Town will offer a thirteenth annual meeting which would be a training meeting and could fulfill option two. The concept for this thirteenth meeting would be that that Town Attorney and Land Use Attorney would present the seminar for all Land Use Board members to attend. The Town Attorney will put a draft policy together for review at the next meeting. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Board unanimously agreed to enter into an Executive Session to discuss the employment history of a particular employee and potential litigation. EXECUTIVE SESSION Employment History of a Particular Employee and Potential Litigation. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the Board unanimously agreed to resume the Regular Meeting. TAKEN OUT OF ORDER 1 August 20, 2015 Update – Sewer System Evaluation Study – Sewer Laterals The Town Board reviewed a memo from Mr. Altieri dated August 12, in which he reports that three of the municipalities (Town of Mamaroneck, City of New Rochelle and the Village of Larchmont) have approved the agreement with the County of Westchester. Mr. Altieri stated that the issue is how to address the sewer lateral lines, adding as a reminder a local law addressing this needs to be in place by January 1, 2016. The Board discussed various ‘triggers’ that would require the lateral lines be videoed, and Mr. Altieri discussed a grant option of videoing en mass; in this option the Town would take on the cost of videoing but the homeowner would agree to do the repairs. Mr. Altieri will pursue the grant option as well as the insurance option (previously discussed). ADDED ITEMS / NEW BUSINESS Supervisor Seligson stated that Westchester County sent a letter to the Monitor for the Affordable Housing Litigation asking for approval of the ten units in the Cambium as affordable units, adding we have confirmation that the Monitor received the letter. Senior Citizen Rent Exemption Increase Program (SCRIE) th In the memo to the Town Board dated August 13, Mr. Altieri explains that a number of other communities in Westchester County participate in this program administered inthe County by the New York State Division of Housing and Community Renewal. This program exempts eligible senior citizens from rent increases. The way the program works is that landlords who have eligible tenants submit for a refund of taxes to the municipal government. What the Town Board is being asked to consider is what income level would determine eligibility. The memo explained the number of eligible seniors now in the program and what it costs the Town. The Town Board discussed raising the minimum income from 16,500.00 to 29,000.00. Six Month Financial Review The Town Board received a Financial Performance Report for the period covering January 1 through June 30, 2015, in a memo from Mr. Altieri dated August 13, 2015. The Board members had a number of specific questions pertaining to individual line items. These questions were addressed by Mr. Altieri. Washington Square Parking Review The Town Board reviewed a memo from Mr. Altieri dated August 14, 2015, detailing the current status of discussions with Washington Square residents on parking improvements in the area. Mr. Altieri reported that he and David Goessl met with Ralph Engel and Fred Cuccia at New Jefferson Street to view their new proposal. Their proposal entails creating diagonal parking on Madison, replacing a stretch of sidewalk and curbing on Madison Street, trimming trees and installing grates on the existing median, and adding two handicapped spaces on Washington Square. The Town discussed these proposals and agreed to prune the trees on the median, pave Madison between Jefferson Street and Washington Square, and to add four parallel parking spaces along Madison. The addition of handicapped spaces is on the Traffic Committee agenda for next month. Howell Park Drainage Easement Mr. Altieri stated that as the Board will recall, there was an old pipe from the 1930’s whose purpose was for drainage from Palmer Avenue to Howell Avenue. Subsequently, when the County redesigned Palmer Avenue the County no longer had use for this drain pipe. Mr. Altieri continued by stating that the pipe effectively has a private purpose, but at the time of replacement, the Town felt that because it had private connections, it should be repaired. The pipe was replaced at the Town’s expense in 2014 at a cost of $50,000.00. Because of the new way the Town maintains pipes a new form of easement was required. There were a number of residents who refused to sign the easement. These residents obtained an attorney who the Town worked with to draft agreeable language. Still certain residents refused to sign the easement. At this junction it is recommended that the Town draft a letter to these residents effectively stating that this pipe now serves no municipal purpose and therefore, it will no longer be maintained by the Town. 2 August 20, 2015 Tree Appeal - 5 Salem Drive Supervisor Seligson stated that the resident of 5 Salem Drive as well as neighbors may be at the meeting this evening. The Town Board reviewed a package of material regarding the application, the approvals, and the subsequent appeal. The Board noted the Board will hear from the parties, but there appears to be nothing in the package that would refute the decision of the Tree Commission. ADDED ITEM / NEW BUSINESS Supervisor Seligson asked Councilman Odierna to report on last night’s meeting of the Cable Advisory Board. Councilman Odierna reported that the more important meeting will be next week, at which the Cable Advisory Board will discuss the Town’s counter proposal to the Fire House. That proposal, to rd renovate the Town Center third floor, will be reviewed once more by the Town Board at the September 3 Town Board Meeting, before being submitted to LMC-TV. On motion of Councilwoman Katz, seconded by Councilman Murphy, the Board unanimously agreed to enter into an Executive Session to discuss the employment history of a particular employee, disciplinary measures and potential litigation. EXECUTIVE SESSION Employment History of a Particular Employee Disciplinary Measures Potential Litigation On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, 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 8:20 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. ADDED ITEM REPORT FROM THE FIRE DEPARTMENT – Fire on Fifth Ave Present: Fire Chief Noah Goldberg and Deputy Chiefs’ Joe Russo and Paul Tortorella Chief Goldberg gave a report of the fire and the Department’s response. The report was quite detailed and noted the excellent response of the Town Fire Department as well as the Fire Departments from the City of New Rochelle and Village of Larchmont Departments who provided mutual aid. Fortunately no one was hurt. SUPERVISOR’S SUMMARY REPORT The Town’s Memorial Park Summer Concert series concluded in the end of July and was a wonderful success. Many people enjoyed the evening concerts and we were lucky to have had good weather. The Town hosted an informational seminar on Community development Block Grants (CDBG) for the County. The Town continues to work with the County regarding repairs and maintenance of the Town’s sanitary sewer lines. I recently met with NYC Dept. of Environmental 3 August 20, 2015 Protection to learn about their Water Efficiency Program. The City requests all customers of their water system to reduce water consumption by 5% in the next few years to eliminate the need of some capital expansion and to prepare for the shutdown of one water tunnel for repairs. I attended the Larchmont/Mamaroneck VAC Annual Summer Dinner and congratulate all those who were recognized for their service and thank VAC for a lovely event. The Town will hold its annual th September 11 Ceremony on Friday September 11, 2015 at 5:00 pm at Memorial Park, all are welcome. The Sustainability Collaborative will hold an informational charette Saturday morning October 3, 2015 to update the public on sustainability progress and discuss possible new programs. All interested residents are welcome to attend. Finally, thank you to the interns who worked in my office this summer, Michael O’Brien and Noah Horowitz. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board. George Roniger, of the Larchmont Gardens’ Civic Association, addressed the Board. Mr. Roniger began by stating that he personally thinks the Brook looks great. He did note that there were a lot of grass clipping that unfortunately blew into the Brook. Mr. Roniger also noted that the Duck Pond looks better than ever, adding that this is not the opinion of everyone. The Association continues to discuss the installation of aerators and hopes the Town will consider contributing to that cost. The Association has had a number of complaints about excessive trucks along Hickory Grove, and he will be working with George Latimer’s Office on an assessment for that area. Also of concern, is the recent accident involving a left turn out of Stop and Shop. Many residents believe left turns along Boston Post Road should not be allowed. The Town Board suggested Mr. Roniger bring this issue to the Traffic Committee. OUT OF ORDER Supervisor Seligson noted that since there were a number of residents in the audience here for the Tree Appeal that the Town Board will move to that item on the agenda. 1.Tree Appeal – 5 Salem Drive Mr. Pollack, resident of 5 Salem Drive, addressed the Board stating the case for the removal of the three additional trees. Mr. Pollack distributed photographs of the effected trees and are hereby entered into the record by the Town Clerk. Matthew Dundon, resident at 12 Split Tree Road, spoke objecting to the tree removal. Nick Girardi, the contractor for 5 Salem Drive, addressed the Cultec drainage system that was designed and installed at 5 Salem Drive. Ted Weinberg, resident of 7 Salem Drive, spoke stating that if trees are removed he would like trees replaced. Councilwoman Elkind Eney in agreement with Councilman Murphy, asked that a two for one replacement be considered, and Supervisor Seligson noted her agreement. The Board discussed placing the additional trees on Town property at the agreement of Mr. Pollack. Mr. Pollack would like the option of trying to place the trees on his property, noting that if that is not doable he will work with the Town on a an alternative within the Town. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was, RESOLVED, that the Mamaroneck Town Board does hereby deny the appeal by the Weintraubs of 3 Salem Drive and Theodore Weinberg of 7 Salem Drive but does modify the action of the Tree Preservation Commission dated August 13, 2015 as follows: 4 August 20, 2015 If upon consultation with the Town’s Environmental Planner, it is determined that there are locations at 5 Salem Drive where there is a reasonable possibility that six (6) trees can be planted and grow to maturity, the Pollack’s shall plant all six (6) trees at those locations on 5 Salem Drive. If, however, upon consultation with the Town’s Environmental Planner, it is determined that fewer than six (6) trees can be planted at 5 Salem Drive in locations where there is a reasonable possibility that those trees will grow to maturity, the Pollacks shall plant at those locations where there is a reasonable possibility that trees will grow to maturity as many trees as those locations may allow and contribute to the Town’s tree fund a sum equal to $300.00 multiplied by the difference between 6 and the number of trees that are planted at 5 Salem Drive. The Tree Commission’s requirement that the Pollack’s post a $750 cash bond is confirmed. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner 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 Elkind Eney, seconded by Commissioner Murphy, 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 Akron parts $617.61 AAA Emergency Supply Scott Pak repair 131.66 Amazon.Com Combustible Detector 395.00 AT & T Mobility Wireless service for 6/12-7/11/15 786.95 Bound Tree Medical, LLC Glove, Glucose, Aspirin 146.12 Cablevision Cable services for 7/23/15 - 8/22/15 127.79 Fire Companies.Com Website maintenance Sept., Oct. & November 2015 239.97 Goldberg, Noah Banners, posters, kids activity sheets, magnets 334.95 Grainger Draw latch, hose hanger, truck wash brush and wood handle 127.57 Home Depot Aluminum Angle, Loctite Power Grab, paint 48.96 New England Uniform Collar brass 15.00 Nick Bruno Electrical, LLC Electrical work - New Outlet for Lobby Sign Board, 2nd floor kitchen light 1114.96 5 August 20, 2015 Poland Spring Direct Rental for water coolers - July 2015 114.96 Ridge Door Sales Co., Inc. Repaired garage doors 250.00 Sound Shore Contracting Install spigot by new generator in back of building 990.00 Town of Mam'k PFFA Life Ins. for the month of July 2015 - 12 firefighters 282.96 Town of Mam'k Fire Dept. Food for June 2015 Dept. Drill 263.55 Town of Mam'k Fire Dept. Food for July 2015 Dept. Drill 200.00 Town of Mam'k Fire Dept. Water for Apparatus and Rehab 196.00 Unifirst Corporation Wipers, towels, spray dispensers, laundry bags 7/10-7/31/15 73.64 United Overhead Door Corp. Garage door parts delivery 375.00 Verizon Fire HQ svc 7/10-8/9/15 227.15 Westech Elevator Services Maintenance for month of Aug 2015 175.00 Westch Joint Water Works 205 Weaver St. chgs 6/30-9/30/15 102.56 0.00 0.00 Total: $7337.36 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 There being no further business to come before the Commission, on motion of Commissioner Murphy, seconded by Commissioner Odierna, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN (Affairs #1 is above) 2.Appointments to Coastal Zone Management Commission On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that Howard McMichael be reappointed as a Member of the Coastal Zone Management Commission, 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, 2018. On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that Howard McMichael be reappointed as a Member of the Coastal Zone Management Commission, 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, 2018. 6 August 20, 2015 3.Release of Easement – Northbrook Road Mr. Altieri explained that the Planning Board recently heard from an applicant on North Brook Road and during those deliberations it was discovered that an easement existed on the tax map. It has subsequently been determined that there is no record of a written easement agreement, just a notation on the tax map. After discussion with the Highway Department and the Town Engineer the Town came to the conclusion that there is no need for an easement. It is recommended that the Town remove the easement on the tax map. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Release of Easement over and through Lot 6 on the Second Amended Subdivision Map at the end of North Brook Road in the Town of Mamaroneck, Westchester County, dated June 10, 1970 and filed as Map No. 17539 in the Office of the County Clerk of the County of Westchester on August 27, 1971, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said Release of Easement on behalf of the Town. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 4. Resolution – Community Services On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the following was approved; WHEREAS, the New York State 2014-2015 enacted budget included funding for the provision of a 2% increase in annual salary and salary related fringe benefit costs for providers with Direct Care staff and Direct Support professionals effective January 1, 2015, and WHEREAS, additionally, the statute provides for an additional 2% increase for these staff effective April 1, 2015, and WHEREAS, the statute requires each provider to submit an attestation confirming that the funding increases will be used solely to support salary and salary related fringe benefit increases, now, therefore, be it RESOLVED, that the Town Administrator be, and hereby is, authorized and directed to execute an attestation certifying that the State aid funding for Direct Care Worker Program provided to the Town of Mamaroneck for Programs for the Aging will be used solely to provide salary increases and salary related fringe benefit increases for direct care staff and direct support professionals as defined by the Director of the New York State Office for the Aging The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 7 August 20, 2015 5. Authorization – Federal Aid Agreements – Weaver Street Sidewalk Extension On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the following was approved, WHEREAS, a project for Weaver Street (NY125) Sidewalk Extension in the Town of Mamaroneck, Westchester County, PIN 8761.32 (the Project) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program be borne at the ratio of 80% Federal Funds and 20% non-federal funds; and WHEREAS, the Town of Mamaroneck desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of preliminary engineering and right-of-way incidental. NOW, THEREFORE, the Mamaroneck Town Board, duly convened does hereby RESOLVE, that the Mamaroneck Town Board hereby approves the above subject project; and it is hereby further RESOLVED, that the Mamaroneck Town Board hereby authorizes the Town of Mamaroneck to pay in the first instance 100% of the federal and non-federal share of the cost of preliminary engineering and right-of-way incidental work for the Project or portions thereof; and it is further RESOLVED, that the sum of $40,780 is hereby appropriated to capital project H5110.0400.2015.45 and made available to cover the cost of participation in the above phase of the project and it is further RESOLVED, that in the event the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Mamaroneck Town Board shall convene as soon as possible to appropriate said excess amount immediately upon notification by the Town Administrator thereof, and it is further RESOLVED, that the Mamaroneck Town Administrator be is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marcheselli Aid on behalf of the Town of Mamaroneck with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of federal aid and state aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, that in addition to the Town Administrator the following municipal titles: Town Supervisor, Town Engineer, and Town Comptroller are also hereby authorized to execute any necessary Agreements or certifications on behalf of the Town of Mamaroneck, with NYSDOT in connection with the advancement or approval of the Project identified in the State/Local Agreement ; Page 1 of 2 RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in the connection with the Project, and it is further RESOLVED, this Resolution shall take effect immediately The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 8 August 20, 2015 6. Report of Bids – TA-15-01A – Landscape Maintenance Contract Mr. Altieri explained that in February of 2015 the Town awarded Contract TA-15-01 to Pat Scanlon Landscaping for the Landscaping Maintenance Contract. The contractor failed to perform on the contract, and the contract was terminated. The Highway Department was able to perform some of the work, but the remainder of the work is reflected in the new bid. The following report of bids is entered into the record: ATTACHMENT A On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the following was approved, WHEREAS, on July 27, 2015 the Town publicly opened and read two bids for Contract TA-15- 01A Landscape Maintenance. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-15-01A to the lowest responsible bidder, Acocella Contracting, at a total price for the remainder of 2015 of $ 9,400.00 and for 2016 at a total price of $21,300.00, 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: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 7.Consideration of Certiorari On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Town Board does hereby not accept the settlement of Certiorari as set forth by the Town Attorney in his memo dated August 20, 2015. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye ADDED ITEM 8.Resolution – Acceptance of Donation from Shirley Romney On motion of Councilman Murphy, seconded by Councilwoman Katz, it was unanimously 9 August 20, 2015 RESOLVED, that the Mamaroneck Town Board does hereby accept the donation from Shirley Romney, in the amount $2,500.00, for the Senior Center Program, and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to accept this bequest on behalf of the Town. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye APPROVAL OF MINUTES On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the Regular Meeting of July 22, 2015 and the Special Meeting August 6, 2015. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Murphy stated that there is an early start to the school year and wished everyone an enjoyable remainder of the summer. Councilman Odierna announced that the installation of the bike racks by the Rotary Club is complete and looks great! Councilman Odierna thanked Steve Altieri and the Town Highway Department for their help, adding that an official unveiling will take place after Labor Day. Councilwoman Katz attended the Coastal Zone Management Commission meeting last month noting that there was only one application, adding that the Cultec System was a large part of that discussion. Councilwoman Katz noted that Weaver Street is finally getting paved, but reminded residents that this is a State Road and the Town has nothing to do with the timing of this project. rd Councilwoman Elkind Eney noted that August 3 was the last Summer Concert, noting how wonderful they rdth have been. On August 3 Councilwoman Elkind Eney noted her attendance at Fire Council. On August 7 she attended the VAC Dinner Dance not only do they work hard to keep us safe, but they throw a great th party, and on August 11 the Westchester Joint Water Works Meeting she noted that a lot goes into th providing the water that we take for granted. Also on the 11 Councilwoman Elkind Eney attended the Recreation Department Annual Dinner and Meeting. The directors of the camps reviewed the summer programs and made suggestions for next year and the Planning Board, adding a welcome to the new Members. Councilman Odierna added that he attended a few meetings of LMC-TV as they continue their discussions of a new consolidated home. Councilman Odierna also noted the promotion of Matt Sullivan as the head of operations, and Eric Lewis will be the Chief Executive Officer. A final decision has yet to be made on the final home for LMC-TV, adding that a decision will follow the recommendation from the Cable TV Board of Control. 10 August 20, 2015 ADJOURNMENT On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the meeting was unanimously adjourned at 9:45 PM ________________________________ Submitted by Christina Battalia, Town Clerk 11