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HomeMy WebLinkAbout2015_10_07 Town Board Minutes October 7, 2015 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON OCTOBER 7, 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. Two residents from Murdock Woods were in attendance, Mark Kramer and Lisa Siegel Review of Tree Removal Appeals – 1 Split Tree Road and 4 Murdock Road Additionally Present: Elizabeth Paul, Town Environmental Planner Ms. Paul began by reiterating the findings of the Tree Preservation Commission in that the tree removal meets the criteria of the Tree Law. Mr. Maker confirmed that if the removal meets the criteria trees may be removed as-of-right, adding that the Town Board does have the right to require replanting. Ms. Paul stated that the developer has a replacement plan that he will present to the Town Board during the regular session, but she has not received a copy as yet. Ms. Paul stated that although the Town Board received information regarding the tree permit for 4 Murdock Woods, that permit is not finalized as the Tree Preservation Commission is waiting for the opinion of the Engineering firm of Dolf Rotfeld with respect to the erosion control plan. The Town Board began a discussion of addressing an amendment to the Tree Law that would address residential site plan review, and potentially, in the interim placing a moratorium on tree removal. Not all Town Board Members agreed with the use of a moratorium or residential site plan requirements. Mark Kramer addressed the Board and stated that he objects to developers being allowed to chip, blast and fill prior to approval to remove trees. This causes a potential situation whereby trees are damaged and then must be removed. Supervisor Seligson addressed the residents present stating that she and the Town Board are sympathetic to your concerns and will work with you on addressing them. Review of Assessment Role Update Program Additionally Present: Pamela Valenza, Town Assessor The Town Board received the proposal from GAR Associates for the Annual Support Services in maintaining the full value assessments, dated September 9, 2015. The Town Board asked Ms. Valenza to give a full explanation of the work to be done, of which Ms. Valenza did. The proposal from GAR for the work to be performed in 2016 is $220,000 and for 2017 up to $125,000. The Town Board discussed a plan for alerting st residents prior to the State required mailing date of June 1, of the Assessment Notifications. This earlier st mailing would alert residents of the State mandated, June 1 mailing, stating their actual assessment. This letter would also serve to explain the difference in assessment versus taxes. Supervisor Seligson would like the Town and the Town Board to begin discussing and notifying the public beginning in January each year of the assessment process. 1 October 7, 2015 Update – Public Housing Agency Administrative Plan Additionally Present: Anna Danoy, Director of Community Services and Housing Ms. Danoy explained that last year the Town approved the Public Housing Administrative Five Year Plan, and what is before the Board is the Annual Plan, with no changes to the five year plan. Ms. Danoy added that effectively the Town is just working through the five year plan. Supervisor Seligson asked if the Town is still working with preferences, and Ms. Danoy responded yes. Ms. Danoy stated that there is a comment section for Supervisor Seligson, and added that she will work with her and Steve Altieri, on completing this section. ADDED ITEM Due to continued discussion of the placement of the additional Accessible Parking Spaces on Washington Square, the Town Board will be cancelling tonight’s Public hearing and will re-set a public hearing when the locations are finalized. Update – Town Center Parking Lot The Town Board reviewed a memo from Steve Altieri, dated October 6, 2015, in which Mr. Altieri clarifies the progression of the project and the current cost estimates. Listed in the memo are three iterations of the project, and details the Town’s contribution since the notification that the Town has received a Long Island Futures Fund Grant. Supervisor Seligson will distribute the Grant application to the Board so they can see the positive effect this grant will have on run-off from the Town Center. TAKEN OUT OF ORDER Review Resolution – Community Choice Aggregation Program The Town Board reviewed the proposed draft resolution for participation in the program. The Board Members had comments and revisions to the resolution which were discussed. The Town Board will move forward with approval of the resolution during the regular meeting, with the following changes (a) the removal section ‘(2)’ which states “the default price is fixed at a level that is less than the average utility price for the same commodity, for the same customer class, over the preceding twelve month period;” and (b) the insertion of an opt out clause that Mr. Maker will prepare prior to the final approval this evening. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Town Board unanimously agreed to convene as the Board of Fire Commissioners to discuss the fire apparatus. Fire Apparatus Commissioner Elkind Eney was asked by the Fire Council to report to the Commission an issue that developed last year and hopes will not continue this year. Specifically, during the leaf and snow season when the highway trucks were in high demand, there was difficulty in getting the fire trucks serviced. The Fire Council has made some recommendations to rectify this. It was also noted that the Generator currently at the Fire House which is slated to be used at the Senior Center is outdoors and should be ‘winterized’ should it remain where it is. The Fire commission will defer the award of the contract for the new fire apparatus until the next October Meeting, as the Fire Chief and Mr. Altieri did not have sufficient time to prepare a formal bid report. ADDED ITEM Change Town Board Meeting Date stth The Town Board would like to change the October 21 Town Board Meeting date to October 19. This was added to the regular agenda for this evening. 2 October 7, 2015 Update – New Rochelle Sewer District Evaluation Study No discussion Appointment – Zoning Board of Appeals No discussion Revise 2016 Budget Calendar The Town Board amended the Budget Calendar as follows: thth The October 30 meeting start time was moved to 10:00am, and the November 9 meeting was moved to th November 11 , time and location TBD. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the Board unanimously agreed to enter into an Executive Session to discuss Pending Litigation with Save the Sound and potential litigation regarding Barry Gedan. EXECUTIVE SESSION Pending Litigation with Save the Sound Potential litigation regarding Barry Gedan. On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Board unanimously agreed to resume the Regular Meeting. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 PM, she then pointed out the location of the exits. Supervisor Seligson noted that the Town Board met for a worksession beginning at 5:00 o’clock this evening, adding this is an open meeting that all residents’ are welcomed to attend. SUPERVISOR’S SUMMARY REPORT The Weaver Street paving project by the State will continue Tuesday October 13 after taking a break for the rest of this week. The Sustainability Collaborative held a charette, an interactive workshop, on Saturday October 3 to discuss the sustainability progress and accomplishments of the Town and to talk about changing the way the Town charges for some services. We discussed using fees for service versus taxes for garbage collection and sewer use. Thank you to the Sustainability Collaborative for their work in putting on the event and especially to the chair, Mitch Green. The Town held a cleanup of the Premium Marsh on Saturday September 26 as part of the International Coastal Cleanup program. I want to thank the young men of Pi Kappa Phi fraternity from Iona University who helped. The Town has been awarded a $150,000 grant from the Long Island Sound Futures Fund to implement green infrastructure at the Town Center parking lot. The Town Center parking lot needs to be repaired and renovated. This grant will allow the Town to incorporate porous pavement, pavers, rain gardens, catch basin filters and a rain water harvesting system into the renovation. Steve Altieri and I participated in the Westchester County tabletop emergency exercise at the County Center. Strangely, while we were working on the hazardous spill exercise a real-life event occurred in the Village of Larchmont when a sanitation truck picked up a furnace that spilled asbestos when crushed. Both events were handled well. 3 October 7, 2015 LISWIC (Long island Sound Intermunicipal Council) met to discuss repairing the municipal and private sewer laterals or pipes. All the Long Islands Sound communities are working on intermunicipal agreements with the County to implement this work. The Village of Larchmont had th the kick-off event for their 125 Anniversary celebration and it was a huge success. It was a beautiful day and many people participated in the fun on Larchmont Avenue. The Town presented a proclamation to the Larchmont/ Mamaroneck Library to welcome the new Children’s Garden in honor and memory of Ryder Gordon Brown. The beautiful area was funded by Ryder’s parents and friends. The Town Fired Department Inspection Dinner was a nice event last week as we honored th the great volunteers and staff of the TMFD. The Women’s Club of Larchmont celebrated its 90 anniversary with a 1920’s-themed tea at Larchmont Yacht Club. The Mamaroneck Historical Society honored Gene Warrington, owner of Walter’s hotdogs for his contributions to the community. Finally, the Paine to Pain Trail Half Marathon that is run on the Colonial Greenway, part of which is in the Town of Mamaroneck attracted over 700 runners. The Town was instrumental in creating the 15-mile Colonial Greenway through 5 municipalities. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board. Mark Kramer addressed the Town Board and asked if there was a way to get the section of Weaver Street near Pengilly Drive added to the paving project currently taking place on Weaver Street. Mr. Altieri responded that Weaver Street is a State road and the paving is being done by the State. Mr. Altieri added that he will certainly ask the State on behalf of this resident to consider adding this section. PUBLIC HEARING (S) – “Adding Two Accessible Parking Spaces on Washington Square” 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 September 16, 2015 a Public Hearing will be held on Wednesday, October 7, 2015 at 8:00 PM or as soon thereafter as is possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider: “The Adding Two Accessible Parking Spaces on Washington Square” Law. Section 1 – Purpose. The purpose of this local law is to act upon the recommendation from the Traffic Committee to create two new, accessible parking spaces on Washington Square. 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, Mon-Fri, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, NY 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: October 2, 2015 Due to continued discussion of the number and location of the accessible spaces, the Public Hearing was cancelled. 4 October 7, 2015 TAKEN OUT OF ORDER AFFAIRS OF THE TOWN 16. Salary Authorization – Building Inspector Mr. Altieri explained that the long standing, and highly regarded Town’s Building and Land Use Director, Ron Carpaneto will be retiring at the end of the year. Mr. Altieri continued by introducing John Landi as the new Building Inspector noting his previous experience and highlighting the duties of the Building Inspector. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint John Landi as the Building Inspector effective October 13, 2015 at an annual salary of $105,000. 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 Murphy, seconded by Commissioner Katz, 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 Rit AL2 Egress Sys - 50' Webbing, Descender, Tri-Link, Crosby hook & Pouch $2,075.00 AAA Emergency Supply Scott 30 minute Carbon Air Cylinder 3,628.00 AAA Emergency Supply Scott Pak EZ Flo Boot Assemb., repair, test & Fire Extinguisher inspect. & chrg 303.26 Amazon.Com Masonite Clipboard 113.04 Bound Tree Medical, LLC. Epipen and Epipen Jr. 1,016.00 Foley Hardware Yellow Extension Cord, Electric blower vacuum 117.22 Galls, LLC Socks - Career uniform per contract 32.16 Home Depot Showerhead, Weather Radio for emergency weather updates, 10 Plywood 393.64 Tony's Nursery Inc. Propane exchange 69.60 Uni-First Corporation Soap, purell, hand towels, microfiber towels, laundry bags 223.96 5 October 7, 2015 United Communications Corp Minitor IV repair 249.37 Villa Maria Pizza Picnic preparation meal 89.86 Verizon Fire HQ svc 9/10-10/9/15 230.89 Westch Joint Water Works 205 Weaver St Chgs 6/1/15 - 9/1/15 838.81 0.00 0.00 Total: $9,380.81 The above resolution was put to a roll call vote: Commissioner Murphy Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Odierna Aye Commissioner Seligson Aye 2.Other Fire Department Business Report of Bids – TA-15-10 Fire Apparatus Replacement DEFERRED Commissioner Elkind Eney read the Fire Report for the Month of February as submitted by Chief Goldberg as follows: September 2015 ALARM TYPE NUMBER Generals 42 Minors 20 Stills 0 Out of Town (Mutual Aid) 1 EMS 40 Drills 6 TOTAL 109 Total number of personnel responding: 912 Total time working: 49 hours and 24 minutes There being no further business to come before the Commission, on motion of Commissioner Odierna, seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1.Tree Removal Appeal - 1 Split Tree Road and 4 Murdock Road Supervisor Seligson explained that during Worksession the Town Board discussed the Tree Permit Appeal, noting that two residents were in attendance. Supervisor Seligson stated the Town still awaits the opinion from the Town’s Engineering firm with respect to the erosion control measures. Supervisor Seligson recapped by stating that the current law as it now stands allows for trees to be removed if they are in the footprint of construction of either the structure or required infrastructure, and or if trees will be hurt or killed during construction. With respect to the removal of trees at 1 Split Tree Road, the Tree Preservation Commission found the application met the criteria set forth in the Town Law, adding that the Town Board’s 6 October 7, 2015 role now is to set forth parameters for tree replacement. Supervisor Seligson stated that it was the understanding of Elizabeth Paul, the Town’s Environmental Planner, that the developer would be presenting a tree replacement plan this evening. David Roberts, of the Landscape Architecture firm of David Sherman addressed the Town Board and presented the tree replacement plan and their basis for the removal of the trees. The plan addressed the removal of the nine (9) trees on the property to be removed and the two (2) trees in the Town’s right-of way to be removed. There was discussion on the need for the removal of trees other than 1, 3, 7, and 8. Elion Amidor, of Split Tree Land Development, LLC, and the developer for the property addressed the Board. Mr. Amidor emphasized that many properties in the neighborhood have removed many more trees and have overall less standing trees today than is proposed for this property. He also noted that that the removal of trees numbered 9 and 10 are being removed for grating and placement of the drywell, adding it will not only help runoff at 1 Split Tree, but also for the neighbor behind. He emphasized that the plan miss calculated the number of replacement trees, adding that the actual number of replacement trees will be 15. Supervisor Seligson reiterated that the removal of tress 4 and 5 seemed unnecessary. Emily Spector addressed the Board. Ms. Spector grew up in the neighborhood and now lives in the home she grew up in. She questions the necessity of cutting down so many trees and implores the Town Board to save as many tress as possible. The removal of so many trees changes the character of the neighborhood. Mark Kramer, of Murdock Woods, wonders why a tree well has not been used as other homes have. Mr. Kramer also stated that he knows this property well and knows these trees have survived Hurricane Irene and Super Storm Sandy. Mr. Kramer read a letter from David Pravda of 22 Salem Drive in opposition to the tree removal. Lisa Siegel previously submitted a letter to the Town Board in opposition of the tree removal. She would also like to Town Board to look at the underlying legislation that allows for this tree removal. The discussion moved back to the replacement plan. Upon further review the Town Board did not agree that planting of four (4) Chesapeake Holly as replacements for the removal of full grown trees was acceptable. It is noted for the record that the Town Supervisor received from Eilon Amidor, and subsequently gave to the Town Clerk to enter into the record, correspondence from the following: Hillary Emmerman – in favor of the request for tree removal on Murdock Road Audra Rubin Design – no opposition to tree removal on either property Tami Robinson – support in taking down trees in Murdock Woods It is noted for the record that the Town Supervisor received from Eilon Amidor, and subsequently gave to the Town Clerk to enter into the record, documentation regarding permits for tree removal at 3 Split Tree Road Mr. Maker summarized the understanding of the Town Board. On the motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the following was approved, WHEREAS, the Town Board having heard the appeal of the determination of the Tree Preservation Commission, dated September 18, 2015 with respect to 1 Split Tree Road (Section/Block/Lot: 3-5-1010), it is RESOLVED, that the Town Board modifies that determination as follows: Brite Ave. Development Corp. (Owner) may remove the following trees shown on Drawing # L-1 of the Tree Removal & Planting Plan prepared by Daniel Sherman, Landscape Architect dated October 5, 2015 (Plan): Nos. 1, 3, 7, 8, 9 and 10, and BE IT, FURTHER 7 October 7, 2015 RESOLVED, that the replacement trees shown on the Plan as the 6 American Hornbeams, the one Black Tupelo, the two Dogwoods and the two Red Oaks are accepted but the Owner also shall plant an additional 4 trees on 1 Split Tree Road, the types of trees to be selected from the list of species promulgated by the Tree Preservation Commission as acceptable replacement trees, and their locations to be approved by the Environmental Planner, and BE IT FURTHER RESOLVED, that bond value set by the Tree Preservation Commission hereby is confirmed. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 2.Request for Street Tree Removal – 1 Split Tree Road Mr. Roberts addressed the Town Board and stated that one of the trees in the Town’s right-of-way proposed for removal has been severely cut by Con Edison. Ms. Siegel addressed the Town Board and stated her opposition to removing these two trees. Howard Cohen, the Architect for the project, addressed the Town Board. Mr. Cohen suggested that it is improper for the developer to plant trees on Town right-of-way and suggests that they make a donation to the tree fund instead. Mr. Altieri stated that this practice has been done in the past whereby developers’ have planted in the Town’s right-of-way. Mr. Kramer addressed the Town Board in opposition of removing these trees. Mr. Kramer emphasized that these trees are evergreens that bloom all year long. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the request of Split Tree Land Development LLC to remove two trees in the Town’s right-of-way, and BE IT, FURTHER RESOLVED, that the developer will plant two replacement Evergreen Trees on the Town’s right-of-way in front of 1 Split Tree Road, in a location to be determined by the Town’s Environmental Planner. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 3.Appointment – Zoning Board of Appeals On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following was unanimously approved, WHEREAS, with the resignation of Seth Marcus as Member A of the Zoning Board, a vacancy now exists. 8 October 7, 2015 NOW THEREFORE, BE IT RESOLVED, that Jonathan Sacks be appointed as Member A of the Zoning Board of Appeals, 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, 2018. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was unanimously approved, WHEREAS, with the appointment of Johnathan Sacks, formerly Alternate Member A of the Zoning Board of Appeals, a vacancy in the position of Alternate Member now exists. NOW THEREFORE, BE IT RESOLVED, that Elizabeth Cooney be appointed as Alternate Member A of the Zoning Board of Appeals, 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, 2018. 4.Appointment – Coastal Zone Management Commission On motion of Councilwoman Katz, seconded by Councilman Murphy, it was RESOLVED, that Matthew Teitsch 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 August 31, 2018. 5.Authorization – Amended Resolution – Weaver Street Sidewalk Extension On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was approved, Authorizing the implementation, and funding in the first instance 100% of the federal-aid \[and State” Marchiselli” Program-aid\] eligible costs, of a transportation federal-aid project, and appropriating funds therefore. WHEREAS, a Project for Weaver Street (NY 125) 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 such program to be borne at the ratio of 0% Federal funds and 100% 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 9 October 7, 2015 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 the notification by the Town Administrator thereof, and it is further RESOLVED, that the Mamaroneck Town Administrator be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiselli 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, Town Comptroller, are also hereby authorized to execute any necessary Agreements or certifications on behalf of the Municipality/Sponsor, with NYSDOT in connection with the advancement or approval of the project identified in the State/Local Agreement; 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 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 6.Authorization – Permit Renewal – Town Meals on Wheels Program On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the application to renew the Town’s permit with the Westchester County Department of Health for the continued operation of the Town Meals on Wheels Program through the Senior Center, and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to sign said renewal permit application 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 10 October 7, 2015 7.Authorization – Permit Renewal – Senior Nutrition Program On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the application to renew the Town’s permit with the Westchester County Department of Health for the continued operation of the Senior Nutrition Program at the Senior Center, and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to sign said renewal permit application 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 8.Consideration – Public Housing Administrative Plan On motion of Councilwoman Elkind Eney, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Public Housing Administrative Plan for the year 2016. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye The following resolution was Amended at the October 19, 2015 Town Board Meeting by adopting a subsequent Resolution. 9.Resolution – Community Choice Aggregation Program On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the following was approved WHEREAS, Sustainable Westchester, Inc., a not-for-profit organization comprised of several municipalities in Westchester County, including the Town of Mamaroneck, sought approval of a demonstration community choice aggregation (“CCA”) program in Westchester County in 2014, which would allow local governments to participate in a Sustainable Westchester program to procure energy supply from energy service companies (“ESCOs”) for the residents of the municipalities; and WHEREAS, on February 26, 2015, the Public Service Commission of the State of New York approved implementation of the first community choice aggregation (“CCA”) pilot program in New York State, which allows Sustainable Westchester to put out for bid the total amount of natural gas or electricity being purchased by local residents or small businesses; and WHEREAS, the program is intended to provide consumers with the ability to lower their overall energy costs; and 11 October 7, 2015 WHEREAS, the potential benefits of CCA programs include price stability for a fixed contract term, lower prices, more favorable contract terms, and the ability to design a program that reflects local preferences and needs, including a preference for cleaner power sources; and WHEREAS, the Westchester pilot program is intended to include residential and small non- residential customers, and to permit the aggregation of both electric and natural gas purchases; and WHEREAS, Sustainable Westchester, Inc. will issue a request for proposals to suppliers to provide energy to participants, and will then award a contract; and WHEREAS, Sustainable Westchester, Inc. or the Town of Mamaroneck will request individual customer data from the utility, and the selected supplier will then notify the bundled customers of the contract terms and the customer’s opportunity to opt-out of the program within twenty (20) days; and NOW THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck shall enter into an agreement to participate in a Sustainable Westchester program for its residents and business consumers who are not currently purchasing electricity from an energy service company (ESCO) , only if: 1) the default price is guaranteed to be consistently less than the utility price for the same period; or 2) the default price is at first set at a level that is less than the average utility price for electricity, for the same customer class, over the preceding twelve month period, and only floats upward by less than twenty-five percent (25%) of the price increases implemented by the utilities; and BE IT FURTHER, RESOLVED, that any agreement with an ESCO shall provide that residents’ and business customers in the Town of Mamaroneck may opt out of the Sustainable Westchester program at no charge at anytime, and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute any and all documents to give effect to this resolution. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 10.Resolution – New York State Justice Court Assistance Program On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was approved RESOLVED, that the Mamaroneck Town Board does hereby approve WHEREAS, annually the New York State Office of Court Administration accepts applications for grants for local justice courts, and WHEREAS, the Town of Mamaroneck has each year submitted an application for funding for improvements to the Town’s Justice Court. NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize the submission of a grant application for the Town’s magnetometer, in an amount not to exceed $30,000, for funding through the New York State Justice Court Assistance Program; and BE IT FURTHER, 12 October 7, 2015 RESOLVED, that the Town Supervisor is hereby authorized to execute the grant application. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 11.Authorization – Transfer of Funds – Swim Team Trust Fund On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the transfer of funds in the amount of $510.00 from the Swim Team Trust Fund to the Swim Team’s Operating Budget Account for the purchase of new swim lanes as detailed by the Town Comptroller in the following schedule: BUDGET AMENDMENT - TRANSFER FROM TRUST FUND TO GENERAL FUND 10/7/2015 TOWN BOARD MEETING GENERAL TOWN WIDE FUND (FUND A): INCREASE BUDGET: A.0000.5041 TRANSFERS FROM TRUST FUND $ 510.00 A.7180.4161 SWIM MEETS $ 510.00 * (REPRESENTS USE OF SWIM CLUB TRUST FUND DONATIONS FOR PURCHASE OF A NEW LANE FOR MAM'K SWIM CLUB.) * $ (510.00) TRUST A/C # T.0000.0033 (SWIM CLUB TRUST FUND) The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 12.Authorization – Transfer of Funds – Capital Project 2015.19 and 2015-20 Computer Software and Hardware On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the budget amendment for the Capital Project – Computer Hardware & Software, and the transfer of funds as detailed by the Town Comptroller in the following schedule: AMEND 2015 CAPITAL PROJECT & BUDGET - COMPUTER HARDWARE & SOFTWARE 10/7/2015 TOWN BOARD MEETING 13 October 7, 2015 CAPITAL PROJECTS FUND (FUND H): AMEND BUDGET: EXP H.1680.0400.2015.19 COMPUTER SOFTWARE $ 10,296.00 H.1680.0400.2015.20 COMPUTER HARDWARE & EQUIPMENT $ 26,055.00 REV H.0000.5031.2015.19 TRANSFERS FROM GENERAL TOWN FUND $ 10,296.00 A H.0000.5031.2015.20 TRANSFERS FROM GENERAL TOWN FUND $ 26,055.00 A (CAPITAL PROJECT #2015-19) (Increase project budget with $10,296 additional funding to be transferred from General unrestricted fund balance - SEE ATTACHED DETAIL * Original Capital Project Budget: $ 40,000.00 * Funding source: * SERIAL BONDS - 2015 $ 40,000.00 * TRANSFER FR GEN TOWN FD - R.O.B. 9/16/15 $ 10,296.00 A * Revised Capital Project Budget as amended on 9/16/15: $ 50,296.00 (CAPITAL PROJECT #2015-20) (Increase project budget with $26,055 additional funding to be transferred from General unrestricted fund balance - SEE ATTACHED DETAIL * Original Capital Project Budget: $ 33,900.00 * Funding source: TSF FR GEN & AMBUL $ 18,900.00 * SERIAL BONDS - 2015 $ 15,000.00 * TRANSFER FR GEN TOWN FD - R.O.B. 9/16/15 $ 26,055.00 A * Revised Capital Project Budget as amended on 9/16/15: $ 59,955.00 GENERAL TOWN FUND (FUND A): AMEND BUDGET: EXP A.9900.9950 TRANSFER TO CAPITAL PROJECT $ 36,351.00 A REV A.0000.5995 APPROPRIATED FUND BALANCE $ 36,351.00 A * Increase budget with $36,351 of appropr. fund balance to be transferred to Capital Proj. #2015-19 & 2015-20 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 13.Report of Bids – Contract TA-15-09 Hook Lift Truck and Various Truck Bodies On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-15-09 – Hook Lift Truck System to Truis Inc., of New York, in the amount of $261,034.00, 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: Murphy Aye Elkind Eney Aye 14 October 7, 2015 Katz Aye Odierna Aye Seligson Aye 14.Salary Authorization – Confidential Secretary – Town Supervisor On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Sue Odierna to the exempt Civil Service position of Confidential Secretary to the Supervisor which holds the title of Assistant to the Town Supervisor & Sustainability Coordinator, at an annual salary of $51,000.00, effective October 13, 2015. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna RECUSE Seligson Aye 15.Salary Authorization – Town Engineer On motion of Councilman Murphy, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint David Goessl as the Town Engineer effective October 8, 2015 at an annual salary of $107,000.00. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye (INTENTIONALLY OUT OF ORDER Item Affairs of the Town #16 is above) 17.Salary Authorization – IT Director and Webmaster On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Rosalind Cimino as the IT Director & Webmaster effective October 8, 2015 at an annual salary of $85,000.00. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 18.Salary Authorization - Assistant Court Clerk 15 October 7, 2015 On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Leticia Pardo as the full-time Assistant Court Clerk at an annual salary of $54,091.00. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 19.Change October Town Board Meeting Date On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby change the October 21, 2015 Town Board Meeting date to Monday, October 19, 2015. 20.Amend the 2016 Budget Calendar On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby amend the 2016 Budget Calendar as follows: th a)Friday, October 30 the Town Board will begin at 10:00am (originally 8:00am) thth b)The Monday, November 9 meeting is changed to Wednesday, November 11, time and location TBD APPROVAL OF MINUTES – September 2, 2015 and September 16, 2015 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 meetings of September 2, 2015 and September 16, 2015. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Murphy had nothing further to add beyond what the Supervisor has reported. th Councilman Odierna attended the Zoning Board Meeting on September 16, after the Town Board Meeting adjourned, adding that he was able to see the end of the meeting. Councilman Odierna noted the well- attended charrette held by the Town’s Sustainability Collaborative, noting that it was a wonderful event nd On September 22, Councilwoman Elkind Eney attended the Summit, the topic was revitalization of the th business district in Larchmont. On September 26 she attended the Larchmont 125 Kick off which included 16 October 7, 2015 the Ryder's Children's Garden Dedication, Street Festival, Big Truck Day, Arts Festival and Founders Cocktail th Party. Councilwoman Elkind Eney attended on September 27 the At Home on the Sound Bocce Festival at th our own Bocce Court, noting the team from Larchmont Temple won. One September 29 she attended the ‘Developing a Community Grid’ at the Mamaroneck Library and the Recreation Commission Meeting at nd which they reviewed the budget. She noted the Rink is now open. On October 2 Councilwoman Elkind th Eney attended the 90 Anniversary of the Woman's Club of Larchmont as well as the Town of Mamaroneck rd Fire Department Inspection Dinner. On October 3 Councilwoman Elkind Eney attended the Sustainability th Charette and on October 5 the Fire Council meeting. Mr. Maker noted that at the Fire Department Inspection Dinner, our own Frank Giordano’s son, Joseph Giordano, received the Firefighter of the Year Award. Congratulations to Frank and his family. ADJOURNMENT On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the meeting was unanimously adjourned at 10:35 PM ________________________________ Submitted by Christina Battalia, Town Clerk 17