HomeMy WebLinkAbout2013_02_06 Town Board Minutes
FEBRUARY 6, 2013
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON FEBRUARY 6, 2013, BEGINNING AT 4:30PM IN
CONFERENCE ROOM A AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE
TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK
PRESENT:
Supervisor Nancy Seligson
Councilwoman Phyllis Wittner
Councilman Ernest C. Odierna
Councilwoman Abby Katz
Councilwoman Jaine Elkind Eney
ALSO PRESENT: Christina Battalia, Town Clerk
Stephen V. Altieri, Town Administrator
William Maker, Jr., Town Attorney
CALL TO ORDER - WORK SESSION
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Work Session was
unanimously opened at 4:30PM.
TAKEN OUT OF ORDER
Update – Weaver Street Bridge Project
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Mr. Altieri stated that the project has been moved up to June 1 and will take 90 – 120 days to complete.
This earlier start date is due to have an effect on the schools through the month of June. The Fire
Department has their alternative routes in place and the Town will be meeting with the Department of
Transportation (DOT) in a few weeks. The DOT will be in charge of press releases and public awareness.
The plastic fencing that has been an issue for some time has been addressed with Metro North in an
attempt to have this work done by them simultaneously.
Model Housing Ordinance
Additionally Present: Rose Noonan, Housing Action Council Executive Director, Tiffany Zezula, Managing
Director of Pace University Land Use Law Center, Rick Cherry, Chair of the Town of Mamaroneck Housing
Authority, Sal Iacono, Treasurer for the Town of Mamaroneck Housing Authority and Anna Danoy, Town of
Mamaroneck Director of Community Services and Housing.
Supervisor Seligson welcomed Ms. Noonan and Ms. Zezula, adding that they were invited this evening to
walk the Town Board through the details of the Model Housing Ordinance with respect to what other
communities are doing. Ms. Noonan distributed a spread sheet outlining the provisions of the Model
Housing Ordinance and how other Westchester Municipalities have addressed the provisions with respect
to their own ordinances’. Supervisor Seligson noted that she has met with representatives of Westchester
County and has informed them that the Town of Mamaroneck is working on an adoption of a Housing
Ordinance, as well as a Zoning Amendment, to add Residential zoning in our businesses areas.
Housing Authority – Rick Cherry Update
Additionally Present: Rick Cherry, Chair of the Town of Mamaroneck Housing Authority and Sal Iacono,
Treasurer of the Town of Mamaroneck Housing Authority
Mr. Cherry and Mr. Iacono gave the Town Board an update on the Housing Authority and its financial
condition, as well as current and future capital projects for the Hommocks Apartments. It was noted that
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FEBRUARY 6, 2013
the Hommocks Apartments do not fall under the County requirements for the Housing Settlement and
should the Authority accept the Model Housing Ordinance, the current units could be counted toward the
Housing Settlement. The Board also discussed the current Section 8 status at the Apartments and whether
more units could be added.
Health Insurance
The Town Board continued their discussion of Health Insurance Coverage in Retirement for Elected
Officials. Mr. Maker stated that he has been working on revisions based on the discussions from the last
Town Board Meeting. The Town Board again discussed the contribution at retirement and Mr. Maker was
asked to draft a resolution with a 50% contribution instead of a zero contribution.
NEW BUSINESS
Plastic Bag Ban
Supervisor Seligson notified the Town Board that letters were mailed to the businesses in the Town
notifying them of the Town’s discussions with respect to a ban on plastic bags.
Appointments to Boards & Commissions
Supervisor Seligson stated that she would like to invite some of the individuals who have submitted
resumes for various Boards and Commissions to attend the next work session.
Misc Meetings
Supervisor Seligson noted her attendance at meetings regarding the Hampshire Country Club Development,
as well as the Village of Larchmont Dissolution of the Town of Rye Task Force.
Discussion – FGEIS – Zoning
The Town Board discussed the next steps with respect to this Zoning Amendment and how best to address
the concerns and comments received. The Board will ask Mr. Fish to review the comments and prepare a
price quote for preparing a Final Generic Draft Environmental Impact Statement.
Energy Performance Contracts
The Town Board discussed an alternative form of financing and construction of the Hommocks Ice Rink
renovations through what is known as an Energy Performance Contract. The Board reviewed a memo dated
February 1, 2013 from Mr. Altieri explaining this option. Mr. Altieri wrote that “there are energy
performance firms that will offer to provide guarantees on energy savings based upon the customer, in this
case the Town, making building or facility improvements meant to improve its energy efficiency”. Mr.
Altieri also noted that with an energy performance contract the bidding process is streamlined.
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Board unanimously agreed
to enter into an Executive Session to discuss retention of counsel for the in rem foreclosures, Fire Fighter’s
Collective Bargaining Unit and the Retention Agreement for the Town Attorney.
EXECUTIVE SESSION
In Rem Foreclosures
Fire Fighter’s Collective Bargaining Unit
Retention Agreement for the Town Attorney
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FEBRUARY 6, 2013
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Board unanimously agreed
to resume the Regular Meeting.
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Supervisor Seligson at
8:45 PM, she then pointed out the location of the exits.
SUPERVISOR’S SUMMARY REPORT
Supervisor Seligson noted that the Town Board met for a Work Session beginning at 4:30 o’clock this
evening, adding this is an open meeting that all residents’ are welcomed to attend.
Supervisor Seligson noted the presence this evening of representatives from GAR Associates, the Office of
Real Property Tax Services, and the Town of Mamaroneck for the Presentation this evening on the
Homestead Option with respect to Reassessment. The Town has been involved in meetings regarding the
Rye Dissolution Study, adding that the Town is actively working on discussing the impacts of such a change.
Rye Town Supervisor Joe Carvin and State Senator George Latimer, were present at the Summit Meeting to
discuss the Town of Rye Dissolution Study. Supervisor Seligson stated that the Study did not include
impacts to the Town, only to other communities, stating that this needs to be addressed. The Hampshire
Country Club development is under great discussion with potential impacts to the Town. The Town
Supervisor and Town Administrator have met with the developer, adding the developer has not filed any
applications to proceed. The Town Village School (TVS) Officials recently met and of most prominence
during those discussions’ was school security. The Town experienced a mini disaster this week when a tree
fell on Alden Road and took down four transformers and six poles. This set off fires and knocked out power
to many residents. Fortunately, the response was swift. On a happier note, the Town held an Employee
Recognition Luncheon in which years of service to the Town was recognized. Of significance was the
recognition of Youth Officer Bob Reynolds for serving 35 years with the Town Police Department.
CITIZEN’S COMMENTS
None
PRESENTATION – GAR Associates – Disclosure Statement Workshop
Cindy Baire and David Barnett of GAR Associates Inc. presented a PowerPoint presentation regarding the
upcoming mailing of the New York State Official Assessment Disclosure Notice for property owners, the
Informal Review process and the upcoming Work Shops.
Information can be obtained by visiting www.mamaroneckassessment.com
www.tax.ny.gov/pit/property, or calling 1-866-910-1776.
PUBLIC HEARING (S) – Amendment to the Veteran’s Exemption Legislation
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 January
23, 2013, a Public Hearing will be held on Wednesday, February 6, 2013 at 8:00 PM or as soon
thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road,
Mamaroneck, New York to consider veteran’s exemption legislation.
Purpose:
It is recommended that as part of the property revaluation process, the Town should consider
amending its veteran’s exemption legislation allowing the Town to decrease or increase each
veteran’s exemption in proportion to the level of all assessments in relation to a revaluation
or update.
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FEBRUARY 6, 2013
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: January 26, 2013
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Public Hearing was
unanimously opened.
Mr. Altieri explained the purpose of this evening’s Public Hearing, and then Supervisor Seligson asked if
anyone wished to comment on the proposed Local Law.
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was
unanimously closed.
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the following Local law was
approved:
Local Law No. 1 - 2013
This local law shall be known as the “Adjustment of the Section 458 Exemption” Law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
Section 458 of the New York Real Property Tax Law (“Section 458”) affords certain veterans of
military service or certain members of their families who own real property, a limited
exemption from real estate taxes based upon what the statute calls “eligible funds”. Under
section 458, the maximum amount of the partial exemption is $5,000. Since properties in the
Town currently are assessed at only a fraction of their actual value, a $5,000 maximum affords
a veteran a reasonable exemption. However since the Town Board anticipates that the
assessments of real property in the Town will be revalued to reflect their full value in time for
the promulgation of the 2013 tentative tax assessment roll, the exemption allowed by section
458 will be significantly diminished if the maximum amount of the exemption remains fixed at
$5,000.
Subdivision (5) of Section 458 authorizes the Town Board, by local law, to adjust the maximum
amount of the partial exemption which Section 458 allows to reflect revaluation, thereby
continuing to make the exemption produce a reasonable reduction in real estate taxes for
those persons entitled to it. By enacting this local law, the Town Board does just that.
Section 2 – Addition of a new article to a chapter of the Mamaroneck Code:
Chapter 195 of the Code of the Town of Mamaroneck hereby is amended by adding the
following article to it:
Article X --- Adjustment of the Veterans Exemption in RPTL § 458 to Reflect Revaluation (§195-
43- §195-44).
Section 195-43. Purpose. Section 458 of the New York Real Property Tax Law (“Section 458”)
affords certain veterans of military service or certain members of their families who own real
property, a limited exemption from real estate taxes based upon what the statute calls
“eligible funds”. Under section 458, the maximum amount of the partial exemption is $5,000.
Since properties in the Town currently are assessed at only a fraction of their actual value, a
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FEBRUARY 6, 2013
$5,000 maximum affords a veteran a reasonable exemption. However since the Town Board
anticipates that the assessments of real property in the Town will be revalued to reflect their
full value in time for the promulgation of the 2013 tentative tax assessment roll, the
exemption allowed by section 458 will be significantly diminished if the maximum amount of
the exemption remains fixed at $5,000.
Subdivision (5) of Section 458 authorizes the Town Board, by local law, to adjust the maximum
amount of the partial exemption which Section 458 allows to reflect revaluation, thereby
continuing to make the exemption produce a reasonable reduction in real estate taxes for
those persons entitled to it. Through this enactment, the Town Board exercises the right
given to it by Subdivision (5) of Section 458.
Section 195-44. Adjustment in the Section 458 Exemption.
if the total assessed value of the real property for which an exemption pursuant to Section
458 has been granted increases or decreases as the result of a revaluation or update of
assessments, and a material change in level of assessment, as provided in title two of article
twelve of chapter 50-A of the Consolidated Laws of the State of New York, is certified for the
assessment roll pursuant to the rules of the Commissioner of Taxation and Finance, the
assessor shall increase or decrease the amount of such exemption by multiplying the amount
of such exemption by the change in level of assessment factor.
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 Abstain
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 Wittner, the Board of Fire Commissioners was unanimously declared
open.
Present were the following Members of the Commission:
Commissioner: Nancy Seligson
Commissioner: Phyllis Wittner
Commissioner: Ernest C. Odierna
Commissioner: Abby Katz
Commissioner: Jaine Elkind Eney
1. FIRE CLAIMS
On motion of Commissioner Wittner, seconded by Commissioner Elkind Eney, it was
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FEBRUARY 6, 2013
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:
A & M Industrial Supply CO Sensor and Calibration $290.60
A & M Industrial Supply SVC 200 Calibration 75.00
AAA Emergency Supply Mercury Quick Attack Monitor 2,565.00
AAA Emergency Supply White Helmet 268.00
AAA Emergency Supply Repairs to 2 POK Nozzles 189.50
Amazon.Com Flooders & Flashlight Bulb 88.83
Angus Theriault & Sons Repair to Roof From Storm Damage-Hurricane Sandy 1,495.00
Cablevision Cable Service 1/23-2/22/13 143.99
Carrot-Top Industries USA and NYS Flags 185.70
Christopher Pallett Paint for Stenciling and Cable for Network Repairs 129.24
Cleaning Systems Cleaning Supplies 106.40
Clean Air Company Hose/Lower 4 93.00
Foley Hardware Parts for Various Wall Repair 34.78
Foley Hardware Weather Stripping for Back Door 4.99
Foley Hardware Clamp & Mounting Square 3.58
Hi-Tech Fire & Safety Inc. Turn Out Gear Coat & Pants 2,144.94
Ipromoteu Fire Safety Promotions 839.50
Oakland Beach Deli Meals for Interviews 180.40
Poland Springs Drinking Water 12/19-1/18/13 99.96
Proftech Toner 133.91
R & L Consulting Ibackup Online Backup Renewal 199.50
Skell-Gel Hand Sanitizer 40.00
Smith El-Dis-Co Compact Fluorescent Lamps 195.96
Town of Mamaroneck FD Reimb. For Food For Drill 1/15/13 212.98
Total: $9,720.76
The above resolution was put to a roll call vote:
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Odierna Aye
Commissioner Wittner Aye
Commissioner Seligson Aye
2.Other Fire Department Business
Commissioner Wittner reported that due to the elevator being out at the Fire House she was unable to
attend the last Fire Council Meeting. Commissioner Wittner did report that she received the Draft Minutes
of that Meeting. Commissioner Wittner commended the Fire Department for their professional response
to the Alden Road disaster, adding they worked nonstop for 24 hours.
There being no further business to come before the Commission, on motion of Commissioner Wittner,
seconded by Commissioner Elkind Eney, the Commission unanimously adjourned and the Town Board
reconvened.
AFFAIRS OF THE TOWN
1.Capital Project Authorization - Westchester Joint Water Works
On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
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FEBRUARY 6, 2013
RESOLVED, that the Mamaroneck Town Board does hereby approve the
Amendment of the Capital Project & Budget – Water District Improvements, as
outlined in the schedule prepared by the Town Comptroller as follows:
AMEND CAPITAL PROJECT & BUDGET - WATER DISTRICT IMP. 2/6/2013 TOWN BOARD MEETING
CAPITAL PROJECTS FUND (FUND H):
INCREASE BUDGET:
EXP H.8340.0400.2012.12 CAPITAL WATER IMPROVEMENT PROJECTS $ 167,400.00
REV H.0000.5038.2012.12 TRANSFER FROM WATER DISTRICT $ 167,400.00
(CAPITAL PROJECT #2012-12)
* Increase Capital Project Budget with $167,400 transferred from Water District Fund Balance
for the following W.J.W.W. projects:
Increase to Authorization A-1291 (Shaft 22 - 30" Transmission Main Repair - $46,500
New Authorization A-1292 (16" & 30" Transmission Main Repair at Larchmont Dam - $120,900
WATER DISTRICT FUND (FUND SW):
INCREASE BUDGET:
EXP SW.9900.9950 TRANSFER TO CAPITAL PROJECT $ 167,400.00
REV SW.0000.5995 APPROPRIATED FUND BALANCE $ 167,400.00
Increase budget with $167,400 of fund balance appropriated & transferred to Capital Proj. # 2012-12.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
2.Authorization – Settlement Agreement – Police Benevolent Association
WHEREAS, in March of 2012 a grievance was filed by the Town of Mamaroneck Police
Benevolent Association (PBA) on behalf of an employee alleging a violation of the Collective
Bargaining Agreement in connection with the payment of unused vacation upon retirement,
and
WHEREAS, this employee had been injured in the line of duty and was awarded disability
retirement by the New York State Retirement System, and
WHEREAS, after several hearings on the matter, the Town and the PBA have reached an
agreement which under those terms the Town would pay to the employee an amount equal
to $8,000 in the form of a final payroll check.
NOW THERFORE, BE IT
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FEBRUARY 6, 2013
RESOLVED, that the Mamaroneck Town Board does hereby approve the
settlement of the matter and authorize the Town Administrator to execute the
Agreement and pay the settlement amount of $8,000.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
3.Approval of Certiorari
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the following tax
certiorari on the following terms:
Anthony Pecora
6-8 Chatsworth Avenue
Block: 613 Lot: 257.2
Town of Mamaroneck/Village of Larchmont
Year Assessment Amount of Reduction Reduced Assessment
2009 $19,300 $6,275 $13,025
2010 $19,300 $5,000 $14,300
2011 $19,300 $5,150 $14,150
2012 $19,300 $6,250 $13,050
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
4.Report of Bids – TA-13-02 Furnishing Police Uniforms
The following report of bids was entered into the record as follows:
ATTACHMENT A
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the following was approved,
WHEREAS, On January 30, 2013 the Town publicly opened and read two (2) bids for
Contract TA-12-02 Furnishing Police Uniforms.
NOW, THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA- 12-02
Furnishing Police Uniforms to the lowest responsible bidder, New England Uniform, at a total
price of $ $498.00, and unchanged for the years 2013 and 2014, and
BE IT, FURTHER
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FEBRUARY 6, 2013
RESOLVED, that the Town Administrator is hereby authorized to execute said Contract on
behalf of the Town.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Aye
Seligson Aye
APPROVAL OF MINUTES – January 2, 2013
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby approve
the Board Minutes from the Meeting of January 2, 2013.
WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
Councilman Odierna has recently been away, and therefore, had nothing further to report.
Councilwoman Katz attended the Summit Meeting regarding Rye Dissolution and the League of Women
Voters Breakfast regarding energy initiatives given by the Coalition for the Environment. Councilwoman
Katz attended the Traffic Commission Meeting, adding she continues to be impressed with its Members.
Councilwoman Elkind Eney attended the Council of Governments’ with Mr. Altieri, adding it was very
informative and always important to hear how other municipalities respond to the same issues.
Councilwoman Elkind Eney attended the Summit Meeting as well. Councilwoman Elkind Eney noted her
and the entire Councils’ attendance at the wonderful Fire Department Installation Dinner. On a celebrity
note, Councilwoman Elkind Eney attended the Parade for Carly Rose Sonenclar and heard Julie Andrews
speak wonderfully at the Voracious Reader. Councilwoman Elkind Eney attended the Library Meeting,
noting a number of upcoming events including the LegoFest and commended Director Laura Eckley for
keeping everything at the Library on the cutting edge.
ADJOURNMENT
On motion of Councilwoman Wittner, seconded by Councilwoman Katz the meeting was unanimously
adjourned at 10:00 PM
________________________________
Submitted by
Christina Battalia, Town Clerk
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