HomeMy WebLinkAbout2016_08_08 Town Board Minutes
August 8, 2016
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON AUGUST 8, 2016, BEGINNING AT 5:00PM IN
CONFERENCE ROOM D AND CONTINUING AT 8:00 PM IN CONFERENCE ROOM C 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
Connie Green O’Donnell, Assistant Town Administrator
William Maker, Jr., Town Attorney
CALL TO ORDER - WORK SESSION
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Work Session was
unanimously opened at 5:00PM.
TAKEN OUT OF ORDER
Computer Use Policy
Additionally Present: Roz Cimino, IT Director
The Town Board reviewed the current Computer Use Policy drafted by Ms. Cimino. This was added to the
regular agenda for this evening.
Discussion – Pet Dealer Legislation
The Town Board reviewed a letter from George Latimer asking the Town to consider the merits of local
laws regulating pet stores and pet dealers. There was a proposed local law sent with Senator Latimer’s
correspondence. The Town Board felt they did not want any legislation that regulated individual breeders.
The Board asked Mr. Maker to prepare a draft for discussion. Mr. Maker was asked to remove Westchester
County from paragraph (a.).
Review – Rock Removal Law
The Town Board reviewed the current draft legislation. Mr. Maker noted the changes since the last draft
and discussion. The Town Board asked for the removal of jail time under the violations. The Town Board
added the setting of a Public Hearing on this legislation for this evening’s regular agenda.
Update – Cambium Residential Development Project
The Town Board reviewed a memo from Mr. Altieri dated August 4, 2016. Mr. Altieri’s memo addressed; A.
Affordable Rental Units, B. Building Superintendent’s Apartment, C. Façade Improvement - New York
Sports Club Building. Mr. Altieri’s memo outlines clearly the process for renting the affordable units,
additionally, it was clarified that after the Developer leaves the affordable units will be administered by the
Condominium Association. The Board discussed the Building Superintendent’s Apartment as addressed in
Mr. Altieri’s memo. On this evening’s agenda is a referral to the Planning Board and the Board of
Architectural Review, for approval of the façade for the New York Sports Club Building, this is a condition of
the Special Permit.
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August 8, 2016
ADDED ITEM
Tree Permit Appeal (on this evening’s regular agenda)
The Town Board was informed that the Tree Appeal was withdrawn, and therefore making a hearing on an
appeal moot. This led to a discussion of why the Town Board hears these appeals. The Town Board
discussed having the appeals referred to a Land Use Board. Mr. Maker was instructed to draft legislation to
that effect.
TAKEN OUT OF ORDER
Update – Floor Area Ratio
The Town revisited whether they would like to hire Frank Fish to attend a worksession to discuss amending
this law. Mr. Altieri stated that he did address the cost of doing this work with Mr. Fish, who suggested
that in order to keep the cost down, the Town Board should clearly specify the scope of work. The Town
Board agreed that they would like to only address the smaller zones. Mr. Maker suggested that Frank Fish
be given the chart the Town Board discussed a few meeting ago. Specifically, the chart that was prepared
by Alexa, the Town intern, for an analysis by Mr. Fish of what could be amended. The Board also suggested
asking Frank Fish what other municipalities are doing. Mr. Altieri will try and have something for the Board
to review at the September meeting.
In rem Proceedings
Mr. Maker reported that he has received the Order from the Judge in these proceedings. The next step for
the Town is to prepare the Deeds on these properties and then declare them surplus. This could be done at
the first September meeting. Councilwoman Elkind Eney asked if Mr. Maker could prepare a report of the
total cost of the in rem process. The Town Board would like to review these moving forward every five
years. Additionally, Mr. Maker will have Tony Siligato prepare a yearly report of properties that could fall
into in rem.
The Town Board also asked for a loss run from the insurance carrier each year.
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Board unanimously agreed
to enter into an Executive Session to discuss Litigation between the Town of Mamaroneck and Janet V.
Scully.
EXECUTIVE SESSION
Litigation between the Town of Mamaroneck and Janet V. Scully.
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Board unanimously agreed
to resume the Regular Meeting.
Mr. Altieri reported that with respect to the Redwood Nursey situation, the Town is awaiting the results of
the soil testing.
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.
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August 8, 2016
SUPERVISOR’S SUMMARY REPORT
The Town’s summer programs have been going very well. The camps and other recreation
programs have all been well attended and successful summer fun. The last Summer Concert is
tonight in Memorial Park. The Town’s new website is up and running and will provide new
online pay features in the next few weeks. Residents will be able to sign up for recreation
programs, and everyone will be able to pay parking and other violations online. Soon you will
be able to pay your school taxes online too. I co-hosted a radio show this morning on WVOX
with Mike Dandry to talk about sustainability and energy savings.
CITIZEN’S COMMENTS
Supervisor Seligson asked if anyone in the audience would like to address the Board, and there was not.
TREE APPEAL HEARING – 43 Stoneyside Road
The appeal was withdrawn.
BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Odierna,
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.Presentation – Fire Department Insurance Service Office Classification Report
Chiefs’ Chief Noah Goldberg, Deputy Chief Joe Russo and Deputy Chief Paul Tortorella were present to
announce that effective November 1, 2016, the Insurance Services Office, Inc. – Public Protection
Classification (ISO – PPC) has reconfirmed that the Department has retained its Class 2 Rating.
The Town Board commended the Department for maintaining such a professional and well run
Department.
2. FIRE CLAIMS
On motion of Commissioner Elkind Eney, 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:
AT&T Mobility Wireless Service for 6/12 -7/11/16 $360.98
Atlantic Westchester, Inc. Hvac Maintenance 7/19/16 145.00
Bound Tree Medical LLC Sanitizer, gloves - large & extra large 172.00
Cablevision Cable services for 7/23 - 8/22/16 198.04
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August 8, 2016
CIT Finance, LLC Xerox Copier Contract - July 2016 261.56
Chatsworth Cleaners Uniform cleaning 162.83
Collins, Brendan Software 99.00
Carrot -Top Industries Inc. Replace torn flags - Us Flag, NY Flag, POW Flag 208.60
Carrot -Top Industries Inc. Replace torn flags -digital 561.94
Fire Companies.Com, Inc. First due package (monthly access) - (3) months 239.97
Grainger Building supplies - replace fan 103.54
Grainger Building supplies - scrubber spongee, trash bags, etc 243.98
Grainger Replace water nozzle, Building supplies -replace fan 187.29
New England Uniform Adult Tee Shirts and Youth Tee Shirts 1,000.00
New England Uniform Captain badge 70.00
Ready Refresh Rental for water coolers at FD HQ 6/19-7/18/16 114.96
S.G. Fire Protection Kitchen hood cleaning 7/6/16 350.00
Sound Shore Pest Control, Inc. Exterminating services on 6/27/16 65.00
Town of Mamaroneck Fire Dept. Food for July 2016 Fast Drill 240.00
Tony's Nursery Inc. Propane tanks 6/30 & 6/9/16 120.00
Uni First Corp. Cleaning supplies for building 7/8, 7/15, 7/22, 7/29/16 188.94
Villa Maria Pizza New members Explorer Drill meal 7/6/16 61.17
Westch Elevator Services, Inc. Maintenance for month of July 2016 175.00
W J W W 205 Weaver St. water chgs 6/30 - 9/30/16 100.00
0
Total: $5,429.80
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
Commissioner Elkind Eney read the Fire Report for the Month of July as submitted by Chief Goldberg as
follows:
July 2016
ALARM TYPE NUMBER
Generals 39
Minors 32
Stills 3
Out of Town (Mutual Aid) 2
EMS 38
Drills 4
TOTAL 118
Total number of personnel responding: 947
Total time working: 52 hours and 54 minutes
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.
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August 8, 2016
AFFAIRS OF THE TOWN
1. Set Public Hearing – Section 8 Housing Administrative Plan
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public
Hearing on the Section 8 Housing Administrative Plan, for October 5, 2016 at 8:00PM in
the Town Center, 740 West Boston Post Road, Mamaroneck, and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said
hearing in a newspaper appointed as an official newspaper, and that said Notice, be
posted.
2. Referral of Architectural Façade Plan – Cambium Development Project
On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby refer the exterior façade plans for
the commercial building on Madison Avenue adjacent to the Cambium Development to the
Planning Board and Board of Architectural Review.
3. Authorization – IMA – Town of Rye – Assessment Grievance
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the Intermunicipal
Agreement between the Town of Mamaroneck and the Town of Rye, whereby (A) the Town of
Mamaroneck‘s Board of Assessment Review will adjudicate a grievance challenging the
assessed valuation of a property in the Town of Rye and (B) The Assessor of the Town of
Mamaroneck will represent the Town of Rye in that proceeding.
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
4. Request for Reduction in Performance Bond – Durham Road Subdivision
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was approved,
WHEREAS, the Town has received a request from the developer of the Durham Road
Subdivision to reduce the amount of the outstanding performance bond for the public
improvements that were required as part of the subdivision approval, and
WHEREAS, the Town Engineer reviewed the request and in consultation with Westchester
Joint Water Works, established a schedule of value for the bond reduction commensurate
to the work performed, and
WHEREAS, the original performance bond for public improvements was in the amount of
$876,436.00, and
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August 8, 2016
WHEREAS, the modified request is to reduce the performance bond amount to $95,761.50,
in keeping with the recommended schedule of values, and
WHEREAS, the Town Engineer has prepared a listing of all the public improvements that
were constructed in the subdivision, the quantity and value for each improvement, and the
percentage to be held for each item (see The attached spreadsheet) and recommended to
the Town Board that the bond be reduced to $95,761.50, and
WHEREAS, these amounts will be held until such time as the Town agrees to accept the
public improvements.
NOW THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby approve the reduction of the
Durham Road Subdivision Performance Bond to $95,761.50.
SPREADSHEET as ATTACHMENT A
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
5. Authorization – Capital Projects – Purchase of Veterans of Foreign War Building
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby authorize the establishment of
Capital Project #2016-52 Purchase of Veterans of Foreign War Building as detailed by the
Town Comptroller in the following schedule:
ESTABLISH 2016 CAPITAL PROJECT & BUDGET - PURCHASE VFW (SR CTR BLDG)
8/8/2016
TOWN BOARD MEETING
CAPITAL PROJECTS FUND (FUND H):
ESTABLISH BUDGET:
EXPH.1621.0400.2016.52SENIOR CENTER (VFW BLDG)$ 2,230,000.00
REVH.0000.5710.2016.52SERIAL BONDS$ 2,230,000.00
(CAPITAL PROJECT #2016-52)
*Establish Capital Project Budget to properly account for the purchase & associated
expenses related to the Town acquiring 1288 Boston Post Road building/property.
(Bond resolution in the amount of $2,230,000 previously adopted on June 15, 2016.)
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
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August 8, 2016
6. Authorization – Amendment to Capital Project 2016-04 – Roads Curbs & Sidewalks
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby authorize the amendment to
Capital Project #2016-04 Roads Curbs and Sidewalks, in the amount of $168,168, for the road
restoration of East & West Brookside Drives, Mohegan Road and Avon Road, as detailed by
the Town Comptroller in the following schedule:
AMEND 2016 CAPITAL PROJECT & BUDGET - ROADS, SIDEWALKS & CURBS
8/8/2016TOWN BOARD MEETING
CAPITAL PROJECTS FUND (FUND H):
AMEND BUDGET:
EXPH.5110.0400.2016.04ROADS, SIDEWALKS & CURB IMPROVEMENTS$ 168,168.00
REVH.0000.2770.2016.04MISCELLANEOUS - OTHER SOURCES$ 168,168.00*
(CAPITAL PROJECT #2016-04)
(Increase project budget with $168,168 additional funding from Con Edison for the road restoration of East &
West Brookside Drive, Mohegan Rd. and Avon Rd. as per agreement with Town.)
Original Capital Project Budget:$ 853,500.00
Funding source:
TRANSFER FROM HIGHWAY FUND - 2016 BUDGET (C.H.I.P.S.)$ 85,000.00
SERIAL BONDS - 2016 (Resolution adopted 2/17/16)$ 768,500.00
CON EDISON AGREEMENT - R.O.B 8/8/16$ 168,168.00*
Revised Capital Project Budget as amended on 8/8/16:$ 1,021,668.00
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 Odierna, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the following tax
certiorari on the following terms:
Camdell Realty LLC
2082-2084 Boston Post Road
Larchmont, NY 10538
Section/Block/Lot: 6/13/242
Town of Mamaroneck/Village of Larchmont
Year Assessment Amount of Reduction Reduced Assessment
2013 $1,565,000 $ 265,000 $1,300,000
2014 $1,565,000 $ 40,000 $1,525,000
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August 8, 2016
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the following tax
certiorari on the following terms:
Orienta Condominium Associates
490 Bleeker Avenue
Mamaroneck, NY 10543
Block: 946 Lots: 1A through G36
Town of Mamaroneck/Village of Mamaroneck
Year Assessment Amount of Reduction Reduced Assessment
2009
2010 NO REDUCTION FOR 2009 - 2012
2011
2012
2013 $17,768,200 $ 4,518,380 $13,249,820
2014 $17,768,200 $ 4,267,935 $13,500,265
2015 $17,768,200 $ 3,967,500 $13,800,700
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
8. Authorization – Computer Use Policy
On motion of Councilman Murphy, seconded by Councilwoman Katz, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the Computer Use Policy.
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
9. Set Public Hearing – Amendment to Rock Removal Law
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public
Hearing on the “Amendment to Rock Removal Law” for September 7, 2016 at 8:00PM
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August 8, 2016
in the Court Room of the Town Center, and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said
hearing in a newspaper appointed as an official newspaper, and that said Notice, be
posted.
APPROVAL OF MINUTES – Deferred
WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
The Town Board Members reported on their various activities and meetings since the last Town Board
Meeting.
ADJOURNMENT
The Meeting was adjourned in memory of Bill Capadano, an important citizen in our Community. Mr.
Capadano was a devoted member of the VFW, working hard on outreach, and always being generous with
his time and his talents. Our condolences go out to his family and friends.
On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the meeting was unanimously
adjourned at 8:50 PM
________________________________
Submitted by
Christina Battalia, Town Clerk
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