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HomeMy WebLinkAbout2016_12_07 Town Board Minutes December 7, 2016 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON DECEMBER 7, 2016, 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 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 Councilman Odierna, the Work Session was unanimously opened at 5:00PM. TAKEN OUT OF ORDER 1.Update – 2017 Reassessment Project Additionally Present: Tony Siligato, Town Comptroller and Pamela Valenza, Town Assessor The Town reviewed a memo from the Town Assessor, dated December 7, 2016, discussing the plans for the 2017 Reassessment Update. The Town is working with GAR Associates. Ms. Valenza recapped for the Town Board the history from 2014 through 2016, specifically the data collection, and adjustments to certain neighborhoods. Ms. Valenza emphasized that for 2017 the Town will be conducting a total reassessment in order to adhere with the NYS ORPTS Standards. The Board reviewed the data mailers being mailed as well as a prepared informational video. Ms. Valenza stated that essentially what is different this year than previous years is the data mailer and State requirements, as much of the work has been done each year. Overall property owners will not see a major change in their assessments. The Town Board asked for a review after the data from the mailers has been received and inputted, in order to prepare the Town Board for any questions Town wide. 2.Review of Proposed Bike Lane Study The Town Board began the discussion without Mr. Green who arrived later. The Town Board reviewed the proposal from Sam Schwartz Engineering, D.P.C. This firm was engaged by the Sustainability Committee to “provide technical advising services related to the planning, design and implementation of one or more bicycle routes within the Town.” The proposal is for $5,000. Supervisor Seligson stated that the original study done by the Complete Streets Program through PACE University was the basis for the initial thinking for this proposal. The Town Board would like to proceed with clearer involvement from the Town Board. The Board will continue this discussion when Mitch Green, the Sustainability Committee Chair arrives. 3.Review – 2017 Preliminary Sanitation Commission Budget Mr. Altieri presented the 2017 Preliminary Sanitation Commission Budget via his transmittal letter dated 1 December 7, 2016 October 12, 2016 to the Town Supervisor and Larchmont Village Mayor. The Board discussed exploring with the Village of Larchmont ending curbside pickup and or less frequency of pickups. Mr. Altieri stated that effectively the Commission is run very well, so in order to see significant budgetary reductions, services would need to be addressed. (REVISITED DISCUSSION) 2. Review of Proposed Bike Lane Study Additionally Present: Mitch Green, Chair of the Sustainability Committee Mr. Green began by stating that a more walkable and bikable community has been a passion of the Sustainability Committee since its beginnings. Mr. Green also noted that the Village of Larchmont recently passed a bike lane legislation. Mr. Green discussed the key destinations that the Sustainability Committee would like the consultant to start looking at; the Larchmont Train Station, Murray Avenue School and Hommocks Middle School. The proposal is for funds from the 2016 Budget, allocated to the Sustainability Committee, be used to fund the $5,000 consulting fee. The Board stated that they would like to see any and all presentations that are received. Supervisor Seligson stated that with all that has been done to date, this is a very good next step. Mr. Green stated that the next meeting of the Sustainability Committee will th be January 10, and in general they meet the first Tuesday of every month. 4.Review of Proposed Traffic Committee Recommendations Deferred ADDED ITEMS Supervisor Seligson noted that she and Mr. Altieri presented the Town Budget to the Village of Larchmont, and will do the same for the Village of Mamaroneck in January. Mr. Altieri gave a brief update on the work being done at the Town Center parking lot. 5.Update – Town Law Re: Banning of Weapons The Town Board reviewed the current Town Firearm Legislation and whether changes are appropriate in light of the current environment. Mr. Maker will work with the current penal code and draft legislation reflecting the Town Boards desire to ban firearms from Town owned properties. The legislation would exclude Law enforcement. Mr. Altieri will discuss this with counsel. 6.Review of Insurance Loss Runs Deferred 7.Update – Control of Coyotes The Town Board reviewed a memo from Liz Paul, the Town’s Environmental Planner, discussing recent events involving coyotes living on the Hampshire Country Club property. A resident’s dog was recently killed by a coyote. There is concern among the residents in that area, and they would like action taken to remove the coyotes. Ms. Paul’s memo addresses her conversation with the NYSDEC regarding options. The use of snare traps seems dangerous to children or other animals, and relocating coyotes is illegal. At this point it appears there is not much the Town can do about this. 2 December 7, 2016 8.Discussion – Taxi Voucher Program The Board discussed a request from Lois Fenton for the Town to initiate a taxi voucher program. Anna Danoy, Director of Community Services and Housing, prepared a memo for the Board to reviewing the previous program, the difficulties encountered with running it, and why the Town decided to cancel the program. After discussion the Town Board was not in favor of reinstating this program. 9.New Business The Town Board reviewed the memo regarding the Sewer Rent fee. On motion of Councilman Murphy, seconded by Councilwoman Katz, the Board unanimously agreed to enter into an Executive Session to discuss Litigation and Sale of Land. EXECUTIVE SESSION Litigation Sale of Land On motion of Councilman Murphy, seconded by Councilman Odierna, the Board unanimously agreed to resume the Regular Meeting. ADDED ITEM Councilman Murphy received a call from County Legislator, Katherine Parker asking for the history of the Tri-municipal Human Rights Commission. Legislator Parker addressed recent calls she received from residents in her jurisdiction regarding hate crimes. Ms. Parker was seeking information as to why the Town changed the Commission into a Committee. The Board discussed that the establishment of the County Human Rights Commission residents would be better served by the County rather than a local commission. Therefore, the local commission was changed to a committee and after several years run by residents separately from the municipalities. The Board discussed that with the establishment of the County Human Rights Commission, and the inability for a local Commission to be significantly effective, the Commission was abolished, and residents within the Community formed a Human Rights Committee. 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 Supervisor’s Report December 7, 2016 The Town Board has completed its budget review process with meetings that were open to the public, and is ready for the public hearing tonight. I previewed the budget in my November E- Newsletter that I hope everyone will sign up for on our website. Steve Altieri will give an in-depth 3 December 7, 2016 presentation of the budget right after this report. I will just give you the brief headlines: the Preliminary budget presents a 1.8% increase in the day-to-day contractual expenses of the Town. However, the total tax increase is 4.8% primarily due to debt payments for recent borrowing for infrastructure improvements and State-mandated increases for employee benefits. The sewer pipes, roads, Town buildings, and drinking water infrastructure are old and need repair and improvements. We intend to maintain the high level of services provided to residents. The 4.8% tax rate increase translates into a $305 tax increase for the average homeowner in the unincorporated section of the Town of Mamaroneck. This corresponds with a 2% decrease in Town taxes for residents of the Villages of Larchmont and Mamaroneck, which equates to a $12 decrease. The increase this year for the unincorporated residents versus the decrease for Village residents is due to the fact that the majority of the infrastructure lies within the Unincorporated area. Also, the largest portion of our employee benefits expense is in the unincorporated budget. In Town staff news, Maria Gallagher, Director of Senior Programs and Kathy Flynn, Deputy Director of Senior Programs, were both inducted into the Westchester County Senior Citizen Hall of Fame for their wonderful work with seniors. Surprisingly, they both qualify as senior citizens themselves. There was a WC Senior Citizen Hall of Fame luncheon to celebrate last Friday. The staff held a goodbye party for David Goessl, the Town Engineer, who is leaving to work in Scarsdale. David has done a great job and we will miss him. Steve and Connie have already begun working to hire a new engineer. I would like to talk about property reassessment for a minute. As I hope you all know, the Town conducted a reassessment program in 2013 for the first time since 1968. That allowed the Town to adopt an assessment role of 100% of value instead of a fractional amount as was used in the past. In order to keep the values at 100%, the Town must annually update its assessment role, and every 4 years conduct a more thorough update. 2017 is that fourth year. In mid-December you will receive a data mailer from the Town. You will be asked to return it by January 30, 2017. I mentioned at the last TB meeting that we would produce an informational to help communicate about the process. You will be able to access it on the Town’s website under the media center and we are going to show it now. We were proud of how well the reassessment went in 2013. On a fun environmental note, several Town staff got to test drive an electric BM car. BMW is looking to market a workhorse electric car for municipal use. If they can offer a low enough price, the Town might be able to take advantage of it. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board, and there was not. PRESENTATION – REASSESSMENT INFORMATIONAL VIDEO The informational video for residents’ of the Town was shown. The video will be available on the Town’s website tomorrow. PUBLIC HEARING – 2017 Preliminary Town Budget & Fire District No 1 Budget The following Notice of Public Hearing is entered into the record as follows: PRELIMINARY 2017 TOWN BUDGET and PRELIMINARY TOWN OF MAMARONECK FIRE DISTRICT No 1 BUDGET TOWN OF MAMARONECK, NEW YORK NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Town Board, also serving as the Board of Fire Commissioners of the Town of Mamaroneck, New York, on Wednesday, December 7, 2016 at 8:00 PM, in the Court Room of the Town Center, 740 West Boston Post Road, Mamaroneck, New York to consider the Town’s Preliminary Budget and the Mamaroneck Fire District Preliminary Budget for the calendar year commencing January 1, 2017 and ending December 31, 2017. All citizens are invited to attend and provide written and oral comments and ask questions concerning the Preliminary Budgets. The Preliminary Budgets can be inspected by the public from 8:30 AM to 4:30 PM, beginning Thursday, December 1, 2016 in the Town Clerk’s Office, Town Center, 740 West 4 December 7, 2016 Boston Post Road, Mamaroneck, New York. The 2017 Preliminary Budget may also be viewed on the Town’s website www.townofmamaroneck.org PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town Board are as follows: Supervisor, $38,637; Town Council (4) $6,182 each and the proposed salary for the Town Clerk is $94,517 and the Town Justices (2) $21,636 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Stephen V. Altieri Budget Officer To be published: November 30, 2016 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Mr. Altieri presented a PowerPoint presentation of the Preliminary Budget, highlighted by his Budget Transmittal Letter as follows: ATTACHMENT A Supervisor Seligson asked if anyone wished to comment on the Preliminary Budget. Robert Moskin, of 75 Carleon Avenue, asked for an explanation of surplus and employee benefits. Diane Blum, also of 75 Carleon Avenue, asked how or if the Villages are taxed for infrastructure. The Town Board Members’ thanked the Town staff, especially Mr. Altieri and Mr. Siligato, for their hard work and diligence preparing the 2017 Budget. Supervisor Seligson explained that the Town Board cannot vote on adopting a final budget this evening. In order to vote on the final adoption the Override of the Tax Levy Legislation must be enacted. That public hearing will be next. PUBLIC HEARING – “Override the tax levy limit established in General Municipal Law 3-c” 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 November 2, 2016 a Public Hearing will be held on Wednesday, December 7, 2016 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: “Override the tax levy limit established in General Municipal Law 3-c” Law. Section 1 – Purpose: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Mamaroneck pursuant to General Municipal Law § 3-c, and to allow the Town Board to adopt a budget for (a) town purposes, (b) fire protection districts and (c) any other special or improvement district governed by the town board for the fiscal year 2017 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c. The full text of this law can be viewed on the website or copies can be 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 5 December 7, 2016 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: November 9, 2016 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson explained the need for this measure as a legislative legal preliminary step that must be in effect should the Town Board decide to override the tax levy limit for the 2017 Budget. Supervisor Seligson asked if anyone wished to comment on the proposed legislation, and there was none. On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously closed. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following Local law was approved: Local Law No. 11 - 2016 This local law shall be known as the “Override the tax levy limit established in General Municipal Law 3-c” Law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Mamaroneck pursuant to General Municipal Law § 3-c, and to allow the Town Board to adopt a budget for (a) town purposes, (b) fire protection districts and (c) any other special or improvement district governed by the town board for the fiscal year 2017 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c. Section 2- Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the members of the town board. Section 3- Tax Levy Limit Override The Town Board hereby is authorized to adopt a budget for the year 2017 that requires a real property tax levy which exceeds the limit specified in General Municipal Law, §3-c. Section 4 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 6 December 7, 2016 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 Murphy, seconded by Commissioner Elkind Eney, 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 Councilman Odierna, seconded by Commissioner Councilman 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: AT & T Mobility Wireless Service for 10/12/16 - 11/11/16 $ 393.50 AAA Emergency Supply Co. Tubular Webbing $ 59.60 AAA Emergency Supply Co. CO Gas Meter, Rechargeable flashlight, lighting modes and strobes $ 479.00 Atlantic Westchester, Inc. HVAC maintenance - change contractor $ 274.10 Cablevision Cable Services for 11/23/16 - 12/22/16 $ 203.31 CIT Xerox Copier contract for November 2016 $ 261.56 Clean Air Company, Inc. Repair to firehouse exhaust system $ 1,374.60 FireCompanies.Com First due package (monthly access) $ 209.97 Grainger Building supplies $ 323.60 Inter-State Diagnostics, Inc. Physical Examination for Connors & Maisel, Starpoli & Volpe $ 970.00 Ready Refresh Rental for water coolers at FD HQ 10/19/16 - 11/18/16 $ 114.96 Town of Mam'k PFFA Life Ins for the Career Staff for the mo. of Nov. 2016, 12 Firefighters (3) pay periods $ 282.96 Town of Mam'k Fire Dept. Monthly Department Drill supplies 11/15/16 $ 90.65 Town of Mam'k Fire Dept. Batteries for Scott Pak flow testing $ 119.89 Uni First Corp. Cleaning supplies for building 11/11, 11/18, 11/25/16 $ 117.69 United Overhead Door Corp. Fire HQ svc 10/10 - 11/9/16 $ 412.50 $ - $ - $ - Total: $ 5,687.89 7 December 7, 2016 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 November as submitted by Chief Goldberg as follows: November 2016 ALARM TYPE NUMBER Generals 47 Minors 28 Stills 3 Out of Town (Mutual Aid) 3 EMS 52 Drills 6 TOTAL 139 Total number of personnel responding: 1110 Total time working: 70 hours and 10 minutes 3. New Business Commissioner Elkind Eney reported that there will be an election tomorrow evening for Fire Department Officers, adding a special thank you to Chief Noah Goldberg for leaving the Department in a better shape than when he began his appointment as Chief, adding this is something all Chiefs’ strive to accomplish. There being no further business to come before the Commission, on motion of Commissioner Katz, seconded by Commissioner Elkind Eney, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1.Appointment – Board of Assessment Review DEFERRED 2.Authorization – Bike Lane Study Supervisor Seligson explained that the Town Board met during Worksession with Sustainability Committee Chair, Mitch Green to discuss the hiring of a consultant to continue the work of the Complete Streets Program through PACE University, to establish bike routes in the Town. The analysis will begin with three areas in the Town; the Train Station, Hommocks Middle School and Murray Avenue School. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was 8 December 7, 2016 RESOLVED, that the Mamaroneck Town Board does hereby approve the Contract with Sam Schwartz Engineering D.P.C, in the amount of $5,000.00, to provide Technical Advising Services related to the planning, design and implementation of one or more bicycle routes within the Town, and BE IT, FURTHER 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: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 3.Authorization – Construction Management Contract Town Center Parking Lot Project On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was approved, WHEREAS, as the Town Engineer prepares to leave the Town, alternative arrangements need to be made for the management and inspection of the project for the renovation of the Town Center Parking Lot. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby accept the proposal from Calgi Construction Management, in the amount of $72,450.00, to provide the necessary construction management services relative to the Town Center Parking Lot and Grounds Improvement Project, and BE IT, FURTHER 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: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 4.Set Public Hearing – 2017 Sewer Rent Rates On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “ Sewer Rent Rate – 2017”, for December 19, 2016 at 8:00 PM at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, 9 December 7, 2016 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. 5.Authorization – Engagement Letter – Special Counsel Workers’ Compensation On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Engagement Letter with Coughlin & Gerhart, LLC, to perform legal services relative to general labor & 207 matters, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said Engagement Letter 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 6.Authorization – Transfer of Funds – Fall Tree Planting Program On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Budget amendment and the transfer of funds in the amount of $680.00, from the Town’s Tree Fund, T-97 to A-8510-4178, for the purchase of dedication plaques for the tree planting program this year, as detailed by the Town Comptroller in the following schedule: GENERAL TOWN WIDE FUND (FUND A): INCREASE BUDGET: A.0000.5041 TRANSFERS FROM TRUST FUND $ 680.00 A.8510.4178 PLANTS / TREES/ MOSQUITO CONTROL $ 680.00 * (REPRESENTS USE OF TREE PLANTING FUND DONATIONS FOR PURCHASE OF DEDICATION PLAQUES FOR FALL TREE PLANTING) * TRUST A/C # T.0000.0097 (TREE PLANTING FUND) $ (680.00) The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 10 December 7, 2016 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: 211 Mamaroneck Avenue Associates, LLC 211 Mamaroneck Avenue Section/Block/Lot: 9-6-92 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2009 $32,200 $7,200 $25,000 2010 $32,200 $7,200 $25,000 2011 $32,200 $7,200 $25,000 2012 $32,200 $7,200 $25,000 2013 $2,425,000 NO REDUCTION 2014 $2,425,000 NO REDUCTION 2015 $2,425,000 NO REDUCTION 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 Councilman Odierna, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the Meeting of November 16, 2016. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the meeting was unanimously adjourned at 9:40 PM ________________________________ Submitted by Christina Battalia, Town Clerk 11