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Home My WebLink About2017_04_19 Town Board Minutes April 19, 2017 TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY APRIL 19, 2017 THE TOWN BOARD WILL CONVENE - AT 5:00PM, IN CONFERENCE ROOM A TO DISCUSS: 1.Request for Executive Session 2.Presentation – Bicycle Lanes 3.Update – Residential Sewer Lateral Regulations 4.Update – Westchester Joint Water Works Projects 5.Review – New York State Budget - Highlights 6.Human Rights Committee 7.New Business 8. 8:00PM CALL TO ORDER - Courtroom SUPERVISOR’S REPORT CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1.Authorization – Sale of Surplus Fire Equipment 2.Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1.Salary Authorization – Highway Department 2.Authorization – Transfer of Funds – IT Budget 3.Resolution – In Rem Proceeding 4.Consideration of Certiorari APPROVAL OF MINUTES – April 5, 2017 REPORTS OF THE COUNCIL TOWN CLERK’S REPORT NEXT REGULARLY SCHEDULED MEETINGS – May 3, 2017 & May 17, 2017 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator’s office at 381-7810. 1 April 19, 2017 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON APRIL 19, 2017, 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 Katz, seconded by Councilman Murphy, the Work Session was unanimously opened at 5:00PM. ADDED ITEM 2017 Westchester Sewer District Tax Supervisor Seligson and Mr. Altieri informed the Town Board that the Town experienced a situation in which 740 properties were misclassified in their in their specific sewer district. The letter that was sent to those residents to explain the noticeable change in property taxes paid for Westchester County Sewer District services was distributed to the Town Board, and entered into the Minutes as: ATTACMENT A 1. Request for Executive Session On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Board unanimously agreed to enter into an Executive Session to discuss, a legal retainer agreement. EXECUTIVE SESSION Legal Retainer Agreement On motion of Councilwoman Katz, seconded by Councilman Murphy, the Board unanimously agreed to resume the Regular Meeting. 2. Presentation – Bicycle Lanes Additionally Present: Members of the Sustainability Committee, Mitch Green and Steve Moser. Mike Flynn, Director of Active Transportation, and the consultant to the Sustainability Committee. Mr. Moser began the discussion with a recap of the work previously done over the last few years through the Complete Streets Initiative. As a beginning for this evening’s discussion, Mr. Moser distributed the Town Board’s resolution of August 2014, in which the Town adopted the Complete Streets policies. Mr. Moser introduced Mike Flynn, Director of Active Transportation, and detailed some of experience Mr. Flynn has in the area of transportation improvements to accommodate and improve safety for bicycles. Mr. Flynn gave a visual presentation to the Town Board of potential bike routes, evaluation of these options, 2 April 19, 2017 proposed short term projects and key next steps. Mr. Moser stated that Palmer Avenue and North Chatsworth are key streets for the Town to look at, adding that the Sustainability Committee would like to give these two streets to Mike Flynn for a more detailed plan. Mitch Green added that the Sustainability Committee would also like to give the Traffic Committee the same presentation the Town Board just received, noting that the Recreation Department received the presentation last night. TAKEN OUT OF ORDER 6. Human Rights Committee Meeting The Town met recently with the Human Rights Committee of Larchmont/Mamaroneck, and the Community Resource Center (CRC). The meeting was similar to the one recently held with Indivisible. Similar to the Indivisible meeting, Police Chief Richard Rivera distributed and spoke of the Town’s Standard Operating Procedures, and how these policies are in line with the Town of Mamaroneck’s public statements regarding immigration enforcement. The CRC also asked the Town to consider helping residents’ find a pathway to receiving a driver’s license. 3. Update – Residential Sewer Lateral Regulations The Town Board reviewed a memo from Mr. Altieri dated April 12, 2017. Mr. Altieri stated that the remaining question is “how the Town should regulate the inspection, maintenance or replacement of private sanitary sewer laterals entering the Town’s sewer system” Mr. Altieri suggests the Town do another evaluation after the repairs have been made. Mr. Altieri is also suggesting the Town require inspection of sewer lateral lines upon transfer of ownership, adding that this would round out the discharge compliance law. It was noted that the Village of Mamaroneck is considering legislation that would require homeowners to videotape lateral lines every ten years. Mr. Altieri reminded the Town Board that the Intermunicipal Agreement (IMA) requires study and repair by all four municipalities in the IMA. The Board asked Mr. Maker to draft legislation for Town Board review. 4. Update - Westchester Joint Water Works Supervisor Seligson noted that the memo given to the Town Board was a memo distributed to the Westchester Joint Water Works Board at their recent meeting. Supervisor Seligson stated that she felt it was worth sharing with the Town Board because it a was a good written update. Supervisor Seligson would like to keep the Board updated on a continual basis. Supervisor Seligson stated that she found an error in the auditor’s report, adding that O’Connor Davies will be correcting and reissuing the Financial Report. 5. Review – New York State Budget – Highlights Supervisor Seligson asked Mr. Altieri to summarize for the Town Board sections of the New York State Budget that most impact the Town. Mr. Altieri prepared a memo which stated the key areas as Labor- Worker’s Compensation Reform, State and Municipal Facilities program, Water and Transportation Infrastructure. Mr. Altieri also distributed a detailed memo explaining the Governor’s modified countywide shared services tax savings proposal. ADDED ITEMS th On April 26the Town will hold another auction for the in rem property at 59 Mohegan Road. There will be nd an open house on April 22. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Board unanimously agreed to enter into an Executive Session to discuss the sale of property at 59 Mohegan Road. EXECUTIVE SESSION Sale of Property at 59 Mohegan Road 3 April 19, 2017 On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Board unanimously agreed to resume the Regular Meeting. Supervisor Seligson announced that the Town would like to honor Dolores Battalia and Caroline Silverstone th for their work with affordable housing. This will take place at the May 17 Town Board Meeting. The reception will begin at 7:00pm outside the Courtroom, with the presentation of awards at 8:00pm in the Courtroom. Mr. Altieri stated that a veteran organization has donated lights for the War Memorial at Myrtle Blvd. The Highway Department has installed the lights, and the Town Board is being asked to view them tomorrow night between 8:00pm and 10:00pm. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:30 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 I hope everyone had nice holidays over the past few weeks and that everyone enjoyed the school vacation. I have many announcements of upcoming events for the busy month of April. nd Earth Day is Saturday May 22 and we have a cleanup of the Hommocks Conservation Area scheduled from 10:00 to 12:00. The Sustainability Collaborative will have a table at the Sheldrake Environmental Spring Festival from 11:00 to 3:00 and will be selling rain barrels, rakes and rd recycle bins. You can pay with cash or check. On Sunday April 23, the Town is holding its annual th Bunny Hop race from Memorial Park. Friday April 28 is Arbor Day and the Town will be th celebrating its 25 anniversary as a Tree City USA at the VFW with a tree planting at 3:30. We will honor the veterans with a plaque at the tree planting. The Town has been investigating bike lanes and two members of the Sustainability Collaborative will be LMC-TV’s Local Live to talk about bike lanes on May 4th. We plan to honor Dolores Battalia and Caroline Silverstone on May th 17 before our Town Board meeting for their work in affordable housing. We had a TVS meeting yesterday with the chief elected officials and managers of the three municipalities, and the school superintendents and school district managers. We discussed the statements on immigration from all three municipalities as well as ongoing projects and issues. The TMPD Chief of Police joined Steve Altieri and me to meet with the Human Rights Committee of Larchmont and Mamaroneck to discuss the Town’s position and statement as well. The Town recognized an administrative mistake in the classification of sewer district for 740 households recently. We have sent a letter to all affected households to clarify the situation. Town and County taxes are due at the end of the month, but since the last day of the month, April thst 30, is a Sunday, taxes may be paid on Monday May 1. If you are mailing your tax payment, the st package must be postmarked no later than May 1. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board, and there was not. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Board of Fire Commissioners was unanimously declared open. 4 April 19, 2017 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. Authorization – Sale of Surplus Fire Equipment On motion of Commissioner Elkind Eney, seconded by Commissioner Katz, it was RESOLVED, that the Town of Mamaroneck Board of Fire Commissioners does hereby declare the following pieces of apparatus to be surplus, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to facilitate the sale of the surplus equipment. 1991 Sutphen Fire Pumper – Fleet VIN # 1K9AF4285CN058195 1998 Seagraves Fire Truck – Fleet VIN# 1F9F028TXWCST2054 The above resolution was put to a roll call vote: Commissioner Murphy Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Odierna Aye Commissioner Seligson Aye There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner Odierna, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Salary Authorization – Highway Department On motion of Councilman Odierna, seconded by Councilman Murphy, it was RESOLVED, that the Mamaroneck Town Board does hereby promote Roger Gutierrez to the position of Maintenance Mechanic – Signs and Road Markings, effective April 20, 2017, at an annual salary of $70,241.00. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 2. Authorization – Transfer of Funds – IT Budget On motion of Councilman Odierna, seconded by Councilman Murphy, it was 5 April 19, 2017 RESOLVED, that the Mamaroneck Town Board does hereby approve the budget amendments and transfers of funds as detailed by the Town Comptroller in the following schedules: BUDGET AMENDMENT - INCREASE 2017 GENERAL TOWNWIDE FUND & PART TOWN FUND BUDGET 4/19/2017 TOWN BOARD MEETING GENERAL (FUND A): INCREASE BUDGET: A.0000.5995 APPROPRIATED FUND BALANCE $ 12,580.00 A.1680.4018 COMPUTER SOFTWARE MAINT & SUPPORT $ 12,580.00 $ 81,180.00 ORIGINAL BUDGET - A.1680.4018 $ 12,580.00 BUDGET AMENDMENT - R.O.B. 04/19/2017 $ 93,760.00 REVISED BUDGET AS AMENDED 04/19/2017 PART TOWN (FUND B): INCREASE BUDGET: B.0000.5995 APPROPRIATED FUND BALANCE $ 4,285.00 B.1680.4018 COMPUTER SOFTWARE MAINT & SUPPORT $ 1,004.00 B.1680.4027 COMPUTER / PRINTER SUPPLIES $ 3,281.00 $ 41,820.00 ORIGINAL BUDGET - B.1680.4018 $ 1,004.00 BUDGET AMENDMENT - R.O.B. 04/19/2017 $ 42,824.00 REVISED BUDGET AS AMENDED 04/19/2017 $ 750.00 ORIGINAL BUDGET - B.1680.4027 $ 3,281.00 BUDGET AMENDMENT - R.O.B. 04/19/2017 $ 4,031.00 REVISED BUDGET AS AMENDED 04/19/2017 * REPRESENTS ANTICIPATED USAGE OF GENERAL TOWN & PART TOWN UNRESERVED FUND BALANCE TO FUND THE UNANTICIPATED SOFTWARE APPLICATION & EQUIPMENT EXPENDITURES AS DETAILED IN ATTACHED SCHEDULE PREPARED BY I.T. DIRECTOR. AMEND 2017 CAPITAL PROJECT & BUDGET - COMPUTER HARDWARE/SOFTWARE 4/19/2017 TOWN BOARD MEETING CAPITAL PROJECTS FUND (FUND H): AMEND BUDGET: EXP H.1680.0400.2017.19 COMPUTER SOFTWARE $ 21,540.00 H.1680.0400.2017.20 COMPUTER HARDWARE & EQUIPMENT $ 8,200.00 REV H.0000.5032.2017.19 TRANSFERS FROM PART TOWN FUND $ 13,540.00 H.0000.5033.2017.19 TRANSFERS FROM HIGHWAY FUND $ 8,000.00 H.0000.5031.2017.20 TRANSFERS FROM GENERAL TOWN FUND $ 725.00 H.0000.5032.2017.20 TRANSFERS FROM PART TOWN FUND $ 725.00 H.0000.5033.2017.20 TRANSFERS FROM HIGHWAY FUND $ 6,750.00 (CAPITAL PROJECT #2017-19) (Increase project budget with $21,540 additional funding to be transferred from Part Town & Highway Fund to fund unanticipated computer software / network expenditures as detailed in attached schedule prepared by I.T. Director. * Original Capital Project Budget: $ 73,718.00 * Funding source: * INTERFUND TRANSFERS APPROPRIATED IN 2017 BUDGET $ 73,718.00 * TRANSFER FR GEN TOWN FD - R.O.B. 2/1/17 $ 6,700.00 * TRANSFER FR PART TOWN FD - R.O.B. 4/19/17 $ 13,540.00 * TRANSFER FR HIGHWAY FD - R.O.B. 4/19/17 $ 8,000.00 6 April 19, 2017 * Capital Project Budget amended & adopted on 4/19/17: $ 101,958.00 (CAPITAL PROJECT #2017-20) (Increase project budget with $8,200 additional funding to be transferred from General, Part Town & Highway Town Fund to fund unanticipated computer hardware / network equipment expenditures as detailed in attached schedule prepared by I.T. Director. * Original Capital Project Budget: $ 80,600.00 * Funding source: * INTERFUND TRANSFERS APPROPRIATED IN 2017 BUDGET $ 80,600.00 * TRANSFER FR GEN TOWN FD - R.O.B. 2/1/17 $ 37,200.00 * TRANSFER FR GEN TOWN FD - R.O.B. 4/19/17 $ 725.00 * TRANSFER FR PART TOWN FD - R.O.B. 4/19/17 $ 725.00 * TRANSFER FR HIGHWAY FD - R.O.B. 4/19/17 $ 6,750.00 * Capital Project Budget amended & adopted on 4/19/17: $ 126,000.00 GENERAL, PART TOWN & HIGHWAY FUND (FUND A, B & DB): AMEND BUDGET: EXP A.9900.9950 TRANSFER TO CAPITAL PROJECT $ 725.00 REV A.0000.5995 APPROPRIATED FUND BALANCE $ 725.00 EXP B.9900.9950 TRANSFER TO CAPITAL PROJECT $ 14,265.00 REV B.0000.5995 APPROPRIATED FUND BALANCE $ 14,265.00 EXP DB.9900.9950 TRANSFER TO CAPITAL PROJECT $ 14,750.00 REV DB.0000.5995 APPROPRIATED FUND BALANCE $ 14,750.00 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 3. Resolution – In Rem Proceedings On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the following was approved, WHEREAS, the Town commenced an In rem foreclosure proceeding in which it included the parcel known as Section/Block/Lot: 5-6-6 among the parcels to be foreclosed for unpaid tax liens, and WHEREAS, this parcel is contiguous to Section/Block/Lot: 5-6-1, and WHEREAS, these two parcels are under common ownership but the Town continued to send tax bills for Section/Block/Lot: 5-6-6 to the former owner, Arlene Kaplan, at an address in Sleepy Hollow, NY, and WHEREAS, the current owner of both parcels, Dr. Paula Rothaus, did not know that the tax bills for Section/Block/Lot: 5-6-6 were being sent to the former owner and because she had been receiving and paying tax bills for Section/Block/Lot: 5-6-1, she thought, reasonably so, that her tax payments constituted payment of the taxes on both lots, and WHEREAS, upon learning of this error, Dr. Rothaus paid the taxes on Section/Block/Lot: 5-6-1. NOW THEREFORE, BE IT RESOLVED, that the Town withdraws Section/Block/Lot: 5-6-6 from the list of parcels foreclosed in the In rem foreclosure proceeding, and BE IT FURTHER RESOLVED, that Town claims no right, title or interest in Section/Block/Lot: 5-6-6 except the right to assess and levy taxes upon it. 7 April 19, 2017 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 4. Consideration of Certiorari On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Year Assessment Amount of Reduction Reduced Assessment 2009 $ 14,200 $ -0- $ 14,200 2010 $ 14,200 $ 2,120 $ 12,080 2011 $ 14,200 $ 1,780 $ 12,420 2012 $ 14,200 $ 2,455 $ 11,745 2013 $840,000 $165,000 $675,000 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye APPROVAL OF MINUTES On motion of Councilwoman Elkind Eney, seconded by Councilman Odierna, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of April 19, 2017. 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 the meeting was unanimously adjourned at 9:30 PM ________________________________ Submitted by Christina Battalia, Town Clerk 8