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HomeMy WebLinkAbout2015_12_16 Town Board Minutes December 16, 2015 TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY, DECEMBER 16, 2015 THE TOWN BOARD WILL CONVENE – at 5:00 PM, In Conference Room A to discuss: 1.Proposed Website Redesign 2.Amended Local Law - Sewer Discharge Compliance 3.Proposed Amendment - Rock Chipping Law 4.Update – Howell Park Road Resurfacing 5.Proposed Amendment – Noise Ordinance – Leaf Blowers 6.Discussion - Weapons Restriction – Town Facilities 7.Update – Municipal Solar Buyer’s Group/Community Choice Aggregation 8.Airbnb 9.New Business 8:00PM CALL TO ORDER – COURTROOM SUPERVISOR’S SUMMARY REPORT CITIZEN COMMENTS PRESENTATION OF PROCLAMATION – MAMARONECK VARSITY FIELD HOCKEY TEAM 2015 NEW YORK STATE CHAMPIONS PUBLIC HEARING - 1. “Amendment of the List of Sensitive Positions contained in the Code of Ethics” Law. 2. Establish 2016 Sewer Rent Rate 3. “Moratorium on Major Residential Construction” Law BOARD OF FIRE COMMISSIONERS 1.Fire Claims 2.Authorization – Transfer of Funds – Weaver Street Firehouse 3.Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1.Resolution – Westchester County Hazard Mitigation Program 2.Authorization – Designation of Surplus Equipment 3.Authorization – Design Agreement Town of Mamaroneck Website 4.Authorization – National Fish & Wildlife Grant Agreement 5.Authorization – Engagement Letter Re: Save the Sound Litigation 6.Authorization – Transfer of Funds – Hommocks Ice Rink Trust Fund 7.Authorization – Transfer of Funds – Computer Network System 8.Consideration of Certiorari 9.Salary Authorization – Assistant Recreation Superintendent APPROVAL OF MINUTES – November 18, 2015 and December 2, 2015 REPORTS OF THE COUNCIL TOWN CLERK’S REPORT NEXT REGULARLY SCHEDULED MEETINGS – January 6, 2016 & January 20, 2016 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. 1 December 16, 2015 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON DECEMBER 16, 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 Councilman Murphy, the Work Session was unanimously opened at 5:00PM. Proposed Website Redesign The Town Board reviewed a memo from Mr. Altieri outlining the proposal for a new website. The objectives for a new website are to enhance communication with the community, as well as added functionality for online transactions. The Town has been able to negotiate a very favorable price from CivicPlus that currently maintains websites for the cities of White Plains and New Rochelle. An approval of this agreement is on the regular agenda for this evening. Amended Local Law - Sewer Discharge Compliance Supervisor Seligson explained that in order to comply with the Inter Municipal Agreement with the County of Westchester, draft legislation must be submitted the Town Board by January 1, 2016, a local law “prohibiting stormwater and sump pump connections to sanitary sewers that includes an enforcement program and a requirement that a licensed plumber or professional engineer certify that there are no sump pumps, leaders, gutters or any other stormwater connections to the sanitary sewer collection system and that a video inspection shows the sanitary sewer connection is free from visible defects as a pre-condition to the transfer of title of any real property that has a connection to its sewage collection system.” The Town Board reviewed the draft legislation. ADDED ITEM Draft Legislation – Moratorium on Major Construction The Town Board reviewed the draft legislation for tonight’s public hearing. Mr. Maker explained that the Town has been contacted by the law firm of Cuddy & Feder, who represent Emily Saines, the owner and developer of 1 Durham Road. The attorney letter asked for this property to be ‘grandfathered’ from the proposed moratorium, due to the subdivision having received approval from the Planning Board, but yet to receive building permits. The Town Board discussed this situation as well as potential others and is prepared this evening to insert language in the legislation stating that this moratorium “shall not apply to lots created by a subdivision approved by the Planning Board on or after November 1, 2013.” An additional nd minor change was made which was discussed at the December 2 meeting but not reflected in this current draft to change in section 4 (b) the word schedule to conduct and the number 10 to the number 5. The Town Board also read correspondence from Janis Kozinn and Ruth Campanelli. 2 December 16, 2015 Proposed Amendment – Rock Chipping Law Supervisor Seligson stated that the proposed amendment addresses problems with the current law. The Town Board reviewed a memo from Mr. Altieri dated December 10, 2015, discussing concerns of undue hardship caused by rock removal activity, and the Town’s ability to “consistently administer the law as it relates to the determination of whether a rock removal activity is or is not subject to the current fifteen day restriction.” The current legislation applies only to a project where more than 2,000 cubic feet is being removed, and no time limit where less than 2,000 cubic feet will be removed. The amendment the Town Board reviewed would require that all construction requiring rock removal receive a permit, and that the 15 day limit apply to all construction projects regardless of the amount of rock to be removed. Mr. Maker will prepare draft legislation for the Town Board to review. Update – Howell Park Road Resurfacing The Town Board reviewed a memo from Mr. Altieri dated December 11, 2015 summarizing the items discussed at a meeting with residents of Howell Park who requested a review of the scheduled paving project and additional infrastructure concerns. Howell Park residents would like the Town to address additional infrastructure matters concurrent with the paving project. The three items discussed were (1) burying utility lines (2) determining the state of repair of underground gas and water utilities (3) inclusion of sidewalk and curb replacement. The Town Board stated that burying utility lines is too expensive and not possible at this time. The specific concern of the Howell Park Association is that continued paving lessens the reveal of the curbing. Mr. Altieri stated that the plan for paving in Howell Park will maintain a 4 to 5 inch curb reveal. The Board discussed potentially cutting back on paving in 2017, and adding more curbing and sidewalk projects. The Board also discussed creating special districts as a means to fund these kinds of specifically requested projects. Mr. Altieri stated that he has received a subsequent letter from the Howell Park Association which he did not have time to review, so this item may come back to the Board for additional discussion. ADDED ITEM The Town Board is aware that residents of Hickory Grove Drive had been before the Traffic Committee with continued concerns about truck traffic along Hickory Gove Drive. Among other proposed changes, the residents request adding sidewalks along one side of Hickory Grove. This change would have significant implication for those residents’ potentially affected and the Town would need to address this with each individual homeowner. Mr. Altieri stated that his Office will initiated these discussions. On motion of Councilman Murphy, seconded by Councilwoman Katz, the Board unanimously agreed to enter into an Executive Session to discuss a matter of public safety, litigation with Save the Sound and the employment history of a particular person. EXECUTIVE SESSION Public Safety Litigation Save the Sound v Town of Mamaroneck Employment History of a Particular Person On motion of Councilwoman Katz, seconded by Councilman Murphy, the Board unanimously agreed to resume the Regular Meeting. Noise Ordinance The Town Board reviewed draft legislation from the Sustainability Collaborative addressing an amendment to the gas blower law. The Sustainability Collaborative has chosen the issue of noise in our community as an initiative. Noise from gas blowers seems to generate the most complaints from the community. Councilman Murphy noted that respiratory issues are also a major concern with gas blowers and is currently not addressed in our legislation. The Town Board discussed amending the current Town law to require that by January 1, 2018 all leaf blowers used in the Town must produce no more than 65 decibels of noise. The Board discussed how best to enforce this proposed new requirement. 3 3333 December 16, 2015 Discussion – Weapon Restriction – Town Facilities Precipitating this discussion was a recent article in the New York Times. The Board will defer a more lengthy discussion until Mr. Maker prepares a draft legislation. Update – Municipal Solar Buyer’s Group/Community Choice Aggregate Supervisor Seligson informed the Board that Croton-on Hudson passed a resolution and intermunicipal agreement supporting participation in this program. Supervisor Seligson will distribute these documents and would like the Town Board to review. Request of Senator Latimer to discuss Airbnb Deferred ADDED ITEM Town Board Meeting Dates – January & February thth The Town Board tentatively approved the January meeting dates for the 6 and 20, and the February rdth dates for the 3 and 17. 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. TAKEN OUT OF ORDER PRESENTATION OF PROCLAMATION – MAMARONECK VARSITY FIELD HOCKEY TEAM 2015 NEW YORK STATE CHAMPIONS Supervisor Seligson welcomed the Mamaroneck Field Hockey Team, Coach John Savage and Coach Trish Miller. Supervisor Seligson said how proud the community is of this fine team and then read the Proclamation. Coach Savage and Team Captains’ Lizzy Clarke and Grace Fitzgerald accepted the Proclamation and Coach Savage said a few words. PROCLAMATION Mamaroneck High School Field Hockey Team WHEREAS: The 2015 Mamaroneck Tigers Field Hockey Team, led by Coach John Savage, beat Ward Melville 1 - 0 in double overtime to win the New York State Class A Championship; and WHEREAS: The Tigers had a record of 20 wins, 1 tie and only 1 loss for their regular season; and WHEREAS: This was the second straight NYS Class A State Championship for Mamaroneck Field Hockey and the third overall in Mamaroneck High School history; and WHEREAS: The girls were recognized by MAX Field Hockey and USA Today High School Sports th as the 15 best team in the United States; and 4 December 16, 2015 NOW, THEREFORE, BE IT RESOLVED, that I, Nancy Seligson, Supervisor of the Town of Mamaroneck, and the Town Board members hereby congratulate the entire 2015 Mamaroneck High School Field Hockey team, along with Coach John Savage, for winning the NYS Championship and a wonderfully successful season. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be th affixed this 16day of December 2015. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board, and there was not. TAKEN OUT OF ORDER PUBLIC HEARING – Moratorium on Major Construction 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 December 2, 2015 a Public Hearing will be held on Wednesday, December 16, 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: “Moratorium on Major Construction” Section 1 – Purpose. The Town has begun to experience the construction of new homes that are much larger and cover more area than the types of homes heretofore built in Town. Because much of this construction is allowed to be done ‘as-of-right’, the Town has limited control over the grading and the appearance of lots once construction is complete. In order to balance the rights of people to improve their properties with the goal to, and desirability of maintaining the character of the Town, the Town Board determines that it is important to enact a short moratorium on major construction to allow it the opportunity to evaluate these competing interests and if necessary, enact legislation designed to accommodate both interests. 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: December 8, 2015 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson emphasized for the audience that the reason for this moratorium is for the Town Board to discuss including residential development in the site plan review process, specifically issues of grading, tree removal etc. The Town Board does not intend to review zoning regulations. The Town Board would like to review the triggers that would require a review by the Planning Board. Mr. Maker spoke about the specifics of the Moratorium. Mr. Maker addressed the insertion of ‘grandfathering’ subdivisions approved by the Planning Board but have yet to receive building permits. This amendment to the current draft was discussed during this evening’s Worksession. 5 December 16, 2015 Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. Jonathan Sacks, a Member of the Zoning Board and resident of Marbourne Drive, addressed the Board. Mr. Sacks is in favor of the Moratorium, but stressed not going beyond the 90 days. Lori Kuppferberg, of 290 Rockingstone Avenue, addressed the Board. Ms. Kuppferberg stated that she and her family have been living next to a tear down and a major reconstruction project and believes the construction has done damage to her home and property. She has suffered hardship for months and is in favor of the Moratorium. Ms. Salzillo, of 284 Rockingstone Avenue, addressed the Board. Ms. Salzillo emphasized that when projects are reviewed there needs to be an evaluation of the entire street. She believes her street cannot handle this level of construction, specifically, the frequency and scale of tractor trailers traveling up and down Rockingstone Avenue. David Becker, 1 Robbins Nest Lane, addressed the Board. Mr. Becker believes the Building Department is dealing with ordinances that do not match our community. He feels the Moratorium is a good idea. Carol Carozza, 3 Robins Nest Lane, addressed the Board. Ms. Carozza has concerns about tree removal from the hillside adjacent to her property, adding that so many trees were removed that water now runs down the hillside. She is thankful for the Moratorium. Tony Gioffre, attorney with Cuddy & Feder, LLP, representing Emily Saines and Highclere Court, LLC, the owners of 1 Durham Road, addressed the Board. Mr. Gioffre noted that his firm sent correspondence to the Town which outlines their position in detail. He stated that he had a more extensive presentation, but would defer those comments if the Town Board would confirm his understanding that an amendment has been added to the Moratorium that would ‘grandfather’ projects such as the Durham Road subdivision, which has already obtained Planning Board approval. Mr. Maker responded yes. Greg Lewis, 753 Forest Avenue, asked Mr. Maker if the 35% is footprint or size of house, and Mr. Maker responded it references the footprint. Mr. Lewis also asked to clarify that this law would not apply to anyone who obtained a building permit prior to the end of this month, Mr. Maker responded that that is correct. Mark Kramer, of Murdock Woods, addressed the Board. Mr. Kramer noted the many construction projects taking place in Murdock Woods. Mr. Kramer emphasized the extensive road damage caused by so much construction, adding he is in full support of this Moratorium. Diane Eaton, of Keller Eaton Architects, addressed the Board. Ms. Eaton stated that her firm is currently working on a number of projects and it is difficult to know exactly how to proceed during this Moratorium. Ms. Eaton hopes that three months will be enough for the Board. Ms. Eaton asked for clarification that the Board is not reviewing Floor Area Ratio (FAR) or Zoning setbacks etc. Supervisor Seligson responded yes, it is not the intention of the Board to review zoning changes. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously closed. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board finds that the adoption of the proposed local law “Moratorium on Major Construction” is hereby declared to be a Type II Action, with no impact under the New York State Environmental Quality Review Act (SEQRA) and requiring no further action. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following Local law was approved: Local Law No. 11 - 2015 This local law shall be known as the “Moratorium on Major Construction” Law. 6 December 16, 2015 BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town has begun to experience the construction of new homes that are much larger and cover more area than the types of homes heretofore built in Town. Because much of this construction is allowed to be done ‘as-of-right’, the Town has limited control over the grading and the appearance of lots once construction is complete. In order to balance the rights of people to improve their properties with the goal to, and desirability of maintaining the character of the Town, the Town Board determines that it is important to enact a short moratorium on major construction (defined below) to allow it the opportunity to evaluate these competing interests and if necessary, enact legislation designed to accommodate both interests. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 106-41 of the Code of the Town of Mamaroneck shall be amended by adding a new subsection D. thereto: § 106-41 Issuance of building permit. D. (1) As used in this subsection, the following terms shall have these meanings: AFFECTED PROPERTIES Lots located within the R-2F, R-6, R-7.5, R-10, R-15, R-20, R-30 and R-50 zoning districts. MAJOR CONSTRUCTION The construction of a dwelling on a vacant lot, or Increasing the footprint of a dwelling on an improved lot by more than thirty-five (35%) percent, or The regrading of more than forty (40%) percent of a lot whether such lot is vacant or improved. (2) No permit for major construction on an affected property shall be issued with respect to an application for such permit that is submitted between January 1, 2016 and March 31, 2016. (3) The Director of Building Code Enforcement and Land Use Administration or the Building Inspector shall revoke or rescind any building permit issued in violation of this subsection. (4) (a) Should the application of this subsection impose an unnecessary hardship upon the owner of an affected property, the owner of that property or a person acting with the owner's permission may apply to the Town Board for an exemption from this subsection upon submission of proof of such unnecessary hardship. Such application shall be in writing and submitted to the Town Clerk. It shall include details of the unnecessary hardship that the owner claims. The mere delay in being able to obtain a permit shall not be considered an unnecessary hardship. (b) Within 30 days after the submission of a written application for an exemption from this subsection, the Town Board shall hold a public hearing on that application and shall publish notice of such hearing at least 5 days prior thereto in the official newspaper of the Town. Within 15 days after the close of the public hearing, the Town Board shall render its decision either granting or denying the application for an exemption from this subsection. (c) Any party aggrieved by the determination of the Town Board may challenge its decision pursuant to Article 78 of the Civil Practice Law and Rules within 30 days of the filing of the Town Board’s decision with the Town Clerk. (5) Section 106-41 D. shall not apply to lots created by a subdivision approved by the Planning Board on or after November 1, 2013. 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. 7 December 16, 2015 Section 4 – Effective Date: This Local Law shall become effective upon the later of January 1, 2016 or its filing with the Secretary of State. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye PUBLIC HEARING – “Amendment of the List of Sensitive Positions Contained in the Code of Ethics 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 December 2, 2015 a Public Hearing will be held on Wednesday, December 16, 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: “Amendment of the List of Sensitive Positions Contained in the Code of Ethics Law” Section 1 – Purpose. The Town adds the new positions within the Town’s government that must be added to the list of Sensitive Positions of the Town’s Code of Ethics. 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: December 8, 2015 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Mr. Maker explained that due to new job titles within the Town an amendment adding them to the Code of Ethics is required. 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 Elkind Eney, seconded by Councilwoman Katz, the following Local law was approved: 8 December 16, 2015 Local Law No. 10 - 2015 This local law shall be known as the “Amendment of the List of Sensitive Positions contained in the Code of Ethics” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town adds the new positions within the Town’s government that must be added to the list of Sensitive Positions of the Town’s Code of Ethics. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 17-4 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: SENSITIVE POSITIONS The following positions entail potential conflicts of interest and are deemed to be sensitive positions: A. Alternate member of the: (1) Board of Appeals, (2) Board of Architectural Review, (3) Board of Assessment Review, (4) Planning Board. B. Ambulance District Administrator. C. Assessor. D. Assistant Building Inspector. E. Assistant to the Town Administrator. F. Assistant Town Administrator. G. Assistant Town Superintendent of Highways. H. Building Inspector. I. Confidential Secretary to the Town Supervisor. J. Consulting Engineer. K. Counsel to the: (1) Board of Appeals, (2) Planning Board, (3) Town. L. Court Clerk. M. Deputy Fire Chief. N. Deputy Town Assessor. O. Deputy Town Comptroller. P. Deputy Receiver of Taxes. Q. Deputy Town Supervisor. R. Deputy Town Clerk. S. Director of Building Code Enforcement and Land Use Administration. 9 December 16, 2015 T Director- Section 8 Rental Assistance Program U. Environmental Coordinator. V. Environmental Planner W Fire Chief. X Fire Inspector. Y. General Foreman. Z. Junior Civil Engineer. AA. Member of the: (1) Board of Appeals. (2) Board of Architectural Review. (3) Board of Assessment Review. (4) Board of Ethics. (5) Planning Board. (6) Town Board. BB. Police Chief. CC. Real Property Appraiser. DD. Receiver of Taxes. EE. Record Officer/Police Department. FF. Senior Civil Engineer. GG. Senior Engineering Aide. HH. Senior Typist/Police Department. II. Superintendent of Highways. JJ. Superintendent of Recreation. KK. Technical Support Specialist (a/k/a IT Director and Webmaster). LL. Town Administrator. MM. Town Clerk. NN. Town Comptroller. OO. Town Engineer. PP. Town Justice. QQ. Town Prosecutor. 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. 10 December 16, 2015 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye PUBLIC HEARING – 2016 Sewer Rent Rate 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 December 2, 2015 a Public Hearing will be held on Wednesday, December 16, 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 2016 Sewer Rent Rate. Section 1 – Purpose. Article 14-F of the General Municipal Law authorizes the imposition of sewer rents as a means of raising funds (a) to operate, maintain and repair a municipal sanitary sewer system, and (b) where not prohibited by General Municipal Law § 453 (3), to expand such system. This law creates a sewer rent to be imposed upon the properties that discharge sewage into the Town of Mamaroneck’s sanitary sewer system. The rents will be used to operate, maintain and repair that sewer system and if deemed appropriate by the Town Board and not prohibited by General Municipal Law § 453 (3), to expand such system. The Town Board finds that a sewer rent more equitably distributes the cost of the sanitary sewer system because it is a function of usage computed based upon water consumption and is charged to all the users of that system, including tax exempt properties. 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: December 8, 2015 Mr. Altieri explained that in 2014 the Town adopted a local law establishing a sanitary sewer rent as an alternative to the ad valorem tax to fund the operation and maintenance of the sanitary sewer system. Each year the law requires the Town to hold a public hearing to consider the sewer rent rate. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. On motion of Councilman Murphy, seconded by Councilwoman Katz, the Public Hearing was unanimously closed. 11 December 16, 2015 On motion of Councilman Odierna, seconded by Councilman Murphy, it was unanimously RESOLVED, that the Mamaroneck Town Board sets the sewer rent charge for 2016 at $.00048 per gallon. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye SUPERVISOR’S SUMMARY REPORT There have been many nice holiday events in the community including tree lighting festivals in the Villages of Larchmont and Mamaroneck, and a menorah lighting at Chabad in Mamaroneck Village. There was a wonderful retirement party for our Director of buildings, Ron Carpaneto – wonderful in the sense that Ron is so well liked and respected that over a hundred people came to the party. We thanked Ron for his great service to the Town and we are sorry to see him leave, but we also welcome John Landi as the new Director of Buildings in the Town. I participated in a Land Use Law Center Conference at Pace University. It was an excellent conference dedicated to local land use law. The Town hosted a Complete Streets seminar. The 2016 Sanitation Brochure (which includes the calendar for garbage pickup and everything you need to know about garbage and recycling collection) is in the mail to all residents. The 2016 budget is posted on the Town’s website. Leaf collection ends December 23. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind Eney, seconded by Commissioner Murphy, 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 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: AAA Emergency Supply Thermal imaging camera battery, 4 foot firefighter hook $225.35 AT & T Mobility Wireless service for 10/12/15 - 11/11/15 380.95 12 December 16, 2015 Brewer Screws, jackson wire 8.01 CIT Xerox copier contract November 2015 247.35 Ready Refresh Rental for water coolers at FD HQ Nov. 2015 (10/19-11/18/15) 114.96 Senate Electronics, Inc. Change door access Software & Shipping door Software 823.85 Town of Mam'k PFFA Oct. 2015 & Nov. 2015 Life Insurance premium for 12 Firefighters 377.28 UniFirst Corp. Carpet cleaning, wipes, bags, spray and towels 28.41 Villa Maria Pizza Meal for Fast Drill 11/23/15 48.16 Westech Elevator Services, Inc. Maintenance for month of December 2015 175.00 0.00 Total: $2429.32 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.Authorization – Transfer of Funds – Weaver Street Fire Headquarters Apparatus Floor On motion of Commissioner Elkind Eney, seconded by Commissioner Murphy, it was RESOLVED, that the Board of Fire Commissioners does hereby authorize the transfer of funds in the amount of $29,000 for the purchase of steel plating for the Apparatus Floor at the Weaver Street Firehouse, as detailed by the Town Comptroller in the following schedule: BUDGET AMENDMENT - INCREASE 2015 FIRE DISTRICT FUND BUDGET 12/16/2015 TOWN BOARD MEETING FIRE DISTRICT (FUND SF): INCREASE BUDGET: SF.0000.5995 APPROPRIATED FUND BALANCE $ 29,000.00 SF.3410.4012 BLDG & GROUNDS REPAIRS/MAINT. $ 29,000.00 * REPRESENTS ANTICIPATED USAGE OF FIRE DISTRICT UNRESERVED FUND BALANCE TO FUND THE PURCHASE W/GUARANTEED BUYBACK OF STEEL PLATES FOR APPARATUS FLOOR AT FIRE HQ. VENDOR: PRIORITY STEEL, LLC The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye Commissioner Elkind Eney noted the wonderful and successful Annual Skate with Santa Toy Drive held by the Fire Department. Commissioner Elkind Eney thanked the Department for their community service. 13 December 16, 2015 There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner Murphy, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1.Resolution – Westchester County Hazard Mitigation Program On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby adopt the attached resolution authorizing the Town of Mamaroneck to participate in the County of Westchester’s Hazard Mitigation Plan: Attachment A The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 2.Authorization – Designation of Surplus Equipment Deferred 3.Authorization – Design Agreement Town of Mamaroneck Website On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement with CivicPlus to provide a new website to the Town at a cost of $21,000 in the first year of the agreement, and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement 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.Authorization – National Fish & Wildlife Grant Agreement On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, the following was approved, WHEREAS, the Town of Mamaroneck has been awarded a Grant from the National Fish and Wildlife Foundation (NFWF) for the installation of green infrastructure as part of a total project to renovate and restore the Town Center Parking Lot, and 14 December 16, 2015 WHEREAS, the amount of the Grant is $149,876, and the Town’s match to fund the project will be $431,634, for those components of the project that do not have a direct impact upon the treatment of storm water or reduction of pollutants. NOW, THEREFORE, BE IT, RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement between the NFWF and the Town of Mamaroneck, subject to final review by Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement 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 5.Authorization – Engagement Letter Re: Save the Sound Litigation Deferred 6.Authorization – Transfer of Funds – Hommocks Ice Rink Trust Fund On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the purchase of Scoreboards at the Hommocks Ice Rink at a total cost of $20,000, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds in the amount $20,000, from the Ice Rink Trust fund as detailed by the Town Comptroller in the following schedule: BUDGET AMENDMENT - TRANSFER FROM TRUST FUND TO GENERAL FUND 12/16/2015 TOWN BOARD MEETING GENERAL TOWN WIDE FUND (FUND A): INCREASE BUDGET: A.0000.5041 TRANSFERS FROM TRUST FUND $ 20,000.00 ** A.7265.2102 MISCELLANEOUS EQUIPMENT - ICE RINK $ 20,000.00 ** * (REPRESENTS USE OF ICE RINK TRUST FUND DONATIONS FOR PURCHASE OF 2 NEW SCOREBOARDS FOR HOMMOCKS PARK ICE RINK.) (SEE ATTACHED MEMO FROM SUPT. OF RECREATION) 15 December 16, 2015 * TRUST A/C # T.0000.0109 (ICE RINK TRUST FUND): CURRENT BALANCE (PRIOR TO TRANSFER) $ 56,976.44 TRANSFER TO GEN TOWN FUND - A.7265.2102 $ (20,000.00) ** REVISED BALANCE (AFTER TRANSFER) $ 36,976.44 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 7.Authorization – Transfer of Funds – Computer Network System On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, the following was approved, WHEREAS, Corporate Computer Solutions has completed a technology assessment for the Town and concluded that much work is to be done in order to prepare the IT infrastructure for future technology needs and projects, and WHEREAS, the assessment was not concluded in time to be incorporated into the 2016 budget. NOW, THEREFORE, BET IT RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds in the amount of $39,750 for remediation of the Town Network Infrastructure, as detailed by the Town Comptroller in the following schedule: BUDGET AMENDMENT - INCREASE 2015 GENERAL TOWNWIDE FUND BUDGET 12/16/2015 TOWN BOARD MEETING GENERAL TOWNWIDE (FUND A): INCREASE BUDGET: A.0000.5995 APPROPRIATED FUND BALANCE $ 39,750.00 A.1680.4035 IT CONSULTANT SERVICES $ 39,750.00 * REPRESENTS ANTICIPATED USAGE OF GENERAL TOWNWIDE UNRESERVED FUND BALANCE TO FUND THE REMEDIATION TO THE TOWN NETWORK INFRASTRUCTURE PER I.T. DIRECTOR REPORT. The above resolution was put to a roll call vote: Murphy Aye 16 December 16, 2015 Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 8.Consideration of Certiorari On motion of Councilwoman Katz, 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: KOSL Properties, LLC 875 Mamaroneck Avenue and its parking lot on Nostrand and Lester Avenues Section/Block/Lot: 8-21-490 and 54.2 Town of Mamaroneck/Village of Mamaroneck Section/Block/Lot: 8-21-490 (office building): Year Assessment Amount of Reduction Reduced Assessment 2011 $ 71,400 NO REDUCTION $ 71,400 2012 $ 71,400 $ 1,663 $ 69,737 2013 $7,775,000 $4,166,000 $3,609,000 2014 $7,775,000 $4,185,000 $3,590,000 2015 $7,775,000 $4,185,000 $3,590,000 Section/Block/Lot: 8-21-54.2 (parking lot): NO REDUCTIONS The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 9.Salary Authorization – Assistant Recreation Superintendent On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the salary for the position of Assistant Recreation Superintendent in the amount of $70,250. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye APPROVAL OF MINUTES – November 18, 2015 and December 2, 2015 On motion of Councilman Odierna, seconded by Councilman Murphy, it was 17 December 16, 2015 unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of November 18, 2015 and December 2, 2015. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Murphy had nothing to report this evening, but did want to wish everyone happy holidays and a happy new year. Councilman Odierna nothing to report this evening. Councilwoman Katz attended the Coastal Zone Management Commission meeting, adding that they are plugging away on the Local Waterfront Revitalization Plan. Councilwoman Katz commend the Commission for all their hard work with this project. th Councilwoman Elkind Eney attended the Planning Board Meeting on December 9, noting that they are moving forward with applications and then discussed various procedures and how to streamline them as well as the proposed moratorium. On December 10, Councilwoman Elkind Eney went to the Westchester Municipal Officials Association dinner in Scarsdale where the topic was the tax cap. Our state Assemblyman th Steve Otis gave an informative talk. On December 15, Councilwoman Elkind Eney attended the At Home on the Sound Holiday Party, noting that this is a wonderful organization that serves our community. On rd December 3 Councilwoman Elkind Eney attended the Community Recourse Center’s Gala, another organization that provides invaluable service to our community. The Town Board noted the wonderful retirement party held for Ron Carpaneto. Ron has served as the Town’s Buildings and Land Use Director for many, many years and he will be greatly missed. ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilman Murphy, the meeting was unanimously adjourned at 10:00 PM ________________________________ Submitted by Christina Battalia, Town Clerk 18