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HomeMy WebLinkAbout2018_07_11 Town Board Minutes July 11, 2018 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JULY 11, 2018, 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 Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilwoman Sabrina Fiddelman Councilman Jeffery L. King ALSO PRESENT: Linda Silvestre, Deputy 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 Fiddelman, seconded by Councilwoman Elkind Eney, the Work Session was unanimously opened at 5:00PM. ADDED ITEM Review of Legislation – Banning of Firearms The Town Board reviewed the legislation for this evening public hearing. At the public hearing on June 20, 2018, the Town Board heard remarks regarding retired police officers having the right to possess a firearm. Mr. Maker clarified by adding to the legislation that “a retired police officer or a retired peace officer shall be an exempt person under the law, if that officer possesses identification that meets the requirements of the Law Enforcement Officers Safety Act of 2004. This clarification will be made to the law for this evening’s public hearing. It is the intention of the Town Board to vote on this legislation this evening. OUT OF ORDER Update - Charitable Contributions to Local Governments & School District Program The Town Board reviewed a memo from Mr. Altieri, dated July 6, 2018. Highlights of that memo are 1) the County has decided that they will establish a trust and accept donations 2) The Mamaroneck School District has not yet decided, but they have been advised that the Town cannot delegate the collection of the donations to the Town 3) Scarsdale and Rye Brook did adopt a resolution and local law to participate, with Rye Brook having six residents participate 4) for the moment the Villages of Larchmont and Mamaroneck are not participating. Mr. Altieri and Mr. Maker are not advising that the Town participate. The Town Board will not make a final decision until September. Update - Weaver Street Sidewalk Extension Project Mr. Altieri reported that he has received clearance regarding the archaeological developments. Once plans are submitted the Town can then negotiate. This project will most likely not begin in 2018, but rather in 2019. Update – Town Deferred Compensation Programs Connie Green O’Donnell distributed informational handouts to the Town Board. Connie Green O’Donnell stated that she has spoken with two consultants with respect to the NYS Deferred Compensation Plan and is planning on a second meeting. Review - Recommendations for Safety Improvements on Murray Avenue 1 July 11, 2018 The Traffic Committee at its June meeting reviewed Town staff proposals for improving traffic and pedestrian safety along Murray Avenue. Mr. Altieri distributed a memo of the recommendations prepared by Town staff. In addition to the Town staff recommendations the Traffic Committee is recommending that the school speed zone remain at 20 mph, and the school zone regulations be in effect from 7:00am -6:00pm school days between September 1 and June 30. Town staff observed “that there are already in place a great many traffic regulations. Therefore, their recommendations “are primarily intended to improve awareness for both motorists and pedestrians.” The highlights of the staff recommendations are as follows: 1) Request the County to realign the intersection at Weaver Street and Murray Avenue to improve visibility when turning 2) Install a speed radar sign in the southbound direction when exiting Weaver Street onto Murray Avenue 3) Expansion of the “No Parking Here to Corner” at the intersection of Murray Avenue and Forest Avenue 4) All crosswalks to be repainted using two parallel lines with cross hatching Discussion – Washington Square Parking Permits The Town Board received correspondence from Janet Scully suggesting that there is evidence that commuters are circumventing the law and obtaining residential parking permits. The Town Board suggested that enforcement be employed to compare license plates to permits issued as well as enhancing the documentation needed to prove residency. On motion of Abby Katz, seconded by Councilman King, the Board unanimously agreed to enter into an Executive Session to discuss salary for non-union and management employees. On motion of Councilwoman Elkind Eney, seconded by Councilman King the Board unanimously agreed to resume the Regular Meeting. 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 welcome to attend. SUPERVISOR’S SUMMARY REPORT Although its summer, things continue to be busy in the Town. The Town camps are up and running. We continue to work on the Fire House renovation and will be starting the repair of Pryor Manor Bridge. We, along with other municipalities, through many meetings and conversations, have been exploring a plan to aid residents in an effort to continue their benefitting from state and local tax deductions. Tonight, after learning that the Mamaroneck School District does not plan to participate, and most municipal attorneys are advising against it, we have also decided not to move forward. This past December, Congress passed the Federal Tax Reform Act of 2017. Of particular concern to Larchmont Village residents was the capping of the State and Local Tax (SALT) deduction at $10,000. In this year’s NYS budget, the Governor included a provision, effective April 12, 2018, intended to provide some relief from the effects of this change to the federal tax code. This provision allows municipalities and school districts to create “charitable donation” fund to which property owners could make contributions. The tax-collecting authority would then provide property tax credits of up to 95% of donated amounts. The argument being that the “charitable donation” would continue to be deductible on the federal tax return. While we appreciate the attempt to find a mechanism for relief and would have welcomed an opportunity to provide such to our residents and ourselves, the Board has several major concerns with the implementation and possible outcomes. 1. The guidance document issued by NYS on May 16, 2018, states that upon receipt of “charitable donations” the Town’s fiscal officer is required to certify that “no goods or services were provided in exchange for the donation”. In the mechanism provided by NYS, the money in the charitable fund is to be transferred to the general operating fund of the Village, which is used to provide goods and services to residents. Our legal counsel has warned us that issuing such an attestation could be considered by the IRS as making a false statement. He would feel obligated to advise any Village officer against signing such a document. 2 July 11, 2018 2. The NYS guidance document also states that “…Towns are to use donations received by the fund for ‘charitable purposes’.” A Town is not a charitable entity and it is our belief that very few of our expenditures would be classified as charitable by the IRS. 3. The IRS issued Notice 2018-54 on May 23rd, to “inform taxpayers that the Treasury Dept. and the IRS intend to propose regulations addressing the federal income tax treatment of certain payments made by taxpayers for which taxpayers receive a credit against their state and local taxes.” The IRS has put us on notice of their intention to disallow this as a charitable deduction. Depending on the timing of the promised regulations, a taxpayer utilizing this scheme might have their deduction denied, need to resubmit taxes to the Town, and pay a penalty and interest to the IRS. They may also be subject to audit. Additionally, the Town would have to back itself out of the process and may also be placed in legal jeopardy. 4. Many residents pay property tax through escrow and the State has not yet promulgated the promised regulations relating to the adjustment of mortgage escrow accounts to reflect tax credits. For such residents, taxes would, in essence, be “double-paid” and a refund issued at some future date. These and other issues not discussed herein compel this Board to decide against creating this charitable fund/tax credit procedure for this fiscal year. Many other communities and school districts have also chosen not to implement this scheme. However, there will be some who choose to do so. We can only make the decision that we feel is in the best interests of the residents of the Town and we believe our understanding of the issues supports this outcome. We think the risks far outweigh any perceived benefit, both to the Town and to its residents. We expect the implementation of this scheme will result in legal challenges and, should the results be favorable or cause changes to be made to the provision that make it acceptable to the IRS, we will revisit the issue with an eye towards the 2019 tax year. The Town has been awarded 4 state grants totaling $61,000 to help pay for 4 electric vehicle charging stations. We also received an additional grant of $5,000 for leasing our first electric vehicle. th I had the pleasure of honoring Sheldon Evans on the occasion of his 100 birthday last month. Mr. Evans spent his career in education and worked as an assistant principal for the Mamaroneck School District for many years. He served in WWII in Europe and has been an inspiration to veterans and the community. The Town held the first of its summer concert series this past Monday with a perfect night featuring the band Twist of Fate. We have ordered picture perfect weather for every upcoming Monday in July. There was a TVS meeting yesterday of representatives from the Town, two villages and two school districts. We discussed the SALT issue as well as possible shared services. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board, and there was not. PUBLIC HEARING (S) – “Banning of Firearms within specified Town Buildings” Law The following Notice of Public Hearing is entered into the record as follows: NOTICE OF ADJOURNED 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 June 20, 2018 the Public Hearing opened on June 20, 2018 was adjourned until July 11, 2018 at 8:00 PM or as soon thereafter as is possible at the VFW/Town Senior Center, 1288 Boston Post Road, Larchmont, New York to consider: “Banning of Firearms within specified Town Buildings” Law. Purpose The Town Board is aware of the country’s current plague of shootings of, and other types of attacks on, innocent persons in schools, in the workplace, in churches, in places of worship, in other public places, and in homes. The Town Board recognizes that it cannot solve this problem and is mindful of the right to bear 3 July 11, 2018 arms given to the people by the Second Amendment to the United States Constitution and by New York Civil Rights Law § 4. Balanced against these rights is the Town’s objective of providing a safe work environment for Town employees and a safe place for visitors to Town buildings. Weighing these competing points, the Town Board finds that safety is paramount. Therefore this law bans possession of firearms within the Town Buildings identified in this local law by persons, other than those permitted to do so by this law. The full text of this document 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 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 Published: June 13, 2018 Reissued via email and posted on the Town’s web site: June 26, 2018 Supervisor Seligson stated that the Town received 68 emails in favor of the legislation and one email not in favor of the legislation. Mr. Maker explained the additional verbiage being added to clarify the exemption of retired police and peace officers to read: “a retired police officer or a retired peace officer shall be an exempt person under the law, if that officer possess identification that meets the requirements of the Law Enforcement Officers Safety Act of 2004 (Chapter 44 of Title 18 of the United States Code) or any federal statute that replaces the Law Enforcement Officers Safety Act of 2004 with respect to the requirement for a retired police officer or a retired peace officer to carry a concealed firearm.” On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously re-opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. Doug Burrell (no address), retired police officer. Spoke as a victim of gun violence. Had many concerns about the law, how it would be enforced. Not in favor of the law. Tom Heslin, resident. Has similar concerns as Mr. Burrell. Asked how the Town will protect the people inside the Town building. Also concerned about enforcement. Not in favor of the law. Scott Sommavilla, President of the Westchester County Firearm Owners Association. Law will negatively effect visitors to the Town Center who need firearms for protection. If passed the Town will need a firearms depository. Not in favor of the law. Nicole Fiftal, resident, spoke as a Mom of small children. Does not agree with exemption, believes them unnecessary; less guns the better. In favor of the law. Mario Muollo, Vice President of the Westchester County Firearm Owners Association. Noted that he attended the previous public hearing, as well as previously submitting a written technical criticism of the law, then read a prepared statement. Not in favor of the law. Darly nn Gordon, resident, stated that more guns do not make her feel safe. She agrees with the exemptions. In favor of this law. Robert DiVencenzo, Yonkers resident, read from a written statement against the legislation. Fran Snedeker, resident, appreciates the effort to eliminate excess guns. In favor of the law. Sally Robling, resident, rejects any statements that the Town is safer with individuals who can legally carry firearms. In favor of this law. 4 July 11, 2018 Charlie Dishensky, Police Officer in the Village of Mamaroneck, believes as a Police Officer he feels this law is misguided. Not in favor of the law. Sara Tauber, new resident, applauded the Town and refutes stated findings that more guns make for safer environments. In favor of the law. Doug Burrell, clarified the training requirements for non-police as one of retreat when confronted. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following Local law was approved: Local Law No. 5 - 2018 This local law shall be known as the “Banning of Firearms within specified Town Buildings” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town Board is aware of the country’s current plague of shootings of, and other types of attacks on, innocent persons in schools, in the workplace, in places of worship, in other public places, and in homes. The Town Board recognizes that it cannot solve this problem and is mindful of the right to bear arms given to the people by the Second Amendment to the United States Constitution and by New York Civil Rights Law § 4. Balanced against these rights is the Town’s objective of providing a safe work environment for Town employees and a safe place for visitors to Town buildings. Weighing these competing points, the Town Board finds that safety is paramount. Therefore this law bans possession of firearms within the Town Buildings identified in this local law by persons, other than those permitted to do so by this law. Section 2 – Creation of a new article in a current chapter of the Mamaroneck Code: Chapter 100 of the Code of the Town of Mamaroneck hereby is amended to add the following Article III to it: Chapter 100 Article III: Firearms Banned in Town Buildings § 100-7. Legislative Intent. The Town Board is aware of the country’s current plague of shootings of, and other types of attacks on, innocent persons in schools, in the workplace, in places of worship, in other public places, and in homes. The Town Board recognizes that it cannot solve this problem and is mindful of the right to bear arms given to the people by the Second Amendment to the United States Constitution and by New York Civil Rights Law § 4. Balanced against these rights is the Town’s objective of providing a safe work environment for Town employees and a safe place for visitors to Town buildings. Weighing these competing points, the Town Board finds that safety is paramount. Therefore this law bans possession of firearms within the Town Buildings identified in this article by persons, other than those permitted to do so by this law. In enacting this law, the Town Board is relying on the oft-quoted phrase from the United States Supreme Court’s decision in District of Columbia v Heller, 554 US 570, 626 (2008): “Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding . . . laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . .” and the Supreme Court’s reiteration of that proposition in McDonald v City of Chicago, Illinois, 561 US 742, 786 (2010) (“We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as . . . ‘laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . .’ ”). Preceding Heller and McDonald, the Attorney General of the State of New York, in Informal Opinion No. 89-75, opined that a village, when acting in its proprietary capacity, could ban possession of firearms within Village Hall. In reaching 5 July 11, 2018 this conclusion, the Attorney General relied upon Barrett v Kunzig, 331 F. Supp. 266, 272 (M.D. Tenn 1971), cert den, 409 US 914 (1972) which had observed: “\[I\]t would seem clear that the United States Government and its custodian, General Services Administration, could make use of its property as could any private citizen with his home. Hence, it could prevent entry or make such conditions as it deemed proper as a precedent to entry.” After Heller, the Tenth Circuit Court of Appeals faced a case where banning the possession of firearms on government property was the issue. In Bonidy v United States Postal Serv., 790 F3d 1121 (10th Cir. 2015), the Court of Appeals upheld the constitutionality of the section of the Code of Federal Regulations that prohibits carrying firearms while on property belonging to the United States Postal Service (39 CFR § 232.1 \[l\]) against a challenge from a person with a permit to carry a concealed weapon. Although the United States Postal Service (USPS) is an arm of the government and not a private company, the Court noted: “As a government-owned business acting as a proprietor rather than as a sovereign, the USPS has broad discretion to govern its business operations according to the rules it deems appropriate. . . . \[T\]he bans \[on possession of firearms\] struck down in Heller and McDonald . . . regulated wholly private activity and applied to every citizen within the respective jurisdictions. By contrast, the regulation challenged here applies only to discrete parcels of land owned by the U.S. Postal Service, and affects private citizens only insofar as they are doing business with the USPS on USPS property. And the regulation is directly relevant to the USPS’s business objectives, which include providing a safe environment for its patrons and employees.” Bonidy, 790 F3d at 1126-27. Finally, this law is compatible with the federal statute (18 USC § 930) that, with certain exceptions, bans the possession of firearms within those buildings owned or leased by the Federal government where employees of the federal government are regularly present for the purpose of performing their official duties. The Town Board, acting in its proprietary capacity as owner of the Town Buildings defined below, enacts the following ban on the possession of firearms in those Town Buildings. § 100-8. Definitions For the purpose of this article, the following terms have these meanings: “exempt person” means (a) police officers as that term is defined in subdivision thirty-four of section 1.20 of the NY Criminal Procedure Law, (b) peace officers as that term is defined in section 2.10 of the NY Criminal Procedure Law, (c) individuals in the service of the United States who, whether in pursuit of their official duty, or when authorized by federal law, regulation or order are authorized to possess a firearm, and (d) employees of banking institutions or armored transportation companies whose jobs require them to transport cash, but only when they are performing their duties for their employer. A person who is an exempt person pursuant to either paragraph (a), (b) or (c) of this section has that status under this law whether the person is on-duty or off-duty. A retired police officer or a retired peace officer shall be an exempt person under this law, if that officer possesses identification that meets the requirements of the Law Enforcement Officers Safety Act of 2004 (Chapter 44 of Title 18 of the United States Code) or any federal statute that replaces the Law Enforcement Officers Safety Act of 2004 with respect to the requirements for a retired police officer or a retired peace officer to carry a concealed firearm. “firearm” means an instrument meeting the description contained in any one of the following paragraphs of section 265.00 of the NY Penal Law: (1): Machine-gun (3): Firearm (11): Rifle (12): Shotgun (15-a): Electronic dart gun (15-c): Electronic stun gun (20): Disguised gun 6 July 11, 2018 (21): Semiautomatic (22): Assault weapon. “firearm” also includes BB guns, pellet guns, paint ball guns and air pistols or rifles. “Town Building” means the buildings and improvements known by these names and/or postal addresses, but not the parking lots that are adjacent thereto: (a) the Town Center located at 740 West Boston Post Road, Mamaroneck, NY 10543 (b) the Hommocks Park Ice Rink located at 140 Hommocks Road, Larchmont, NY 10538 (c) the Weaver Street Firehouse located at 205 Weaver Street, Larchmont, NY 10538 (d) the Ambulance District Building located at 155 Weaver Street, Larchmont, NY 10538 (e) the Highway Garage Building located at 40 Maxwell Avenue, Larchmont, NY 10538 (f) the Parks Building located within Memorial Park (g) the Senior Citizen Center located at 1228 Boston Post Road, Larchmont, New York 10538 (h) the Sheldrake Environmental Center located at 685 Weaver Street, Larchmont NY 10538. § 100-9. Illegal possession It is a violation of this law for any person, other than an Exempt person, to possess a firearm when in a Town Building. § 100-10. Resident Custodians Notwithstanding section 100-9, the custodian who resides at the Senior Citizen Center and the adult members of that custodian’s family are allowed to possess within the Senior Citizen Center the firearms which that person is licensed to possess, and the custodian who resides at the Sheldrake Environmental Center and the adult members of that custodian’s family are allowed to possess within the Sheldrake Environmental Center the firearms which that person is licensed to possess. § 100-11. Signage Notice of this law’s ban on the possession of firearms in Town Buildings shall be posted conspicuously at each public entrance to a Town Building. No person shall be convicted of violating this article if such notice is not so posted, unless such person had actual notice of the ban. § 100-12. Penalty A person who violates this article shall be charged with a violation and if convicted shall be punished by a fine of not less than five hundred and no/ths ($500.00) dollars and not more than one thousand and no/ths ($1,000.00) dollars. Section 3 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the Board of Fire Commissioners was unanimously declared open. 7 July 11, 2018 Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King 1. FIRE CLAIMS On motion of Councilwoman Elkind Eney, seconded by Councilman King, 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: VENDOR DESCRIPTION AAA Emergency Supply Co. Calibration, Scott parts, repairs, labor charge $918.73 Amazon.Com 35.98 T-Shirts Bound Tree Medical, LLC Medical Supplies 171.75 Cablevision Cable Services for 06/23/2018 - 07/22/2018 210.55 CIT Xerox Copier Contract 6/21/18 296.68 Con Edison Fire HQ Gas service 4/30/18-5/30/18 164.37 Con Edison Fire HQ Gas service 5/30/18 - 6/28/18 170.21 Galls, LLC Multi Lock Needle, Lifesaver seat belt cutter, Men's Reebok Classic skate toe 178 Goosetown Communications Depot repair - Vertex VW Series 162.5 KVI Uniforms & Equipment, Inc T-Shirts and Polos 314.5 Ready Refresh Rental for Water Coolers at FD HQ 5/19-6/18/18 122.96 Sammarco Stone Supply Parts to relocate gear washing machine 23.54 Sound Shore Pest Control Exterminating Services on 5/22/18 65 Town of Mam'k Fire Department Food for Work Detail on 6/23/18 128.89 Town of Mam'k Fire Department Water (Stop & Shop) 6/28/18, (Costco) 6/29/18 130.65 Tony's Nursery Inc 2 Annual flats, Hanging baskets, flats Marigold 143.93 UniFirst Corporation Cleaning supplies 6/1, 6/08, 6/15/18 237.86 Villa Maria Pizza Food for March Explorer Meeting/Drill 3/2/18, 5/23/18, ll 5/30/18 276.38 Villa Maria Pizza Food for Explorer Drill 6/6/18, Dept. Drill 6/19/18 and Fast Drill 6/27/18 307.77 Verizon Fire HQ Gas service 6/10/18 - 7/9/18 248.96 Westech Elevator Services, Inc. Maintenance for the month of June & July 2018 350 WJWW 205 Weaver St. charges 4/25/18 - 5/25/18 79.27 0 Total: 4738.48 The above resolution was put to a roll call vote: Commissioner King Aye Commissioner Fiddelman Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Seligson Aye 2. Other Fire Department Business Commissioner Elkind Eney read the Fire Report for the Month of June as submitted by Chief Tortorella as follows: June 2018 ALARM TYPE NUMBER Generals 26 Minors 20 Stills 3 Out of Town (Mutual Aid) 3 8 July 11, 2018 EMS 38 Drills 5 TOTAL 95 Total number of personnel responding: 593 Total time working: 46 hours and 21 minutes Commissioner Elkind Eney announced that at the recent Fireman’s Parade, the Town of Mamaroneck Fire Department won an award for having the second highest number of Firefighters marching in the parade. Commissioner Elkind Eney thanked the Department not only for a great turnout at the parade, but also for their service. There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner King, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization – Transfer of Funds – Ice Breaker Tournament On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Budget Amendment and Transfer of Funds in the amount of $4,521.00, for operating expenses for the Ice Breaker Tournament, as detailed by the Town Comptroller in the following schedule: BUDGET AMENDMENT - TRANSFER FROM TRUST FUND TO GENERAL FUND 7/11/2018 TOWN BOARD MEETING GENERAL TOWN WIDE FUND (FUND A): INCREASE BUDGET: TRANSFERS FROM TRUST A.0000.5041 FUND $4,521.00 PROGRAM OPERATING A.7265.4036 SUPPLIES $4,521.00 * (REPRESENTS USE OF ICE RINK LOCKER ROOM TRUST FUND DONATIONS FOR REIMBURSEMENT OF OPERATING EXPENSES ASSOCIATED WITH THE ICE BREAKER HOCKEY TOURNAMENT HELD APR 26-29, 2018.) (MEMO FROM SUPT. OF RECREATION ATTACHED) (ICE RINK LOCKER ROOM * TRUST A/C # T.0000.0116 TRUST FUND) ($4,521.00) The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 9 July 11, 2018 2. Authorization – Transfer of Funds – Capital Project #2018-14-Town Center On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Budget Amendment to Capital Project #2018-14 Town Center and the Transfer of Funds in the amount of $18,350.00, for the purchase of an intercom system at the Town Center, as detailed by the Town Comptroller in the following schedule: The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Authorization – Transfer of Funds – Capital Project #2018-31 On motion of Councilman King, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Budget Amendment to Capital Project #2018-31 Memorial Park and the Transfer of Funds in the amount of $2,954.17 , as detailed by the Town Comptroller in the following schedule: AMEND 2018 CAPITAL PROJECT & BUDGET - (#2018-14 TOWN CTR BLDG IMP) 7/11/2018 TOWN BOARD MEETING CAPITAL PROJECTS FUND (FUND H): AMEND BUDGET: EXP H.1620.0400.2018.14 TOWN CENTER BUILDING IMPROVEMENTS $ 18,350.00 REV H.0000.5031.2018.14 TRANSFERS FROM GENERAL TOWNWIDE FUND $ 18,350.00 (CAPITAL PROJECT #2018-14) (Increase project budget with $18,350 of unreserved General Townwide fund balance for the purpose of purchasing & installation of an intercom system for after business hours access to building & controls to operate handicap accessible doors. * Original Capital Project Budget: $ 835,000.00 * Funding source: * SERIAL BONDS / BANS - R.O.B. 2/28/18 $ 785,000.00 * TRANSFER FR GENERAL TOWNWIDE FUND - 2018 TOWN BUDGET $ 50,000.00 * TRANSFER FR GENERAL TOWNWIDE FUND - R.O.B. 7/11/18 $ 18,350.00 * Capital Project Budget amended & adopted on 7/11/18: $ 853,350.00 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 10 July 11, 2018 4. Authorization – Easement Agreement - 11 West Drive On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Easement Agreement between the Town of Mamaroneck and Marc Teich of 11 West Drive, 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: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. Authorization – Consulting Services – Continued Review of Street Light System Deferred 6. Set Public Hearing – Parking Restriction – North Chatsworth Avenue On motion Councilwoman Elkind Eney, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on “Restriction on Parking on the Portion of the West Side of North Chatsworth Avenue from Lafayette Road to the Driveway Entrance to 35 North Chatsworth Avenue” Law, for August 22, 2018 at 8:00PM at the Town Center, 740 West Boston Post Road, 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. 7. Salary Authorizations – Police Department On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Matthew DiBuono to the position of Probationary Police Officer, at an annual salary of $57,708.00, effective July 23, 2018. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 11 July 11, 2018 On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Paul Walsh to the position of Probationary Police Officer, at an annual salary of $40,000.00, effective July 23, 2018. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 8. Consideration of Certiorari On motion of Councilwoman Fiddelman, 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: Hampshire Country Club 1025 Cove Road Section/Block/Lot: 4-14-20 Town of Mamaroneck Section/Block/Lot: 9-42-568 Town of Mamaroneck/Village of Mamaroneck Section 4 Block 14 Lot 20 Year Current Assessment Reduction Resulting Assessment 2013 $1,000,000 $465,000 $535,000 2014 $1,000,000 $465,000 $535,000 2015 $1,000,000 $465,000 $535,000 2016 $1,000,000 $465,000 $535,000 2017 $1,000,000 $465,000 $535,000 Section 9 Block 42 Lot 568 Year Current Assessment Reduction Resulting Assessment 2013 $12,000,000 $5,535,000 $6,465,000 2014 $12,000,000 $5,535,000 $6,465,000 2015 $12,000,000 $5,535,000 $6,465,000 2016 $12,000,000 $5,535,000 $6,465,000 2017 $12,000,000 $5,535,000 $6,465,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 9. Set date for August Town Board Meeting On motion of Councilman King, seconded by Councilwoman Elkind Eney, it was 12 July 11, 2018 RESOLVED, that the Mamaroneck Town Board does hereby set the August 2018 Town Board Meeting for August 22, 2018. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye APPROVAL OF MINUTES – May 16, 2018 and June 6, 2018 On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of May 16 and June 6, 2018. 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 Katz, seconded by Councilwoman Fiddelman the meeting was unanimously adjourned at 9:45 PM ________________________________ Submitted by Christina Battalia, Town Clerk 13