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HomeMy WebLinkAbout2018_11_07 Town Board Minutes November 7, 2018 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON NOVEMBER 7, 2018, BEGINNING AT 5:00PM IN CONFERENCE ROOM C 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 ABSENT: Councilman Jeffery L. King ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator Connie Green O’Donnell, Deputy Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Work Session was unanimously opened at 5:00PM. Discussion – Redesign of Madison Avenue and New Jefferson Street Intersection Additionally Present: Tom Baird and Peter Christiano of Barton and Loguidice, D.P.C. Supervisor Seligson introduced the Town’s consultants for this project and recapped prior discussions and analysis of a traffic circle for this intersection. That project was estimated due to cost estimated at nearly 4 million, proving to be cost prohibitive. The Town is therefore looking to upgrade the intersection with an alternative plan utilizing traffic signals. The representatives from Barton and Loguidice distributed handouts and presented a visual presentation for two alternative plans for the intersection. The goal for this project is for a safer and more functioning intersection for vehicles and for pedestrians. Mr. Baird stated that data was used from the work his company did with respect to a round-a-bout. The Town Board also discussed possible funding sources for sidewalks along Fifth Avenue. Supervisor Seligson stated that New Rochelle should be contacted regarding a possible joint project along Fifth Avenue. Mr. Baird will send the full slides presented this evening, as well as costs estimates to Mr. Altieri for distribution to the Town Board. ADDED ITEM Supervisor Seligson reminded the Town Board that they previously discussed contributing $1,000 to the SALT litigation being administered by Assemblywoman Amy Paulin. Supervisor Seligson noted that she has received a list of the other municipalities contributing. On motion of Supervisor Seligson, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize a payment in the amount not to exceed $1,000, to participate in research to determine legal efforts to respond to the Internal Revenue Service’s response to New York State’s legislation allowing for a real property tax credit, enacted in response to the Federal Tax Cuts and Jobs Act of 2017. The above resolution was put to a roll call vote: King ABSENT Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 1 November 7, 2018 Councilwoman Katz gave an update on the upcoming LMCTV Board of Control Meeting. Discussions will take place regarding franchise fees and how they would be effected after negotiations with the franchisee. There will also be discussions of an appointment of a new Director. The Town Board noted its continued hesitation on losing any franchise fees. Mr. Altieri noted that LMCTV is doing another analysis to analyze the Mamaroneck Fire House Building. The Town Board gave Councilwoman Katz a number of questions to ask the Board of Control. Reusable Bag Initiative (RBI) Advisory Opinion The Town Board reviewed the Advisory Opinion from the Sustainability Collaborative. The Sustainability Collaborative at its meeting of October 9, 2018, unanimously agreed to ask the Town Board to consider RBI legislation based closely on New Castle’s. In their Advisory Opinion, the Sustainability Collaborative addressed their function with respect to implementation, as well as detailing the benefits of an initiative. Councilwoman Fiddelman stated concern that this would negatively affect those in the community who are the most disenfranchised. Councilwoman Fiddelman asked about tapping into efforts by Westchester County, adding concerns of a small community taking on large stores that might be willing to litigate. Supervisor Seligson noted that the Town will be issuing free reusable bags, and also noted that there appears to be no efforts to move forward by the County. Councilwoman Katz also recommend not specifying any size with respect to the exception for meat, produce and newspapers bags. Councilwoman Elkind Eney suggested that legislation be consistent throughout the Town and its Villages. Discussion – Override the tax levy limit legislation The Town Board reviewed the draft legislation. The setting of a public hearing is on the regular agenda for this evening. Discussion – Sewer Rent Rate 2019 The Town Board reviewed a detailed memo from Mr. Altieri dated November 2, 2018 and titled Preliminary Review Sewer Rent Rate -2019. Supervisor Seligson thanked Mr. Altieri for an excellent memo. The Town Board added to the regular agenda the setting of a public hearing, for December 5, 2018, to adopt the 2019 Sewer Rent Rate. Comprehensive Plan The Town Board revisited the idea of hiring a parking consultant and how best to orchestrate that with the consultants who have submitted proposals for a Comprehensive Plan. The Town Board discussed whether to create an RFP for a parking consultant. That consultant could be one who has not already submitted a proposal for a Comprehensive Plan. The Town Board could also choose one of three consultants who have already met with the Town Board to prepare a Comprehensive Plan, and ask them to do a separate parking plan. The Town Board will think about this further and discuss this again at the upcoming Budget Worksession. ADDED ITEM Resolution Appointing Hearing Officer Pursuant to Civil Service Law § 75 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Town Board finds and approves the following: WHEREAS, charges have been preferred against Employee # 6342, and WHEREAS, the Employee is entitled to contest these charges at a hearing conducted pursuant to Civil Service Law § 75, and WHEREAS, the Town Board wishes to designate a person to conduct such hearing, make written findings of fact and recommendations and transmit such findings and recommendations to the Town Board for its review and decision with respect to the charges preferred against Employee # 6342. NOW, THEREFORE, BE IT 2 22222222 November 7, 2018 RESOLVED, that Peter A. Korn is designated as the Hearing Officer to conduct a hearing pursuant to Civil Service Law § 75 on the charges preferred against Employee # 6342, and BE IT FURTHER RESOLVED, that Mr. Korn shall make written findings of fact and recommendations and transmit such findings and recommendations to the Town Board for its review and decision with respect to the charges preferred against Employee # 6342, and BE IT FURTHER RESOLVED, that the Town shall compensate Mr. Korn for his services as hearing officer at the rate of two hundred dollars ($200) per hour, plus transportation expenses charged at the applicable IRS business mileage rate, and BE IT FURTHER RESOLVED, that the Town will not reimburse Mr. Korn for any disbursements incurred in connection with this mater (such as, the cost of recording and transcribing the hearing) unless incurring such disbursements is authorized by the Town Comptroller before such disbursements are incurred. The above resolution was put to a roll call vote: King ABSENT Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye ADDED ITEM Update - October 16, 2018 Con Edison – Post Storm After Action Meeting Councilwoman Elkind Eney reported on the October 16, 2018 Con Edison – Post Storm After Action Meeting With Tim Cawley, President of Con Edison. Councilwoman Elkind Eney noted from her memo two areas where Con Edison fell short - Response and Communication. With respect to response they plan to 1) make overhead systems more resilient 2) call for mutual aid earlier and increase the pool from which to draw crews, 3) begin pilot program addressing hazardous trees, 4) prioritize roads and critical facilities. With respect to communication Con Edison has 1) fixed bugs in system 2) backed up website 3) done more testing, 4) instituted a text messaging system, 5) developed a system of serial messaging, from general to specific, as time progresses and more information becomes available during an event. As regards municipal liaisons, they plan to improve information available to them, focus on the priorities of each community so that they can better direct crews. Hommocks Road Improvements Mr. Altieri displayed a site plan to improve Hommocks Road, proposed and presented to Mr. Altieri by residents of Hommocks Road. On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the Board unanimously agreed to enter into an Executive Session to discuss a public private partnership. EXECUTIVE SESSION Public Private Partnership On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the Board unanimously agreed to resume the Regular Meeting. 3 November 7, 2018 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 The big mid-term elections were yesterday and I want to congratulate Town Councilman Jeff King for being elected to a 4-year term as Councilman. I also want to congratulate Keith Waitt and Victor Tarfur for being reelected and Dan Natchez for being elected as Mamaroneck Village Trustees. Congratulations to Senator Mayer and Assemblyman Otis for their reelection victories also. Congratulations to Town resident David Everett on his reelection to Supreme Court Judge. th The Town sponsored the Second Annual Food Truck Festival on October 20. There were 16 food trucks, live music and games. Emergency service responders were in attendance and their vehicles were on display. Fortunately, we had great weather. There were lots of happy people eating delicious food. Thank you to the many Town employees for their participation and special thanks to the Recreation Department who spearheaded the event. The Town Board has held two budget meetings to review departmental budgets and has two more thth meetings scheduled. One is Monday November 12 and the next is Wednesday November 14, both at 5:30 pm in Conference room D in the Town Center. The Town Board continues to talk about the update of the Comprehensive Plan. Most of the TB members attended a WMPF seminar on Comprehensive Planning two weeks ago. We are considering how to move forward with immediate Town needs versus more long term policy and planning. A joint project between the Town of Mamaroneck and City of New Rochelle will give new life to a beloved local bridge. The Pryer Manor Road Bridge (aka Red Bridge) is part of Pryer Manor Road, a roadway over the tidal waters of Premium River at its junction with Premium Mill Pond. These waterways form the boundary between the Village of Larchmont (Town of Mamaroneck) to the east and the City of New Rochelle to the west. Due to tidal action, the bridge’s arched openings have deteriorated over the years. It is anticipated that the bridge rehabilitation project will be completed in approximately three months during which Red Bridge will be closed. We apologize for any inconvenience. Congratulations to the TMFD for a successful and enjoyable Inspection Dinner. It is always a pleasure to celebrate and thank the firefighters for their dedication and commitment to the Town. Thank you to the Village of Larchmont for hosting a community candlelight vigil for peace and tolerance last week. Mayor Lorraine Walsh and members of the clergy spoke as hundreds of residents gathered together creating a special moment to feel proud of and happy to be in our Larchmont/Mamaroneck community. In response to resident concerns about coyotes in the area, the Town hosted an information session on the topic of coyotes last week. Kevin Clarke, a Wildlife Biologist with the NYS Department of Environmental Conservation was the guest speaker. Kevin made it clear that coyotes do not prey on humans, but they could be interested in cats and small dogs. He suggested walking dogs on a leash at all times and perhaps carrying a stick. Coyotes are in every County in the State. He said the species is here to stay. I was very happy to speak to the Murray Avenue School second graders about their Town government last week on their annual field trip to the Town Center. Finally, please follow the rules for leaf collection. Leaf piles cannot be mixed with other debris, only fall leaves. Leaf piles mixed with other debris will not be collected. The County will not accept leaves mixed with other debris. If leaves are mixed with other debris in front of your house, you will receive an initial notice to advise you of the violation that looks like this. If not corrected, after that you will receive an actual notice of violation. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board, and there was not. 4 November 7, 2018 BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind Eney, seconded by Commissioner Katz, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Absent was the following Member of the Commission: Commissioner: Jeffery L. King 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: VENDOR DESCRIPTION AAA Emergency Supply Co. Scott #804721-01-4.5 Carbon 30 minute Cylinders W/Valve $5,443.20 AAA Emergency Supply Co. 485.99 Little Giant ladder defender AAA Emergency Supply Co. Service repairs, Refill Scott Air cylinder 119.24 Aubry, Nicholas Bedding for Nick Aubry 64.84 Bound Tree Medical, LLC Medical supplies 154.00 CIT Finance LLC Xerox Copier contract 10/22/18 296.68 Con Edison Fire HQ Gas SVC 8/28/18 - 9/27/18 81.24 Connecticut Business Systems Copies - 9/11-10/10/10/18 overage period 254.59 Grainger Bathroom cleaner canister 24pk 27.18 Complete Physical Exams: Recert. Exams, TB Tests, Hepatitis B & Inter-State Diagnostics, Inc. Titer Vaccines, etc. 8,590.00 New England Uniforms Years of service badges 480.00 Ready Refresh Water Cooler rental for 9/19/18 - 10/18/18 122.96 Seagrave Fire Apparatus, LLC Equipment Lease - Ladder For Fire Dept. ( October 2018) 7,500.00 Seagrave Fire Apparatus, LLC Equipment Lease - Ladder For Fire Dept. (November 2018) 7,500.00 Life Ins for Career Staff of 12 for the month of July 2018 (three Town of Mam'k PFFA pay periods) 282.96 Life Ins for Career Staff of 12 for the month of Aug. 2018 (two Town of Mam'k PFFA pay periods) 188.64 Life Ins for Career Staff of 12 for the month of Sept. 2018 (two Town of Mam'k PFFA pay periods) 188.64 Town of Mam'k Fire Dept. OSHA DAY - Restaurant Depot, Stop & Shop and Dunkin Donuts 417.70 UniFirst Corp. Cleaning Supplies 10/12/18 68.44 UniFirst Corp. Cleaning Supplies 10/26/18 68.44 Verizon Fire HQ SVC 10/10/18 - 11/9/18 251.53 VF Imagewear, Inc. Coat for Austin Renzetti 255.25 Villa Maria Pizza Food for Osha Day 10/14/18 179.07 Food for: Fast Drill 10/25/18, Special Rescue Drill 10/29/18, Villa Maria Pizza Work Detail L19 Bay Move 10/28/18 203.60 0.00 Total: 33,224.19 5 November 7, 2018 The above resolution was put to a roll call vote: Commissioner King ABSENT Commissioner Fiddelman Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Seligson Aye 2. Other Fire Department Business Commissioner Elkind Eney reminded residents that as is customary at Daylight Savings, residents are reminded to change the batteries on their smoke and carbon monoxide detectors. There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner Fiddelman, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization to Proceed – Sanitary Sewer Rehabilitation Project On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the City of New Rochelle awarding Contracts P33A and P33B to the lowest responsible bidders in order to proceed with the Sewer Rehabilitation Project, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute an amendment to the existing Consortium Intermunicipal Agreement for the City of New Rochelle to administer the construction contracts. The above resolution was put to a roll call vote: King ABSENT Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2. Authorization – Agreement – Integrated Technical Systems, Inc. (ITS) - Palm-Tech / Palm-Tech On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the agreement between the Town of Mamaroneck and Integrated Technical Systems, Inc., to provide to the Town software developed by NetTech Solutions/NTS Holdings, Inc. The above resolution was put to a roll call vote: King ABSENT Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6 November 7, 2018 3. Authorization – Agreement – Fundamental Business Solutions – Parking Ticket Payment System On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the agreement between the Town of Mamaroneck and Fundamental Business Solutions, Inc., for the processing of payments for parking tickets. The above resolution was put to a roll call vote: King ABSENT Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 4. Authorization – Transfer of Funds – Aerial Lift Truck On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the budget amendment and transfer of funds in the amount of $104,500, with a net cost to the Town, after insurance reimbursement, of $60,500, for the purchase of a new Aerial Lift Truck as detailed by the Town Comptroller in the following schedule: AMEND 2018 CAPITAL PROJECT & BUDGET - (#2018-06 HWY VEHICLES & EQUIP) 11/7/2018 TOWN BOARD MEETING CAPITAL PROJECTS FUND (FUND H): EXP HIGHWAY/GARAGE VEHICLES & EQUIPMENT $ 104,500.00 REV TRANSFERS FROM PART TOWN FUND $ 104,500.00 (CAPITAL PROJECT #2018-06) (Increase project budget with $60,500 of unreserved Part Town fund balance & $44,000 Insurance Recovery funds for the purpose of purchasing a new truck (Aerial Lift) for replacement of vehicle damaged in accident. Total $104,500 Original Capital Project Budget: $ 365,000.00 Funding source: BONDS/BANS $ 335,000.00 TRANSFER FR HIGHWAY FUND - 2018 TOWN BUDGET $ 30,000.00 TRANSFER FR PART TOWN FUND - R.O.B. 11/7/18 $ 104,500.00 Capital Project Budget amended & adopted on 11/7/18: $ 469,500.00 PART TOWN FUND (FUND B): EXP TRANSFER TO CAPITAL PROJECT $ 104,500.00 REV INSURANCE RECOVERIES $ 44,000.00 REV APPROPRIATED FUND BALANCE $ 60,500.00 7 November 7, 2018 The above resolution was put to a roll call vote: King ABSENT Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. Set Public Hearing – Override Tax Levy Limit On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Override the tax levy limit established in General Municipal Law 3-c” Law, for December 5, 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. 6. Set Public Hearing – Vehicle and Traffic Laws On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Vehicle and Traffic Law for the Town of Mamaroneck” Law, for November 19, 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. ADDED ITEM On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the amended Fine Schedule as part of the Vehicle and Traffic Law set for a public hearing on November 19, 2018. The above resolution was put to a roll call vote: King ABSENT Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 7. Consideration of Certiorari On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was 8 November 7, 2018 RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Peter Recchia 621-625 Fenimore Road Section/Block/Lot: 8-31-1.1 Town of Mamaroneck/Village of Mamaroneck Year Current Reduction Resulting Assessment Assessment 2013 $550,000 $ 135,000 $415,000 2014 $550,000 $ 130,000 $420,000 2015 $550,000 $ 115,000 $435,000 2016 $550,000 $ -0- $550,000 2017 $550,000 $ 115,000 $435,000 The above resolution was put to a roll call vote: King ABSENT Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Larchmont Palmer Owners, Inc. 1299 Palmer Avenue Section/Block/Lot: 4-1-1 Town of Mamaroneck Year Current Assessment Reduction Resulting Assessment 2013 $17,900,000 $5,220,000 $12,680,000 2014 $17,900,000 $4,800,000 $13,100,000 2015 $17,900,000 $4,050,000 $13,850,000 2016 $17,900,000 $2,800,000 $15,100,000 2017 $17,900,000 $2,150,000 $15,750,000 The above resolution was put to a roll call vote: King ABSENT Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 8. Set Public Hearing – Sewer Rent Rate 2019 On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on adopting the 2019 Sewer Rent Rate, for December 5, 2018 at 8:00PM at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, 9 November 7, 2018 RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said Notice, be posted. APPROVAL OF MINUTES – October 17, 2018 On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of October 17, 2018. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT Supervisor Seligson closed the meeting in memory of Alan Fabler, as stated by Councilwoman Elkind Eney, a beloved teacher. The Town also closes the meeting in memory of Joseph Paterno. Mr. Paterno was a Town employee for 37 years. He began his career with the Town in 1962 and retired in 1999. He was a dedicated and well respected by management and staff. Mr. Paterno was also a resident of the Town and served our community as a volunteer firefighter, an auxiliary Police Officer for the Village of Mamaroneck and a member of the Sons of the American Legion Post 90. Our sympathy goes out to his family. On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the meeting was unanimously adjourned at 9:30 PM ________________________________ Submitted by Christina Battalia, Town Clerk 10