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HomeMy WebLinkAbout2020_04_01 Town Board Minutes April 1, 2020 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD APRIL 1, 2020 BEGINNING AT 5:00 PM. PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDER NO. 202.1, SUSPENSION OF LAW ALLOWING THE ATTENDANCE OF MEETINGS TELEPHONICALLY OR OTHER SIMILAR SERVICE: Article 7 of the Public Officers Law, to the extent necessary to permit any public body to meet and take such actions authorized by the law without permitting in public in-person access to meetings and authorizing such meetings to be held remotely by conference call or similar service, provided that the public has the ability to view or listen to such proceeding and that such meetings are recorded and later transcribed; PRESENT: Supervisor Nancy Seligson Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilwoman Sabrina Fiddelman 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 Additionally Present: Lindsay Luft Administrative Assistant On motion of Councilwoman Fiddelman, seconded by Councilman King, the Work Session was unanimously opened at 5:00 p.m. Discussion - Rock Removal Law The Town Board reviewed a redlined version of the “law as it currently exists and adds all the changes proposed since November that the Town Board has expressed an interest in deliberating upon.” Supervisor Seligson noted that due to the current situation the Town Board should use this time to analyze and move forward while awaiting a time when a public hearing can be set and the public can comment in person. The Town Board reviewed the current version of the law in detail, and no additional changes were made. It was noted that there were five permits issued in the past year. Mr. Maker will speak with Mr. Polcari to reaffirm that there are no administrative issues in this amended law as currently written. Residents can email any comments to the Town Board. Additionally, Supervisor Seligson stated that by the authority given to her in declaring a State of Emergency for the Town, she has suspended rock removal law until further notice. NEW BUSINESS Property Tax Collection Supervisor Seligson stated that she was on a conference call with Westchester County in which the County suggested proposed legislation to provide relief to tax payers for the upcoming Town and County taxes th due April 30.. Supervisor Seligson noted that the State heard the concerns from residents’ that they need time to pay their taxes. The State is allowing residents to pay their income taxes up through July 15, without penalty. The County proposed to allow County residents to pay their property taxes up through th July 15 without penalty, but . municipalities must still pay 60% of taxes due the County by May 25th. The County also proposed the Towns administer a hardship criteria to determine which residents would be th allowed to pay taxes up to July 15. Mr. Maker noted that any proposed law by the County would need to go through the approval process and could take weeks to adopt. There was a question of how many residents’ escrow their taxes, and Mr. Altieri stated that he will find out. The Town will need to determine if and how they will participate in any of these new provisions. There will be a public hearing held by Westchester County, and the Town will take any comments from residents to that hearing if asked. 1 April 1, 2020 The following from the County Board of Legislators is entered into the record as follows: The County Board of Legislators will be holding public hearings about a measure, which would give Towns the authority to reduce penalties for late payment of County and town taxes through July 15. The proposed measure would provide relief for Westchester property taxpayers this year because of the coronavirus epidemic. The measure, whose details were suggested by a consortium of Town Supervisors, will give Towns the authority to reduce penalties for late payments of County and Town taxes and County district taxes, through July 15. It is designed to provide relief to property taxpayers while giving Towns a tool they can fairly and uniformly apply, without requiring an application by taxpayers or an administrative process of evaluating individual hardship claims. Town and County property taxes and assessments are due April 30. Under the proposed measure, penalties for late payments from May 1-May 31 would reduced from two percent to one-half percent. For taxes paid from June 1 through July 15, penalties would be reduced from five percent to one percent. Towns will have the ability to opt out of the program if they choose. Update - Corona Virus Supervisor Seligson gave the current number of cases in the State, County and Town of Mamaroneck. Mr. Altieri gave an update on cases among the staff and the current staffing changes in Highway, Sanitation and Police. Supervisor Seligson noted that the email notification sign-up has increased by a few hundred residents. Preliminary Financial Update – Coronavirus The Town Board reviewed a memo prepared by Comptroller, Tracy Yogman, dated April 2, detailing budget projections as of March 30, 2020. The following revenues were addressed in preparing the projections; tax collections, mortgage tax revenue, sales tax, state aid, parking permit revenue, recreation revenue, use of money, fines and forfeitures, personal services expense/benefits, equipment, capital, building permits, highway garage repair revenue, contractual expenses. Mr. Altieri noted that he and Comptroller took a very conservative view in preparing these financials. Peddler’s Law Review Mr. Maker has been contacted by lawyers representing Aptive Environmental. They are requesting changes to the Town’s Peddling and Soliciting Law. Aptive Environmental is questioning the legality of the curfew and of the fee in the Town’s law. They are maintaining that they have a rights under commercial free speech. The town board asked Mr. Maker to investigate if there is case law supporting the view that the curfew is unconstitutional. The board is aware that residents support this curfew and would only look to change this if the case law supports this. Property Assessments The Town Board reviewed a memo from the Town Assessor with an update on the 2020 Town Revaluation. The year 2020 is a “town-wide” or reappraisal reassessment year for the Town of Mamaroneck and the final year in our cycle, as per the reassessment plan previously submitted to the NYS ORPTS. Due to the current crisis, the Town Board discussed deferring the “Town-Wide” revaluation project for one year. Ms. Valenza will make an inquiry to ORPTS to see if the Town could defer. Review - Parking Permit Renewals The Town Board reviewed a recommendation from the Town Clerk to extend the expiration date of current parking lot permits until June 30, 2020. The Board agreed to extend the permits. The Town Clerk to notify the residents. 2 April 1, 2020 New Business Mr. Altieri gave reported the Community Development Block Grant funding has been increased. The Urban County Consortium would like to use this funding to help the communities during this crisis. A number of ways have been suggested, one favored by the Town Administrator would be to help small businesses. Update – Capital Project Status – COVID-19 The Town Board reviewed a memo from the Town Administrator as well as from the Town Engineer, dated March 31, outlining the current capital construction projects in preparation of the discussion at the next meeting. A financial status report on expenditures to date for each project, and how to move forward with each project will be discussed at the next meeting. Supervisor Seligson noted that Winged Foot Golf Club and Hampshire Golf Club, reached out to the Town asking if there was anything they could do to help the community. Supervisor Seligson suggested opening up the courses for walking. The US Open is still undecided on whether they will cancel. They plan to make a decision in the next few weeks. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 7:30 p.m. Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this evening, adding this is an open meeting that was available through the internet and residents may ask questions through an email address listed on the agenda. SUPERVISOR’S SUMMARY REPORT Supervisor Seligson read from her recent Newsletter, noting that it had quite a bit of important information regarding the Coronavirus and changes to schedules in the Town. OUT OF ORDER 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 Commissioner: Jeffery L. King 1. FIRE CLAIMS On motion of Commissioner Elkind Eney, seconded by Commissioner Fiddelman, it was 3 April 1, 2020 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: ATTACMENT A 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 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. OUT OF ORDER AFFAIRS OF THE TOWN 1. Intermunicipal Agreement - Westchester County – Two way Radio Equipment On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement between the County of Westchester and Town of Mamaroneck, subject to final review by Counsel, for the replacement of emergency service radios for Fire, EMS and Public Safety Answering Points (PSAPS), 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 2. Change of Town Board Meeting Date On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby change the Monday, April 13, 2020 Town Board Meeting to Wednesday, April 15, 2020. OUT OF ORDER CITIZEN’S COMMENTS 4 April 1, 2020 Supervisor Seligson reminded residents that comments are being taken via email. Details are on the agenda. APPROVAL OF MINUTES 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 February 19, 2020 and March 4, 2020. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. PUBLIC HEARING – “Emergency Extension for Filing of an Application for a Senior Citizen Exemption” 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 further pursuant to Executive Order No. 202.1 Suspension of Article 7 Public Officers Law, a Public Hearing will be held on Wednesday, April 1, 2020 at 8:00 PM or as soon thereafter as is possible, telephonically from the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider, “Emergency Extension for Filing of an Application for a Senior Citizen Exemption” Law. Purpose The Town Code requires those persons aged 65 or older who want to apply for a partial exemption from real estate taxes to file an application therefor by no later than May 1 of each calendar year. The novel coronavirus pandemic may make it impossible for certain eligible persons to meet this deadline. So that such persons do not miss the opportunity to file for such exemption, this local law extends the time for filing an application for the 2020 assessment roll to coincide with the last date for filing an administrative complaint challenging an assessment appearing on the Town’s 2020 tentative assessment roll. The full text of this document can be viewed on the Town’s website, www.townofmamaroneckNY.org, or by calling the Town Clerk’s Office at 914-381-7870, for a mailed copy. 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: March 25, 2020 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson asked Lyndsey Luft if anyone had emailed any comments, and she responded no. On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously closed. 5 April 1, 2020 On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following Local law was approved: Local Law No. 3 - 2020 This local law shall be known as the “Emergency Extension for Filing of an Application for a Senior Citizen Exemption” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town Code requires those persons aged 65 or older who want to apply for a partial exemption from real estate taxes to file an application therefor by no later than May 1 of each calendar year. The novel coronavirus pandemic may make it impossible for certain eligible persons to meet this deadline. So that such persons do not miss the opportunity to file for such exemption, this local law extends the time for filing an application for the 2020 assessment roll to coincide with the last date for filing an administrative complaint challenging an assessment appearing on the Town’s 2020 tentative assessment roll. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 195-6 A of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: A. The owner or all of the owners must file an application annually in the Assessor's office of the Town in which the real property is located. Applications must be filed in the Assessor's office on or before the taxable status date of the Town assessment roll, which is May 1 of each calendar year. Notwithstanding the preceding sentence, the last date for filing such application in 2020 shall be June 16, 2020. Except as so amended, section 195-6 shall remain in full force and effect. 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 ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilman King, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 6 April 1, 2020 ATTACHMENT A 7