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HomeMy WebLinkAbout2020_12_02 Town Board Minutes (2) December 2, 2020 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD DECEMBER 2, 2020 AT 6:00 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: Tracy Yogman Town Comptroller and Lindsey Luft Assistant to the Town Administrator On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Work Session was unanimously opened at 6:00 p.m. Rock Removal Law In preparation for this evening’s public hearing, the Town Board discussed the potential effective date of the local law and the expiration of the Moratorium. The Town Board would like to pass the local law now, and extend the Moratorium until late spring. The Town Board discussed and then edited the draft to include and define ‘pulverized’. Sanitation Commission The Town Board reviewed and discussed the ‘LMJGC 2020 Budget Projection-Revenue’ report, the ‘2020 LMJGC Fund Balance Projection’ report and the ‘Summary of Daily Weights’ report. It was noted that the State Comptroller recommends that the effective date for the creation of a District be January 2022. The reason for this recommendation is that the State Comptroller cannot adjust the tax cap mid-year. The current Commission surplus will need to be distributed if the Commission ends and the District is created. rd Supervisor Seligson noted that the Sanitation Commission will be meeting, tomorrow, December 3, to discuss the elements of the figures and calculations discussed this evening. An important part of tomorrow’s Sanitation Commission meeting will be the discussion of how the expenses will be apportioned within the District. Mr. Altieri also stated that the decision regarding curbside pickup would need to be decided in order to finalize the Commission’s 2021 budget. The Town Board will make these final decisions part of the next Town Board meeting agenda. Floor Area Ratio (FAR) Law Supervisor Seligson suggested that the Town Board move this discussion to a future worksession, in order to complete the discussion and decisions with respect to the Sanitation Commission. Supervisor Seligson suggested it continue to remain as an item on the agenda. 1 December 2, 2020 New Business - 2021 Budget Mr. Altieri informed the Town Board that the health insurance premium has dramatically changed from what was budgeted for 2021, and the Town will see a savings of $270,000. Mr. Altieri distributed a schedule titled ‘2021 Breaking Budget News’ detailing how the additional savings would be incorporated into the 2021 Budget. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 7:00 p.m. Supervisor Seligson noted that the Town Board met for a worksession beginning at 6:00 o’clock this evening. SUPERVISOR’S REPORT Tonight, we have the 2021 Budget Hearing on our agenda. The 2021 budget hearing is the culmination of months of work by the department heads and financial staff as well as review by the Town Board. I’m pleased to report that the 2021 budget is a responsible, conservative looking budget that projects an increase of 1.88% in the tax levy, which is compliant with the NYS tax levy cap. Town Administrator and budget officer Steve Altieri and Comptroller Tracy Yogman will present the details of the budget during the public hearing. The increase in Coronavirus cases in the Town, County, State and nation is not good news. We know from our weekly calls with Westchester County, that the positivity rates are climbing and that there could be state-mandated changes in store for our area. There are currently six designated Coronavirus zones in Westchester County. The closest to us are in Port Chester and New Rochelle. This means that we have to girds ourselves for the increase and possible changes, and be extra careful to take precautions to prevent the spread of the virus. Please wear a mask in public, keep socially distanced, don’t gather in large groups, and get tested and stay home if you don’t feel well. Councilwomen Jaine Elkind Eney, Sabrina Fiddelman and I have formed a search committee to find a new Town Administrator who will replace Steve Altieri when he leaves his position. We plan to hire a professional recruitment firm and have begun interviewing firms this week. We hope to hire one and begin the search process by the third week in December. Executive Order 203 issued by Governor Cuomo requires local governments to consult with community stakeholders to develop a policing reform plan, which should include recommendations to modify existing law enforcement policies including deployments, strategies, policies, procedures and practices of its police departments to address the particular needs of the community and promote community engagement to foster trust, fairness, and legitimacy. The Town of Mamaroneck’s Racial Equity Taskforce and Town staff are currently engaging in this process. In order to begin this evaluation, the Task Force and Town would like to receive survey feedback and public comment from residents who live in the unincorporated area of the Town about their interactions with and thoughts about the Town of Mamaroneck Police Department. The survey should be available starting next week and there will be meetings for public comment on Thursday, December 17 and Monday, February 8. Details regarding the public forums will be forthcoming. The Town has begun work to update and redesign the Town website to make it more user-friendly, helpful and informative. We’re currently in the midst of the internal review. Assistant Administrator Lindsey Luft is spearheading this effort. The renewed website is expected in the fall of 2021. Finally, there has been a great deal of misinformation on social media about the renewal of Westchester Power, the community choose aggregation program of Sustainable Westchester that provides electricity to 27 municipalities in Westchester County. I am the co-chair of the board of Sustainable Westchester and I would like to assure everyone that 1. This program is a benefit to residents because: a. Sustainable Westchester is a local nonprofit organization that has a staff of energy experts that has researched Constellation, the company that won the bid b. The contract provides a fixed rate for 18 months, removing you from the fluctuations of energy market pricing. 2 December 2, 2020 c. The electricity is provided by renewable sources. d. Over the four year life of the program, residents in Con Ed territory have saved money e. You can opt out at any time with no fee By the way, government has always determined from which source consumers receive electricity until the advent of Energy Service Contractors or ESCOs. Westchester Power is giving you an option from a trusted source. For more information and details, see the piece I posted on the Town’s website homepage, or go to sustainable Westchester.org. PUBLIC HEARING – PRELIMINARY 2021 TOWN BUDGET and PRELIMINARY 2021 TOWN OF MAMARONECK FIRE DISTRICT #1 BUDGET The following Notice of Public Hearing is entered into the record as follows: PUBLIC HEARING PRELIMINARY 2021 TOWN BUDGET and PRELIMINARY TOWN OF MAMARONECK FIRE DISTRICT #1 BUDGET NOTICE IS HEREBY GIVEN, Pursuant to Governor Andrew Cuomo’s Executive Order 202.1, all in person public access to Town Board Meetings is suspended. The Town Board and the Board of Fire Commissioners will convene on Wednesday, December 2, 2020 at 7:00 PM (please check the agenda as times are subject to change) via Zoom for a Public Hearing to consider the Town’s Preliminary Budget and the Mamaroneck Fire District Preliminary Budget for the calendar year commencing January 1, 2021 and ending December 31, 2021. The 2021 Preliminary Budgets may be viewed on the Town’s website www.townofmamaroneckny.org beginning Monday November 30, 2020. Members of the public may join the Zoom webinar meeting via the link and passcode provided on the Meeting Agenda. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media’s website, https://lmcmedia.org/. Members of the public are invited to participate and provide written comments and ask questions concerning the Preliminary Budgets. You may comment by emailing publicqc@townofmamaroneckny.org or by utilizing the “raise your hand” feature in the zoom webinar. PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town Board are as follows: Supervisor, $40,205 Town Council (4) $6,433 each and the proposed salary for the Town Clerk is $103,851 and the Town Justices (2) $22,515 each. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Stephen V. Altieri Budget Officer To be published: Wednesday November 27, 2020 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. The following Transmittal Letter from the Preliminary Budget is entered into the record as follows: November 24, 2020 Honorable Supervisor Nancy Seligson Honorable Members of the Town Board Honorable Christina Battalia- Town Clerk Re: Town of Mamaroneck 2021 Preliminary Budget On October 21, 2020, we presented to the Town Board and the community the Tentative Budget for 2021. The Tentative Budget is the work of the staff and proposes the necessary resources to continue to provide municipal services. Since the submission of the Tentative Budget, the Town Board has had the 3 December 2, 2020 opportunity to review the document and meet with staff to review budge submission. Having now completed that task, the Preliminary Budget has been prepared for review. The 2021 Preliminary Budget will be the subject of a public hearing on Wednesday, December 2, 2020. Members of the community are welcome to comment on the Budget at that time. We have previously mentioned that this budget has been prepared during one of the most challenging times for the Town, the State and entire country. It is the first time in our experience that a budget has been prepared in completely unchartered waters without the knowledge of what may lie ahead in terms of economic and even social implications caused by the COVID pandemic. A question raised frequently during preparation of the budget was, how we should operate in the new world of the COVID 19 pandemic. We have used our experience and that of the Town’s executive staff to develop realistic plan based on a conservative approach to project revenue streams and expenses. More recently, we have begun to hear positive signs of a vaccine for COVID and that is good news. However, we believe it is best to maintain a more conservative approach and assume that the impacts of the pandemic will be with us through at least the first half of 2021. Where we have, an advantage is the financial strength of the Town government and its ability to engage the challenges of the coming year. Our practice, even in the absence of a pandemic, has been to take a conservative outlook to projecting revenues and expenses. Our reliance on financial projections for both expenditures and revenues avoids large fluctuations in Town budgets and ultimately the property taxes levied in the community. The Town’s surplus management policy protects reserve balances and avoids mismanagement of reserve funds that can be problematic for future budgets. The Preliminary Town Budget reflects a thoughtful and conservative approach to the financial management of the Town government. With this approach, the Town can fulfill its mission of providing effective services to the community at an excellent value. Our strong reserve positions allowed us to weather the COVID-19 pandemic in 2020 and have funds available for the unexpected events and projects related to the pandemic in 2021. In addition to the pandemic, the Town responded to Tropical Storm Isaias in August. Yet another example of how the Town’s strong financial position and surplus management policy allow for an effective response to unscheduled events without major impacts to the taxpayer. In response to the pandemic, the Town took swift action early in 2020 to protect the residents and employees while keeping essential Town services available throughout the New York State mandated shutdown. We have effectively managed staffing resources, conducted public videoconferencing to keep the public informed, conducted tax collections and other operations remotely by providing free on-line options to residents. The Town delivered home meals to seniors and successfully implemented a safe and strategic reopening of Town recreation services as permitted with waived or reduced fees. The Town provided extensions for property tax payments and extended deadlines to apply for and renew property tax exemptions and for filing assessment grievances. All of these measures were to ease the stress on the community brought about by the pandemic. Although economic conditions in our region have been uncertain in 2020, the Town’s Aaa credit rating was reaffirmed by Moody’s in 2020. The rating allowed the Town to issue debt for capital projects at the very low rate of 1.94%. The Town also refinanced a portion of its debt at 1.1% providing a substantial saving to taxpayers. Maintaining the Town’s credit rating will be a strategic goal as we move forward with critical capital projects at a lower cost. The proposed tax levy increase of 1.88% for 2021 is below the allowable tax levy increase under the New York State Property Tax Cap Guidelines. The State Comptroller set the tax cap for the Town at 2.20%. Our goal each year is to present a budget that finances municipal services at the greatest value possible to the community. We spoke earlier of the challenges for the Town due to the pandemic. One example of the challenges is in the Recreation Department. Because of New York State, mandates and the goal of keeping the community safe many of our most popular recreation programs were severely limited or cancelled. We have implemented the following financial strategies in preparing this budget:  Vacant staff positions were reviewed and eliminated when possible  Revenues and expenses have been reviewed and realistically estimated  Capital projects have been deferred  In depth review of our information technology systems  Negotiated multi-year collective bargaining unit contracts  Refinanced debt at a significant savings  Cost sharing services with neighboring villages 4 December 2, 2020 2021 Preliminary Budget Overview The budget as proposed totals $42 million, a decrease of $84,000 from 2020. Non-property-tax revenues to support the budget total $12.2million, a decrease of 7.1% from last year. To finance a portion of the proposed capital project program for 2021 and help stabilize the required tax levy increase, $2.5 million in surplus is applied to the budget. This is an increase of 34% over last year. The Property Tax Cap Each year local governments in New York State must consider whether to adopt budgets that comply with the Property Tax Cap Legislation imposed by the Governor and New York State Legislature in 2011. Most local officials agree that the tax cap legislation does not reflect the realities of delivering municipal services and does not take into account long-term capital infrastructure needs. Compliance with the tax cap is particularly difficult for local governments, since the State government has failed to increase aid to local governments as it has to school districts in New York in close to ten years. For 2021, the State has indicated that it will likely reduce state aid by as much as 20% due to the COVID pandemic. Unlike higher levels of government, the Town can only depend upon a limited number of sources of non- property tax revenues to fund the Town Budget to offset property taxes. To maintain stability in year- to-year changes in property taxes and tax levies, the Town has initiated the use of fees as an alternative to property taxes. Where fees are applied, the cost of services is borne either in part or in total by those using the service. The idea being that the property owner pays only for what they use. The Town has used this technique successfully for Recreation Services, Ambulance Services, Water and Sewer Services. However, the use of fees is not a universal remedy since other municipal services do not lend themselves to a fee based system. The Tax Cap legislation was enacted in 2011. Since then, the Town has complied with the tax cap guideline in five of the last nine budgets. The tax levy in the 2021 Preliminary Town Budget is actually under the State tax cap guideline. Based upon the mandated formula, the 2021 Town tax cap limit is 2.2%; meaning a maximum increase in the 2020 tax levy of $595,884. The proposed tax levy is $27,554,613, an increase of $508,973, or 1.88%. The Town is very cognizant of the economic conditions many residents are facing and keeping the tax rates as low as possible was an important goal when developing this budget. 2021 Property Taxes The apportionment of the tax levy is a function of total property assessments for each of the Town’s nine budget funds. Property taxes for 2021 are based upon property assessments that were finalized in September of 2020 by the Town Assessor in accordance with New York State law. Total assessments applied to the Townwide fund increased by about $15million. Assessment increases for other budget funds ranged from $1.0 to $19million. Each budget fund, by law, must have its own property assessments and tax rates. The exception to that guideline is for those funds financed completely by fees and charges. The Town of Mamaroneck and the Villages of Larchmont and Mamaroneck continue to be desirable communities in which to live. For that reason, there was a small increase in the average residential assessed valuation to reflect changes in the local real estate market. The average assessment for a single family home in the entire Town is $1.251million. Understanding the Town of Mamaroneck Budget is not always easy because of the different budget funds. Many do not realize that the Town provides services to the unincorporated Town as well as the Villages of Larchmont and Mamaroneck. Property owners in the Villages receive from the Town, tax collection services for school and county taxes, recreational services, property assessment services and ambulance service. Property owners in the unincorporated area, receive a full menu of services including Police, Fire, Sanitation Collection and Road Maintenance among others. In the unincorporated area, the average assessment is $1,257million. A property owner in the unincorporated area with an average assessment will incur a property tax obligation of $7,088 for all services. This is an increase of $73 or 1% over 2020. For property owners in the Villages with an average assessment of $1.251 million, their property tax obligation to the Town will be $722, an increase of $24 or 3.4%. Individual property tax bills will vary depending upon the assessment when compared with the average. Other Revenues The Town depends upon a variety of revenue sources in order to finance government operations. The property tax remains the largest source of revenue (66%) to the Town. In 2021, the estimated tax levy will be $27,554,613, an increase of 1.88% over 2020. The tax levy is not only a function of increases in expenses but also the performance of non-property tax revenues. Several categories of non-property taxes directly reflect the performance of regional and national economic performance. The volatility in these revenues is therefore cause for to estimate revenue projections conservatively. 5 December 2, 2020 The pandemic has had a noticeable effect upon the expected performance of the Town’s non-property revenues. Overall non-tax revenues will decrease by over $940,000 or 7% for 2021. The most impacted revenues are for Recreation Services, Parking Permits, interest income and fines. In addition, we can expect a 20% decrease in aid from New York State. A 3% reduction is expected in sales tax revenue however, revenue from mortgage tax is expected to increase by $50,000 to $1.3million in 2021. Expenditures The Town’s total expenditures for 2021 are projected to be $42million, a decrease of $84,000 from 2020. Although we are expecting expenditure increases in a number of categories, the Town was still able to avoid an overall increase in the total Town Budget. The increase in expenditures is primarily a result of adjustments to expenses for personnel services, employee benefits, increases in technology expenses and appropriations for capital projects. Municipal services continue to be very labor intensive. Salaries and wages, exclusive of associated fringe benefits comprises almost 63% of the Town budget. Over the past four years, the Town has entered into long-term employment agreements with all of our major bargaining units, providing budgetary certainty for labor expenses over multiple years. Employee benefits will increase by just under $400,000 in 2021 with the major driver of the increase being the pension contribution to the New York State Retirement System. Capital Projects The 2021 Budget includes funding for capital projects either in progress or representing new initiatives. For funding purposes, capital projects are prioritized based upon need. The capital plan is a tool to assess the long-term capital project needs of the Town with projected funding sources. While a comprehensive capital plan is to forecast future needs, it requires annual updates to reflect the status of projects, new capital priorities, revised estimates and coordination of funding sources. With concerns over the financial implications of the pandemic, many of the 2020 capital projects were deferred to 2021 or future years. The original capital plan proposed for totaled $12.2million for 2021. However, considering the current operating environment the capital plan was reduced to $7.1million. The 2021 Capital Plan includes a mix of deferred projects from 2020 and new projects originally planned for 2021. The projects selected for 2021 generally included funding through government grants or projects that were critical to the Town’s infrastructure. Through the strategic use of fund balances, approximately $360,000 of fund balance was applied to the 2021 Capital Project Plan allowing the Town to fund those projects on a pay-as-you-go basis. There will be $439,000 of grant funding and $6.3million of serial bond financing used for the Capital Plan. A section of the budget document is dedicated to a detailed presentation of the 2021 Capital Plan and also includes a projected capital plan over the next five years. The challenge of maintaining our infrastructure will be a continuous effort by the Town. Investments in capital infrastructure are critical if we are to continue to provide municipal services to the community to insure clean water, safe roads and a healthy environment. Sometimes it is easy to forget the underground utility systems that provide clean water each day and carry away sanitary sewage from our kitchens and bathrooms. Each year as our infrastructure gets older, the need for maintenance and replacement grows. The Town has come to realize that deferring capital infrastructure improvements only leads to far greater expense in the future. Some of the major projects included in the 2021 Capital Plan include the following:  Town-wide street resurfacing program  Continuation of Sanitary Sewer System Improvements  Improvements to the Town’s Water Transmission System  Equipment replacements necessary to maintain Town services  Improvements to Recreational Facilities to enhance leisure services to the community Fund Balance The 2021 budget provides for an application of reserves of $2.5million an increase of about $645,000 over last year. Approximately 15% of this allocation is for one-time expenses including capital projects funded on a pay-as-you-go basis. The balance of the allocation is for operations. Conclusion Considering the unique circumstances in which this budget is prepared, we believe the 2021 Town Budget is a responsible budget that effectively meets the needs of the community. The magnitude of the Town’s financial strength is quite evident in this budget. Our history of conservative financial management has 6 December 2, 2020 paid off and allowed the Town government to endure a major national emergency yet maintain Town services at a good value. Of equal, if not greater importance, is that this budget provides the means for the Town to plan and protect our community in the future. Ours is an older community and with that comes the task and the challenge of maintaining older infrastructure to continue municipal services now and in the future. Much of the 2021 Capital Improvement Program is dedicated to the upkeep of our facilities, technology and infrastructure. Our continued application of technology to our day-to-day operations is another example of our looking to the future. Technology takes on a new meaning in the 2021 budget as we plan for a future where working remotely may become a necessity should another event like the COVID pandemic were to occur. We hope that the community will take the time to read the budget document. The budget document provides a wealth of information and illustrations that will help you understand in detail the workings of the Town government. We are pleased to announce that the 2020 Town Budget was awarded the distinguished Budget Presentation Award from the National Government Finance Officers Association. In closing, our sincere thanks to the staff of the Town for their work on the 2021 Town Budget. Their resourcefulness and professionalism were invaluable in preparing a budget that maintains the quality of life in the community in a time of financial uncertainty brought on by the pandemic. They understood the situation that the Town was working under and rose to the occasion. Thanks also to the Supervisor and Town Board for their guidance in identifying the priorities to be met in the budget. ________________________ _______________________ Stephen V. Altieri Tracy Yogman CPA Town Administrator/Budget Officer Comptroller/Director of Finance Mr. Altieri and Tracy Yogman gave a PowerPoint presentation of the Town Budget. Supervisor Seligson asked Lindsey Luft, who is staffing monitoring the public this evening if any viewers had (virtually) raised their hand to speak, and Ms. Luft responded that there was not. Supervisor Seligson stated that it is customary for the Town Board not to adopt the Budget at the first public hearing, but rather to give the residents’ time to review and comment before adoption. The Town Board will adjourn the public hearing until December 16, at which time the Town Board will vote on the 2021 Budget. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby adjourn the public hearing for the Town’s Preliminary Budget and the Mamaroneck Fire District Preliminary Budget for the calendar year commencing January 1, 2021 and ending December 31, 2021, until December 16, 2020. PUBLIC HEARING – Proposed Rate Adjustment – 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 further pursuant to Executive Order No. 202.1 Suspension of Article 7 Public Officers Law, a Public Hearing will be held on December 2, 2020 at 7:00 PM or as soon thereafter as is possible, to set the rate per gallon or per cubic foot of water consumption to be used in determining the sewer rent for 2021, telephonically from the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Members of the public may join the Zoom webinar meeting via the link and passcode provided on the Meeting Agenda. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media’s website, https://lmcmedia.org/. Members of the public are invited to participate and provide written comments and ask questions. You may comment by emailing publicqc@townofmamaroneckny.org or by utilizing the “raise your hand” feature in the zoom webinar. 7 December 2, 2020 The full text of this document can be viewed on the Town’s website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk’s Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: November 25, 2020 On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously opened. Mr. Altieri gave a PowerPoint presentation of the Sewer Rent Rate calculations. Supervisor Seligson asked Lindsey Luft, who is monitoring the public comment if any viewers had (virtually) raised their hand to speak, and Ms. Luft responded that there was not. 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 Fiddelman, it was RESOLVED, that the Mamaroneck Town Board sets the sewer rent charge For 2021 at $.0016/per gallon. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye PUBLIC HEARING – “2020 Revision of the Mechanical Rock Removal” 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, and pursuant to a motion by the Town Board on November 12, 2020 this Public Hearing will be adjourned until Wednesday, December 2, 2020 at 7:00 PM or as soon thereafter as is possible, to consider “2020 Revision of the Mechanical Rock Removal” Law, telephonically from the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Join the webinar Zoom meeting via the link provided on the Meeting Agenda and on the Town Board meeting notice issued prior to the meeting. Or you may comment by writing to publicqc@townofmamaroneckny.org and viewing from LMC Media’s website https://lmcmedia.org/ or local municipal access television (Cablevision (Optimum) 76 or Verizon (Fios) 35). Purpose: The Town Board continues to monitor the impact of pulverizing and removing rock by mechanical means upon the health, safety and welfare of the Town’s residents with a goal of balancing people’s right to develop their properties with a neighborhood’s right to tranquility, to the extent possible. Among the concerns that have arisen are the need to mitigate the spread of dust and other particulates during both the drilling and pulverizing of rock and its removal from the site, the need to limit mechanical rock removal on smaller lots and the need to decrease the number of hours per day when such activities may take place. This revision in the law furthers the goal. The full text of this document can be viewed on the Town’s website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk’s Office at 914-381-7870, for a mailed copy. 8 December 2, 2020 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK On motion of Councilwoman Fiddelman, seconded by Councilman King, the Public Hearing was unanimously opened. Mr. Maker explained the law in detail including the minor edits discussed during worksession. Councilman King thanked the residents for all of their input. Supervisor Seligson asked Lindsey Luft, who is monitoring the public comment if any viewers had (virtually) raised their hand to speak, and Ms. Luft responded yes, and the following residents commented: Marci Bendel, is concerned about dual machines being allowed at one time, and feels setbacks should be addressed and fines increased. Bill Knowles, is concerned about 127 East Garden Road as the next rock-chipping situation, and would like to see the amount of hours per day decreased. Supervisor Seligson asked the Town Board Members if they would like to make any amendments to the current draft, and they all responded no. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously closed. On motion of Councilwoman Katz, seconded by Councilman King, the following Local law was approved: Local Law No. 10 - 2020 This local law shall be known as the “2020 Revision of the Mechanical Rock Removal” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town Board continues to monitor the impact of pulverizing and removing rock by mechanical means upon the health, safety and welfare of the Town’s residents with a goal of balancing people’s right to develop their properties with a neighborhood’s right to tranquility, to the extent possible. Among the concerns that have arisen are the need to mitigate the spread of dust and other particulates during both the drilling and pulverizing of rock and its removal from the site, the need to limit mechanical rock removal on smaller lots and the need to decrease the number of hours per day when such activities may take place. This revision in the law furthers the goal. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 106-58.1 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §106-58.1 Duration and hours for pulverizing and removing rock. As used in this section, the following terms shall have the meanings indicated: A. MECHANICAL MEANS The use of any tools that are not operated solely by human muscular power. Explosives and the tools used in connection with blasting shall not be considered mechanical means. MONITOR A person, unaffiliated with either the owner of the subject property or the person pulverizing rock and/or removing it from the subject property with experience in residential construction, especially the pulverizing and removal of rock and acceptable to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, who will be present at a subject property whenever rock is pulverized or removed therefrom. The monitor’s 9 December 2, 2020 responsibility is to assure compliance with the P&R Permit and section 106-58.1 of the Code. The person to whom the P&R Permit is issued shall be responsible for paying the monitor’s fee. ORIGINAL INFRASTRUCTURE Streets and curbs, and the lines, pipes, culverts and conduits used for transporting potable water, storm water, sewage and utilities, such as gas, telephone, electricity, cable television and Internet service, that are built on land subdivided after February 1, 2004, if the subdivision plat creating the lots in that subdivision also created one or more new private or public streets or created extensions to any existing private or public street. PERMITTED HOURS AND DAYS FOR PULVERIZING ROCK ON A SUBJECT PROPERTY The seven hours between 9:00 a.m. (prevailing time) and 4:00 p.m. (prevailing time) on days other than Saturdays, Sundays and the public holidays listed in § 24 of the New York General Construction Law. PERMITTED HOURS AND DAYS FOR REMOVING ROCK FROM A SUBJECT PROPERTY The eight hours between 9:00 a.m. (prevailing time) and 5:00 p.m. (prevailing time), on days other than Saturdays, Sundays and the public holidays listed in § 24 of the New York General Construction Law. PERMITTED NUMBER OF DAYS For creating trenches for utility lines on a subject property having an area less than six thousand (6,000) square feet, ten (10) days. For a subject property having an area greater than six thousand (6,000) square feet but less than seven thousand five hundred (7,500) square feet, ten (10) days. For a subject property having an area greater than seven thousand five hundred (7,500) square feet, fifteen (15) days. P&R PERMIT A permit issued for pulverizing rock on, and/or removing pulverized rock from, a subject property. PULVERIZING ROCK The drilling and/or the reduction in size of rock by mechanical means in any residence district or in the Recreation District of the Town. REMOVAL The carting away of rock that has been pulverized from a subject property. RESTRICTED AREA The area encompassed by the six hundred (600) linear feet from each of the lot lines and corners of a property for which a P&R Permit is issued. RESTRICTED PERIOD The sixty (60) calendar days from the last day on which pulverizing rock was permitted on a property lying within the restricted area. ROCK Naturally occurring stone. “Rock” does not include impervious concretions created by humans such as macadam, concrete and bricks, or stone installed by humans, such as slate used to create a walkway. SUBJECT PROPERTY A lot for which a P&R Permit is required, or land where the construction of original infrastructure is to occur if such land lies outside a lot. 10 December 2, 2020 B. A P&R Permit is required for pulverizing and/or removing any quantity of rock from a subject property. C. Except for pulverizing and/or removing rock for the purpose of creating trenches for utility lines, no P&R Permit shall be issued with respect to a subject property having an area less than six thousand (6,000) square feet. D. No P&R Permit shall be issued until the Building Inspector or the Director of Building Code Enforcement and Land Use Administration approves the dust mitigation plan submitted by the applicant. Such plan must incorporate the best dust control practices, including but not limited to, a water spray system (air suppression or surface wetting) or other practices that are considered best dust practices at the time the application for a P&R Permit is made. The dust mitigation plan also must present the measures the applicant intends to use to control water runoff as a result of water spraying. In the sole discretion of the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, air quality sampling may be required during the course of rock removal. E. Reducing the size of rock after it has been pulverized while such rock remains on the subject property is not permitted at any time. F. There shall be no more than two machines on the subject property having drills or hammers operating at the same time. G. No more than one P&R Permit shall be issued for a subject property within any twelve-month period. H. During the restricted period, no P&R Permit shall be issued for a property that lies within the restricted area. I. Before work pursuant to a P&R Permit can begin, the applicant shall have a survey done of the condition of all improvements existing on each lot (including lots lying outside the unincorporated area of the Town of Mamaroneck) that either shares all or a section of a lot line with the subject property or touches the subject property at a corner. Such survey must be done by an entity regularly engaged in conducting tests or furnishing inspection services that is approved by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration. If the occupant of a lot to be surveyed refuses to allow a survey to be done, the applicant shall submit an affidavit stating that he/she had attempted to gain access but was denied. Submission of such an affidavit will obviate the requirement for a survey of that lot. Notwithstanding the foregoing, a survey shall not be required if all of the rock removal will be done using mechanical means that are designed to be handheld while operating. J. Notice to neighbors; affidavit of mailing. (1) No later than 10 days before work pursuant to a P&R Permit commences, the following notice shall be mailed to the owners of each lot that has a lot line lying within 150 feet of any lot line of the subject property: (a) For work that is not the construction of original infrastructure: "Dear Neighbor, Rock from the property known as \[INSERT THE STREET ADDRESS OR THE LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS\] will be pulverized by mechanical means, such as drills, jackhammers and other types of gas, diesel or electric powered equipment and removed from this property by dump trucks or similar vehicles. Work is scheduled to begin on \[INSERT THE STARTING DATE FOR WORK TO BE DONE PURSUANT TO A P&R PERMIT\]. The last day on which rock can be pulverized by mechanical means or removed from this site is \[INSERT THE LAST DATE ON WHICH WORK DONE PURSUANT TO THE P&R PERMIT CAN OCCUR\]. Upon a showing of undue hardship by the permit holder, rock may be pulverized or removed from the site, or both, for up to five (5) additional days. The person performing the work is responsible for having an independent monitor on site to assure compliance with the law. If your property abuts the subject property, you should have been contacted by now about having a survey done of the physical condition of the structures on your property. The purpose of the survey is to establish the physical condition of the structures on your property before work begins so that you may be able to determine whether and to what extent, the work may damage your property. If you were not contacted about having a survey done, please contact the Town Building Department at 914-381-7830 immediately. The law does not allow rock to be drilled or pulverized by mechanical means on Saturdays, Sundays or public holidays, or before 9:00 a.m. (prevailing time) and after 4:00 p.m. (prevailing time) on those days when such work is permitted. 11 December 2, 2020 The law also does not allow the rock that has been pulverized to be removed from the site on Saturdays, Sundays or public holidays or before 9:00 a.m. (prevailing time) and after 5:00 p.m. (prevailing time) on those days when removal of pulverized rock is permitted. For further information, please contact \[INSERT THE NAME OF THE OWNER OR THE PERSON IN CHARGE OF THE PROJECT\] at the following telephone number: \[INSERT CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE\]. Very truly yours, \[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY\] \[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY\]" (b) For the construction of original infrastructure: "Dear Neighbor, Rock from the property known as \[INSERT THE STREET ADDRESS OR THE LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS\] will be pulverized by mechanical means, such as drills, jackhammers and other types of gas, diesel or electric powered equipment and removed from this property by dump trucks or similar vehicles. Work is scheduled to begin on \[INSERT THE STARTING DATE FOR WORK TO BE DONE PURSUANT TO THE P&R PERMIT\]. The last day on which rock can be pulverized by mechanical means or removed from this site is \[INSERT THE LAST DATE ON WHICH WORK DONE PURSUANT TO THE P&R PERMIT CAN OCCUR\]. The person performing the work is responsible for having an independent monitor on site to assure compliance with the law. If your property abuts the subject property, you should have been contacted by now about having a survey done of the physical condition of the structures on your property. The purpose of the survey is to establish the physical condition of the structures on your property before rock removal begins so that you may be able to determine whether and to what extent, the work may damage your property. If you were not contacted about having a survey done, please contact the Town Building Department at 914-381-7830 immediately. The law does not allow rock to be drilled or pulverized by mechanical means on Saturdays, Sundays or public holidays, or before 9:00 a.m. (prevailing time) and after 4:00 p.m. (prevailing time) on those days when such work is permitted. The law also does not allow the rock that has been pulverized to be removed from the site on Saturdays, Sundays or public holidays, or before 9:00 a.m. (prevailing time) and after 5:00 p.m. (prevailing time) on those days when removal of pulverized rock is permitted. For further information, please contact \[INSERT THE NAME OF THE OWNER OR THE PERSON IN CHARGE OF THE PROJECT\] at the following telephone number: \[INSERT CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE\]. Very truly yours, \[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY\] \[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY\]" (2) A certificate of mailing issued by the United States Postal Service showing that the mailing was done in time to comply with this section must be filed with the Building Department before a P&R Permit can be issued for the subject property. K. While on the subject property, particulate matter must be sufficiently soaked or stored to prevent the particulate matter from becoming airborne. The Building Inspector or the Director of Building Code Enforcement and Land Use Administration may require secured tarps or coverings made of plastic or other material to further reduce dust emissions. L. Motor vehicles used to transport particulate matter must be covered. M Other than for the construction of original infrastructure, pulverizing and removing rock from a subject property shall be allowed only during permitted hours and only for the permitted number of days, starting on the date specified for the commencement of such work contained in the notice to neighbors described in §106-58.1 J. (1) (a). Rock shall not be pulverized or removed from the subject property unless the monitor is present. The P&R Permit shall contain the date after which pulverizing and removing rock no longer will be allowed to be done. Upon a showing of undue hardship, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration may allow rock to be pulverized and removed from a subject property for up to five additional days. If the 12 December 2, 2020 number of additional days includes a day or days on which such work is prohibited by this section, the extension period will bypass such days and resume on the first day thereafter when pulverizing and removing rock is permitted by this section. N. For the construction of original infrastructure, pulverizing and removing rock from a subject property shall be allowed only during permitted hours and only for the first 180 days starting on the date specified for the commencement of such work contained in the notice to neighbors described in §106-58.1 J. (1) (b). Rock shall not be pulverized or removed from the subject property unless the monitor is present. The P&R Permit shall contain the date after which pulverizing and removing rock no longer will be allowed to be done. Under no circumstances may work pursuant to a P&R Permit in connection with the construction of original infrastructure extend beyond the one hundred- eightieth day (180th) day specified for the commencement of such work in the notice to neighbors described in §106-58.1 J. (1) (b). O. Any person who violates this section shall be guilty of a violation which shall be punishable by a fine of not more than $1,000, and also shall be liable for the civil penalty imposed by § 106-55C of the Code. Each use of mechanical means to pulverize rock or each time rock is removed from a subject property on a day or at an hour when such activity is prohibited by this section shall constitute a separate offense. P. If there is a violation of this section by someone other than the owner of the subject property, the owner of the subject property also shall be guilty of a violation which shall be punishable by a fine of not more than $1,000, and also shall be liable for the civil penalty imposed by § 106-55C of the Code. Q. This section shall not apply to public utility companies, the United States of America, the State of New York, the County of Westchester, the Town of Mamaroneck, the Mamaroneck Union Free School District, or the Villages of Larchmont or Mamaroneck or any independent contractors engaged by any of the entities listed in this paragraph. 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 the later of January 2, 2021 or its 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 CITIZEN’S COMMENTS Supervisor Seligson asked Lindsey Luft, who is monitoring the public comment if any viewers had (virtually) raised their hand to speak, and Ms. Luft responded that there was not. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind Eney, seconded by Commissioner King, 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 13 December 2, 2020 1. FIRE CLAIMS On motion of Commissioner Elkind Eney, seconded by Commissioner Fiddelman, it was RESOLVED that this Commission does hereby authorize payment of the following Fire Department Claims as approved by the Fire Chief and audited by the Comptroller’s Office: VENDOR DESCRIPTION Amount Bound Tree Medical, LLC Viral Inspiratory Filter 38.50 Chatsworth Cleaners Uniform Cleaning - Oct. 2020 30.44 Foley Hardware Paint Pens 12.58 Grainger Batteries for Scott Paks 84.39 Home Depot Batteries for Scott Paks 148.96 Town of Mam'k Fire Dept. Bailout Training - refreshments 11/21-11/22, laundry detergent 297.42 Town of Mam'k Fire Dept. Fire prevention Materials- Town Event 815.52 UniFirst Corp Cleaning Supplies 11/20/2020 181.62 Verizon Fire HQ service 11/10-12/9/2020 270.49 Total $ 1,879.92 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 November as submitted by Chief Russo as follows: November 2020 ALARM TYPE NUMBER Generals 26 Minors 19 Stills 1 Out of Town (Mutual Aid) 0 EMS 31 Drills 6 TOTAL 83 Total number of personnel responding: 585 Total time working: 35 hours and 49 minutes Commissioner Elkind Eney reported that the basement at the Weaver Street Fire House is almost complete, st and the Department hopes for full completion by December 31. The Department was able to prepare 110 Thanksgiving dinners for 39 local families, and the Town thanks them for providing this wonderful gift to our Community. Chief Russo presided over his last meeting at what has been his second term as Chief. There being no further business to come before the Commission, on motion of Commissioner Fiddelman, seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. 14 December 2, 2020 AFFAIRS OF THE TOWN 1. Authorization – Civic Ready Notification System Civic Ready was presented to the Town Board at the November 23, 2020 worksession. Before the Town Board is the authorization for the work agreement. On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to execute the statement of work from CivicPlus in their quote dated November 9, 2020. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2. Authorization – IMA Village of Mamaroneck – Sewer Line Agreement On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following was approved, WHEREAS, the Town and the Village have come upon an opportunity that will eliminate the septic sewer systems that serve 203 Hommocks Road, in the Village of Mamaroneck and 220 Hommocks Road in the Town of Mamaroneck, and WHEREAS, the property owners at 203 and 220 Hommocks Road will construct, at their own expense, a new sewer line along the entire length of Hommocks Road, whereby connecting the Town’s sanitary sewer line at the intersection of Hommocks Road and Eagle Knolls Road. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the Intermunicipal Agreement between the Town of Mamaroneck and the Village of Mamaroneck for the construction of a new sewer line on Hommocks Road, 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 3. Authorization – Sale of Surplus Computer Equipment On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby declare the following computer equipment as surplus, and authorizes the Town Administrator to initiate its disposition: ATTACHMENT A 15 December 2, 2020 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye APPROVAL OF MINUTES 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 2020 meetings of October 21, October 26, October 27, November 4 and November 9. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 16 December 2, 2020 ATTACHMENT A 17