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Home My WebLink About2021_11_17 Town Board Meeting Packet TOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, November 17, 2021 5:00PM THE TOWN BOARD WORK SESSION: The Work Session will convene in Conference Room C located on the ground floor at the Town Center. 1. Discussion - Snow and Ice Removal Fines 2. Discussion - Pryer Manor Road 3. Discussion - Sustainability Collaborative/Climate Emergency Declaration 4. Discussion - Leaf Blower Local Law 5. Discussion - LMC Media 6. Discussion - Proposed Sewer Rent Rate for 2022 7. Review - Capital Budget Report - Q3 2021 8. Review - Operating Budget Report - Q3 2021 9. Request for Executive Session 8:00PM TOWN BOARD REGULAR MEETING: The Town Board meeting will convene in the Courtroom located on the second floor at the Town Center. The public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org. SUPERVISOR'S REPORT PUBLIC HEARING CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Set Public Hearing - Preliminary Town of Mamaroneck Fire District #1 Budget AFFAIRS OF THE TOWN OF MAMARONECK 1. Set Public Hearing - Preliminary 2022 Town Budget 2. Set Public Hearing - Proposed Sewer Rent Rate for 2022 3. Set Public Hearing - Snow and Ice Removal Fines 4. Approval - Capital Budget Amendments - Q3 2021 5. Approval - Operating Budget Amendments - Q3 2021 REPORT OF MINUTES 1. Report of Minutes from the October 20, 2021 Town Board Meeting 2. Report of Minutes from the November 3, 2021 Town Board Meeting REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETING - Wednesday, December 1, 2021 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator’s office at 381-7810. TOWN OF MAMARONECK RESOLUTION: Climate Emergency Declaration WHEREAS, on April 22, 2016, 174 countries and the European Union signed the Paris Climate Agreement, recognizing the threat of climate change and agreeing to pursue efforts to limit the global temperature increase to 1.5 degrees Celsius: and WHEREAS, on October 8, 2018 the United Nations International Panel on Climate Change (IPCC) projected that limiting the global temperature increase to 1.5 degrees Celsius will require unprecedented transitions in all aspects of society over the next 12 years: and WHEREAS, as of October, 2021, 2,033 jurisdictions and local governments in 35 countries worldwide (including the European Union counted as one jurisdiction), covering more than one Billion people, have declared a climate emergency: and WHEREAS. on June 24. 2019 more than 70 health organizations including the American Medical Association and the American Public Health Association declared climate change to be a health emergency and issued a call to action for government, business, and civil society leaders to recognize climate change as a health emergency: and WHEREAS, the Town of Mamaroneck recognizes the local adverse impacts of climate change, most recently from the widespread, large-scale and costly damages due to storms Henri and Ida, and the need for local action to reduce flooding, extreme heat health risks, Greenhouse Gas Emissions, energy costs, Sewer System Ground Water Infiltration, Waste Management Emissions and Costs, Residential Insurance Costs and to improve air quality and Clean Emergency Power Production; and WHEREAS, on July 18, 2019, Governor Andrew M. Cuomo signed into law the Climate Leadership and Community Protection Act (Climate Act). New York State's Climate Act is the among the most ambitious climate laws in the world and requires New York to reduce economy-wide greenhouse gas emissions 40 percent by 2030 and no less than 85 percent by 2050 from 1990 levels; achieve l 00% zero-emission electricity by 2040 and statewide carbon neutrality by 2050; and WHEREAS, the Town of Mamaroneck embraces the mandates of the Climate Act and has been at the forefront of sustainability and environmental policy and can be a leader in emergency climate action by building and maintaining a climate-resilient and adaptive town for all residents; and WHEREAS, in the County of Westchester Declaration of Climate Emergency passed on October 18, 2021 it was “RESOLVED, that the Westchester County Board of Legislators urges state and local governments to adopt and publicize Declarations of Climate Emergency appropriate to local conditions and take appropriate action to implement the Declarations of Climate Emergency and ”; WHEREAS, in the County of Westchester Declaration of Climate Emergency passed on October 18, 2021 it was “FURTHER RESOLVED, that Westchester County's Director of Energy Conservation and 1 Sustainability and the Westchester Climate Crisis Task Force work with Westchester’s 41 municipalities to examine the local implications of the Climate Crisis and identify additional steps to mitigate the impact and ”, WHEREAS, in 2014 the Town of Mamaroneck Town Board adopted The Plan for a Resilient and Sustainable Mamaroneck (Sustainability Plan) that sets out near-term, mid-term and long-term goals toward achieving critical objectives; and WHEREAS, the Town of Mamaroneck Town Board created an advisory committee to advance the goals, evaluation and updates to the Sustainability Plan and increase public participation in climate and energy programs, the Town of Mamaroneck Sustainability Collaborative (Sustainability Collaborative); and WHEREAS, the Town of Mamaroneck Town Board created the position of Sustainability Coordinator to work with the Sustainability Collaborative to oversee community-wide outreach efforts, implement and monitor Town of Mamaroneck climate and environmental programs, and coordinate sustainability initiatives with other municipal departments and partner organizations; and WHEREAS, the Town of Mamaroneck was among the initial participants in Westchester Power, a community choice aggregation program, spearheaded by Sustainable Westchester, that provides green energy to local electricity consumers; and WHEREAS, the Town of Mamaroneck has been a consistent leader in sustainable initiatives, including adoption of the NYS Unified Solar Permit, adopting the NYStretch Energy Code, tracking and reporting the energy use of municipal buildings, completing a Community Solar Campaign, building a Community Solar project on the roof of the Town’s Hommocks Ice Rink, completing a GridRewards Demand Response Community Campaign, becoming a Bike-Friendly Community, qualifying as a Climate Smart Community and a Clean Energy Community, and WHEREAS, the massive scope and scale of action necessary to stabilize the climate and biosphere will require unprecedented levels of public awareness, engagement and deliberation to develop and implement effective, just, and equitable policies to address the climate emergency; and WHEREAS, building a climate-resilient and adaptive society will have a positive impact on the health, safety and wellbeing of residents, and will offer protections from the adverse potential consequences of climate change to Town of Mamaroneck's ecosystems; now therefore, be it 2 RESOLVED that the Town Board of the Town of Mamaroneck declares a climate emergency and calls for an immediate emergency mobilization to restore a safe climate; and be it further RESOLVED, that the Town of Mamaroneck recognizes this global and national challenge and sees opportunity for local action to address the climate emergency, while also promoting equity, opportunity, and justice for all residents, businesses, and workers in our community; and be it further RESOLVED, that the Town Board directs the Sustainability Collaborative to develop the Town’s response to this climate emergency, work with the Town Administrator and Departments to identify components of this response, and to present them to the Town Board, no later than the end of September 2022, as the “Climate Emergency Draft Response”; and be it further RESOLVED, that the Sustainability Collaborative shall submit to the Town Board recommendations for a Community Outreach and Education plan and community awareness campaign that will help the Town meet its climate change goals. The community awareness campaign plan should identify all resources, budget, and schedule necessary for successful implementation; and be it further RESOLVED, that the Sustainability Collaborative will develop, and together with the Town implement, a strategy to secure Climate Emergency Response funding from County, State and Federal sources, including pending Federal legislation and grants; and be it RESOLVED, as part of the update to the Sustainability Plan, the Sustainability Collaborative is directed to provide options for interim targets to accelerate the reduction pathway to achieve the goals for greenhouse gas emissions reductions outlined in New York State's Climate Act; and be it further RESOLVED, that the Sustainability Collaborative is directed to propose a Green Infrastructure Program, which will include community-wide efforts to reverse declines in the Town’s existing tree canopy, increase the rate of new tree planting along roads and public property, and improve rainfall runoff holding and absorption to reduce impacts to the Town’s Storm Sewer system, and be it further RESOLVED, that the Town Administrator will continue to collaborate with the County Office of Emergency Management and participate in the development of a County-wide Comprehensive Emergency Management Plan. 3 To:Town Board From:Meredith S. Robson, Town Administrator Date:November 12, 2021 Re:Leaf blower law We have received a number of inquiries since I’ve been here about our leaf blower law and requests for a full ban on gas powered leaf blowers. I wanted to bring it to your attention as a discussion item only at this time to see if you are interested in a full ban. Our current law is attached for reference. 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Implementation of capital projects this past year was severely hampered by the COVID-19 pandemic. Many of those projects and most of the projects approved in the 2021 Capital Budget are in progress. The attached report is a complete listing of all open capital projects. The listing has been divided by category of capital projects. Below are the project budget totals for each category and the percentage of the total for each. BUDGET % Information Technology $1,244,904 3.7% Other Projects1,106,269 3.3 Recreation Facilities2,636,211 7.9 Roadway and Highway8,680,954 26.1 Sanitary Sewer5,954,318 17.9 Town Building Improvements6,974,236 21.0 Vehicles and Equipment1,528,726 4.6 Water System Improvements5,110,568 15.5 Total $33,236,186 100.0% In total there are $33.2 million of open projects of which the Town has expended $20.6 or 62% of the total value of the open projects. For each project we have listed the original project budget, expenditures and encumbrances to date and the unexpended balance. There is also a brief status provided for each project. 1 As you review the list you will note in the comments that some of the projects listed are either completed or close to completion. The project remains on the list because there are funds remaining in the project budget. Our options going forward are either to close out the project, by either transferring unexpended bond funds to the debt fund, return funds to surplus, or expend the funds on a related expense for the original project. 2 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO:Town Board FROM: DATE:November 17, 2021 SUBJECT:Review - Operating Budget Report - Q3 2021 ATTACHMENTS: 1.Q3 2021 Budget Memo TOWN OF MAMARONECK OFFICE OF TOWN COMPTROLLER TO:SUPERVISOR AND TOWN BOARD MEMBERS FROM:TRACY YOGMAN- TOWN COMPTROLLER RE:FISCAL YEAR Q3 2021 OPERATING BUDGET REPORT DATE: NOVEMBER 17, 2021 _______ The Town’s financial performance for the nine months of the year are provided below by fund as compared to 2020 for the same period and includes a year end budget projection. We are three quarters of the way through the year and all of the Town’s services have just resumed at full capacity. This quarter summer camps, outdoor park concerts, general admission ice skating and youth and adult recreation programs have been offered. Capacity restrictions have just been lifted and residents still seem to be hesitant. As a result, camp programs were not at full (limited) capacity and summer pool attendance has been lower than expected to date. General admission at the ice rink is expected to bounce back. The financial summaries below anticipate that these programs will be up and running for the remainder of the year and will meet the budget. The most significant revenues that the Town relies upon are expected to meet or exceed budget including mortgage tax and sales tax. FINANCIAL SUMMARIES Overall, it is anticipated that fund balance will increase by $2.2 million as compared to the anticipated use of fund balance of $2.9 million. The projection includes expense savings of $2.7 million as a result of conservative budget practices, revenue increases for mortgage tax and sales tax and programs offered at limited capacity or suspended for half of the year. The major contributors to this savings are outlined below. The financial summaries now include the new Housing Fund. Since this is the first year of consolidation, prior year totals are not presented. As a result, fund balances will remain in compliance with the Town’s fund balance policy. 1 2021 SUMMARY ALL FUNDS Projected YTD/ 2021 Year-to-DateYear-to-DateProjected @ BudgetY/YBudgt Budget@ 9/30/20@ 9/30/2112/31/2021Variance%% Revenues General Fund$ 11,126,160$ 7,596,214$ 9,169,649$ 12,492,122$ 1,365,962121%82% Part Town13,771,50011,862,84712,630,52914,833,8621,062,362106%92% Housing Fund8,395,000-5,864,3917,805,773(589,227)0%70% Highway 5,448,8395,342,2025,215,7185,476,16827,32998%96% Fire4,356,1964,158,0024,397,7464,397,78641,590106%101% Streetlighting299,172304,040302,460302,4603,28899%101% Ambulance1,613,9931,178,3431,270,3711,585,971(28,022)108%79% Garbage2,198,1442,198,4002,198,1442,198,144(0)100%100% Sewer622,280218,214204,723526,723(95,557)94%33% Water762,918629,493738,1701,254,306491,388117%97% Total Revenues$ 48,594,202$ 33,487,755$ 41,991,902$ 50,873,316$ 2,279,114125%86% Expenses General Fund$ 12,576,840$ 7,697,364$ 7,517,486$ 11,531,9171,044,92398%60% Part Town14,704,5998,980,3399,653,48414,394,606309,993107%66% Housing Fund8,395,000-5,651,4007,615,494779,5060%67% Highway 5,738,2313,720,7274,106,6305,579,881158,349110%72% Fire4,366,5873,080,5643,002,5684,178,528188,05997%69% Streetlighting305,617275,040186,344238,70366,91468%61% Ambulance1,644,9931,032,4641,107,5471,578,37366,620107%67% Garbage2,315,2381,534,7391,703,9942,247,24867,990111%74% Sewer682,326443,831547,655632,41549,911123%80% Water708,3681,131,323679,067708,25311560%96% Total Expenses$ 51,437,799$ 27,896,391$ 34,156,175$ 48,705,418$ 2,732,381122%66% Use of Fund Balan$(2,843,597)$ 5,591,364$ 7,835,727$2,167,898$5,011,495 Projected Fund Balances Unrestricted Projected Fund Fund Balance @ Projected Projected Projected Net Balance @ % of FB Policy FUND1/1/2021RevenueExpensesResults12/31/21ApprCompliant General Fund$ 6,334,485$ 12,492,122$ 11,531,917$ 960,205$ 7,294,69058%Yes Yes Part Town5,520,84214,833,86214,394,606439,2565,960,09841% Housing731,4917,805,7737,615,494190,279921,77011%N/A Yes Highway 862,6815,476,1685,579,881(103,713)758,96813% Fire392,3824,397,7864,178,528219,258611,64014%Yes Streetlighting71,795302,460238,70363,758135,55344%Yes Ambulance529,0181,585,9711,578,3737,599536,61733%Yes Garbage349,5352,198,1442,247,248(49,104)300,43113%Yes Yes Sewer241,691526,723632,415(105,692)135,99920% Water1,290,8451,254,306708,253546,0531,836,898259%Yes Total Revenues$ 16,324,765$ 50,873,316$ 48,705,418$ 2,167,898$ 18,492,66335% 2 REVENUES In total, revenues are collectively 8% higher in 2021 than 2020 for the nine months ended September of the fiscal year. It is anticipated that revenues will exceed the budget of $48.6 million budget by $2.3 million or 5% as a result of strong mortgage tax, sales tax and building permits. Tax Collection We have collected $67.6 million or 99.6% of the $67.9 million 2021 Town & County tax levy. Penalties In 2021, due to the Town’s collection efforts we have collected $745k of the $3.5 million in outstanding tax liens for tax years 2013-2019. As a result, penalty revenue is anticipated to exceed budget by $500k. Mortgage Tax (General Fund) Mortgage tax is based on an October- September fiscal year and is paid semi-annually in June and December of each year. The County Clerk has remitted the Town’s first half of the mortgage tax (October 2020 - March 2021) of $884k which is 77% higher than same period in 2020 of $499k. The County Clerk has reported that the second half of the mortgage tax payment (April 2021-September 2021) will be approximately $1.4 million. Total annual revenue will be $2.3 million which is $1.1 million over budget. Sales Tax (Part Town Fund) Sales Tax is based on a calendar year and payments are made quarterly beginning in May 2021. We have received $2.2 million for the three quarters ending September 30, 2021. If trends continue, it is projected that sales tax will exceed the budget of $2.3 million by $600k. Recreation Income As a result of the suspension of recreation programs at full capacity during the year, revenues will fall short of the $1.8m budget by about $100k or 5% as programs resume. EXPENSES Expenses are anticipated to be approximately $2.7 million or 5.3% below the $51.4 million budget. The savings is a result of the suspension/limited capacity of recreation programs during the year, conservative budgeting practices, vacancies, keeping overtime to a minimum and responsible purchasing. The savings are distributed over all of the funds and various budget lines. 3 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO:Town Board FROM: DATE:November 17, 2021 SUBJECT:Fire Claims ATTACHMENTS: 1.Fire Claims Nov 17, 2021 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO:Town Board FROM: DATE:November 17, 2021 SUBJECT:Set Public Hearing - Preliminary Town of Mamaroneck Fire District #1 Budget ATTACHMENTS: None Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO:Town Board FROM: DATE:November 17, 2021 SUBJECT:Set Public Hearing - Preliminary 2022 Town Budget ATTACHMENTS: None Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO:Town Board FROM: DATE:November 17, 2021 SUBJECT:Set Public Hearing - Proposed Sewer Rent Rate for 2022 ATTACHMENTS: 1.SET PUBLIC HEARING PROPOSED SEWER RENT RATE FOR 2022 SET PUBLIC HEARING Proposed Sewer Rent Rate for 2022 Documents Attached In Work Session Agenda e'.4tLy 66(,1-j.:)(1A-Ua_D ------ Q 4, t, 1/40 '9HTown of Mamaroneck 'H 7 ` Z i W Z m Town Center '" " 740 West Boston Post Road,Mamaroneck,NY 10543-335 .FDUNDEDlii I. TEL: 914/381-7860 FAX: 914/381-2110 Memorandum To: Supervisor and Town Board Re: Preliminary Review Sewer Rent Rate — 2022 Date: November 12, 2021 Local Law #7 adopted in 2014 provides for establishing a sanitary sewer rent as an alternative to the ad valorem tax to fund the operation and maintenance of the sanitary sewer system. Section 174-3 of the legislation requires that the Town Board annually set the sewer rent rate per gallon based upon water consumption. The rate is calculated by dividing the revenue required to operate the sanitary sewer system by the adjusted water consumption of all system users. A public hearing must be held by the Town Board to consider any change in the sewer rent rate. There are 3,200 billed water accounts in the unincorporated Town. There are an estimated 68 properties in the unincorporated area that utilize septic systems and therefore not connected to the sewer system. Below is a listing of water sales in the unincorporated area for the last three full years: ❖ 2020 Actual 459,000,000 gallons ❖ 2019 Actual 419,000,000 gallons ❖ 2018 Actual 413,000,000 gallons Three-year average water sales- 430,333,333 gallons Average annual water use for a residential property is 115,000 gallons. This is the average of annual water use with and without irrigation based upon the average of the last three years of total water use in the Town. With 68 properties not connected to the sanitary sewer system and an average residential water consumption of 115,000 gallons; 17,500,000 gallons of water is deducted from the average water sales for purposes of the calculation of the sewer rent. Also, the law provides that the sewer rent to be charged be based upon 90% of the actual water consumed. Therefore, for rate calculation purposes the adjusted annual water sold is determined as follows: Three-year average water sales 430,333,333 gallons Deduction for properties not connected to the sanitary sewer system 17,500,000 gallons Subtotal 412,833,333 gallons Allowance for 90% of actual average water consumption 41,283,333 gallons Adjusted water sales for rate calculation 371,550,000 gallons The funding to be raised for Sewer District expenses in 2022 is $673,000. Therefore, the rate calculation is $673,000/371,550,000 =$.0018/gallon, an increase of $.0002/gallon over 2021. For an average residential consumer using 115,000 gallons of water per year the property owner will be billed for 90% of the consumption or 103,500 gallons. As a result, the average annual sewer rent for 2022 will be $187.47, an increase of $38.57 over 2021. For a point of comparison, a home with an average assessment of $1,308,000 would have incurred a property tax bill of $196.53 for Sewer District expenses in 2022 had the ad valorem tax been applied. For property owners, the decision by the Town to convert from the ad valorem tax to the sewer rent continues to be a favorable one. The sewer rent calculation is based upon average water use for residential properties, however, property owners can further control this expense through their own water conservation measures. Procedurally, the Town Board must hold a public hearing on the proposed sewer rent rate increase before a new rate can be implemented. Meredith S. Robson Town Administrator cc: Tracy Yogman- Comptroller Wis Town of Mamaroneck Town Center • teilL740 West Boston Post Road,Mamaroneck,NY 10543-3353 TEL: 914/381-7860 FAX:914/381-2110 TEL: 914/381-7860 FAX:914/381-2110 Memorandum To: Supervisor and Town Board Re: Preliminary Review Sewer Rent Rate — 2022 Date: November 12, 2021 Local Law #7 adopted in 2014 provides for establishing a sanitary sewer rent as an alternative to the ad valorem tax to fund the operation and maintenance of the sanitary sewer system. Section 174-3 of the legislation requires that the Town Board annually set the sewer rent rate per gallon based upon water consumption. The rate is calculated by dividing the revenue required to operate the sanitary sewer system by the adjusted water consumption of all system users. A public hearing must be held by the Town Board to consider any change in the sewer rent rate. There are 3,200 billed water accounts in the unincorporated Town. There are an estimated 87 properties in the unincorporated area that utilize septic systems and therefore not connected to the sewer system. Below is a listing of water sales in the unincorporated area for the last three full years: ❖ 2020 Actual 459,000,000 gallons ❖ 2019 Actual 419,000,000 gallons ❖ 2018 Actual 413,000,000 gallons Three-year average water sales- 430,333,333 gallons 'Average annual water use for a residential property is 115,000 gallons. This is the average of annual water use with and without irrigation based upon the average of the last three years of total water use in the Town. With 68 properties not connected to the sanitary sewer system and an average residential water consumption of 115,000 gallons; 17,500,000 gallons of water is deducted from the average water sales for purposes of the calculation of the sewer rent. Also, the law provides that the sewer rent to be charged be based upon 90% of the actual water consumed. Therefore, for rate calculation purposes the adjusted annual water sold is determined as follows: Three-year average water sales 430,333,333 gallons Deduction for properties not connected to the sanitary sewer system 17,500,000 gallons Subtotal 412,833,333 gallons Allowance for 90% of actual average water consumption 41,283,333 gallons Adjusted water sales for rate calculation 371,550,000 gallons The funding to be raised for Sewer District expenses in 2022 is $663,107. Page 20 of 78 c Therefore, the rate calculation is $663,107/371,550,000 =$.0018/gallon, an increase of $.0002/gallon over 2021. For an average residential consumer using 115,000 gallons of water per year the property owner will be billed for 90% of the consumption or 103,500 gallons. As a result, the average annual sewer rent for 2022 will be $148.90, an increase of $35.82 over 2021. For a point of comparison, a home with an average assessment of $1,308,000 would have incurred a property tax bill of $193.64 for Sewer District expenses in 2022 had the ad valorem tax been applied. For property owners, the decision by the Town to convert from the ad valorem tax to the sewer rent continues to be a favorable one. The sewer rent calculation is based upon average water use for residential properties, however, property owners can further control this expense through their own water conservation measures. Procedurally, the Town Board must hold a public hearing on the proposed sewer rent rate increase before a new rate can be implemented. redith S. Robson` Town Administrator cc: Tracy Yogman- Comptroller Page 21 of 78 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO:Town Board FROM: DATE:November 17, 2021 SUBJECT:Set Public Hearing - Snow and Ice Removal Fines ATTACHMENTS: 1. THIS DOCUMENT IS LOCATED IN THE WORK SESSION SECTION – SET PUBLIC HEARING – INCREASE TO NOT REMOVING SNOW AND ICE THIS DOCUMENT IS LOCATED IN THE WORK SESSION SECTION – SET PUBLIC HEARING – INCREASE TO NOT REMOVING SNOW AND ICE Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO:Town Board FROM: DATE:November 17, 2021 SUBJECT:Approval - Capital Budget Amendments - Q3 2021 ATTACHMENTS: 1.2021 CAPITAL BUDGET AMENDMENTS-November 17, 2021 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 Office of the Comptroller TEL: 914/381-7850 FAX: 914/381-7809 towncomptroller@townofmamaroneck.org Memorandum To: Town Board Members From: Tracy Yogman, Town Comptroller Date: November 17, 2021 Re: 2021 Capital Budget Amendments _______________________________________________________________________ The capital project budget has been reviewed and the following budget amendments are recommended to amend the 2021 capital projects as follows: 1.Building Department Vehicle (Project 2014-21) Vehicle was purchased slightly below budget. A budget amendment is recommended to return the funds to the Part Town Fund. 2.Barry Ave/Macy Rd Water Main (Project 2016-12) Project was completed and a small balance of funding remains. A budget amendment is recommended to return the funds to the Water Fund. 3.Highway Garage Site Drainage Modifications (Project 2017-38) Project has been on hold. The budget is now almost five years old. When project progresses, it will be added back to the capital budget. A budget amendment is recommended to return funds to the Highway Fund. 4.Ice Rink Locker Rooms (Project 2019-24) Additional funding is needed for contractor change orders ($15k), design consultant work related to additional field conditions ($37k) and the purchase and installation of storage containers for the ice rink floor ($70k).There is $22k remaining in the budget. A budget amendment is recommended to fund the net additional cost of $100k from the increase in mortgage tax revenue. 5.Brine System (Project 2020.10) The purchase and installation of the brine system has been deferred as the Highway Dept is evaluating a new system that is less costly. As a result a budget amendment is recommended to remove the project from the capital plan until a revised estimate is obtained. 6.Town Center Building Improvements (Project 2020-14) The purchase and installation of flooring in Town Center will be completed by section. The 2022 Capital Budget includes flooring for the first/second and Town Clerk/Admin offices. A budget amendment is recommended to remove the existing project from the capital plan and add in flooring projects in phases in 2022 and 223. 7.Ambulance Equipment (Project 2021-33) The purchase of the stair chairs and heart monitors was slightly less than budgeted. A budget amendment is recommended to close the project and return remaining funds to Debt Service. 8.Police Equipment (Project 2020.72) The radios in all patrol cars have aged and will be replaced in each car as they are purchased. The 2021 budget did not include enough funding for these radios, Funding is remaining in a 2020 police equipment capital project. A budget amendment is recommended below to transfer funds for the radio replacements. 9.Water Infrastructure Paving-2020 (Project 1368.12) The 2020 paving funding for water infrastructure projects has remaining funds that will be returned to the Water fund balance. A budget amendment is recommended to transfer funds back to fund balance. 10.Purchase Water Storage Tank #1 (Project 1375.12) This project was deferred to 2022 and is included in the 2022 Capital Budget. As a result, the project will be eliminated in 2021. A budget amendment is recommended and will be added back in 2022. 11.Weaver Street Pump Station (Project 1378.12) The estimate for the Weaver Street Pump Station and installation of PRV has been updated and additional funding is required. Water revenues have already exceeded budget and a budget amendment to increase both the revenue and funding for this project is recommended below. 12.Town Center Building Improvements (Project 2021-14) Housekeeping transfer to correct closeout of the block wall project that was no longer needed in the Police Department. A budget amendment is recommended to transfer funds from Part Town to General Fund. R EQUESTED ACTION: It is recommended that the Town Board approve the following 2021 capital budget amendments: 2021 CAPITAL BUDGET AMENDMENTS CAPITAL FUND (FUND H): Item #Amount H.3620.0400.2014.21Vehicle- Building DeptDecrease Expense 1$ (232.03) Expense H.9900.9902.2014.21Transfer to Part Town FundsIncrease 232.03 H.8340.0400.2016.12Barry Ave/Macy Rd Water MainDecrease Expense 2(1,392.46) H.9900.9904.2016.12Transfer to Water District FundIncrease Expense 1,392.46 Revenue H.0000.2797.2017.38Transfer from Sanitation CommDecrease 3(56,000.00) H.9900.9940.2017.38Transfer to Highway FundIncrease Expense 14,328.50 Expense H.5110.0400.2017.38Highway Garage ImprovementsDecrease (70,328.50) ` Revenue H.0000.5031.2019.24Transfer from General FundIncrease 4100,000.00 H.7265.0400.2019.24Ice Rink Locker Room ImprovementsIncrease Expense 100,000.00 Revenue H.0000.2797.2020.10Other Govnmts-Brine SystemDecrease 5(62,500.00) Revenue H.0000.5710.2020.10Serial Bonds- Brine SystemDecrease (62,500.00) H.5142.0400.2020.10Brine SystemDecrease Expense (125,000.00) Revenue H.0000.5710.2020.14Serial Bonds- Town Center FlooringDecrease 6(200,000.00) H.1620.0400.2020.14Town Center FlooringDecrease Expense (200,000.00) Expense H.9900.9980.2021.33Transfer to Debt ServiceIncrease 741.18 Expense H.4189.0400.2021.33Ambulance EquipmentDecrease (41.18) H.3120.0400.2020.77Police EquipmentDecrease Expense 8(4,000.00) Expense H.3120.0400.2020.72VehiclesIncrease 4,000.00 Revenue H.0000.5995.2020.72Appropriated Fund BalanceDecrease (4,000.00) H.0000.5995.2020.77Appropriated Fund BalanceIncrease Revenue 4,000.00 ExpenseH.8340.0400.1368.12 Water Infrstructure PavingDecrease 9(105.00) ExpenseH.9900.9904.1368.12 Transfer to Water FundIncrease 105.00 ExpenseH.8340.0400.1375.12 Purchase Water Storage Tank #1Decrease 10(230,000.00) ExpenseH.8340.4022.1375.12 Bond & Note ExpenseDecrease (2,230.00) RevenueH.0000.5710.1375.12 Serial BondsDecrease (232,230.00) Expense H.8340.0400.1378.12 Weaver St Pump StationIncrease 1137,200.00 RevenueH.0000.5038.1378.12 Transfer from Water FundIncrease 37,200.00 2021 CAPITAL BUDGET AMENDMENTS Item #Amount PART TOWN FUND (FUND B): Revenue B.0000.5040Transfer from CapitalIncrease 1$ 232.03 Revenue B.0000.5995Appropriated Fund BalanceDecrease (232.03) WATER FUND (FUND SW): Revenue SW.0000.5040Transfer from CapitalIncrease 21,392.460 Revenue SW.0000.5995Appropriated Fund BalanceDecrease (1,392.46) HIGHWAY (FUND DB): Revenue DB.0000.5040Transfer from CapitalIncrease 314,328.50 DB.0000.5995Appropriated Fund BalanceDecrease Revenue (14,328.50) GENERAL FUND (FUND A): Expense A.9900.9950Transfer to Capital Fund Increase 4100,000.00 Increase Income A.0000.3005Mortgage Tax revenue100,000.00 DEBT SERVICE (FUND V) 7 Transfer from CapitalIncrease RevenueV.0000.504041.18 Appropriated Fund BalanceDecrease RevenueV.0000.5995(41.18) WATER FUND (FUND SW) 9 Transfer from CapitalIncrease RevenueSW.0000.5040105.00 Appropriated Fund BalanceDecrease RevenueSW.0000.5995(105.00) WATER FUND (FUND SW) 11 SW.9900.9950Transfer to Capital Fund Increase Expense 37,200.00 Water RevenuesIncrease RevenueSW.0000.277337,200.00 PART TOWN FUND (FUND B): 12 Revenue B.0000.5040Transfer from CapitalDecrease $ (10,000.00) Revenue B.0000.5995Appropriated Fund BalanceIncrease 10,000.00 GENERAL FUND (FUND A): 12 Expense A.9900.9950Transfer from CapitalDecrease $ (10,000.00) Revenue A.0000.5995Appropriated Fund BalanceDecrease (10,000.00) Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO:Town Board FROM: DATE:November 17, 2021 SUBJECT:Approval - Operating Budget Amendments - Q3 2021 ATTACHMENTS: 1.2021 OPERATING BUDGET AMENDMENTS-November 17, 2021 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 Office of the Comptroller TEL: 914/381-7850 FAX: 914/381-7809 towncomptroller@townofmamaroneck.org Memorandum To: Town Board Members From: Tracy Yogman, Town Comptroller Date: November 17, 2021 Re: 2021 Operating Budget Amendments In compliance with the Budget Policy the following 2021 budget amendments are recommended for approval as they increase appropriations. 1.Transfers from Tree Fund (T.0041) A tree maintenance bond was closed without a tree planted. As a result, the funds were transferred to the general fund for tree planting. A budget amendment is recommended to transfer the funds to the General Fund for tree purchases. 2.Program Clinic Instruction Funding for youth program instruction is needed as many of the programs offered were contracted out this year. As a result, there is savings in the part time line. A budget amendment is recommended to transfer savings in other budget lines for these expenses. 3.Consultant Expenses Consulting expenses for traffic signal recommendations at Myrtle Ave and N Chatsworth and New Jefferson/N. Chastworth traffic study. A budget amendment is recommended to transfer savings in other budget lines for these expenses. 4.Coop Day Camp Coop day camp was held virtually in the summer of 2020. The Town was just recently billed and funding is needed to reimburse the school for the Town’s portion. A budget amendment is recommended to transfer savings in other budget lines for these expenses. 2021 OPERATING BUDGET AMENDMENTS GENERAL TOWN WIDE FUND (FUND A): Amount RevenueA.0000.5041Transfers from TrustIncrease$ 500 1 ExpenseA.8510.4178Plants/Trees Increase500 ExpenseA.7310.4037Prog Clinic InstructionIncrease $ 41,150 2 ExpenseA.7310.10321Salaries- Part TimeDecrease$ (41,150) PART TOWN FUND (FUND B): ExpenseB.3310.4035.0000.00Consultant ServicesIncrease 313,500 ExpenseB.7410.4217.0000.00Library OperationsDecrease(13,500) ExpenseB.1900.1930ContignecyDecrease(5,400) ExpenseB.7310.4171.0000.00Coop Day CampIncrease 14,000 4 ExpenseB.7410.4217.0000.00Library OperationsDecrease(13,307) ExpenseB.7550.4219.0000.00Memorial DayDecrease(693) October 20, 2021 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD OCTOBER 20, 2021 BEGINNING AT 5:00PM. BEGINNING AT 5:00 PM 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 Councilman Jeffery L. King ALSO PRESENT:Christina Battalia, Town Clerk Meredith S. Robson, Town Administrator Connie Green O’Donnell, Deputy Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION The Worksession of the Town Board was called to order by Supervisor Seligson then on motion of Councilwoman Elkind Eney, seconded by, seconded by Councilman King, the Work Session was unanimously opened at 5:00 p.m. Additionally Present: Lindsey Luft Assistant to the Town Administrator Quarterly Update and Climate Emergency Declaration - Sustainability Collaborative Additionally Present: Mitch Green Chair, and members of the Sustainability Collaborative, Arlene Novich, Nick Zubba, Denise Dunn, Mark Kramer, Kevin Crowe and June Wallach The Sustainability Collaborative presented to the Town Board a sample Climate Change Declaration. The Sustainability Collaborative based this template from the declaration passed by the City of New Rochelle. The Town Board thanked Mr. Green for providing a template for a Climate Emergency Declaration, adding that they would like to review it amongst the Town Board to tailor it more specifically for the Town. Mr. Green stated that many of the items in the declaration could be done by the Sustainability Collaborative. Mr. Green noted that the Sustainability Collaborative plan was last approved in 2014, and should be updated. The Town Board reminded Mr. Green that the Sustainability Collaborative was going to do some legwork on leaf blowers. Mr. Green will reach out to the Village of Larchmont Environmental Committee and receive feedback on how the Village law is doing. Mr. Green gave an update on the recent meeting with Town staff to discuss amendments to the Tree law. Town staff will do some homework and the group will meet again in January, after the budget is adopted. Finally, Mr. Green distributed the Climate Smart Communities Certification Action Checklist, noting that the Town is set to resubmit their actions in January. Supervisor Seligson informed Mr. Green that a resident sent her a long list of suggestions for the Tree Law, and she will forward them on to him. 1 October 20, 2021 Review – Proposed Amendment to the Law Regulating Central Air Conditioning Units Mr. Maker stated that the current draft reflects comments made by the Planning Board. Setting a public hearing on this law was added to the affairs of the Town. ADDED ITEM Councilwoman Fiddelman stated that the Planning Board has reviewed the current swimming pool law and has found some issues that should be addressed. The Planning Board prepared a draft local law. Mr. Maker will review the draft. The Town Board thought it was important for the Planning Board to know that their suggestions are always welcomed, but that the Town Attorney should draft legislation. Ms. Robson will discuss this with the Planning Board. OUT OF ORDER Review – Humane Society Agreement As required by New York State, the Town of Mamaroneck must maintain an agreement with an animal shelter for the control of dogs. Although the Town has been operating under the terms of a draft agreement, it has remained unsigned. Ms. Robson is recommending that the agreement be executed. This item is on the regular agenda for this evening. Update – Sanitation Commission Supervisor Seligson stated that at the recent Commission meeting the current draft resolution was discussed. At the Village of Larchmont Board of Trustee meeting on October 18, the resolution was adopted. Supervisor Seligson stated that the draft before the Town Board this evening reflects what the Town Board discussed at their last Town Board worksession. Approval of the resolution was added to the regular agenda for this evening. Discussion – Barton and Loguidice Supplement Agreements #1 and # 2 The Town Board reviewed Alternates #1 and #2. Councilman King would like further review and proposals for the intersection of New Jefferson Street and N. Chatsworth Avenue. Councilman King doesn’t think it addresses the driver’s lack of pedestrian visibility. The Town Board would like to schedule a Zoom call with the consultant to revisit this pedestrian issue. On a separate, but similar issue, Councilman King brought to Ms. Robson’s attention the need for maintenance on the traffic calming bump outs at Huguenot and Lafayette Streets. Discussion – 2022 Budget Meeting Dates and Times Ms. Robson has proposed October 23 at 9:00 am, and Tuesday, November 9 and 5:30 pm. These meetings will be added to the main calendar. 2 October 20, 2021 Discussion – Tax Cap Override The Town Board discussed the draft legislation authorizing a Tax Levy Cap override. This has been done often in previous years as a precaution for the budget adoption. The Town Board will set a public hearing this evening. Discussion – LMCMedia Update Supervisor Seligson stated that the Town and the other municipalities are working on finding historical information on the structure for creating the Board of Control. The Boards are discussing a new agreement, and a new structure. There are lingering questions that remain, one being the viability of LMCMedia and whether it can stay financially sound. The Town Board questioned why the third Floor renovations are going so slowly, and that it remains unclear as to why. Councilwoman Katz stated that meetings of the Board of Control are not happening. Ms. Yogman noted that the franchise fees were $810,000 in 2021, and expected to be $770,000 in 2022, adding that these did not go down substantially as previously expected. Ms. Robson, Councilwoman Katz and Mr. Altieri, will meet to receive the third floor. Discussion – Title Search for Pryer Manor Road Mark and Hetty Sullivan of Pryer Manor Road were in attendance. The Town Board received a detailed memo from Mr. Maker explaining the findings of the title search. In summary, the title search shows that the City of New Rochelle owns Pryer Manor Road. At this point, the Town could ask the title company to do a title search and check every deed filed for all the properties, including Pryer Manor Road, Dogwood Lane and Wildwood Circle. This would include 42 lots. The Town Board was in favor of completing the additional titled searches, which Mr. Maker estimated to cost approximately $1,500. Discussion – Paperless Agenda Deferred CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 p.m. Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this evening. 3 October 20, 2021 SUPERVISOR’S REPORT The Town Board has received the Town Administrator’s Tentative Budget. The Tentative Budget will be posted on the Town website tomorrow, October 21. The Town Board has two budget meetings planned to review and discuss the budget. Of course, the budget meetings are public meetings and open to the public. The first meeting is this Saturday, October 23 from 9:00 am to 2:30 pm at the Town Center. The next meeting is Monday, November 8 from 5:30 pm to 8:30 pm. The Preliminary Budget or the revised version will be presented the first week of December. The final budget must be adopted by December 20, but our second Town Board meeting in December is the fifteenth when we would expect to adopt it. Early voting begins this Saturday, October 23 here at the Town Center. Anyone registered voter in Westchester County can vote early at any early voting site in the County including here. Early voting continues There are 5 statewide ballot proposals on the ballot this year. You have to flip over your ballot to vote on them. The 2021 Statewide Ballot Proposals are the culmination of years of work. The State Legislature has voted to approve these changes to the state constitution for the past two years and now it's our turn. Proposal 1 addresses more than a dozen individual changes to the constitution wrapped up in one Proposal, but voters must vote yes or no on them all together. The top changes include: Cap the total number of state senators at 63 Require that incarcerated people be counted at the address where they lived before going to jail or prison for the purposes of redistricting — not where they are being detained Move up the timeline by two weeks for when redistricting plans must be submitted to the legislature Change the vote total needed to adopt redistricting plans when one political party controls both legislative houses Proposal 2 is for an Environmental Bill of Rights. Adds a broad new right to the state constitution that states: “Each person shall have a right to clean air and water, and a healthful environment.” Proposals 3 and 4 address Elections and Voting Proposal 3 would remove a current constitutional rule that you must register to vote at least 10 days before an election in New York. It would pave the way for same day registering/voting Proposal 4 would nix a state constitutional rule that says voters must have an excuse, or valid reason, to vote with an absentee ballot. If the proposal gets voter approval, it would clear the way for the state Legislature to make no-excuse absentee voting a permanent option Proposal 5 – Civil Court’s Claim Limit: The fifth ballot proposal seeks to change the monetary limit on claims in the city’s civil court, which is regulated by the state constitution. Currently, in New York City’s Civil Court, only cases involving claims worth $25,000 or less may be heard. Proposal 5 would lift that limit to $50,000. Note, though NYS voters can vote on this, it only affects NYC civil court. 4 October 20, 2021 A simple majority of people must VOTE YES in order for them to pass. Meredith and I met with the regional director of Tom DiNapoli, the State Comptroller’s office. The regional rep is Joe Orlando who offered his services to the Town. The TMFD held a wonderful Inspection Dinner event last Friday. The apparatus was gleaming in its artful arrangement on the apron of the Fire House. The fire fighters were well turned out and the dinner event was a happy occasion to honor exemplary service among the department. The Town Sustainability Collaborative held the first Repair Café on Saturday at the Senior Center. It was a wonderful event with lots of willing and happy repairer volunteers engaging with resdients who brought household items needing repair. A high school band played jazz music, volunteers made home baked goods and the community atmosphere was upbeat and contagious. Just a reminder that I speak about Town issues and current events Friday morning at 8:35 on WVOX radio. PUBLIC HEARING – “Opt-out from the licensure and establishment of a retail dispensary license and/or on- site consumption license authorizing the retail sale of adult-use cannabis to cannabis consumers under the provisions of article four of the New York State Cannabis Law in the unincorporated area of the Town of Mamaroneck” Law The following Notice of Public Hearing is entered into the record as follows: PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, October 20, 2021 at 8:00 PM or as soon thereafter as is possible, to consider the “Opt-out from the licensure and establishment of a retail dispensary license and/or on-site consumption license authorizing the retail sale of adult-use cannabis to cannabis consumers under the provisions of article four of the New York State Cannabis Law in the unincorporated area of the Town of Mamaroneck” Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: Section 131 of the Cannabis Law allows local governments to opt out of the provisions of the Cannabis Law insofar as that law allows the licensing and the establishment of retail dispensaries and/or places for the on-site consumption of cannabis products. A local law, passed before December 31, 2021, is required in order for a local government to opt out. Failure to pass such a local law on or before December 31, 2021 means that such local government cannot opt out of the Cannabis Law. However, a local government that properly opts out of the Cannabis Law can “opt-into” that law after December 31, 2021. The Town Board finds that it is in the best interests of the Town to opt out of the Cannabis Law so that it can monitor the effect of the retail sale of adult-use cannabis to cannabis consumers and of places authorized to allow the on-site consumption of cannabis by cannabis consumers in other communities within Westchester County and beyond. 5 October 20, 2021 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: October 13, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson asked if any Town Board Members or the public wished to comment. David Brown a new resident stated that he came this evening because he was interested in the process for adoption of things like this. Mr. Brown added that if done in a respectful manor to the community, it could be a good thing. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following Local law was approved: Local Law No. 14 - 2021 This local law shall be known as the “Opt-out from the licensure and establishment of a retail dispensary license and/or on-site consumption license authorizing the retail sale of adult-use cannabis to cannabis consumers under the provisions of article four of the New York State Cannabis Law in the unincorporated area of the Town of Mamaroneck” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: Section 131 of the Cannabis Law allows local governments to opt out of the provisions of the Cannabis Law insofar as that law allows the licensing and the establishment of retail dispensaries and/or places for the on- site consumption of cannabis products. A local law, passed before December 31, 2021, is required in order for a local government to opt out. Failure to pass such a local law on or before December 31, 2021 means that such local government cannot opt out of the Cannabis Law. However, a local government that properly opts out of the Cannabis Law can “opt-into” that law after December 31, 2021. The Town Board finds that it is in the best interests of the Town to opt out of the Cannabis Law so that it can monitor the effect of the retail sale of adult-use cannabis to cannabis consumers and of places authorized to allow the on-site consumption of cannabis by cannabis consumers in other communities within Westchester County and beyond. Section 2 – Addition of a new chapter to the Mamaroneck Code: The Code of the Town of Mamaroneck is amended by adding the following new Chapter 68 thereto. 6 October 20, 2021 Article 68 Cannabis § 68-1 Title. This law shall be known as the opt-out from the licensure and establishment of a retail dispensary license and/or on-site consumption license authorizing the retail sale of adult-use cannabis to cannabis consumers under the provisions of article four of Cannabis Law of the State of New York. § 68-2 Legislative intent and authority for this chapter. Section 131 of the Cannabis Law allows local governments to opt out of the provisions of the Cannabis Law insofar as that law allows the licensing and the establishment of retail dispensaries and/or places for the on- site consumption of cannabis products. A local law, passed before December 31, 2021, is required in order for a local government to opt out. Failure to pass such a local law on or before December 31, 2021 means that such local government cannot opt out of the Cannabis Law. However, a local government that properly opts out of the Cannabis Law can “opt-into” that law after December 31, 2021. The Town Board finds that it is in the best interests of the Town to opt out of the Cannabis Law so that it can monitor the effect of the retail sale of adult-use cannabis to cannabis consumers and of places authorized to allow the on-site consumption of cannabis by cannabis consumers in other communities within Westchester County and beyond. § 68-3 Opt-out. A.The Town hereby requests the cannabis control board to prohibit within the unincorporated area of the Town the establishment of retail dispensary licenses or on-site consumption licenses pursuant to article four of the Cannabis Law. B.The Town opts out of having retail dispensaries of cannabis and/or places for the on-site consumption of cannabis located within the unincorporated area of the Town. § 68-4 Permissive referendum. This local law is subject to a permissive referendum governed by section twenty-four of the Municipal Home Rule Law of the State of New York. 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: 7 October 20, 2021 This Local Law shall become effective upon the later of the forty-fifth day following its adoption or the day that it is filed with the Secretary of State. The above resolution was put to a roll call vote: King Aye FiddelmanAye Elkind EneyAye KatzAye Seligson Aye CITIZEN’S COMMENTS Cathy Sears of the Larchmont Gardens’ Civic Association addressed the Town Board and began by inviting everyone to the upcoming Halloween parade. Ms. Sears asked for an update on the ‘arches’, she asked if there was any update on when the Ida damage to the catch basin at the Duck Pond might be addressed. In closing, Ms. Sears stated the Association is appreciative that the Town is discussing the tree canopy. Supervisor Seligson responded that the Town will look into the arches, and with respect to the damage at the Duck Pond, the Town sustained one million dollars in damage and it is a large task to review every area schedule all for repair. BOARD OF FIRE COMMISSIONERS Commissioner Seligson called the Meeting to order, 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 1. FIRE CLAIMS On motion of Commissioner Elkind Eney, seconded by Commissioner Katz, 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: ATTACHMENT A 8 October 20, 2021 The above resolution was put to a roll call vote: Commissioner KingAye Commissioner FiddelmanAye Commissioner Elkind Eney Aye Commissioner KatzAye Commissioner SeligsonAye 2.Other Fire Department Business Commissioner Elkind Eney read the Fire Report for the Month of September as submitted by Chief Hughes as follows: 2021 ALARM TYPE NUMBER Generals72 Minors38 Stills150 Out of Town (Mutual Aid)6 EMS41 Drills3 TOTAL310 Total number of personnel responding: 5191 Total time working: 114 hours and 38 minutes Commissioner Elkind Eney noted that the large numbers of personnel responding was due to Ida, adding that there were 30 water rescues, with thankfully, no loss of life. The Department held a wonderful Inspection with a dinner following. This is a wonderful event in which the Town is able to appreciate and witness their high level of professionalism and respect for their organization. We thank them for their hard work and dedication. There being no further business to come before the Commission, on motion of Commissioner Fiddelman, seconded by Commissioner King, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1.Set Public Hearing – Tax Levy Cap Override 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 “Authorizing a Property Tax Levy in Excess of the Limit Established in General 9 October 20, 2021 Municipal Law”, for November 3, 2021 at 8:00 p.m., 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. 2.Appointment - Budget Officer On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby rescind the resolution from the January 6, 2021 Town Board Meeting which appointed Stephen V. Altieri as the Budget Officer for the year 2021, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby appoint Meredith S. Robson, the Town Administrator, as Budget Officer, for the remainder of the year 2021. The above resolution was put to a roll call vote: King Aye FiddelmanAye Elkind EneyAye KatzAye Seligson Aye 3.Salary Authorization – Laborer Highway Department On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Darion Arango to the full-time position of Laborer in the Highway Department at an annual salary of $52,841, effective October 25, 2021. The above resolution was put to a roll call vote: King Aye FiddelmanAye Elkind EneyAye KatzAye Seligson Aye 10 October 20, 2021 4.Authorization – Audit Services Contract On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement with EFRP Group for auditing services for the years 2021, 2022 and 2023, at an annual cost of $46,250 and additional hours at $135-$300 per hour for any additional services, 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 FiddelmanAye Elkind EneyAye KatzAye Seligson Aye 5.Resolution – Waiving Building Permit Renewal Fee for 84 Weaver Street (section/Block/Lot: 4-6-61) On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Town Board finds and approves the following: WHEREAS, the owner of 84 Weaver Street (Section/Block/Lot: 4-6-61) received a building permit for the construction of a single-family home on this lot on June 7, 2019, and WHEREAS, the owner completed construction and received a temporary certificate of occupancy on April 27, 2020, and WHEREAS, the newly constructed home was rented to a tenant, who due the COVID-19 pandemic, refused access to the home so that the owner could gather information to complete the paperwork, and the building department could perform the inspections required for the issuance of a permanent certificate of occupancy, and WHEREAS, section 106-48 of the Town Code requires a permanent certificate of occupancy to be issued with respect to any building permit issued for the construction of a new single-family home, WHEREAS, pursuant to section 106-42 of the Town Code, a building permit is effective only for one year after the date of its issuance, and WHEREAS, because the tenant denied access to the property the owner was unable to procure a permanent certificate of occupancy before the building permit therefor expired, and WHEREAS, after a building permit expires, it must be renewed and a fee must be paid for its renewal before the Building Inspector can issue a permanent certificate of occupancy, and 11 October 20, 2021 WHEREAS, the owner has requested that the Town waive the fee to renew the building permit for 84 Weaver Street, and WHEREAS, the Building Department has no objection to the waiver of this fee in this unique circumstance, and WHEREAS, these facts present a unique situation in that due to the tenant’s fears about contracting COVID-19, the owner of 84 Weaver Street was unable to procure a permanent certificate before its building permit expired, and NOW THEREFORE, BE IT RESOLVED, that the Building Inspector is directed not to collect the fee that otherwise would be payable for the renewal of the building permit for 84 Weaver Street (Section/Block/Lot: 4-6-61), provided that the owner of that property submits a complete application for a permanent certificate of occupancy within six (6) months of the date hereof, and BE IT FURTHER RESOLVED, that because this situation is unique, the Town Board does not consider its action in this matter to be setting a precedent for dealing with the renewal of building permits for other properties within the unincorporated area of the Town. The above resolution was put to a roll call vote: King Aye FiddelmanAye Elkind EneyAye KatzAye Seligson Aye 6.Authorization – Barton & Loguidice Supplemental Agreement # 1 for New Jefferson Street at North Chatsworth Avenue Deferred 7.Authorization – Barton & Loguidice Supplemental Agreement # 2 for Myrtle Boulevard and N. Chatsworth Avenue On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve Agreement # 2 – Professional Consulting Services - Myrtle Boulevard and N. Chatsworth Avenue Intersection Improvement Construction Documents, dated October 13, 2021, for a lump sum fee of $13,500, which includes expenses and labor, and 12 October 20, 2021 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 FiddelmanAye Elkind EneyAye KatzAye Seligson Aye 8.Authorization – Humane Society Agreement On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the Town Board finds and approves the following: WHEREAS, the State of New York set forth certain laws related to the control of dogs in Article 7 of the New York Code, and WHEREAS, as set forth in the Laws of the State of New, Agriculture and Markets Article 7 §114, the Town must either maintain a shelter for dogs, or contract for pound or shelter services with an incorporated humane society. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement between the Town of Mamaroneck and the Human Society of Westchester (formerly the New Rochelle Humane Society) for services relating to the control and sheltering of dogs. The above resolution was put to a roll call vote: King Aye FiddelmanAye Elkind EneyAye KatzAye Seligson Aye 9.Set Public Hearing – Amendment to the Central Air Conditioning Units Law On motion of Councilwoman Katz, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Amendment to the Central Air Conditioning Units” Law, for November 3, 2021 at 8:00 p.m., at the Town Center, 740 West Boston Post Road, and 13 October 20, 2021 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. 10.Authorization – Resolution Sanitation Commission On motion of Councilwoman Katz, seconded by Councilman King, the following was approved, WHEREAS, the Town of Mamaroneck (the “Town”) and the Village of Larchmont (the “Village”) currently handle the collection and disposal of solid waste and other refuse cooperatively by operation of the Larchmont-Mamaroneck Joint Garbage Disposal Commission (the “Commission”); and WHEREAS, the Commission was established by State Legislation in 1938 for the primary purpose of constructing and operating an incinerator; and WHEREAS, in or about 1968 the operation of the incinerator was terminated; and WHEREAS, in or about June of 1973 the respective governing bodies of the Town and the Village passed resolutions (the “1973 Resolutions”) adopting a plan for the Commission to perform the collection and other functions which had previously been performed by their own separate Sanitation Departments; and WHEREAS, the function performed by the Commission has evolved over time into primarily a collection and off-site disposal operation; and WHEREAS, the annual Commission budget is funded primarily with funds provided to the Commission by each of the two municipalities; and WHEREAS, the governing bodies of the Town and the Village are in active discussions regarding an updated permanent arrangement for conducting and funding the functions now being performed by the Commission; and WHEREAS, these discussions and/or the implementation of their conclusions will not be completed before the Commission’s 2022 budget season; and WHEREAS, the Town and the Village, by adoption of this resolution, are providing for their respective financial contributions to fund the Commission’s budget for the interim calendar year of 2022. NOW THEREFORE, BE IT RESOLVED as follows: 1.Notwithstanding anything to the contrary in any prior statutes, resolutions or agreements, the Larchmont Mamaroneck Joint Garbage Disposal Commission budget for calendar year 2022 shall be funded forty-one (41%) percent by the Village of Larchmont and fifty-nine (59%) percent by the Town of Mamaroneck. 2.The Town and Village Boards (collectively the “Boards”) will continue to work on a mutually agreeable updated arrangement for handling solid waste and other refuse with a goal of commencing an updated arrangement on January 1, 2023. 14 October 20, 2021 3.The interim funding contribution agreement described in paragraph “1” above shall remain in effect for the entirety of calendar year 2022. 4.Following adoption of this resolution by the Boards, the Boards will have a series of joint meetings to explore alternatives and advance discussions for a permanent alternate arrangement. 5.On or before June 16, 2022, at a joint meeting, the Boards will discuss the status of agreement on a permanent alternate arrangement and an anticipated timetable for completion of discussions and implementation of a permanent alternate arrangement. The above resolution was put to a roll call vote: King Aye FiddelmanAye Elkind EneyAye KatzAye Seligson Aye APPROVAL OF MINUTES On motion of Councilwoman Fiddelman, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of September 22 and October 6, 2021. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilman King, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 15 October 20, 2021 ATTACHMENT A 16 November 3, 2021 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD NOVEMBER 3, 2021 BEGINNING AT 5:00 PM 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 Councilman Jeffery L. King ALSO PRESENT:Christina Battalia, Town Clerk Meredith S. Robson, Town Administrator Connie Green O’Donnell, Deputy Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION The Worksession of the Town Board was called to order by Supervisor Seligson, then on motion of Councilwoman Katz, seconded by Councilman King, the Work Session was unanimously opened at 5:00 p.m. Additionally Present: Lindsey Luft Assistant to the Town Administrator Discussion – Fire Department 2022 Budget Additionally present: Fire Chief Shaun Hughes, First Deputy Chief Tom Broderick and Second Deputy Chief Alex Rapp Chief Hughes gave an excellent presentation on the budget, highlighting the damage incurred by the equipment during Ida. Additional funding has been requested for a number of budget lines, some storm related and some not. There was a surplus in the Department so the percentage increase is less than the expenditures reflect. Ms. Robson stated that there is a plan for a referendum for the replacement of one piece of apparatus damaged during the Ida, and one that has aged out. Review – Proposed Increase to the Alternative Veterans Exemption Additionally Preset: Pamela Valenza the Town Assessor Supervisor Seligson stated that historically the Town has always followed the County’s adopted Alternative Veterans exemption levels, and this recommendation appears to be no different. Ms. Yogman added that this would not be reflected until the 2023 Budget. The next step is for a local law, which Mr. Maker was asked to draft. 1 November 3, 2021 Review – Barton & Loguidice Supplemental Agreement #1 – New Jefferson Street and N. Chatsworth Avenue Additionally present: Tom Baird on video, and Peter Christiano, of Barton & Loguidice The Town Board viewed a power point of the proposal for the intersection at New Jefferson Street and N. Chatsworth Avenue. Councilman King stated that he still is not in favor of the current proposal for this intersection, adding that this is a dangerous situation for pedestrians and the solutions thus far are not enough. The Town Board discussed options, one being a mechanical warning. Mr. Baird will revisit the intersection with a greater emphasis on pedestrian safety, including a possible light up warning devise. There was discussion that the bush at the end of New Jefferson might be a code violation for it obstruction, and this will be reviewed. The Town Engineer will check for a survey of the corner. Ms. Robson asked Mr. Baird for his timing on a revision and he is hopeful by the next meeting he can at minimum have some answers as to possibilities. Discussion – Website Redesign Lindsey Luft presented the Mood Board and Template for the front page of the website and asked for Town Board feedback. The Town Board was pleased with the mockup, but would like to see an alternative lighter blue than what was presented, specifically, a color closer to the blue on the exterior signage at Town Center. Discussion - Sustainability Collaborative – Climate Emergency Declaration The Town received a revised draft from the Sustainability Collaborative. The Town Board was pleased that many more ‘actions’ had been assigned to the Sustainability Collaborative, instead of to Town staff. The Town Board would like to see, overall, a shorter declaration. Supervisor Seligson will address these comments with Mitch Green for another revision. Discussion – Swimming Pool Recommendations The Town Board received a memo from the Planning Board including specific verbiage to amend the current law. Mr. Maker has reviewed the recommendations with the Building Inspector who is recommending that the Town review its law against the New York State code as a prudent way to proceed. Mr. Maker, Mr. Polcari and Rob Wasp will work on this. Councilwoman Fiddelman will inform the Planning Board of the new process. Review – Local Law Regarding Parking on Valley Road It appears that this amendment is ‘housekeeping’ in order to conform the law on Valley to the current signage. This was added to the Affairs of the Town for this evening. New Business Meredith Robson updated the Town Board on the Comprehensive Plan stating that she had spoken with Tiffany Zezula. Ms. Zezula will begin to generate a plan to move forward, with a start in January 2022. She 2 November 3, 2021 will begin now to work with the Steering Committee, so that in January the process can begin in earnest. Meredith Robson reemphasized the Town’s efforts to implement Tyler software. This is a multi-year project that will affect almost all Departments. It is the goal of the Comptroller that financials will be streamlined into the financial software that is being implemented in 2022. The first software that is being reviewed is Energov for the Building Department and the Clerk’s Office. There are many bells and whistles, including a dynamic resident interface with permits and licensing. There are some integration questions with Laserfiche, but we are hopeful that that will be resolved. EXECUTIVE SESSION On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Board unanimously agreed to enter into an Executive Session to discuss the employment history of a particular individual. On motion of Councilwoman Fiddelman, seconded by Councilman King, the Board unanimously agreed to resume the Regular Meeting. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:15 p.m. Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this evening. SUPERVISOR’S REPORT Firstly, congratulations to my colleagues, our local officials, who were elected or re-elected yesterday: Congratulations to Jaine Elkind Eney who was elected to the position of Supervisor in the Town of Mamaroneck, Congratulations to Sabrina Fiddelman who was reelected to the Town Council, Congratulations to Ron Meister who was reelected to the position of Town Justice, Congratulations to Robin Nichinsky who was elected to her first term to the position of member on the Town Council. In the Village of Larchmont: Congratulations to Brigit Brennan and Dana Post who were elected to the positions of trustee on the Village Board Congratulations to Thea Beaver who was reelected to the position of Village Justice In the Village of Mamaroneck: Congratulations to Tom Murphy who was reelected to the position of mayor, And to Nora Lucas who was reelected to the position of Trustee on the Village Board. 3 November 3, 2021 Congratulations to Catherine Parker who was reelected to the position of County Legislator, and To George Latimer who was reelected to the position of County Executive. The Town Board has been working with Town staff to review the Tentative Budget. The current revision of the tentative budget calls for a 6.84% increase in tax levy with a 1.57% increase in tax rate. That translates into a $438 increase for a homeowner with an average assessed house of $1.3 million. The increases in the budget reflect increased investments in IT, capital projects including road repair and bringing recreation programs back to pre-pandemic levels. I will remind residents that we increased the tax levy by 1.46% last year to respond to the uncertain and challenging Covid pandemic time. This budget has some catch up in it. Our next budget meeting is Monday, November 8 at 5:30 pm in the Town Center. Of course, it is open to the public. The kickoff of the Comprehensive Plan update will be in January 2022. Designing and scheduling public participation as well as background work will occur from January to March. Public engagement will begin in earnest in spring. November 11 is Veterans Day and there are several events to commemorate that day and thank our veterans for their service. Please go to KemperMemorialPark.org for a listing of the events. PUBLIC HEARING – “Amendment to the Central Air Conditioning Units“ Law The following Notice of Public Hearing is entered into the record as follows: PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, November 3, 2021 at 8:00 PM or as soon thereafter as is possible, to consider the “Amendment to the Central Air Conditioning Units law” Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Section 1 – Purpose: Technology surrounding temperature control systems has changed since section 240-59 of the Code of the Town of Mamaroneck was enacted. Today these systems can regulate the temperature in one room as opposed to entire zones within a structure. This improvement makes the current definition of a central air- conditioning unit as a system designed to regulate temperature in multiple rooms outdated. The Town Board determines that it is appropriate to update this section by changing the definition of the temperature control units to conform to current technology. In addition, section 240-59 C does not require a homeowner to obtain a building permit when replacing an existing central air-conditioning system even though the State Building Code requires there to be one. This local law amends section 240-59 to require a building permit for such work. 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: October 27, 2021 4 November 3, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson asked if any Town Board Members or the public wished to comment. There were no additional comments or questions. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following Local law was approved: Local Law No. 15 - 2021 This local law shall be known as the “Amendment to the Central Air Conditioning Units” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: Technology surrounding temperature control systems has changed since section 240-59 of the Code of the Town of Mamaroneck was enacted. Today these systems can regulate the temperature in one room as opposed to entire zones within a structure. This improvement makes the current definition of a central air- conditioning unit as a system designed to regulate temperature in multiple rooms outdated. The Town Board determines that it is appropriate to update this section by changing the definition of the temperature control units to conform to current technology. In addition, section 240-59 C does not require a homeowner to obtain a building permit when replacing an existing central air-conditioning system even though the State Building Code requires there to be one. This local law amends section 240-59 to require a building permit for such work. Section 2 – Amendment of the title of a current section of the Mamaroneck Code: The title of section 240-59 of the Code of the Town of Mamaroneck is amended to read “Air-Conditioning Systems”. Section 3 – Amendment of a current section of the Mamaroneck Code: Section 240-59 of the Code of Mamaroneck is repealed and the following is substituted in its place: A. For the purposes of this section and for no other purpose, the following terms are defined as follows: AREA The square footage of the horizontal plane on which an air-conditioning system or its pad is situated. CENTRAL AIR-CONDITIONING SYSTEM A system that consists of one or more heat exchanges, blowers, filters, supply, exhaust and return- air systems and any apparatus installed in connection therewith. 5 November 3, 2021 EXISTING CENTRAL AIR-CONDITIONING SYSTEM Any air-conditioning system that existed on September 1, 2001. PAD Any artificial surface on which an air-conditioning system is situated. REPLACEMENT SYSTEM Any central air-conditioning system that replaces either: (1) An existing air-conditioning system, or (2) A central air-conditioning system that was situated at the same location as an existing central air- conditioning system B. An existing central air-conditioning system shall not be required to meet the current zoning requirements unless such system is moved from where it was located on September 1, 2001. C.Installation of new central air-conditioning systems, replacement systems and any existing central air-conditioning system that is moved from the place where it was located on September 1, 2001 shall require a building permit and a letter of completion from the Building Inspector or the Director of Code Enforcement and Land Use. Section 4 – Repeal of a current section of the Mamaroneck Code: Sections 240-59 D. of the Code of the Town of Mamaroneck hereby is repealed and nothing is substituted in its place. Section 5 – 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 6 – 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 FiddelmanAye Elkind EneyAye KatzAye Seligson Aye 6 November 3, 2021 PUBLIC HEARING – “Override the Tax Cap Limit Established in General Municipal Law 3-c” Law The following Notice of Public Hearing is entered into the record as follows: PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, November 3, 2021 at 8:00 PM or as soon thereafter as is possible, to consider the “Override the tax levy limit established in General Municipal Law 3-c” Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Section 1. Legislative Intent It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for the fiscal year commencing January 1, 2022 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c. 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: October 27, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Public Hearing was unanimously opened. Supervisor Seligson asked if any Town Board Members or the public wished to comment. There were no additional comments or questions. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Public Hearing was unanimously closed. On motion of Councilman King, seconded by Councilwoman Fiddelman, the following Local law was approved: Local Law No. 16 – 2021 A local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c Section 1. Legislative Intent It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for the fiscal year commencing January 1, 2022 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c. 7 November 3, 2021 Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3. Tax Levy Limit Override The Town Board of the Town of Mamaroneck, County of Westchester, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2022 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State. The above resolution was put to a roll call vote: King Aye FiddelmanAye Elkind EneyAye KatzAye Seligson Aye CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience wished to address the Town Board. George Roniger of the Larchmont Gardens Civic Association (LGCA) addressed the Town Board. Mr. Roniger congratulated the newly elected officials, then thanked Supervisor Seligson for her many years of service, adding what a great support she has been to the LGCA. Mr. Roniger asked for an update on the ‘arches’, then noted how appreciative the LGCA is of the newly installed sidewalk on East Hickory Grove Drive. The Repair Café was a huge success, and there is thought of having this as an annual event; it really was a community building event. Meredith Robson stated that the Town Engineer is actively working on the arches. Councilman King enthusiastically thanked Mr. Roniger for being the motivating force behind the Repair Café, thanking him for all his hard work. The Town very much supports this as an annual event. BOARD OF FIRE COMMISSIONERS 8 November 3, 2021 Commissioner Seligson called the Meeting to order, then on motion of Commission Elkind Eney, seconded by Councilwoman Fiddelman, 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 Commission 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: ATTACHMENT A The above resolution was put to a roll call vote: Commissioner KingAye Commissioner FiddelmanAye Commissioner Elkind Eney Aye Commissioner KatzAye Commissioner SeligsonAye 2.Other Fire Department Business Commission Elkind Eney thanked the Department for stepping up after the cancellation of the Halloween Drive by on Saturday, and by holding a mini walkup event on Sunday; they saw the need and stepped in. There being no further business to come before the Commission, on motion of Commissioner Fiddelman, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN ADDED ITEM 1.Set Public Hearing – Parking on Valley Road On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously 9 November 3, 2021 RESOLVED, that the Mamaroneck Town Board does hereby set a public hearing on the “Parking Prohibited on Valley Road at Certain Times” Law, for Wednesday, November 17, 2021 at 8:00, or as soon thereafter, at 740 W. Boston Post Road, Mamaroneck, 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. After additional discussion it was questioned as to why this law was adopted originally, as it does not conform with any of the policies for parking restriction. The Town Board felt it should do more homework on the origins of the law, and therefore determined to rescind the resolution setting a public hearing. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby rescind the resolution setting a public hearing on the “Parking Prohibited on Valley Road at Certain Times” Law, for Wednesday, November 17, 2021. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 10