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HomeMy WebLinkAbout2021_12_01 Town Board MinutesDecember 1, 2021 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD WEDNESDAY, DECEMBER 1, 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 Lindsey Luft Assistant to the Town Administrator 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 Councilwoman Fiddelman, the Work Session was unanimously opened at 5:00 p.m. Review — Hazard Mitigation Plan Westchester County is requiring that an updated Hazard Mitigation Plan adopted by the Town Board and filed with the County by the end of 2021. The Town Board reviewed a draft prepared by Mike Liverzani. The Town Board had a number of comments and additions and asked that they be incorporated and a new draft be reviewed on December 15. Mr. Liverzani I will be attending the meeting on December 15. Supervisor Seligson stated that there are interested parties, especially the Sustainability Collaborative, who are interested in working on the plan. Review — Barton and Loguidice Traffic Study — New Jefferson at North Chatsworth Avenue and other Potential Traffic Improvements Additionally Present; Rob Wasp Town Engineer via Zoom An additional document was distributed to the Town Board, more specific to the changes they had discussed at the previous meeting, which included illuminated warning devises activated by standing ballards. The Town Board was pleased with the concept, but discussed possible reductions in the cost by replacing the no touch ballards with push button mechanisms. Councilman King also questioned some of the ballard placements. Barton and Loguidice will place the mechanisms back away from the intersections. It was noted that a number of presidents' of the Washington Square Area associations sent comments to Barton and Loguidice, and Tom Baird confirmed receipt. Rob Wasp confirmed that the bush at the corner of New Jefferson and North Chatsworth is on the Town right-of-way and should be removed to create better visibility. Barton and Loguidice will prepare a new draft based on this evening's discussion, and a cost December 1, 2021 analysis. The Town Board briefly reviewed the additional intersection at Myrtle Blvd and North Chatsworth, and the conversion of the left turn as an only left turn lane. Review — Town Clerk Position The Town Board received a memo from the Town Administrator with three processes for filling the position of Town Clerk due to the upcoming retirement of the current Town Clerk. The first scenario is for an appointed replacement until the general election in November of 2022. The second is without a replacement until the general election in November of 2022, whereby the first Deputy Town Clerk would perform the duties of the Town Clerk until the election. The third scenario is for the elected position to be converted to an appointed position. This third option would be done through a mandatory referendum, either by special election, or by the general election in November of 2022. The Town Board will continue this discussion at the December 15 meeting. It was noted that an appointment would be for a two year term, an appointed Town Clerk would report to the Town Administrator, and the Town Clerk if appointed would (still) appoint the Deputy Town Clerks. The Town would need to consult with the Board of Elections on the verbiage for a proposition that would appear on a ballot. Review — LMC Proposal for Services The Town Board reviewed the 2021 LMC Media Community Coverage Proposal dated November 24, 2020. The Town Board discussed how the coverage was calculated and distributed among the municipalities. Matt Sullivan Director of LMC Media is looking for response to their proposal for service. The Town Board will continue this conversation at a future meeting. Mask Mandate A more in depth conversation was deferred, but it was noted that any upcoming discussions should include vaccines and testing. It was noted that of the 137 employees who were asked to state their vaccination status, 57 employees did not respond. 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 particular persons. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, 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 8:30 p.m. 2 December 1, 2021 Supervisor Seligson noted that the Town Board met for a worksession beginning at five o'clock this evening. SUPERVISOR'S REPORT Tonight's meeting is all about the proposed 2022 budget. Town Administrator Meredith Robson will present the Preliminary budget tonight. 1 participated in the County's Storm Water Advisory Committee meeting on November 18. This committee focuses on and reviews projects that mitigate flooding in Sound Shore communities and Long Island Sound watershed communities. The County set aside significant funding many years ago with about $20 million still available. With changes in the Covid variants and ensuing situations, please take care to protect yourself and others from the Coronavirus as best you can. Get vaccinated and get a booster shot if already vaccinated. WJWW has been working on a water filtration project that will filter the water from the Rye Lake water source. The plant is essential to improve the quality of the drinking water for approximately 120,000 residents of Westchester County and to comply with a New York State Court Order and a USEPA Administrative Order, so it is critically important. The new water filtration plant is proposed to be built on property owned by Westchester County and within the current boundaries of Westchester County Airport, near our Rye Lake water supply source in the Town/Village of Harrison. The Draft Environmental Impact Statement is expected to be available by the end of the year. It's a complicated and expensive, but necessary project. WJWW has provided a microsite at www.wjwwfiltration.org that provides the most up to date information. BOARD OF FIRE COMMISSIONERS Commissioner Seligson called the Meeting to order, then on motion of Councilwoman Katz, seconded by Councilman 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 PUBLIC HEARING — Town's 2022 Preliminary Budget and the Mamaroneck Fire District 2022 Preliminary Budget The following Notice of Public Hearing is entered into the record as follows: PUBLIC HEARING PRELIMINARY 2022 TOWN BUDGET and PRELIMINARY TOWN OF MAMARONECK FIRE DISTRICT #1 BUDGET NOTICE IS HEREBY GIVEN, that pursuant to Section 130 of the Town Law of the State of New York, the Town Board and the Board of Fire Commissioners will hold a public hearing Wednesday, December 1, 2021 at 8:00 PM, to consider the Town's Preliminary Budget and 3 December 1, 2021 the Mamaroneck Fire District Preliminary Budget for the calendar year commencing January 1, 2022 and ending December 31, 2022. The 2022 Preliminary Budgets may be viewed on the Town's website www.townofmamaroneckny.org beginning November 22, 2021. 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://Imcmedia.org/. PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town Board are as follows: Supervisor, $40,607 Town Council (4) $6,497 each and the proposed salary for the Town Clerk is $105,668 and the Town Justices (2) $22,740 each. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK To be published: November 24, 2021 On motion of Councilwoman/Commissioner Elkind Eney, seconded by Councilwoman/Commissioner Katz, the public hearing for the Town's 2022 Preliminary Budget and the Mamaroneck Fire District 2022 Preliminary Budget was unanimously opened. The Transmittal letter for the Preliminary Budget Submission is entered into the record as follows: November 17, 2021 Honorable Supervisor Nancy Seligson Honorable Members of the Town Board Honorable Christina Battalia- Town Clerk Re: Town of Mamaroneck 2022 Preliminary Budget On October 21, 2021, we presented the 2022 Tentative Budget to the Town Board and the community. The Tentative Budget is prepared by the staff and proposes the necessary resources to maintain excellent municipal services. Since the submission of the Tentative Budget, the Town Board has had the opportunity to review the document and meet with staff to review the budget submission. Having now completed that task, the Preliminary Budget has been prepared for review. The 2022 Preliminary Budget will be the subject of a public hearing on Wednesday, December 1, 2021. Members of the community are welcome to comment on the budget at that time. We should note that this is the second budget that has been prepared during the recovery of one of the most challenging times for the Town, the State and the entire country. The world has indeed changed as a result of the COVID pandemic. Despite the fact that a vaccine has greatly reduced the spread of the virus, both economic and social recovery is still in progress. Town program participation is increasing but there are many programs and facilities that have not been well attended just yet. We anticipate that as we move forward residents will be more comfortable participating in group programs and our services will return to pre -pandemic levels. As a result of that outlook, we have used our experience and that of the Town's executive staff to develop realistic estimates based on a conservative approach to revenue streams and expenses. Where we have an advantage is the financial strength of the Town government and its ability to successfully take on the challenges of the coming year. Our practice, even in the absence of a 4 December 1, 2021 pandemic, has been to take a conservative approach to projecting revenues and expenses. Our reliance on financial projections for both expenditures and revenues helps to avoid large fluctuations in Town budgets and plan future years' budgets that will assist in making decisions for the current year. The Town's fund balance management policy protects fund balances and avoids the overly aggressive use of funds that can be problematic for future budgets. The Town Budget reflects a thoughtful and conservative approach to the financial management of Town government. With this approach, the Town can fulfill its mission of providing effective services to the community at an excellent value. Our strong fund balance position allowed us to weather the COVID-19 pandemic, Storm Isaias in 2020 and Tropical Storm Ida in 2021. Our fund balances provide security for those types of unexpected events and projects. Without the availability of those funds, the Town would have had to incur temporary debt while waiting for federal relief which can often take up to two years to receive. It is true that out of adversity comes opportunity. The Town rose to the occasion to continue to protect and serve its residents and employees. We have implemented safety protocols to prevent the spread of COVID, conducted public videoconferencing to keep the public informed, conducted tax collections and other operations remotely by providing free on-line options to residents, delivered meals to those in need, removed massive amounts of debris, and participated in the rescue efforts of our residents in the latest storm. These efforts have strained our resources and require that we invest in technology, infrastructure, equipment and vehicles that will prioritize the safety of our residents. By making this investment, the Town is best poised to serve its residents at all times. Although economic conditions in our region have been uncertain in 2021, the Town's Aaa credit rating was reaffirmed by Moody's in 2021. The rating allowed the Town to issue debt of $6.9 million for capital projects at the very low rate of 1.2%. Maintaining the Town's credit rating remains a strategic goal that the Town is committed to as we move forward with critical capital projects at a lower cost. 2022 Adopted Budget Overview The balanced budget as proposed totals $52.8 million, an increase of $10.9 million from 2021. The majority of this increase is due to the incorporation of the Housing Choice Program of $7.1 million. The program provides funding for those in need of housing assistance and is fully funded with federal aid so it does not have a net effect on the Town budget. Total revenue to meet such expenditures is made up of $29.1m in tax revenue, $22m in non -property tax revenue and $1.8m in fund balance support. The tax levy increase, itself, is $1.6m. Expenses increased by $10.9m, or 25.96% as a result of incorporating the Housing Choice Program, bargaining unit increases, anticipated health insurance increases, recreation program restoration, investment in capital projects and technology and general price increases. This budget is unusual in that there are many factors that contributed to the budget increase. Many of the capital projects and technology investments that have been previously deferred due to the uncertainties caused by the pandemic are now restored to provide efficient services for the public, health insurance rates have risen significantly, recreation programs have been restored and the anticipated impact of inflation has been included. We have focused on the following benefits in preparing this budget: Full restoration of the Town's recreation programs to pre -pandemic levels 5 December 1, 2021 Investment in technology that will streamline on-line services for residents and ensure greater operational efficiencies. Robust investment in vehicles, including public safety vehicles, technology in those vehicles, water infrastructure, parking deck and other infrastructure projects to meet the needs of the community. Investment in police reform initiatives. Provision for the anticipated but unknown extent of inflation impacts os products seem to be scarcer and more difficult to purchase. Realistic estimation of revenues and expenses. 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 (55%) to the Town. In 2022, the estimated tax levy will be $29.1m, an increase of 5.92% over 2021. 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 revenue directly reflect the performance of regional and national economic performance. The volatility in these revenues is therefore cause for estimating revenue projections conservatively and maintaining a strong fund balance. As stated earlier, the 2022 budget reflects a major revenue increase of $7.1m that is a result of including the Town's Housing Choice Program in the budget. This is a one-time variance in both the revenue and expenses without a net effect on the Town's budget because the Federal government fully funds this program. Other non -property tax revenues to support the budget total $14.9 million which is an increase of $2.2 million, or 18.0% from last year. Revenue increases were made in a number of areas including mortgage tax, sales tax, the second half of the American Rescue Plan Funds that will be transferred to the Capital Fund for 2022 projects, building permits and recreation programs. The total combined increase of mortgage, sales and building permit revenue of $1,264,000 has assisted in keeping the tax rate increase as low as possible. To maintain stability in year-to-year changes in property taxes and tax levies, the Town had previously initiated the use of fees as an alternative to property taxes. Where fees are applied, the cost of services is borne either in whole or in part by those using the service, which places the cost of that service on the user and not the taxpayer. The Town has used this technique successfully for recreation, ambulance, 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. Expenditures The Town's total expenditures for 2022 are projected to be $52.8 million, an increase of $10.9 million or 25.96% from 2021. The increase in expenditures is primarily a result of including the Town's Housing Choice Program ($7.1m) in the budget, bargaining unit increases for personnel services ($587k), restoration of recreation programs to pre-COVID levels and other various personnel changes ($458k), employee benefits which primarily include medical insurance ($445k), increases in technology expenses ($129k) and appropriations for cash transfers for capital projects ($201k); transfer of American Rescue Plan Funds to Capital ($617k); general price increases and other one- time expenses ($878k) and debt service ($466k). These figures do not cover the most recent cost increases the Town just received information on related to additional health benefit rate increases and NYPA (electric) rate increases. These recent additional increases will be covered, as needed, through use of additional fund balance appropriations during the year. 6 December 1, 2021 Municipal services continue to be very labor intensive. Salaries and wages, exclusive of associated fringe benefits comprise almost 52% 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. 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, does not adequately account for long-term capital infrastructure needs and, in fact, may hamper the appropriate maintenance of such community assets. 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 for more than ten years. Since 2011, the Town has complied with the tax cap guideline in six of the last ten budgets. The tax levy in the 2022 Preliminary Town Budget is above the State tax levy cap. Based upon the mandated formula, the 2022 Town tax levy cap limit is 2.25% which would provide for a maximum increase on the 2021 tax levy of $616,869. The proposed tax levy is $29,065,226. This is an increase of $1,625,613, or 5.92%. The large increase is a result of the commitment to capital needs, technology improvements, the cost increases identified in the Expenditure section in this memo and the impact of the transition to a structurally balanced budget. As discussed above, our resources will continue to be strained as we recover from Tropical Storm Ida. Our goal each year is to present a budget that finances municipal services at the greatest value possible to the community. We recognize that this increase exceeds the tax cap but it is important to understand that this reflects the investments in services and capital projects discussed in this memo, as a well as a change in strategy. 2022 Property Taxes The apportionment of the tax levy is a function of total property assessments for each of the Town's seven budget funds that are levied. Property taxes for 2022 are based upon property assessments that were finalized in September of 2021 by the Town Assessor in accordance with Real Property New York State law. In compliance with State guidelines and adhering to the Town's plan for cyclical reassessment, a Town -wide revaluation was completed in 2021. Completing a revaluation in accordance with State guidelines will ensure that home values will be valued at 100% of their market value. Total assessments applied to the Town -wide fund increased by about $410 million, or 4.2%. Assessment increases for other budget funds ranged from approximately $152-155 million. Each budget fund, by law, must have its own property assessments and tax rates. The exception to the revaluation requirement 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 an 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 Town is $1.308 million. This is an increase of $57,000 or 4.56%. 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 additional services including police, fire, sanitation collection and road maintenance. 7 December 1, 2021 The tax rate increase proposed for 2022 is 1.13%. A property owner in the unincorporated area with an average assessment will incur a property tax obligation of $7,471 for all services. This is an annual increase of $406, or 5.74% over 2021. For property owners in the Villages with an average assessment of $1.308 million, their property tax obligation to the town will be $830, an annual increase of $108 for the year, or 14.9%. Individual property tax bills will vary depending upon the particular assessment when compared with this average. Capital Projects The 2022 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 meant to forecast future needs, it requires annual updates to reflect the status of projects, new capital priorities, revised estimates and coordination of funding sources. The capital plan proposed for 2022 totals $8.2 million. It is important to note that the impact of Covid has delayed implementation of the capital plan for the last two years. Through the strategic use of fund balance, a total of $562,100 was applied to the 2022 Capital Plan allowing the Town to fund those projects on a pay-as-you-go basis. In addition, the capital plan includes $1.1 million of grant funding, $.6 million of American Rescue Plan funds and $6.0 million of serial bond financing used for the Capital Plan. A section of the budget document is dedicated to a detailed presentation of the 2022 Capital Plan and also includes a projected capital plan for an additional four years. The challenge of maintaining our infrastructure will require 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 ensure clean water, safe roads, safe equipment 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 and we are trying to "catch up" on deferred projects and provide for appropriate progress on capital needs in this budget. Some of the major projects included in the 2022 Capital Plan include the following: ➢ Town -wide street resurfacing program ➢ Technology investments ➢ 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 RnlnnrP The 2022 budget provides for an application of reserves of $1.8 million which is a decrease of about $463,000 over last year. The Town has increased the allocation for one-time expenses and capital projects by $200,000 and decreased funding for recurring expenses by $663,000. As a result, 31% of the fund balance appropriation is for one-time use which is consistent in the past few years. The balance of 69% is appropriated for operational expenses. Over the past few years, the majority of the fund balance was appropriated for operating expenses. The fund balance has been healthy and stable enough to support these appropriations. 0 December 1, 2021 The optimal use of fund balance, however, is for one-time expenses and is best not relied upon to fund operating budgets on an annual basis. The Town has been effective in utilizing fund balances to fund both operating costs and capital projects in the past, however, the plan for future years is to shift the reliance on fund balance to support operations to support one-time and capital expenses instead. By doing so, the Town will have a structurally balanced budget and at the same time utilize fund balances to reduce future debt costs. This will also prevent reliance on significant fund balance support that can fluctuate depending on future demands on Town resources. This budget provides for this shift in the use of fund balance. This transition will likely take a number of years to complete and may require tax increases for the next several years as we reduce the reliance on fund balance to cover annual operating expenses. In addition to providing a structurally sound budget, this approach will allow for even greater flexibility during difficult years. Though not a complete change, more emphasis has been placed on appropriations for capital needs. The intent of this action is to keep pace with infrastructure and equipment needs and to further balance the burden of the capital projects and equipment expenditures for current and future taxpayers. This budget also avoids one of the strategies that most municipalities use which is to artificially minimize tax increases by deferring capital purchases and improvements. The Town is committed to protecting the community to the greatest extent possible and is, therefore, well aware of the financial dangers such action may impose. Such things as severe weather and unanticipated events require that we have optimal resources for our community. Conclusion Considering the unique circumstances in which this budget is prepared, we believe the 2022 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 paid off and allowed the Town government to endure a major national emergency and two local weather events while maintaining critical services at an excellent 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 2022 capital improvement program is dedicated to the upkeep of our facilities, technology and infrastructure investments in order to best provide for the community's future. 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 2021 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 2022 Town Budget. Their resourcefulness and professionalism were invaluable in preparing a budget that maintains the quality of life in the community, plans for the future and endeavors to improve services for our residents. They continue to rise to the occasion during critical events. Thanks also to the Supervisor and Town Board for their guidance in identifying the priorities to be met in the budget. Meredith S. Robson Tracy Yogman CPA Town Administrator/Budget Officer Comptroller/Director of Finance 9 December 1, 2021 Meredith Robson Town Administrator and Budget Officer and Tracy Yogman Town Comptroller presented a PowerPoint of the 2022 Preliminary Budgets. Supervisor Seligson asked if any Town Board Members or the public wished to comment. Michael Gottfried of 16 Ocean Avenue, Larchmont addressed the Town Board. Supervisor Seligson thanked Mr. Gottfried, adding that the Town Budget Officer and Comptroller will need some time to review the comments presented, as they are quite extensive. Supervisor Seligson stated that it is customary for the Town to hold over the Public Hearing on the Budget so residents have a chance to review it and comment before its adoption on December 15. On motion of Councilwoman/Commissioner Elkind Eney, seconded by Councilwoman/Commissioner Fiddelman, the Public Hearing was unanimously adjourned until December 15, 2021. PUBLIC HEARING — Proposed Sewer Rent Rate for 2022 The following Notice of Public Hearing is entered into the record as follows: LEGAL 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 December 1, 2021 at 8:00 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 2022, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. 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://Imcmedia.org/. 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 24, 2021 On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the public hearing was unanimously opened. Tracy Yogman Town Comptroller gave a PowerPoint presentation. Supervisor Seligson asked if any Town Board Members or the public wished to comment, and there was none. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Public Hearing was unanimously closed. 10 December 1, 2021 2022 Sewer Rent Rate On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby set the Sewer Rent Rate for the year 2022 at $.0018/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 — "Fines for Violation of Chapter 187 of the Code of the Town of Mamaroneck" Law The following Notice of Public Hearing is entered into the record as follows: LEGAL 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, December 1, 2021 at 8:00 PM or as soon thereafter as is possible, to consider the "Fines for Violation of Chapter 187 of the Code of the Town of Mamaroneck" Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: Periodically, the Town Board reviews the fines and other penalties imposed for violations of the Town Code. The Town Prosecutor reports that during the winter of 2020-2021 there were numerous instances where an owner or a lessee failed to remove or treat snow and ice from the street or public place that abutted the owner's property or the property leased by the lessee. Although the current statute (section 187-15) allows for a fine of up to $500 for an offense, it does not provide for a minimum fine. The Town Prosecutor believes that to obtain better compliance with the law, minimum fines should be assessed and the fines (both minimum and maximum) should increase with each offense committed within a twelve-month period. The Town Board agrees with the Town Prosecutor's proposed solution for reducing noncompliance. In addition, the current statute imposing penalties for violating chapter 187 of the Town Code includes incarceration which, in the Town Board's view, is not a proper penalty. 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://Imcmedia.org/. 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. 11 December 1, 2021 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: November 24, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilman King, the public hearing was unanimously opened. Mr. Maker introduced the local law. 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 adopted; Local Law No. 17 - 2021 This local law shall be known as the "Fines for violation of Chapter 187 of the Code of the Town of Mamaroneck" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1— Purpose: Periodically, the Town Board reviews the fines and other penalties imposed for violations of the Town Code. The Town Prosecutor reports that during the winter of 2020-2021 there were numerous instances where an owner or a lessee failed to remove or treat snow and ice from the street or public place that abutted the owner's property or the property leased by the lessee. Although the current statute (section 187-15) allows for a fine of up to $500 for an offense, it does not provide for a minimum fine. The Town Prosecutor believes that to obtain better compliance with the law, minimum fines should be assessed and the fines (both minimum and maximum) should increase with each offense committed within a twelve- month period. The Town Board agrees with the Town Prosecutor's proposed solution for reducing noncompliance. In addition, the current statute imposing penalties for violating chapter 187 of the Town Code includes incarceration which, in the Town Board's view, is not a proper penalty. Section 2 — Amendment of a current section of the Mamaroneck Code: Section 187-15 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §187-15. Penalties for offenses. A. Any person who violates any section of this chapter, other than section 187-13, shall be guilty of an offense and upon conviction shall be punished with a fine of not less than $100 and not more than $500. B. Any person violating section 187-13 shall be guilty of an offense and upon conviction shall be punished as follows: 12 December 1, 2021 (i) for the first offense between July 1 of any year and June 30 of the immediately following year, with a fine of not less than $50 and not more than $250, (ii) for a second offense between July 1 of any year and June 30 of the immediately following year, with a fine of not less than $75 and not more than $500, and (iii) for additional offenses between July 1 of any year and June 30 of the immediately following year, with a fine of not less than $100 and not more than $750. In addition to the fines set forth above, any person violating section 187-13 shall be subject to a civil penalty of not less than $10 and not more than $25 for each offense. C. Every day or part thereof that a violation of any section of this chapter shall continue shall be deemed to be a separate and distinct violation of such section or sections and shall constitute a separate offense. Section 3 — Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 — Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye The Fire Commission continued and moved to other business of the Fire District. 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 13 December 1, 2021 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 thanked the Fire Department for their preparation and delivery of 130 Thanksgiving meals, adding what a pleasure it was to be there to help and watch it all happen. There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner King, the Commission unanimously adjourned and the Town Board reconvened. CITIZEN'S COMMENTS Supervisor Seligson asked if anyone in the audience wished to address the Town Board, and there was not. AFFAIRS OF THE TOWN Approval — Retainer Agreement for Personnel Matter 2021-1 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement to retain Morrison Law Firm, P.C., of White Plains, with respect to the investigation of a potential disciplinary matter. 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 Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously 14 December 1, 2021 RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of October 20, November 3 and November 17, of 2021. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT Supervisor Seligson closed the meeting in memory of Stephen Chapin. Steve was a member of the Town Board as well as member of the Housing Authority, and husband of Debbie Chapin a former Village of Mamaroneck. Steve was a wonderful man, and our condolences go out to his family and friends. On motion of Councilwoman Katz, seconded by Councilman King, the meeting was unanimously adjourned. Submitted by Christina Battalia, Town Clerk 15 December 1, 2021 ATTACHMENT A Town of Mamaroneck From: Tracy Yogman - Town Comptroller 7f.{ Re: Fire Claims Date: December 1, 2021 The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount (4) R17 Firefighters Escape Recertification Gallin, Murray, Bigam, AAA Emergency Supply Co. Heffner); New Member training (Padgett) $ 635.00 Shelf with hooks for career staff quarters, office chair in radio room, Amazori stove parts 333.49 Chatsworth Cleaners Uniform cleaning 147.69 Con Edison Fire HQ gas svc 9/28/21-10/2B/21 302.79 Fire -End & Croker Corp. Ex Chief badges & hats 182.95 Fire -End & Croker Corp. Turn out gear bag, leather helmet shield 82.95 Grainger (3) 4 Water Key, (10) Ground protection mats in Engine 36 Bay 1,037.80 Headboard, footboard, end frame, bunkable bed frame, desk for career Norix Group Inc staff quarters and staff day room 1,709.50 Sound Shore Pest Control Exterminating services on 6/22, 7/30, 9/23, 10/26/21 260.00 Verizon TMFD 300M Fios redundant circuit 10/25/21 294.34 Winged Foot Golf Club 2021 Inspection Dinner - October 15, 2021 6,000.00 Total $ 10,986.51 Page 103 of 110 16