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HomeMy WebLinkAbout2014_05_07 Town Board Minutes May 7, 2014 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON MAY 7, 2014, BEGINNING AT 5:00PM IN CONFERENCE ROOM A 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 Councilman Ernest C. Odierna Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilman Thomas A. Murphy ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Work Session was unanimously opened at 5:00PM. ADDED ITEM League of Woman Voters - Community Tag Sale Supervisor Seligson noted that Elizabeth Radow will be coming to the meeting to report on the event, adding that this will be an opportunity to thank her. Supervisor Seligson would like to add this event to an upcoming agenda in order to discuss whether the Town should make this a Town sponsored event in the future. Supervisor Seligson reminded the Board that Marc Karell from the Sustainability Collaborative will be presenting the Town’s Greenhouse Gas Emission Inventory this evening. Human Rights Committee Supervisor Seligson reported on her meeting with the Human Rights Committee. She explained to the Committee that the Town no longer has the resources to sustain the Committee moving forward. The Committee is free to self-appoint its members and they will call themselves the Tri-Municipal Human Rights Committee. The Town will continue to administer the $3,000 held in the Martin Luther King Trust Fund for the Martin Luther King, Jr. Event each year. Supervisor Seligson noted that the meeting went very well. Boards & Commissions Supervisor Seligson updated the Board with the current status of the Board of Assessment Review. Although, there are only three active member, Eve Neuman, Dan Link, and Nancy Wasserman, the Board is still okay to function with a quorum this year. Councilwoman Elkind Eney would like to discuss sometime in the near future, bringing the Board of Assessment Review back to a three member board. 1 May 7, 2014 Review of Resident Parking Permit Law-Washington Square The Town Board reviewed the red lined draft legislation, with the most significant change being the residential parking limited to 9:00AM-5:00PM. Supervisor Seligson noted correspondence from Dolores Battalia asking the Board to address the handicapped parking spaces, specifically, that residents’ not be allowed to park in these spaces and then go away for extended periods of time. Dolores Battalia also thinks that residents’ with one parking ticket, and not three, should not be allowed to purchase a resident permit. The Board discussed the limited restriction of resident parking from 9:00AM – 5:00PM and whether this should be increased or decreased. Overall the limitation would still stop the commuter parkers, while addressing the concerns for residents’ evening guests. The Board discussed the residents’ concerns regarding parking for caregivers and nannies. With respect to this issue, the Board will leave the legislation th as drafted and wait to hear from the public on June 4 with their ideas and concerns. The Town Board will th set a public hearing this evening for June 4. This item was added to the regular agenda. ADDED ITEM Parking on New Jefferson The Town has been approached by Ralph Engel to readdress reconfiguring parking along New Jefferson Street. Mr. Engel’s proposal would generate 26 additional Parking Spaces. David Goessl, the Town’s Engineer, was asked to do a cost estimate for Mr. Engel’s concept as well as revisit the Town’s original concept from 2006 to reconfigure the Street. The Town Board received concept drawings and cost estimates. As proposed Mr. Engel’s concept would cost an estimated $140,000, and would provide 26 additional spaces. The original concept of the Town from 2006 would provide 13 additional space’s and cost an estimated $62,000. Supervisor Seligson asked Mr. Altieri to remind the Board of what the cost of enforcement in the Washington Square area would be with a designated Enforcement Officer. Mr. Altieri said the estimate was $15,000 per year. Supervisor Seligson asked the Board for their reactions to these proposals, at which a conversation ensued about the Town’s role in creating parking and at what cost. The Board does not want to pursue spending this amount of funds at this time. Update on Activities of Larchmont Mamaroneck Joint Garbage Commission rd The Town Board reviewed a memo from Mr. Altieri dated May 3 with an overview of the Larchmont Mamaroneck Joint Garbage Disposal Commission, as well as the Commission’s 2014 Budget and 2013 Financial Report. Mr. Altieri advised the Town Board that the Commission is revisiting the pay-as-you-go concept, and a joint meeting is scheduled with the Town and the Village of Larchmont, as this would affect both municipalities. Supervisor Seligson noted that this concept directly relates to the discussion next of the Property Tax Freeze. The Board reviewed the concept of pay-as-you-go, as well as reducing garbage pick up to one day a week. Mr. Altieri stated that the Commission is still addressing the maintenance of the Village of Larchmont trucks, and the fact that this causes additional work load for the Town trucks as they are used when the Village of Larchmont trucks are out of service. One resolution is for the Commission to buy out all the trucks, whereby they would be maintained by the Commission and shared equally by both municipalities. This is an ongoing issue that needs to be resolved, and continues to be discussed between the Town and Village. Councilwoman Katz stated that something does not seem right with the way CHIPS monies are being allocated among the communities, adding it is supposed to be based on lane miles and car registrations, but clearly smaller municipalities are receiving larger funds. Councilwoman Katz asked whether this needs to be addressed with our legislators. Mr. Altieri will readdress this with the Department of Transportation. Review of New York State Budget-Property Tax Freeze/Rebate Program The Town Board reviewed an excellent summary prepared by the New York Conference of Mayors regarding this legislation. Mr. Altieri stated that the State still has many unanswered questions and unresolved issues to address. Specifically, with respect to the “Government Efficiency Plan” the State has 2 May 7, 2014 not developed regulations on how to evaluate the plans submitted, nor have they resolved whether there is a savings of 1% over three years or savings of 1% a year for three years. With regards to the rebate checks, for Town residents it would amount to about $100.00. There is also an issue in how the STAR exemption should be applied now that the revaluation has been conducted. John Wolham from the Office of Real Property Tax Services will be coming to the Town to help the Town address this. ADDED ITEMS Supervisor Seligson stated that she thinks it would be helpful for the Board to have a primer on the Town’s sewage systems, noting that this could be the biggest capital issue the Town will face in the near future. Supervisor Seligson would like everyone to have a basic understanding of the sewer system and the Town’s roll in it. Councilman Odierna noted that a financial meeting was held to discuss the financing of the proposal to renovate the Mamaroneck Avenue Fire House as headquarters for LMC-TV. It was not an official meeting of the Board of Control and he was not in attendance. Councilman Odierna said he has reiterated and reminded LMC-TV that the town board will not address this proposal until they have a financial proposal before them. Additionally, Supervisor Seligson stated that she and Mr. Altieri met with Eric Lewis and rd Lenny Verastro of LMC-TV to revisit the proposal for LMC-TV to move its operations to the 3 floor of the Town Center. Review of Amended Job Description-Assistant Town Administrator The Town Board reviewed a memo from Mr. Altieri dated May 2, 2014. Mr. Altieri explained that at the time of the creation of the title of Assistant to the Town Administrator in 1986, the Town could not convince the County of the importance of this position and that it should not be in the Competitive Class, but rather the Exempt Class. Over the years this has not been an issue, but with the new and more global responsibilities of the Town Administrator, as well as the additional government experience of the current Assistant to the Administrator, it is the recommendation of the County that the Town adopt the title used by North Castle of Assistant Town Administrator. On motion of Councilman Odierna, seconded by Councilman Murphy, the Town Board unanimously agreed to enter into Executive Session to discuss the employment history of a particular person within the Town Administrator’s Department. EXECUTIVE SESSION Employment History of a Particular Person within the Town Administrator’s Department. On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Board unanimously agreed to resume the Regular Meeting. Update-Tax Assessment Review The Town Board reviewed a memo from Councilwoman Elkind Eney giving background and context for the issue of the tax assessment on the Habitat for Humanity house. In the early 90s, the Town of Mamaroneck acquired the property from Westchester County, at no cost, with the agreement that the Town would convey the property to Habitat for Humanity for affordable housing for a Town Resident or Employee. The Town acquired the property and, before conveying it to Habitat for Humanity, recorded restrictions against the property. The stated intent of the restrictions was to create a residence that would always remain affordable. The bulk of the restriction had to do with setting the resale price of the house. Upon resale, the resident first had to offer it to Habitat for Humanity. If Habitat for Humanity did not want to purchase the property, it could assign its right to purchase the property to the Town of Mamaroneck or any "not for profit" housing corporation designated by the Town of Mamaroneck. The repurchase price for 3 May 7, 2014 the first 8 years would be equal to the original cost of the house to the homeowner, after that, the price would increase by the increase in the CPI. If Habitat, and then the Town, and then a "not for profit" housing corporation designated by the Town all fail to purchase the property, the Homeowner can then sell the house in the open market, but the homeowner must pay to Habitat a portion of the proceeds (the portion diminishes as time goes on). Habitat shall use the proceeds to buy another house in the Town of Mamaroneck for another family and impose the same resale restrictions. The issue of the assessment of this property was addressed in the early 90s. The owners of the Habitat House grieved the assessment and the entire Board of Assessment Review, along with the Assessor, agreed that the house could be assessed at no higher a value than it could be sold for and reduced the assessed value to reflect the restricted resale price. The Town Board was also issued for their review the original Conveyance Agreement dated April 16, 1991 between the Town of Mamaroneck and the Habitat for Humanity of Westchester, Inc. Councilwoman Elkind Eney would like this memorialized by the Town Board in the form of a resolution this evening. Additionally, a recalculation will need to be made for the tax bill, and a permanent record be placed in the file. Energize New York Additionally present: Mark Thielking and Elyssa Rothe of Energize NY Finance, who presented Energize NY to the Board. The Town Board received a hard copy PowerPoint. The Energy Improvement Corporation is a:  Not-for-Profit, Local Development Corporation  Mission to increase Energy Efficiency & Renewable Energy  Utilizes a shared service model  Funded by NYSERDA, DOE, revenue from financings  Serves property owners with three programs Energize NY Commercial o Energize NY Financial o Energize NY Residential o The Board was presented with an overview of the program. PowerPoint is attached to the Minutes of May 7, 2014. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:10 PM, she then pointed out the location of the exits. Supervisor Seligson noted that the Town Board met for a worksession beginning at 5:00 o’clock this evening, adding this is an open meeting that all residents’ are welcomed to attend. SUPERVISOR’S SUMMARY REPORT In the past three weeks there have been many meetings and events in the community that I would like to mention. The Town held a cleanup event at the Hommocks Conservation Area and had over 30 people participate. Special thanks to Pi Kappa Phi fraternity at Iona College who helped remove large debris from both the Hommocks Conservation Area and the Flint Park Nature Trail. Thanks to Walgreens manager George Lots who participated with two employees and generously provided water and granola bars for the crowd. It was great to have Steve Altieri and Ernie Odierna join us 4 May 7, 2014 too. Town Conservation Coordinator, Elizabeth Paul, helped organize and provision us as well. The League of Women Voters organized and held the Second Annual Community Yard Sale in the commuter parking lot near Memorial Park. There have been meetings of the Sustainability Collaborative and website redesign committee. I attended an Incident Command System workshop with Jaine and Ernie at the County training facility in Valhalla. Ernie and I attended and participated in the Long Island Sound Citizen Summit Conference held at Iona College. There was a Town/Village/School meeting with top officials from the Villages, Town and School District. I attended a Westchester Municipal Officials Assoc. Executive Committee meeting to meet the new Regional Administrator for HUD, Holly Leicht, The At Home on the Sound Gala was May 1, where I presented proclamations to Ellie Fredston and Pat Hatchey, the honorees. Upon invitation from Ernie I addressed the Rotary Club May 2. The LGCA held the First Annual Duck Derby, probably the cutest event in the Town where numbered rubber duckies raced in the Brook. I attended the wonderful Stemtastic event at the Hommocks Middle School. I attended the commissioning of both the Larchmont Yacht Club and the Coast Guard Auxiliary Flotilla in the Village of Mamaroneck. Welcome to spring! PRESENTATIONS Elizabeth Radow – Community Yard Sale Event Ms. Radow addressed the Town Board and gave an overview of the event. Ms. Radow explained that the event had an emphasis on sustainable issues as well as being a fundraiser for the Hommocks Ice Rink. Ms. Radow thanked the Board for all their help and support, adding that $1,000 was raised. Councilwoman Elkind Eney added that an additional fundraiser was held, the Ice Breaker Tournament, which raised $12,000 for the new locker rooms and bathrooms. Councilwoman Elkind Eney noted that this was an amazing event with all donated food and drinks. The varsity hockey team was involved as were many other community members. Supervisor Seligson added that the Town would like to invite the Varsity Hockey Players to the next meeting to publicly give them recognition for their efforts. Marc Karell-Sustainability Collaborative-Town Greenhouse Gas Emission Inventory Supervisor Seligson introduced Marc Karell stating that he is a member of the Town’s Sustainability Collaborative as well as the expert who put together the Town’s Greenhouse Gas Inventory and calculated the Town’s Carbon Footprint. Although the Town was given this report last year, the Town has not yet taken the opportunity to present it formally to the public. Marc Karell presented for the audience a PowerPoint presentation and is entered into the record as: ATTACHMENT A CITIZEN’S COMMENTS Kevin Crowe representing the Larchmont Gardens’ Civic Association (LGCA) addressed the Board. Mr. Crowe would like to readdress and continue the discussion of erosion along the Brook. He understands there is no easy solution, but would like to continue to work on a resolution. He then asked if the Highway Department had taken a look. Mr. Altieri responded that a fix is difficult without any curbing. Supervisor Seligson asked that the Town Board visit the area to better understand what is occurring. Mr. Crowe thanked the Town for all the help and support with the Duck Derby. 5 May 7, 2014 Town Fire Department Quarterly Report Additionally Present: Chief Joe Russo, Deputy Chiefs Noah Goldberg and Paul Tortorella Chief Russo began by presenting Councilman Murphy with his Commissioner’s Badge. Chief Russo gave a PowerPoint presentation recapping and highlighting the Department’s activities for the year 2013 and the first four months of 2014. Of note from the presentation is the fact that the number of calls in 2013 and for the first quarter of this year are the largest since Mr. Russo has been with the Department outside of a specific event (Hurricane etc.). Chief Russo also addressed the need for the replacement of Engine 36, adding that this engine was purchased in 1991 and is already past its 20 year life cycle. A Committee has been working on specifications that they hope will be ready for discussion this summer. Chief Goldberg addressed the new initiatives of the Department. Supervisor Seligson and the Board thanked the Chiefs for their time in presenting this information and for all their service to the Town. PUBLIC HEARING (S) – Amended Town of Mamaroneck Parking Lot Law The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, and pursuant to a resolution of the Mamaroneck Town Board adopted on April 23, 2014, a Public Hearing will be held on Wednesday, May 7, 2014 at 8:00 PM or as soon thereafter as is possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider “Revision of the Town of Mamaroneck’s Town-Owned Parking Lots” Law. Purpose: Changes in the municipal parking lots and in the rules for issuing permits have occurred since 2002 --- the last time the Code of the Town of Mamaroneck was amended with respect to the Town’s parking lots. This law updates the law on the municipal parking lots. The full text of this Amendment is stated below and can also be examined and copies obtained at the Town Clerk's office during regular hours, Monday - Friday, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, New York PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK CHRISTINA BATTALIA TOWN CLERK Published: April 30, 2014 On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously opened. 6 May 7, 2014 Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously closed. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board finds that the adoption of the proposed local law “Revision of the Town of Mamaroneck’s Town-Owned Parking Lots”, is hereby declared to be a Type II Action, with no impact under the New York State Environmental Quality Review Act (SEQRA) and requiring no further action. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the following Local law was approved: Local Law No. 2 - 2014 This local law shall be known as the “Revision of the Town of Mamaroneck’s Town-Owned Parking Lots” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: Changes in the municipal parking lots and in the rules for issuing permits have occurred since 2002 --- the last time the Code of the Town of Mamaroneck was amended with respect to the Town’s parking lots. This law updates the law on the municipal parking lots. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 147-3 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Parking lots are numbered and designated as follows: A. Lot No. 1 is the parking lot situated at Myrtle Boulevard and Vine Street. B. Lot No. 2 is the eleven parking spaces in the parking lot situated on Maxwell Avenue. C. Lot No. 3 is the parking lot and deck on Myrtle Boulevard and North Chatsworth Avenue. D. Lot No. 4 is the parking lot situated on Myrtle Boulevard which is shared with the occupants of 178 Myrtle Boulevard. E. Lot No. 5 is the six spaces located off of Myrtle Boulevard, near Madison Avenue. F. Lot No. 6 is the six numbered spaces on Vine Street. Section 3 – Amendment of a current section of the Mamaroneck Code: Section 147-4 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: A. The hours of permitted use of the parking lots shall be established by the Town Board from time to time either by resolution or by local law. B. Notwithstanding any other law regarding the parking lots, only a motor vehicle whose owner has been issued an overnight parking permit for Parking Lots Nos. 1, 2 and 4 may be parked in Parking Lots Nos. 1, 2 and 4, as the case may be, between the hours of 3:00 a.m. and 5:00 a.m. (prevailing time). Section 4 – Amendment of a current section of the Mamaroneck Code: 7 May 7, 2014 Section 147-5 of the Code of the Town of Mamaroneck hereby is amended by replacing the word “shall” with the word “may” and by replacing the words “Parking Lot Nos. 1, 2, 3 and 4” with the words “the parking lots”. Section 5 – Amendment of a current section of the Mamaroneck Code: Section 147-9D of the Code of the Town of Mamaroneck hereby is amended by deleting the words “an overnight parking permit or” both times that those words appear in the first sentence thereof and by replacing the words “the effective date of this chapter” with the words “April 17, 2002”. Section 6 – Amendment of a current section of the Mamaroneck Code: Section 147-9E of the Code of the Town of Mamaroneck hereby is amended by deleting the words “with the following exception:” and inserting a period after the word “issued” in the first sentence of the section. Section 7 – Amendment of a current section of the Mamaroneck Code: Section 147-11 of the Code of the Town of Mamaroneck hereby is amended by deleting the words “Board of Police Commissioners of the Town of Mamaroneck” and substituting the words “Town Board” therefor. Section 8 – 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 9 – 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: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Murphy, seconded by Commissioner Elkind Eney, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Ernest C. Odierna Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Thomas A. Murphy 1. FIRE CLAIMS On motion of Commissioner Murphy, seconded by Commissioner Elkind Eney, it was RESOLVED that this Commission hereby authorizes payment of the following Fire Department Claims as approved by the Fire Chief and audited by the Comptroller’s Office: 8 May 7, 2014 AT & T Mobility Wireless Service for 3/12 - 4/11/14 305.75 AAA Emergency Supply Fire Extinguisher recharges and Water Fire Extinguishers 313.50 Atlantic Westchester inc. Repairs to AC - Lobby 3/14 & 3/19/14 1,006.68 Bound Tree Medical LLC Medical Supplies 525.50 Cablevision Cable Services for 4/23/14 - 5/22/14 114.04 Clarke, Terence Reimburse for Fire Academy Training - meals & lodge 114.00 Goldberg, Noah Reimb - Copy of Blue Prints 156.11 Interstate Diagnostics Inc. Physical Examination for Cesareo 290.00 Minerva Cleaners Turnout Gear repair 99.50 National Standby Repair Inc. Repair to Generator 117.75 Oakland Beach Deli Food for Special March Drill 120.00 Poland Spring Rent for Water Cooler & Dispenser 3/19-4/18/14 111.96 Verizon Fire HQ service (4/10-5/9/14) 333.10 Villamaria Pizza Fast Drill - 4/23/14 74.37 0.00 Total: 3,682.26 The above resolution was put to a roll call vote: Commissioner Murphy Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Odierna Aye Commissioner Seligson Aye 2.Other Fire Department Business Commissioner Elkind Eney noted her attendance at the Fire Council Meeting then read the Fire Report for the Month of April as submitted by Chief Russo as follows: April 2014 ALARM TYPE NUMBER Generals 27 Minors 22 Stills 4 Out of Town (Mutual Aid) 0 EMS 39 Drills 4 TOTAL 96 Total number of personnel responding: 836 Total time working: 40 hours and 10 minutes There being no further business to come before the Commission, on motion of Commissioner Katz, seconded by Commissioner Murphy, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1.Authorization-Renewal of Retainer Agreement-Private Auditors On motion of Councilman Murphy, seconded by Councilman Odierna, it was 9 May 7, 2014 RESOLVED, that the Mamaroneck Town Board does hereby approve the retainer agreement with the private audit firm of O’Connor Davis as follows: 2014 2015 2016 Basic fee including conversion of fund level to government-wide Is the basic fee missing here? GASB Statement No. 34, and Town Justice Court $55,700 $57,350 $59,000 Section 8 Program $ 2,400 $ 2,400 $ 2,400 Single Audit (A133)- 1 Program $ 4,200 $ 4,200 $ 4,200 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 2.Authorization-Village of Larchmont Property Tax Exemption-Larchmont Reservoir On motion Councilman Murphy, seconded by Councilwoman Katz, the following was approved, WHEREAS, the Real Property Tax Law §406 provides that real property owned by a municipal corporation not within its corporate boundaries, if used as a water plant, pumping station, water treatment plant, water shed or reservoir (including necessary connections and appurtenances) shall be wholly exempt from taxation by the municipal corporation in which the property is located provided the governing board of the taxing jurisdiction agrees in writing to grant such exemption, and WHEREAS, the Village of Larchmont owns the Larchmont Reservoir Property that is located on Weaver Street in the unincorporated area of the Town of Mamaroneck and is designated as Section/Block/Lots 1-3-1.1 and 1-3-1.2 on the Town’s tax assessment map, and WHEREAS, the Larchmont Reservoir property meets the definition contained in Real Property Tax Law §406, and WHEREAS, since 1980 the Town exempted the Larchmont Reservoir property from taxes levied by the Town, and WHEREAS, the Town Board wants to memorialize its previous determination. NOW THEREFORE, BE IT RESOLVED that the Town Board declares that the property owned by the Village of Larchmont and designated as Section/Block/Lots 1-3-1.1 and 1-3-1.2 on the Town’s tax assessment map be and the same hereby is exempted from taxes levied by the Town for so long as it is used for a purpose described in Real Property Tax Law §406 (or any succeeding statute dealing with the same matter). The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 10 May 7, 2014 3.Authorization-Transfer of Funds-Website Redesign On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds for the redesign of the Town’s website as outlined by the Town Comptroller in the following schedule: BUDGET AMENDMENT - INCREASE 2014 GENERAL TOWNWIDE FUND & PART TOWN FUND BUDGETS 5/7/2014 TOWN BOARD MEETING GENERAL TOWNWIDE FUND (FUND A): INCREASE BUDGET: A.0000.5995 APPROPRIATED FUND BALANCE $ 3,980.00 A.1680.4035 CONSULTANT SERVICES $ 3,980.00 * REPRESENTS ANTICIPATED USAGE OF GENERAL TOWNWIDE FUND UNRESERVED FUND BALANCE TO FUND 40% OF THE $9,950 TOTAL PROJECT COST OF THE TOWN WEBSITE REDESIGN PART TOWN FUND (FUND B): INCREASE BUDGET: B.0000.5995 APPROPRIATED FUND BALANCE $ 5,970.00 B.1680.4035 CONSULTANT SERVICES $ 5,970.00 * REPRESENTS ANTICIPATED USAGE OF PART TOWN FUND UNRESERVED FUND BALANCE TO FUND 60% OF THE $9,950 TOTAL PROJECT COST OF THE TOWN WEBSITE REDESIGN The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 4.Authorization-Transfer of Funds-Temporary Employees Building Department On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds for part time employees in the Building Department to help facilitate the Municity/Laserfiche Records Management Scanning Project and for the interim coverage for general office operations as outlined by the Town Comptroller in the following schedule: 11 May 7, 2014 BUDGET AMENDMENT - INCREASE 2014 PART TOWN FUND BUDGET 5/7/2014 TOWN BOARD MEETING PART TOWN FUND (FUND B): INCREASE BUDGET: REV B.0000.5995 APPROPRIATED FUND BALANCE $ 25,000.00 EXP B.3620.1021 SALARIES - PART TIME $ 25,000.00 * REPRESENTS ANTICIPATED USAGE OF PART TOWN FUND UNRESERVED FUND BALANCE TO FUND TEMPORARY PART TIME STAFF FOR BUILDING DEPT. MUNICITY/LASERFICHE RECORDS MANAGEMENT SCANNING PROJECT & INTERIM COVERAGE FOR GENERAL OFFICE OPERATIONS. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 5.Authorization-Transfer of Funds-Sheldrake Environmental Center Driveway On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds for the resurfacing of the driveway at 685 Weaver Street (Sheldrake Environmental Center) as outlined by the Town Comptroller in the following schedule: BUDGET AMENDMENT - INCREASE 2014 GENERAL TOWNWIDE FUND BUDGET 5/7/2014 TOWN BOARD MEETING GENERAL TOWNWIDE FUND (FUND A): INCREASE BUDGET: A.0000.5995 APPROPRIATED FUND BALANCE $10,500.00 A.7150.4012 BLDG & GROUNDS REPAIRS/MAINT. $10,500.00 * REPRESENTS ANTICIPATED USAGE OF GENERAL TOWNWIDE FUND UNRESERVED FUND BALANCE TO FUND THE RESURFACING OF THE DRIVEWAY AT 685 WEAVER STREET (SHELDRAKE CTR.) The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 12 May 7, 2014 6.Authorization-Agreement-Hispanic Resource Center This item was adjourned 7.Re-adoption – Bond Resolution Town Highway Equipment The Town Clerk explained that the Journal News did not properly publish the Notice of Adoption for this bonding and therefore, the Town Board must readopt the bond resolution and the Town Clerk will republish. There will be no additional cost to the Town by the Journal News. The following resolution was offered by Councilman Murphy, who moved its adoption, seconded by Councilman Odierna, to-wit: BOND RESOLUTION DATED MAY 7, 2014. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $475,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF EQUIPMENT FOR THE HIGHWAY DEPARTMENT, FOR SAID TOWN. WHEREAS, acquisition of the capital items hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase of equipment for the Highway Department, each item of which is $30,000 or more, including incidental equipment and expenses in connection therewith, in and for the Town of Mamaroneck, Westchester County, New York, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $475,000. Section 2. It is hereby determined that the plan for the financing of said class of objects or purposes is by the issuance of the $475,000 of bonds of the Town hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual 13 May 7, 2014 countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney Recuse Councilwoman Katz Aye Councilman Odierna Aye Supervisor Seligson Aye 8.Approval of Certiorari On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Bonnie Briar Country Club Weaver Street S/B/L: 2-25-1.1 Town of Mamaroneck Reducing the 2013 assessment to $10,000,000, a reduction of $900,000 or around 8%. Using the Town’s 2014 tax rate of 10.20077 per thousand dollars of assessed value, the Town will refund $9,200.00. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 14 May 7, 2014 9.Set Public Hearing – Residential Parking District On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the Residential Parking District for the Washington Square Area for June 4, 2014 at 8:00PM in the Court Room of the Town Center, 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. 10.Adoption – Title of Assistant Town Administrator On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the following was approved, WHEREAS, pursuant to the letter from the Town Administrator to the Town Board dated May 2, 2014, with an explanation as for the need for the creation of the title of Assistant Town Administrator, and WHEREAS, the Town Administrator has presented to the Town Board a job description, responsibilities and duties for the title of Assistant Town Administrator. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby adopt the title of Assistant Town Administrator and accept the new job description to reflect that title as presented by the Town Administrator. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 11.Approval – Tax Assessment Adjustment Habitat for Humanity house Councilwoman Elkind Eney explained “that in the Town of Mamaroneck we have a house built by Habitat for Humanity in the early 90’s. At that time the Town entered into an agreement with Habitat for Humanity, which was recorded against the property, with the intent, that the house would be and remain affordable. For the first eight years there was a fixed price of $59,200, after that the price that a person could sell the house was capped at the $59,200 plus the consumer price index (CPI) adjusted every year. After this agreement was entered into the Town Assessor set the value of the house to reflect the cap on the resale of the home. Somehow, in the revaluation, GAR Associates missed this Agreement in the file and set the house at the full fair market value. This is significantly higher than the affordable value of the home, and not the intent of the Town which was that the home always remain affordable. Therefore, this is a resolution putting the assessed value of Block 124, Lot 70, back to the CPI formula in the Agreement between Habitat for Humanity and the Town of Mamaroneck for the 2013 roll and after to be adjusted each year by the CPI. On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was 15 May 7, 2014 RESOLVED, that the Mamaroneck Town Board does hereby approve resetting the assessed value of Block 124, Lot 70 pursuant to the Conveyance Agreement between the Town of Mamaroneck and Habitat for Humanity that was recorded in Liber 10016, page 28. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye APPROVAL OF MINUTES None REPORT OF COUNCIL Councilwoman Elkind Eney attended the Friends of the family Fundraiser at Write On in Larchmont, adding that she has a soft spot for this organization as she helped to form it. They had a speaker who addressed the importance of the written note. She and Councilman Odierna attended the Mamaroneck Chamber of Commerce Breakfast at which, among other updates, they spoke about the upcoming Wine Trail event. At the At Home on the Sound gala they honored two wonderful woman in our community who have given countless hours of service, Ellie Fredston and Pat Hachey. Supervisor Seligson presented a proclamation and gave a wonderful speech. Councilwoman Elkind Eney attended the League of Woman Voters Breakfast where Superintendent of Schools, Dr. Shaps, spoke about the school budget and introduced two candidates for the School Board. On a lighter note she and Councilwoman Katz attended the Town of Mamaroneck Ladies Bingo night at the VFW. Councilwoman Elkind Eney attended the STEM Alliance event. In closing she wanted to again thank those who helped with the hockey event as it was a tremendous amount of work in a very short time. Councilwoman Katz attended the Coastal Zone Management Commission meeting at which they approved some changes to a home that is in the Sheldrake River area. To accommodate the fear of flooding the house was slightly raised. This is an interesting issue as we may see more homes in the coastal area being raised on stilts. Councilwoman Katz attended the website redesign meeting. Councilwoman Katz noted the tremendous STEM Alliance event. Over 1,700 people attended and a huge amount of work went into putting this event together. Residents may have received in their mail this weekend a solicitation from the US Postal Service for food donations. The Postal Service is doing this food drive for the Larchmont Mamaroneck Hunger Task Force. Residents are reminded not to donate expired food. A reminder that this weekend is the Senior Art Show at the Larchmont Library. Finally, she attended a PTA coffee at which Dr. Shaps discussed the school budget. Supervisor Seligson added that Pat Sunderland, the art teacher for the senior citizen art class, received a proclamation from the Town for her 30 years of service, adding what a huge influence she has been on the art community. Councilman Odierna wanted to again mention the Incident Command session he, Supervisor Seligson and Councilwoman Elkind Eney attended in Valhalla, noting what a very impressive and serious operational th facility this is. On April 25 he attended the Save the Sound Event at Iona, noting he was a panelist at this illuminating event. Councilman Odierna attended the Sustainability Collaborative meeting at which they continue their work on drafting a Sustainability Plan. The Friends of the Library hosted a book discussion by Elizabeth Kolbert on her recent book the Sixth Extinction. He and other Board Members attended the Coast Guard Base opening, adding it was like old home week for him, as he was a Coast Guard Auxiliary member for 35 years. He attended the Healthier Mamaroneck Meeting at which they continue to plan for their th Health Fair on June 14. Councilman Murphy noted that he attended many of the same events, but of note he particularly enjoyed the STEM alliance event and appreciated all the hard work that went into it. Councilman Murphy attended the Village of Mamaroneck Committee on the Environment meeting at which they discussed water quality. Representatives from the County and from Save the Sound were present and addressed the aging infrastructure and ways to can keep the Sound clean. Residents need to be aware of the continued need to 16 May 7, 2014 address inflow and infiltration moving forward. We are at the bottom of the watershed and a major expense with respect to this is coming down the line and will be the responsibility of every municipality. Supervisor Seligson thanked Councilman Murphy for bringing up the issue of the sewer system and sanitary sewers, adding this will be something the Town Board will being addressing at an upcoming meeting. Supervisor Seligson thanked the volunteers from Iona College fraternity Phi Kappa Pi for their help with the Hommocks Conservation Clean Up. These young men came out and did a tremendous job hauling out bags of garbage. She also thanked the new Walgreens, especially Manager George Lotts and two of their employees who helped and provided water and granola bars for the participants. Christina Battalia noted her attendance at the NYS Town Clerks’ Association Conference in Saratoga. She noted the recent Best Practice Event she, as a Member and Chair of the NYS Archive Regional Advisory Committee, help to organize and host. This was the third event they have coordinated and it was so well received. William Maker wished all the Mother’s sitting at the dais a wonderful Mother’s Day. Supervisor Seligson noted the upcoming Memorial Day events. ADJOURNMENT On motion of Councilman Murphy, seconded by Councilman Odierna, the meeting was unanimously adjourned at 10:00 PM ________________________________ Submitted by Christina Battalia, Town Clerk 17