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HomeMy WebLinkAbout2014_09_17 Town Board Minutes September 17, 2014 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON SEPTEMBER 17, 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 Councilman Murphy, the Work Session was unanimously opened at 5:00PM. TAKEN OUT OF ORDER Proclamation - Retirement of Town Assessor – Susan Thomas Supervisor Seligson explained that Susan Thomas would prefer to meet and say goodbye to the Town Board during Worksession. The Town Board welcomed Susan Thomas thanking her for all her years of service, specifically Supervisor Seligson thanked her for always being someone she could count on - someone who knew so much. The Board thanked her for the excellent job she did spearheading the revaluation process. Susan Thomas thanked the Board for all their support, adding she feels very confident that the she is leaving the Town in good hands. Ms. Thomas did add that she wished there was a better Town manual for retirement. Supervisor Seligson presented Ms. Thomas with her proclamation. PROCLAMATION WHEREAS: Susan M. Thomas has been an exceptional and respected employee for the Town of Mamaroneck for 29 and ½ years; and WHEREAS: Susan joined the Town as an Assessment Clerk 1985 and advanced her career in the assessment office through dedication and education to become the Real Property Appraiser in 1989, a New York State Certified Appraiser in 1997 and the Assessor for the Town of Mamaroneck in 1998; and WHEREAS: Susan has led the office in her role as Assessor for the past 16 years, implementing procedural improvements and managing a successful re-valuation process; and WHEREAS: Susan has, through her professionalism, earned the respect of her peers throughout the local assessment community as well as the New York State Assessor’s Association; and WHEREAS: We would like to officially thank and recognize Susan for her commitment to the Town of Mamaroneck, as shown by her years of service to our community; and 1 September 17, 2014 NOW, THEREFORE, BE IT RESOLVED that, I, Nancy Seligson, Supervisor of the Town of Mamaroneck, and the members of the Town Board of Mamaroneck hereby thank and congratulate Susan M. Thomas for her 29 and ½ years of service to the community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be th affixed this 17 day of September, 2014. ADDED ITEM Review of Washington Square Resident Parking Law The Town Board noted that Old Jefferson Street should not be listed in the law as it was discussed previously and does not apply. The Board reviewed a number of specific comments from Ralph Engel. The Board also discussed and determined that the law will go into effect January 1, 2015 to give the Town Departments ample time to prepare for the new regulation. Energize New York (ENY) Supervisor Seligson explained that Mr. Maker has done some research into the law drafted for participation in the Energize New York program and believes it may be in conflict with municipal law. Supervisor Seligson did note, however, that at the recent Supervisors’ Luncheon, it appears that most municipalities have either passed the law, or are about to. Supervisor Seligson did add that the neighboring municipalities felt comfortable guaranteeing the loans because the loans could only be up to ten percent of the properties worth, and they felt it was a good opportunity for their commercial properties. Supervisor Seligson asked Mr. Maker to discuss his findings. Mr. Maker stated that he reached out to the Town’s Bond Counsel, Doug Goodfriend who stated it is not legal to guarantee a private loan. Mr. Maker then reached out to Jim Stoutt, the lawyer for ENY and Linda Whitehead with concerns that the guaranteeing is illegal. Mr. Stoutt stated that he has information to the contrary and would provide that to Mr. Maker and the Town. To date Mr. Maker has not received that information and therefore advises that the Town wait for that response before it moves forward discussing this legislation. The Board members also discussed their initial concern with the ENY loans as to how they are secondary to any primary mortgages and therefore in a sale or payoff they would not be satisfied before the primary mortgage. 2015 Town of Mamaroneck Budget The Town Board reviewed a memo from Mr. Altieri dated September 12, 2014. Mr. Altieri stated that he felt an initial general review of the budget would be helpful prior to their receiving the Tentative a Budget th on October 15. The Board also received an addendum to the memo titled, Formula for Determining Tax Cap Levy Limits – 2015. The memo detailed three areas of discussion: New York State Tax Cap, the Form of Submission for the 2015 Budget and the Town Board Budget Items. Much of the discussion centered on the tax cap formulas, specifically how the rebate checks are to be calculated. Sewer Use Fee The Town Board reviewed a memo from Mr. Altieri which outlines two reasons the Town should consider a sewer use fee. One reason is in response to the Tax Cap and the other is that residents can have some control of their use by controlling their water consumption. Councilwoman Elkind Eney noted that it differs from pay-as-you-go garbage collection in which a different garbage bag must be purchased. Councilman Murphy noted that it captures the commercial and school use as well. Mr. Altieri stated that it would be the suggestion of the Westchester Joint Water Works that the billing be done monthly to minimize spiking of bills during high-use months. It was also noted that the Port Chester Legislation has a built in review/grievance process. Mr. Altieri stated that if acceptable he will prepare a budget that incorporates a Sewer Use Fee. Rodman Reed was present during the discussion and was asked by Supervisor Seligson if he wished to make a comment. Mr. Reed noted that he is a Village of Larchmont resident and receives his water from United Water, adding that he pays more to have water removed from his property that he does to bring it onto his property. He is encouraging the Town Board to look at the State Law he sent them via email, and although it is overkill, it is worth reading. Mr. Reed also stated that the sewer use fee is fairer in that it captures restaurant water use. 2 September 17, 2014 ADDED ITEMS Councilman Odierna asked Mr. Altieri to clarify who determines when a double yellow line will be painted on a particular street. Mr. Altieri responded that secondary roads do not require a double yellow, adding his office in conjunction with the Highway Department makes the determination. Councilman Odierna stated that he would like a manual and policy moving forward, possibly even an item for the Traffic Committee to review. Councilwoman Katz brought to the Boards attention once again that the staff of the Saints John and Paul School is conducting unauthorized traffic guidance at the rear exit of the school during school dismissal. Councilwoman Katz feels it is a hindrance to normal traffic patterns as well as causing a dangerous situation. This is an unauthorized procedure and Mr. Altieri will reach out to them to discontinue this practice. Update – Village of Mamaroneck Assessment Function th The Town Board reviewed a memo from Mr. Altieri dated September 8 updating the Town Board on the Village of Mamaroneck’s Assessment function. A recent local law was adopted by the Village of Mamaroneck giving up their status as an assessing unit, whereby the Village of Mamaroneck will adopt the Town of Mamaroneck’s roll for Village properties in the Town and the Town of Rye’s roll for the properties in the Town of Rye. There is a provision for a permissive referendum, but assuming that is not initiated, the Town of Mamaroneck will provide the assessing functions for the Village of Mamaroneck beginning this th fall. On September 11 staff from the Town and the Village of Mamaroneck met with John Wolhman of the NYS Office of Real Property Tax Services (ORPTS) to discuss ramifications and implementation of this legislation. Specifically, the Homestead Option and Senior Citizen and Veteran Tax Exemption levels will need to be addressed. For continuity and streamlining it would be best that the Village not adopt the Homestead Option until 2017 at which time the Town will revisit the Homestead Option as part of their revaluation. Mr. Altieri suggests that the Town perform a revaluation on the Village condominiums to be in line with the Town’s. Although there is a cost involved in assuming the Villages’ assessment function, there may be a credit involved within the tax cap legislation when one municipality consolidates a government function of another municipality. This will be discussed further during the Town’s budget discussions. The Town Board discussed how best to handle certiorari and Mr. Maker suggests a similar agreement to the one the Town and Village of Larchmont work under. ADDED ITEM Supervisor Seligson stated that the Sustainability Collaborative’ s Sustainability Plan is ready for review and st suggests the Committee present it to the Board at the October 1 Meeting. th The Ribbon Cutting for the Hommocks Ice Rink will be moved to October 19. This will give the Town and Recreation Department additional time to do a more Community wide event. Supervisor Seligson stated that the web site launch will move from this Friday to the following Monday. The Town Board discussed the policy on what ‘links’ should be listed on the web site. Mr. Altieri stated that he has been contacted by the Larchmont Historical Society about renting an additional 400 square feet of space on the third floor. The Society does not feel they can afford any more than $2,500 in additional rent. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 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 Seligson noted a change to the agenda, stating that earlier during worksession Susan Thomas received her Proclamation to a bitter sweet goodbye after 30 years as the Town Assessor. Ms. Thomas gained the respect of her peers and was always relied on as someone who knew her job so well. The second Proclamation for Detective Reynolds will be at a later date. 3 September 17, 2014 Supervisor Seligson stated that they will begin the evening with Affairs of the Town number one, the Appointment of the new Town Assessor. The Town of Mamaroneck is very lucky to have Pam Valenza appointed to Town Assessor. Ms. Valenza, currently holds the Title of Real Property Assessor. Ms. Valenza has been with the Town for 18 years beginning with Assessment Clerk, then promoted to Assessment Assistant, then to Intermediate Clerk and finally to her current role as Real Property Assessor. Supervisor Seligson stated that Ms. Valenza is a home grown appointment, noting this is always a good thing. Ms. Valenza knows the job, works hard and is respected by her peers, the Town Board and members of the Town staff. I am pleased to announce our intentions this evening of appointing Ms. Valenza. Mr. Altieri addressed the audience reiterating the experience Ms. Valenza has and the growth she has achieved with respect to real property assessing. The assessment roll is the single most important database and the bread and butter of the Town and as the Supervisor stated it is very special to promote someone from within the organization. The Town had this good fortune with Ms. Valenza’s predecessor Susan Thomas. I am very glad to recommend this appointment to the Town Board. Ms. Valenza addressed the Board thanking them and Mr. Altieri for this appointment. Ms. Valenza stated that she was born and raised in the Town and thankful for the honor and privilege to continue her career in the place she still calls home. Ms. Valenza introduced her husband and parents and in closing wished her Dad a happy birthday! Councilwoman Elkind Eney addressed the audience and read the following: I am very familiar with the workings of the Assessor's office here in the Town. Before I became an elected official, I was on the Board of Assessment Review for 17 years, 14 of them as Chair. In that capacity, I worked closely with Susan and her staff. The Assessor's function is critical to the Town. They manage Assessments on the 8700 parcels of real property in the Town valued at $8.5-8.9 billion; 70% of Town's revenue comes from real property taxes. The Assessor is highly regulated by State and of course, the Town Board, It takes precision and diligence to do the job properly. Despite the important role that the assessor performs, let's face it no one likes to walk in to the Assessor's office. While they might not always be happy with the result, property owners walk out feeling that they have been treated fairly, respectfully and professionally. For many years, this is the standard and tone that Susan has set. Filling her shoes is a tall order. Having seen Pam in action, I am confident that Town of Mamaroneck's Assessor's Office will continue to perform at the high level we’ve grown accustomed to. In addition, I have seen Pam deal with very difficult situations with grace and equanimity. We are all lucky that Pam has decided to take on this role. I for one am delighted. 1.Appointment – Town Assessor On motion Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was approved WHEREAS, with the retirement of Susan Thomas as the Town Assessor, a vacancy exists in that appointment. NOW BE IT, RESOLVED, that the Mamaroneck Town Board does hereby appoint Pamela Valenza as Town Assessor, to complete the unexpired term of Susan Thomas, ending September 30, 2019, and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute the employment agreement with Ms. Valenza. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 4 September 17, 2014 SUPERVISOR’S SUMMARY REPORT During Supervisor Seligson comments photos of the Premium River Marsh Clean Up Event were displayed. Please enjoy watching the photos and short video on the screens of the Premium Marsh Annual Cleanup. We had 18 young men from Iona College’s Pi Kappa Phi fraternity join several Town staff, th residents and Ernie and me cleaning the marsh on Saturday September 13. We collected lots of construction debris from the river and trash and recyclables from the marsh. Thank you to everyone who participated. The new LED streetlights, which are part of the Energy Performance Contract, are beginning to be installed in the Town. When we reach replacement of 60% of the streetlights we will be able to adjust them individually. The Hommocks Ice Rink is up and running after the energy and mechanical system upgrades as part of the Energy Performance Contract. The finishing touches such as bathrooms improvements, painting and flooring are not yet complete, but should be finished soon. The Town is planning a ribbon-cutting event in October to celebrate the renovation. th We had our annual September 11 Ceremony that was well attended. Thank you to everyone who attended. I spoke at the LWV Breakfast on community issues with the mayors of the Villages. The Sustainability Collaborative meets regularly to work on the draft Plan for a Resilient and Sustainability Mamaroneck. The group plans to present it to the Town Board in early October. I’ll mention a few other meetings at the end of this meeting. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board. Gjoko Shkreli, of 176 Myrtle Blvd addressed the Board. Mr. Shkreli asked why Myrtle Blvd was excluded from the residential parking legislation as Myrtle Blvd was selected a prime spot for affordable housing and with that it will need overnight parking, adding this would be the time to add that to the legislation. Supervisor Seligson responded that the State provided enabling legislation for us to contemplate and propose the residential parking permit. The State only included the Washington Square Area and not Myrtle Blvd as it was in a commercial district. Mr. Maker explained further that no Town has the right to limit parking on public streets unless the State gives it that power. The State only gives that power to residential districts. When the Town created the legislation there were no B-R Zones, therefore, the State would not permit Myrtle Blvd in the legislation. If the Town were inclined it could go back to the State and see if they will alter their opinion. Mr. Shkreli requested that the Town consider taking this back to the State. Supervisor Seligson stated that the Town will consider that. PUBLIC HEARING – Washington Square Resident Parking 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 September 3, 2014 a Public Hearing will be held on Wednesday, September 17, 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: “Residential parking system for (a) Washington Square, (b) a section of North Chatsworth Avenue, (c) New Jefferson Street, (d) Old Jefferson Street and (e) Murray Avenue between Myrtle Boulevard and Leafy Lane” Law. Purpose: Washington Square, North Chatsworth Avenue, New Jefferson Street, Old Jefferson Street and Murray Avenue are public streets in the Town of Mamaroneck. 5 September 17, 2014 Washington Square, New Jefferson Street, Old Jefferson Street, the section of North Chatsworth Avenue between Myrtle Boulevard and the northern boundaries of the lots on the opposite side of the street improved with the buildings known by the postal addresses of 35 North Chatsworth Avenue and 40 North Chatsworth Avenue and the section of Murray Avenue between Myrtle Boulevard and Leafy Lane (“Residential Parking Area”) have been developed with multi-family buildings, which either do not provide off-street parking or have insufficient off-street parking to accommodate vehicles owned or leased by their residents. These streets lie near the Larchmont train station and one of the Town’s commercial districts. Parking on these streets by commuters and by customers and employees of the businesses in the nearby commercial district has resulted in frequent occasions when persons living in the Residential Parking Area cannot find parking in the vicinity of their apartments. To alleviate that problem, the Town Board requested the New York State Legislature to pass special legislation creating a residential parking system for certain public streets within the Town, including the Residential Parking Area. Special legislation has been enacted in the past for other communities in Westchester, including sections of the Towns of Eastchester and Harrison, the Cities of Peekskill and Rye, the Villages of Bronxville, Irvington, Mount Kisco, Pelham, Tarrytown and Tuckahoe as well as other municipalities throughout the State of New York. The Legislature granted the Town Board’s request by enacting section 1662-d of the New York Vehicle and Traffic Law. This section authorizes the Town Board to adopt a residential parking permit system for the Residential Parking Area. By this local law, the Town Board is exercising the authority granted to it. 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: September 9, 2014 Supervisor Seligson introduced the legislation, reminding residents that the Town Board has reviewed, discussed, analyzed, amended and refined this legislation extensively. Beginning about a year ago residents of the Washington Square area asked the Town to revisit this issue. The Town Board referred it to the Traffic Committee for review. The Traffic Committee held several meetings and a public hearing and then made a recommendation to the Town Board. The Town reviewed those recommendations, made its own changes and revisions. The Town has received numerous comments throughout t the year, and held a very well attended, Public Hearing. The Town took all this into consideration, making additional changes. We now find ourselves with a refined law that takes into consideration many comments and considerations. Supervisor Seligson asked Mr. Maker to give a further explanation of the proposed legislation. Mr. Maker read from the following statement: The concept of the law is to prevent long term parking by non-residents. The law restricts parking between the hours of 9am & 2pm on weekdays. During that period, anyone can park for 3 consecutive hours. Effectively what this does is capture illegally parked cars without permits which either are parked overnight and so are there at 9am or who arrive between 9am and 10:59am. Here’s why. There are no restrictions starting at 2pm The restrictions resume at 9am the next day. 6 September 17, 2014 Hence anyone can park between 2pm on day 1 and noon on day 2, i.e. unrestricted parking until 9am + 3 hours = 12noon. As of 12:01pm, that hypothetical car would be illegally parked. If instead of parking overnight, assume a car w/out a permit arrives at 9:30am. That car would be illegally parked as of 12:31pm. You can play with other hypotheticals, but you eventually will conclude that if a car arrives at 11am, at no time will it be illegally parked on that day because, it is entitles to park for 3 hours (11am to 2pm) and as of 2pm the parking restrictions are lifted. That is why this law is designed to outlaw weekday parking between 9am and 10:59am. Furthermore, for any car without a permit that parks during this time period only has to be moved once in order to comply with the la. The earliest illegal time = 12:01pm. So if a car is moved at noon and parked elsewhere, it can stay in its new location for 3 hours which would take it past 2pm. Permits are available to residents of Washington Square and to caregivers of residents of Washington Square. Two types of caregivers (p.4): One: A person who between the hours of 9am & 2pm tends to an area resident for more than 3 hours per day because the area resident’s physician certifies that the area resident needs such care. Two: A person who between the hours of 9am & 2pm cares for an area resident’s child for more than 3 hours per day provided that the child’s parent certifies that this person is the child’s ‘nanny’. Contractors’ who are licensed by the County of Westchester are exempt from this law as are vehicles owned by municipalities and public utility companies. Fines start at between $25 & $100 for a first offense and between $100 & $200 for a second offense within 12 months and between $200 & $300 for a third (or more) violation within 12 months (K on p. 7) One exception: The fine for anyone guilty of supplying false information ranges between $300 & $500 and prevents that person from getting a permit, even if entitled to one, for 2 years – (L on p. 7) On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Claire Kubasik, resident 17 N Chatsworth Avenue, asked for clarification and then commented that family and friends who visit have an issue parking in the area when they visit the City and will be gone for the day, adding she hopes that there was a way to receive a day permit for this instance. Dennis Mulcahey, 16 N Chatsworth, thinks the law is complicated, and wonders how the signs will read. Effectively we are the only residents in the Town who have to pay to park on our own streets. Mr. Mulcahey asked about Old Jefferson. Mr. Mulcahy is not happy with the law. Supervisor Seligson responded by saying that Old Jefferson was mistakenly included in the legislation and should have been removed in the redraft. Marsha Jaeger, 3 Washington Square, questions how this law will be policed, she thinks it is unenforceable. Supervisor Seligson responded that currently that is correct, but the Town is fully intending, should this legislation pass, to hire personnel to enforce this legislation. Peggy Rowe, 16 N Chatsworth, is concerned for the workers and changing shifts of health care personnel, who work in the area, as well as the concierge and guests of residents, adding parkers will move to the 7 September 17, 2014 commercial district and only make that parking situation worse. Ms. Rowe thinks the status quo works, adding that residents who purchased housing without parking is something they must deal with. Supervisor Seligson reminded residents that currently there is a 3 hour limit on parking, adding if that were to be enforced, unlike it is now, that would be more restrictive than this legislation. Ron Fass, 14 N Chatsworth asked if a resident has 2 cars, one with a permit for Lot #3, the other car can obtain a resident sticker? After receiving a yes response, Mr. Fass stated he was in favor of the law. Charles Horgan, 17 N Chatsworth Avenue, asks the Town Board to reject the law. He thinks this is still a law seeking a problem, or rather the problem is people want to park exactly where they want, exactly when they want to. I know if I come home at 11pm I will not be able to park in front of my building and I understand that. Mr. Horgan also thinks this will be unenforced. Beth Balis, 17 N Chatsworth Avenue, stated that she has attended most of the meetings held by the Traffic Committee, adding she appreciates how much the Town has listened to comments from the residents. She commented on the Cadillac cars that are parked continually and questions how these are allowed to do this. She believes it is the commuters that are also abusing the law, stating that she watches them come off the train and pull away. She is in favor of the law, but still thinks there are concerns. Donald Mazin, representing Gjoko Shkreli and the Coughlin Agency with applications in connection with the recent Zoning Amendment passed by the Town Board. Mr. Mazin stated that if the Town is planning to do something legislatively to help the other streets, it should do the same for Myrtle Blvd. Mr. Mazon believes that by passing the recent zoning amendment the Town was removed from the County’s list of Municipalities not complying with the Housing settlement. Mr. Mazon believes that the DGEIS as written designates Myrtle Blvd to be a within the group of other Washington Square streets for mixed residential use. Mr. Mazin believes that the legislation should entitle Myrtle Blvd the same relief being offered to the other streets. Bonnie Yougswick, 17 N Chatsworth is in favor of the law, adding there is a problem with commuters taking all the spaces and preventing the residents from parking. She thinks the current law is not working, the police have no idea who is a resident and who is a commuter. Lea Lenny agrees with Bonnie Youngswick, adding we should give it a try! Supervisor Seligson asked the Town Board if they wished to comment. Councilman Murphy stated that no law can anticipate every situation, adding the Town has tried to capture the main problems and we would not be considering this if we were not prepared to enforce it. There has been ample testimony that there is a problem with commuter parking in the area, and this is the only solution to protect the resident from not getting a ticket every day. You either have a law, and enforce it, or you don’t have a law at all. Having no legislation in the area is a worse scenario. Councilman Odierna thanked residents for their well thought out and extensive comments. This represents our best efforts to compromise and come up with a solution. We will have enforcement and the wrinkles will be worked out and I believe at the end of the day most residents will be happy with this legislation. Councilman Odierna reminded residents that there is a shortfall of parking spaces and the law will not change that, buildings were built without parking and we have to do the best with what we have. An additional resident addressed the Board, but did not state his name, adding his frustration with commuters especially with those that come before this Board and state that they knowingly park illegally, as well as those that are not residents but park their (Cadillac’s) legally but habitually in the area. Councilwoman Elkind Eney stated that she would only be repeating what has already been said, so in the interest of brevity, will decline any additional comments. Supervisor Seligson thanked Councilwoman Katz for being so involved and on top of this legislation. She also thanked Bill Maker for his hard work as well. Supervisor Seligson and the Town Board thanked the residents’ for their thoughtful comments and for coming out tonight for this second Public Hearing. 8 September 17, 2014 Councilwoman Katz thanked Doris Block and Steve Bartell of the Traffic Committee for their hard work. Noting that Steve Bartell is a resident of Washington Square and how helpful it has been to have his perspective. Bill Maker also thanked Doris Block, adding how instrumental she has been working on this legislation, editing, rewriting and improving this legislation. Mr. Maker specifically outlined the changes to the legislation addressed this evening to be changed in the final adoption of the legislation as follows: Old Jefferson is not part of Law and any references will be eliminated. Specifically, on page C. 3 reference to Old Jefferson will be removed with respect to alternate side parking. Paragraph E on page 6 ‘location’ will now be ‘location(s)’. On page 7, paragraph L, there are two omissions - the second line where the phrase ‘WS Resident Parking Permit’ appears twice, the second time it should state ‘Replacement WS Resident Parking permit’; the following line the word ‘be’ is missing from between the words shall and punishable. Finally, this Local Law shall become effective on the later of January 1, 2015 or the date it is filed with the Secretary of State. Lea Lenny asked the Town to stripe and mark the parking spaces and to light the area on Vine where the new 24 hour spaces have been created. On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously closed. On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board finds that the adoption of the proposed local law “Residential parking system for (a) Washington Square, (b) a section of North Chatsworth Avenue, (c) New Jefferson Street, and (d) Murray Avenue between Myrtle Boulevard and Leafy Lane” Law 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 Katz, seconded by Councilman Murphy, the following Local law was approved: Local Law No. 4 - 2014 This local law shall be known as the “Residential parking system for (a) Washington Square, (b) a section of North Chatsworth Avenue, (c) New Jefferson Street, and (d) Murray Avenue between Myrtle Boulevard and Leafy Lane” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: Washington Square, North Chatsworth Avenue, New Jefferson Street and Murray Avenue are public streets in the Town of Mamaroneck. Washington Square, New Jefferson Street, the section of North Chatsworth Avenue between Myrtle Boulevard and the northern boundaries of the lots on the opposite side of the street improved with the buildings known by the postal addresses of 35 North Chatsworth Avenue and 40 North Chatsworth Avenue and the section of Murray Avenue between Myrtle Boulevard and Leafy Lane (“Residential Parking Area”) have been developed with multi-family buildings, which either do not provide off-street parking or have insufficient off-street parking to accommodate vehicles owned or leased by their residents. These streets lie near the Larchmont train station and one of the Town’s commercial districts. Parking on these streets by commuters and by customers and employees of the businesses in the nearby commercial district has resulted in frequent occasions when persons living in the Residential Parking Area cannot find parking in the vicinity of their apartments. To alleviate that problem, the Town Board requested the New York State Legislature to pass special legislation creating a residential parking system for certain public streets within the Town, including the Residential Parking Area. Special legislation has been enacted in the past for other communities in Westchester, including sections of the Towns of Eastchester and Harrison, the Cities of Peekskill and Rye, the Villages of Bronxville, Irvington, Mount Kisco, Pelham, Tarrytown and Tuckahoe as well as other municipalities throughout the State of New York. 9 September 17, 2014 The Legislature granted the Town Board’s request by enacting section 1662-d of the New York Vehicle and Traffic Law. This section authorizes the Town Board to adopt a residential parking permit system for the Residential Parking Area. By this local law, the Town Board is exercising the authority granted to it. Section 2 – Creation of a new section of the Code of the Town of Mamaroneck: The Code of the Town of Mamaroneck hereby is amended to add the following section: §219-2.1. Permit parking on Washington Square, New Jefferson Street, a section of North Chatsworth Avenue and the section of Murray Avenue between Myrtle Boulevard and Leafy Lane. A. The Town Board makes the following findings. There is a shortage of parking on weekdays for residents of Washington Square, New Jefferson Street, the section of North Chatsworth Avenue between Myrtle Boulevard and the northern boundaries of the lots on the opposite side of the street improved with the buildings known by the postal addresses of 35 North Chatsworth Avenue and 40 North Chatsworth Avenue and the section of Murray Avenue between Myrtle Boulevard and Leafy Lane (“Residential Parking Area”). This area is densely populated with eight multi-family buildings, which either do not provide off- street parking or have insufficient off-street parking to accommodate vehicles owned or used by their residents. The Residential Parking Area lies near the Larchmont train station which is one of the busiest stations along Metro-North’s New Haven line. Accordingly, the Residential Parking Area is heavily burdened with significant traffic and congestion from the large number of commuters who park within the Residential Parking Area and walk to and from the Larchmont train station during the morning and evening weekday rush hours. The Residential Parking Area also lies near one of the Town’s commercial districts. Parking in this area by commuters and by customers and employees of the businesses in the nearby commercial district has made it difficult for residents of the Residential Parking Area to find parking within the vicinity of their apartments. In addition, the traffic that is attracted to the Residential Parking Area has made it hazardous for pedestrians, especially the many senior citizens who reside within the Residential Parking Area. Section 1662-d of the New York Vehicle and Traffic Law also authorized the Town to restrict parking on Lester Place which the Town Board has done. Lester Place is a single street that does not connect to any of the streets running through the Residential Parking Area. Most of the homes on Lester Place are one or two family homes. The parking problem previously encountered by the residents of Lester Place was not due to commuters using the Larchmont train station or to shoppers. It was created by residents of nearby apartment buildings in the City of New Rochelle routinely competing with the Lester Place residents for on- street parking. Hence, a blanket prohibition on parking by non-residents, except for the 15% set aside mandated by section 1662-d of the New York Vehicle and Traffic Law has proven to be a viable solution. The nature and source of the parking problems that had faced the residents of Lester Place are separate and distinct from the issues that confront the residents of the Residential Parking Area. Since the Residential Parking Area consists of high rise apartments and not one and two family homes, adopting the same residential parking system for the Residential Parking Area as the one in place on Lester Place is not appropriate and would create a new set of problems. First: Identifying specific spaces to be set aside for non-resident parking would be difficult. (a) There are eight multi-family buildings in the Residential Parking Area, each with its own entrance. If the non-resident parking spaces were located in one area, some non-residents would have to park a considerable distance from the building(s) they intend to visit. Similarly, the residents of the building(s) near the non-resident parking would not have as much residential street parking in the vicinity of their building(s) as the residents of the building(s) located away from the non-resident parking spaces. (b) Sprinkling non-resident parking spaces around the Residential Parking Area would create confusion as non-residents would have to navigate the streets to find the few non-resident parking spaces located on each street. (c) Locating non-resident parking spaces around the Residential Parking Area would require the proliferation of signs that would be aesthetically displeasing. Second: There are only 175 on-street parking spaces within the Residential Parking Area. Reserving 26 for non-residents would leave only 149 on-street spaces exclusively for resident parking. Since there are over 686 housing units within the Residential Parking Area but only 539 off-street parking spaces 10 September 17, 2014 on private property, making all of the on-street parking spaces available to the residents on a preferred, unlimited basis optimizes the chances of residents finding on-street parking. Third: In addition to residential units, some of the multi-family buildings within the Residential Parking Area contain professional offices which are visited by clients who do not live within the area. These clients need places to park on a short-term basis. Fourth: A number of residents within the Residential Parking Area are elderly or infirm. These individuals rely on caregivers to aid them with the activities of daily life. These caregivers need places to park while assisting those residents. Fifth: There are a number of residents within the Residential Parking Area who are employed outside their homes and have children who need supervision during the day. These caregivers need places to park while supervising those children. Sixth: The Residential Parking Area abuts a commercial area along Myrtle Boulevard. The customers of those businesses need places to park on a short-term basis when parking spaces on Myrtle Boulevard are not available. For these reasons, the Town Board has developed a residential parking program designed to accommodate the singular needs of the Residential Parking Area. B. When used in this law, “Area Resident” means a person who resides within the Residential Parking Area. “Caregiver” means a person who between the hours of 9:00 AM and 2:00 PM (prevailing time) either (a) provides assistance with the activities of daily living to an Area Resident whose doctor certifies, in writing, that the Area Resident requires such assistance for more than 3 hours per day or (b) cares for an Area Resident’s child whose parent certifies, in writing, that the applicant for the WS Resident Parking Permit (defined below) takes care of the Area Resident’s child for more than 3 hours per day. “Contractor” means a person whose motor vehicle displays an insignia indicating that he/she/it is a home improvement contractor licensed by the County of Westchester and who is performing work within the Residential Parking Area either for one of the entities named in section 219-2.1 J., the owner or the managing agent of one of the multi-family buildings within the Residential Parking Area or an Area Resident. “Eligible Person” means an Area Resident a Caregiver or an entity whose principal owner is an Area Resident. “Residential Parking Area” --- defined in section 219-2.1 A. “WS Resident Parking Permit” means the permit issued by the Town Clerk for a motor vehicle owned or leased by an Eligible Person that allows that vehicle to be parked on a street within the Residential Parking Area for a period of time longer than motor vehicles not having such a permit are allowed to park on a street within the Residential Parking Area. When reference is made to a WS Resident Parking Permit being “Issued”, that reference includes both the issuance of the original WS Resident Parking Permit for a particular motor vehicle and all renewals thereof. C. (1) Except as provided in section 219-2.1 C. (3) and except as provided in any other applicable law, a motor vehicle to which a WS Resident Parking Permit has been issued shall be permitted to park on a street in the Residential Parking Area 24 hours a day/7days per week. (2) It shall be a violation of this law if on a weekday that is not a public holiday (as defined in section 24 of the NY General Construction Law), a motor vehicle to which a WS Resident Parking Permit has not been issued is parked on a street in the Residential Parking Area for more than 3 consecutive hours between the hours of 9:00 AM and 2:00 PM (prevailing time). (3) Notwithstanding section 219-2.1 C. (1), parking shall not be allowed between the hours of 9:00 AM and 11:00AM (prevailing time) on the following streets (or portions thereof) on the following days: the west side of Washington Square the first Monday of each month the east side of Washington Square the second Monday of each month 11 September 17, 2014 the west side of New Jefferson Street the first Tuesday of each month the east side of New Jefferson Street the second Tuesday of each month the north side of the section of North Chatsworth Avenue between Myrtle Boulevard and the northern boundaries of the lots on the opposite side of the street improved with the buildings known by the postal addresses of 35 North Chatsworth Avenue and 40 North Chatsworth Avenue the first Thursday of each month the south side of the section of North Chatsworth Avenue between Myrtle Boulevard and the northern boundaries of the lots on the opposite side of the street improved with the buildings known by the postal addresses of 35 North Chatsworth Avenue and 40 North Chatsworth Avenue the second Thursday of each month the west side of the section of Murray Avenue between Myrtle Boulevard and Leafy Lane the first Friday of each month and the east side of the section of Murray Avenue between Myrtle Boulevard and Leafy Lane the second Friday of each month. D. (1) The Town Clerk shall sell WS Resident Parking Permits and shall maintain a record of the license plate number and the vehicle identification number of each motor vehicle for which a WS Resident Parking Permit is issued. The Town Clerk shall not issue a WS Resident Parking Permit for a motor vehicle (i) unless the owner or lessee of that motor vehicle demonstrates to the satisfaction of the Town Clerk, acting reasonably, that such owner or lessee is an Eligible Person, (ii) for which the Town Clerk has issued a parking permit that allows that vehicle to be parked in any of the Town’s parking lots or (iii) that has or is required to have a commercial license plate. (2) The Town Clerk shall not issue a WS Resident Parking Permit for any motor vehicle which has three or more outstanding and unpaid parking violations against it for parking violations that occurred within the unincorporated area of the Town. (3) The Town Clerk shall collect the amount shown in section A250-1 A. for each WS Resident Parking Permit sold. Each WS Resident Parking Permit shall be valid until the last day of the first month of September that begins after such permit shall have been issued. (4) The fees collected from the sale of WS Resident Parking Permits and replacement WS Resident Parking Permits shall be credited to the General Fund-Part Town. (5) The Town Clerk shall revoke a WS Resident Parking Permit if the Town Clerk, acting reasonably, determines that such permit was issued based upon false information or was otherwise issued or used improperly or wrongfully. The Town Clerk also shall revoke a WS Resident Parking Permit if after such permit is issued, the number of outstanding and unpaid parking violations against a motor vehicle for which such permit had been issued for parking violations that occurred within the unincorporated area of the Town reaches three or more. The Town Clerk shall mail written notice of the revocation to the person to whom such permit was issued at the address for such person that appears on the application for the WS Resident Parking Permit being revoked. The revocation shall be effective on the third business day after the notice is mailed. The Eligible Person shall remove a revoked WS Resident Parking Permit from the vehicle and destroy it. The failure to do so shall be a violation of this law. A revoked WS Resident Parking Permit may be reinstated by curing the underlying basis for the revocation and the payment of a fee that is triple the amount of the fee for a WS Resident Parking Permit issued in a month other than April, May , June July or August shown in section A250-1 A. 12 September 17, 2014 E. A WS Resident Parking Permit shall be affixed at such location(s) on the motor vehicle as the Town Clerk may determine. An Eligible Person’s failure to affix a WS Resident Parking Permit in the location determined by the Town Clerk shall be a violation of this law. F. An Eligible Person shall be guilty of violating this law if the WS Resident Parking Permit issued to the motor vehicle owned or leased by the Eligible Person is affixed to another motor vehicle. G. WS Resident Parking Permits are not transferable. If title to a motor vehicle to which a WS Resident Parking Permit has been issued is transferred or if such motor vehicle is returned to the company from which it was leased, the permit for that motor vehicle no longer shall be valid and the Eligible Person shall remove the WS Resident Parking Permit from the vehicle and destroy it. The failure to do so shall be a violation of this law. H. If an Eligible Person replaces a motor vehicle to which a WS Resident Parking Permit had been issued with another motor vehicle that he/she owns or leases, the Town Clerk shall issue a replacement WS Resident Parking Permit; provided that on the date that the replacement WS Resident Parking Permit is issued, the motor vehicle is eligible for a WS Resident Parking Permit. A replacement WS Resident Parking Permit shall expire on the same day as the day on which the WS Resident Parking Permit that it is replacing would have expired if that permit were not replaced. The Town Clerk shall collect the amount shown in section A250-1 A. for each replacement WS Resident Parking Permit issued. I. An Eligible Person shall remove the WS Resident Parking Permit from the motor vehicle owned or leased by the person immediately if that person ceases to be an Eligible Person. The failure to do so shall be a violation of this law. J. Except for section 219-2.1 (C) (3), this section shall not apply to motor vehicles registered pursuant to section four hundred four-a of the New York Vehicle and Traffic Law or to motor vehicles owned or operated by public utility companies, the United States of America, the State of New York, the County of Westchester, the Town of Mamaroneck, the Mamaroneck Union Free School District, the Village of Larchmont or Contractors. K. Except for the type of violation whose fine is set by section 219-2.1 (L),the first violation of this law within any twelve month period shall be punishable by a fine of not less than $25.00 and not more than $100.00. A second violation of this law within any twelve month period shall be punishable by a fine of not less than $100.00 and not more than $200.00. More than two violations of this law within any twelve month period shall be punishable by a fine of not less than $200.00 and not more than $300.00 for each such violation. L. It shall be a violation of this law for a person to supply false information in connection with an application for a WS Resident Parking Permit or a replacement WS Resident Parking Permit. Such a violation shall be punishable by a fine of not less than $300.00 and not more than $500.00. For the twenty- four month period following the date on which a person is convicted of supplying false information in connection with an application for a WS Resident Parking Permit or a WS Resident Parking Permit, the Town Clerk shall not issue such a permit for any motor vehicle owned or leased by that person. Section 3 – Repeal of Local Laws: Local Laws No.1 and No. 2 of 2011 hereby are repealed. Section 4 – Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surface of the streets or the appropriate portions thereof lying within the Residential Parking Area. Section 5 – Amendment of a section of the Code of the Town of Mamaroneck: The Code of the Town of Mamaroneck hereby is amended by making the following changes and additions to section A250-1. The schedule of fees and deposits for permits, licenses, applications and services shall be as follows: A. General fees. Code Section Subject Fee or Deposit §219-2 Residential parking permits $25.00 per motor 13 September 17, 2014 for Lester Place vehicle §219-2.1 (D) (3) WS Resident Parking Permit $25.00 per motor issued in months other than vehicle April, May, June, July, August or September §219-2.1 (D) (3) WS Resident Parking Permit $10.00 per Issued in the months of April, May, motor vehicle June, July, August or September § 219.2.1 (H) Replacement WS Resident Parking $5.00 per motor Permit vehicle Section 6 – 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 7 – Effective Date: This Local Law shall become effective on the later of January 1, 2015 or the date it is filed 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 Elkind Eney, seconded by Commissioner Katz, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Ernest C. Odierna Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Thomas A. Murphy There being no further business to come before the Commission, on motion of Commissioner Murphy, seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 2. Adoption – Website Protocol/Management Guidelines On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was 14 September 17, 2014 RESOLVED, that the Mamaroneck Town Board does hereby approve the adoption of the Website Protocol/Management Guidelines. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye 3.Approval of Certiorari On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: M&F Properties LLC 335 Center Avenue Section/Block/Lots: 8-31-14 and 8-31-129 and 8-31-147 and 8-31-150 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2010 $28,000 $11,263 $16,737 2011 $28,000 $10,796 $17,204 2012 $28,000 $11,731 $16,269 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Aye Katz Aye Odierna Aye Seligson Aye APPROVAL OF MINUTES - August 13, 2014 & September 3, 2014 On motion of Councilman Odierna, seconded by Councilman Murphy, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the Meetings of August 13, 2014 and September 3, 2014. REPORTS OF THE COUNCIL Councilwoman Elkind Eney stated that she and Councilman Odierna attended the Mamaroneck Chamber of thth Commerce Meeting on September 4. On September 5 she attended the League of Woman Voters Breakfast where the Chief Elected Officials discussed the ‘State of the Municipality’; infrastructure and the tax cap seem to be the most common pressing issues. The Town of Mamaroneck Fire Department held thth their annual picnic on September 6 – a great day. On September 8 Councilwoman Elkind Eney attended th the first skate on the new rink ice – great to be back on the ice. On the 8 the Town held their staff BBQ at the VFW, noting that Steve was missed. The festivities continued at the Village of Larchmont BBQ at Manor th Beach. On September 10 Councilwoman Elkind Eney attended the Planning Board meeting, they continue th to address interesting issues. On September 11 the Town held a 911 Ceremony at the Girl Scout Rock, as 15 September 17, 2014 always Supervisor Seligson did a very nice job on this event. On September 12, Westfair Rides held an event at the Singer House to increase awareness; they are an organization that provides rides for senior to attend th medical appointments. At the Summit Meeting on September 16 a very interesting presentation was held on Wage Theft. Councilwoman Elkind Eney made a number of public services announcements and noted many great upcoming events. Councilwoman Katz noted that everyone missed Steve at the BBQ, adding that he is never out sick. Traffic Committee met for the first time after the summer, they have a lot on their agenda. The Library also met for the first time since summer break and they continue to discuss their ‘Transformation Project’ to redesign the first floor of the Library. The Village of Larchmont Committee on the Environment is working on a tribute to honor Bruce McFarland. Finally, Councilwoman Katz, Supervisor Seligson and Steve Altieri attended the Long Island Sound Watershed Intermunicipal Council, adding it’s a bit disappointing that it’s not as cohesive as it could be. Councilman Odierna noted that he attended many functions already mentioned by Councilwoman Elkind Eney and Supervisor Seligson, but notably was the cleanup at the Premium Marsh. It is a potential recreation area we should publicize more, possible the Rotary Club could be asked for funding of signage at the marsh. Councilman Murphy mentioned the upcoming budget meetings beginning in October, reminding residents that these are meetings open to the public. Councilman Murphy stated that, like many municipalities, we will need to struggle with the tax cap and everyone should be aware that these important discussions will be taking place; this is a responsible Board and we will get the work done, but a reminder to all that good government costs money. ADJOURNMENT Supervisor Seligson closed the Meeting in memory or Robert Cammer, a devoted member of our community. Bob and his wife Wendy grew up in Mamaroneck and were active in the Larchmont Gardens’ Civic Association (LGCA). Bob was also a very important member of our Housing Authority from its inception. I particularly enjoyed conversing with him as he was such an intelligent and thoughtful person. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the meeting was unanimously adjourned at 9:45 PM ________________________________ Submitted by Christina Battalia, Town Clerk 16