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HomeMy WebLinkAbout2014_11_05 Town Board Minutes November 5, 2014 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON NOVEMBER 5, 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 Councilman Thomas A. Murphy ABSENT: Councilwoman Jaine Elkind Eney 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 Odierna, the Work Session was unanimously opened at 5:00PM. Update – Sustainability Committee Councilwoman Elkind Eney suggested formalizing the structure of the Sustainability Collaborative. The Town Board discussed structuring the Committee more formally with member terms possibly, an odd number of members as well as creating a mission statement. The committee anticipates creating sub- committees, and the Board discussed how that would be addressed. Mr. Maker and Mr. Altieri will do an initial draft for structuring the Committee for further discussion. Update - Town of Mamaroneck Housing Authority A vacancy exists within the Housing Authority, and Supervisor Seligson noted that she had someone in mind and would like to reach out to that individual. If this individual is interested, she will bring a recommendation back to the Board. The Town Clerk distributed a spreadsheet of upcoming vacancies for the Town Board to begin to discuss. The Town Board reviewed the spreadsheet and based on their liaison assignment will begin to reach out to the various members to determine their intention of remaining on their appointed Board. Update – Implementation – Washington Square Resident Parking The Town Board reviewed the mock-up of the new signage for Washington Square, and only added ‘except holidays’. Councilwoman Katz asked for a cost of the signage once it is complete. It was brought to the Town Board’s attention that the fines imposed for parking violations with the new law all require an appearance before the Court. This would cause an undo administrative strain on the Court and the Board is being asked to review the fines and consider having the first offense a set amount that would not require an appearance. More homework will have to be done to determine if the parking enforcement software can determine whether a violator has a previous violation so that the Officer could determine if this were a second or more offense. Update – Westchester Joint Water Works (WJWW) Matters Supervisor Seligson stated that she had a quick update on the WJWW, adding that things are progressing with the UVA alternative using shaft 22 to bring water far north enough to reach Harrison, then supplementing that with the use of shaft 20. A new 7-mile pipe would need to be constructed to shaft 20 and go through Greenburgh where some upgrading to an existing pump would need to be completed. The renovation of the tanks is moving forward as well. With respect to the water district bonds on the agenda Supervisor Seligson explained that the NYS Environmental Facilities Corporation will not give the WJWW 1 November 5, 2014 the funding it is requesting, unless the participating municipalities show they have bonds in place to fund it. It’s an unusual requirement, and appears to be demonstrative that the WJWW has true backing and approval from the municipalities. Actual borrowing by the Town is not anticipated. Supervisor Seligson also added that The Town has a large surplus in its water fund , so the Town should be able to handle these projects without borrowing. These bonds are on the regular Agenda for this evening. Update – Westchester County New Rochelle Sewer District Inflow & Infiltration According to Westchester County Dept. of Environmental Facilities Commissioner Lauro the NYSDEC has not yet accepted the proposed agreement between Westchester County and the four municipalities in the New Rochelle Sewer District. The stumbling block appears to be that the schedule is too long. Although the Town has not received definitive details, it appears they would like the schedule moved up, specifically that the actual evaluation work begin earlier in 2015. This does put a wrinkle in preparing the 2015 Capital Budget. Mr. Altieri hopes to have more definitive answers from the DEC before the 2015 Capital Budget discussions. Supervisor Seligson added that Save the Sound is very interested in the issue of inflow & infiltration. Save the Sound has done work with water quality monitoring, specifically their work last summer locating some hot spots. They would like to see the municipalities work on this issue and in that vein have sent a letter to the DEC stating their interest in helping the municipalities with ideas and programs, and that they would like to be a part of the discussions. Update – Mamaroneck Towers PILOT Agreement The Town Board reviewed the memo from Mr. Altieri dated October 31, 2014 in which he explained that the Mamaroneck Towers property is currently tax exempt and would remain so under the new ownership. There would, however, be a payment in lieu of taxes (PILOT) to the Village of Mamaroneck, the Town of Mamaroneck, County of Westchester and the Mamaroneck School District. The initial payment would be $75,000 and would increase by 2.5%. Mr. Maker explained how the payment would be calculated among the taxing units. Mr. Altieri stated that there is no reason not to approve this agreement as there is no obligation on the Town. The agreement will be added to this evenings’ agenda for approval. Tree Removal Permit Appeal – 5 Salem Drive Councilwoman Katz stated that in light of this being the third appeal before the Board in the last year or so, she thinks the Town Board should review in the near future the law as is it now stands. The Board reviewed an appeal by the owners’ of 3 Salem Drive, who contend that the removal of trees from 5 Salem Drive, will add to the flooding problem they currently experience. The approved permit is for the removal of 14 trees and the Town Board reviewed a site plan demonstrating the current placement of the trees and outlining the approved Tree Removal Permit. The Board discussed their concerns, but also the fact that the tree removal was allowed within the tree law because the identified trees lie within the proposed building envelope. . Mr. Maker stated that the Town should determine whether an engineer’s certificate has been received stating that the storm water system that is being created will in fact handle the water, adding that if not and the trees are removed, the potential would be tree removal with no home being built. After speaking with Mr. Carpaneto by phone, Mr. Altieri stated that there is still an outstanding Erosion and Sediment Permit that is being reviewed by the Town’s engineering consultant. Again, Mr. Maker stated that it would be advisable that the Town determine if in fact the engineers for the Town have determined that the storm water system is adequate to handle an increase in runoff and not cause an issue for the neighbors. This item is on the Agenda for this evening, and there may be speakers as well. Discussion – Sewer Rent Law The Town Board reviewed a first draft of a local law prepared by Mr. Maker. Supervisor Seligson stated it was unfortunate that those homes not connected to the sewer system would be exempt from the fee, and hoped that there was a way to include them. The reverse is that commercial and not-for-profit properties, currently tax exempt, would be required to pay a use fee. The Town Board reviewed the details of calculating the fee, as well as other details for the law. Mr. Altieri stated if this is included in the 2015 Budget, a local law would need to be part of the Town Code, before passing the Budget. New Business 2 November 5, 2014 Time Change – 2015 Budget Meeting th The Board agreed to begin the November 11 Budget Worksession at 6:00pm, so the Board can participate in the Veterans’ Day event. Update LMC-TV Councilman Odierna gave an update on the recent discussions of the LMC-TV Board of Control with respect to a new home for LMC-TV. Discussions are ongoing and evaluations of additional sites are being discussed. The latest suggestion to Mr. Lewis from the Town is that he have an architect re-evaluate the rd Town Center 3 Floor as a possible home for LMC-TV. 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. PROCLAMATION – Rosemary Parendelis Supervisor Seligson read the Proclamation as follows: PROCLAMATION Rosemary Parandelis WHEREAS: Rosemary Parandelis has lived in the Town of Mamaroneck for 43 years and raised her family in the community and is now an inspirational senior citizen who has been inducted into the Westchester County Senior Citizen’s Hall of Fame; and WHEREAS: Rosemary is an avid artist who has a Masters in Fine Arts with which she taught school and Continuing Education classes she also has a Masters in Theology and worked as a Chaplin in a nursing home and has offered bereavement support at the Westchester Medical Center; and WHEREAS: Rosemary has volunteered in many capacities in the community such as the Bereavement Support Group, the Interfaith Council, and the Clown Ministry; as a C.C.D teacher, and English tutor for Spanish speaking families; and WHEREAS: Rosemary loves Manor Park and Harbor Island Park where she walks with her grandchildren and enjoys bird watching; and WHEREAS: Rosemary is a role model and inspiration to the Mamaroneck Larchmont Senior Citizens through her avid dancing and energy for living; and NOW, THEREFORE, BE IT RESOLVED, that I, Nancy Seligson, Supervisor of the Town of Mamaroneck, and the Town Board members hereby thank Rosemary Parandelis for her service to the community and congratulate her on being inducted into the Westchester County Senior Citizen’s Hall of Fame. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 5thday of November, 2014. 3 November 5, 2014 SUPERVISOR’S SUMMARY REPORT Congratulations to State Senator George Latimer and Assemblyman Steve Otis for being re-elected in yesterday’s election. Congratulations to Ilyssa Miller and Leon Potok for winning re-election to the position of Trustee in the Village of Mamaroneck and to new Trustee David Finch. Thank you to all the candidates for their efforts. The Town has won two grants this past week. One grant is for $315,000 from the NYS DOT to help fund building a new sidewalk on Weaver Street between Murray Ave and Bonnie Way. This new sidewalk will connect the Murray Ave area with the Larchmont Reservoir and has been a goal of area residents and the Town for many years. The other award is being one of four municipalities in the County chosen to participate in the Solarize Westchester program. Sustainable Westchester is working to help 4 municipalities promote and provide solar energy services to residents in the community. They will work with the municipalities to select a solar vendor who will provide solar energy at a discount to encourage people to sign up for the service. The Town is also interested in participating in the Municipal Solar Buyers Group whereby NYSERDA will help provide grants for solar energy to municipal buildings. We had a ribbon cutting event at the Hommocks Ice Rink on October 19 to celebrate the renovation of the ice rink. It was a happy and proud moment for the Town with wonderful snacks, free skating and give-away mementos for the crowd. The Town board is in budget process and has held several budget meetings all of which are open to the public. Please check the Town’s website, www.townofmamaroneck.org, to see the budget meeting schedule. We are working to stay within the tax levy cap. CITIZEN’S COMMENTS Kevin Crowe, representing the Larchmont Gardens’ Civic Association (LGCA), addressed the Board. Mr. Crowe noted the recent paving being done on Interstate 95 and questioned whether there will be a noise issue. He reminded the Board that after the last paving a barrier walls were installed and wonders if any discussion has been had with the State regarding this project. Mr. Altieri responded that he will reach out to the Thruway Authority, adding that if they are using asphalt it should be okay, but concrete could be an issue. PUBLIC HEARING (S) – “Override the tax levy limit established in General Municipal Law 3-c” 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 October 15, 2014 a Public Hearing will be held on Wednesday, November 5, 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: “Override the tax levy limit established in General Municipal Law 3-c” Law Purpose: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Mamaroneck pursuant to General Municipal Law § 3-c, and to allow the Town Board to adopt a budget for (a) town purposes, (b) fire protection districts and (c) any other special or improvement district governed by the town board for the fiscal year 2015 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c. The full text of this 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 4 November 5, 2014 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: October 23, 2014 On motion of Councilwoman Katz, seconded by Councilman Murphy, the Public Hearing was unanimously opened. Supervisor Seligson explained that this legislation is something the Town has passed the last few years. As she hopes most citizens’ know there is a tax levy cap imposed by the Governor. The Town Board in creating its Budget has the ability to override the tax levy cap, but it must pass a local law to do so. Although, the Town does not anticipate, nor does it want to necessarily override the tax levy cap, the Town Board would like to have this public hearing, should it feel that it is needed in order to have a responsible budget. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. On motion of Councilman Odierna, seconded by Councilwoman Katz, the Public Hearing was unanimously closed. There was no motion to adopt the Local law. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Odierna, 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: Thomas A. Murphy Absent was the following Member of the Commission: Commissioner: Jaine Elkind Eney 1. FIRE CLAIMS On motion of Commissioner Katz, seconded by Commissioner Odierna, 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: 5 November 5, 2014 AAA Emergency Supply Liquid Smoke, 36" Manhole hooks 113.50 AAA Emergency Supply Led Faceclip Assembly , Calibration & Repair Fit Test Machine 705.00 Amazon. Com Batteries 9.18 AT & T Mobility Wireless Service for 9/12-10/11/14 326.58 A S A P ETC. Pager repair shipment 9.49 Brewer Hardware Bolts, Drill Bits & Hammer Bits, Bag & Holder 104.42 Connecticut Business Sys. LLC. Delivery charge for Toner Re-Supply per contract 5.95 Cablevision Cable Services for 10/23-11/22/14 116.09 Chatsworth Cleaners Uniform cleaning & alterations 9/1-9/10/14 65.44 Con Edison Fire HQ Gas Svc 8/28-9/29/14 169.98 Dimuro Awards LLC Plaques for Inspection Dinner 735.50 ESS, Inc Radio repairs & Antenna for Radio 63.74 Fire Companies.Com, Inc. Website Maintenance - 3 months 239.97 Foley Hardware Screws 0.90 Grainger Cleaning supplies & soap 224.14 G & K Services Mats & rags for September 2014 113.17 Goldberg, Noah Supplies for Inspection Dinner 129.00 Impromoteu Plastic Red Helmets 242.40 Interstate Diagnostics Physical Examination - Brady 9/14/14 230.00 Interstate Diagnostics Complete Physical Exams 7740.00 Minerva Cleaners, LLC. Letters and Name Patch 62.00 N F P A Dues & Fire Prevention Material 332.05 Nick Bruno Electric, LLC Electircal Work 7/18, 9/19/14 794.00 New England Uniform Co. Uniform T Shirts 902.00 New England Uniform Co. Shirts, Pants & Patches 151.00 O. S. P. Fire Protection Maintenance on Hood System 160.00 Oakland Beach Deli Food for Oct 2014 Drill & Food For Inspection Dinner 10/10/14 369.80 Poland Springs/Deer Park Rental water coolers-Oct. 2014 111.96 Ricoh Copier contract for billing period 9/22- 10/21/14 204.35 R & L Consulting Parts for Repairs to Alarm Horn 169.09 Sound Shore Contracting Emergency Repairs to Kitchen Sink 266.00 Sound Shore Pest Control Exterminating svc 9/22/14 65.00 United Communications Corp. Minitor IV repair 508.27 Villa Maria Pizza 10/1/14 Explorer Drill, Setup for Inspect. 10/10/14 & Acq. Drill 227.71 Verizon Fire HQ Service 9/10-10/9/14 339.56 Verizon Fire HQ service 10/10-11/9/14 215.69 Westech Elevator Services, Inc. Maintenance for month of October 2014 175.00 Westech Elevator Services, Inc. Maintenance for month of November 2014 175.00 WJWW Water Chgs 9/30-12/31/14 102.50 Winged Foot Golf Club Inspection Dinner 10/10/14 6200.00 Total: 22875.43 The above resolution was put to a roll call vote: Commissioner Murphy Aye Commissioner Elkind Eney ABSENT Commissioner Katz Aye Commissioner Odierna Aye Commissioner Seligson Aye There being no further business to come before the Commission, on motion of Commissioner Katz, seconded by Commissioner Odierna, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 6 November 5, 2014 1.Tree Removal Permit Appeal – 5 Salem Drive Supervisor Seligson asked if anyone wished to speak on this appeal. Jason Pollack, the homeowner of 5 Salem Drive, addressed the Board. Supervisor Seligson asked Mr. Pollack to address the issues raised by his neighbors. Mr. Pollack stated that they are building a storm water drainage system designed by a licensed engineer, who states that there will actually be less run off after the drainage system is installed. Mr. Pollack stated that standards are actually stricter than they were when the home was originally built, and confident that the system is being designed to handle a 25 year storm, adding that the engineer actually designed the system for potentially more trees to be removed than in actuality. Mr. Pollack introduced Nick Girardi his engineer who stated that his company videotaped the lateral storm sewer pipes and has given the tapes to Mr. Carpaneto for inspection. Councilman Murphy asked if a percolator test had been performed and Mr. Girardi answered yes. The Board asked about the homeowner’s intention to replace trees. Mr. Pollack stated that they had every intention for replanting of trees, but they had not prepared a plan as yet. The Board noted that in many instances where trees are removed the Board has required a two to one replacement ratio, noting that in this instance that might be unrealistic. Supervisor Seligson stated that the Town Board would like to review the engineering report prior to making a final decision. Mr. Pollack stressed the timing for construction as nearing the winter season, and emphatically asked that the Board take that into consideration. On motion of Councilman Murphy, seconded by Councilwoman Katz, the following was approved, WHEREAS, the Town Board has received an appeal from Mr. and Mrs. Weintraub, of 3 Salem Drive, of the Tree Removal Permit issued to Mr. and Mrs. Pollack, for the removal of fourteen trees on their property at 5 Salem Drive. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby deny the appeal by the Weintraub’s at 3 Salem Drive, but does hereby modify the Tree Removal Permit issued to the Pollack’s, at 5 Salem Drive, (a) by my making it subject to the issuance of the Sediment and Erosion Control Permit, (b) by requiring the Pollack’s in consultation with the Town’s Environmental Planner to plant up to 14 trees on their property. If due to soil conditions, fewer than 14 trees can be planted on their property, the Pollack’s shall contribute to the Town’s Tree Fund a sum equal to $ 300.00 multiplied by the difference between 14 trees and the number of trees that are planted on the Pollack’s property. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney ABSENT Katz Aye Odierna Aye Seligson Aye 2.Authorization – New York State DOT Snow & Ice Agreement Extension On motion of Councilman Odierna, seconded by Councilwoman Katz, the following was approved WHEREAS, the Town of Mamaroneck conducts snow and ice control on both the Boston Post Road and Weaver Street which are roadways owned by the State of New York, and WHEREAS, in consideration of the Town’s snow and ice control activity, the State reimburses the Town. 7 November 5, 2014 NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve extending the Agreement for a period of one year to expire on June 30, 2014, the agreement with the New York State Department of Transportation for snow and ice control activity for the 9.2 miles of State road at a rate of $1,507.00 per mile, for a yearly total of $13,864.40. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney ABSENT Katz Aye Odierna Aye Seligson Aye 3.Authorization – Intermunicipal Agreement - Westchester County Organic Waste On motion of Councilman Murphy, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board finds that the approval of the Intermunicipal Agreement between the Town of Mamaroneck and the County of Westchester for Transfer of Organic Waste for Refuse Disposal District #1, 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 Councilman Murphy, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Intermunicipal Agreement between the Town of Mamaroneck and the County of Westchester for Transfer of Organic Waste for Refuse Disposal District #1, and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to sign said contract on behalf of the Town. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney ABSENT Katz Aye Odierna Aye Seligson Aye 4.Authorization – New York State Division of Criminal Justice – Access to DNA Records On motion of Councilman Odierna, seconded by Councilman Murphy RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement between the New York State Division of Criminal Justice Services, the New York State police and the Town of Mamaroneck for access to DNA Records in the State DNA Index System at no charge to the Town, and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to sign said contract on behalf of the Town. 8 November 5, 2014 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney ABSENT Katz Aye Odierna Aye Seligson Aye 5.Authorization – Transfer of Funds – Fall Tree Planting On motion of Councilman Murphy, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds in the amount of $5,490.00 for the planting of trees and placement of plaques for the fall plantings as outlined by the Town Comptroller in the following schedule: BUDGET AMENDMENT - TRANSFER FROM TRUST FUND TO GENERAL FUND 11/5/2014 TOWN BOARD MEETING GENERAL TOWN WIDE FUND (FUND A): INCREASE BUDGET: A.0000.5041 TRANSFERS FROM TRUST FUND $ 5,490.00 A.8510.4178 PLANTS / TREES/ MOSQUITO CONTROL $ 5,490.00 * (REPRESENTS USE OF TREE PLANTING FUND DONATIONS FOR PURCHASE OF STREET TREES FOR ANNUAL FALL PLANTING & INSTALLATION OF DEDICATION PLAQUES) * TRUST A/C # T.0000.0097 (TREE PLANTING FUND) $ 5,490.00) The above resolution was put to a roll call vote: Murphy Aye Elkind Eney Absent Katz Aye Odierna Aye Seligson Aye 6.Authorization – Transfer of Funds – Senior Nutrition Program On motion of Councilman Odierna, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds in the amount of $1,500.00 for the replacement of thermal delivery bags used by the Meals on Wheels program, as outlined by the Town Comptroller in the following schedule: BUDGET AMENDMENT - TRANSFER FROM TRUST FUND TO GENERAL FUND 11/5/2014 TOWN BOARD MEETING 9 November 5, 2014 GENERAL TOWN WIDE FUND (FUND A): INCREASE BUDGET: A.0000.5041 TRANSFERS FROM TRUST FUND $ 1,500.00 A.6772.2102 MISC EQUIPMENT $ 1,500.00 * (REPRESENTS USE OF MEALS ON WHEELS TRUST FUND DONATIONS FOR PURCHASE OF THERMAL DELIVERY BAGS) * TRUST A/C # T.0000.0112 (MEALS ON WHEELS TRUST) $ (1,500.00) The above resolution was put to a roll call vote: Murphy Aye Elkind Eney ABSENT Katz Aye Odierna Aye Seligson Aye 7.Authorization – Transfer of Funds – Boiler Repairs – VFW Building On motion of Councilwoman Katz, seconded by Councilman Murphy, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds in the amount of $20,000.00 for the replacement of the two boilers operating at the VFW Building, as outlined by the Town Comptroller in the following schedule: BUDGET AMENDMENT - INCREASE 2014 GENERAL TOWNWIDE FUND BUDGET 11/5/2014 TOWN BOARD MEETING GENERAL TOWNWIDE FUND (FUND A): INCREASE BUDGET: A.0000.5995 APPROPRIATED FUND BALANCE $ 20,000.00 A.6772.2104 BUILDING EQUIPMENT $ 20,000.00 * REPRESENTS ANTICIPATED USAGE OF GENERAL TOWNWIDE FUND UNRESERVED FUND BALANCE TO FUND THE REPLACEMENT OF BOTH BOILERS AT VFW BUILDING (SENIOR CTR.) The above resolution was put to a roll call vote: Murphy Aye Elkind Eney ABSENT Katz Aye Odierna Aye Seligson Aye 10 November 5, 2014 8.Set Public Hearing – Water District Bonds As explained by Mr. Altieri in his memo to the Board: The Westchester Joint Water Works (WJWW) has approved a project to purchase standby modular backup generators for its pump stations and plants….. The total cost is $600,000. The WJWW is planning to fund the project with a 25% grant and a 75% interest free loan from the New York State Environmental Facilities Corp. (EFC). The plan now is to have the WJWW fund the loan payments from its operating budget. Therefore, there should be no direct impact upon the Town budget. However, under the requirements of the EFC the WJWW must show evidence that the participating communities are prepared to finance their individual project share should it be necessary. Therefore, the EFC is requiring that each of the communities adopt bonding resolutions for their shares of the project costs. On motion of Councilman Odierna, seconded by Councilwoman Katz, the following was approved, In the Matter of Increase and Improvement of the Facilities of the Town of Mamaroneck Water District No. 1 of the Town of ORDER Mamaroneck, Westchester County, New York: CALLING PUBLIC HEARING WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has had under consideration the increase and improvement of the facilities of the Town of Mamaroneck Water District No 1 of the Town (the “Water District”), being its share of the improvement of facilities of the Westchester Joint Water Works of the Town/Village of Harrison, the Village of Mamaroneck and the Town of Mamaroneck (together, the “WJWW”), consisting of the installation of modular standby generators that will initially be located at the Rye Lake Plant to replace the current non-functioning propane standby generator, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith; and WHEREAS, the aggregate maximum estimated cost to said Water District of such increase and improvement of facilities is determined to be $125,000; and WHEREAS, said capital project 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 (“SEQRA”), the implementation of which as proposed, will not result in a significant environmental effect, and the documentation relating to SEQRA is available in the office of the WJWW for inspection during normal office hours; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Water District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: 11 November 5, 2014 Section 1. A public hearing will be held at the Town Hall, in Mamaroneck, New York, in said th Town, on 19 day of November, 2014, at 8 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of said Water District, in said Town, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a notice of said public hearing to be published in the official newspaper of said Town, and also to cause a copy thereof to be posted on the official Town signboard, such publication and be made not less than ten, nor more than twenty days, before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney Absent Councilwoman Katz Aye Councilman Odierna Aye Supervisor Seligson Aye The Order was thereupon declared duly adopted. 9.Set Public Hearing – Establishment of Parking Enforcement Officer PURPOSE: The Town Board enacted new parking regulations for the Washington Square area that go into effect on January 1, 2015. To enforce that law as well as the laws regarding parking in the Town- owned parking lots and on Lester Place, the Town Board may create the position of Parking Enforcement Officer. Chapter 34 of the Code of the Town of Mamaroneck is entitled “Quality of Life Laws; Enforcement”. Section 34-2 grants to persons serving in certain positions the additional title of “Constable” and empowers Constables to enforce those quality of life laws that are listed in section 34-2. The purpose of this local law is to add the title of Parking Enforcement Officer to the list of Constables in section 34-2 and to add the chapter of the Code that contains the rules for Town-owned parking lots to the quality of life laws listed in section 34-2. In addition, the person who formerly possessed the title of Environmental Coordinator has been promoted to Environmental Planner. A person serving as Environmental Coordinator is a Constable. Accordingly, it is appropriate to add the title of Environmental Planner to the list of Constables. This local law does so. On motion of Councilman Odierna, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the Establishment of a Parking Enforcement Officer, for Wednesday, 12 November 5, 2014 November 19, 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.Authorization – Certiorari On motion of Councilman Murphy, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: 265 Mamaroneck Avenue LLC 265 Mamaroneck Avenue Section/Block/Lot: 9-6-55 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2012 $27,900 $11,805 $16,095 The above resolution was put to a roll call vote: Murphy Aye Elkind Eney ABSENT Katz Aye Odierna Aye Seligson Aye 11.Authorization – Towers, LP PILOT Agreement On motion of Councilman Odierna, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Payment-in-Lieu-of- Tax Agreement between the Town of Mamaroneck, the Mamaroneck Towers, L.P. and the County of Westchester Industrial Development Agency, and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to sign said contract on behalf of the Town. The above resolution was put to a roll call vote: Murphy Aye Elkind Eney ABSENT Katz Aye Odierna Aye Seligson Aye APPROVAL OF MINUTES On motion of Councilman Murphy, seconded by Councilman Odierna, it was unanimously 13 November 5, 2014 RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of October 15, 2015 and the Special Meetings of October 20, 2014 and October 29, 2014. WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Murphy congratulated the winners in the Village of Mamaroneck Trustee race, Senator George Latimer and Assemblyman Steve Otis, adding that Elections are a necessary part of Democracy and of how we run our Government. st Councilman Odierna attended the LMC-TV meeting on October 31 at which they are busy contemplating their new home. The Board has been busy with numerous budget meetings. Councilman Odierna attended the Oktoberfest at the Senior Center, adding it is always delightful. Councilman Odierna is looking forward to standing in for Supervisor Seligson and greeting the 2nd graders from Murray Avenue school tomorrow at the Town Center. Councilwoman Katz wished Councilwoman Elkind Eney a speedy recovery. The Library held an open house at which they gave tours of the building and kicked off their transformation project. Councilwoman Katz attended the Coastal Zone Management Commission, noting that they are still working with the consultant on the updating of the Local Waterfront Revitalization Plan. Supervisor Seligson noted that the Fire Department held their Open House which was wonderful, adding they had a beautiful day. Larchmont Gardens’ Civic Association (LGCA) held another, very well attended, Halloween event, they even dressed up the bridge along the Brook. The Furniture Sharehouse had their annual gala, the Town Village School (TVS) met, as did the Sustainability Collaborative. There was a green infrastructure workshop held at the Village of Mamaroneck, which was very informative. Supervisor Seligson and Steve Altieri attended the annual dinner of the Veterans’ for Foreign War. The Artist Guild had a retrospective of Hilda Demsky’s work, adding she has been paining for 60 years! Dorothy Saracino, (SP?) performed a collaborative piece called In her Voice, held at the Art of Dressing, adding that this was a very nice event, and the Emelin Theatre held a wonderful gala that Supervisor Seligson also attended. Finally, Supervisor Seligson attended a meeting on food waste held by County Legislators Catherine Parker. ADJOURNMENT Supervisor Seligson closed the meeting in memory of Kenneth Paterno, a retired employee of the Recreation Department, who passed away last week. Kenny worked for the Town for 38 years, and was a beloved ‘character’ of the Town. We send our condolences to his wife Denise. On motion of Supervisor Seligson, seconded by Councilwoman Katz, the meeting was unanimously adjourned at 9:35 PM ________________________________ Submitted by Christina Battalia, Town Clerk 14