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HomeMy WebLinkAbout2013_03_20 Town Board Minutes March 20,2013 REVISED (3/20/2013) TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY MARCH 20, 2013 THE TOWN BOARD WILL CONVENE—at 5:00 PM, In Conference Room A to discuss: 1. Preliminary Review—2012 Year End Financials 2. Review of Westchester County Tax Data 3. Meals on Wheels Program 4. Health Insurance Policy 5. Energy Service Contracts 6. Review of Parking Lot Fees 8:OOPM CALL TO ORDER—COURTROOM -Identification of Fire Exits SUPERVISOR'S SUMMARY REPORT CITIZEN'S COMMENTS RECOGNITION OF SERVICE—Mark Rosenbaum—Planning Board Chairman PUBLIC HEARING—Town of Mamaroneck Sewer District#1 Purchase of Sewer Camera System PRESENTATION—Revised FEMA Flood Maps BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization—Consultant Agreement—Multihazard Mitigation Plan 2. Authorization—Amendment to Retainer Agreement—General Counsel 3. Resolution—Fund Balance Policy 4. Resolution—Health Insurance 5. Report of Bids—TA-13-08 Tennis Court Resurfacing&Transfer of Funds 6. Authorization—Agreement with New Rochelle Humane Society 7. Authorization—Westchester County&Town Tax Warrant 8. Authorization—Closeout Capital Project 2000-11-13- Catch Basin Insert Project 9. Salary Authorization—Recreation Community Services 10. Appointment—Boards&Commissions APPROVAL OF MINUTES— REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETINGS— April 3, 2012 &April 17, 2013 1 March 20,2013 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON MARCH 20, 2013, BEGINNING AT S:OOPM 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 Councilwoman Phyllis Wittner Councilman Ernest C.Odierna Councilwoman Abby Katz 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 Councilwoman Wittner,the Work Session was unanimously opened at S:OOPM. Preliminary Review—2012 Year End Financials The Town Board reviewed a memo from Mr.Altieri and Mr.Siligato dated March 18,2013 titled, Preliminary Financial Review—Year Ending December 31,2012,with the following Attachments: (A)Summary of Revenues and Expenses by Fund, Comparison of Budget to Actual, Year Ending December 31,2012 (B)(C)Revenue Comparison Control Report, Fiscal Year 2012, 12 Months (D)Expense Comparison Control Report, Fiscal Year 2012, 12 Months (E)Fund Balance Analysis—Fiscal Year Ending 2012 The Town Board discussed the financials as presented. Review of Westchester County Tax Data Deferred Meals on Wheels Program Additionally Present:Anna Danoy, Director of Community Services and Housing. The Town Board discussed a proposed re-organization of the Meals on Wheels Program,and a proposed retirement incentive.On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the Board unanimously agreed to enter into an Executive Session to discuss the employment history of a particular person in the Community Services Department. EXECUTIVE SESSION Employment History of a Particular Person in the Community Services Department. On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz the Board unanimously agreed to resume the Regular Meeting. 2 March 20,2013 Health Insurance Policy for Elected Officials The Town Board reviewed the final draft of the resolution prepared by Mr. Maker. This item is on the Regular Agenda for this evening. A letter from the Supervisor will go out to current Retired Elected Officials for their information Energy Services Contracts The Town Board reviewed documents prepared for the February 6,2013 Town Board Meeting regarding alternative financing for projects at the Hommocks Ice Rink,Town Center and Street Lighting. Mr.Altieri stated that while the Town Board reviews this type of financing the Ice Rink project timing of 2014 will not be effected,adding that the preliminary plans for that project have already been approved and can move forward with standard financing should that be necessary. Review of Town Parking Lot Fees In preparation of the Town Clerk's Office sending out parking permit renewals,the Town Board discussed parking fees and reviewed a schedule of current and past fees prepared by the Town Clerk. The Town Board asked that the Town Clerk gather information on other municipality's fees structure for their next Board Meeting. CALL TO ORDER 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. RECOGNITION OF SERVICE—Mark Rosenbaum—Planning Board Chair Supervisor Seligson read and presented an Award and Proclamation to Mr. Rosenbaum for his years of distinguished service to the Town. Marc Rosenbaum WHEREAS: Marc Rosenbaum has served with distinction as the Chair of the Mamaroneck Town Planning Board; and WHEREAS: Marc has served on the Mamaroneck Town Planning Board since April of 2002 and has been a member of the board for eleven years; and WHEREAS: Chairing the Planning Board is an important role and position in the Town that requires commitment,dedication and a considerable amount of work; and WHERAS: Marc's contribution of time and energy has benefited the Town; and WHEREAS: The Town would like to express our appreciation and gratitude to Marc; NOW,THEREFORE, BE IT RESOLVED,that I, Nancy Seligson,Supervisor of the Town of Mamaroneck,and the Town Board members hereby wish to congratulate and thank Marc Rosenbaum for his tenure on the Town Planning Board. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 201"day of March,2013. PRESENTATIONS-Autism Speaks and National Alliance on Mental Illness 3 March 20,2013 AUTISM SPEAKS WHEREAS: Autism is a national public health crisis proclaimed by the National Center for Disease Control; and WHEREAS: An estimated 1 in 88 children in the U.S. is on the autism spectrum—a 600 percent increase in the past two decades that is only partly explained by improved diagnosis; and WHEREAS: In,2007 the United Nations General Assembly adopted April 2nd as World Autism Awareness Day by unanimous consent,encouraging UN Member States to take measures to raise awareness about autism throughout society and to promote early diagnosis and early behavioral intervention; and WHERAS: The Town of Mamaroneck will be honoring the month of April as World Autism Awareness month by participating in the initiative"light it up blue"; and WHEREAS: Blue floodlights will be illuminated outside the Town Fire House,VAC building,and library for the month of April to raise global awareness for Autism; NOW,THEREFORE, BE IT RESOLVED,that I, Nancy Seligson,Supervisor of the Town of Mamaroneck,and the Town Board members hereby proclaim the month of April 2013 as World Autism Awareness Month in the Town of Mamaroneck. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 201"day of March,2013. NAMI (National Alliance on Mental Illness) WHEREAS: The Town of Mamaroneck would like to recognize NAMI as a resource for the community that helps to foster a greater open mindedness and sensitivity to individuals and families whose lives are affected with mental illness; and WHEREAS: The Town would like to honor the designation of May as Mental Health Awareness month by supporting NAMI in their first ribbon initiative educational campaign to bring the issue of mental illness to the forefront of our community; and WHEREAS: The Town of Mamaroneck is hereby giving permission to NAMI for the month of May to tie ribbons around trees in the Town for mental health awareness month; and WHEREAS: The Town will be participating in the ribbon initiative along with the support of 20 municipalities in Westchester in order to highlight mental health awareness month, and support NAMI's first 5k walk in Rye Town Park; and WHEREAS: We hereby congratulate NAMI on their educational ribbon campaign and wish them well in this community. NOW,THEREFORE, BE IT RESOLVED,that I, Nancy Seligson,Supervisor of the Town of Mamaroneck,and the Town Board members hereby recognize May 2013 as Mental Health Awareness month in the Town of Mamaroneck. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 201"day of March,2013. SUPERVISOR'S SUMMARY REPORT 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. 4 March 20,2013 CITIZEN'S COMMENTS None PUBLIC HEARING — Town of Mamaroneck Sewer District#1 The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet at the Town Hall, 740 West Boston Post Road, in Mamaroneck, New York, on March 20, 2013, at 8:00 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report, including an estimate of cost, in relation to the proposed increase and improvement of the facilities of Town of Mamaroneck Consolidated Sewer District, in said Town, being the purchase of a camera system, including incidental expenses in connection therewith, at a maximum estimated cost of$70,000. 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, said regulations provide will not result in any significant environmental effects. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, March 5,2013. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,the following was approved, In the Matter of PUBLIC The Increase and Improvement of the Facilities of INTEREST Town of Mamaroneck Consolidated Sewer District, ORDER in the Town of Mamaroneck, Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Town of Mamaroneck Consolidated Sewer District, in the Town of Mamaroneck, Westchester County, New York (the "Sewer District"), being the purchase of a camera system, including incidental expenses in connection therewith, at a maximum estimated cost of$70,000; and WHEREAS, at a meeting of said Town Board duly called and held on February 27, 2013, an Order was adopted by it and entered in the minutes specifying the said Town Board would meet to consider said increase and improvement of the Sewer District, and to hear all persons interested in the subject thereof 5 March 20,2013 concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on March 20, 2013 at 8:00 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard;NOW,THEREFORE,BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make improvements to the Town of Mamaroneck Consolidated Sewer District in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a camera system, including incidental expenses in connection therewith, at a maximum estimated cost of$70,000. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the following was approved: BOND RESOLUTION DATED MARCH 20, 2013. A RESOLUTION AUTHORIZING THE ISSUANCE OF $70,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE TOWN OF MAMARONECK CONSOLIDATED SEWER DISTRICT IN THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK. WHEREAS, the capital project hereinafter described 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, the implementation of which as proposed,said regulations provide will not result in a significant environmental effect; and WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to increase and improve the facilities of the Town of Mamaroneck Consolidated Sewer District in the Town of Mamaroneck, Westchester County, New York (the "Sewer District"), being the purchase of a camera system, including incidental expenses in connection therewith,at a maximum estimated cost of$70,000; NOW,THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the facilities of the Town of Mamaroneck Consolidated Sewer District in the Town of Mamaroneck, Westchester County, New York, being the purchase of a camera system, including incidental expenses in connection therewith,at a maximum estimated cost of$70,000,there are hereby authorized to be issued $70,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $70,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. 6 March 20,2013 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Sewer District in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor,consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the Supervisor shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals,in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money,or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 7 March 20,2013 PRESENTATION—Federal Emergency Management Agency(FEMA) Revised Flood Maps Additionally Present: Liz Paul,Town Environmental Planner and Greg Coulson, Representative from FEMA The following statement is part of a letter to Supervisor Seligson dated January 22,2013 from Timothy P. Crowley, Director, Mitigation Division, FEMA Region II Dear Ms.Seligson, To assist in rebuilding efforts, the Federal Emergency Management Agency(FEMA)is providing Advisory Flood Elevation(ABFE)information to affected communities in coastal New Jersey and New York. Base Flood Elevations(BFEs), shown on many current Flood Insurance Rate Maps(FIRMs), are based on studies performed more than 25 years ago. The ABFEs being provided to you represent the most up-to-date fold hazard information available for your community. The maps have been produced using updated coastal study methodologies and topographical data and leverage data from on-going FIRM updates in these areas that were planned for release in summer 2013. The enclosed ABFE maps are an interim product your community can use during reconstruction to ensure new structures and repairs to substantially damaged structures are protected to a level that minimizes future flood damage. Flood Insurance premiums are lower for buildings in high-risk areas that are elevated above the National Flood Insurance Program(NFIP) minimum requirements. Additionally, communities that participate in the NFIP Community Rating System(CRS)Program can receive credit for adopting standards higher than the NFIP minimum requirements. This can result in premium discounts for policyholders in high-risk areas Mr.Coulson presented a PowerPoint titled, Understanding Advisory Base Flood Elevations(ABFEs)and distributed List of Properties in the Town of Mamaroneck Effected by New FEMA Map Changes. Mr.Coulson stated that FEMA would like the Town to accept the new Flood Maps in anticipation of being required to accept them in the future. Mr.Coulson stated that if the Town wishes to remain in the National Flood Insurance program the Town will need to adopt these maps. Mr. Maker stated that the Town will need to amend the Zoning Code in order to accommodate additional building heights in order to accept the raised homes. Mr.Coulson stated that the Town's Building Department should pay special attention to this information. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson,then on motion of Commissioner Elkind Eney,seconded by Commissioner Wittner,the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Phyllis Wittner Commissioner: Ernest C. Odierna Commissioner: Abby Katz Commissioner: Jaine Elkind Eney 1. FIRE CLAIMS On motion of Commissioner Elkind Eney,seconded by Commissioner Odierna,it was 8 March 20,2013 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: A&M Industrial Supply Repairs to Altair 4X $75.00 AAA Emergency Co. Repairs to Streamlight 11.70 Atlantic Westchester Repairs to Heat Unit in Career Staff Day Room 187.50 Brewer Handles for Pail 7.90 Cablevision Cable Service 2/23-3/22/13 143.99 CDW-G Toner 127.00 Con Edison Gas Service 1/30-3/1/13 1,093.43 Galls Career Staff Uniforms 918.60 New England Uniform B.Collins ex-Chief Uniform and Badges 321.00 Poland Springs Rent for Water Cooler-1/19-2/18/13 99.96 Ricoh Copier Service 2/22-3/21/13 204.35 Sound Shore Contracting Repair to Two Toilets 213.00 Sound Shore Pest Control Exterminating Service on 2/26/13 65.00 Verizon Telephone Service 2/10-3/9/13 354.13 Verizon Wireless Wireless Service 1/27-2/26/13 248.30 Villa Maria Pizza Food for Fast Drill-2/27/13& Explorer Drill-3/6/13 145.20 Westech Elevator Services Maintenance for March 2013 175.00 Westech Elevator Services Repairs to Elevator after Power Outage 1,050.00 Total: $5,441.06 The above resolution was put to a roll call vote: Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Odierna Aye Commissioner Wittner Aye Commissioner Seligson Aye There being no further business to come before the Commission,on motion of Commissioner Katz, seconded by Commissioner Elkind Eney,the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization—Consultant Agreement— Multi-Hazard Mitigation Plan On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the following was approved WHEREAS,a Grant has been awarded to the Town of Mamaroneck for the preparation of a Multi-Hazard Mitigation Plan,and WHEREAS,The Disaster Mitigation Act of 2000 and the National Flood Insurance Program requires that all local governments adopt an approved mitigation plan in order to be eligible for future hazard mitigation prevention grant funding,and WHEREAS,the Town issued a request for proposals for the development of a mitigation plan in late January;two proposals were opened on February 27,2013. NOW THEREFORE, BE IT 9 March 20,2013 RESOLVED,that the Mamaroneck Town Board does hereby award the Contract to prepare a Multi-Hazard Mitigation Plan to ETG of Hauppauge, NY in the amount of$43,628.00,and BE IT, FURTHER RESOLVED,that the Town Administrator is hereby authorized to execute said Contract on behalf of the Town. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 2. Authorization—Amendment to Retainer Agreement—General Counsel On motion of Councilman Odierna,seconded by Councilwoman Wittner,it was RESOLVED,that the Mamaroneck Town Board does hereby approve of the Renewal Agreement between the Town of Mamaroneck and William Maker, Attorney for the Town,for the years 2013 and 2014, with all terms and conditions of the retainer to remain unchanged except the annual retainer shall increase from$87,000.00 to$90,000.00,and BE IT, FURTHER RESOLVED,that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. 3. Resolution—Fund Balance Policy Supervisor Seligson noted that the Town Board has discussed this at length during Work session,adding how helpful it is to have a policy in place to always address the fund balances and to maintain a 15—20% surplus in all funds. On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,it was RESOLVED,that the Mamaroneck Town Board does hereby approve of the Fund Balance Policy as follows: Town of Mamaroneck New York Fund Balance Policy in accordance with GASB Statement No.54 Purpose: The Town of Mamaroneck,in order to address the implications of Government Accounting Standards Board (GASB)Statement No.54, Fund Balance Reporting adopts the following policy. The policy is prepared to consider the implications of unanticipated events that could adversely affect the Town's financial condition and impact the continuation of municipal services. This policy establishes the framework for the Town of Mamaroneck to maintain adequate fund balances and reserves in order to: Provide sufficient cash flow for daily financial needs and commitments Protect and maintain investment grade bond ratings Offset significant economic downturns or revenue shortfalls Provide funds for unanticipated expenditures and events related to emergencies 10 March 20,2013 Minimum unassigned fund balance- The Town of Mamaroneck will endeavor to maintain a minimum of unassigned fund balance in its General Fund, Highway Fund and Special District Funds ranging from 15%- 25%of the subsequent year's budgeted appropriations. The minimum fund balance is to protect against cash flow shortfalls related to the timing of projected revenues and to maintain a stable budget. Replenishing of Fund Balances-When fund balances fall below the minimum 15 percent,the Town will replenish the fund balances using various budget strategies including but not limited to the following: The Town will reduce recurring expenditures to eliminate any structural deficit The Town will increase taxes,fees for services or pursue alternate funding sources. Follow strategies that are a combination of the two alternatives described above. To ensure the timely replenishment of fund balances in each of the budget funds the following time periods are as established as benchmarks for Town staff to follow: Should a fund balance fall below 15%of the subsequent year's appropriations,such fund balance shall be replenished over a period not to exceed two years. Should a fund balance fall below 15%and 20%of the subsequent year's appropriations,such fund balance shall be replenished over a period not to exceed four years. Should a fund balance fall below 20%and 25%of the subsequent year's appropriations such fund shall be replenished over a period not to exceed six years. Should unassigned fund balances in any Town fund exceed the maximum of 25%of budgeted appropriations;the Town will give consideration to using the fund balance surpluses for the following priorities: 1. For one-time expenditures that are non-recurring in nature or, 2. Capital expenditures such as equipment replacement,infrastructure improvements or repairs and facility improvements 3. Offset recurring expenditures however this use of funds should be carefully evaluated to avoid future fund balance deficiencies. The use of surplus funds for this purpose should be considered where there is a reasonable expectation that the surplus funds can be replenished in the time periods specified in this policy. Subject to final review and approval by the Town Board,the Town Administrator working in conjunction with the Town Comptroller and staff shall establish policies and procedures necessary for the implementation of this policy. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 4. Resolution—Health Insurance RESOLUTION REGARDING HEALTH INSURANCE Whereas, the Town of Mamaroneck subscribes to a group health insurance plan whereby Town employees can enroll for health insurance policies for themselves and their eligible dependents,and Whereas, on October 20, 2004, the Town Board passed a resolution which, among other things, requires the Town to pay the premiums for health insurance policies covering the Town's elected officials and their dependents while they are in office and under specified circumstances, to pay the premiums for health insurance policies covering certain elected officials and their dependents after such persons have left public office,and Whereas, the Town Board has determined that its October 20, 2004 resolution should be repealed and replaced with a new policy that substantially reduces the Town's obligation to pay the premiums for health insurance policies, 11 March 20,2013 Now, on the motion of Councilman Odierna, seconded by Councilwoman Katz, it is resolved as follows: FIRST.The Town Board resolution dated October 20,2004 hereby is repealed. SECOND. For the purpose of this resolution: "Decedent" means a Qualified Retired Official, a Qualified Elected Official or a Former Office Holder,who dies, "Elective Office" means the Supervisor of the Town, the other members of the Town Board, the Town Justices and the Town Clerk, "Eligible Dependent" means a Qualified Elected Official's, a Qualified Retired Official's or a Former Office Holder's child under twenty- six (26) years of age. Notwithstanding, if the definition of Eligible Dependent (or like term) in the Town's Plan or a Policy is different from this definition, the definition of Eligible Dependent (or like term) contained in the Town's Plan or a Policy shall be substituted for this definition of Eligible Dependent, "Former Office Holder" means a person (a) (i) who will have left Elective Office after holding an Elective Office (including any combination of those offices) for ten (10) or more consecutive years or (ii) who, when he/she dies, was holding an Elective Office and had held an Elective Office (including any combination of those offices) for ten (10) or more consecutive years and (b) who is neither a Qualified Elected Official nor a Qualified Retired Official, "Future Contributor" means a Former Office Holder who did not hold an Elective Office on January 15,2013, "Policy" means a health insurance policy issued pursuant to the Town's Plan, "Qualified Contributor" means a Former Office Holder (a) who held Elective Office on January 15, 2013 but who as of January 15, 2013 either(i) had not held an Elective Office (including any combination of those offices)for ten (10)or more consecutive years or(ii) had not attained fifty-five(55)years of age, "Qualified Elected Official" means(a) a person who held an Elective Office on January 15, 2013 and who, as of January 15, 2013, (i) had held an Elective Office (including any combination of those offices) for ten (10)or more consecutive years and (ii) had reached fifty-five(55)years of age, "Qualified Retired Official" means any person, who as of January 15, 2013 no longer held an Elective Office but currently is covered by a Policy, "Surviving spouse" means the person to whom a Qualified Retired Official a Qualified Elected Official or a Former Office Holder is married on the date of that person's death, "Town" means the Town of Mamaroneck. "Town's Plan" means the plan under which certain employees of the Town and/or their Eligible Dependents can have health insurance coverage. The Town's Plan and the Policies may change from time to time so that any reference in this resolution to either the Town's Plan or a Policy is a reference to the Plan and a Policy as either or both may be exist from time to time. THIRD. If requested by a person holding an Elective Office, the Town shall pay the premium for a single or a family Policy covering that person while that person holds an Elective Office and shall deduct from that person's compensation an amount equal to five(5%)of the premium for such Policy. FOURTH. The Town shall pay the premium for each single or family Policy that covers a Qualified Retired Official. FIFTH. If requested by a Qualified Elected Official or by someone acting on his/her behalf, the Town shall pay the premium for a single or family Policy covering that Qualified Elected Official once that person no longer holds an Elective Office. SIXTH. (a) If a Former Office Holder leaves Elective Office before attaining fifty-five (55) years of age,then upon request by the Former Office Holder or by someone acting on his/her behalf,the Town shall continue to pay the premium for a single or family Policy covering that person; provided that before each premium payment is due, the Former Office Holder or someone acting in his/her behalf pays the Town an amount equal to that premium. 12 March 20,2013 (b) If the Former Office Holder described in SIXTH. (a) attains fifty-five (55) years of age, the Town shall continue to pay the premium for a single or family Policy covering the Former Office Holder; provided that before each premium payment is due, a Qualified Contributor or someone acting in his/her behalf pays the Town an amount equal to fifteen (15%) of that premium and a Future Contributor or someone acting in his/her behalf pays the Town an amount equal to fifty(50%)of that premium. SEVENTH. If a Former Office Holder leaves Elective Office after attaining fifty-five (55) years of age, then upon request by that Former Office Holder or by someone acting on his/her behalf, the Town shall continue to pay the premium for a single or family Policy covering the Former Office Holder; provided that before each premium payment is due, a Qualified Contributor or someone acting in his/her behalf pays the Town an amount equal to fifteen (15%) of that premium and a Future Contributor or someone acting in his/her behalf pays the Town an amount equal to fifty(50%)of that premium. EIGHTH. If a Decedent leaves a surviving spouse,the Decedent's surviving spouse shall be allowed to subscribe for a single or family Policy covering such surviving spouse until the surviving spouse remarries. If the surviving spouse does so, the Town shall pay the premium for the first three (3) months following the month in which the Decedent shall have died. Thereafter,the Town shall continue to pay the premium for such Policy; provided that before each premium payment is due, the surviving spouse or someone acting in his/her behalf pays the Town an amount equal to that premium. NINTH. If on the date of the Decedent's death, the Decedent (i) is not married but has Eligible Dependents or(ii) is married and has Eligible Dependents and the Decedent's surviving spouse chooses not to request coverage, each of the Decedent's Eligible Dependents shall be allowed to subscribe for a Policy covering such Eligible Dependent but not the Eligible Dependent's family. If an Eligible Dependent does so, the Town shall pay the premium for the first three (3) months following the month in which the Decedent shall have died. Thereafter, the Town shall continue to pay the premium for such Policy; provided that before each premium payment is due,the Eligible Dependent or someone acting in his/her behalf pays the Town an amount equal to that premium. TENTH. A Qualified Retired Official, a Qualified Elected Official, a Former Office Holder or a person holding an Elective Office who is covered by a Policy which insures only that person may elect to be covered by a family Policy if that person is entitled to such coverage under the Town's Plan. ELEVENTH. The Town has the right to remove from the list of persons on the Town's Plan any person who is entitled to be covered by a Policy by reason of this resolution if that person is obligated to pay any part of the premium for such Policy but fails to make the payment required to be made under this resolution when that payment is due. TWELFTH. While a Qualified Retired Official, a Qualified Elected Official or a Former Office is alive, neither that person's spouse nor that person's Eligible Dependents shall have the right to subscribe for a Policy of their own. THIRTEENTH. Neither the spouse nor the Eligible Dependents of a person holding an Elective Office shall have the right to subscribe for a Policy of their own so long as their spouse or parent holds an Elective Office. FOURTEENTH. If(a) a person who, because of this resolution, is eligible for coverage under a Policy fails to qualify for, or is declined coverage under a Policy or(b) a Policy covering such person is terminated for any reason other than the Town's failure to pay premiums when it is required to pay such premiums under the terms of this resolution,the Town will have no obligation to acquire a health insurance policy for that person. FIFTEENTH. If under the wording of this resolution, a person would be eligible for coverage under a Policy but under the terms of the Town's Plan,that person is not eligible therefor, the Town will have no obligation to obtain a health insurance policy for that person. SIXTEENTH. If the Town's Plan is terminated and the Town does not subscribe to another group health insurance plan, the Town will have no obligation to obtain a health insurance policy for a person who, under this resolution,is eligible for coverage under a Policy. SEVENTEENTH. Neither (a) a person who, under this resolution, is eligible for coverage under a Policy but chooses not to request coverage nor (b) a person who, under this resolution, is eligible for coverage under a family Policy but chooses coverage under a single Policy shall be entitled to receive a payment in lieu of the coverage to which that person is entitled under the terms of this resolution. EIGHTEENTH. Should any provision of this resolution be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of invalidity or unconstitutionality shall not affect those provisions of this resolution which can be implemented without the invalid or unconstitutional provisions. If as a result of such judicial declaration,the Town is not permitted to pay for health insurance coverage to 13 March 20,2013 persons who, under this resolution would be entitled to such coverage, the Town shall have no obligation to pay for health insurance for such persons. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 5. Report of Bids—TA-13-08 Tennis Court Resurfacing&Transfer of Funds On motion of Councilwoman Elkind Eney,seconded by Councilwoman Wittner,the following was approved, WHEREAS,on March 14,2013 the Town publicly opened and read five bids for Contract TA-13-08 Tennis Court Rehabilitation at Memorial Park. NOW,THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby award Contract TA-13-08 Tennis Court Rehabilitation at Memorial Park to the lowest responsible bidder, Dalton Track&Tennis of Chelshire,CT,for a total price of$27,153.00,and BE IT, FURTHER RESOLVED,that the Town Administrator is hereby authorized to execute said Contract on behalf of the Town. On motion of Councilwoman Elkind Eney,seconded by Councilwoman Wittner,the following was approved, WHEREAS,the amount of the Contract for the Tennis Court Rehabilitation at Memorial Park is $2,153.00 dollars higher than the amount of the bond resolution authorized by the Town Board at its Meeting of February 27,2013. NOW,THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve The transfer of funds as detailed by the Town Comptroller as follows: AMEND CAPITAL PROJECT&BUDGET-TENNIS COURT REHAB.(2013) TOWN BOARD MEETING 3/20/2013 CAPITAL PROJECTS FUND(FUND H): INCREASE BUDGET: EXP H.7140.0400.2013.31 TENNIS COURT REHABILITATION(MEM. PK.) $2,153.00 REV H.0000.5032.2013.31 TRANSFER FROM PART TOWN $2,153.00 (CAPITAL PROJECT#2013-31) 14 March 20,2013 * Increase Capital Project Budget for 2013 Tennis Court Rehab project with$2,153 transferred in from Part Town Fund Balance. (Additional funding for project necessary due to lowest bid amount greater than initial funding authorized in$25,000 bond resolution approved by "Resolution of Town Board"on 212712013) ** Revised Capital Project Budget is$27,153 GENERAL PART TOWN FUND(FUND B): INCREASE BUDGET: EXP B.9900.9950 TRANSFER TO CAPITAL PROJECT $2,153.00 REV B.0000.5995 APPROPRIATED FUND BALANCE $2,153.00 * Increase budget with$2,153 of fund balance appropriated&transferred to Capital Proj.#2013-31. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 6. Authorization—Agreement with New Rochelle Humane Society On motion of Councilwoman Wittner,seconded by Councilman Odierna,it was RESOLVED,that the Mamaroneck Town Board does hereby approve of the Shelter Agreement between the Town of Mamaroneck and the New Rochelle Humane Society,and BE IT, FURTHER RESOLVED,that this Agreement will be a joint arrangement with the Village of Larchmont whereby the total annual fee of$17,000.00 for both Communities will be shared,with the Town's portion being$10,000.00 and the Village of Larchmont's share being$7,000.00, and BE IT, FURTHER RESOLVED,that subject to the form of the Agreement by the Town Attorney, the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 7. Authorization—Westchester County&Town Tax Warrant On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,the following was approved, 15 March 20,2013 STATE OF NEW YORK COUNTY OF WESTCHESTER ] SS: TOWN OF MAMARONECK ] THE PEOPLE OF THE STATE OF NEW YORK To Anthony S, Siligato, Receiver of Taxes of the Town of Mamaroneck in said County: You are hereby commanded pursuant to the provision of the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 20, 2013, by authority of Chapter 31:3 of Laws of 1934, to receive and collect from the several persons named in the Assessment Roll hereunto annexed by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, for the neglect to pay the Judicial, County, Town and Town district Taxes, relevies, charges for services, exemptions removed, and water arrears after the levy thereof as follows: Judicial and County Taxes - $40,404,718.00 Judicial and County Taxes (Relevy) 8,331.93 Town and Town District Taxes - 22,342,535.00 Town and Town District Taxes (Relevy) 3,773.56 Charges for Services - -0- Exemptions removed - -0- Water arrears - 1.7,141.74 7500_2_ And you are hereby directed to deposit to the credit of the Town of Mamaroneck into the JP Morgan Chase Bank, all of such monies so collected by you by virtue of this warrant. And you are further commanded to make and file with the undersigned, the Supervisor of the Town of Mararoneck, as required by the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended. And in case any person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties (after giving the notices and waiting the time as specified in said Act) you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, and for so doing this shall be your sufficient warrant. Given under my hand and seal at the Town of Mamaroneck, Westchester County, New York, on the 20th day of March 2013. ancyC son, ervisor ', 2019 TOWN WARRANT.()OC 16 March 20,2013 The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 8. Authorization—Closeout Capital Project 2000-11-13- Catch Basin Insert Project On motion of Councilwoman Wittner,seconded by Councilwoman Elkind Eney,the following was approved, WHEREAS,at the February 27,2013 Town Board Meeting,the Town Board authorized the close out of a number of Capital Projects, but inadvertently the Capital Project 2000-11-13 Catch Basin Insert Project was no included in the schedule. NOW,THERFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby approve the closeout of Capital Project 2000-11-13 Catch Basin Insert Project. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 9. Salary Authorization—Recreation &Community Services On motion of Councilwoman Elkind Eney,seconded by Councilwoman Wittner,it was RESOLVED,that as provided for in the 2013 Town Budget the Mamaroneck Town Board does hereby authorize the payment of salary to the following: Recreation Office—Effective 3/14/13—12/31/13 Dorothy Puleo P.T.Office Asst. $17.50/hr Hommocks Pool-Retroactive 3/5/13—12/21/13 Maxamillan Alfaro Lifeguard $11/hr Manager $16/hr John Keenan Lifeguard Instructor $26/hr The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 17 March 20,2013 On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,it was RESOLVED,that the Mamaroneck Town Board does hereby appoint Beresford Drummond to the title"Bus Driver"for the Meals on Wheels Program effective March 21,2013 at the rate of$30.00 per day. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye 10. Appointment—Boards and Commissions On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,the following was unanimously approved, WHEREAS,with the resignation of Mark Rosenbaum a vacancy on the Planning Board now exists. NOW THEREFORE, BE IT RESOLVED,that Ira Block be appointed to the position of Member G of the Town of Mamaroneck Planning Board to fill the unexpired term of Mr. Rosenbaum,and BE IT FURTHER RESOLVED,that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2019. On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,the following was approved, WHEREAS, with the resignation of Mark Rosenbaum as Chair of the Planning Board a vacancy as Chair now exists. NOW,THEREFORE, BE IT RESOLVED,that John Ortiz having served as Vice Chair of the Planning Board be appointed to the position of Chair of the Town of Mamaroneck Planning Board,and BE IT FURTHER RESOLVED,that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2013. APPROVAL OF MINUTES—February 27,2013 On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,it was unanimously RESOLVED,that the Mamaroneck Town Board does hereby approve the Board Minutes from the Meeting of February 27,2013. 18 March 20,2013 WRITTEN COMMUNICATIONS None REPORT OF COUNCIL Councilman Odierna noted his attendance at the Healthy Communities Meeting at the Rye Reading Room. On March 14th he attended the WMOA Dinner at Lake Isle hosted by the Town of Eastchester,adding the discussion was on Workers'Compensation. Councilman Odierna marched in the St. Patrick's Day Parade in the Village of Mamaroneck and attended County Executive Rob Astorino's Town Hall Meeting at the Mamaroneck Town Center on March 191H Councilwoman Wittner had nothing further to report. Councilwoman Katz noted that she was happy to host the Town's screening of the film 'Bag It',adding that the Village of Larchmont just passed a similar plastic ban law to the one recently passed by the Village of Mamaroneck. Councilwoman Katz attended the Planning Board Meeting,at which they continue to discuss applications from Winged Foot and Bonnie Briar golf clubs. Councilwoman Katz noted that as a resident she attended one of the GAR Workshops offered by the Town,adding it was informative and helpful to hear residents'questions and concerns. Councilwoman Katz also marched in the parade and attended the County Executive's Town Hall Meeting. Councilwoman Elkind Eney attended the Board of Architectural Review Meeting at which both the Winged Foot and Bonnie Briar Applications'were sent back for review. Councilwoman Elkind Eney attended the Library Board Meeting,adding that the Library will no longer be accepting donated books on an ongoing basis, but will have an annual donation event..There will be a Spelling Bee hosted by the Library;Judges include Supervisor Seligson, Larchmont Mayor Anne McAndrews and State Senator George Latimer.The Library is happy to report that the recent LegoFest raised $9,600.00. Councilwoman Elkind Eney also reported the Library Board discussed outstanding Library fees and security issues. Councilwoman Elkind Eney attended the Recreation Commission Meeting and announced the Town summer program registration has begun. Councilwoman Elkind Eney congratulated the Village of Larchmont Trustees,John Komar and Lorraine Walsh,as well as Village Justice Thea Beaver on their election. Councilwoman Elkind Eney attended the WMOA Dinner and the Summit Meeting at which they discussed school security. ADJOURNMENT On motion of Councilwoman Wittner,seconded by Councilwoman Katz the meeting was unanimously adjourned at 10:00 PM Submitted by Christina Battalia,Town Clerk 19