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HomeMy WebLinkAbout2018_04_04 Town Board Minutes April 4, 2018 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON April 4, 2018, 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 Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilwoman Sabrina Fiddelman Councilman Jeffery L. King ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator Connie Green O’Donnell, Assistant Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Work Session was unanimously opened at 5:00PM. Westchester Joint Water Works (WJWW) Additionally Present: Paul Kutzy Manager WJWW and Terry O’Neil Chief Operator WJWW Supervisor Seligson introduced the representatives from WJWW. Mr. Kutzy as the new Manager, gave a brief history of his work experience. Mr. Kutzy then gave a detailed report of the direction he is taking the water works, as it differs from his predecessor. He is focusing on four areas 1.) Emphasis on operations 2.) Critical infrastructure 3.) Compliance status of court order from 1999 4.) Direction toward compliance with court order. Mr. Kutzy spoke in detail about the four areas of focus. Mr. Altieri distributed an additional memo dated April 4, 2018, titled Status Report Westchester Joint Water Works (WJWW) Capital Projects. Mr. Altieri’s memo included a chart detailing the projects originally discussed between the Town and WJWW, and additional projects and additional cost that were not part of the Town’s recent meetings with the WJWW. The Town Board discussed the new calculations provided by the WJWW for various projects, noting that these calculations were not addressed in the Town’s Capital Project Schedule. The schedule provided by Mr. Altieri also includes the proposed funding sources for the projects. TAKEN OUT OF ORDER Comprehensive Plan – RFP Additionally Present: John Nolon Creator of the Land Use Law Center at PACE University Because of Mr. Nolon’s expertise in land use law, he was invited by the Town Board to speak to them about the development of a Town Comprehensive Plan (CP). Mr. Nolon began by saying the State has given municipalities authority to develop comprehensive plans, and then to adopt land use legislations that adhere to the CP. Mr. Nolon also stated that creating a CP allows the Town to educate the public on what the Town has already accomplished, and that is a big benefit. Mr. Nolon suggested that the Town begin with what reports it has already completed and things that the Town has already done that would be considered in a CP. Then move forward by ‘filling in the blanks’. Mr. Nolon notied the importance of of bring in all the stakeholders from the get go. There are three ways to accomplish a CP; 1) The Town Board can do it 2) Town Board can appoint a special board, of which one member must be from the Planning Board 3) the Planning Board can do it. Final adoption is done by the Town Board. The Town Board should consider 1) goal 2) objective (purpose) 3) plan for implementation of goals and objectives. The objective to should include what’s already been done, plus new regulations and policies. Mr. Nolon then facilitated a detailed discussion with the Town Board of what comprises a CP, its main features, and how to’s. Mr. Nolon distributed a handout from the Land Use Law Center titled Comprehensive Planning, an excerpt from Mr. Nolon’s publication, Well Grounded: Using Local Land Use Authority to Achieve Smart Growth. Mr. 1 April 4, 2018 Nolon also noted that a CP can be targeted, i.e., a CP for a particular ‘issue’. Mr. Nolon stated the importance of integrating a way to move forward and continue by making a plan that is organic. The Town Board asked Mr. Nolon for examples of other municipalities who have created what he feels are successful CP’s. Mr. Nolon suggested the Town look at New Castle and Clarkston, as well as the committee that Sleepy Hollow created. Additionally, the Town Board was given a red lined version of the draft RFP for a CP prepared by Mr. Altieri. The red lined changes focused on specific portions of the land use code: FAR, Residential Site Plan and design guidelines. It added to the Traffic portion the inclusion of more complete streets concepts. Mr. Altieri also included in the latest draft, evaluating vacant or underutilized parcels as possible housing sites. Lastly, Mr. Altieri added a section for Recreation. The Town Board also received a copy of Mr. Nolon’s resume Community Development Block Grant Program The Town Board felt the memo provided for this item was clear and no further discussion was needed at this time. Discussion – Peddler’s Law The Town Board reviewed a memo from the Town Clerk requesting the Town Board review the current Peddler’s law. Of particular discussion, the Clerk asked the Board to consider what is required to obtain a permit. The Town Clerk feels that with the issuance of a permit allowing Peddler’s to go door to door is an implied sense that some form of credentials or even a background has taken place. This is not part of the law. The Town Clerk further stated that there is a difference in a food truck in which an individual chooses to approach the truck, versus a door to door solicitation which is less under the control of the resident. The Town Board discussed whether or not to only license food trucks. Mr. Maker will review the current legislation with Mr. Altieri and the Town Clerk, and prepare a draft for the Town Board to review. 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 welcome to attend. SUPERVISOR’S SUMMARY REPORT th I have several spring announcements. Organic waste pickup starts tomorrow, April 5. That means you can put yard waste on the curb and it will be picked up on the second day of your garbage collection. Postcards with information about the new sanitation website, lmsanitation.org, will be mailed tomorrow to residents in the Town of Mamaroneck and Village of Larchmont garbage commission. There is a phone app as well that will give you pick up schedules, notices and more. We will be sending a postcard to all residents of the unincorporated area reminding you to sign up for Town emergency notifications. Please go to the Town’s website, www.townofmamamroenckny.org, and click on the red alert button on the home page. We need to have your cell phone number and email address in order to reach you during a power outage. nd Sunday April 22 is Earth Day and the Town is celebrating with two events. The Recreation Dept. is holding their annual Bunny Hop race beginning at Memorial Park. The kid’s race starts at 8:30 and the 5K race begins at 9:00 am. The Conservation and Sustainability Departments are holding the Annual Spring Cleanup at Hommocks Conservation Area from 10:00 to 12:00. So if you want to cool down from your run by cleaning up one of the nicest natural spots in the Town, you have two great events. th A reminder that payment of tax bills is due April 30. 2 April 4, 2018 CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board. Albert Bajaio, 755 Forest Avenue, representing Larchmont Gardens’ Civic Association (LGCA), addressed the Town Board. Mr. Bajaio commended the Town for its handling of the last major storm, adding a big thank you to the Highway Department, Sanitation and all others for their diligent work on our streets and community. Mr. Bajaio would like to address the restoration of the arches on Myrtle Blvd, adding that the LGCA selected him to speak with the Town Board because of his architectural background. He would very much like to explore with the Town the possibility of restoring the arches. Mr. Bajaio noted the upcoming annual st meeting of the Association on May 21. The LGCA has sent letters out to the Brookside Drive residents to please inform their landscapers not to dump leaf and grass clippings along the Brook. Mr. Altieri responded to the issue of the arches, stating he will speak with the Town Engineer and have him reach out to Mr. Bajaio to meet and review the arches. PRESENTATION - Deferred BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King 1. Fire Department Business Commissioner Elkind Eney read the Fire Report for the Month of March as submitted by Chief Tortorella as follows: March 2018 ALARM TYPE NUMBER Generals 45 Minors 41 Stills 40 Out of Town (Mutual Aid) 1 EMS 36 Drills 2 TOTAL 165 Total number of personnel responding: 1,249 Total time working: 70 hours and 33 minutes There being no further business to come before the Commission, on motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the Commission unanimously adjourned and the Town Board reconvened. 3 April 4, 2018 AFFAIRS OF THE TOWN 1. Consideration of Certiorari On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Village Associates 7-11 North Avenue Section/Block/Lot: 6-2-864 Town of Mamaroneck/Village of Larchmont Year Assessment Amount of Reduction Reduced Assessment 2013 $2,436,000 $986,000 $1,450,000 2014 $2,436,000 $986,000 $1,450,000 2015 $2,436,000 $986,000 $1,450,000 2016 $2,436,000 $961,000 $1,475,000 2017 $2,436,000 $961,000 $1,475,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Rushmore Property of NY, LLC Section/Block/Lot: 9-29-101 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2011 $ 42,000 $ 6,500 $ 35,550 2012 $ 42,000 $ 6,250 $ 35,750 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye APPROVAL OF MINUTES On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of March 22, 2018. 4 April 4, 2018 REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT Supervisor Seligson closed the Regular meeting in memory of Eugene Grant. Mr. Grant was a philanthropic force in our community. He was instrumental in providing expertise and advice in creating the Hommocks Apartments, fighting against over development of David’s Island, and a constant volunteer with the Emelin Theatre. Mr. Grant was a wonderful person who always had a twinkle in his eye. Our sympathy goes out to his family and friends. RECONVENE – WORKSESSION Discussion – Vehicle & Traffic Law The Town Board reviewed a memo from the Town Clerk asking for a review a three sections of the draft Vehicle & Traffic Legislation (V&T) currently being worked on by she and Mr. Maker. The Town Board discussed the School Zones with respect to consistency in days of the week, and times of day, the current list of streets that allow overnight parking, and the truck limit on Myrtle Blvd. The changes/clarifications will be added by the Clerk to the draft V&T. Building Security Mr. Maker discussed with the Town Board his findings with respect to restricting guns in Town Buildings. Mr. Maker found specific example of NYS Attorney General opinions demonstrating that legislating guns is allowable. Mr. Maker further stated that he found no examples of an ‘absolute right’ to bear arms. Mr. Maker stated that the issue is more about pre-emission, adding that there are State statues that the Town cannot alter or supersede. In summary Mr. Maker believes the Town can defend legislation limiting gun carrying in Town Buildings, but added that it may not be without litigation. The Town Board discussed some things that should take place, and additional questions to be addressed, before the Town proceeds. Honeywell Report The Town Board received a copy of the Town of Mamaroneck Energy Cost Avoidance Report, Year Performance Period September 2016 – August 2017, issued by Honeywell. The Town continues to discuss the discrepancy in the energy savings as determined by Honeywell and as refuted by the Town’s consultant Celtic Energy. Mr. Altieri stated that ‘officially’ the Town has not accepted the report by Honeywell. The Town Board would like to arrange for representatives from Celtic to come to a worksession to discuss their report in person with the Town Board. New Business Supervisor Seligson stated that a meeting took place between herself, Leon Potak Trustee of the Village of Mamaroneck, and representatives from Mamaroneck Emergency Medical Service (MEMS). The meeting took place to continue discussing repairs that need to take place at the MEMS Building on North Barry Avenue, which is owned by the Village of Mamaroneck. One issue discussed is the fact that the Town cannot expend funds to repair a building it does not own. The Town has suggested leasing the building from the Village of Mamaroneck so it can legally help with the repairs. Additionally, at issue is the Ambulance District tax distribution for the Town of Mamaroneck and Rye Neck. It was proposed that a Special District be created for the Town of Rye. It was requested by the Village of Mamaroneck that more meetings take place with the Ambulance District and MEMS. The Town Board also asked for a draft lease of the North Barry Avenue MEMS building for the Town Attorney to begin to review. Councilwoman Elkind Eney updated the Town Board on the Fire Department’s discussion of repairing and redesigning the Fire House Bell, currently situated on the property. Councilwoman Elkind Eney explained that the project is being paid for by the Fire Department Exempts, but added that they would like the 5 April 4, 2018 Town’s blessing of the project. The Town Board reviewed design sketches, noting that the structure seems quite tall and the sketches seemed unclear as to materials being used. The Town would like to view better renderings. Councilwoman Elkind Eney will give the Fire Department the Town Boards’ feedback, and request better renderings. Additionally, Councilwoman Elkind Eney stated that the Fire Department is working through an issue with the use of the Department’s logo outside of official use, and may need to amend by-laws to address the use of the logo. Supervisor Seligson stated that there is a resident interested in helping the Town write the grant for the Electric Vehicle Charging Stations. th With respect to the upcoming Memorial Day Parade on May 24, it’s been agreed by the Village of Larchmont and the Town that each will select a Grand Marshal. Supervisor Seligson is suggesting former Councilman Ernie Odierna. The Town Board unanimously and favorably agreed. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the meeting was unanimously adjourned at 10:10 PM ________________________________ Submitted by Christina Battalia, Town Clerk 6