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HomeMy WebLinkAbout2019_04_03 Town Board Minutes April 3, 2019 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON APRIL 3, 2019, 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, Deputy Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION Additionally Present: Lindsay Luft, Administrative Assistant On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Work Session was unanimously opened at 5:00PM. Discussion – Development Proposal BLD Diner site Additionally present: Richard Hein Architect PC, Demetris Demetriou, R.A., Blendi Lula, Assoc. Architect, Mark Blanchard, Attorney, Michael Stein, Engineer and the owner of the BLD Diner owner Greg Casalo The representatives presented an updated and more detailed proposal from their initial presentation on th February 6. Of note was the addition of the public access walkway to the water. The proposal includes, although not required, implementation of several green policies. The proposed parking for approximately 120 vehicles for the development will be under a planted roof. No parking relief is required per zoning. The applicants emphasized that the proposal is a large reduction in impervious surfaces, noting of the 2.06 acres, 70% is currently paved. The proposal also creates two views of the wetlands directly from the street. The applicant also owns the building once occupied by Augie’s, and suggests discussion with the Town for concepts for its use. The development as proposed would require a zoning amendment and if the Town Board were to be amenable, the applicant would like to bring a fully drafted amendment to the Town Board for consideration. The zoning amendment they would be seeking is similar to the other BMUB district which is comprised of the Cambium. The Town Board noted the sensitivity of the school district to the student population, and the applicant responded that the proposal would be marketed and advertised to seniors with one and two bedroom apartments only. Discussion – DeLancey Burial Ground – Mamaroneck Historical Society Mike Tripicco and Peter Fellow, of the Mamaroneck Historical Society, discussed the proposed restoration project for the DeLancey Burial Ground. The Town Board had previously discussed the proposal and agreed to provide some funding. The representatives discussed in detail the proposal to clean and restore the head stones, document those buried, including an educational component, as well as reconstruction of a retaining wall that bordered the burial grounds. The proposed cost, including the reconstruction of the wall, is now $12,000, this is an increase from the original proposal of $10,000. The Mamaroneck Historical Society has raised $6,000 and is requesting the Town provide $4,000 to meet the original proposal of $10,000. The Town Board is in favor of funding the project in the amount of $4,000 and will make a formal approval at tonight’s regular meeting. Discussion – Proposed Local Law – Parking near Driveways A proposed law has been drafted in response to situations in the Town where vehicles are parked so close to driveway as to hinder the residents’ ability to pull out of their driveways. The proposed local law would make it a violation to park within five (5) feet of a private or public driveway. The proposed local law will be sent to the Traffic Committee for review. 1 April 3, 2019 Discussion – Reusable Bag Law The Town Board reviewed their proposed legislation ‘redlined’ from the original February 7, 2019 draft. The Town Board also discussed the Town’s draft legislation in light of the recently passed NYS legislation banning single use plastic bags. The laws are similar with one marked difference in the cost to the consumer of a paper bag. The Town Board discussed that cost, with some difference of opinion on what that cost should be. Supervisor Seligson stated that NYS interpretation guidance is needed to determine several aspects of the law passed by New York State. The Town has time to pass its own law. The Town would like to mimic the State law as much as possible. Discussion – Coyote Control The Town Board was informed that two residents of the Town have filed an incident report to the NYSDEC involving coyotes. The outcome of these reports was the issuance of permits to remove the coyotes by the NYSDEC. The Town Board discussed the problem in determining which coyotes are problematic and should be removed. Mr. Altieri will discuss with Ace Trapping, the Town’s pest management firm, and get their feedback. The Town Board also reviewed proposed legislation by Senator Shelley Mayer in connection with coyote management. Discussion – Local Laws Regarding Fees for Experts The Town Board reviewed the proposed local laws on this evening’s regular agenda to set the public hearings. New Business Councilwoman Elkind Eney presented, on behalf of the Fire Department, a new concept for the display of the Mechanical Bell at the Fire House. It was noted that the Fire Department took the Town Board’s previous advice and hired an architect to design the display. The Town Board would like to know the actual size of the monument. The Town questioned the removal of two trees, and would like to see the tree replacement closer to where the removed ones were. The Town Board requested that the Department work with Liz Paul, especially on new plantings. Overall the Town Board was happy with the new concept. Councilwoman Elkind Eney noted that the Fire Department is still concerned that the Fire Department logo is being utilized without proper permission, noting that a committee is being set up to establish a protocol for use of the logo. Christina Battalia discussed the upcoming Parking Permit renewals. Her Department will not be utilizing the Permitech software this year, but hopes to have the current issues addressed properly for the following year. Councilwoman Fiddelman reported on the recent meeting of the Housing Authority. The Housing Authority recommended that the Town, no matter what the planned outcome for the site, should consider the purchase of the buildings next to the Commuter Parking Lot along Vine Street. The Town Board asked Mr. Maker and Mr. Altieri to facilitate a valuation. Councilwoman Fiddelman also noted that the Housing Authority has issued their financial statement. Councilwoman Elkind Eney asked that the Town Board receive access control badges for entry to the building after hours. Mr. Maker informed the Town Board that in court yesterday the Town was victorious in defending the assessment appeal by the International House of Pancakes. Mr. Maker also informed the Town Board that the Town unfortunately lost its Freedom of Information case and by law will need to pay the plaintiff’s legal costs in the amount of $27,000. 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. 2 April 3, 2019 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 I have been closely following the State budget process for the past few months and even more closely this past week. The state budget was adopted this past Sunday and has several items of interest to the Town government including State aid to municipalities, tax cap tweaks, 1% sales tax increase in the County and plastic bag legislation. The Governor’s original budget proposed eliminating all state aid funding, known as AIM funding, which would have been a loss of $142,000 for the Town of Mamaroneck’s budget. AIM funding was restored – sort of- but will be funded from County’s sales tax rather than state budget funds. Municipalities were advocating for a change in the tax cap to remove the costs of investing in capital improvements from the cap. School districts and the state are not required to include those costs in their cap formulas. Unfortunately, the tax cap was made permanent with no changes. That makes it more difficult for municipalities to invest in, repair or renovate infrastructure if they try to stay within the cap. The Town’s Sustainability Collaborative and Town Board have been working on reusable bag legislation and we were in the middle of revising draft language for a law when the State surprisingly included plastic bag ban legislation in its budget. The law is quite different than the one we were drafting and we will have to determine whether we go forward with the State’s language or our own for a period of time. The Town Board continues to work toward revising the scope for an update of the Comprehensive Plan. We think that a strategic visionary plan would best serve the Town and want to ensure that we have the best possible public engagement and outreach plan. We hope to review a new RFP for a consultant next week. I participated in several sustainability meetings including improving recycling and sanitation at one of the clubs in the community, the Green Future Green Schools event sponsored by the Rye YMCA that focused on recycling and zero waste at area schools, and a World Water Day Symposium that focused on clean water for all and public private partnerships could help. The Town will be featured in a video by NYSERDA, NYS Energy Research Development Agency that will highlight energy savings efforts of 5 municipalities statewide. Steve and I met with them yesterday. I met with Senator Gillibrand’s Hudson Valley Representative, Lisa Hofflich, to talk about issues in the Town on which we could use the federal government’s attention. March was Women’s History month and I attended several events celebrating women on our region that I found inspirational and uplifting. I would like to create a Town of Mamaroneck Women’s history month event next year. Finally, organic waste pick up started today. That means that you can the Sanitation Commission will pick up leaves, grass, small branches and spring cleanup debris on the second pickup day of your garbage service. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board, and there was not. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind Eney, seconded by Commissioner Katz, the Board of Fire Commissioners was unanimously declared open. 3 April 3, 2019 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 CLAIMS On motion of Commissioner Katz, seconded by Commissioner Fiddelman, 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: VENDOR DESCRIPTION Scott short connection hose, 58 liter 4 gas mixture, fire hooks - keyless garage tool, double zip nut, GMI-Calibration,GMI AAA Emergency Supply Co. part, Lel Sensor Install, Streamlite Survivor Light repair 1,904.59 Amazon Supplies - wall clock, slings for Rescue Cribbing, Dawn 874.58 dishwashing liquid Atlantic Westchester, Inc. Ceiling heater issue, TSTAT replacement 676.20 CIT Xerox Copier contract charge 3/22/19 296.68 Grainger Trash bags 42.80 Grainger Trash bags 64.20 Home Depot Supplies - Wood for Basement Rooms 576.64 KVI Uniforms & Equipment, Inc Embroidery, Polo Shirts, Port Authority Polos 195.00 Minerva Cleaners Advanced pant inspection, Patches, Velcro, Restitching 553.05 New England Uniform, LLC Ties & gloves, hat badges, breast badges, LT. badge 949.00 Ready Refresh Water Cooler rental 2/19/19-3/18/19 122.96 Sound Shore Chiefs Association Yearly Dues Jan 2019 - Dec 2019 400.00 Sound Shore Pest Control Exterminating Services on 2/22/19 65.00 Town of Mam'k Fire Dept. Food for Department Drill 3/19/19 240.00 UniFirst Corporation Cleaning Supplies 3/15/19, 3/22/19 278.64 Verizon Fire HQ service 3/10/19 - 4/9/19 256.14 Villa Maria Pizza Food for Fast Drill 3/27/19 99.14 0.00 Total: 7,594.62 The above resolution was put to a roll call vote: Commissioner King Aye Commissioner Fiddelman Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Seligson Aye 2. Other Fire Department Business Commissioner Elkind Eney read the Fire Report for the Month of March as submitted by Chief Russo as follows: March 2019 ALARM TYPE NUMBER Generals 30 Minors 24 4 April 3, 2019 Stills 3 Out of Town (Mutual Aid) 1 EMS 36 Drills 5 TOTAL 99 Total number of personnel responding: 825 Total time working: 38 hours and 33 minutes There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner Fiddelman, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN Authorization – Transfer of Funds – Water District On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the following was approved WHEREAS, Westchester Joint Water Works has advised the Town that cost estimates for Projects A-1342 Purchase Street Pressure Regulator, A-1344 North Barry Avenue Pressure Regulator, and A-1345 Mamaroneck Avenue Pressure Regulator need to be amended. NOW, THEREFORE, be it RESOLVED, that the Mamaroneck Town Board does hereby approve the budget amendment and the authorization for the transfer of funds in the amount of $85,540.00 for the Westchester Joint Water Works Projects A-1342 Purchase Street Pressure Regulator, A-1344 North Barry Avenue Pressure Regulator, and A-1345 Mamaroneck Avenue Pressure Regulator. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2. Authorization – Southeast Consortium Service Agreement On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the renewal agreement for the year 2019 between the Town of Mamaroneck and South East Consortium to provide special recreational programming for residents with various developmental disabilities and special needs, and BE IT, FURTHER RESOLVED, that 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: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5 April 3, 2019 3. Set Public Hearing – Parking Near Driveways - Deferred 4. Set Public Hearings – Fees for Experts On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby set the date for Public Hearings on the “Payment of the fees for experts needed by the Town in connection with reviewing applications for Subdivision Plat approval” Law, the “Addition of the fees for experts needed by the Town in connection with reviewing applications for Wetlands Permits” Law, the “Payment of the fees for experts needed by the Town in connection with reviewing applications for Special Permits” Law and the “Payment of the fees for experts needed by the Town in connection with reviewing applications for Special Permits” Law, for April 24, 2019 at 8:00PM at the Town Center, 740 West Boston Post Road, 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. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. Consideration of Certiorari On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: H & L Associates 431 Fayette Avenue Section/Block/Lot: 8-30-252.2 Town of Mamaroneck/Village of Mamaroneck Years Current Assessment Reduction Resulting Assessment All (2013-2017) $2,060,000 $ 235,000 $1,825,000 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 Councilman King, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: 6 April 3, 2019 Porzio & Associates 225-231 Mamaroneck Avenue Section/Block/Lot: 9-6-76 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduction Resulting Assessment 2013 $3,500,000 $ 500,000 $3,000,000 2014 $3,500,000 $ 500,000 $3,000,000 2015 $3,500,000 $ 500,000 $3,000,000 2016 $3,500,000 $ 500,000 $3,000,000 2017 $3,800,000 $ 800,000 $3,000,000 2018 $3,800,000 $ 800,000 $3,000,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye ADDED ITEM 6. Authorization – DeLancey Burial Ground On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the Increase Revenue to Account A.0000.5995 in the amount of $4,000, and the Increase Expense to A.8810.4100 in the amount of $4,000, to help fund the restoration project for the DeLancey Burial Ground. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye APPROVAL OF MINUTES – March 20, 2019 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 20, 2019. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. 7 April 3, 2019 ADJOURNMENT On motion of Councilwoman Elkind Eney, seconded by Councilman King, the meeting was unanimously adjourned at 9:00 PM ________________________________ Submitted by Christina Battalia, Town Clerk 8