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HomeMy WebLinkAbout2019_03_20 Town Board Minutes March 20, 2019 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON MARCH 20, 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 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Work Session was unanimously opened at 5:00PM. Discussion - Comprehensive Plan Supervisor Seligson stated that a new RFP needs to be created, recognizing the new direction of the Town Board. Supervisor Seligson stated an initial step should be to reach out to the individuals in New Castle who initiated and facilitated their public outreach. Supervisor Seligson has spoken with Sabrina Charney, the Planner for New Castle, and the person who recently presented at the PACE University Comprehensive Plan forum. Ms. Charney emphasizes the public outreach as the most important step. Supervisor Seligson read some highlights from the New Castle’s outreach model. Supervisor Seligson noted that all of the outreach for New Castle was done with a public outreach firm and not a planner. The Town Board discussed their desire to separate out the public outreach form the Comprehensive Plan, and how best to achieve that. The new RFP, specific to outreach, should be very specific with very clear expectations. The Town Board will work more on the specifics of an RFP, before it is given to Mr. Altieri for distribution to public outreach firms. The Town Board will look to meet again at a special meeting to focus on this project. Supervisor Seligson will also follow up with Ms. Charney on additional questions the Town Board had for her. Discussion – Community Solar Project On motion of Supervisor Seligson, seconded by Councilwoman Fiddelman, the Town Board requested a closed session to receive advice of Council On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the closed session for Advice of Counsel ended and the Worksession resumed. Discussion – Proposed Mamaroneck School Intermunicipal Agreement The Town Board reviewed the agreement and accompanying memo from Mr. Altieri, outlining an agreement to provide the School District access to the fueling depot at Maxwell Avenue. Mr. Altieri noted that the Town can easily accommodate the school capacity, adding this is a good neighbor thing to do. Supervisor Seligson noted that the Town should be recognized at the State for this shared service. Discussion – Reusable Bag Legislation Supervisor Seligson stated that she received a call from Jay Pelts, the Lobbyist for the Supermarket industry, and the individual who was very vocal during the Town’s previous initiative. Mr. Pelts believes that banning plastic bags encourages the use of paper, a claim the Supervisor refutes. The Town Board 1 March 20, 2019 reviewed the law again in its entirety making additional changes. Mr. Maker will create a new draft based on these comments. Review – Bond Counsel Letter – Housing Authority The Town Board reviewed a letter from bond counsel dated March 1, 2019. Bond Counsel was asked to review the Housing Authority’s financing plan for an additional affordable housing project. The letter will be forwarded to the Housing Authority who is set to meet next week. New Business The Town Board discussed the Healthy Yards Initiative to minimize the use of pesticides in our community through the use of a ‘pledge’ initiative. Residents pledging not to use pesticides would display lawn signs publicizing their commitment. The Sustainability Collaborative is seeking guidance from the Town to roll out the initiative, using Rye’s initiative as a blue print. he Sustainability Collaborative is also seeking Town Board approval to expend budgeted funds on the initiative. The Town Board agreed that the Collaborative could use already budgeted funds. The Town Board reviewed four laws all having to do with reimbursements for costs of experts in relation to Subdivision Approval, Special Permit Approval, Wetlands Permits and applications before the Zoning Board of Appeals. A correction to the ‘purposes’ will be made and Mr. Maker will have new drafts for the Town Board to review at the next meeting. The Town Board addressed a resident request to waive tax penalties by invoking the waiver for furloughed government employees during the government shutdown. This was researched by the tax department, and in fact there is a federal law with such a waiver. Considering this individual was not a furloughed employee and there have been no other such requests from eligible residents the Town Board took no further action. 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 Please be reminded to make sure recycling is placed in appropriate bins and not in plastic bags. The County will not accept recycling in plastic bags. The recent article about problems with recycling material and recycling programs on the front page of the New York Times doesn’t apply to Westchester County. Because the County has a dual stream recycling program, our material is not contaminated and is still marketable. We are still selling our recycled materials. Sewer repairs under the SSES program with Westchester County began today in the Town. The phase of work that began today is repairs requiring excavation and repair of manholes and/or sewer lines. The contractor, ELQ industries should be here for the next six to eight weeks. The next two weeks of construction schedule includes repairs on  Colonial Avenue  Clover Street  Edgewater Place  Moran Place  Birch Road  Byron Lane Jaine, Sabrina and I attended the County’s Women’s Empowerment Breakfast event celebrating th International Women’s Month on March 8. It was wonderful to be with 800 hundred women, and 2 March 20, 2019 a few men, and hear many special women speak including the Lt. Governor Kathy Hockul and Attorney General Leticia James. I attended an event on programming for Boomers and seniors held at the Larchmont library. Town Coordinator of Senior Services, Maria Gallagher and Director of Community Services, Anna Danoy presented. Last week Jaine and I attended the ACOE meeting on the interim report reading storm surge barrier proposal. The ACOE is reviewing 5 different scenarios to protect NY and NJ Harbor from storm surge. The problem is that they haven’t’ taken into account the effect of the barriers outside the study area which includes Westchester County, LI and CT. They also will not consider sea level rise in this analysis. The interim report looks at the cost benefit ratios of the 5 scenarios to determine how to proceed. Many municipal leaders, environmentalists, and water dependent businesses are registering concerns about the scenarios. I met with Senator Schumer’s Hudson Valley Regional Staff, Lori Nguyen last week and told her about the need to reverse the SALT taxes, postal service problems, the ACOE storm surge barrier proposals and more. We had a nice WMOA dinner in Somers last week with Lou Vittrone, Deputy Commissioner of WC DEF who talked about Recycling and garbage. Finally, what a parade! Sundays’ Soundshore St. Pat’s parade in the Village of Mamaroneck was brimming with people in the parade and watching the parade. It was a great turnout on a beautiful day. PUBLIC HEARING – “Elimination of Seasonal Employees from the List of Employees Required to Make the Certification Mandated by the Code of Ethics and the Addition of the Position of Deputy Town Administrator to the List of Sensitive Positions” Law The following Notice of Public Hearing is entered into the record as follows: LEGAL NOTICE 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 March 6, 2019 a Public Hearing will be held on Wednesday, March 20, 2019 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: “Elimination of Seasonal Employees from the List of Employees Required to Make the Certification Mandated by the Code of Ethics and the Addition of the Position of Deputy Town Administrator to the List of Sensitive Positions” Law. Purpose Currently, section 17-6 B. of the Town Code requires each employee to certify annually that he/she has read the Town’s Code of Ethics and has not knowingly or willfully violated that Code. The Town hires a number of seasonal employees who work for limited periods of time during the year. Examples include persons employed to work at the ice rink, the summer camps and the pool. The Town Board continues to maintain that it is important for employees who work all year long, whether in a full or part-time capacity, to make the certification mandated by the Code of Ethics, but finds it unnecessary for seasonal employees to do so. This local law exempts seasonal employees from the certification requirement by modifying the definition of “employee” to include only full-time employees. The title of Deputy Town Administrator has been created. By this local law, that position is added to the list of Sensitive Positions in the Code of Ethics. The full text of this document can be viewed on the website or copies can be obtained at the Town Clerk's office during regular hours, Mon-Fri, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, NY 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. 3 March 20, 2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: March 14, 2019 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following Local law was approved: Local Law No. 2 - 2019 This local law shall be known as the “Elimination of Seasonal Employees from the List of Employees Required to Make the Certification Mandated by the Code of Ethics and the Addition of the Position of Deputy Town Administrator to the List of Sensitive Positions” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: Currently, section 17-6 B. of the Town Code requires each employee to certify annually that he/she has read the Town’s Code of Ethics and has not knowingly or willfully violated that Code. The Town hires a number of seasonal employees who work for limited periods of time during the year. Examples include persons employed to work at the ice rink, the summer camps and the pool. The Town Board continues to maintain that it is important for employees who work all year long, whether in a full or part-time capacity, to make the certification mandated by the Code of Ethics, but finds it unnecessary for seasonal employees to do so. This local law exempts seasonal employees from the certification requirement by modifying the definition of “employee” to include only full-time employees. The title of Deputy Town Administrator has been created. By this local law, that position is added to the list of Sensitive Positions in the Code of Ethics. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 17-4 of the Code of the Town of Mamaroneck hereby is amended by deleting the definition of EMPLOYEE and substituting the following definition of EMPLOYEE in its place: EMPLOYEE Each officer, volunteer or employee of the Town of Mamaroneck, whether paid or unpaid, whether elected or appointed, whether serving in a full-time, probationary or permanent part-time or advisory capacity. Volunteers whose responsibilities do not give rise to possible violations of these rules shall not be considered "employees" for the purpose of this article. The Town Board shall determine which volunteers shall be considered "employees" for this purpose. Section 3 – Amendment of a current section of the Mamaroneck Code: Section 17-4 of the Code of the Town of Mamaroneck hereby is amended by adding the following title to the list of Sensitive Positions: SENSITIVE POSITION N. Deputy Town Administrator and by relettering the existing sections 17-4 N. through and including 17-4 QQ. to sections 17-4 O. through and including section 17-4 RR. 4 March 20, 2019 Section 4 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 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 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 CLAIMS On motion of Commissioner Elkind Eney, 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 AAA Emergency Supply Co. New Storz to hydrant adaptor, Desk top charger, truck charger $2,000.00 Clean Air Co., Inc. 59.20 Pressure Sensor for fan Clean Air Co., Inc. Service/ repair to system 506.80 Con Edison Fire HQ Gas service 1/10-3/1/19 1,660.42 FireCompanies.Com Platinum Package - Hosting & maintenance 209.97 Hi-Tech Fire & Safety, Inc. Minerva repair/uniform adjustment 289.00 R. G. Brewer Inc. Bolts 21.55 Ready Refresh Water Cooler rental 1/19/19-2/18/19 122.96 Seagrave Fire Apparatus Rental of Seagrave loaner ladder - 3/5/19 7,500.00 UniFirst Corporation Cleaning Supplies 3/1/2019 129.45 United Communications Corp. Min V for Warranty Repair, Minitor V belt clip 453.23 Villa Maria Pizza Food for Explorer/New Member Drill 3/16/19, for Fast Drill 9/20/18 174.71 Westch Elevator Services, Inc. Maintenance for month of March 2019 175.00 WJWW Water Charges 1/26/19 - 2/25/19 6.46 WJWW 205 Weaver St. charges 1/28/19 -2/25/19 82.24 5 March 20, 2019 0.00 Total: $13,390.99 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 There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization – 2019 Town and County Property Tax Warrant On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Tax Warrant and authorizes the Supervisor to execute the Warrant. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2. Authorization – School District Intermunicipal Agreement On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Agreement between the Town of Mamaroneck and the Mamaroneck Union Free School District for the District’s use of the Town Fueling Depot at Maxwell Avenue, as amended to include language that if the Town was unable to provide fuel, the Town would not be liable, 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 Supervisor Seligson stated that the Town hopes to be recognized, even financially, for this shared service, knowing that at the State level these types of shared services are encouraged. 6 March 20, 2019 3. Authorization – Transfer of Funds – Water District On motion of Councilwoman Katz, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the budget and transfer of funds in the amount of $10,826.00, to close out the Capital Project 2016-12 Barry Avenue Macy Road Water Main, as detailed by the Town Comptroller in the following schedule: ATTACHMENT A The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 4. Salary Authorization – Senior Recreation Leader On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Eileen Puleo to the position of Senior Recreation Leader effective April 1, 2019 at an annual salary of $67,295.00 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. Salary Authorization – Maintenance Worker Stipend On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the annual stipend of $2,800 payable to the Maintenance Worker for performing managerial duties at the Hommocks Ice Rink, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby approve the amendment to the Civil Service Employees Association Agreement to include the provision in Article 22 – Salary and Wage Administration, Section 5, to include this stipend. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6. Settlement 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: 7 March 20, 2019 Point Club Real Estate, Inc. and beach Point Club, Inc. 1052 Rushmore Avenue and 900 and 902 Rushmore Road Section/Block/Lot: 9-46-142 Section/Block/Lot: 9-46-67 and 9-47-198 Town of Mamaroneck/Village of Mamaroneck Year Current Aggregate Reduction Resulting Aggregate Assessment Assessment 2013 $16,557,000 $ 3,807,000 $12,750,000 2014 $16,557,000 $ 3,777,000 $12,780,000 2015 $16,763,000 $ 4,113,000 $12,650,000 2016 $16,673,000 $ 3,463,000 $13,300,000 2017 $16,808,000 $ 3,058,000 $13,750,000 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 Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: 2325 Realty, Inc. 2324 Boston Post Road Section/Block/Lot: 7-1-316 Town of Mamaroneck/Village of Larchmont Year Current Assessment Reduction Resulting Assessment 2015 $2,165,000 $ 725,000 $1,440,000 2016 $2,165,000 $ 715,000 $1,450,000 2017 $2,165,000 $ 665,000 $1,500,000 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 Katz, it was unanimously 8 March 20, 2019 RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of March 6, 2019. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 9 March 20, 2019 10