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HomeMy WebLinkAbout2018_09_05 Town Board Minutes September 5, 2018 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON SEPTEMBER 5, 2018, BEGINNING AT 5:00PM IN CONFERENCE ROOM D AND CONTINUING AT 8:00 PM IN CONFERENCE ROOM C 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 Fiddelman, the Work Session was unanimously opened at 5:00PM. TAKEN OUT OF ORDER Discussion – Garit Lane Supervisor Seligson noted that there were residents from Garit Lane, Mona Robistelli and Vicky Ruggiero. Supervisor Seligson stated that thirteen letters went out to all residents of Garit lane. To date the Town has received five email responses. Councilwoman Katz stated that her research indicates that State approval for residential parking districts is only done under excruciating circumstances, adding that she does not want residents of Garit Lane to have a false sense that this could be accomplished. The residents’ asked for an explanation of what would be required for a residential parking district and Mr. Altieri gave specifics of the type of legislation needed. Supervisor Seligson gave a summary of the emails received, noting that three residents wished to keep the overnight the way it is now, but to pursue the residential parking district option, and two residents preferred to repeal the overnight parking. Based on the responses, the Town Board will watch and wait and readdress the situation if it becomes an issue again. Supervisor Seligson added in closing that this is the kind of issue that could be addressed in the Comprehensive Plan. Update – Charitable Donation (SALT) Supervisor Seligson noted that it appears that the IRS has made a determination. Supervisor Seligson stated that the Village Scarsdale and the Town of Rye, are the only municipalities moving forward to adopt this. In light of this the Town Board is not recommending that the Town move forward. Discussion – Rock Removal – Single Lots Supervisor Seligson stated that in years prior the Town spent considerable time creating legislation for rock removal. Currently the legislation limits sub-divisions to 180 days of chipping. There was a recent situation where chipping continued for months and the neighbors were very upset. Mr. Maker further explained that this extensive chipping was not for infrastructure, just for land mass. The Planning Board has commented that they feel the chipping should be limited to 15 days over all, not 15 consecutive. The Town Board discussed amending the current legislation to better reflect the intentions of what the Town wanted to accomplish. For example, change the number of days for a minor sub-division where infrastructure changes are not required, specifically to be more in line with the number of days for an individual lot, but possibly more than 15 days. Mr. Maker suggested that the threshold should be whether or not a new street is created. The Town Board discussed the difficulty the Building Department might have in handling an overall 15 days versus consecutive. Supervisor Seligson will speak further with Steve Marsh and ask if he would come to a worksession to discuss his perspective, as a developer, and as a Zoning Board Member. 1 September 5, 2018 Update – Palmer Avenue Wall The Town Board reviewed a memo from Mr. Altieri, dated August 31, 2018, outlining the current situation regarding the wall on Palmer Avenue in front of the Elkan Park Housing units. Mr. Altieri explained that “Palmer Avenue is a Westchester County owned road. The wall lies within the County’s right-of-way directly abutting the property line with the Elkan Park parcels and retains earth embankment on their property frontage. The sidewalk on Palmer Avenue next to the wall is the responsibility of the Town. Should there be any further deterioration of the wall, it could fall onto the sidewalk.” Mr. Altieri is advising that the “Town take preventative measures to avoid further damage to the Town’s infrastructure or injury to pedestrians using the sidewalk”. The Town has retained a structural engineer to determine how best to temporarily prop up the wall while the Town further determines who is responsible for the wall. Councilwoman Elkind Eney stated that she was part of a real-estate closing, a number of years ago, in which the wall was addressed. Councilwoman Elkind Eney will look back at the closing documents and deed for any relevant information. ADDED ITEM Councilwoman Elkind Eney reminded the Board Members to RSVP for the upcoming Fire Department BBQ. Additionally, Councilwoman Elkind Eney stated that the Fire Department is still working on finding a venue for th the upcoming Inspection Dinner slatted for October 19. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Board unanimously agreed to enter into an Executive Session to discuss a potential lease agreement. EXECUTIVE SESSION Potential Lease Agreement On motion of Councilwoman Fiddelman, seconded by Councilman King the Board unanimously agreed to resume the Regular Meeting. New Business Supervisor Seligson notified the Town Board of the resignation of the Attorney for the Westchester Joint Water Works, Guy Parisi. The Town Board discussed the upcoming Budget worksession. Mr. Altieri will put together an amended calendar 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 The Town had a good summer with fully subscribed and successful camp programs and outdoor movies and concerts in Memorial Park (all held as zero-waste events). Many people participated in the events and hundreds of children participated in the camps. The Town held two wonderful BBQ events: one for the senior center and one for employees. Thanks to Chef Steve Altieri and sous chefs Jill Fisher, Anna Danoy and Joe Russo. I’m happy to say the Town experienced no flooding during the latest strong rain events. The Gardens Lake (Duck Pond) restoration and plantings project has gone out to bid. The bubblers in the pond are working. The sewer restoration and repair project will go out to bid in the fall. The Town expects to invest over $2 million to improve the sewer pipes this year. 2 September 5, 2018 I had the opportunity to speak at a NY State Assembly Committee on Environmental Conservation hearing to talk about Long Island Sound water quality. The 2019 budget process is beginning and we’ve learned that the allowable tax levy increase for the Town in 2019 is 2.02%. th There are several upcoming events to look forward to in September: Saturday September 15 is the nd Coastal Cleanup at Hommocks Conservation Area starting at 10:00 am and Saturday September 22 is the One Year Anniversary Celebration of the Food Waste Composting Program at the Larchmont Farmers Market at 10:00. PUBLIC HEARING – “Restriction on Parking on a Portion of the East Side of Murray Avenue from its Intersection with Forest Avenue” Law The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, and pursuant to a resolution of the Mamaroneck Town Board adopted on August 22, 2018 a Public Hearing will be held on Wednesday, September 5, 2018 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: “Restriction on Parking on a Portion of the East Side of Murray Avenue from its Intersection with Forest Avenue” Law. Purpose The parking of automobiles on the east side of Murray Avenue within one hundred fifty (150) feet of its intersection with Forest Avenue raises safety concerns. Preventing parking along this length of the east side of Murray Avenue will improve safety for automobiles and pedestrians. 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. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: August 29, 2018 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law. Howard Leaf, 282 Murray Avenue, addressed the Town Board. Mr. Leaf commented by applauding the Town Board and the Traffic Committee for proposing this legislation, but suggests making the opposite side an alternate day, as well as making the restriction only during school hours, and not all day. Herb Lebitz, 280 Murray Avenue, addressed the Town Board asking for specifics of how this law would affect his property, currently he has a very difficult time getting out of his driveway with so many cars parked. The Town Board agreed that modifications to the proposed law should be made, and requested that Mr. Maker redraft a legislation for discussion at the next worksession. At that meeting a new public hearing could be set. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously adjourned until October 3, 2018. 3 September 5, 2018 CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board. Tom Dorf, of the Larchmont Gardens’ Civic Association, addressed the Town Board. Mr. Dorf noted that he will share a photo of the weed that is taking over at the Lake. The Larchmont Gardens’ Civic Association is still trying to coordinate buying lunch for the Highway Department as a thank you for all their hard work. 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. 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 August as submitted by Chief Tortorella as follows: August 2018 ALARM TYPE NUMBER Generals 31 Minors 26 Stills 4 Out of Town (Mutual Aid) 1 EMS 38 Drills 4 TOTAL 100 Total number of personnel responding: 815 Total time working: 50 hours and 30 minutes nd 3. 2 Quarter Service Awards Report nd Commissioner Elkind Eney presented the 2 Quarter Service Awards, then on motion of Commissioner Elkind Eney, seconded by Commissioner Fiddelman, the service awards were accepted as follows: ATTACHMENT A 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. 4 September 5, 2018 AFFAIRS OF THE TOWN 1. Authorization – Transfer of Funds – Town Clerk’s Office On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the transfer of funds in the amount of $10,000 for the unexpended balance of the Townwide Fund into the A1410.1021 (Salaries Part Time) in order to permit the Town Clerk’s office to continue the scanning of the Town records into Laserfiche, through the end of December 2018. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2. Authorization – 2018 Water Rate Increase On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize for 2018 an increase of 3.5% to be applied to all applicable water use rates charged by the Westchester Joint Water Works, and that such rate increase shall be effective with the Westchester Joint Water Works water rate billing for September 2018. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Authorization – Contract Renewal – Lightpath Communications On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the renewal agreement between the Town of Mamaroneck and Lightpath, subject to the approval of the Town Attorney as to the form of the contract and subject to the inclusion of the changes described in the memo to the Town Board dated August 31, 2018 , 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 September 5, 2018 4. Authorization – AT & T First Net Cellular Service Authorization – NPPGOV Cooperative Purchasing Program On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve an agreement between the Town of Mamaroneck and AT & T for the AT & T First Net Program and for the Town to join the NPP Procurement Program subject to the approval of the Town Attorney to the forms of the contracts and that the Town Administrator be authorized to execute contracts for both programs. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. SEQRA Resolution – Sanitary Sewer Rehabilitation Project On motion of Councilwoman Fiddelman, seconded by Councilman King, the following was approved WHEREAS, the Town of Mamaroneck , New York (the Town) together with the City of New Rochelle, Village of Larchmont and the Village of Pelham Manor have jointly completed a sanitary sewer evaluation survey, and together are considering a project to rehabilitate the sanitary sewer systems (the “Project”); and WHEREAS, the Town desires to comply with the New York State Environmental Quality Review Act (“SEQR”) and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the “Regulations”) with respect to the Project; and WHEREAS, the Project is not subject to review under SEQRA because all aspects of the whole action are listed as a “Type II Action” under 6 NYCRR § 617.5 9c), including: Maintenance or repair involving no substantial changes in existing infrastructure – 617.5 (c) (1), Replacement, rehabilitation or reconstruction of infrastructure, in kind, on the same site – 6717.5 (c) (2), Re-paving of existing highways not involving the addition of new travel lanes – 617.5 ( c) (4), Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities – 617.5 (c) (5), and Extension of sanitary sewers to render service in existing developed areas – 617.5 (c) (11) NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board hereby declares that the Project constitutes a “Type II Action” under 6 NYCRR § 617.5 (c) (1-2-4-5-11) and that no further action under SEQR Act and the Regulations is required; and BE IT, FURTHER RESOLVED, that this resolution shall take effect immediately. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6 September 5, 2018 6. Authorization – Rider to Urban County Cooperative Agreement On motion of Councilwoman Katz, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Rider to the Urban County Cooperative Agreement – FY 2019-2021 between the County of Westchester and the Town of Mamaroneck to amend paragraph 16, and BE IT, FURTHER RESOLVED, that the Town Supervisor 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 7. Settlement of Certiorari 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: JP Morgan Chase 113 Chatsworth Avenue Section/Block/Lot: 6-3-1 Town of Mamaroneck/Village of Larchmont Year Assessment Amount of Reduction Reduced Assessment 2013 $2,300,000 $360,000 $1,940,000 2014 $2,300,000 $340,000 $1,960,000 2013 $2,300,000 $320,000 $1,980,000 2013 $2,300,000 $300,000 $2,000,000 2013 $3,000,000 $800,000 $2,200,000 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 Fiddelman, seconded by Councilman King, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Mount Pleasant Views, LLC 349 Mt. Pleasant Avenue Section/Block/Lot: 9-7-71 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2016 $1,685,000 $835,000 $850,000 2017 $1,500,000 $650,000 $850,000 7 September 5, 2018 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 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 Councilman King, the meeting was unanimously adjourned at 9:00 PM ________________________________ Submitted by Christina Battalia, Town Clerk ATTACHMENT A 8 September 5, 2018 9