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HomeMy WebLinkAbout2020_03_04 Town Board Minutes March 4, 2020 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON MARCH 4, 2020, BEGINNING AT 5:00PM IN CONFERENCE ROOM C 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 Councilman King, seconded by Councilwoman Elkind Eney, the Work Session was unanimously opened at 5:00PM. OUT OF ORDER Review Format – Public Discussion 2399 Boston Post Road The Town Board reviewed a memo outlining the format for the public discussion. Supervisor Seligson will give an opening statement, Bill Maker will outline the process, the developer will present, the Town Board Members’ will be given a chance to comment, and then the public can speak. The public will be limited to three minutes if there are many attendees. The Town Board also reviewed what the Town’s options are. Bill Maker stated that the Town can reject the application or refer it to the Planning Board. A Planning Board referral is always required when there is a zoning change request. The Planning Board opinion is not binding. The zoning change being requested is for the property to be rezoned as part of the BMUB District, where currently they are in the SBR/R6 Zones. If the project were to be referred to the Planning Board, part of that process would be the Town would declare themselves lead agency, and the SEQR process would begin. Mr. Maker also clarified that even if a zoning change were granted, the applicant would still need to apply for a special permit and the Town would have some control over the plan of the overall building. The Town Board discussed the 300-foot radius for notification of property owners, and the fact that adjacent properties were not notified because they were not in the unincorprated area. The Town Board would like to review the current code with respect to the notification process. Update - Ice Rink Renovation Project The Town Board reviewed a memo from Mr. Altieri discussing the project’s soft and hard construction costs. Outlining the cost/revenue analysis, and the funding sources. It was noted that there is funding coming from donations, as well as $250,000 through State Senator Shelley Mayer’s Office. The Town Board also reviewed a memo from Calgi Construction, the Town’s construction manager, outlining their evaluation of the apparent successful bidder. Awarding of the contract is on the regular agenda for this evening. Discussion - Rock Removal Law Additionally, Present: Steve Marsh The Town Board had previously asked the Zoning Board and the Planning Board if they had any comments regarding the proposed rock removal law. The Town Board received and reviewed a letter from Zoning Board Member Steve Marsh. It was noted that Zoning Board of Appeals Co- Chairs Arthur Wexler and Irene O’Neill were both in favor of the comments in Mr. Marsh’s letter to the Town Board. The Town Board asked Mr. Marsh to come this evening to discuss his recommendations. A number of highlights from that discussion 1) discussion/clarification of chipping versus drilling 2) suggestion that predrilling be allowed before a rock removal permit is applied for 3) discussion of the radius area 4) vibration monitors versus 1 March 4, 2020 surveys. The Town Board also reviewed comments from Ralph Engel, the Chair of the Planning Board, who has suggested that issuance of a Certificate of Occupancy be contingent upon submission to the Building Inspector of a post-rock removal report confirming no damage has occurred, or that damages have been repaired to any previously surveyed property. Supervisor Seligson stated that there is still a lot to discuss and review, but that there are still residents that are very upset. The Town Board would like the Town’s Building Inspector to review the recommendations of Steve Marsh and Ralph Engel. This will be on the next worksession agenda. For the next meeting the Town Board would like to know the number of rock removal permits issued, and a recommendation from the Building Inspector as to how his Department would handle a suspension of work. New Business Councilwoman Elkind Eney gave an update from the recent Recreation Commission Meeting. There was discussion of the purchase of a new Zamboni and the pros and cons of electric versus gas. The recommendation is to continue with the gas models, as the Commission has determined that the electric models are not a good option at this point in their production. Supervisor Seligson noted that she received correspondence from Ralph Engel asking the Town to consider legislation requiring that new construction bury their utility lines. The Town Board suggested this as an item for the Comprehensive Plan process. Supervisor Seligson noted that the Library Budget should be discussed and possibly added to the regular agenda. It was noted that several questions raised by the Town Board have been answered. The approval was added to the regular agenda. Supervisor Seligson again brought to the Town Board’s attention that the Garden Club has offered their time and talent to help with landscaping around the Senior Center. This generous donation of time is greatly appreciated. There has been a request for a reduced (vouchered) taxi program. The Town will suggest that this be redirected to the Villages, as they have taxi businesses. The Town Board was updated on a grant opportunity for a Senior Citizen bus. This will be added to the regular agenda. Update - Comprehensive Plan The Town Board noted that the Comprehensive Plan will launch at the next Town Board meeting, and the Steering Committee will be introduced. Update - Corona Virus Supervisor Seligson noted that she had a call with School Superintendent, Robert Shaps. The District will be closing all schools at 6:00 pm, except for the pool, and will be doing a scrub down of all facilities. The Continuing Education Program will be very effected. Update – Retention of Recruitment Firm Supervisor Seligson, Councilwoman Fiddelman and Councilwoman Elkind Eney reported on their calls and conversations with respect to finding a recruitment firm. On motion of Councilman King, seconded by Councilwoman Fiddelman, the Board unanimously agreed to enter into an Executive Session to discuss Litigation between the Westchester County Human Rights Commission and the Town of Mamaroneck Public Housing Agency and litigation with Save the Sound. EXECUTIVE SESSION Litigation between the Westchester County Human Rights Commission and the Town of Mamaroneck Public Housing Agency Litigation with Save the Sound 2 March 4, 2020 On motion of Councilwoman Katz, seconded by, seconded by Councilwoman Fiddelman, the Board unanimously agreed to resume the Regular Meeting. 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. PRESENTATION/DISCUSSION - Zoning Petition 2399 Boston Post Road Realty Corp (BLD Diner) Presenters: Mark Blanchard of the law firm Blanchard & Wilson, LLP, and Richard Hein of Richard Hein Architects Supervisor Seligson addressed the audience and set forth the arrangements for the presentation. Supervisor Seligson asked Mr. Maker to review the time line and what actions the Town Board could take this evening. Mr. Maker explained that the Town Board can decline the petition outright, or it can refer it to the Planning Board. Mr. Maker reminded the audience that this is not technically a public hearing, but a public discussion. Supervisor Seligson invited the developer and his team to present the project. Mr. Blanchard presented the project, noting that nothing has changed from what has previously been presented to the Town. There was a discussion of some of the details of the project between the developer and the Town Board. Supervisor Seligson stated that she has concerns in line with the Comprehensive Plan situation. This area could have some kind of development, but concerned about considering a zoning map change in light of the fact that the Town is about to embark on a Comprehensive Plan. A zoning map change is not just a relief from a zoning code itself, and the developer is not requesting to combine zones that are already there, but asking for a new zone, albeit a zone that exists in the Town in another area. At this time when the Town is about to ask the public to engage in a robust dialogue with respect to a Comprehensive Plan, with much to discuss not only for this area, but also for the entire Town, she stated that she is not comfortable looking at a wholesale zoning change at this time. The other Town Board Members’ echoed the statement of the Supervisor Seligson, stating that without the full feedback of the community with respect to a Comprehensive Plan, this is not a development we can continue to discuss. On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby reject the request for a zoning map amendment, as presented by 2399 Boston Post Road Realty Corp. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye The Supervisor asked for a show of hands for and or against the project. It was clear that a majority of the audience was not in favor of the project. Supervisor Seligson also noted that the Town has received many emails and communication that have been recorded for the record, and shared with all the Town Board Members. 3 March 4, 2020 Supervisor Seligson noted that it may not be necessary for residents to speak, but if anyone wished to, they will be called in order of the sign up. The following residents spoke against the project: Bello Knobhid Kate Bialo Dorothea Consas Jay Rubin Emily McKhann Andy Cooper, speaking for Matt Arons Tom Collins Chuck Mirabile Penny Langone Jim Mulcahy (Mrs.)______ Witik (not on the list) Jim Mulcahey Clive Engel Rich Micucci Rich Pogostin James Tunken Michael O’Rourke Michael Bolton Kelly Brock Frank Owens Frank Gilliam Supervisor Seligson thanked everyone for coming this evening. PUBLIC HEARING – “ Prohibition on Flying Drones Near the Winged Foot Golf Club in May and June 2020” 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, a Public Hearing will be held on Wednesday, March 4, 2020, 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 “Prohibition on Flying Drones near the Winged Foot Golf Club in May and June of 2020“ Law. Purpose In June 2020, the Winged Foot Golf Club will host the 2020 US Open golf championship. The Town Board finds that for security reasons remotely controlled flying aircraft should not be allowed to fly within two miles of the Club grounds during the months of May and June of 2020. However, there are enterprises, such as television networks, that will or have contracted with the Winged Foot Golf Club and/or United States Golf Association that will fly drones in connection with their performance under such contracts. 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: February 28, 2020 4 March 4, 2020 On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson asked if anyone wished to comment on the proposed Local Law, and there was not. On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the following Local law was approved: Local Law No. 4 - 2020 This local law shall be known as the “Prohibition on Flying Drones near the Winged Golf Club in May and June of 2020” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: In June 2020, the Winged Foot Golf Club will host the 2020 US Open golf championship. The Town Board finds that for security reasons, remotely controlled flying aircraft should not be allowed to fly within two miles of the Club grounds during the months of May and June of 2020. However, there are enterprises, such as television networks, that will or have contracted with the Winged Foot Golf Club and/or the United States Golf Association that will fly drones in connection with their performance under such contracts. Section 2 – Addition of a new section to the Mamaroneck Code: Chapter 122 of the Code of the Town of Mamaroneck hereby is amended to add the following section: §122-8 Remotely Controlled Aircraft Prohibited within Certain Air Space during May and June 2020. A. During the months of May and June 2020, it shall be unlawful for any person to operate an unmanned aircraft, or cause an unmanned aircraft to take off, land or fly within two miles of the perimeter of the property owned by the Winged Foot Holding Corp. or the Winged Foot Golf Club, Inc. and designated on the Tax Assessment Map of the Town of Mamaroneck as Section/Blocks/Lots: 3-40-204.1, 3-44-99, 3-45-1.4, 3-45-1.5, 3-45-1.7, 3-46-1.1, 3-46-1.2, 3-47-1../1, 3-47-1 .. /2 and 3-47-1.2. For the purpose of this section, the term “unmanned aircraft” means a device, commonly referred to as a ‘drone’, that is designed to navigate in the air without a pilot onboard, or an aircraft that is operated without intervention by a human within the aircraft. B. This section shall not apply to those enterprises with whom either the Winged Foot Golf Club or the United States Golf Association will or have contracted to perform services in connection with the 2020 US Open golf championship and whose names appear on a certification given to the Town by either the Winged Foot Golf Club or the United States Golf Association that is received by the Town Administrator on or before April 30, 2020. Section 3 – 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 4 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 5 March 4, 2020 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye SUPERVISOR’S SUMMARY REPORT There has been a lot of concern about the Coronavirus and news about it in Westchester County. I sent a robocall and email blast to Town residents last night to update the community on the situation in Westchester. Town Administrator Steve Altieri and I participated in a call with the County Executive and the Commissioner of the County Health Department yesterday regarding the virus. I know everyone is worried about the spread of the virus, but most people are not and will not be affected by the virus. It is important to remain cautious and prepared, as fear and panic will not help us and are not needed. There is one Westchester resident who has tested positive for the Coronavirus and is being treated at a hospital in NYC. The County Health Department is reaching out to everyone who might have been in contact with this individual. Advice from the State and County says to continue your regular schedule, but wash your hands often with soap and water, avoid touching your eyes, nose and mouth with unwashed hands, cover your cough and sneeze with a tissue and then throw the tissue in the trash, stay home if you are not feeling well or sick, and call your primary physician if you have any symptoms. The Town has implemented enhanced cleaning protocols for the Town Center and is working with the County to implement enhanced protocols for emergency responders. Please check the Town website for new information as we will update it as additional information becomes available. Thank you and goodbye. Many people contacted me with comments and concerns about the proposed residential development at the BLD Diner. Of the written comments we received, 6 comments were in favor of the development and 31 comments were against it. All of the comments have been shared with all of the Town Board members and are recorded for the record. The public discussion we had at the beginning of this meeting resulted in the Town Board choosing NOT to consider the request for a zoning map change as required for the development. That means this project, as presented, will not move forward. The developer has the right and opportunity to revise the application and submit it again. There was an exciting Solar Symposium at NYPA last Wednesday. NYPA has a program to help municipalities implement solar infrastructure on municipal property and buildings. Previously, it has not been economically feasible because municipalities already pay a reduced rate for electricity and could not take advantage of solar tax breaks. When NYS changed the way it valued energy distribution in 2017, and with the new NYS Climate Leadership and Community Protection Act that calls for major reductions in fossil fuel use, the landscape for municipal solar has changed. The Town is looking forward to participating in solar energy. We've received a generous offer from the Larchmont Mamaroneck Garden Club to help landscape the Senior Center and look forward to working with them. This afternoon, I attended a NYS sponsored round table on the Governor’s proposed $3 billion environmental bod act known as “The Restore Mother Nature Bond Act”. The CEO of NYS Energy Research and Development Administration, along with other State officials presented the basics about the bond act. The purpose of the roundtable was to hear from those invited to give priority areas for investment and specific projects. I will be speaking on a panel of the Westchester Clean Energy Summit tomorrow to talk about the initiatives and strides we've made in the Town to encourage other municipalities to take steps as well. 6 March 4, 2020 BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind Eney, seconded by Councilwoman 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 CLAIMS On motion of Commissioner Elkind Eney, seconded by Councilman King, 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: ATTACHEDMENT A 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 February as submitted by Chief Joe Russo as follows: ALARM TYPE NUMBER Generals 29 Minors 14 Stills 3 Out of Town (Mutual Aid) 8 EMS 35 Drills 3 TOTAL 92 Total number of personnel responding: 670 Total time working: 38 hours and 14 minutes 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. Appointment to Boards and Commissions On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that David Commender be appointed as Member D of the Town of Mamaroneck Board of Ethics, and 7 March 4, 2020 BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointees taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 31, 2022. 2. Resolution – Justice Court Audit On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was WHEREAS, Section 2019-a of the Uniform Justice Court Act requires that Town and Village Justices provide their court records and dockets to be examined and audited and; WHEREAS, the Town of Mamaroneck Justices have provided to the Town’s auditors for examination and audit, their court records and dockets and; WHEREAS, the Town’s auditors have reviewed these records and issued a report to the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board acknowledges that an audit report for the Town of Mamaroneck Justice Court has been completed, and that the Town Board has reviewed and accepted the report. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Authorizations - Renovations to the Hommocks Ice Rink Report of Bids – TA-20-01 Renovations to Hommocks Ice Rink Budget Transfer Authorization Authorization for Additional Borrowing On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the following was approved, WHEREAS, on February 11, 2020, the Town publicly opened and read six (6) bids for Contract TA-20-01 Renovations to Hommocks Ice Rink. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-20-01 Renovations to Hommocks Ice Rink, to the lowest responsible bidder meeting all of the Town’s requirements, Pierotti Corp., at a total cost of $1,256,000.00 and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said contract on behalf of the Town, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby authorize a budget transfer as detailed by the Town Comptroller in the following schedule, and BE IT, FURTHER 8 March 4, 2020 RESOLVED, that the Mamaroneck Town Board does hereby approve the additional borrowing of 194,208.00. GL Budget Amendment Ice Rink Locker Rooms H.7265.0400.2019.24 400,900 Serial Bonds H.0000.5710.2019.24 384,000 Transfer from Trust H.0000.5041.2019.24 16,900 400,900 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 4. Salary Authorizations – Police Department On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Jonathan Chabrier, to the position of Probationary Police Office, at an annual salary of $58,830.00, with an appointment date of March 9, 2020. 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 Mamaroneck Town Board does hereby appoint Cristina Mirco, to the position of Probationary Police Office, at an annual salary of $58,830.00, with an appointment date of March 9, 2020. 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 Mamaroneck Town Board does hereby appoint Candace Whitney, to the position of Probationary Police Office, at an annual salary of $58,830.00, with an appointment date of March 23, 2020. 9 March 4, 2020 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. Authorization - Town/County Property Tax Warrant On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the 2020 Town and County Property Tax Warrant and authorizes the Town Supervisor to execute the Warrant as follows: ATTACHMENT B The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6. Authorization – Amend NY State Snow/Ice Removal Contract On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the amended NY State Snow/Ice reimbursement contract, for the additional reimbursement in the amount of $31,288.35, for the years 2017/2018, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute the amended contract 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. Adoption – Larchmont/Mamaroneck Public library On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby adopt the Larchmont Mamaroneck Library Budget for Fiscal Year 2020/2021, with a total expenditure of $2,389,923, representing an increase of 1.89% from the prior year. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 10 March 4, 2020 8. Authorization – Grant Application – Senior Bus On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the submission of a grant application to the NYS Department of Transportation FTA Enhanced Mobility for Seniors Program, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to submit the grant application 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 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 meeting in memory of Rocco Campanelli. Rocco was a pillar of the community, and spouse of a very involved community member, Ruth Campanelli. He will certainly be missed. Our sympathy goes out to Ruth and the entire Campanelli family. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the meeting was unanimously adjourned at 10:00 PM ________________________________ Submitted by Christina Battalia, Town Clerk 11 March 4, 2020 ATTACHMENT A 12 March 4, 2020 ATTACHMENT B 13