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HomeMy WebLinkAbout2020_05_06 Town Board Minutes May 6, 2020 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD MAY 6, 2020 BEGINNING AT 6:00 PM. PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDER NO. 202.1, SUSPENSION OF LAW ALLOWING THE ATTENDANCE OF MEETINGS TELEPHONICALLY OR OTHER SIMILAR SERVICE: Article 7 of the Public Officers Law, to the extent necessary to permit any public body to meet and take such actions authorized by the law without permitting in public in-person access to meetings and authorizing such meetings to be held remotely by conference call or similar service, provided that the public has the ability to view or listen to such proceeding and that such meetings are recorded and later transcribed; 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 Elkind Eney, seconded by Councilman King, the Work Session was unanimously opened at 6:00 p.m. Update – Coronavirus Response Supervisor Seligson reported on the Town’s most recent call with County officials. County Executive George Latimer gave the criteria for reopening. The State has classified the Town as within the ‘Hudson Valley Region’, for reopening purposes. There are seven criteria that need to be met to reopen. To date the Hudson Valley Region has made three of the seven criteria. Supervisor Seligson read the list of criteria, adding it will be placed on the Town’s website. There has been no final answer as to whether summer camps will open, but the County Executive stated it was unlikely. The April Presidential Primary that was rescheduled for June 23, will take place. Residents have been concerned about requirements for masks, given the Governor’s Order’s, and Mr. Altieri was asked to find out what the allowable enforcement is for the Town. Update – Town Finances Additionally Present: Tracy Yogman Town Comptroller. The Town Board received a memo from the Town Administrator and Town Comptroller, titled ‘Fiscal Year 2020 Budget Report as of April 30, 2020, dated May 4, 2020. The Town Board also reviewed a memo prepared by Mr. Altieri in response to Councilwoman Katz’ questions regarding the May 4 report. The Town Board discussed these documents in detail. Supervisor Seligson stated that the Town is not in a financial crisis at this point, in contrast to some other municipalities. Discussion – Sanitation Commission Apportionment The Town and the Village of Larchmont continue to discuss the budgetary apportionment of the sanitation services. The apportionment has historically been based on weight, but with services changing, it is being questioned as to whether that is equitable. Hiring a consultant to do a full analysis is being discussed with the Village of Larchmont. The Village of Larchmont needed to move forward with approving their budget, prior to any conclusion to these discussions, and therefore proceeded to use a 60% Town and 40% Village 1 May 6, 2020 apportionment. This differs dramatically from the current apportionment of 53% Town and 47% Village and will mean the Town will need to provide additional funding of $240,000 to cover the underage in funding. Mr. Maker stated that based on his interpretation of the NYS Consolidated Law creating the Commission, the apportionment should be based on tonnage, but the Village of Larchmont Attorney sites a different Article in the NYS Consolidated Laws, which differs in interpretation. Mr. Maker further stated that he believes the Article referenced by the Village of Larchmont attorney refers to building a physical plant, and not to garbage collection. The Town Board stated the importance of receiving an interpretation by the NYS Comptroller prior to hiring a consultant. Town Code Enforcement Based on inquiries from Town residents on the activity of the Town Code Enforcement, the Building Inspector issued a report of the number of complaints logged from 3/1/2020 to 4/30/2020 and the nature of the complaint. The Town Board reviewed the list and asked how it differed from 2019, and Mr. Altieri stated he will check. Update – Peddler’s Law The Town Board requested a closed session to receive advice of Counsel and potential litigation. The Town Board will enter into this session at the end of the Worksession. New Business Councilwoman Katz’ reported as the Town’s liaison to the Cable Board of Control, that future discussion may need to take place regarding the distribution of franchise fees. The Town Board asked Mr. Altieri to prepare financials to have a more detailed discussion at an upcoming Board Meeting. It was discussed that the Comprehensive Plan cannot be put off indefinitely. As residents are becoming more affiliated with online formats, this may be a time to try and reach out to the community in that way. Supervisor Seligson discussed this with Peter Feroe and his associates at AKRF about beginning to reach out to the community in a different way than they had planned before the coronavirus. AKRF also asked if the Town’s priorities have changed - the world is quite different now then it was a few months ago, and people are more incentivized about their community. Supervisor Seligson asked AKRF to create a memo to help the Town begin new discussions. There was also some feeling that this would not be a good time, as the Town may get ‘stressed’ responses, but the Board is open to further discussion. Supervisor Seligson was approached about creating a recovery committee. Connecticut is moving on this and has asked various individuals from different aspects of the community to join a committee. The Town Board agreed it was worth discussing with representatives in Connecticut about how they have comprised their committee. The Town Board discussed a recent email from Kate Beebe regarding her continued concerns. The Town Board noted that three of the concerns had already been addressed during the State of Emergency. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Board unanimously agreed to enter into an Executive Session to discuss potential litigation and appointments to Boards and Commissions. EXECUTIVE SESSION Potential Litigation Appointments to Boards and Commissions. On motion of Councilwoman Elkind Eney, seconded by Councilman King, 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 7:30 p.m. 2 May 6, 2020 Supervisor Seligson noted that this is a virtual continuation that began as a worksession beginning at five thirty o’clock this evening. PUBLIC INFORMATION MEETING – Waverly Avenue Bridge Supervisor Seligson introduced the Town Engineer, Rob Wasp who will be the presenter this evening. Mr. Altieri began by stating that this public presentation is required under the grant that was received for this project, and part of the ongoing outreach underway throughout the design process. Mr. Wasp introduced Jared Anderson of HVEA Engineers. The project is the replacement of the Waverly Avenue Bridge over the Sheldrake River which will address structural deficiencies and minimize flooding, in accordance with designs from the Army Corp of Engineer’s study recommendations. Mr. Wasp continued with a PowerPoint presentation for the public. A SEQR resolution was presented to the Town Board for approval. There will be a public comment sheet on the Town website. The open comment period will last until Friday, May 29. The Town Board noted that this is a highly trafficked area and rerouting will have a big impact. Mr. Wasp noted that meetings with Police and Highway to plan for this will be taking place. Supervisor Seligson strongly recommended that this be presented to the Village of Mamaroneck residents at a public meeting as well. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following was approved, WHEREAS, the Town of Mamaroneck plans to replace the Waverly Avenue Bridge over the Sheldrake River, and WHEREAS, the new bridge will be constructed in the same general location as the bridge it will replace. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby determine that the replacement of the Waverly Avenue Bridge over the Sheldrake River is a Type II action under the State Environmental Quality Review Act (SEQRA) and that no further action pursuant to SEQRA is required. 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 SUPERVISOR’S SUMMARY REPORT The Town of Mamaroneck government continues to serve the community during these challenging times. Since our last Town Board meeting, the County working with the Town Supervisors and County Board of Legislators provided two opportunities for tax relief on the property taxes that th were due April 30. If you have not yet paid those taxes, you are still eligible to take advantage of the reduced penalty rates for late payments. Westchester County issued masks to all municipalities in the County including Villages. The Town was issued 3500 masks and they were delivered by County Executive George Latimer and County Legislator Catherine Parker. We provided the masks to senior citizens and those that participate in the Town food programs. The masks are now available to residents who live in the unincorporated area of the Town as long as the supply lasts. Village Residents should check with the Villages for availability. th The Town remains under a State of Emergency that was originally issued on March 16. It will be th will be reconsidered for renewal on May 16. Under the State of Emergency, I have banned the use of gasoline powered leaf blowers, suspended overnight throughout the Town and alternative side of the street parking in Washington Square, extended the taxable status date for assessment st to June 1, and extended expiring building permits for 60 days. 3 May 6, 2020 Steve Altieri and I continue to participate in conference calls with the County every Monday, Wednesday and Friday. Today Letitia James, NYS District Attorney spoke on the call about the activities of her office to protect NYS residents during the pandemic. Senators Chuck Schumer and Kirsten Gillibrand joined us on previous calls in the past two weeks. The Mayors of the Villages, Tom Murphy and Lorraine Walsh and I participate in a live LMCTV interview show on Thursday nights at 7:30 pm. Please call or email your questions for us to LMCTV. I also do an 8:35 am radio show on WVBOX, am 1460. CITIZEN’S COMMENTS None 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 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: VENDOR DESCRIPTION Amount Scott parts & Air paks, Fire Research Tripod Light repair, hydrotest & AAA Emergency supply Co recharge, fire extinguisher inspection $ 814.65 Amazon Lysol, safety glasses, air filters, batteries, facial tissues, air freshners etc. 652.09 Dorbacher, David Reimb. For fuel for U-56 - Montour Falls training 49.25 Grainger CFL bulb 3.24 Grainger Replacement hose reels 210.48 Ready Refresh Water Cooler rental 2/19-3/18/2020 122.96 Rickert Lock & Safe Replacement of lock cylinder & keys 150.00 Sound Shore Pest Control Exterminating services on 3/23/20 65.00 UniFirst Corp. Cleaning supplies 1/24, 3/27, 4/3, 4/10, 4/17/2020 564.07 United Overhead Door Corp. Repair overhead door 363.98 Verizon TMFD 300M Redundant Circuit 3/26-4/25/2020 266.98 Verizon Fire HQ SVC 4/10-5/9/2020 261.76 WJWW 205 Weaver St. Charges 2/26/20-3/25/20 33.33 Total $ 3,557.79 4 May 6, 2020 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 April as submitted by Chief Russo as follows: April 2020 ALARM TYPE NUMBER Generals 21 Minors 20 Stills 2 Out of Town (Mutual Aid) 1 EMS 32 Drills 0 TOTAL 76 Total number of personnel responding: 402 Total time working: 23 hours and 18 minutes The Fire Department is developing new protocols to provide the same high level of protection to the community while assuring the safety of its members during the pandemic. Additionally, the Fire Department recognized that during the pandemic children are missing out on their birthday celebrations, and have offered to residents' children birthday drive-by. These have become extremely popular; there were 17 in April and 23 scheduled for May. 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. SEQR Resolution – Waverly Avenue Bridge Motion took place during the public presentation above 2. Authorization - Westchester County Transportation Agreement – Senior Citizens On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the Agreement between the Town of Mamaroneck and the County of Westchester, to provide Nutrition Site Transportation and Supportive Services Transportation to elderly residents, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. 5 May 6, 2020 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Authorization - Westchester County / New York State Transportation Agreement Senior Citizens Authorization - Westchester County Transportation Agreement – Senior Citizens On motion of Councilwoman Fiddelman, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the Agreement between the Town of Mamaroneck and the County of Westchester, for State funding for senior citizen transportation services, 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 4. (a) Report of Bids – Contract TA-20-02 Senior Center Banquet Room Renovation On motion Councilwoman Elkind Eney, seconded by Councilman King, the following was approved, WHEREAS, on March 27, 2020 the Town publicly opened and read seven (7) bids for Contract TA-20-02 Senior Center Improvements – Banquet Room Renovations, and WHEREAS, the low bidder, RJM Construction Associates, submitted a written request for withdrawal of their proposal, citing unforeseen schedule/availability impacts imposed by the COVID-19 pandemic. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-20-02 Senior Center Banquet Room Renovation, to the second lowest responsible bidder meeting all of the Town’s requirements, Mohegan Park Contractors, Inc., of New Rochelle, at a total cost including alternates of $334,900.00, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said 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 6 May 6, 2020 (b) Authorization – Transfer of Funds – Senior Center Renovation On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds in the amount of $215,326.00, as detailed by the Town Comptroller in the following schedule: 2020 CAPITAL BUDGET AMENDMENTS Item # CAPITAL FUND (FUND H): Amount 1 Revenue H.0000.5031.2019.58 Transfer from General Fund Increase $ 215,326 Expense H.6772.0400.2019.58 Senior Center Building Improvs Increase 215,326 Item # GENERAL FUND (FUND A): 2 Expense A.9900.9950 Transfer to Capital Increase $ 215,326 Income A.0000.5995 Appropriated Fund Balance Increase $ 215,326 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. Consideration – Resolution of Dedication of Highclere Court Subdivision RESOLUTION Dedication of Roadway & Related Improvements for “Highclere Court” Durham Road Subdivision Town of Mamaroneck, New York On motion of Councilmember Eney, seconded by Councilmember King, the following was presented for a vote by the Town Board of the Town of Mamaroneck: WHEREAS, the subdivision known as Durham Road Subdivision was approved by Planning Board resolution at its meeting on November 13, 2013, and WHEREAS, construction of new roadway and related sewer infrastructure improvements to Town of Mamaroneck specifications by Highclere Court, LLC was included as a condition for the approval of the subdivision, and WHEREAS, the intention was for Highclere Court, LLC to dedicate said infrastructure to the Town of Mamaroneck upon completion; and WHEREAS, the Town has received such documentation including as-built surveys, subdivision plans, utility plans, public and private easements agreements, Westchester County Board of Health Approval Letters, Homeowner’s Agreement Policies, Inspection Records and Material Certifications, and WHEREAS, the Engineering Department and Highway Department have performed final inspections on all public improvements for Highclere Court and now deem it to be in proper condition for dedication, and WHEREAS, the Town will hold a maintenance bond in the amount of $35,000 for a period of two years in the event that any public improvements should fail during that period. NOW THERFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby accepts dedication of Highclere Court as Town Road, but only if Highclere Court, LLC furnishes the Town (a) with a title insurance policy 7 May 6, 2020 with $50,000 of coverage from a reputable title company licensed to do business in the State of New York insuring that upon acceptance of a deed from Highclere Court, LLC, the Town will have title to the road(s) depicted on the subdivision plat filed in the office of the Westchester County Clerk as subdivision plat #28764, free and clear of any liens, other than easements for utility lines and (b) a properly executed deed, recorded in the office of the Westchester County Clerk, that transfers title to the road(s) to the Town, and BE IT FURTHER RESOLVED, that the Town Administrator hereby is authorized to execute on behalf of the Town such deed and the other documents that must be executed in order for such deed to be recorded. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6. Love Your Food – Food Scrap Cooking Demonstration Agreement On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the following was approved; WHEREAS, the Town has received a grant from the State of New York, among other things, to conduct cooking demonstrations at the Food Pantry and the Farmer’s market. NOW THERFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement between the Town of Mamaroneck and Damon Versaggi, to conduct six three-minute virtual cooking demonstrations, for a total price of $1,000.00, to demonstrate how commonly discarded food scraps can be transformed into nutritious meals. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 7. Authorization – Change of Date for Tentative Assessment Role and Filing Grievances On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following was approved, RESOLUTION Change in the dates for promulgating the 2020 tentative assessment roll and for filing administrative complaints with respect thereto. On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the following was approved; WHEREAS, the Assessor is required by law to promulgate a tentative assessment roll on or before st June 1 of each year and persons wishing to file complaints with respect to assessments appearing on the tentative assessment roll are required to do so by the third Tuesday of June in the year that such roll is promulgated, and WHEREAS, Governor Andrew Cuomo’s Executive Order No. 202.22 granted to towns in Westchester County a local option (a) to allow for the filing of the 2020 tentative assessment roll up to 30 days after such rolls otherwise are required to be filed and (b) to set a date for filing administrative complaints with respect to the 2020 tentative assessment roll that is twenty-one or more days after the filing of the tentative assessment roll. 8 May 6, 2020 NOW, THEREFORE, BE IT RESOLVED, that the Assessor of the Town of Mamaroneck hereby is directed to promulgate the Town’s 2020 tentative assessment roll on or before June 30, 2020, and BE IT FURTHER RESOLVED, that anyone wishing to file a complaint with respect to any entry on the 2020 tentative assessment roll (commonly referred to as a “grievance”) may do so no later than July 21, 2020, and BE IT FURTHER RESOLVED, that the Town Board shall hold in abeyance any decision to exercise the other options given to the Town by Executive Order No. 202.22 with respect to the 2020 assessment process, namely whether to have the publication of the tentative assessment roll be done solely online, whether to suspend in-person inspection of the tentative assessment roll, whether to allow the Board of Assessment Review Board to hear complaints remotely by conference call or similar service and whether to extend the date for the filing of the 2020 final assessment roll, so that the Town Board can evaluate the conditions and determine the needs of its citizens and taxpayers at a later period. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 8. 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: Dennis Barry 2362 and 2364 Boston Post Road Section/Block/Lots: 6-15-245 and 250 Section 6, Block 15, Lot 245 Year Assessment Reduction Resulting Assessment 2015 $900,000 $-0- $900,000 2016 $900,000 $-0- $900,000 2017 $1,150,000 $250,000 $900,000 2018 $1,150,000 $250,000 $900,000 2019 $1,150,000 $250,000 $900,000 Section 6, Block 15, Lot 250 Year Assessment Reduction Resulting Assessment 2015 $500,000 $250,000 $250,000 2016 $500,000 $250,000 $250,000 2017 $500,000 $250,000 $250,000 2018 $500,000 $250,000 $250,000 2019 $500,000 $250,000 $250,000 9 May 6, 2020 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 April 15, 2020. 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 Elkind Eney, seconded by Councilwoman Fiddelman, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 10