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HomeMy WebLinkAbout2020_10_07 Town Board Minutes October 7, 2020 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD OCTOBER 7, 2020 BEGINNING AT 5:00 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: Lindsey Luft Assistant to the Town Administrator, Shyam Pandya Information Technology Director On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Work Session was unanimously opened at 5:00 p.m. Supervisor Seligson stated that this evening’s agenda does not include a discussion of curbside pick up. What is on this evening’s agenda is the setting of a public hearing at which a full discussion including public comment will take place. Status of Westchester County Housing Settlement Additionally Present: Norma Drummond of the Westchester County Department of Planning Ms. Drummond began her presentation, but due to severe weather her connection was continually interrupted. Ms. Drummond will be represent at an upcoming Town Board meeting. Report of Sustainable Westchester – Westchester Power Supervisor Seligson reported that Sustainable Westchester negotiated rates that are very successful on all levels. The rate is fixed for eighteen-months. The rate is lower than the current rate being charged by Con Edison, and should be lower than the anticipated future rates which are anticipated to increase with the closing of Indian Point. The Town Board had anticipated Carmen Santos, a representative from Sustainable Westchester to attend, but due to the severe weather it appears that she may have had internet difficulties as well. She will present at the next meeting. Review of Current Rock Removal Legislation Mr. Maker highlighted the changes as instructed by the Town Board. These include the qualifications for the Monitor, elimination of rock removal on the weekends, and the increase in the respite period from 45 days to 60 days. Councilwoman Katz asked the Town Board to consider a complete ban on rock removal in smaller 1 October 7, 2020 zones where houses are very close together. The Town Board would like to continue to discuss this further and asked Mr. Maker to review the zones and prepare a draft that would speak to this elimination. Mr. Maker will review the zones with the Building Inspector and ask for his input as well. Hommocks Pool Re-opening The Town Board reviewed a re-opening plan and a projected budget for the Hommocks Pool as presented by the Recreation Department. The proposed plan would continue through the end of the year and run at a deficit. There were concerns about running a program with a deficit, and the depletion of the surplus. A suggestion to charge a higher fee was discussed, but not agreed upon. The Recreation Department hopes to hold some of their typical winter pool programs to offset the loss of revenue. Executive Order 203 Supervisor Seligson summarized the Executive Order 203, adding that a large book has been provided by the State on how to administer this law. Of note is the requirement for public dialogue and engagement. Recent meetings were held with Town staff to begin the process, and they are creating an outline to work through the various components of the Executive Order. There will be a public forum held in November. Mr. Altieri has reached out to the School Superintendent who would like to be a part of the Task Force. He has also reached out to community stakeholders’ such as Community Counseling Center Director, Mark Levy as well as the District Attorney’s Office, the Town Prosecutor’s and the Public Defender’s Office. Councilman King noted that he has spoken with both Village Mayors, adding that each municipality will ultimately have to submit their own reports whether the Town and Villages’ work collaboratively or not. The initial focus of the Task Force will be complying with the Executive Order. Supervisor Seligson stated that Councilman King has convened a wonderful group of individuals who will be introduced to the Town Board in the near future. Councilman King noted that they are seeking a teenager as a good addition to the Task Force. Review of the Town’s COVID-19 State of Emergency The Town Board reviewed the continued need for the current suspension of laws. Supervisor Seligson has received several communications from residents’ who would like to see the ‘no overnight parking’ be reinstated. This was discussed and the Town Board would like to continue with the State of Emergency, in keeping with the State and County, but will amend the current suspensions by reinstating the no overnight parking, and amending the Peddling law to include Food Trucks. Rock Removal Moratorium The Town Board reviewed the resolution prepared by Mr. Maker. There were no additional comments. Adoption of the resolution was added to the regular agenda for this evening. County Mobility Task Force Supervisor Seligson and Mr. Altieri attended a meeting of the County Mobility Task Force. The County hired consultants for this meeting to facilitate the discussion. The Municipalities were grouped by geographic location, with the Town being part of the sound shore group. The Task Force is primarily working on bus routes. Supervisor Seligson and Mr. Altieri were asked about mobility and felt that the consultant was very interested in their comments, especially those about the use of shuttles at the train station. Hommocks Sewer Agreement Deferred until Executive Session Proposed Amendment – Town Solid Waste Law The Town Board reviewed the draft legislation and discussed the joint public hearing scheduled for October 26, at 6:00 pm. The setting of the joint public hearing is on the regular agenda for this evening. 2 October 7, 2020 Human Rights Committee (HRC) Councilwoman Fiddelman was approached by a member of the HRC as to whether the Town would consider reinstating the current non-Town committee, to reestablish it as a Town Committee or Commission. The Town Board noted the possible duplicity of mission with the Westchester County Human Rights Commission. The Board asked Councilwoman Fiddelman to follow up with the Committee spokesperson with the following questions 1) mission statement 2) possible incorporation into the Town’s Equity Task Force 3) goals and objectives 4) where is a gap specifically with respect to the County Commission. New Business Councilwoman Katz noted the recent email from Mitch Green of the Sustainability Collaborative regarding traffic studies and asked whether the Town Board should discuss a structure for a referral process with Collaborative, similar to other Boards and Commissions. Supervisor Seligson will work on this with the Sustainability Collaborative. EXECUTIVE SESSION On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Board unanimously agreed to enter into an Executive Session to discuss: Employment history with respect to salary for particular employees. Appointments to the Housing Authority and the Recreation Commission. Negotiations with the Village of Mamaroneck regarding the Hommocks Road Sewer Line Agreement. On motion of Councilwoman Katz, 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 8:15 p.m. Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this evening. SUPERVISOR’S SUMMARY REPORT The Town Board discussed changing the solid waste law in the Work Session portion of the meeting this evening to make permanent the requirement to place trash at the curb for pick up. As required by th NYS law, we plan to hold a public hearing. The plan is to set a public hearing for October 26. We have already received comments from several residents. Residents are welcome to provide comments to the Town Board through email and letter or speak at the public hearing. No decision is being made on the matter tonight and will not be made until after the public hearing. The Town has reached a 74.9% response rate to the 2020 Census, which is good, but we can do better. th The deadline for responding has been moved to October 30 so we still have a chance to increase it. Remember the Town loses $2,500 in federal and state aid funding for each individual not counted in the Census. Please go to the Town’s website to complete the Census or call the Town office if you need assistance. th Early voting begins October 24 in NYS and is the easiest venue for voting. Any registered voter in Westchester County can vote early at any early voting station in the County. The Town Center is an early voting station. You can also drop off an absentee ballot at the early voting stations. Please go to the Town’s website, www.townofmamaroneckny.org, to see the details about days and times to vote, as well as information about absentee ballots and election day. Westchester County is reviewing and working on County mobility issues including the Bee Line Bus program. Steve Altieri and I participated in a mobility meeting run by consultants for the County. I welcomed the opportunity to talk about mobility issues in the community. 3 October 7, 2020 I am pleased to report several positive events in the community over the past two weeks. The Mamaroneck Historical Society held a ribbon cutting for the newly restored DeLancey cemetery on Palmer Avenue near Delancey Ave. The historical landmark has been beautifully restored and is certainly worth a visit. The TMFD held its Annual Inspection followed by an al fresco lunch at the Fire House. I would like to thank the Fire Department for being flexible and holding the Inspection event outside and socially distanced in compliance with Coronavirus precautionary requirements. Willet Vacuum held a ribbon cutting to celebrate their new store on Myrtle Blvd. We welcome them to their new neighborhood. The Town, working with Senator Shelley Mayer, held a successful blood drive last Friday with 30 donors. I would like to thank the Recreation Department for helping to organize the event. Finally, congratulations to the Village of Larchmont on the grand reopening of Constitution Park, located next to the Village Fire House. The newly restored park was completely redesigned with the help of many volunteers and contributors. Finally, we have three open positions on the Housing Authority and one open position for a Village of Mamaroneck resident on the Recreation Commission. Please contact me with a letter of interest and resume if you are interested in being considered to serve on either of these committees. PUBLIC HEARING – “2020 Revision of the Mechanical Rock Removal” 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 further pursuant to Executive Order No. 202.1 Suspension of Article 7 Public Officers Law, and pursuant to a motion by the Town Board on September 23, 2020 this Public Hearing will be adjourned until Wednesday October 7, 2020 at 8:00 PM or as soon thereafter as is possible, to consider “2020 Revision of the Mechanical Rock Removal” Law, telephonically from the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Join the webinar Zoom meeting via the link provided on the Meeting Agenda and on the Town Board meeting notice issued prior to the meeting. Or you may comment by writing to publicqc@townofmamaroneckny.org and viewing from LMC Media’s website https://lmcmedia.org/ or local municipal access television (Cablevision (Optimum) 76 or Verizon (Fios) 35). Purpose: The Town Board continues to monitor the impact of pulverizing and removing rock by mechanical means upon the health, safety and welfare of the Town’s residents with a goal of balancing people’s right to develop their properties with a neighborhood’s right to tranquility, to the extent possible. Among the concerns that have arisen are the need to mitigate the spread of dust and other particulates during both from drilling and pulverizing rock and its removal from the site, and the need to decrease the number of hours per day when such activities may take place. This revision in the law furthers the goal. The full text of this document can be viewed on the Town’s website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk’s Office at 914- 381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously opened. Supervisor Seligson asked Lindsey Luft, who is staffing the email this evening, if the Town has received any new emails as well as if any viewers had (virtually) raised their hand to speak. Wendy Weinstein addressed the Town Board regarding curbside waste pick up. Supervisor Seligson thanked th her and stated that the public hearing for this will be October 26. Marci Bendel addressed the Town Board and spoke negatively about rock removal. 4 October 7, 2020 Lindsey Luft read emails from the following residents’ that were all negative regarding rock removal: Scott Raved Cordelia Derhammer-Hill Mary Wender The following negative comments about rock removal were received from: Richard Michaels Anita Levy Supervisor Seligson recapped the current discussion among the Town Board specifically, with respect to elimination of rock removal from certain smaller zones. A new draft of the law will be available prior to the th continued public hearing on November 4. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously adjourned until November 4, at 8:00 p.m. CITIZEN’S COMMENTS Supervisor Seligson asked Lyndsey Luft, who is manning the emails for this evening’s public comment, if she has received any public comment. Lindsey Luft noted four emails regarding curbside waste pick up. Supervisor Seligson asked the Town Board if they would prefer these be bundled and th distributed prior to the October 26 public hearing, and the Board said yes. Lindsey Luft read an email from Brian Lobel. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Councilwoman Elkind Eney, seconded by Councilwoman 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 Councilwoman Elkind Eney, seconded by Councilwoman Katz, 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: AAA Emergency Supply Co. Scott #804721-01-4.5 Carbon 30 min cylinders/valve 5,475.00 AAA Emergency Supply Co. Fire Extinguisher & Scott Bottle refill and test 133.00 Amazon Operating supplies -wall mount thermometers, security 743.42 cameras, floor fan, garden supplies etc FireCompanies.Com Platinum Package - Hosting & Maintenance 8/1/2020 209.97 Optimum Cable Services for 9/23-10/22/20 201.57 Ready Refresh Water Cooler rental & paper fee 8/19-9/18/2020 122.96 Sound Shore Pest Control Exterminating Services on 8/29/2020 65.00 Town of Mam'k Fire Water for Apparatus and replacement coolers 160.93 Verizon Fire HQ service 9/10-10/9/2020 266.41 Villa Maria Pizza Food for Department Drill - 9/15/2020 85.31 5 October 7, 2020 Total $ 7,463.57 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 September as submitted by Chief Russo as follows: September 2020 ALARM TYPE NUMBER Generals 31 Minors 21 Stills 9 Out of Town (Mutual Aid) 0 EMS 34 Drills 3 TOTAL 98 Total number of personnel responding: 490 Total time working: 35 hours and 34 minutes Commissioner Elkind Eney thanked the Fire Department for a wonderful inspection. The Fire Council had their monthly meeting. There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Councilwoman Fiddelman, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization – 2020 Leaf Disposal Agreement On motion of Councilwoman Katz, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement between the Town of Mamaroneck and Moriarity Services for the disposal of fall leaves, 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 6 October 7, 2020 2. Set Public hearing – Public Housing Agency Administrative Plan On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the Public Housing Agency Administrative Plan for October 21, 2020 at 8:00 p.m. electronically from 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. 3. Set Public Hearing – Amendment to Solid Waste Law On motion of Councilwoman Katz, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a public hearing on the “Curbside Collection of Solid Waste” Law for October 26, 2020 at 8:00 p.m. electronically from 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. 4. Authorization – Sale of Surplus Vehicles On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the designation of the following vehicles as surplus: Fleet 198 1990 Ford F250 Service Truck 12,983 miles Fleet 35 2010 Ford Crown Vic 65,547 miles , and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to initiate the sale of the vehicle so designated as surplus 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. Authorization – 2020 Salary Authorizations Management and Non-Union Personnel On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the 2020 Salary Schedule for Management and Non-Union Personnel detailed as follows: 7 October 7, 2020 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6. Salary Authorization – Town Comptroller’s Office On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Stefania Laise to the position of Intermediate Account Clerk in the Comptroller’s Office at an annual salary of $69,282, effective October 8, 2020. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 7. Consideration of Certiorari On motion of Councilwoman Katz, seconded by Councilman King, it was RESOLVED, that the Town Board hereby authorize the settlement of the following tax certiorari on the following terms: 1919 Palmer Avenue 1919 Palmer Avenue Section/Block/Lot: 6-2-814 Town of Mamaroneck/Village of Larchmont 8 October 7, 2020 Year Current Assessment Reduction Resulting Assessment 2019 $2,100,000 $300,000 $1,800,000 2020 $2,100,000 $250,000 $1,850,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye ADDED ITEM 8. Resolution – Moratorium on Rock Removal On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the removal of naturally occurring stone by use of any tools that are not powered solely by human muscular power within the unincorporated area of the Town of Mamaroneck hereby is prohibited until January 2, 2021, and BE IT FURTHER RESOLVED, that the Building Inspector shall not issue any permits pursuant to §106-58.1 of the Code of the Town of Mamaroneck until January 2, 2021, and BE IT FURTHER RESOLVED, that the moratorium created by this resolution shall not affect work to be done pursuant to a rock removal permit issued on or before September 23, 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 Fiddelman, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of September 9 and September 23, 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 9