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HomeMy WebLinkAbout2021_01_20 Town Board Minutes January 20, 2021 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD JANUARY 20, 2021 BEGINNING AT 7:00 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 ALSO PRESENT: Village of Larchmont Mayor Lorraine Walsh Trustee Carol Casazza Herman Trustee Peter Fanelli Trustee Malcolm Frouman Trustee Sarah Bauer CALL TO ORDER Additionally Present: Lindsey Luft Assistant to the Town Administrator The Regular Meeting of the Town Board was called to order by Supervisor Seligson. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the meeting was unanimously opened at 7:00 p.m. PUBLIC HEARING – “Update of the Solid Waste” 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, a Public Hearing will be held with the Village of Larchmont, on Wednesday, January 20, 2021 at 7:00 PM or as soon thereafter as is possible, to consider the “Update of the Solid Waste” Law, telephonically from the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Join the Zoom webinar meeting via the link provided on the Meeting Agenda and on the Town Board meeting notice issued prior to the meeting, both of which are located on the Town’s website. The public may comment by writing to publicqc@townofmamaroneckny.org while viewing from LMC Media’s website https://lmcmedia.org/ or local municipal access television (Cablevision (Optimum) 75, 76, 77 or Verizon (Fios) 34, 35, 36) or by participating in the Zoom webinar and utilizing the “raise your hand” feature. 1 January 20, 2021 Purpose: The Town of Mamaroneck’s Solid Waste law has not been amended since 1997. The Town Board wishes to update the law and to add certain new features such as modernizing the types and sizes of containers to be used by persons disposing of solid waste and changing the collection procedures to curbside collection. 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. The Village Mayor opened the Village of Larchmont Public Hearing. Supervisor Seligson asked Mr. Maker to explain the law. Mayor Walsh added that the exemptions for elderly and the disabled would be addressed through a policy. Supervisor Seligson noted several emailed comments received over the last few days and they have been disseminated among the officials. 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 reentered her opposition to curbside pickup. She also restated the petition that has been signed by 300 signers, and requests that these names be added to the compilation. Supervisor Seligson stated that emails received prior to this evening would not be read aloud, but emails received during the hearing would be read aloud. Jared Kutzin stated he would prefer a modified backdoor, possibly a front of house only. He is opposed to curbside pickup. Michael Gottfried is in support of the law. There has been discussion and study going back to 2019. Important to address employee safety and savings. He thinks there is systemic problems with the allocation and thinks it should be reviewed more carefully. Karen Khor stated she has always put her trash to the curb, and additionally was not even aware of back door pickup. She believes the health and safety of the employees should come first. Ms. Luft read emails from: Mark Kramer in support of curbside with exemptions. Nicole Gassman is in support of curbside, was not aware of back door pick up. Not sure how backdoor could be classified an essential service if no one is aware of it. Matt Thomas supports curbside, prefers funds spent on food waste pick up. Cathy Sears LGCA requests all containers be placed back properly on residents’ properties, and not littering the street. How can residents obtain the containers and could they be distribute for free? Bonnie Weinbeck resent a previously submitted email, and it was not read aloud. The officials addressed a number of the comments, specifically, that moving to curbside is a step forward to additional changes in sanitation, most notably to food waste pick up; the requirement for containers is not onerous especially if you utilize the Town containers on wheels; a more comprehensive overall study and plan should be a next step. On motion of Councilwoman Elkind Eney, seconded by Councilman Fiddelman, the Public Hearing was unanimously closed. On motion of Councilwoman Katz, seconded by Councilman King, the following Local law was approved: 2 January 20, 2021 Local Law No. 1 - 2021 This local law shall be known as the “Update of the Solid Waste” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town of Mamaroneck’s Solid Waste law has not been amended since 1997. The Town Board wishes to update the law and to add certain new features such as modernizing the types and sizes of containers to be used by persons disposing of solid waste and changing the collection procedures to curbside collection. Section 2 – Amendment of a current section of the Mamaroneck Code: The definition of PRIVATE DWELLING in section 183-2 of the Code of the Town of Mamaroneck hereby is amended to read as follows: “PRIVATE DWELLING A building containing only one or two dwelling units.” Section 3 – Amendment of a current section of the Mamaroneck Code: The definition of RECYCLABLES in section 183-2 of the Code of the Town of Mamaroneck hereby is amended to read as follows: “RECYCLABLES Such items as may be determined to be such from time to time by the Commission and may include such items as cardboard, paper, newspaper, glass, metals and plastics.” Section 4 – Amendment of a current section of the Mamaroneck Code: Sections 183-3 A., B. and C. of the Code of the Town of Mamaroneck hereby are repealed and the following are substituted in their place: “A. Every person in charge within the Town of Mamaroneck is required to store the solid waste that may accumulate on the premises over which he/she has charge in the type of solid waste container required by this law. All containers shall be stored in the manner required by the Town of Mamaroneck or the Commission. “B. Unless otherwise determined by the Town of Mamaroneck or the Commission, solid waste to be collected from private dwellings shall be placed in watertight, sturdy plastic containers, having tight-fitting plastic covers and a capacity not greater than 64 gallons. The weight of any such container plus its contents cannot exceed 100 pounds. No portion of any such container shall be located below the surrounding grade level. Solid waste shall not be placed out in plastic bags. Material which is too large to be placed in containers shall be bundled and securely tied. Such bundles shall not exceed four feet in length. Any tree branches included in such bundles shall not exceed six inches in diameter. No container or bundle shall exceed 75 pounds in weight. “C. The Commission or the Town of Mamaroneck may require multifamily dwellings, multiple- purpose buildings or nonresidential buildings to use watertight, sturdy plastic containers, having tight-fitting plastic covers and a capacity not greater than 96 gallons, or specific metal containers, such as dumpsters. Such containers shall be located in enclosures which shall screen them from view. Such enclosures: (1) Shall be constructed of stockade fence material with hinged gates and with latches to hold the gates closed; (2) May be constructed of other material with the approval of the Town of Mamaroneck Board of Architectural Review; and (3) Shall have a height of the greater of five feet or 12 inches higher than the containers which they enclose.” Section 5 – Repeal of a current section of the Mamaroneck Code: Sections 183-3 F. of the Code of the Town of Mamaroneck hereby is repealed. 3 January 20, 2021 Section 6 – Amendment of a current section of the Mamaroneck Code: Section 183-4 (B) (1), (3) and (4) of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: “(1) Solid waste to be collected from private dwellings shall be placed immediately adjacent to the curb in front of the dwelling. It shall be placed to the house side of the curb, not in the street. If there is no curb, it shall be placed on the edge of the property adjacent to the paved area of the street, but not in the street. Solid waste shall be set out for collection no earlier than dusk of the day before a scheduled collection day and no later than 6:30 am (prevailing time) on a scheduled collection day.” “(3) Other material collected by the Commission or the Town of Mamaroneck shall be placed on the curb (or if no curb, on the edge of the property adjacent to the paved area of the street or roadway, but not in the street or roadway) readily accessible to the collection vehicle. Such material shall be set out for collection no earlier than dusk of the day before a scheduled collection day and no later than 6:30 am (prevailing time) on a scheduled collection day. If collection vehicles are required to enter private property for collection of material, such entry will be at the sole risk of the property owner.” “(4) Recyclables shall be placed in containers purchased from the Commission or in other containers approved by the Commission. The containers shall be placed to the building side of the curb, not in the street. If there is no curb, they shall be placed on the edge of the property adjacent to the paved area of the street, but not in the street. Recyclables shall be set out for collection no earlier than dusk of the day before a scheduled collection day and no later than 6:30 am (prevailing time) on a scheduled collection day.” Section 7 – Repeal of a current section of the Mamaroneck Code: Sections 183-4 B. (6) of the Code of the Town of Mamaroneck hereby is repealed. Section 8 – Amendment of a current section of the Mamaroneck Code: Section 183-11 A. (1) of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in their place: “(1) The equivalent of no more than three sixty-four-gallon containers of solid waste shall be collected from each private dwelling each collection day.” Section 9 – Amendment of a current section of the Mamaroneck Section 183-13 of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in their place: If a person in charge of a private dwelling satisfies the criteria for exemptions from the requirements of Section 183-4 (B) (1), (3) or (4) of this chapter, as set forth from time to time by the Commissioners of the Larchmont-Mamaroneck Joint Garbage Disposal Commission, the Superintendent shall grant such exemption upon such terms and conditions as may be considered just. Any such exemption must be renewed every two (2) years. Section 10 – 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 11 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 4 January 20, 2021 The exemptions for the elderly and the disabled were discussed, and Mayor Walsh shared the written policy on her computer screen for the public to see. SWEARING IN – Town of Mamaroneck Fire Chiefs Supervisor Seligson administered the Oath of Office to the following Fire Department personnel: Shaun Hughes, Chief nd Alex Rapp, 2 Chief Daniel Murphy, Captain Dean Vacchio, Captain Jason Vacchio, Captain Joe Giordano, Lieutenant John Pierce, Lieutenant Ladder 19 SUPERVISOR’S REPORT The year is off to a busy start with setting priorities and continuing programs and services. The search committee of Councilwoman Jaine Elkind Eney, Sabrina Fiddelman and myself continue to work with the recruitment consultant who has met with many stakeholders as she develops the outreach materials. The TVS (Town Village School) committee met last week. We shared information about Covid adaptations, budget updates and compared notes on the ongoing Police Reform and Reinvention reports. The Mamaroneck School district reported that they successfully began testing students and staff for Coronavirus. They also plan to move forward during the summer of 2021 with capital projects that were scheduled for 2020 at three elementary schools. The non-governmental Larchmont Mamaroneck Human Rights Committee held their annual MLK event via Zoom with participation of and recognition for various organizations throughout the community. It was great to see Councilman Jeff King participate. The number of Coronavirus cases in our community remains high, and in fact, is higher than at any other time in the past year. Please remember to wear a mask in public, wash your hands often, avoid large gatherings and maintain social distances. We must try to protect ourselves, our loved ones and our community. CITIZEN’S COMMENTS Supervisor Seligson asked Lindsey Luft, who is monitoring the public comment if any viewers had (virtually) raised their hand to speak. Cathy Sears of the Larchmont Gardens Civic Association addressed the Town Board with a quick follow up from the public hearing and asked if the larger containers were required. Mr. Altieri responded that this is still being discussed among the Commission. BOARD OF FIRE COMMISSIONERS Commissioner Seligson called the Meeting to order, then on motion of Commission 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 CLAIMS On motion of Commission Elkind Eney, seconded by Commissioner Fiddelman, it was 5 January 20, 2021 RESOLVED that this Commission does hereby authorize payment of the following Fire Department Claims as approved by the Fire Chief and audited by the Comptroller’s Office: ATTACHMENT 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 Commission Elkind Eney congratulated the newly elected Fire Chiefs, Captains and Lieutenants, and wished them to stay safe. 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. AFFAIRS OF THE TOWN 1. Authorization – My Senior Center Software On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the purchase of the My Senior Center Software for use by the Senior Center, for an electronic database to assist with membership, activities sign up and scannable ID badges, at a startup cost of $14,500, and an annual maintenance cost of $2,100. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2. Authorization – Memorandum of Understanding -NYPA Solar Agreement On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Memorandum of Understanding (MOU) with the New York Power Authority for a community solar project, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute the MOU on behalf of the Town. 6 January 20, 2021 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Set Public Hearing – “Addition of Stop Sign on Maxwell Avenue” Law On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Addition of Stop Sign on Maxwell Avenue” Law, for February 3, 2021 at 7:00 p.m., virtually 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 – Amend Love Your Food Grant Program On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the amendment to the consulting agreement with Fleur Creative Strategies (FLEUR), to amend and add services to the Love Your Food grant initiative at an additional cost of $2,550.00. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. Appointments to Boards and Commissions BOARD OF ARCHITECTURAL REVIEW On motion of Councilman King, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that Diane Neff be reappointed as Member E of the Board of Architectural Review, said term shall expire on December 31, 2023, and BE IT FURTHER RESOLVED, that Susan Healey be reappointed as Alternate A of the Board of Architectural Review, said term shall expire on December 31, 2023, and BE IT FURTHER RESOLVED, that Edward Jacobson shall serve as Chairperson of the Board of Architectural Review for the year 2021, and BE IT, FURTHER 7 January 20, 2021 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. BOARD OF ASSESSMENT REVIEW On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that Kathleen Spadaro be reappointed as Member C of the Board of Assessment Review, said term shall expire on September 30, 2025, and BE IT FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointees taking and subscribing the oath mandated by section 25 of the New York Town Law. BOARD OF ETHICS On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that Carol Scharff be reappointed to the position of Member E of the Board of Ethics, said term shall expire on December 31, 2023, and BE IT, FURTHER RESOLVED, that Robert Degen shall serve as the Chairperson of the Board of Ethics for the year 2021, and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law. PLANNING BOARD On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that Ira Block be reappointed as Member C of the Planning Board, said term to expire on December 31, 2025, and BE IT, FURTHER RESOLVED, that Elizabeth Cooney shall serve as Vice Chairperson of the Planning Board for the year 2021, and BE IT, FURTHER RESOLVED, that Ralph Engel shall serve as Chairperson of the Planning Board for the year 2021, and 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. SUSTAINABILITY COLLABORATIVE On motion of Councilman King, seconded by Councilwoman Katz, it was unanimously RESOLVED, that June Wallach, be appointed as Member H of the Sustainability Collaborative, said term to expire on December 31, 2023, and BE IT, FURTHER RESOLVED, that Arlene Novich, be appointed as Member I of the Sustainability Collaborative, said term to expire on December 31, 2023, and BE IT, FURTHER 8 January 20, 2021 RESOLVED, that Mitch Green, shall serve as Chairperson of the Sustainability Collaborative for the year 2021, and 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. TRAFFIC COMMITTEE On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that Stephen Bartell be reappointed as Member E of the Town of Mamaroneck Traffic Committee, said term to expire on December 31, 2023, and BE IT, FURTHER RESOLVED, that Camille Odierna be reappointed as Member F of the Town of Mamaroneck Traffic Committee, said term to expire on December 31, 2023, and BE IT, FURTHER RESOLVED, that Kimberly Larsen be reappointed as Member G of the Town of Mamaroneck Traffic Committee, said term to expire on December 31, 2023, and BE IT, FURTHER RESOLVED, that Doris Block shall serve as the Chairperson of the Traffic Committee for the year 2021, and 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. ZONING BOARD OF APPEALS On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that Stephen Marsh be reappointed as Member E of the Zoning Board of Appeals, said term to expire on December 31, 2025, and BE IT FURTHER RESOLVED, that Carol Miller be reappointed as Alternate B of the Zoning Board of Appeals, said term to expire on December 31, 2025, and BE IT FURTHER RESOLVED, that Arthur Wexler shall serve as Chairperson of the Zoning Board of Appeals for the year 2021. BE IT, FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law. CITIZEN’S COMMENTS (ADDITIONAL) Steve Lipkin asked for clarification on the names of the sworn in Firefighters and the appointments to Boards and Commissions. Mr. Lipkin was told that the Town would email him that information. 9 January 20, 2021 REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. th Supervisor Seligson announced the additional worksession scheduled for January 27 at 6:00 pm. ADJOURNMENT On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 10 January 20, 2021 ATTACHMENT A 11