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HomeMy WebLinkAbout2021_02_17 Town Board Meeting Packet O p 2 w m =• n t- x • FOUNDF.D 16C1 • TOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, February 17, 2021 5:30PM TOWN BOARD WORKSESSION: Work Sessions of the Town Board are public meetings. Members of the public are able to view the meeting on cable access television (Optimum 75, 76 & 77 or Verizon Fios 34, 35 & 36) or on https://Imcmedia.org/; however, there is no public commentary. Opportunity for public comments will be provided during the regular Town Board meetings when citizen comments are requested or when public hearings are held. 1. Comprehensive Plan 2. Update - Sanitation Commission 3. Request for Executive Session 4. New Business SUPERVISOR'S REPORT CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business 7;30PM AFFAIRS OF THE TOWN OF MAMARONECK Please cut and paste the link below to your web browser to join the webinar: https://us02web.zoom.us/j/86559711493?pwd=YVY2YWJad m ITZnJ DU EZaZVN CeXgzZzO9 Passcode: 207677 1. Appointments - Boards & Commissions 2. Authorization - Westchester County Contract - Meals on Wheels 3. Set Public Hearing - Parking Restriction East & West Brookside Drives 4. Set Public Hearing - Land Use Training Requirements 5. Authorization - Renewal - General Counsel Retainer 6. Authorization - Amend 2021 Part Time/Seasonal Salary Schedule 7. Consideration of Certiorari 8. Update - Racial Equity Task Force REPORT OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETING - MARCH 3, 2021 Page 1 of 44 r Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 2 of 44 THIS ITEM HAS NO ATTACHMENT COMPREHENSIVE PLAN THIS ITEM HAS NO ATTACHMENT UPDATE - SANITATION COMMISSION REQUEST FOR EXECUTIVE SESSION NEW BUSINESS THIS DOCUMENT HAS NO ATTACHMENT Page 6 of 44 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 17, 2021 SUBJECT: Fire Claims ATTACHMENTS: 1. Fire Claims Feb 17 2021 Page 7 of 44 Town of Mamaroneck From: Tracy Yogman -Town Comptroller -�t4 Re: Fire Claims Date: Feburary 17, 2021 The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount Byram Mason Supply Corp Calcium Chloride Pellets 501b $ 165.00 Broadway Minerva Cleaners Advanced Coat&Liner inspection, patch up 50 SQ INC on coat 48.00 Champion Elevator Corp Maintenance for month of February 2020 175.00 FireCompanies.Com Platinum Package-Hosting&Maintenance 2/1/2021 209.97 Municipal Emergency Services Firefighting Equipment-Channel Base, Paratech Angle Base etc. 8,338.48 Town of Mam'k Fire Dept. Food for Mask Confidence Drill 1/19/21,24HR Winter Storm Standby 2/1/21 582.00 UniFirst Corp Cleaning Supplies 1/29,2/05/2021 272.46 United Overhead Door Corp OH Door#2-repairs 443.98 Verizon TMFD 300M Fios Redundant Circuit 12/26/20-1/25/21 268.40 Verizon Fire HQ Service 1/10-2/9/21 273.90 VFIS Service awards-Volunteer FF-2021 71,970.00 Villa Maria Pizza Fast Drill Colation 1/27/21, New Member Drill 2/3/21,Storm Standby 2/7/21 159.12 WJWW 6"Metered Fire Service 12/26/20-1/25/2021 37.31 WJWW 205 Weaver ST Charges 12/22/20-1/25/21 88.19 Total $ 83,031.81 Page 8 of 44 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 17, 2021 SUBJECT: Other Fire Department Business ATTACHMENTS: 1. THIS ITEM HAS NO ATTACHMENT - OTHER FIRE DEPARTMENT BUSINESS Page 9 of 44 OTHER FIRE DEPARTMENT BUSINESS THIS ITEM HAS NO ATTACHMENT Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 17, 2021 SUBJECT: Appointments - Boards & Commissions ATTACHMENTS: 1. THIS ITEM HAS NO ATTACHMENT -APPOINTMENTS - BOARDS & COMMISSIONS Page 11 of 44 THIS ITEM HAS NO ATTACHMENT APPOINTMENTS - BOARDS & COMMISSIONS Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 17, 2021 SUBJECT: Authorization - Westchester County Contract - Meals on Wheels ATTACHMENTS: 1. Authorization - Westchester County Contract Meals-on-Wheels Funding Page 13 of 44 • Town of Mamaroneck W ` t`i m Town Center i x 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 Memorandum svaltieri@townofmamaroneckny.org www.townofmamaroneckny.org To: Supervisor and Town Board Re: Authorization- Westchester County Contract Meals-On- Wheels Funding Date: February 11, 2021 The County of Westchester has received funding through the Federal CARES Act to provide and expand Congregate Nutrition and Home Delivered Meals Programs. The first grant is$9,403 for the Nutrition Site(Senior Center)under the HDC2-FFRC ACT. The second grant is$34,958 for the Home Delivered Meals program under the HDC3-CARES ACT. These grants are retroactive from 3/20/2020 and for program costs through 9/30/2021. The plan for the Town is for the Community Services Office to collaborate with local agencies in the Village of Mamaroneck and Town of Mamaroneck to expand the Nutrition program for senior citizens age 60 and older. ACTION REQUESTED:THAT THE TOWN BOARD APPROVE THE CONTRACT BETWEEN THE TOWN AND WESTCHESTER COUNTY SUBJECT TO REVIEW BY COUNSEL TO RECEIVED ADDITIONAL FUNDING FOR CONGREGATE MEALS AND MEALS ON WHEELS AND THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO EXECUTE THE CONTRACT. Stephen V.Altieri Town Administrator 0 Printed um Recycled Patw Page 14 of 44 Westchester govcorn George Latimer County Executive Department of Senior Programs and Services Mae Carpenter Commissioner January 28, 2021 Ms. Anna Danoy Director, Community Services & Housing TOWN OF MAMARONECK 740 West Boston Post Road Mamaroneck, NY 10543 RE: HDC2—FFCR Act& HDC3 CARES Act Funds for Title IIIC-1 /111C-2 Nutrition Programs, PY 2020.2021 Dear Ms. Danoy: Attached to the e-mail that was sent with this letter is a blank copy of the HDC2—FFCR Act&HDC3 CARES Act contract for the provision of IIIC-1 /IIIC-2 Nutrition Programs by the TOWN OF MAMARONECK. The contract is comprised of an Agreement and Schedules°A" °B°°C °D° °E"and °F°. The term of the HDC2— FFRC Act Program shall commence retroactive to March 20, 2020 and expire on September 30, 2021, and the term of the HDC3—CARES Act Program shall commence retroactive to April, 1, 2020 and expire on September 30, 2021 Please be advised that the Board Act authorizing the County to enter into agreement with your municipality is pending approval of the Westchester County Board of Legislators(BOL). This means that Commissioner Carpenter cannot sign the agreement until the Board Act has been approved. Funding for the Programs will be in the amounts indicated below for actual services provided and data-entered in the New York State Office for the Aging's(NYSOFA'S)electronic reporting system: PeerPlace. The Department may reduce the amount payable to its contractors if the New York State Office for the Aging reduces the Department's federal funding,in which case you will be notified. PROGRAM HDC2—FFRC ACT HDC3—CARES ACT IIIC-1 /IIIC-2 $9,403 $34,958 Total $44,361 You MUST use the original contract documents that we have provided. NO ALTERATIONS may be made to the contract without the prior consent of the Dept. We also recommend that you keep an electronic copy of the contract on hand in the event that you need to reprint a page. With the exception of the applicable Excel Pages, DO NOT fill out the contract electronically as we want to maintain the integrity of the document. Noncompliance with these requests will result in the contract returned to your agency. B South FirstAvonue,10'i Floor Mount Vernon,New York 10550-3414 Telephone: (014)813-6400 Fax: (014)813-6388 Webelte: www.westcheatergov.com/aging Page 15 of 44_ Please print a copy of the contract and flint out making sure that where signatures are required on all documents that they are original. Return the ENTIRE originally signed contract to me at the address in the tooter on the first page. Contracts with COPIED signatures are unacceptable. Please refer to the'Standard Insurance Provisions'on pages 1 and 2 of Schedule'A'for detailed information regarding ALL required insurances. Contracts will be on hold pending receipt of any missing insurance form. Remember to list the County of Westchester as an Additional Insured on the Certificate of Liability Insurance. All Nutrition Program Contractors are required to mall in the completed PeerPlace Monthly Nutrition Report signed by the staff member responsible for the report. The reports should be received by the County no later than the tenth(10th)day of the following month. The County reserves the right to withhold payment to Contractor for its failure to submit the monthly report by the deadline,until the monthly report is received by the County. Please direct program-related questions to your program liaison Patricia Szeliga at 914-813-6432 or via e-mail at pls3©westc hestergov.com. You may also contact me at 914-813-6058 or via e-mail at ss)3Qwestchestergov.com for questions pertaining to the processing of the contract. Sincerely, SA 4,:,.,, Sharon Johnson Program Administrator Encl. Page 16 of 44 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 17, 2021 SUBJECT: Set Public Hearing - Parking Restriction East & West Brookside Drives ATTACHMENTS: 1. East and West Brookside Drives - No Parking on Grass Page 17 of 44 o -Z Town of Mamaroneck _ r" Town Center `'FOUNDED16677: 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: (914) 381-7812 OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809 cgreenodonne11@townofmamaroneckny.org TO: Stephen Altieri, Town Administrator Nancy Seligson, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Deputy Town Administrator DATE: February 10, 2021 SUBJECT: Amend Local Law to Restrict Parking along the Brook Recently, a resident brought to our attention that trucks periodically park on the grass along East Brookside Drive and West Brookside Drive. Although there is a local law that prevents parking on both of these roads, there is no law that restricts parking on the grass areas from the road to the Brook. As a result, the attached local law was drafted that would amend the current law(Section 219-18) which would restrict parking on the grass along the Brook on either side of Brookside Drive. If enacted, the Police Department would be able to issue a parking violation if a vehicle were to park on the grass. Members of the Traffic Committee reviewed the proposed local law and are in support of the parking restrictions. ACTION REQUESTED: That the Town Board set a Public Hearing to amend the local law to restrict parking on the grass along the Brook on East and West Brookside Drives. Page 18 of 44 Local Law No. -2021 This local law shall be known as the "Prohibition on Parking between the paved areas on East and West Brookside Drives and the Brook" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The purpose of this law is to prohibit parking on the grassy area between the pavement on East and West Brookside Drives and the Brook itself. Section 2-Prohibition of Parking within between Pavement and the Brook: Section 219-18 of the Code of the Town of Mamaroneck hereby is amended to add a new subsection C.to read as follows: C. No motor vehicle shall be parked between the pavement on East Brookside Drive and the pavement on West Brookside Drive and the Brook for the entire length alongside the Brook. Section 3-Sign(s)to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surface of East and West Brookside Drives indicating where parking is prohibited by this law. Section 4-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 5-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. January 29,2021 Page 19 of 44 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 17, 2021 SUBJECT: Set Public Hearing - Land Use Training Requirements ATTACHMENTS: 1. Set Public Hearing - Land Use Training Requirements Page 20 of 44 0 • s p Town of Mamaroneck , Z • County of Westchester 7' 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 W MakerJr4Townof Mamaroneck NY.org MEMORANDUM To: Members of the Town Board cc: Stephen V. Altieri, Town Administrator Christina Battalia, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Training for members of the land use boards Date: February 11,2021 I transmit a proposed local law that supersedes the state law with respect to the required number of hours of training for members of the land use boards and also contains provisions for monitoring compliance with the rules on training. Since there are separate sections in the Town Code for the board of appeals and the planning board, the local law is repetitive, simply changing the name of the board depending upon the section of the Code being amended. Previously, the Town Board had superseded the state statute by creating the positions of alternate members for the land use boards. Those provisions appear in the proposed local law as paragraphs (1) of the amended section 240-89 A and the amended section 240-95 A. There is no change in those provisions. The new material is contained in sections (2), (3) and (4) of the amendments to sections 240-89 A and 240-95 A. If the Town Board considers this proposed law worthy of public discussion, it may set a public hearing and after the hearing is closed, decide whether to enact it. I also transmit a copy of the sample resolution prepared by the Department of State regarding acceptable providers of training. If acceptable or acceptable with revisions, the Board can enact the resolution at a subsequent meeting. ,t �� / t to Printed on Recycled Pater Page 21 of 44 Maker Jr., William From: Lisa Hochman <lisahochmanlaw@gmail.com> Sent: Friday,January 29, 2021 1:10 PM To: Maker Jr.,William Subject: Sample resolution FYI https://www.dos.nv.gov/lg/lut/sample training resolution.html NYSDOS Division of Local Government Services Acceptable Training for Planning Board and Zoning Board of Appeals Members WHEREAS Town Law Sections 267 and 271,Village Law Sections 7-712 and 7-718, and General City Law Sections 27 and 81 provide that effective January 1, 2007, all planning board and zoning board of appeals members in New York State,as well as alternate members of those boards, must complete a minimum of four hours of training each year; and WHEREAS the above sections of state law provide that a planning board or zoning board of appeals member shall not be eligible for reappointment to such board if they have not completed the training required by law; and WHEREAS the above sections of state law provide that the legislative body of the town,village and city specifies which activities qualify as training to satisfy the state requirements; and NOW,THEREFORE, be it RESOLVED, that the following list of agencies,commissions,associations, universities, and other organizations are approved to provide training to meet the state requirements when the training they provide pertains to municipal planning, zoning, community design, environmental issues, economic development,and local government functions and practices: 1 Page 22 of 44 1) the NYS Department of State; Department of Agriculture and Markets; Office of the State Comptroller; Department of Health; Department of Transportation; Department of Environmental Conservation; Office of Parks, Recreation, and Historic Preservation; Hudson River Valley Greenway, • and 2) the New York State Association of Towns, the New York Conference of Mayors, the New York State Association of Counties, the New York Planning Federation,the American Planning Association,the Upstate New York Chapter of the American Planning Association and it sections, and the Metro New York Chapter of the American Planning Association and its sections, ; and 3) the Capital District Regional Planning Commission, Central New York Regional Planning and Development Board, Herkimer-Oneida Counties Comprehensive Planning Program, Lake Champlain-Lake George Regional Planning Board, Long Island Regional Planning Board,Southern Tier Central Regional Planning and Development Board, Southern Tier East Regional Planning Development Board, Southern Tier West Regional Planning and Development Board, Genesee-Finger Lakes Regional Planning Council, Hudson Valley Regional Council,Tug Hill Commission, and Adirondack Park Agency; and 4) the County Planning Federation, County Planning department(s); and County Soil and Water Conservation districts; and 5) the Albany Law School Governmental Law Center and Institute for Legal Studies, Pace Law School, Cornell University and its cooperative extension, ; and 6) on-line planning and zoning training programs offered by the New York Municipal Insurance Reciprocal, Pace University and Land Use Law Center, and the Lincoln Institute of Land Use Policy; AND LET IT FURTHER be RESOLVED, that other training activities may be approved on a case-by-case basis by the Town Board/Village Board of Trustees/City Council upon the request of a planning board or zoning board of appeals member; and be It further RESOLVED, that any new member appointed to fill the last months of a term shall not be required to have attended training to be reappointed to a first full term, 2 Pana 71 of 44 but must thereafter comply with the municipal training policy as provided elsewhere herein; and be it further RESOLVED, that training received by a planning board member or zoning board of appeals member in excess of four hours in any one year may be carried over by the member into succeeding years; and be it further RESOLVED, that the Town Clerk/Village Clerk/City Clerk/Director of the Department of Planning/ shall create and maintain a system of tracking the training individual members complete annually; and such information shall be presented to the appointing authority prior to considering a member for reappointment. Motion by: Seconded by: Vote AYES: NAYS: Date: Resolution Number: Sample Training Resolution (Microsoft Word) Sample Training Resolution (Corel Word Perfectl Sample Training Resolution (PDF) 3 Page 24 of 44 Local Law No. -2021 This local law shall be known as the "Supersession of Sections 267 (7-a) and 271 (7-a)of the New York Town Law in the Town of Mamaroneck" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 —Purpose. The Town Board concludes that the state requirement of four hours of training per year for seasoned members of the Board of Appeals and the Planning Board is more than necessary and that a lesser requirement will allow such members to remain schooled in the changes in and the updates to the laws on land use. Section 2-Amendment to an Existing Section of the Code of the Town of Mamaroneck. Section 240-89 A of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: "Supersession. "(1) Portions of section 267 (11) of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 267 (11) of the New York Town Law, as superseded below,shall apply in the Town of Mamaroneck. "Section 267 11. Alternate members. (a) A town board may, by local law or ordinance, or as a part of the local law or ordinance, or as part of the local law or ordinance creating the [zoning] board of appeals, establish alternate [zoning] board of appeals member positions for purposes of substituting for a regular member in the event such member is absent or is unable to participate because of a conflict of interest. Alternate members of the [zoning] board of appeals shall be appointed by resolution of the town board, for terms established by the town board. (b) The chairperson of the [zoning] board of appeals [may] shall designate [an] the alternate member to substitute for a regular member when such member is absent or is unable to participate because of a conflict of interest [on] with respect to a[n application or] matter before the board. The town board shall establish the procedure for making that designation. When [so designated, the] an alternate member sits in the place of a regular member, the alternate member shall possess all the powers and responsibilities of such Page 25 of 44 regular member of the board. Such designation shall be entered into the minutes of the [initial zoning] board of appeals meeting at which the substitution is made. (c) All provisions of this section relating to [zoning] board of appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members." "(2) Portions of section 267 (7-a) of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 267 (7-a) of the New York Town Law, as superseded below,shall apply in the Town of Mamaroneck. "Section 267 7-a. Training and attendance requirements. (a) Each member of the board of appeals who has not served upon the board of appeals or the planning board for at least sixty (60) months shall complete, at a minimum, four hours of training each year[designed to enable such members to more effectively carry out their duties). Each member of the board of appeals who has served upon the board of appeals or the planning board for at least sixty-one (61) months shall complete, at a minimum, two hours of training each year. Such training must be in areas designed to enable such members to more effectively carry out their duties. Training received by a member [in excess of four hours] in any one year that exceeds the minimal requirement for such member may be carried over by the member into succeeding years in order to meet the requirements of this subdivision. Such training shall be approved by the town board and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning and traditional classroom training." "(3) On a regular basis during the course of the year, members of the board of appeals shall provide the Town Clerk with copies of the certifications of attendance received by them from providers of training, or such other proof as may be available that indicates the type of training the members have received during the year. On or about October 1 of each year, the Town Clerk shall send a notice to each member of the board of appeals showing the number of hours of training that such member has reported for that year and the number of hours of training, if any, that such member must complete before December 31 of that year. 2 Page 26 of 44 "(4) On or about December 1 of each year, the Town Clerk shall submit to the Town Board a list of the names of each member of board of appeals and the number of hours of training for that year that each member has reported to the Town Clerk." section 3-Amendment to an Existing Section of the Code of the Town of Mamaroneck. Section 240-95 A of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: "Supersession. "(1) Portions of section 271 (15) of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 271 (15) of the New York Town Law, as superseded below,shall apply in the Town of Mamaroneck. "Section 271 15. Alternate members. a. A town board may, by local law or ordinance, or as part of the local law or ordinance creating the planning board, establish alternate planning board member positions for purposes of substituting for a regular member in the event such member is absent or is unable to participate because of a conflict of interest. Alternate members of the planning board shall be appointed by resolution of the town board, for terms established by the town board. b. The chairperson of the planning board [may] shall designate [an] the alternate member to substitute for a regular member when such member is absent or is unable to participate because of a conflict of interest [on] with respect to a[n application or] matter before the board. The town board shall establish the procedure for making that designation. When [so designated the] an alternate member sits in place of a regular member, the alternate member shall possess all the powers and responsibilities of such regular member of the board. Such designation shall be entered into the minutes of the [initial] planning board meeting at which the substitution is made. c. All provisions of this section relating to planning board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards,shall also apply to alternate members." "(2) Portions of section 271 (7-a) of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are 3 Page 27 of 44 new matter added thereto. Section 271 (7-a) of the New York Town Law, as superseded below,shall apply in the Town of Mamaroneck. "Section 271 7-a. Training and attendance requirements. a. Each member of the planning board who has not served upon the board of appeals or the planning board for at least sixty (60) months shall complete, at a minimum, four hours of training each year[designed to enable such members to more effectively carry out their duties]. Each member of the planning board who has served upon the board of appeals or the planning board for at least sixty-one (61) months shall complete, at a minimum, two hours of training each year. Such training must be in areas designed to enable such members to more effectively carry out their duties. Training received by a member [in excess of four hours] in any one year that exceeds the minimal requirement for such member may be carried over by the member into succeeding years in order to meet the requirements of this subdivision. Such training shall be approved by the town board and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning and traditional classroom training." "(3) On a regular basis during the course of the year, members of the planning board shall provide the Town Clerk with copies of the certifications of attendance received by them from providers of training, or such other proof as may be available that indicates the type of training the members have received during the year. On or about October 1 of each year, the Town Clerk shall send a notice to each member of the planning board showing the number of hours of training that such member has reported for that year and the number of hours of training, if any, that such member must complete before December 31 of that year. "(4)On or about December 1 of each year, the Town Clerk shall submit to the Town Board a list of the names of each member of the planning board and the number of hours of training for that year that each member has reported to the Town Clerk." Section 4—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 4 Page 28 of 44 shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 2021-02-11 5 Pale 29 of 44 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 17, 2021 SUBJECT: Authorization - Renewal - General Counsel Retainer ATTACHMENTS: 1. Authorization - Renewal - General Counsel Retainer Page 30 of 44 0 0 LU m ( own ofn1 }I Cllill'(lll('Cl{ 9. Town Center *FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: 914/381-7810 FAX: 914/381-7809 svaltieri@townofmamaroneckNY.org February 11, 2021 Mr. William Maker,Jr. Maker, Fragale & DiCostanzo, LLP 350 Theodore Fremd Ave Rye, NY 10580 Dear Mr. Maker: This letter shall serve to renew the retainer agreement between you and the Town of Mamaroneck to serve as the Attorney for the Town. The basic scope of services shall be according to the attached Schedule A. The renewal agreement shall be effective March 1, 2021. The duties of Attorney for the Town shall be carried out principally by you. It is understood however, that from time to time you will not be available and when that occurs, you will make arrangements to provide the Town with suitable counsel in your absence. The basic annual retainer shall be $110,000 payable in equal monthly installments. The basic retainer shall include litigation except (1) litigation relating to zoning or planning matters, (2) litigation relating to personal injuries, damage to property and/or civil rights claims, (3) arbitrations or litigation regarding personnel matters, (4) in-rem proceedings, (5) prosecutions of violations of the Mamaroneck Code and (6) certiorari matters. Notwithstanding exception (5), you will consult with Town employees and the Town prosecutors regarding the enforcement and the implementation of the laws of the Town that pertain to buildings and zoning. As for certiorari proceedings, the Town Assessor or consultant will be principally responsible for negotiating resolutions of all certiorari matters. As Attorney for the Town, you shall assist in the negotiations when necessary and review and/or draft stipulations of settlement. The time which you spend on certiorari matters will be billed to the Town on an hourly basis. The hourly rate for your services in certiorari matters and any other litigation not covered by the basic retainer for which the Town asks you to represent it shall be $225.00 You personally shall not practice or appear on behalf of any client, other than the Town of Mamaroneck, before the Courts, Boards or Commissions either of the Town of Mamaroneck, the Village of Mamaroneck or the Village of Larchmont. Members of your firm shall not practice or appear on behalf of clients before the Boards or Commissions of the Town of Mamaroneck; however, they may practice or appear on behalf of clients before the Courts, Boards or Commissions either of the Village of Mamaroneck or The Village of Larchmont. Members of your firm may practice or appear on • Pape 31 of 44 • Mr. William Maker,Jr. February 11, 2021 Page 2 behalf of clients in the Justice Court of the Town of Mamaroneck, but only in criminal cases where the people of the State of New York are represented by the Westchester County District Attorney, a special prosecutor or another state agency, such as the Attorney General of the State of New York. Neither you nor any member of your firm shall represent the Mamaroneck Union Free School District. Should the Town wish to terminate the retainer agreement sixty (60 days notice shall be provided to you. Likewise, you shall be required to provide sixty (60 days notice to the Town should you wish to terminate the retainer agreement. If you believe this to be our mutual understanding of the retainer agreement between you and the Town, please execute and return one copy to my office. Sincerely, Stephen V. Altieri Town Administrator SVA/glf Cc: Supervisor and Town Board Accepted and Agreed William Maker,Jr. Page 32 of 44 Schedule A Scope of Services—Attorney for the Town of Mamaroneck Except as amended by the retainer agreement, the following is the description of services to be provided by the Town Attorney. A. The Town Attorney shall act as legal advisor to the Supervisor and Town Board, the Town Administrator, and other staff and those Committees, Commissions and Boards established by the Town Board with the exception of the Planning Board and Zoning Board of Appeals that are represented by separate Counsel. B. It shall be the responsibility of the Town Attorney to render legal opinions, and prepare local laws, resolutions contracts, deeds and other reports. C. The Town Attorney shall represent the Town in all civil litigation in which the Town is a party except (1) litigation relating to zoning or planning matters; (2) litigation relating to personal injuries, damage to property and/or civil rights claims; (3) arbitrations or litigation regarding personnel matters; (4) In-rem proceedings, (5) prosecution of violations of the Mamaroneck Code and (6) certiorari matters. Notwithstanding exception (5), you will consult with Town employees and the Town Prosecutors regarding the enforcement and the implementation of the laws of the Town that pertain to buildings and zoning. D. In the event other counsel is required for tort actions or other litigation, the Town Attorney shall be responsible for recommending special counsel. All recommendations are subject to the approval of the Supervisor and Town Board. E. The Town Attorney shall at all times keep the Supervisor, Town Board and Town Administrator informed on all matters and cases. Schedule of Time The Town Attorney shall provide, except vacations, one day per week on Town business in the Town office. It is expected that the Town Attorney will also be available at such other times that may be necessary to advise the Town on matters. Additionally, the Town Attorney shall be required to attend all meetings of the Town Board and those meetings of other committees and boards as deemed necessary. Term The Town Attorney shall serve at the pleasure of the Supervisor and Town Board with a sixty (60) day written notice by the Board or attorney of any change or termination of services. Library The Town Attorney shall choose appropriate books for the Town law library and be responsible for obtaining all supplements and amendments to legal volumes. Paae 33 of 44 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 17, 2021 SUBJECT: Authorization - Amend 2021 Part Time/Seasonal Salary Schedule ATTACHMENTS: 1. Authorization - Amendment 2021 Part Time - Seasonal Salary Schedule Page 34 of 44 0 TTown of Mamaroneck Ijj Town Center •FDUNDED166tx 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: (914) 381-7812 OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckny.org TO: Stephen Altieri, Town Administrator Nancy Seligson, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Deputy Town Administrator DATE: February 10, 2021 SUBJECT: 2021 Salary Schedule for Part-time, Seasonal & Part-time Availability Employees The Town Board is being asked to approve the amended 2021 Salary Schedule for Part- time, Seasonal &Part-time Availability employees. The changes are as follows: 1) Office Assistant- increase salary range to$37/hr. (previously $25/hr.) The request is to compensate the individual who will be hired on a temporary basis to fill the position, Secretary to the Town Administrator. The position will be vacant at the end of February due to a retirement. The hourly rate is based on the annual salary reflected in the 2021 budget. 2) Laborer- lower salary range to $9/hr. (previously$15/hr.) Conservation Crew employees are classified as laborers and their minimum hourly rate is the stated figure. ACTION REQESTED: That the Town Board approve the amended 2021 Part-time, Seasonal and Part-time Availability Salary Schedule. Page 35 of 44 Town of .1? 9 O ZMamaroneckNew York Part-time, Seasonal & Part-time Availability Salary Schedule 2021 Hommocks Day Camp Director $8,000 -$13,700/season Assistant Director $4,600 - $9,400/season Unit Leaders $2,800 -$6,700/season Specialist/EMT $2,200 - $5,600/season Counselor/Lifeguard $1,500 - $4,000/season Custodian $1,000 - $4,000/season Hommocks Day Camp Breakfast Club & Extended Day Director $1,000 -$3,500/season Specialist $800 -$1,400/season Counselor $1,200 - $1,600/season Camp Monroe Director $4,000 - $7,500/season Assistant Director $2,800 - $4,400/season Unit Leader $1,500 - $4,000/season Specialist/EMT $1,500 - $4,500/season Counselor $1,000 -$3,500/season Pre School Camp &Extended Dav Director $3,800 -$7,650/season Assistant Director $2,600 - $4,900/season Unit Leader $1,200 - $4,200/season Specialist/EMT $1,200 -$4,500/season Counselor $800 -$3,000/season Hommocks Pool Manager/CPO $16.00 - $30.00/hr. 11 Page Page 36 of 44 Lifeguard $9.00 -$20.00/hr. Key Attendant $8.00-$17.00/hr. Swim Instructor $12.00 -$60.00/hr. Early Morning Swim Lifeguard $30.00 -$40.00/session Matron/Custodian $14.00 -$25.00/hr. Head Coach $9,000 -$12,000/season Assistant Coach $2,100 -$7,000/season Diving Coach $4,500 -$8,500/season Aqua Jog/Aqua Zumba Instructor $50.00 -$80.00/session Lifeguard Instructor $25.00 -$50.00/hr. Program Instructora Kayak Instructor $15.00 -$40.00/hr. Paddleboard Instructor $50.00 -$90.00/hr. Cooking Instructor $45.00 -$55.00/hr. Dance Instructor $50.00 -$75.00/hr. Art Instructor $50.00 -$75.00/hr. Music/Movement Instructor $50.00 -$75.00/hr. Fashion/Sewing/Beading Instructor $70.00-$120.00/hr. Fitness Instructor $50.00-$75.00/hr. Volleyball Instructor $40.00 -$80.00/hr. Men's Basketball Instructor $40.00- $80.00/hr. Ice Hockey Instructor $8.00-$35.00/hr. Ice Hockey Director $40.00-$75.00/hr. Trivia Instructor $50.00 -$85.00/hr. Ice Rink Alternate Manager $16.00-$30.00/hr. Recreation Supervisor $20.00-$25.00/hr. Cashier $14.00-$25.00/hr. Custodian $14.00-$20.00/hr. Skate Guard $9.00-$17.00/hr. Skate Room Attendant $9.00-$15.00/hr. Floor Changeover $20.00 -$40.00/hr. Skating School Skating School Director $17,000-$25,000/season Skating School Instructor $8.00 -$30.00/hr. 2IPage Paae 37 of 44 Concerts Crossing Guard $60.00 -$75.00/event Memorial Park Park Attendant $12.00 - $18.00/hr. Park Maintenance Aid $12.00 -$30.00/hr. Senior Center Recreation Attendant $15.00 - $28.00/hr. Bus Driver $15.00 - $22.00/hr. Recreation Assistant $20.00 -$30.00/hr. Ambulance District Paramedic $31.00 - $35.00/hr. EMT $18.00 - $22.00/hr. Police Department Parking Enforcement Officer $20.00 - $26.00/hr. School Crossing Guard $60.00 - $90.00/day Court Court Attendant $35.00 - $42.00/hr. Miscellaneous Intermediate Account Clerk $15.00 - $35.00/hr. Intermediate Clerk $15.00 - $35.00/hr. Office Assistant $15.00 - $37.00/hr. IT Support- Intern $15.00 - $25.00/hr. Laborer $9.00 - $35.00/hr. Mechanic $35.00 - $42.00/hr. Revised 2/2021 3II" g Page 38 of 44 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 17, 2021 SUBJECT: Consideration of Certiorari ATTACHMENTS: 1 . CONSIDERATION OF CERTIORARI - FEBRUARY 17, 2021 Paae 39 of 44 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: February 17, 2021 SUBJECT: Update - Racial Equity Task Force ATTACHMENTS: 1 . THIS ITEM HAS NO ATTACHMENT - UPDATE - RACIAL EQUITY TASK FORCE Page 43 of 44 THIS ITEM HAS NO ATTACHMENT UPDATE - RACIAL EQUITY TASK FORCE