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HomeMy WebLinkAbout2021_04_07 Town Board Minutes April 7, 2021 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD APRIL 7, 2021 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 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 On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Work Session was unanimously opened at 5:00 p.m. Cellular Tower Law/5G Additionally Present: Hank Menkes of Menkes Associates Mr. Menkes was recently contracted by the Town of Mamaroneck to advise the Town on amendments to its current Public Utility and Cellular Telephone Facility Law (Town Code 240-19). The Town Board asked Mr. Menkes to provide the Town Board with an overview and historical background of wireless services. Mr. Menkes presented a PowerPoint presentation titled “The Evolution of Wireless Services”. In discussing the next steps, Mr. Menkes suggested the Town Board appoint a few individuals and or staff, within the Town, who are well versed in the Town Code, to help with the drafting of a new law; this will ensure consistency with the Town’s current code. Moving forward, Mr. Menkes stated that a key issue is managing of right-of-ways, as these installations can be very disruptive; noting that the most control the Town has is in the area of aesthetics. The proposal from Mr. Menkes provides 20 hours of consulting, and he believes that is sufficient. Update - Sustainability Collaborative Additionally Present: Mitch Green, Chair of the Sustainability Collaborative and Arlene Novich, member of the Sustainability Collaborative Member. Mr. Green and Ms. Novich presented the Sustainability Collaborative’s second quarterly report on priorities and projects. The key discussion for this evening was “Restoring Mamaroneck’s Tree Canopy”. Ms. Novich is heading the ‘Tree Team’. A significant statistic of the presentation is that from 2017-2019 more trees were removed in the Town than were planted, and therefore the tree canopy is decreasing. The Collaborative proposed actions for increasing the canopy broken down by what can be done by the Town, residents and the Collaborative. Councilman King stated that many residents’ are removing trees out of fear, adding that there needs to be better education about the importance of replanting trees, specifically stronger ones. Councilwoman Katz would like to see what can, and should be done, to regulate trees on residential properties. Mr. Green added that the Collaborative is hoping to have a proposal this summer for 1 April 7, 2021 amendments to the Tree Code. Supervisor Seligson stated that the Town has not had a robust tree-planting program, but is currently working to propose sites for planting 10 tress this spring and 20 tree this fall. PACE Financing / Energy Improvement Corporation (EIC) The Town Board reviewed a previous memo from Mr. Maker dated March 31, 2021. Supervisor Seligson stated that what is not included in the memo is that 17 other municipalities in Westchester County have adopted a local law establishing this program. Some Town Board Members questioned the relevancy of this program with respect to other items the Town already has on its list of priorities. Supervisor Seligson stated that this is considered a high impact program by New York State, and valued very favorably with respect to Climate Smart Communities and the awarding of grants. The Town Board asked for a listing of the favorable programs and their ‘points’ within the value system. Supervisor Seligson added that 1 and 3 Washington Square have shown interest in the program. Floor Area Ration (FAR) The Town Board revisited the proposal from AKRF to review and make recommendations to the FAR law. Supervisor Seligson added that she is again receiving calls from residents about teardowns and blasting, adding this will certainly be something the Town will hear about from residents during the public outreach portion of the Comprehensive Plan. Councilman King stated that he would like to see a moratorium on teardowns while the Town Board works on this. The Town Board agreed and asked Mr. Maker to draft a moratorium for review at the next Town Board meeting. OUT OF ORDER Financial Management Software Town Comptroller, Tracy Yogman has analyzed options for an upgrade to the Town’s financial management system from Tyler Technology and Edmonds. Ms. Yogman is recommending Tyler Technology Munis Software; specifically, three modules - the Financial, Fleet Module, the Capital, Payroll, HR Module and the Tax Module. This is a cloud-based system, which can be expanded upon throughout the Town with other modules specific to other Departments. The Town Board reviewed the cost of implementation and the annual subscriptions, as well as a cost analysis of Tyler’s proposal versus the Edmond’s proposal and a detail of cost savings. Funding for this upgrade is part of the Town’s Capital Projects. Ms. Yogman asked to have Bill Maker review the Contract. Proposed Changes to the Notification Law When the Town consolidated its notification procedures within its land uses applications, the Town inadvertently left out the application for wetlands and watercourse permits. The attorney for the Land Use Boards notified Mr. Maker of this omission. Setting a public hearing for this amendment was added to the regular agenda for this evening. Update – Sanitation Commission The Town Board discussed the formation of the Advisory Board with respect to the expansion of a Sanitation District. The Town is unsure of the results of the most recent meeting of the Village of Larchmont Board of Trustees, but the Sanitation Commission feels the proposed Advisory Board language satisfies the Village of Larchmont’s need for representation. A number of Town Board members felt the language of the role of the Advisory Board as written allows for the Advisory Board to have decision power, and therefore, is not acceptable. Additional documents were provided in the packet that spoke to the dissolution of a District once it is created. New Business The Town Board revisited a proposal from the Town Clerk to add scooter parking in Commuter Lot A. The Town Board agreed with the idea and asked the Town Clerk to formalize this proposal for approval at the next Town Board meeting. The Town Board touched on the Cannabis legislation, noting that this is something the Town will need to address soon. Supervisor Seligson stated that the key issues are whether to opt out completely (this would 2 April 7, 2021 need to be done by December 31, 2021), and or regulate where it can be sold and used (lounges). The Town Board asked Mr. Maker to give them a primer of the key legislative issues at the next Town Board meeting. Councilwoman Fiddelman attended the Association of Towns legislative lunch, at which this was presented, and will share that PowerPoint with the Town Board. Supervisor Seligson asked the Town Board to consider, for the next worksession, their ideas on how to manage this, within the legislative parameters. Councilwoman Katz asked that a discussion of LMC Media be added as an agenda item for the next worksession. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 p.m. Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this evening. SUPERVISOR’S REPORT The Town has submitted the Police Reform and Reinvention Report and the Pandemic Response report to the State as required. Both documents are available on the Town website. The Comprehensive Plan Update Steering Committee held their first two meetings and we look forward to the initial public engagement. The Town, along with the two Villages is participating in a tri- municipal Energy Campaign to encourage residents to sign up for Community Solar and Grid Rewards to receive financial benefits as well as reduce fossil fuel consumption. NYS’s Clean Energy Communities program deems an energy campaign a high impact action with points that lead to making a municipality eligible for grant rewards. Town Administrator Steve Altieri’s last full day was last Thursday. We had some fun with him to mark his last day which happened to be April fool’s day. We plan to have a proper party outdoors to th celebrate Steve on June 11 He will continue as a consultant for the Town as needed until we hire a new Administrator. We received 80 applications from 18 states and have begun interviews. We have four strong candidates. We hope to make an offer by the end of April. st Organic waste pick up began April 1. Organic waste means yard waste such as grass clippings, leaves and small branches. Organic waste is collected on your second garbage collection day which is either Thursday or Friday. Please remember organic waste must be set out in either compostable brown bags or in a clean garbage can. Plastic bags are not acceptable. Additional information is available on the website L/M Sanitation.org. th On April 24, the Town will host its Annual Compost Give Back event at the Maxwell Avenue Recycling Center and the Annual Spring (Earth Day) Cleanup event at Hommocks Conservation Area. You can pick up nutrient–rich compost for your garden from 8:00 am to 1:00 pm at the Recycling Center and help clean up the beautiful wetlands, woods and marsh at Hommocks Conservation Area from 12 noon to 2:00 pm. Masks and social distancing will be required at these events. Please consider picking up litter around your house or neighborhood to enhance our community and welcome spring. Finally, the Mamaroneck School District is opening to full time full enrollment starting tomorrow, Thursday, April 8. Please drive carefully. PUBLIC HEARING (S) – “Assessment of Costs Incurred by the Town in Performing Property Maintenance” 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 on Wednesday, April 7, 2021 at 8:00 PM or as soon thereafter as is possible, to consider “Assessment of Costs Incurred by the Town in Performing Property Maintenance” 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 3 April 7, 2021 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. Purpose: This local law provides for the assessment of the costs incurred by the Town in removing brush, grass, rubbish, noxious weeds, litter or other similar unsightly or objectionable materials from real property where a property owner, tenant or occupant does not do so after being notified of the obligation to do so. 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 Published: March 26, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Mr. Maker explained the purpose of the law. 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, and Ms. Luft responded, no. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following Local law was approved: Local Law No. 5 - 2021 This local law shall be known as the “Assessment of Costs Incurred by the Town in Performing Property Maintenance” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: This local law provides for the assessment of the costs incurred by the Town in removing brush, grass, rubbish, noxious weeds, litter or other similar unsightly or objectionable material from real property where a property owner, tenant or occupant does not do so after being notified of the obligation to do so. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 161-3 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §161-3 Abatement; notice to comply A. Every owner, tenant or occupant of real property shall cut, trim or remove all brush, grass, rubbish, noxious weeds, litter or other similar unsightly or objectionable material therefrom at his/her/its own expense. B. The Town Clerk, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration may serve written notice upon the owner, tenant and/or occupant of any real property to trim, prune and, if necessary, remove noxious weeds, rubbish, litter or other similar unsightly or objectionable material from the property on a date that is not less than 10 days from the date of such notice. Such notice may be served either personally or by mail, addressed to any owner, tenant or occupant at the address shown for such property on the assessment roll or in any letter or writing addressed to the Town Clerk, the Assessor or the Receiver of Taxes. C. If there is a failure to comply with the notice described in section 161-3 B., the Town may, but shall not be obligated to, cut, trim or remove all brush, grass, rubbish, noxious weeds, litter or other similar unsightly or objectionable material from the property. Pursuant to section 64 (5-a) of the New York Town Law and sections 10 (1) (ii) (a) (8), (9) and (9 \[a\]) of the Municipal Home Rule Law, the “soft” and “hard” costs incurred by the Town in doing so, including the pro-rated portion of the salaries 4 April 7, 2021 (including overtime) of Town employees who perform or supervise all or some of the work, shall be assessed upon and constitute a lien and charge on the real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other town charges. D. The assessment of a lien upon the real property pursuant to this section shall be in addition to the fines and penalties provided in § 161-5 of this article. Section 3 -Amendment of a current section of the Mamaroneck Code: Section 161-5 A. hereby is repealed and the following substituted in its place: §161-5. Penalties for offenses. A. Any person violating any of the provisions of this article, as same may be amended from time to time, for which no other penalty is provided, shall be guilty of a violation punishable by a fine of two hundred fifty and no/ths ($250.00) dollars. 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. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye PUBLIC HEARING (S) – “Supersession of Sections 267 (7-a) and 271 (7-a) of the New York Town Law in the Town of Mamaroneck” 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 on Wednesday, April 7, 2021 at 8:00 PM or as soon thereafter as is possible, to consider “Supersession of Sections 267 (7-a) and 271 (7-a) of the New York Town Law in the Town of Mamaroneck” 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. 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. 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. 5 April 7, 2021 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: March 26, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Mr. Maker explained the purpose of the law, noting that there is a resolution to be adopted along with this local law, specifying which activities qualify as training. 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, and Ms. Luft responded, no. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following Local law was approved: Local Law No. 6 - 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 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." 6 April 7, 2021 “(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 on 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 on 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. \[Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subdivision.\] 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. “(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." 7 April 7, 2021 “(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 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 on 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 on 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. \[Training received by a member in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subdivision.\] 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 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. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the following was approved, WHEREAS, sections 267 and 271 of the New York Town Law provide that all members of planning boards and boards of appeals, as well as alternate members of those boards, must complete a minimum of four hours of training each year, and WHEREAS, these sections of the New York Town Law provide that the Town Board may specify which activities qualify as training to satisfy the training requirements. NOW THEREFORE, BE IT 8 April 7, 2021 RESOLVED, that the following list of agencies, commissions, associations, universities, and other organizations are approved to provide training to meet the state’s requirements when the training they provide pertains to municipal planning, zoning, community design, environmental issues, economic development, and local government functions and practices: (1) the Westchester Municipal Planning Federation and the Westchester County Department of Planning, and (2) the New York 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 (3) the New York State Association of Towns, the New York State 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 (4) 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 and Development Board, Southern Tier West Regional Planning and Development Board, Genesee-Finger Lakes Regional Planning Council, Hudson Valley Regional Council, Tug Hill Commissions, and Adirondack Park Agency, and (5) the Albany Law School Governmental Law Center and Institute for Legal Services, Pace Law School, Cornell University and its cooperative extension, and (6) on-line planning and zoning training programs offered by the New York State Municipal Insurance Reciprocal, Pace University and Land Use Law Center, and the Lincoln Institute of Land Use Policy, BE IT FURTHER RESOLVED, that other training activities may be approved on a case-by-case basis by the Town Board, acting on its own prerogative, or by the Town Administrator upon the request of a member or an alternate member of the planning board or the board of appeals, and BE IT FURTHER RESOLVED, that a member or an alternate member of the planning board or the board of appeals shall be reimbursed for reasonable expenses incurred in connection with training only if such person complies with the rules for obtaining reimbursement contained in Chapter 5 of the Town’s Administrative Manual, including pre-approval for attendance at conferences and seminars, and BE IT FURTHER RESOLVED, that any new member appointed to fill the last twelve months of a term shall not be required to have attended training to be reappointed to a first full term, but must thereafter comply with the Town’s training policy. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye CITIZEN’S COMMENTS Supervisor Seligson asked Lindsey Luft, who is monitoring the public comment if any viewers had emailed or (virtually) raised their hand to speak, and Ms. Luft responded yes from Brain Lobel. Ms. Luft then read Mr. Lobel’s correspondence as follows: “ 1. Can you explain why the town is considering a proposal to have a six member advisory committee for the town's garbage district which would have at least three members who are residents of the Village of Larchmont, as few as one member who is a resident of the unincorporated area, and allow three members to block a change in the district's operations -- especially when Village of Larchmont residents would pay 9 April 7, 2021 approximately 40% of the district taxes and the unincorporated area residents would pay approximately 60% of the district taxes. 2. Has the town's attorney opined on whether future Mamaroneck town boards would be bound by any such "advise and consent" agreement for the special district -- especially given the board's fiduciary responsibility for the town? 3. Can you explain the logic behind a selection committee for the town administrator position being composed of two residents of the Village of Larchmont, one resident of the Village of Mamaroneck and no residents of the unincorporated area of the Town of Mamaroneck -- especially when the unincorporated area residents pay the overwhelming majority of the town taxes and residents of the villages have chosen to forego many services from the town in favor of village services they control? ” Supervisor Seligson responded, that during tonight’s worksession the Town Board decided not to accept the proposed language of the Advisory Board. With respect to the third comment, the Search Committee is comprised of the Town Supervisor and two Councilmembers, all of whom have been elected by the entire Town, which includes the Village of Larchmont, and half of the Village of Mamaroneck. Councilwoman Katz added that the Search Committee has the full support of the Town Board. BOARD OF FIRE COMMISSIONERS Commissioner Seligson called the Meeting to order, then on motion of Commissioner 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 Commissioner Elkind Eney, seconded by Commissioner Katz, it was 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 Commissioner Elkind Eney read the Fire Report for the Month of March as submitted by Chief Hughes as follows: March 2020 ALARM TYPE NUMBER Generals 22 Minors 17 Stills 5 Out of Town (Mutual Aid) 3 EMS 30 Drills 5 10 April 7, 2021 TOTAL 82 Total number of personnel responding: 440 Total time working: 33 hours and 46 minutes Commissioner Elkind Eney recently toured the newly refinished basement at the Weaver Street Firehouse - the basement has been closed for three years, and she hopes they enjoy it. The next area to be renovated is the upstairs auditorium. The Department plans to paint and replace the rug in this publicly utilized area. There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner King, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Appointments to Boards and Commission On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was unanimously RESOLVED, that Joseph Mileto be appointed as Member D of the Town of Mamaroneck Housing Authority, 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 and shall expire on December 31, 2023. On motion of Councilwoman Katz, seconded by Councilman King, it was RESOLVED, that Virginia Picciotta be appointed to the position of Member B of the Town of Mamaroneck Traffic Committee, 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 and shall expire on December 31, 2023. 2. Acceptance of 2020 Justice Court Audit On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the following was approved, WHEREAS, Section 2019-a of the Uniform Justice Court Act requires that Town and Village Justices provide their court records and dockets to be examined and audited, and WHEREAS, the Town of Mamaroneck Justices have provided to the Town’s auditors for examination and audit, their court records and dockets, and WHEREAS, the auditors have reviewed these records and issued a report to the Town Board. NOW, THERFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby acknowledge that the audit report for the Town of Mamaroneck Justice Court has been completed, and that the Town Board has reviewed and accepted the report. 11 April 7, 2021 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Authorization – Renewal of Agreement Southeast Consortium Deferred 4. Authorization – Renewal of Inter-Agency Agreement On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the 2021 Inter-Agency Agreement with South East Consortium for Special Services, Inc., and BE IT, FURTHER RESOLVED, that the Deputy 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 5. Report of Bids – Contract #TA-21-05 Cleaning of Police Uniforms On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the following was approved, WHEREAS, on March 16, the Town publicly opened and read one (1) bid for Contract #TA-21-05 Cleaning of Police Uniforms. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract #TA-21-05 Cleaning of Police Uniforms, to the only responsible bidder, Excelsior Cleaners, for the years 2021 and 2022 at the following prices: 2021 2022 Trousers $3.00 $3.00 Shirts $3.00 $3.00 and BE IT, FURTHER RESOLVED, that the Deputy Town Administrator is hereby authorized to execute said Contract on behalf of the Town. 12 April 7, 2021 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6. Authorization – Town Administrator Advisory Agreement On motion of Councilwoman Katz, seconded by Councilman King, the following was approved, WHEREAS, on August 31, 2020 the Town Board appointed Stephen V. Altieri as Interim Town Administrator to carry out the duties of Town Administrator, and WHEREAS, the Town Board wishes to continue to have Stephen V. Altieri as an advisor to the Town to assist with the Town’s administration until the recruitment of a new Town Administrator is completed. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approved the Advisory Agreement between the Town of Mamaroneck and Stephen V. Altieri. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 7. Resolution – Temporary Amendment to the Town’s Purchasing Procedures On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the following was approved: WHEREAS, the Interim Town Administrator, Stephen V. Altieri will, effective April 2, 2021, transition to the role of consultant to the Town, during the months of April and May of 2021, and WHEREAS, until the Town appoints a new Town Administrator it is necessary for the Town to continue its procurement and purchasing functions. NOW, THEREFORE, BE IT RESOLVED, that the Town Comptroller shall be granted the authority of the Town Administrator to execute all requisitions, purchase orders, claim forms and purchasing agreements as provided for in Chapter 3 of the Town’s Administrative Manual. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 8. Authorization – 2021 Operating Budget Amendment On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was 13 April 7, 2021 RESOLVED, that the Mamaroneck Town Board does hereby approve the 2021 Operating Budget Amendments as detail by the Town Comptroller in the following schedule: ATTACHMENT B The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 9. Set Public Hearing – “Correction of the Notification Chapter in the Code of the Town of Mamaroneck” Law On motion 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 “Correction of the Notification Chapter in the Code of the Town of Mamaroneck” Law, for April 21, 2021 at 7:30 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. APPROVAL OF MINUTES On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of March 3, 2021. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT Supervisor Seligson adjourned the meeting in memory of Dr. Wittner, the husband of former Town Councilwoman, Phyllis Wittner. Dr. Wittner was an exceptional physician and scientist in the area of infectious diseases. He had many wonderful and interesting hobbies, and he will surely be missed. Our thoughts go out to his family. On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 14 April 7, 2021 ATTACHMENT A 15 April 7, 2021 ATTACHMENT B 16