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HomeMy WebLinkAbout2021_05_05 Town Board Minutes May 5, 2021 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD MAY 5, 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 Elkind Eney, seconded by Councilman King, the Work Session was unanimously opened at 5:00 p.m. Presentation – Clean Energy Community Additionally Present: Rich Polcari, Building Inspector and the presenter, Carla Costilla, NYSERDA Clean Energy Program Coordinator and the Hudson Valley Regional Council, Deputy Executive Director / Clean Energy Communities Coordinator Ms. Castilla gave a presentation titled “Leading as a Clean Energy Community Town of Mamaroneck Town Board”. The Town Board asked Ms. Castilla a number of questions and discussed a number of programs and available grants that the Town could participate in. Ms. Castilla offered to stay online through the next conversation, in case there were any questions she could answer. Discussion – NYStretch Code Additionally Present: Rich Polcari, Building Inspector The Town Board asked Mr. Polcari to speak with the Town Board to address what the NYStretch Code adoption would mean for the Town. Mr. Polcari explained that the NYStretch Code is just a supplement to the Town’s existing code and is very easy to implement. Most of the cost to the contractor is in required inspections, adding that most of the required installations may seem onerous on paper, but are actually quite doable. From the Town’s perspective, the concentration will be on getting the word out to the contractors and getting them educated. Carla Castilla added that NYSERDA is working to develop flyers, handouts, and email verbiage. Mr. Polcari added that the NYStretch Code are low-cost requirements with big cost savings to the homeowner, adding that a majority of the contractors are already building to the NYStretch Code. The Town Board discussed the process for adopting the NYStretch Code. NYSERDA has draft wording for local laws, and Ms. Castilla mentioned having NYSERDA view, any draft law before adoption. 1 May 5, 2021 The Supervisor and her Office have been working to update the Town’s energy use through the new Portfolio Manager energy tracking software program. Keeping this up to date and available to the public is a “high impact action item” in the NYS Clean Energy Communities program. Ms. Castilla mentioned that the Town’s next steps in the Clean Energy Community Program, is to pass a resolution to benchmark energy use and to run and submit the proper program reporting. Supervisor Seligson will add the resolution to the May 19, Town Board meeting. Proposed Memorial – REALM (Recognizing Enslaved Africans of Larchmont-Mamaroneck) Previously REALM presented their work and initiatives to the Town Board. They are currently asking the Town Board to consider the possibility and suitable location for a memorial on Town property. The Town Board was very favorable to the idea, and asked Mr. Maker to research Town Law on the necessary process. The Town Board will also need to set a policy for future requests. Review – Amendment to Rock Removal Law As described by Mr. Maker, “the current law does not explicitly require an applicant to deliver a copy of the survey of the improvements on specific neighboring properties to the owners of those properties or to the Building Department. This amendment makes that requirement explicit.” Setting of the public hearing is on the regular agenda for this evening. Review – Amendment to Sewer Rent Law Mr. Maker’s draft amendment will add an outside date for which an appeal of one’s Sewer Rent Fee is no longer assailable. Setting of the public hearing is on the regular agenda for this evening. New Business Supervisor Seligson stated that the next step in discussions of sanitation should be an in-person joint meeting with the Village of Larchmont. The Village of Larchmont agrees, and the proposed date is May 25, at 6:00pm. Supervisor Seligson asked the Town Board to bring their calendars to the next meeting, and be prepared to discuss the summer meeting schedule. Councilwoman Elkind Eney gave an update on the Comprehensive Plan update process, stating that the last meeting was very productive. The outreach plan is being reworked and will be before the Town Board for approval once finalized and approved by the Steering Committee. The Steering Committee is discussing a ‘big launch’, as well as a design for a logo. Councilwoman Elkind Eney will be reporting regularly on the progress of the Comprehensive Plan. The Town Board asked that the Draft Minutes be given to the Town Board the Friday before a Town Board meeting. On motion of Councilwoman Fiddelman, seconded by Councilman King, the Board unanimously agreed to enter into an Executive Session to discuss the employment history of three individuals. On motion of Councilwoman Fiddelman, seconded by Councilman King, the Board unanimously agreed to enter into an Executive Session to discuss the employment history of three individuals. EXECUTIVE SESSION On motion of Councilwoman Fiddelman, seconded by Councilman King, the Board unanimously agreed to resume the Regular Meeting. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 2 May 5, 2021 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 Happy Cinco de Mayo. We had several successful spring events this past two weeks in what feels like an awakening from Covid. I think we had the most successful Annual Spring Cleanup yet at Hommocks Conservation Area. We had over 65 people participate in beautifying the natural area by picking up litter and debris. We collected 15 bags of litter, 15 bags of recycling and lots of large debris. Volunteers also helped cut invasive vines. It was a gorgeous day for a cleanup or just about anything. That same day we had a Compost Give-back event at the Maxwell Avenue Recycling Center where we gave away 20 yards of rich natural compost made from food scrap recycling for residents to use in their gardens. Thank you to the many Sustainability Collaborative members and Town staff that worked at these events. We held a press event, along with Sustainable Westchester on April 27 to announce the Hommocks Ice Rink Community Solar Project. As I’ve reported before, the Town rented the roof of the Hommocks Ice Rink to a solar contractor who has installed solar panels that will provide electric power for about 150 homes in the Town. The beauty of Community Solar is that it allows people who can’t install solar panels on their homes to participate in the benefits of solar power by subscribing to a solar project off site. Another interesting benefit of this project is that we are working with Sustainable Westchester to market the solar power to low and moderate income and apartment dwelling residents first so they can benefit from the ten percent discount in their electric bills. th We also held an Arbor Day event to celebrate the Town’s 29 anniversary being named a Tree City USA by the National Arbor Day Foundation. We planted a scarlet oak tree that will be dedicated to retired Town Administrator Steve Altieri. I want to thank resident Pat Haggerty, who worked with Larchmont Nurseries, to arrange to give away hundreds of tree saplings to residents to plant to increase the Town’s tree canopy. Call Larchmont Nurseries if you’re interested in planting a tree sapling. You can always donate to the Trees for Our Town fund that supports our efforts to plant trees. I’m participating on the Westchester County Climate Crisis Taskforce Water Committee and the focus of the committee is on the County’s sewer consolidation study. Our New Rochelle Sewer District is pilot study group for evaluation. We held two special Town Board meetings in the last two weeks, one to discuss a candidate for Town Administrator and one to discuss the structure of the Sanitation Commission. We hope to present a new Town Administrator to the community in the next two weeks. We are still working with the Village of Larchmont on the Sanitation Commission structure. We are looking for volunteers interested in being considered for appointment to the Traffic Committee and Coastal Zone Management Commission. Please look on the Town’s website for more information about the boards and send me a resume if interested. I will mention the sad news that we lost two special people in the Town yesterday; Phyllis Wittner and Dennis Tortorella. We will talk about both of them at the end of the meeting. 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 that there was not. 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 3 May 5, 2021 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 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 B The above resolution was put to a roll call vote: Commissioner King Aye Commissioner Fiddelman Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Seligson Aye 2. Other Fire Department Business Commissioner Elkind Eney read the Fire Report for the Month of April, as submitted by Chief Hughes as follows: ALARM TYPE NUMBER Generals 25 Minors 19 Stills 0 Out of Town (Mutual Aid) 4 EMS 53 Drills 5 TOTAL 105 Total number of personnel responding: 536 Total time working: 43 hours and 00 minutes There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Resolution – Tenant Right to Counsel during COVID-19 Pandemic The Town Board greeted Caitlyn Carpenter, Todd Freifeld, Allison Hecht and Frances McDowell, of the Mamaroneck High School (MHS) Original Civic Research and Action Group, who have worked the last few years to bring the issue of tenant eviction and lack of legal representation to the forefront. They are currently working with the Community Resource Center and the Right to Counsel Coalition to make this a top priority for Westchester County Legislators. The group presented a PowerPoint presentation to demonstrate the need for this initiative. The Town Board thanked the students for the information and praised them for their excellent presentation. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the following was approved, TENANT RIGHT TO COUNSEL DURING THE COVID-19 PANDEMIC 4 May 5, 2021 WHEREAS: the COVID-19 pandemic has cast a bright light on housing, courts, and access to justice; and WHEREAS: the Town of Mamaroneck is committed to increasing access to legal counsel for self-represented litigants; and WHEREAS: the unprecedented health and economic crises caused by the COVID-19 pandemic are compounding and intensifying the legal needs of many Westchester individuals, including: 1) 23.7% of the total of 31,557 renter households in Westchester could be facing eviction in the next \[1\] few months, stressing non-profits, municipal services, and creating a human and public health crisis; 2) 758 renter households in Mamaroneck could be facing eviction in the next few months; 3) even before the COVID-19 pandemic, Westchester had some of the highest eviction rates in the state; and WHEREAS: pandemic-driven evictions are at Mamaroneck’s doorstep even with the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020; and WHEREAS: the plight of renters facing eviction is disruptive, destabilizing, and can have long term personal and financial negative consequences for the families and the community at large; and WHEREAS: an eviction, once entered, affects a tenant's credit and impacts the ability to obtain safe and healthy housing in the future without a process to seek or expunge the prior eviction; and WHEREAS: currently residents do not have a right to counsel in eviction proceedings; and WHEREAS: Mamaroneck’s families facing eviction are not very likely to have legal representation; and WHEREAS: 93% of landlords are represented in court in Westchester while only 7% of tenants are represented, and in New York City, tenants were found to win 80 percent of the time once represented; and WHEREAS: there is an imbalance in legal knowledge and legal processes that places Mamaroneck families facing the loss of their home at a significant disadvantage; and WHEREAS: landlords are also harmed when tenants are evicted, given that they may face long or short term vacancies, re-letting costs, and potential loss of rental arrears when tenants are evicted; and WHEREAS: currently, state, county, municipal, and private funds are available to landlords on behalf of tenants to pay late rent and even future rent for persons impacted by COVID-19; and WHEREAS: there is precedent for providing legal services to tenants in New York State, as seen in New York City with Interro-214 and in Monroe County. NOW, THEREFORE, BE IT RESOLVED that I, Nancy Seligson, Town Supervisor, and members of the Town Council of the Town of Mamaroneck encourage the Westchester County Board of Legislators and the County Executive to enact legislation guaranteeing Westchester tenants the Right to Counsel in eviction proceedings across Westchester County. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2. Sale of Land – Wesleyan Avenue On motion of Councilwoman Katz, seconded by Councilman King, it was 5 May 5, 2021 RESOLVED, that the Mamaroneck Town Board does hereby authorize the Deputy Town Administrator to execute the contract of sale for the portion of Wesleyan Avenue to Winged Foot Golf Club, Inc., as previously approved by the Town Board. 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 – First Amendment to the Mechanical Rock Removal Law On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “First Amendment to the 2020 Revision of the Mechanical Rock Removal” Law, for May 19, 2021 at 8:00 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. Set Public Hearing – “Deadline for Taking a Sewer Rent Appeal” Law On motion of Councilwoman Katz, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Deadline for Taking a Sewer Rent Appeal” Law, for May 19, 2021 at 8:00 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. 5. Authorization – Consultant’s Proposal for Memorial Park Playground Renovations This item was deferred. 6. Salary Authorization – Deputy Town Clerk On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the following was approved, WHEREAS, with the Town Clerk’s appointment of Allison May as Deputy Town Clerk, the request of the Town Board is to approve the salary for Allison May. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the annual salary of $61,210.00, for Deputy Town Clerk, Allison May, effective May 6, 2021. 6 May 5, 2021 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 7. Support Resolution – Town of Rye Grant Application On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following was approved, RESOLUTION SUPPORTING THE TOWN OF RYE IN AN APPLICATION TO THE BRIDGE NY GRANT PROGRAM TO REPLACE THE SOUTH BARRY AVE. BRIDGE OVER OTTER CREEK WHEREAS, pursuant to a March 2004 stipulation and settlement between and among the Village of Mamaroneck, the Town of Mamaroneck, the Town of Rye, the Village of Port Chester and the Village of Rye Brook, in the event that grant funding is being sought for maintenance activities (including replacement) of bridges located in the Village of Mamaroneck, all of the participating municipalities will jointly file in any local, State, or federal application or other application seeking grant funds to maintain and/or repair the bridges; and WHEREAS, the Town of Rye is seeking Bridge NY Grant funding to replace one such bridge, the South Barry Avenue Bridge over Otter Creek, located in the Village of Mamaroneck; and WHEREAS, pursuant to the 2004 agreement, the Town of Rye is wholy responsible for the bridge replacement with no capital costs of the bridge structure replacement to be incurred by the other municipalities that are party to said agreement BE IT RESOLVED, that the Town of Mamaroneck supports the Town of Rye’s decision to seek a Bridge NY Grant for funds to be used to replace the South Barry Avenue Bridge over Otter Creek. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 8. Consideration of Certiorari On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Flash Holding Corp. 172 E. Prospect Avenue Section/Block/Lot: 9-6-117 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2016 $1,280,000 $285,000 $995,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 7 May 5, 2021 9. Reappoint – Member of the Library Board On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, it was RESOLVED, that Linnet Tse be reappointed to the position of Member of the Larchmont Library Board, 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 May 30, 2026. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye APPROVAL OF MINUTES On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of April 21, 2021. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT Supervisor Seligson closed the meeting in memory of two special individuals who passed yesterday. Dennis Tortorella who was a former TMFD Captain and honorary Chief, and father to one of our wonderful Fire Chiefs, Paul Tortorella, and Phyllis Wittner, a former Councilwoman for the Town for more than eighteen years. Supervisor Seligson spoke of Phyllis Witter, who initiated many environmental endeavors and programs and was instrumental in preserving the Premium River Marsh and Pryer Manor Marsh. She worked closely with the Coastal Zone Management Commission, and was instrumental in the creation of LISWIC, the Long Island Sound Watershed Intermunicipal Council. LISWIC convened eleven municipalities to work on water quality issues. She authored several books on the environmental history of the Town of Mamaroneck. She was a strong woman on the Town Board, and was so instrumental in her role, contributing greatly throughout the years. She had a wonderful sense of humor and a great appreciation for life. She was a great friend and mentor to me and to so many others. Our heartfelt condolences go out to her children, David and Lisa, and their families. Councilwoman Elkind Eney spoke of Dennis Tortorella, who served the Town of Mamaroneck Fire Department for over fifty years, as a Captain and an honorary Chief. He served our Country in the Vietnam War, and also served his Country on September 11. With his wife Liz, they raised two wonderful men. Paul Tortorella a Chief for the Town of Mamaroneck Fire Department and Chris Tortorella, also a member of the Town of Mamaroneck Fire Department. Dennis came from a long line of Fire Fighters, including his father Carl and brother Rich. He was a quiet hero, so kind and always helpful, and will be missed by many. Our condolences go out to his wife Liz, sons Paul and Chris, and their families. 8 May 5, 2021 On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 9