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HomeMy WebLinkAbout2021_08_17 Town Board Minutes August 17, 2021 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD AUGUST 17, 2021 BEGINNING AT 5:00 PM IN CONFERENCE ROOM C AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Nancy Seligson Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilwoman Sabrina Fiddelman Councilman Jeffery L. King ALSO PRESENT: Christina Battalia, Town Clerk Meredith S. Robson, Town Administrator Connie Green O’Donnell, Deputy Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION The Worksession of the Town Board was called to order by Supervisor Seligson at 5:00 p.m. Additionally Present: Steve Altieri, Tracy Yogman Town Comptroller, Rob Wasp Town Engineer and 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. Update – Tree Law and Sustainability Collaborative Presenters: Mitch Green Chair of the Sustainability Collaborative (on Zoom), and Arlene Novich member of the Sustainability Collaborative, and head of the Sustainability Collaborative Tree Team. At a previous Town Board Meeting the Sustainability Collaborative presented to the Town a Tree Canopy White Paper. The Sustainability Collaborative presented four priorities for implementing amendments to the Town’s Tree Code. The Town Board agreed that the Tree Code needs to be updated to address tree preservation, not just removal. The Town Board will take the priorities presented this evening and work with the Town Attorney on implementing amendments to the Code that better reflect the intentions of the Town Board. OUT OF ORDER Update – Pryer Manor Road There has been review of the status of Pryer Manor Road, and whether it is public or private. Pryer Manor Road was previously on the 2021 Town Paving Schedule, but was removed when it was determined to be a private road. Deed documents were provided that show the road was turned over to the Town, but Town records do not show a record of it formally being accepted by the Town. It appears that the residents would like the road to be dedicated to the Town. Mr. Maker was asked to do a title search before the Town Board will proceed. It was also noted that a small section of Dogwood Lane and Wildwood Circle are in the Town of Mamaroneck. Mr. Maker will research those sections to determine if they have been dedicated, and if not they could be dedicated at the same time. Update – Hommocks Community Solar Project Mr. Altieri stated that in an update to his memo, the community solar project is 60% subscribed with 11- 12% low to moderate-income households (LMI). There has been a very active marketing effort targeting the LMI residents, but the subscriptions among this demographic are still lower than hoped for. Among other updates, the Town Board was asked to determine whether to open up the remaining capacity to Town 1 August 17, 2021 residents or use the remaining spots for municipal use at the Town Center. The Town Board preferred to offer the program to all residents, as there are other opportunities for the Town to participate and benefit from other solar programs. Update – Sanitation Commission Mr. Altieri referred to his memo to the Town Board, dated August 13, 2021. At this time, there is not enough time to create an extended District for 2022. The Two Boards must begin to budget for 2022. The issue of the overlapping routes and the incorrect tonnage calculations have been resolved. Mr. Altieri’s memo indicates that there does appear to be a consensus that the shared garbage collection service is a great value to both communities. The Town Board was asked, and agreed, to consider an apportionment of the Commission budget with 59% to the Town and 41% to the Village. Mr. Altieri’s memo showed negligible impact but for now addresses the corrected apportionment of expenses while the Town and Village continue to work out the details on the extended district concept. Supervisor Seligson and Mr. Altieri will inform the Village of Larchmont about the apportionment decision. Update –Capital Project 2015-45 Weaver Street Sidewalk Extension Rob Wasp presented, and addressed his memo to the Town Board, dated August 12, 2021, detailing that the project costs have escalated, why, and how the project could be funded moving forward. An immediate step that needs to be addressed before grant funds will be distributed is the issuing of acceptance letters for Town purchase of the required right-of-ways. The cost for implementing the right-of-ways is $50,000. Mr. Maker will review the letters to make sure they are not binding in case something should prohibit the project from moving forward. Mr. Wasp was asked to review and estimate adding safety features, such as guardrails, to the project. Mr. Wasp was asked to look for additional grant opportunities, although he did state this was unlikely. Review – Report of Bids – TA-21-08 Town Center HVAC Improvements Rob Wasp presented, and addressed his memo to the Town Board dated August 12, 2021. Mr. Wasp’s memo addresses the funding and the grant funds received. The bid proposals were structured whereby the cost for the Court Room system (Alternate D) was isolated. The Town Board discussed whether to award the contract for all the systems or without the Court Room. The Town Board will move forward to award the total project including the Court Room (Alternate D). Limiting Commercial Work during the Weekend Supervisor Seligson asked the Town Board if they wished to entertain the resident’s suggestion to limit commercial work during the weekend, and after reviewing the Building Inspector’s email memo, the Town Board responded, no. There was no additional discussion. Update – American Rescue Plan Tray Yogman informed the Town Board that the originally expected Federal funding has been reduced by $45,346. It is suggested that the eligible premium pay, previously recommend for the spending plan be removed. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the amended American Rescue Plan Tranche 1 – Update Spending Plan – June 2021 as follows: ATTACHMENT A The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2 August 17, 2021 Draft Resolution – “For the People” The Town Board reviewed the resolution and determined to remove the sentence that states “including 56% of Republican voters and 68% of Independent Voters”. Adopting the resolution was added to the regular agenda for this evening. Discussion – Residential Housing Study and Moratorium Supervisor Seligson stated that the Town is no longer working with AKRF to review the residential zoning, and the Town Board will need to decide how to proceed. On Thursday evening the Town Board will discuss the Comprehensive Plan process with Tiffany Zezula, Deputy Director, Land Use Law Center, Adjunct Law Professor, and will address with her how this should relate to the Comprehensive Plan. The Town Board agreed that they were uncomfortable continuing the Moratorium if the Town was not actively addressing the residential zoning. For the moment, the consensus was to let the Moratorium expire on October 31, 2021, and not rescind it before that date. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Board unanimously agreed to enter into an Executive Session to discuss potential litigation and the employment history of a particular individual. EXECUTIVE SESSION Potential Litigation Employment History of a Particular Individual. 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 This is our new Town Administrator, Meredith Robson’s first Town Board meeting. We welcome her and already thank her for her service to the Town. Coronavirus is not going away as easily as we had hoped. Delta and other variants are causing caseloads to increase. We currently have 23 cases in the Town of Mamaroneck. The Town policy continues to require facemasks and social distancing in common areas of Town buildings including conference rooms regardless of vaccination status and facemasks are required when there are two or more employees in a vehicle. As a way to gauge potential risk to employees and the public, we have also asked all employees to report their vaccination status to their direct supervisor. We hope these efforts will keep everyone healthy and of course we all hope to return to pre-Covid conditions. Data from the 2020 US has been released and the population of Westchester County increased 5.8% and the population of the unincorporated area of the Town of Mamaroneck increased 7.3% or by 873 people. The Village of Larchmont had an increase of 13.1%, the largest increase of any municipality in Westchester County! I think these increase reflect both the actual increases in population and the more effective counting that was accomplished during 2020. Moody’s Financial Services recently updated their review of the Town’s financial picture and confirmed our Aaa rating, the highest possible rating. That allowed the Town to secure an interest rate of 1.19% for the sale of bonds. 1.19% is an extremely low rate and results in a low debt service fee for the Town. Westchester County is moving forward with the second phase of a sewer consolidation study for the four municipalities in the New Rochelle Sewer District which includes the Town, Village of Larchmont, City of New Rochelle and Village of Pelham Manor. Arcadis the consultant conducting 3 August 17, 2021 the study and reviewed the process with us today. The report should be completed by the end of the year. PUBLIC HEARING – “Amendment of the Adoption of the NYStretch Energy Code 2020, supplement to the 2020 Energy Conservation Construction Code of New York State “ 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, a Public Hearing will be held on Tuesday, August 17, 2021 at 8:00 PM or as soon thereafter as is possible, to consider “Amendment of the Adoption of the NYStretch Energy Code 2020, supplement to the 2020 Energy Conservation Construction Code of New York State “ Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: The Town adopted the NYStretch Energy Code 2020 supplement to the 2020 ECCCNYS, published by the New York State Energy Research and Development Authority, by enacting Local Law No. 10 of 2021. Subsequent to its enactment, the Town learned that section R403.6.2 of the NYStretch Energy Code is at odds with section M1505.4.1 of the 2020 Residential Code of the State of New York. The purpose of this amendment is to excise section R403.6.2 from the NYStretch Energy Code as adopted by the Town of Mamaroneck. The full text of this document can be viewed on the website or copies can be obtained at the Town Clerk's office during regular hours, Mon-Fri, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, NY PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. Published: July 30, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Public Hearing was unanimously opened. Mr. Maker explained the purpose. Supervisor Seligson asked if any Town Board Members or the public wished to comment. There were no additional comments or questions. On motion of Councilwoman Fiddelman, seconded by Councilman King, the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the following Local law was approved: Local Law No. 11 - 2021 This local law shall be known as the “Amendment of the Adoption of the NYStretch Energy Code 2020, supplement to the 2020 Energy Conservation Construction Code of New York State” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town adopted the NYStretch Energy Code 2020 supplement to the 2020 ECCCNYS, published by the New York State Energy Research and Development Authority, by enacting Local Law No. 10 of 2021. Subsequent to its enactment, the Town learned that section R403.6.2 of the NYStretch Energy Code is at odds with section M1505.4.1 of the 2020 Residential Code of the State of New York. The purpose of this amendment is to excise section R403.6.2 from the NYStretch Energy Code as adopted by the Town of Mamaroneck. Section 2 – Renactment of a section to the Mamaroneck Code: 4 August 17, 2021 Section 106-40.1 of the Code of the Town of Mamaroneck hereby is amended and the following is substituted in its place: §106-40.1 Adoption of NYStretch Energy Code 2020. Except for section R403.6.2 thereof, the NYStretch Energy Code 2020 supplement to the 2020 ECCCNYS, published by the New York State Energy Research and Development Authority, shall be enforced in full in the unincorporated area of the Town of Mamaroneck. Notwithstanding the foregoing, the NYStretch Energy Code 2020 supplement shall not apply to persons who either have or will have obtained building permits or have or will have submitted complete applications for building permits prior to the effective date of this law. Section 3 – 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 4 – 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 CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience wished to address the Town Board. Kevin Crowe of the Larchmont Gardens’ Civic Association came forward to introduce himself to the new Town Administrator, Meredith Robson, and welcoming her to her new position. BOARD OF FIRE COMMISSIONERS Commissioner Seligson called the Meeting to order, then on motion of Councilwoman Elkind Eney, seconded by Councilwoman 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 Councilwoman Elkind Eney, seconded by Councilwoman 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: ATTACMENT B 5 August 17, 2021 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 July as submitted by Chief Hughes as follows: ALARM TYPE NUMBER Generals 35 Minors 18 Stills 1 Out of Town (Mutual Aid) 2 EMS 42 Drills 3 TOTAL 101 Total number of personnel responding: 566 Total time working: 42 hours and 01 minutes There being no further business to come before the Commission, on motion of Commissioner Fiddelman, seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Referral to Planning Board - Amendment to Central Air Conditioning Law Mr. Maker explained “the present law does not require a homeowner to obtain a building permit when the homeowner replaces a central air conditioning unit. The building Inspector considers this a flaw in the law.” Because this section is part of the Town’s Zoning Code, law requires that it be referred to the Planning Board before there can be a public hearing. Mr. Maker will send this to the Planning Board Chair. 2. Authorization – Appointment of Junior Network Specialists On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Gilbert Asamoah to the position of Junior Network Specialist at an annual salary of $50,420, effective no later than September 15, 2021. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. 2021 Capital Budget Amendments On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, it was 6 August 17, 2021 RESOLVED, that the Mamaroneck Town Board does hereby approve the 2021 Capital project Amendments as detailed by the Town Comptroller in the following schedule: ATTACHMENT C The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 4. 2021 Operation Budget Amendments On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the 2021 Operating Budget Amendments, as detailed by the Town Comptroller in the following schedule. ATTACHMENT D The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. 2021/2022 School Tax Warrants On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby command the Receiver of Taxes to collect the 2021/2022 Mamaroneck School Tax Warrant in the total amount of $127,762,813.08, and BE IT, FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute said Warrant 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 On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby command the Receiver of Taxes to collect the 2021/2022 Scarsdale School Tax Warrant in the total amount of $6,537,914.46, and 7 August 17, 2021 BE IT, FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute said Warrant on behalf of the Town. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6. Garit Lane Restricted Parking Supervisor Seligson stated that the Town Board is not in favor of setting another public hearing on the same law a public hearing was held on in 2018, which was not adopted, due to lack of resident unanimity. The Town Board will consider other methods of addressing the issue. 7. Award Contract TA-21-08 Town Center HVAC Improvements On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the following was approved, WHEREAS, on July 29th, 2021 the Town publically opened and read four (4) bids for Contract TA-21-08 Town Center HVAC Improvements. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-21-08 Town Center HVAC Improvements, to the lowest responsible bidder meeting all of the Town’s requirements, to S & L Plumbing and Heating Corp, for the total base bid, including Item D, of $582,000.00, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said contract 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 8. Resolution – For the People Act, S1 in the United State Senate On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following was approved, WHEREAS, the right to vote is one of the foundational rights of all American citizens; WHEREAS, Congressman John Lewis spent his life fighting inside and outside of Congress to advance voting rights for everyone; WHEREAS, voting rights are under attack nationally by state legislators introducing and passing laws to create barriers to our participation in elections; and WHEREAS, Popular sovereignty through voting is a foundational bedrock of our democracy; and 8 August 17, 2021 WHEREAS, the For the People Act will provide a needed overhaul of money-in-politics, voting and ethics laws to make our democracy more inclusive; and WHEREAS, the For the People Act is based on countless democracy reforms passed and successfully implemented in states across the country; and WHEREAS, the For the People Act’s solutions are broadly supported by the American people across the political spectrum. Polling indicates 67% support the For the People Act; and WHEREAS, the For the People Act is the most comprehensive pro-democracy bill introduced in Congress since the Watergate era, containing the bold action that the American people want and deserve; Now Therefore be it Resolved, that I, Supervisor of the Town of Mamaroneck and the Town Board members call on New York’s United States Senators, Majority Leader Chuck Schumer and Sen. Kirsten Gillibrand, to do everything possible to support and pass S1, the For the People Act, before the 2021 Senate summer recess. The above resolution was put to a roll call vote: Elkind Eney Aye Katz Aye Odierna Aye Wittner Aye Seligson Aye APPROVAL OF MINUTES On motion of Councilwoman Katz, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of July 21 and July 28, 2021. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT On motion of Councilwoman Fiddelman, seconded by Councilman King, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 9 August 17, 2021 ATTACHMENT A 10 August 17, 2021 ATTACHMENT B 11 August 17, 2021 ATTACHMENT C 12 August 17, 2021 ATTACHMENT D 13