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HomeMy WebLinkAbout2021_09_22 Town Board Minutes September 22, 2021 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD SEPTEMBER 22, 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: Lindsey Luft Assistant to the Town Administrator On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Work Session was unanimously opened at 5:00 p.m. Redesign of the Town Website Lindsey Luft stated that the website committee met today with the consultant, and they are pleased with the back end work that has been completed. The Town Board was provided, prior to the meeting, examples of other websites, and asked to rate them. The Town Board Members give their feedback, and discussed the examples. Review – Report of Bids -TA-21-13 Reconstruction of Municipal Sidewalks and Curbing The bids were reviewed and it was noted that the funding is in place. Ms. Robson will discuss timing with the Town Engineer and determine if this will be completed in 2021. Awarding of the contract is on the regular agenda for this evening. Review – Draft Legislation – Suspension of Building Permit Fees Until the end of 2021 The Town Board reviewed the draft legislation. Ms. Robson stated that it will be difficult to determine the full financial impact, and Mr. Maker reminded the Town Board that the waiver is only for permits issued for storm damage repairs. Update – Sanitation Commission The Town Board reviewed a resolution drafted by Jim Staudt, the Commission and Village Attorney. Supervisor Seligson stated that the Commission reviewed the resolution and dates were changed to reflect the arrangement through 2022. Councilwoman Elkind Eney asked that a sunset date be reflected in the agreement, as to be clear that this arrangement is temporary. The Town Board determined a date of September 1, 2022. This would give enough time for the 2023 budget discussions. Mr. Maker will draft a new resolution. Supervisor Seligson will notify the Village Mayor of the amended resolution. 1 September 22, 2021 Review – Garit Lane Restriction of Overnight Parking There was no additional discussion. The public hearing is set for this evening. Discussion - Marihuana Regulation and Taxation Supervisor Seligson asked the Town Board if they are prepared to move forward with opting out, assuming there is not an outpouring of residents this evening who are in favor of opting in. The Town Board agreed and asked Mr. Maker to draft legislation to that effect for review at the next meeting in preparation for setting a public hearing. NEW BUSINESS Ms. Robson reported that based on recent discussions with the Police Department regarding implementation of the Police Reform and Reimagining Plan, she would like to prepare a memo for review at an upcoming Town Board Meeting. Additionally, there are budgetary items that need to be discussed with the Town Board, and she will address them in her memo. Councilman King addressed the proposal to formalize the Racial Equity Task Force, as well as a renaming. The Task Force has discussed seven to nine members. The Task Force was to meet this coming Monday, but the meeting needed to be rescheduled. Supervisor Seligson would like to see a memo of the purpose of the committee to help in the discussion of formalizing. Mr. Maker suggests the Task Force discuss qualifications for members, such as law enforcement and clergy, for example. With respect to Pryer Manor Road, Mr. Maker stated that his initial, unofficial finding is that this is not a municipal street. Mr. Maker stated that his findings show that easements were done with the intention for the roadway to be dedicated. Supervisor Seligson will report back to the residents’ that the Town is still awaiting the final title searches. It was suggested that the residents’ be referred to a municipal contractor for potentially favorable pricing. If it is determined that the roadway belongs to the Town, the Town could reimburse the residents. With respect to 5G, it was reported that draft legislation has been drafted by the consultant and will be reviewed by the 5G Committee. The 5G Committee consists of Rich Polcari, Rob Wasp, Connie Green O’Donnell and Lindsey Luft. Mr. Maker would then finalize the draft law to conform with Town law. The goal is to have a draft by October 1, for review by the Committee. Ms. Robson reported that she would be meeting next week with staff to review the recommendations of the Sustainability Collaborative with respect to amendments to the Town Tree law. Ms. Robson will be meeting with staff to analyze the Hampshire Golf Club property, its potential, financial implication, legalities, and general due diligence. The Town Board agreed that moving forward they would like to meet as a Town Board in person. Councilwoman Fiddelman reported that she hopes the Zoning Board can move toward more audio visual presentation and move away from the use of easels. EXECUTIVE SESSION On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Town Board agreed to enter into an Executive Session to discuss the employment history of a particular corporation, and potential litigation involving the Westchester Joint Water Works. On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the Board unanimously agreed to leave Executive Session. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 p.m. 2 September 22, 2021 Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this evening. SUPERVISOR’S REPORT It has been an eventful three weeks since our last Town Board meeting and the main event actually st took place that night. Hurricane Ida hit our community the night of September 1. The rain fall from the Hurricane has been estimated at 8.5 inches in less than 24 hours. Many residents had terrible flooding and destruction to their homes and businesses. Hundreds of residents lost everything they had in their basements and some first floors. One family living on the Brook couldn’t find their car the morning after the storm. It was found four days later in the duck pond after the water had subsided. That means the force of the rain swept the car from their driveway under or around bridges and down the falls into the duck pond. The cleanup from the storm was monumental. The Sanitation Commission staff worked 13 days in a row. There was a 119% increase in material collected and delivered to Westchester County for the 17 days following the Hurricane compared to 2020. That is close to two months of waste in 17 days. This doesn’t include the weight for the materials collected by the Town and Village Highway Departments that was delivered to the Suburban Carting in the Village of Mamaroneck. The Town Highway Department staff also worked 12 days in a row, four of those in the Village of Mamaroneck to pick debris and flood soaked household items. It was a herculean effort to collect all of this material in just 17 days. There is extensive shoulder washout, curb and pavement damage, exposed sewer pipes, underground settlement, and displaced catch basin castings on several roads in the Town. We also have culvert and bridge damage. At this time, we estimate the repairs at $1 million. The Larchmont Reservoir rose to overflow into the spillway and came very close to overflowing the dam. Many residents and businesses in the Village of Mamaroneck fared even worse. The Mamaroneck and Sheldrake Rivers that drain large areas of Westchester County converge in the Village of Mamaroneck and caused severe flooding. Three hundred and fifty people were affected and 91 families required housing assistance. The Red Cross set up a shelter at MHS and Westchester County Department of Social Services is now working to shelter those families in a hotel in White Plains. Port Chester, Rye City, New Rochelle, and Harrison also sustained severe flooding. The good news is that our community came together and stepped up to help our neighbors. People volunteered to clean out houses, donate goods, and financially support those in need. We are lucky to have a social service network that is part of the fabric of our community: the Community Resource Center in the Village of Mamaroneck. The Community Resource Center quickly became the go-to entity to reach the folks in need. The CRC contacts and relationships with the community make them a critical part of the emergency response and rescue infrastructure for the community. Amazingly, other events and business continued as well. We held the annual September 11 Commemoration and I want to thank Deputy Supervisor Jaine Elkind Eney for leading that event. Larchmont Village held their Larchmont Day last Saturday with fun and games for kids and families. We had the ribbon cutting for the new locker rooms at the Hommocks Ice Rink that Jaine will elaborate on later. I want to thank all the volunteers and staff that worked on that project and especially Deputy Supervisor Jaine Elkind Eney for her spearheading and dedication to the project. This morning the Village of Larchmont had a ribbon cutting for the first First-Ever Municipal ‘Green- nd Zone’ at Larchmont’s Kane Park on September 22. I’m proud of the Village for being the model for green landscaping and quiet communities by eliminating the use of leaf blowers and pesticides and herbicides. Finally, the Shredder Mobile will be at Maxwell Avenue Recycling Center this Saturday, September 25 from 10 to 1. PUBLIC HEARING (S) – “Elimination of Overnight Parking on Garit Lane” Law The following Notice of Public Hearing is entered into the record as follows: 3 September 22, 2021 PUBLIC HEARING NOTICE 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 Wednesday, September 22, 2021 at 8:00 PM or as soon thereafter as is possible, to consider the “Elimination of Overnight Parking on Garit Lane” Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: On May 2, 1984, it was decided to allow parking between the hours of 3:00 am (prevailing time) and 6:00 am (prevailing time) on Garit Lane. Over the last thirty plus years circumstances have changed and therefore like most of the streets within the Town, overnight parking on Garit Lane should be prohibited. 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. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: September 18, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson stated that for the audience it might be helpful to hear comments from the Town Board, and then from the residents. The Town Board members each spoke and stated reasons why they are in favor of eliminating overnight parking. Cathy Bennet, 1 Garit Lane, stated that she doesn’t see any warehousing of cars and is very much in favor of overnight parking. Gabriel Colletti, stated that yes, warehousing is a problem. Dan Smith, 5 Garit Lane, stated he sees warehousing as the major problem, exacerbated by the residents of Garit Lane trying to limit nonresident parking. Jane Sactola, 9 Garit Lane, stated that warehousing is especially problematic in the winter, adding she does not think the street was plowed once last year. 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 adopted: Local Law No. 12 - 2021 This local law shall be known as the “Elimination of Overnight Parking on Garit Lane” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: On May 2, 1984, it was decided to allow parking between the hours of 3:00 am (prevailing time) and 6:00 am (prevailing time) on Garit Lane. Over the last thirty plus years, circumstances have changed and therefore like most of the streets within the Town, overnight parking on Garit Lane should be prohibited. Section 2 – Amendment of a section of the Town Code: 4 September 22, 2021 Section 219-21 of the Code of the Town of Mamaroneck hereby is amended as follows: In the column entitled “Name of Public Highway, delete the words: “Garit Lane” In the column entitled “Direction of Travel”, delete the word: “Both” In the column entitled “Location”, delete the words 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 Garit Lane indicating where a full stop is required 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. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye PUBLIC COMMENT – Marihuana Regulations and Taxation This was the second of two public comment sessions to hear from the public on this legislation. Supervisor Seligson noted that the Town has received 30-40 emails mostly in favor of opting out, and just a few to opt in. Supervisor Seligson stated that the Town Board is of the feeling that we can opt in at a time in the future, but we cannot opt out later. No one from the public was in attendance. CITIZEN’S COMMENTS George Talt of 167 Hickory Grove Drive East, and representing the Larchmont Gardens’ Civic Association, addressed the Town Board. Mr. Talt stated he had a number of items to bring to the Town’s attention. 1) Storm Damage that still needs attention 2) Hickory Grove sidewalk – thank you! 3) Halloween Costume Walk set for October 30 at 2:30 4) FEMA requests please remember the Brook and the Pond 5) please keep us posted on the Rocky Road stop sign 6) Traffic Committee has received paperwork to review Ellsworth and E. Garden 7) historical scanning project continues 8) two plaques are on the docket for tree planting. BOARD OF FIRE COMMISSIONERS Commissioner Seligson called the Meeting to order, then on motion of Commissioner Elkind Eney, seconded by Councilman King, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Abby Katz 5 September 22, 2021 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: 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 reported that there was an historic number of calls during Hurricane Ida. Thankfully, there was no loss of life. Thank you to all the first responders. 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. Salary Authorization – Secretary to the Town Administer On motion of Councilwoman Elkind Eney, seconded by Councilman King. It was RESOLVED, that the Mamaroneck Town Board does hereby appoint Margaret Delohery to the position of Secretary to the Town Administer, effective September 23, 2021. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2. Award Contract TA-21-13 Reconstruction of Municipal Sidewalks and Curbing On motion of Councilman King, seconded by Councilwoman Elkind Eney, the following was approved; WHEREAS, on September 15, 2021 the Town publically opened and read seven (7) bids for Contract TA-21-13 Reconstruction of Municipal Sidewalks and Curbing. 6 September 22, 2021 NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award TA-21-13 Reconstruction of Municipal Sidewalks and Curbing, to C.M.C. Contractors, Inc., the lowest responsible bidder meeting all of the Town’s requirements, for a total base bid amount of $181,550.00, 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 3. Set Public Hearing – “Suspension of Building Permit Fees due to the Damage Wrought by Tropical Storm Ida” Law On motion of 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 “Suspension of Building Permit Fees due to the Damage Wrought by Tropical Storm Ida” Law, for October 6, 2021 at 8:00 p.m., at 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. ADDED ITEMS 4. Appointments to Boards and Commissions On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that Alan Mason be reappointed to the position of Member 4, of the Coastal Zone Management Commission, 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 August 31, 2024. On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that Matthew Wrzensniewsky be appointed to the position of Member A, 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 30, 2021. 5. Termination Agreement – AKRF On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was 7 September 22, 2021 RESOLVED, that the Mamaroneck Town Board does hereby approve the Termination Agreement between the Town of Mamaroneck and Allee King Rosen and Fleming, Inc. (AKRF), in connection with the contract to provide professional services toward the preparation of a comprehensive plan for the Town, and BE IT, FURTHER RESOLVED, that the Termination Agreement be amended to require that the deliverables detailed in the original agreement be provided in exchange for final payment due, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said Termination 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 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 Elkind Eney, seconded by Councilman King, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 8 September 22, 2021 ATTACHMENT A 9