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HomeMy WebLinkAbout2021_10_06 Town Board Minutes October 6, 2021 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD OCTOBER 6, 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. ADDED ITEM Councilwoman Fiddelman gave an update on the Housing Authority. Councilwoman Fiddelman stated that over the last two years, the Board members have turned over two times, but now the Board seems cohesive. Gramatan Management may not want to renew their contract with the Town for property management. The property is aging and is in need of some major repairs. Specifically, windows, joists, and new gas lines. This will require bonding, which the Town will need to underwrite. Request for Executive Session On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Board unanimously agreed to enter into an Executive Session to discuss the employment of a particular corporation, and proposed and existing litigation. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Board unanimously agreed to resume the Worksession. Review – Draft Three-Year Paving Plan and Budget Recommendations Presented by Rob Wasp the Town Engineer. The Town Board reviewed a memo from Mr. Wasp dated September 29, 2021, which included background, budgetary analysis and tentative road paving lists. Report of Bids – Contract TA-21-12 Upgrade of Highway Garage and Bay Doors Mr. Wasp also presented this item. The Town Board reviewed a memo from Mr. Wasp dated September 30, 2021. The Engineering Department recommends awarding the Contract to High Touch, LLC, contingent upon the cost savings of $21,000 be reconciled and credit to be given immediately upon award of contract. 1 October 6, 2021 Review – Building Permit Renewal Fees The Town Board is being asked to consider a relief from the permit renewal fee for 84 Weaver Street. The Town Board reviewed the details of the request. Mr. Maker stated that the request seemed valid under the circumstances. Mr. Maker will draft a proper resolution authorizing this waiver for the next Town Board meeting. Supervisor Seligson noted that the Town might wish to amend the Town law by adding verbiage to this effect. Paperless Agenda Deferred Police Reform and Reinvention Plan Additionally Present: Police Chief, Paul Creazzo The Town Board received a memo from Ms. Robson with an update. The Town Administrator has met with the Police Chief regarding the reform and reinvention process. The memo detailed recommendations under the categories of Community Policing, Bias Free Policing, Training, Equipment, Complaint Procedures and Oversight/Discipline, Westchester County and Police Accreditation. The Town Board received memos discussing the Principled Policing Program, the Accreditation Program (LEAP), the Four Year Training Rotation and budgetary costs. The Chief discussed the benefits of the Accreditation Program. Town Board members were overall happy with the proposal, but did ask for more community involvement. The purchase of Tasers was discussed, and although the Chief is in favor of initiating their use, members specified that the purchase should not be associated with the Police Reform and Reinvention Plan, as this was not part of those discussions or part of the Racial Equity Task Forces’ recommendations. Discussion – Sanitation Commission Additionally present: Steve Altieri Commission Administrator Mr. Altieri stated that he recently met with Mayor Walsh regarding the newest draft resolution. Mayor Walsh felt strongly that 2023 needed to be reflected in the resolution. Supervisor Seligson stated that the Town Board did not want to be tied to an agreement through 2023. Mr. Altieri stated that no matter what the Commission decides the Commission will need 4-6 months to make any transition, and in order to keep momentum, the June 1 deadline in the resolution needs to remain. Mr. Altieri has been requested by the Commission to prepare a required map, plan and report for a proposed District, and that process is almost complete. To move forward with a District, there will be a required public hearing on the map, plan and report, and a permissive referendum. The Town Board was inclined to maintain the arrangement of 59% / 41% with the Village through 2023 if needed, as it would be more productive to focus discussions in 2022 on more substantial matters than renegotiating percentages. The Town Board would like to have a direction and decision for the future structure of sanitation services by June 1, 2022. 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 fourth Annual Food Truck festival was a resounding success last Saturday, October 2. On the most beautiful day of the year, thousands of people gathered in Memorial Park for live music, demonstrations from the TMPD, TMFD and Ambulance District, face painting, games, a pumpkin patch, and of course food. Hay bales, strategically placed on the lawn, offered comfortable and attractive seating. It really was a wonderful festival. Many thanks to the Town Recreation and Fire Department for organizing and running the event. 2 October 6, 2021 The annual Fall Coastal Cleanup was also a great success last Saturday. Fifty six volunteers met at the Leatherstocking/Sheldrake Trails that morning to clean up litter from the trails and the river. Hurricane Ida flooding caused tons of material to wash into our local rivers and streams that required heavy lifting to remove it. The majority of the volunteers were FASNY students and they removed a large wicker chair, two wooden doors, metal pipes, wooden planks, a window screen and ceramic tile from the river and streams. Our fall cleanup is part of the International Coastal Cleanup Day that catalogues all of the litter collected around the world. That helps to understand the makeup of litter so that the UN and nations can draft policies and laws to address it. Amid the 650 pounds of material collected last Saturday, there were 118 plastic bags. All litter is ugly, but plastic is particularly hazardous to marine wildlife and plants and it never biodegrades. It just breakup into smaller pieces. Thank you to Sustainability Coordinator Sue Odierna and Conservation Director Liz Aitchison for organizing and running the event. The Larchmont Mamaroneck Lions Club held a Community Fair on September 25 showcasing many of the nonprofit and community organizations in our area. I was pleased to see members of so many organizations and have the chance to thank them for their work. I am a member of the Westchester County Stormwater Advisory Board which reviews Stormwater projects in the County for funding. The Waverly and Hillside Avenue bridge repair and improvement projects in the Village of Mamaroneck were recently reviewed by the board and are eligible for funding. I met with the NYS DEC to visit a new living shoreline project in the Town of Mamaroneck. The latest BMPs and technology show that natural buffers provide the best protection against storm surge and flooding. A portion of a vertical sea wall was removed at this site and replaced with wetland plantings and a gravel medium. This site will be a model for DEC staff to encourage others to consider remediation. Meredith and I visited the new Humane Society shelter in New Rochelle to discuss our contract with them. The shelter has been completely renovated and rebuilt. It is beautiful with modern improvements that benefit staff and animals. It is a complete transformation from the old shelter. We continue to work with the Village of Larchmont to discuss the future structure of the Sanitation Commission and move toward beginning the Comprehensive Plan Update as well. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience wished to address the Town Board, and there was not. 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 Department Business Commissioner Elkind Eney reported that the Department received so many calls during Hurricane Ida, and the final report is still being generated. The Chiefs’ met with the Thruway Authority and finalized approval to move the I95 entrance 550’ to enable emergency vehicles to enter I95 to then make a safe turnaround to the other side of the highway. The next phase will be design and engineering and to finalize funding. The Department is working with State Senator, Shelley Mayer and State Assemblyman Steve Otis on funding. 3 October 6, 2021 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. PUBLIC HEARING – “Suspension of Building Permit Fees due to the Damage Wrought by Tropical Storm Ida” 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 Wednesday, October 6, 2021 at 8:00 PM or as soon thereafter as is possible, to consider the “Suspension of Building Permit Fees due to the Damage Wrought by Tropical Storm Ida” Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: Tropical Ida inflicted tremendous damage to properties within the Town which, in many cases, will require substantial work to rectify. Since this overwhelming destruction will cost residents and business owners of the unincorporated area thousands of dollars to fix, the Town Board determines that the suspension of permit fees for a limited time is appropriate. 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: September 29, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously opened. 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 Elkind Eney, seconded by Councilwoman Katz, 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. 13 - 2021 This local law shall be known as the “Suspension of Building Permit Fees due to the Damage Wrought by Tropical Storm Ida” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: Tropical Ida inflicted tremendous damage to properties within the Town which, in many cases, will require substantial work to rectify. Since this overwhelming destruction will cost residents and business owners of the unincorporated area thousands of dollars to fix, the Town Board determines that the suspension of permit fees for a limited time is appropriate. Section 2 – Addition of a new section of the Mamaroneck Code: The Code of the Town of Mamaroneck hereby is amended to add the following new section: § 106-58a. Temporary suspension of permit fees. A. Upon proof satisfactory to the Building Inspector that an applicant is procuring a permit to perform rehabilitative work due to damage caused by Tropical Storm Ida, the Building Inspector or the 4 October 6, 2021 Director of Building Code Enforcement and Land Use Administration may issue such permit without collecting the fee that otherwise would be payable. B. This section shall apply only with respect to permits for which a complete application is filed prior to January 1, 2022. 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 AFFAIRS OF THE TOWN 1. Set Public Hearing – “Opt-out from the licensure and establishment of a retail dispensary license and/or on-site consumption license authorizing the retail sale of adult-use cannabis to cannabis consumers under the provisions of article four of the New York State Cannabis Law in the unincorporated area of the Town of Mamaroneck” Law On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Opt-out from the licensure and establishment of a retail dispensary license and/or on-site consumption license authorizing the retail sale of adult-use cannabis to cannabis consumers under the provisions of article four of the New York State Cannabis Law in the unincorporated area of the Town of Mamaroneck” Law, for October 20, 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. 2. Authorization – Permit Renewals Senior Citizen Programs On motion of Councilwoman Fiddelman, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the permit renewals with the Westchester County Department of Health for Food Service Establishment Owners and Operator, with respect to the Senior Nutrition Program at the Senior Center, and the Meals on Wheels Program. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5 October 6, 2021 3. Award Contract TA-21-12 Upgrade of Highway Garage Bay Doors On motion of Councilman King, seconded by Councilwoman Katz, the following was approved; WHEREAS, on August 31, 2021 the Town publically opened and read one (1) bid for Contract TA-21-12 Upgrade of Highway Garage Bay Doors. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award TA-21-12 Upgrade of Highway Garage Bay Doors to High Touch, LLC., the lowest responsible bidder meeting all of the Town’s requirements, for a total base bid amount of $189,890.00, with the cost savings credit offered in the amount of $21,000.00, to be reconciled immediately following the award of the contract, 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 4. Appointments to Coastal Zone Management Commission On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that Matthew Teitsch be reappointed as Member 3 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 September 30, 2024, and On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that Maurizio Bertini be reappointed as Member 2 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 September 30, 2024, and 5. Settlement of Certiorari On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Kathleen Wright 329 Center Avenue Section/Block/Lot: 8-31-20 Town of Mamaroneck/Village of Mamaroneck 6 October 6, 2021 Year Assessment Amount of Reduction Reduced Assessment 2019 $1,165,000 $240,000 $925,000 2020 $1,165,000 $215,000 $950,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6. Authorization – Contract PACE Land Use Law Center On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement with the PACE Land Use Law Center for Comprehensive Plan services for a cost not to exceed $135,000, and BE IT, FURTHER RESOLVED, that the 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 7. Authorization – Study for the Larchmont Mamaroneck Joint Garbage Disposal Commission On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize Stephen V. Altieri, as Administrator for the Larchmont Mamaroneck Joint Garbage Disposal Commission, to prepare a study of the Commission. 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 Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of September 1, 2021. 7 October 6, 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 Elkind Eney, seconded by Councilwoman Katz, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 8