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HomeMy WebLinkAbout2021_10_20 Town Board Minutes October 20, 2021 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD OCTOBER 20, 2021 BEGINNING AT 5:00PM. 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 then on motion of Councilwoman Elkind Eney, seconded by, seconded by Councilman King, the Work Session was unanimously opened at 5:00 p.m. Additionally Present: Lindsey Luft Assistant to the Town Administrator Quarterly Update and Climate Emergency Declaration - Sustainability Collaborative Additionally Present: Mitch Green Chair, and members of the Sustainability Collaborative, Arlene Novich, Nick Zubba, Denise Dunn, Mark Kramer, Kevin Crowe and June Wallach The Sustainability Collaborative presented to the Town Board a sample Climate Emergency Declaration. The Sustainability Collaborative based the declaration on the one passed by the City of New Rochelle. The Town Board thanked Mr. Green for providing a template for a Climate Emergency Declaration, adding that they would like to review it amongst the Town Board to tailor it more specifically for the Town. Mr. Green stated that many of the items in the declaration could be done by the Sustainability Collaborative. Mr. Green noted that the Sustainability Collaborative plan was last approved in 2014, and should be updated. The Town Board reminded Mr. Green that the Sustainability Collaborative was going to do some legwork on leaf blowers. Mr. Green will reach out to the Village of Larchmont Environmental Committee and receive feedback on how the Village law is doing. Mr. Green gave an update on the recent meeting with Town staff to discuss amendments to the Tree law. Town staff will do some homework and the group will meet again in January, after the budget is adopted. Finally, Mr. Green distributed the Climate Smart Communities Certification Action Checklist, noting that the Town is set to resubmit their actions in January. 1 Supervisor Seligson informed Mr. Green that a resident sent her a long list of suggestions for the Tree Law, and she will forward them on to him. Review – Proposed Amendment to the Law Regulating Central Air Conditioning Units Mr. Maker stated that the current draft reflects comments made by the Planning Board. Setting a public hearing on this law was added to the affairs of the Town. ADDED ITEM Councilwoman Fiddelman stated that the Planning Board has reviewed the current swimming pool law and has found some issues that should be addressed. The Planning Board prepared a draft local law. Mr. Maker will review the draft. The Town Board thought it was important for the Planning Board to know that their suggestions are always welcomed, but that the Town Attorney will draft legislation. Ms. Robson will discuss this with the Planning Board. 1 1 1 October 20, 2021 OUT OF ORDER Review – Humane Society Agreement As required by New York State, the Town of Mamaroneck must maintain an agreement with an animal shelter for the control of dogs. Although the Town has been operating under the terms of a draft agreement, it has remained unsigned. Ms. Robson is recommending that the agreement be executed. This item is on the regular agenda for this evening. Update – Sanitation Commission Supervisor Seligson stated that at the recent Commission meeting the current draft resolution was discussed. At the Village of Larchmont Board of Trustee meeting on October 18, the resolution was adopted. Supervisor Seligson stated that the draft before the Town Board this evening reflects what the Town Board discussed at their last Town Board worksession. Approval of the resolution was added to the regular agenda for this evening. Discussion – Barton and Loguidice Supplement Agreements #1 and # 2 for Traffic Intersections The Town Board reviewed Alternates #1 and #2. Councilman King would like further review and proposals for the intersection of New Jefferson Street and N. Chatsworth Avenue. Councilman King doesn’t think it addresses the driver’s lack of pedestrian visibility. The Town Board would like to schedule a Zoom call with the consultant to revisit this pedestrian issue. On a separate, but similar issue, Councilman King brought to Ms. Robson’s attention the need for maintenance on the traffic calming bump outs at Huguenot and Lafayette Streets. Discussion – 2022 Budget Meeting Dates and Times Ms. Robson has proposed October 23 at 9:00 am, and Tuesday, November 9 and 5:30 pm. These meetings will be added to the main calendar. Discussion – Tax Cap Override The Town Board discussed the draft legislation authorizing a Tax Levy Cap override. This has been done often in previous years as a precaution for the budget adoption. The Town Board will set a public hearing this evening. Discussion – LMCMedia Update Supervisor Seligson stated that the Town and the other municipalities are working on finding historical information on the structure for creating the Board of Control. The Boards are discussing a new agreement, and a new structure. There are lingering questions that remain, one being the viability of LMCMedia and whether it can stay financially sound. The Town Board asked for an update on the third floor renovations. Councilwoman Katz stated that the September meeting of the Board of Control was postponed due to scheduling conflicts and then due to Hurricane Ida. The Board of Control is now scheduled to meet on November 11. Ms. Yogman noted that the franchise fees were $810,000 in 2021, and expected to be $770,000 in 2022, adding that these did not go down substantially as previously expected. Ms. Robson, Councilwoman Katz and Mr. Altieri, will meet to review the third floor. Discussion – Title Search for Pryer Manor Road Mark and Hetty Sullivan of Pryer Manor Road were in attendance. The Town Board received a detailed memo from Mr. Maker explaining the findings of the title search. In summary, the title search shows that the City of New Rochelle owns Pryer Manor Road. At this point, the Town could ask the title company to do a title search and check every deed filed for all the properties, including Pryer Manor Road, Dogwood Lane and Wildwood Circle. This would include 42 lots. The Town Board was in favor of completing the additional titled searches, which Mr. Maker estimated to cost approximately $1,500. 2 October 20, 2021 Discussion – Paperless Agenda Deferred 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 Board has received the Town Administrator’s Tentative Budget. The Tentative Budget will be posted on the Town website tomorrow, October 21. The Town Board has two budget meetings planned to review and discuss the budget. Of course, the budget meetings are public meetings and open to the public. The first meeting is this Saturday, October 23 from 9:00 am to 2:30 pm at the Town Center. The next meeting is Monday, November 8 from 5:30 pm to 8:30 pm. The Preliminary Budget or the revised version will be presented the first week of December. The final budget must be adopted by December 20, but our second Town Board meeting in December is the fifteenth when we would expect to adopt it. Early voting begins this Saturday, October 23 here at the Town Center. Anyone registered voter in Westchester County can vote early at any early voting site in the County including here. Early voting continues There are 5 statewide ballot proposals on the ballot this year. You have to flip over your ballot to vote on them. The 2021 Statewide Ballot Proposals are the culmination of years of work. The State Legislature has voted to approve these changes to the state constitution for the past two years and now it's our turn. Proposal 1 addresses more than a dozen individual changes to the constitution wrapped up in one Proposal, but voters must vote yes or no on them all together. The top changes include:  Cap the total number of state senators at 63  Require that incarcerated people be counted at the address where they lived before going to jail or prison for the purposes of redistricting — not where they are being detained  Move up the timeline by two weeks for when redistricting plans must be submitted to the legislature  Change the vote total needed to adopt redistricting plans when one political party controls both legislative houses Proposal 2 is for an Environmental Bill of Rights.  Adds a broad new right to the state constitution that states: “Each person shall have a right to clean air and water, and a healthful environment.” Proposals 3 and 4 address Elections and Voting  Proposal 3 would remove a current constitutional rule that you must register to vote at least 10 days before an election in New York. It would pave the way for same day registering/voting  Proposal 4 would nix a state constitutional rule that says voters must have an excuse, or valid reason, to vote with an absentee ballot. If the proposal gets voter approval, it would clear the way for the state Legislature to make no-excuse absentee voting a permanent option Proposal 5 – Civil Court’s Claim Limit:  The fifth ballot proposal seeks to change the monetary limit on claims in the city’s civil court, which is regulated by the state constitution.  Currently, in New York City’s Civil Court, only cases involving claims worth $25,000 or less may be heard. Proposal 5 would lift that limit to $50,000.  Note, though NYS voters can vote on this, it only affects NYC civil court. 3 October 20, 2021 A simple majority of people must VOTE YES in order for them to pass. Meredith and I met with the regional director of Tom DiNapoli, the State Comptroller’s office. The regional rep is Joe Orlando who offered his services to the Town. The TMFD held a wonderful Inspection Dinner event last Friday. The apparatus was gleaming in its artful arrangement on the apron of the Fire House. The fire fighters were well turned out and the dinner event was a happy occasion to honor exemplary service among the department. The Town Sustainability Collaborative held the first Repair Café on Saturday at the Senior Center. It was a wonderful event with lots of willing and happy repairer volunteers engaging with resdients who brought household items needing repair. A high school band played jazz music, volunteers made home baked goods and the community atmosphere was upbeat and contagious. Just a reminder that I speak about Town issues and current events Friday morning at 8:35 on WVOX radio. 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 The following Notice of Public Hearing is entered into the record as follows: 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, October 20, 2021 at 8:00 PM or as soon thereafter as is possible, to consider 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, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: Section 131 of the Cannabis Law allows local governments to opt out of the provisions of the Cannabis Law insofar as that law allows the licensing and the establishment of retail dispensaries and/or places for the on-site consumption of cannabis products. A local law, passed before December 31, 2021, is required in order for a local government to opt out. Failure to pass such a local law on or before December 31, 2021 means that such local government cannot opt out of the Cannabis Law. However, a local government that properly opts out of the Cannabis Law can “opt-into” that law after December 31, 2021. The Town Board finds that it is in the best interests of the Town to opt out of the Cannabis Law so that it can monitor the effect of the retail sale of adult-use cannabis to cannabis consumers and of places authorized to allow the on-site consumption of cannabis by cannabis consumers in other communities within Westchester County and beyond. 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: October 13, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson asked if any Town Board Members or the public wished to comment. 4 October 20, 2021 David Brown a new resident stated that he came this evening because he was interested in the process for adoption of things like this. Mr. Brown added that if done in a respectful manner to the community, it could be a good thing. 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. 14 - 2021 This local law shall be known as 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. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: Section 131 of the Cannabis Law allows local governments to opt out of the provisions of the Cannabis Law insofar as that law allows the licensing and the establishment of retail dispensaries and/or places for the on- site consumption of cannabis products. A local law, passed before December 31, 2021, is required in order for a local government to opt out. Failure to pass such a local law on or before December 31, 2021 means that such local government cannot opt out of the Cannabis Law. However, a local government that properly opts out of the Cannabis Law can “opt-into” that law after December 31, 2021. The Town Board finds that it is in the best interests of the Town to opt out of the Cannabis Law so that it can monitor the effect of the retail sale of adult-use cannabis to cannabis consumers and of places authorized to allow the on-site consumption of cannabis by cannabis consumers in other communities within Westchester County and beyond. Section 2 – Addition of a new chapter to the Mamaroneck Code: The Code of the Town of Mamaroneck is amended by adding the following new Chapter 68 thereto. Article 68 Cannabis § 68-1 Title. This law shall be known as 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 Cannabis Law of the State of New York. § 68-2 Legislative intent and authority for this chapter. Section 131 of the Cannabis Law allows local governments to opt out of the provisions of the Cannabis Law insofar as that law allows the licensing and the establishment of retail dispensaries and/or places for the on- site consumption of cannabis products. A local law, passed before December 31, 2021, is required in order for a local government to opt out. Failure to pass such a local law on or before December 31, 2021 means that such local government cannot opt out of the Cannabis Law. However, a local government that properly opts out of the Cannabis Law can “opt-into” that law after December 31, 2021. The Town Board finds that it is in the best interests of the Town to opt out of the Cannabis Law so that it can monitor the effect of the retail sale of adult-use cannabis to cannabis consumers and of places authorized to allow the on-site consumption of cannabis by cannabis consumers in other communities within Westchester County and beyond. 5 October 20, 2021 § 68-3 Opt-out. A. The Town hereby requests the cannabis control board to prohibit within the unincorporated area of the Town the establishment of retail dispensary licenses or on-site consumption licenses pursuant to article four of the Cannabis Law. B. The Town opts out of having retail dispensaries of cannabis and/or places for the on-site consumption of cannabis located within the unincorporated area of the Town. § 68-4 Permissive referendum. This local law is subject to a permissive referendum governed by section twenty-four of the Municipal Home Rule Law of the State of New York. 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 the later of the forty-fifth day following its adoption or the day that it is filed 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 Cathy Sears of the Larchmont Gardens’ Civic Association addressed the Town Board and began by inviting everyone to the upcoming Halloween parade. Ms. Sears asked for an update on the ‘arches’, she asked if there was any update on when the Ida damage to the catch basin at the Duck Pond might be addressed. In closing, Ms. Sears stated the Association is appreciative that the Town is discussing the tree canopy. Supervisor Seligson responded that the Town will look into the arches, and with respect to the damage at the Duck Pond, the Town sustained one million dollars in damage and it is a large task to review every area schedule all for repair. BOARD OF FIRE COMMISSIONERS Commissioner Seligson called the Meeting to order, then on motion of Commissioner Elkind Eney, seconded by Commissioner King, 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 6 October 20, 2021 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 September as submitted by Chief Hughes as follows: 2021 ALARM TYPE NUMBER Generals 72 Minors 38 Stills 150 Out of Town (Mutual Aid) 6 EMS 41 Drills 3 TOTAL 310 Total number of personnel responding: 5191 Total time working: 114 hours and 38 minutes Commissioner Elkind Eney noted that the large numbers of personnel responding was due to Ida, adding that there were 30 water rescues, with thankfully, no loss of life. The Department held a wonderful Inspection with a dinner following. This is a wonderful event in which the Town is able to appreciate and witness their high level of professionalism and respect for their organization. We thank them for their hard work and dedication. There being no further business to come before the Commission, on motion of Commissioner Fiddelman, seconded by Commissioner King, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Set Public Hearing – Tax Levy Cap Override On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal Law”, for November 3, 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. 7 October 20, 2021 2. Appointment - Budget Officer On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby rescind the resolution from the January 6, 2021 Town Board Meeting which appointed Stephen V. Altieri as the Budget Officer for the year 2021, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby appoint Meredith S. Robson, the Town Administrator, as Budget Officer, for the remainder of the year 2021. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Salary Authorization – Laborer Highway Department On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby appoint Darion Arango to the full-time position of Laborer in the Highway Department at an annual salary of $52,841, effective October 25, 2021. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 4. Authorization – Audit Services Contract On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement with EFRP Group for auditing services for the years 2021, 2022 and 2023, at an annual cost of $46,250 and additional hours at $135-$300 per hour for any additional services, 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 8 October 20, 2021 5. Resolution – Waiving Building Permit Renewal Fee for 84 Weaver Street (section/Block/Lot: 4-6-61) On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Town Board finds and approves the following: WHEREAS, the owner of 84 Weaver Street (Section/Block/Lot: 4-6-61) received a building permit for the construction of a single-family home on this lot on June 7, 2019, and WHEREAS, the owner completed construction and received a temporary certificate of occupancy on April 27, 2020, and WHEREAS, the newly constructed home was rented to a tenant, who due the COVID-19 pandemic, refused access to the home so that the owner could gather information to complete the paperwork, and the building department could perform the inspections required for the issuance of a permanent certificate of occupancy, and WHEREAS, section 106-48 of the Town Code requires a permanent certificate of occupancy to be issued with respect to any building permit issued for the construction of a new single-family home, WHEREAS, pursuant to section 106-42 of the Town Code, a building permit is effective only for one year after the date of its issuance, and WHEREAS, because the tenant denied access to the property the owner was unable to procure a permanent certificate of occupancy before the building permit therefor expired, and WHEREAS, after a building permit expires, it must be renewed and a fee must be paid for its renewal before the Building Inspector can issue a permanent certificate of occupancy, and WHEREAS, the owner has requested that the Town waive the fee to renew the building permit for 84 Weaver Street, and WHEREAS, the Building Department has no objection to the waiver of this fee in this unique circumstance, and WHEREAS, these facts present a unique situation in that due to the tenant’s fears about contracting COVID-19, the owner of 84 Weaver Street was unable to procure a permanent certificate before its building permit expired, and NOW THEREFORE, BE IT RESOLVED, that the Building Inspector is directed not to collect the fee that otherwise would be payable for the renewal of the building permit for 84 Weaver Street (Section/Block/Lot: 4-6-61), provided that the owner of that property submits a complete application for a permanent certificate of occupancy within six (6) months of the date hereof, and BE IT FURTHER RESOLVED, that because this situation is unique, the Town Board does not consider its action in this matter to be setting a precedent for dealing with the renewal of building permits for other properties within the unincorporated area 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. Authorization – Barton & Loguidice Supplemental Agreement # 1 for New Jefferson Street at North Chatsworth Avenue Deferred 9 October 20, 2021 7. Authorization – Barton & Loguidice Supplemental Agreement # 2 for Myrtle Boulevard and N. Chatsworth Avenue On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve Agreement # 2 – Professional Consulting Services - Myrtle Boulevard and N. Chatsworth Avenue Intersection Improvement Construction Documents, dated October 13, 2021, for a lump sum fee of $13,500, which includes expenses and labor, 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 8. Authorization – Humane Society Agreement On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the Town Board finds and approves the following: WHEREAS, the State of New York set forth certain laws related to the control of dogs in Article 7 of the New York Code, and WHEREAS, as set forth in the Laws of the State of New, Agriculture and Markets Article 7 §114, the Town must either maintain a shelter for dogs, or contract for pound or shelter services with an incorporated humane society. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement between the Town of Mamaroneck and the Human Society of Westchester (formerly the New Rochelle Humane Society) for services relating to the control and sheltering of dogs. 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 – Amendment to the Central Air Conditioning Units Law On motion of Councilwoman Katz, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Amendment to the Central Air Conditioning Units” Law, for November 3, 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. 10 October 20, 2021 10. Authorization – Resolution Sanitation Commission On motion of Councilwoman Katz, seconded by Councilman King, the following was approved, WHEREAS, the Town of Mamaroneck (the “Town”) and the Village of Larchmont (the “Village”) currently handle the collection and disposal of solid waste and other refuse cooperatively by operation of the Larchmont-Mamaroneck Joint Garbage Disposal Commission (the “Commission”); and WHEREAS, the Commission was established by State Legislation in 1938 for the primary purpose of constructing and operating an incinerator; and WHEREAS, in or about 1968 the operation of the incinerator was terminated; and WHEREAS, in or about June of 1973 the respective governing bodies of the Town and the Village passed resolutions (the “1973 Resolutions”) adopting a plan for the Commission to perform the collection and other functions which had previously been performed by their own separate Sanitation Departments; and WHEREAS, the function performed by the Commission has evolved over time into primarily a collection and off-site disposal operation; and WHEREAS, the annual Commission budget is funded primarily with funds provided to the Commission by each of the two municipalities; and WHEREAS, the governing bodies of the Town and the Village are in active discussions regarding an updated permanent arrangement for conducting and funding the functions now being performed by the Commission; and WHEREAS, these discussions and/or the implementation of their conclusions will not be completed before the Commission’s 2022 budget season; and WHEREAS, the Town and the Village, by adoption of this resolution, are providing for their respective financial contributions to fund the Commission’s budget for the interim calendar year of 2022. NOW THEREFORE, BE IT RESOLVED as follows: 1. Notwithstanding anything to the contrary in any prior statutes, resolutions or agreements, the Larchmont Mamaroneck Joint Garbage Disposal Commission budget for calendar year 2022 shall be funded forty-one (41%) percent by the Village of Larchmont and fifty-nine (59%) percent by the Town of Mamaroneck. 2. The Town and Village Boards (collectively the “Boards”) will continue to work on a mutually agreeable updated arrangement for handling solid waste and other refuse with a goal of commencing an updated arrangement on January 1, 2023. 3. The interim funding contribution agreement described in paragraph “1” above shall remain in effect for the entirety of calendar year 2022. 4. Following adoption of this resolution by the Boards, the Boards will have a series of joint meetings to explore alternatives and advance discussions for a permanent alternate arrangement. 5. On or before June 16, 2022, at a joint meeting, the Boards will discuss the status of agreement on a permanent alternate arrangement and an anticipated timetable for completion of discussions and implementation of a permanent alternate arrangement. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 11 October 20, 2021 APPROVAL OF MINUTES On motion of Councilwoman Fiddelman, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meetings of September 22 and 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 Katz, seconded by Councilman King, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 12 October 20, 2021 ATTACHMENT A 13