Loading...
HomeMy WebLinkAbout2021_11_03 Town Board Minutes November 3, 2021 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD NOVEMBER 3, 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 Lindsey Luft, Assistant to the Town Administrator CALL TO ORDER - WORK SESSION The Worksession of the Town Board was called to order by Supervisor Seligson, then on motion of Councilwoman Katz, seconded by Councilman King, the Work Session was unanimously opened at 5:00 p.m. Additionally Present: Discussion – Fire Department 2022 Budget Additionally present: Fire Chief Shaun Hughes, First Deputy Chief Tom Broderick and Second Deputy Chief Alex Rapp Chief Hughes gave a presentation on the budget, highlighting the damage incurred by the equipment during Ida. Additional funding has been requested for a number of budget lines, some storm related and some not. There was a surplus in the Department so the percentage increase is less than the expenditures reflect. Ms. Robson stated that there is a plan for a referendum for the replacement of one piece of apparatus damaged during Ida, and one piece that needs to be replaced. Review – Proposed Increase to the Alternative Veterans Exemption Additionally Preset: Pamela Valenza the Town Assessor Supervisor Seligson stated that historically the Town has always followed the County’s Alternative Veterans exemption levels, and this recommendation appears to be no different. Ms. Yogman added that this would not be reflected until the 2023 Budget. The next step is for a local law, which Mr. Maker was asked to draft. Review – Barton & Loguidice Supplemental Agreement #1 – New Jefferson Street and N. Chatsworth Avenue Additionally present: Tom Baird on video, and Peter Christiano in person, of Barton & Loguidice The Town Board viewed a power point of the proposal for the intersection at New Jefferson Street and N. Chatsworth Avenue. Councilman King stated that he still is not in favor of the current proposal for this intersection, adding that this is a dangerous situation for pedestrians and the solutions thus far are not enough. The Town Board discussed options, one being a mechanical warning. Mr. Baird will revisit the intersection with a greater emphasis on pedestrian safety, including a possible illuminated warning devise. The bush at the end of New Jefferson might be in violation of the code, as it seems to obstruct visibility. This will be reviewed. The Town Engineer will check for a survey of the corner. Mr. Baird hopes to have a revision by the next meeting. 1 November 3, 2021 Discussion – Website Redesign Lindsey Luft presented the Mood Board and Template for the front page of the website and asked for Town Board feedback. The Town Board was pleased with the mockup, but would like to see an alternative lighter blue than what was presented, specifically, a color closer to the blue on the exterior signage at Town Center. Discussion - Sustainability Collaborative – Climate Emergency Declaration The Town received a revised draft from the Sustainability Collaborative. The Town Board was pleased that many more ‘actions’ had been assigned to the Sustainability Collaborative, instead of Town staff. The Town Board would like to see, overall, a shorter declaration. Supervisor Seligson will address these comments with Mitch Green for another revision. Discussion – Swimming Pool Law Recommendations The Town Board received a memo from the Planning Board including specific verbiage to amend the current law. Mr. Maker has reviewed the recommendations with the Building Inspector who is recommending that the Town compare its law with the New York State code as a prudent way to proceed. Mr. Maker, Mr. Polcari and Rob Wasp will work on this. Councilwoman Fiddelman will inform the Planning Board of the new process. Review – Local Law Regarding Parking on Valley Road It appears that this amendment is ‘housekeeping’ in order to conform the law on Valley to the current signage. This was added to the Affairs of the Town for this evening. New Business Meredith Robson updated the Town Board on the Comprehensive Plan stating that she had spoken with Tiffany Zezula. Ms. Zezula will begin to generate a plan to move forward, with a start in January 2022. She will begin now to work with the Steering Committee, so that in January the process can begin in earnest. Meredith Robson reemphasized the Town’s efforts to implement Tyler software. This is a multi-year project that will affect almost all Departments. It is the goal of the Comptroller that financials will be streamlined into the financial software that is being implemented in 2022. The first software that is being reviewed is Energov for the Building Department and the Clerk’s Office. There are many enhancements, including a dynamic resident interface with permits and licensing. There are some integration questions with Laserfiche, but we are hopeful that that will be resolved. 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 history of a particular individual. On motion of Councilwoman Fiddelman, seconded by Councilman King, the Board unanimously agreed to resume the Regular Meeting. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:15 p.m. Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this evening. 2 2 2 2 November 3, 2021 SUPERVISOR’S REPORT Firstly, congratulations to my colleagues, our local officials, who were elected or re-elected yesterday:  Congratulations to Jaine Elkind Eney who was elected to the position of Supervisor in the Town of Mamaroneck,  Congratulations to Sabrina Fiddelman who was reelected to the Town Council,  Congratulations to Ron Meister who was reelected to the position of Town Justice,  Congratulations to Robin Nichinsky who was elected to her first term to the position of member on the Town Council. In the Village of Larchmont:  Congratulations to Brigit Brennan and Dana Post who were elected to the positions of trustee on the Village Board  Congratulations to Thea Beaver who was reelected to the position of Village Justice In the Village of Mamaroneck:  Congratulations to Tom Murphy who was reelected to the position of mayor,  And to Nora Lucas who was reelected to the position of Trustee on the Village Board. Congratulations to Catherine Parker who was reelected to the position of County Legislator, and To George Latimer who was reelected to the position of County Executive. The Town Board has been working with Town staff to review the Tentative Budget. The current revision of the tentative budget calls for a 6.84% increase in tax levy with a 1.57% increase in tax rate. That translates into a $438 increase for a homeowner with an average assessed house of $1.3 million. The increases in the budget reflect increased investments in IT, capital projects including road repair and bringing recreation programs back to pre-pandemic levels. I will remind residents that we increased the tax levy by 1.46% last year to respond to the uncertain and challenging Covid pandemic time. This budget has some catch up in it. Our next budget meeting is Monday, November 8 at 5:30 pm in the Town Center. Of course, it is open to the public. The kickoff of the Comprehensive Plan update will be in January 2022. Designing and scheduling public participation as well as background work will occur from January to March. Public engagement will begin in earnest in spring. November 11 is Veterans Day and there are several events to commemorate that day and thank our veterans for their service. Please go to KemperMemorialPark.org for a listing of the events. PUBLIC HEARING – “Amendment to the Central Air Conditioning Units“ 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, November 3, 2021 at 8:00 PM or as soon thereafter as is possible, to consider the “Amendment to the Central Air Conditioning Units law” Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Section 1 – Purpose: Technology surrounding temperature control systems has changed since section 240-59 of the Code of the Town of Mamaroneck was enacted. Today these systems can regulate the temperature in one room as opposed to entire zones within a structure. This improvement makes the current definition of a central air-conditioning unit as a system designed to regulate temperature in multiple rooms outdated. The Town Board determines that it is appropriate to update this section by changing the definition of the temperature control units to conform to current technology. In addition, section 240- 59 C does not require a homeowner to obtain a building permit when replacing an existing central air- conditioning system even though the State Building Code requires there to be one. This local law amends section 240-59 to require a building permit for such work. 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. 3 November 3, 2021 BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: October 27, 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. There were no additional comments or questions. On motion of Councilwoman Elkind Eney, seconded by Councilman King, 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. 15 - 2021 This local law shall be known as the “Amendment to the Central Air Conditioning Units” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: Technology surrounding temperature control systems has changed since section 240-59 of the Code of the Town of Mamaroneck was enacted. Today these systems can regulate the temperature in one room as opposed to entire zones within a structure. This improvement makes the current definition of a central air- conditioning unit as a system designed to regulate temperature in multiple rooms outdated. The Town Board determines that it is appropriate to update this section by changing the definition of the temperature control units to conform to current technology. In addition, section 240-59 C does not require a homeowner to obtain a building permit when replacing an existing central air-conditioning system even though the State Building Code requires there to be one. This local law amends section 240-59 to require a building permit for such work. Section 2 – Amendment of the title of a current section of the Mamaroneck Code: The title of section 240-59 of the Code of the Town of Mamaroneck is amended to read “Air-Conditioning Systems”. Section 3 – Amendment of a current section of the Mamaroneck Code: Section 240-59 of the Code of Mamaroneck is repealed and the following is substituted in its place: A. For the purposes of this section and for no other purpose, the following terms are defined as follows: AREA The square footage of the horizontal plane on which an air-conditioning system or its pad is situated. CENTRAL AIR-CONDITIONING SYSTEM A system that consists of one or more heat exchanges, blowers, filters, supply, exhaust and return- air systems and any apparatus installed in connection therewith. EXISTING CENTRAL AIR-CONDITIONING SYSTEM Any air-conditioning system that existed on September 1, 2001. PAD Any artificial surface on which an air-conditioning system is situated. 4 November 3, 2021 REPLACEMENT SYSTEM Any central air-conditioning system that replaces either: (1) An existing air-conditioning system, or (2) A central air-conditioning system that was situated at the same location as an existing central air- conditioning system B. An existing central air-conditioning system shall not be required to meet the current zoning requirements unless such system is moved from where it was located on September 1, 2001. C. Installation of new central air-conditioning systems, replacement systems and any existing central air-conditioning system that is moved from the place where it was located on September 1, 2001 shall require a building permit and a letter of completion from the Building Inspector or the Director of Code Enforcement and Land Use. Section 4 – Repeal of a current section of the Mamaroneck Code: Sections 240-59 D. of the Code of the Town of Mamaroneck hereby is repealed and nothing is substituted in its place. Section 5 – 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 6 – 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 HEARING – “Override the Tax Cap Limit Established in General Municipal Law 3-c” 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, November 3, 2021 at 8:00 PM or as soon thereafter as is possible, to consider the “Override the tax levy limit established in General Municipal Law 3-c” Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Section 1. Legislative Intent It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for the fiscal year commencing January 1, 2022 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c. 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 27, 2021 5 November 3, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilman King, 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 Councilman King, the Public Hearing was unanimously closed. On motion of Councilman King, seconded by Councilwoman Fiddelman, the following Local law was approved: Local Law No. 16 – 2021 A local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c Section 1. Legislative Intent It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for the fiscal year commencing January 1, 2022 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3. Tax Levy Limit Override The Town Board of the Town of Mamaroneck, County of Westchester, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2022 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately 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. George Roniger of the Larchmont Gardens Civic Association (LGCA) addressed the Town Board. Mr. Roniger congratulated the newly elected officials, then thanked Supervisor Seligson for her many years of service, adding what a great support she has been to the LGCA. Mr. Roniger asked for an update on the ‘arches’, then noted how appreciative the LGCA is of the newly installed sidewalk on East Hickory Grove Drive. The Repair Café was a huge success, and there is thought of having this as an annual event; it really was a community building event. 6 November 3, 2021 Meredith Robson stated that the Town Engineer is actively working on the arches. Councilman King enthusiastically thanked Mr. Roniger for being the motivating force behind the Repair Café, thanking him for all his hard work. The Town very much supports this as an annual event. BOARD OF FIRE COMMISSIONERS Commissioner Seligson called the Meeting to order, then on motion of Commission Elkind Eney, seconded by Councilwoman Fiddelman, 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 Commission Elkind Eney, seconded by Commissioner Fiddelman, it was RESOLVED that this Commission does hereby authorize payment of the following Fire Department Claims as approved by the Fire Chief and audited by the Comptroller’s Office: ATTACHMENT 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 Commission Elkind Eney thanked the Department for stepping up after the cancellation of the Halloween Drive by on Saturday, and by holding a mini walkup event on Sunday; they saw the need and stepped in. There being no further business to come before the Commission, on motion of Commissioner Fiddelman, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN ADDED ITEM 1. Set Public Hearing – Parking on Valley Road On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set a public hearing on the “Parking Prohibited on Valley Road at Certain Times” Law, for Wednesday, November 17, 2021 at 8:00, or as soon thereafter, at 740 W. Boston Post Road, Mamaroneck, 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 November 3, 2021 After additional discussion it was questioned as to why this law was adopted originally, as it does not conform with any of the policies for parking restriction. The Town Board felt it should do more homework on the origins of the law, and therefore determined to rescind the resolution setting a public hearing. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby rescind the resolution setting a public hearing on the “Parking Prohibited on Valley Road at Certain Times” Law, for Wednesday, November 17, 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 Councilwoman Fiddelman the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 8 November 3, 2021 ATTACHMENT A 9