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HomeMy WebLinkAbout2021_11_17 Town Board Minutes November 17, 2021 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD NOVEMBER 17, 2021 BEGINNING AT 5:00 PM IN CONFERENCE ROOM C AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK. PRESENT: Supervisor Nancy Seligson Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilwoman Sabrina Fiddelman Councilman Jeffery L. King ALSO PRESENT: Christina Battalia, Town Clerk Meredith S. Robson, Town Administrator Connie Green O’Donnell, Deputy Town Administrator William Maker, Jr., Town Attorney 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 Councilwoman Fiddelman, the Work Session was unanimously opened at 5:00 p.m. Additionally Present: Tracy Yogman Town Comptroller Discussion – Snow and Ice Removal Fines Additionally Present: Town Prosecutor, Matthew McCauley The Town Prosecutor explained that last winter there was an unacceptable number of incidents where owners did not clear snow and ice from the sidewalks that abut their properties. Mr. McCauley is recommended increasing the fines for repeated offenses and leeway for the Town Justices to increase fines up to a maximum. Mr. Maker was asked to draft legislation, which is before the Town Board this evening. The Town Board determined to set the fines higher than what was drafted. Therefore, the fine for the first offense will be no less than $50, the second no less than $75 and additional offenses no less than $100. Setting a public hearing is on the regular agenda for this evening. Discussion – Pryer Manor Road Upon request of the Town Board, Benchmark Research LLC conducted a more extensive title search of Pryer Manor Road and they have certified that the City of New Rochelle is the owner of Pryer Manor Road. The residents will be notified that they must continue their conversations regarding paving of the road, with the City of New Rochelle. If the City of New Rochelle so wished, and the road were to be paved and in a physical condition acceptable to the Town, a request could then be made for the road to be ‘accepted’ by the Town. Discussion - Sustainability Collaborative/Climate Emergency Declaration Additionally Present: appointed and non-appointed members of the Sustainability Collaborative: Nick Zuba, Arlene Novich, June Wallach, Karen Khor, Mark Kramer and Kevin Crowe The Town Board reviewed a revised resolution prepared by the Sustainability Collaborative. The Town Board members agreed this language was more suitable to the Town. Adoption of the resolution was added to the Affairs of the Town for this evening. Discussion – Leaf Blower Local Law Ms. Robson advised the Town Board that she has received a number of complaints from residents about leaf blowers and requests to ban the use of them. Supervisor Seligson reminded the audience that the Village of Larchmont and the City of Rye recently passed a ban and New York State Senator Peter Harckham has introduced legislation at the State level. The Town Board discussed the equity issues involved in the use of gas blowers. The users of the leaf blowers are exposed to polluted exhaust and extreme noise levels. 1 November 17, 2021 There is concern that businesses could be financially impacted by having to purchase new, and potentially less efficient and more expensive, equipment. It was noted that there are currently more grant opportunities for contractors to change over their equipment to electric power. As more neighboring municipalities pass legislation banning gas blowers, there will be more pressure for the Town to as well. The Town Board would like to review the legislation introduced by Senator Harckham. Ms. Robson will obtain the State legislation and bring some additional information to the Town Board for discussion. Discussion - LMC Media Additionally Present: Matt Sullivan Director of LMC Media Councilwoman Katz stated that that there is a greater urgency to address and codify an agreement among the three municipalities (the Board of Control) and LMC Media. A meeting is set for December in which all three municipalities will bring their concepts and proposals for an agreement. Councilwoman Katz stated that the Town Board needs to discuss and consider 1) funding by municipalities 2) percentage of franchise fees given to LMC Media 3) funding by population or by subscribers (currently the franchise fees are issued based on subscribers, but budget funding to LMC Media is based on population, and to date the municipalities have been unable to obtain subscriber information from the providers) 4) finalize an agreement between the municipalities and LMC Media for coverage. Matt Sullivan stated that he is very open to having a contract with the municipalities, as this is very beneficial for budgeting and preparing for levels of coverage. Councilwoman Katz stated that at the next meeting of the Board of Control, LMC Media’s 2022 Budget would be approved. The Treasurer and Administrator of the Board of Control, have requested that their stipends be added to their Town and Village payrolls, and not issued as a 1099. This would place the additional income in the retirement system. Councilwoman Katz emphasized the importance of having a Board of Control agreement prior to negotiations for a franchise agreement. Mr. Maker was asked to prepare legal language that focuses on business terms in preparation for the next meeting of the Board of Control. New Business Tracy Yogman informed the Town Board that health insurance premiums will increase by 12% in 2022. This is a much higher than anticipated increase totaling $138,000 for the 2022 Town budget. Discussion – Proposed Sewer Rent Rate Ms. Robson stated that there were minor adjustments to the memo issued as part of the agenda packet. Based on the new calculations, an average annual sewer rent for 2022 will be $187.47, and increase of $38.57 over 2021. Setting a public hearing is on the regular agenda for this evening. Review – Capital Budget Report – Q3 2021 The Town Board reviewed a number of projects in detail based on the report issued by Ms. Yogman. Ms. Yogam noted, “that implementation of capital projects this past year was severely impacted by the COVID- 19 pandemic. Many of those capital projects and most of the projects approved in the 2021 Capital Budget are in progress.” Review – Operating Budget Report – Q3 2021 The Town Board discussed that relationship between tax levy increase and fund blance level. Supervisor Seligson stated that this is a strange and unique budgeting year, and although the fund balance is very high, there is much uncertainty ahead, and the plan and expectation is to use these fund balances over the next few years. Ms. Yogman stated that the 2022 Budget reflects a tax levy increase of 5.92%, a tax rate increase of 1.13%, that translates into a 1.3% or $406.00 incerase for a homeowner with an average assessment of $1.3 million. The total proposed budget is $52.8 million. EXECUTIVE SESSION 2 2 November 17, 2021 On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Board unanimously agreed to enter into an Executive Session to discuss the employment history of particular individuals. On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, 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 8:10 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 and staff have continued to meet to discuss the 2022 budget. Town Administrator Meredith Robson will introduce and make a presentation about the preliminary budget to the st Town Board and public at the next TB meeting on Wednesday, December 1. Currently, the Preliminary Budget calls for a 5.49% increase in the tax levy to meet the costs of restoring Town programs that were suspended or reduced due to Covid and using fund balance to cover more of the cost of capital projects and less of supplementing operating expenses. A reminder that the Town is working to update the website. We are in the research phase meeting with the consultant to review department pages and layout. It’s exciting to realize how much we can and will improve the functionality of the website. Lindsey Luft is leading this effort. There were several Veterans Day events in our community. MHS Social Studies teacher Peter Green held a small ceremony at the Vietnam Memorial Showcase in the high school. American Legion Post 90 held their annual ceremony at the War memorial on Prospect Ave. in the Village of Mamaroneck and American Legion Post 347 held their ceremony in Flint Park. It’s always and pleasure and a privilege to honor and thank our veterans for their service to our country and their service to our community. The Town held its second annual Vine Squad event. Invasive vines are a problem for trees and native plants in our conservation nature areas. They’re especially virulent in the Hommocks Conservation Area. Last Saturday, 15 volunteers gathered under the management of Liz Aitchison, Town Conservation Director, to cut vines from the base of trees to free them from being pulled down and killed. The event was a great success and the group was productive in protecting trees in the area between the Hommocks fields and the parking area. The Village of Larchmont Board of Trustees and the Town of Mamaroneck Town Council have been discussing our shared sanitation services for the past year. Last night we initiated monthly meetings to explore, study and analyze the best structure for the shared sanitation service to meet future needs and flexibility. Of course the meetings are public and will be held in Village Hall and the Mamaroneck Senior Center. The Summit held a meeting dedicated to the Coronavirus with Westchester County Commissioner of Health, Sherlita Ambler. It was an interesting review of the past year and a half of graphs illustrating the number of Covid cases in the County. It clear to see the plummet in Covid cases as soon as vaccines became available. Booster shots are now available to most people. We encourage everyone to get vaccinated. CITIZEN’S COMMENTS Kevin Crowe representing the Larchmont Gardens’ Civic Association addressed the Town Board. Mr. Crowe asked for updates on the repair of the arches, the damage to the forebay, and remedial cleanup and structural repairs from Hurricane Ida. Supervisor Seligson and Ms. Robson responded, and added that Town is looking into funding being offered to homeowners to raise homes above sea level. Ms. Yogman confirmed that funding is in place for the arches and she has been informed by the Town Engineer that work will begin in the Spring. 3 November 17, 2021 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 CLAIMS On motion of Commissioner Elkind Eney, seconded by Commissioner 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. Set Public Hearing Fire District No. 1 Preliminary Budget 2022 On motion of Commissioner Elkind Eney, seconded by Commissioner Katz, it was unanimously RESOLVED, that the Town of Mamaroneck Board of Fire Commissioners does hereby set the date for a Public Hearing on the Fire District No. 1 Preliminary Budget 2022 for December 1, 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. 3. Other Fire Department Business Commissioner Elkind Eney read the Fire Report for the Month of October as submitted by Chief Hughes as follows: ALARM TYPE NUMBER Generals 56 Minors 26 Stills 0 Out of Town (Mutual Aid) 1 EMS 46 Drills 8 TOTAL 137 4 November 17, 2021 Total number of personnel responding: 770 Total time working: 54 hours and 43 minutes 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. Set Public Hearing – 2022 Preliminary Town Budget On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the Town of Mamaroneck 2022 Preliminary Budget for December 1, 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. Set Public hearing – Proposed Sewer Rent Rate for 2022 On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the rate per gallon or cubic foot of water consumption to be used in determining the sewer rent rate for 2022, for December 1, 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. 3. Set Public Hearing – Snow and Ice Removal Fines 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 “Fines for Violation of Chapter 187 of the Code of the Town of Mamaroneck” Law, for December 1, 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. 4. Approval – Capital Budget Amendments – Q3 2021 On motion Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the 2021 Capital Budget Amendments as detailed by the Town Comptroller as follows: ATTACHMENT B 5 November 17, 2021 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. Approval – Operation Budget Amendments – Q3 2021 On motion Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the 2021 Operating Budget Amendments as detailed by the Town Comptroller as follows: ATTACHMENT C The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6. Adoption - Resolution Climate Emergency Declaration On motion of Councilman King, seconded by Councilwoman Elkind Eney, the following was approved, WHEREAS, on April 22, 2016, 174 countries and the European Union signed the Paris Climate Agreement, recognizing the threat of climate change and agreeing to pursue efforts to limit the global temperature increase to 1.5 degrees Celsius: and WHEREAS, on October 8, 2018 the United Nations International Panel on Climate Change (IPCC) projected that limiting the global temperature increase to 1.5 degrees Celsius will require unprecedented transitions in all aspects of society over the next 12 years: and WHEREAS, as of October, 2021, 2,033 jurisdictions and local governments in 35 countries worldwide (including the European Union counted as one jurisdiction), covering more than one Billion people, have declared a climate emergency: and WHEREAS. on June 24. 2019 more than 70 health organizations including the American Medical Association and the American Public Health Association declared climate change to be a health emergency and issued a call to action for government, business, and civil society leaders to recognize climate change as a health emergency: and WHEREAS, the Town of Mamaroneck recognizes the local adverse impacts of climate change, most recently from the widespread, large-scale and costly damages due to storms Henri and Ida, and the need for local action to reduce flooding, extreme heat health risks, Greenhouse Gas Emissions, energy costs, Sewer System Ground Water Infiltration, Waste Management Emissions and Costs, Residential Insurance Costs and to improve air quality and Clean Emergency Power Production; and WHEREAS, on July 18, 2019, Governor Andrew M. Cuomo signed into law the Climate Leadership and Community Protection Act (Climate Act). New York State's Climate Act is the among the most ambitious climate laws in the world and requires New York to reduce economy- wide greenhouse gas emissions 40 percent by 2030 and no less than 85 percent by 2050 from 1990 levels; achieve l 00% zero-emission electricity by 2040 and statewide carbon neutrality by 2050; and WHEREAS, the Town of Mamaroneck embraces the mandates of the Climate Act and has been at the forefront of sustainability and environmental policy and can be a leader in emergency 6 November 17, 2021 climate action by building and maintaining a climate-resilient and adaptive town for all residents; and WHEREAS, in the County of Westchester Declaration of Climate Emergency passed on October 18, 2021 it was “RESOLVED, that the Westchester County Board of Legislators urges state and local governments to adopt and publicize Declarations of Climate Emergency appropriate to local conditions and take appropriate action to implement the Declarations of Climate Emergency”; and WHEREAS, in the County of Westchester Declaration of Climate Emergency passed on October 18, 2021 it was “FURTHER RESOLVED, that Westchester County's Director of Energy Conservation and Sustainability and the Westchester Climate Crisis Task Force work with Westchester’s 41 municipalities to examine the local implications of the Climate Crisis and identify additional steps to mitigate the impact”, and WHEREAS, in 2014 the Town of Mamaroneck Town Board adopted The Plan for a Resilient and Sustainable Mamaroneck (Sustainability Plan) that sets out near-term, mid-term and long- term goals toward achieving critical objectives; and WHEREAS, the Town of Mamaroneck Town Board created an advisory committee to advance the goals, evaluation and updates to the Sustainability Plan and increase public participation in climate and energy programs, the Town of Mamaroneck Sustainability Collaborative (Sustainability Collaborative); and WHEREAS, the Town of Mamaroneck Town Board created the position of Sustainability Coordinator to work with the Sustainability Collaborative to oversee community-wide outreach efforts, implement and monitor Town of Mamaroneck climate and environmental programs, and coordinate sustainability initiatives with other municipal departments and partner organizations; and WHEREAS, the Town of Mamaroneck was among the initial participants in Westchester Power, a community choice aggregation program, spearheaded by Sustainable Westchester, that provides green energy to local electricity consumers; and WHEREAS, the Town of Mamaroneck has been a consistent leader in sustainable initiatives, including adoption of the NYS Unified Solar Permit, adopting the NYStretch Energy Code, tracking and reporting the energy use of municipal buildings, completing a Community Solar Campaign, building a Community Solar project on the roof of the Town’s Hommocks Ice Rink, completing a GridRewards Demand Response Community Campaign, becoming a Bike-Friendly Community, qualifying as a Climate Smart Community and a Clean Energy Community, and WHEREAS, the massive scope and scale of action necessary to stabilize the climate and biosphere will require unprecedented levels of public awareness, engagement and deliberation to develop and implement effective, just, and equitable policies to address the climate emergency; and WHEREAS, building a climate-resilient and adaptive society will have a positive impact on the health, safety and wellbeing of residents, and will offer protections from the adverse potential consequences of climate change to Town of Mamaroneck's ecosystems; now therefore, be it RESOLVED that the Town Board of the Town of Mamaroneck declares a climate emergency and calls for an immediate emergency mobilization to restore a safe climate; and be it further RESOLVED, that the Town of Mamaroneck recognizes this global and national challenge and sees opportunity for local action to address the climate emergency, while also promoting equity, opportunity, and justice for all residents, businesses, and workers in our community; and be it further RESOLVED, that the Town Board directs the Sustainability Collaborative to develop the Town’s response to this climate emergency, work with the Town Administrator and Departments to identify components of this response, and to present them to the Town Board, no later than the end of September 2022, as the “Climate Emergency Draft Response”; and be it further RESOLVED, that the Sustainability Collaborative shall submit to the Town Board recommendations for a Community Outreach and Education plan and community awareness campaign that will help the Town meet its climate change goals. The community awareness campaign plan should identify all resources, budget, and schedule necessary for successful implementation; and be it further 7 November 17, 2021 RESOLVED, that the Sustainability Collaborative will develop, and together with the Town implement, a strategy to secure Climate Emergency Response funding from County, State and Federal sources, including pending Federal legislation and grants; and be it RESOLVED, as part of the update to the Sustainability Plan, the Sustainability Collaborative is directed to provide options for interim targets to accelerate the reduction pathway to achieve the goals for greenhouse gas emissions reductions outlined in New York State's Climate Act; and be it further RESOLVED, that the Sustainability Collaborative is directed to propose a Green Infrastructure Program, which will include community-wide efforts to reverse declines in the Town’s existing tree canopy, increase the rate of new tree planting along roads and public property, and improve rainfall runoff holding and absorption to reduce impacts to the Town’s Storm Sewer system, and be it further RESOLVED, that the Town Administrator will continue to collaborate with the County Office of Emergency Management and participate in the development of a County-wide Comprehensive Hazard Mitigation Plan. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 7. Settlement of Certiorari On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Donato Guzzetta 437 Ward Avenue Section/Block/Lot: 9-1-379 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2017 $980,000 $130,000 $$850,000 2018 $980,000 $ 90,000 $890,000 2019 $980,000 $ 70,000 $910,000 2020 $980,000 $ 55,000 $925,000 2021 $980,000 $ 55,000 $925,000 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 8 November 17, 2021 On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk ATTACMENT A 9 November 17, 2021 10 November 17, 2021 ATTACHMENT B 11 November 17, 2021 ATTACHMENT C 12 November 17, 2021 13