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HomeMy WebLinkAbout2022_03_16 Town Board MinutesMarch 16, 2022 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE MAMARONECK TOWN BOARD HELD MARCH 16, 2022, 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 Jaine Elkind Eney Councilwoman Abby Katz Councilwoman Sabrina Fiddelman Councilman Jeffery L. King Councilwoman Robin Nichinsky 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 Allison May, Deputy Town Clerk The Worksession of the Town Board was called to order by Supervisor Elkind Eney, then on motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Worksession was unanimously opened at 5:00 p.m. AGENDA ITEMS Review -- 2022 South East Consortium for Snecial Services Agreement Town Administrator Robson presented the agreement, noting that the pricing of the proposed agreement was the same as that for the past 5 years. Councilwoman Nichinsky requested further detail on Town of Mamaroneck hours. Review -- Intermunicipal Agreement with Westchester County — Senior Center Parking Lot Improvements Town Administrator Robson reviewed this Community Development Block Grant (CDBG) agreement for the Senior Center Parking Lot Improvements. The Town Board agreed to defer further discussion to the next meeting. Review — Consultine Agreement — Christina Battalia Town Administrator Robson presented the agreement, which covers 140 hours. Review — Declaration and Sale of Surplus Equipment Town Administrator Robson introduced the designation of a safe as surplus equipment and the need to authorize its sale or disposition. Discussion — Emergency Medical Services Assistant to the Town Administrator Luft explained the Emergency Medical Services Bill 5.8432, highlighting that how the proposed bill defines EMS, deems it as an "essential service", sets standards for the industry and expands the benefits available to EMS personnel. The Town Board agreed to discuss further and to invite Senator Mayer to come speak about the Bill. Discussion — Accessory Dwelling Units ("ADU") Resolution Town Attorney Maker presented a proposed law for the Town Board to review and a copy of Bill 5.4547-A. UPDATES Supervisor Elkind Eney quickly updated the Town Board on a list of items from past meetings, including: 5G, FFK, Sanitation, Police Accreditation, tree law, Climate Smart Communities and LMC Media. OUT OF ORDER — Advice of Counsel On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the Board unanimously agreed to enter an Advice of Counsel. March 16, 2022 EXECUTIVE SESSION On motion of Councilwoman Katz, seconded by Councilman King, the Board unanimously agreed to enter an Executive Session to discuss employment history of a particular individual, potential litigation, and the possible sale of land. On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Board unanimously agreed to resume the Worksession. Review — Westchester Joint Water Works (WJWW) Additionally Present from WJWW: Paul Kutzy, Manager & CEO David Birdsall, Business & Finance Director Frank Arcaro, General Superintendent Zach Wasp, Engineer Paul Kutzy gave a topline of the presentation to be shared later during the Town Board meeting. Mr. Kutzy introduced the other members of WJWW present at the meeting. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:00 p.m. Supervisor Elkind Eney noted that the Town Board met for a work session beginning at five o'clock this evening. SUPERVISOR'S REPORT Welcome to the March 16, 2022, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session in Conference Room C starting at 5:00pm, which is open to the Public. 1 thought 1'd start my Supervisor's report off today with some good news: Last week we were notified by Congressman Jamaal Bowman that the Town was awarded a $308,000 Federal Grant to pay for improvements to the Senior Center. This is great news! 1 want to thank Congressman Bowman for his hard work help and support in getting us this grant and 1 also want to thank Comptroller Tracy Yogman for all her hard work throughout the application process. Last night, by a vote of 41-3, the Town approved the Fire Department Referendum in the amount of $1,308,000 which will enable us to buy two needed firetrucks, one that was past its useful life and the other that "drowned" during IDA. We are bonding to pay for them (although we are getting some insurance proceeds for the firetruck that drowned) and, because it's the fire department, a public referendum is required. 1 want to congratulate the fire department and thank the members of the public who voted for their support! 1 also want to thank the Town PBA. On March 5t' and 6t' they held a drive at the Ferndale Shopping Center to collect medical/hygiene supplies to be sent to the Ukraine —they called it "stuff the cruiser". Well, thanks to their hard work and the support of our generous community, they stuffed 2 March 16, 2022 5 cruisers and the much- needed supplies are on their way to the region to be distributed at refugee centers. 1 want to update you about the Comprehensive Plan. We had our first working meeting for the Comprehensive Plan Steering Committee last week. It was a wonderful first meeting. We picked out slogan for the Plan... the acronym is TOM which stands for Together Our Mamaroneck. We will be working on a logo that will help identify all comprehensive plan outreach and activities. Meanwhile, our consultants are in the process of fact-finding. They have toured the Town with various members of the staff and will be interviewing members of our various boards and commissions to get their input. 1 want to note two other events: The monthly meeting of the Mamaroneck Chamber of Commerce. It was great to be back in person. We heard reports from various members of the Chamber and learned of upcoming events. The monthly Summit Meeting topic was safer, sustainable landscaping alternatives to pesticides. Panelists Lisa McDonald, Co -Chair of the Village of Larchmont Environmental Committee, Nancy Seligson, the former Supervisor of the Town of Mamaroneck, and June Wallach, Co -Chair of the Town of Mamaroneck Sustainability Collaborative discuss healthy, sustainable landscaping alternatives. 1 wouldn't be me if 1 didn't remind you that last weekend was daylight savings time ... please check the batteries on your smoke detectors and carbon monoxide detectors Being that there are no public hearings tonight, the next item on the agenda is Resident Comments. CITIZEN'S COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board. Judith Darsky, 4 Briar Del Circle, addressed the Town Board. She requested that the Town Board review the permit issued to her neighbor to level their yard with two to five feet of fill. Mrs. Darsky understands her neighbor's desire for a level yard, in which their children could more easily play, but explained that the professional arborists she hired have warned her that any fill amount over two inches a year would likely kill both her trees and her neighbor's trees. She is worried that a tree may fall on her home. Mrs. Darsky proposed two options: (1) rescind permit, or (2) remove the trees that will fail and fall. PRESENTATION Supervisor Elkind Eney introduced Paul Kutzy, Manager and CEO or Westchester Joint Water Works. Paul Kutzy presented and introduced the other employees of WJWW in attendance including David Birdsall, Business & Finance Director; Frank Arcaro, General Superintendent; and, Zach Wasp, Engineer. ATTACHMENT A BOARD OF FIRE COMMISSIONERS Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Fiddelman, seconded by Commissioner Katz, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky 3 March 16, 2022 1. FIRE CLAIMS On motion of Commissioner King, 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 B The above resolution was put to a roll call vote: Commissioner Nichinsky Aye Commissioner King Aye Commissioner Fiddelman Aye Commissioner Katz Aye Commissioner Elkind Eney Aye 2. CERTIFICATE OF RESULT OF CANVASS OF SPECIAL FIRE DISTRICT ELECTION On motion of Commissioner Fiddelman, seconded by Commissioner Katz, it was RESOLVED that WHEREAS, on March 15, 2022, the Town of Mamaroneck Fire District, held a Special Election for the purchase of fire fighting vehicles, including apparatus and equipment for the Mamaroneck Fire District No. 1 in the Town of Mamaroneck, at a maximum estimated cost of $1,308,000, including incidental expenses, hereto attached, and that said Certificate of Results of that Referendum, hereto attached, have been Certified by the Chairman of Elections and the Inspector of Elections, and WHEREAS, as required, the Certificate of Results of Canvas of the Special Election, were filed in the Office of the Town Clerk and the Office of the Fire District Clerk, on March 16, 2022. The above resolution was put to a roll call vote: Commissioner Nichinsky Aye Commissioner King Aye Commissioner Fiddelman Aye Commissioner Katz Aye Commissioner Elkind Eney Aye 3. Other Fire Department Business Commissioner Elkind Eney read the Fire Report for the Month of February as submitted by Chief Hughes as follows: ALARM TYPE NUMBER Generals 22 Minors 22 Stills 1 Out of Town (Mutual Aid) 3 EMS 36 4 March 16, 2022 Drills 3 TOTAL 87 Total number of personnel responding: 470 Total time working: 29 hours and 7 minutes There being no further business to come before the Commission, on motion of Commissioner Fiddelman, seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Authorization — 2022 South East Consortium for Special Services Agreement On motion Councilwoman Katz, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the extension of the consultant agreement between the Town and Tectonic Engineering Consultants and hereby authorizes the Town Administrator to approve the agreement extension and execute any related documents necessary to carry out its implementation. The above resolution was put to a roll call vote: Nichinsky King Fiddelman Katz Elkind Eney 2. Approval — Consulting Agreement — Christina Battalia Aye Aye Aye Aye Aye On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board hereby approves the consulting agreement between the Town and Christina Battalia for consulting services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 3. Authorization — Declaration and Sale of Surplus Equipment On motion of Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Mamaroneck Town Board hereby approves the designation of a safe as surplus and authorizes its sale or disposition. The above resolution was put to a roll call vote: Nichinsky Aye 5 March 16, 2022 King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 4. Authorization — 2022 Town & County Tax Warrant On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board hereby approves the The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 5. Authorization — Appointment of Town Clerk On motion of Councilwoman Abby Katz, seconded by Councilman Jeffrey King, it was RESOLVED, that WHEREAS, Christina Battalia, has resigned from her position as elected Town Clerk, effective March 19, 2022, NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby appoint Allison May as Town Clerk, to fill the unexpired term of Christina Battalia, at annual salary of $ $105,668, effective March 19, 2022, said term to expire on December 31, 2022, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby appoint Allison May as Registrar of Vital Statistics, effective March 19, 2022, said term to expire on December 31, 2022, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does appoint Laura DeMuro as Deputy Town Clerk and Deputy Registrar of Vital Statistics, effective March 19, 2022, said term to expire on December 31, 2022. BE IT FURTHER, RESOLVED, that pursuant to NYS Arts & Cultural Affairs §57.19, the Mamaroneck Town Board does hereby appoint Allison May as Records Management Officer, effective March 19, 2022, said term to expire on December 31, 2022, and BE IT FURTHER, RESOLVED, that pursuant to Mamaroneck Town Code - Records §167- 2, the Mamaroneck Town Board does hereby appoint Allison May as Records Access Officer, effective March 19, 2022, said term to expire on December 31, 2022, and BE IT, FURTHER RESOLVED, that pursuant to NYS Domestic Relations Law §11-c, the Mamaroneck Town Board does hereby appoint Allison May as a Marriage Officer, effective March 19, 2022, said term to expire on December 31, 2022. 6 March 16, 2022 The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 6. Resolution — Accessory Dwelling Unit WHEREAS, Bill S.4547-A entitled "Accessory Dwelling Units" would add a new article 16 to the Real Property Law (RPL) that would establish state-wide standards for the creation of accessory dwelling units without regard for local needs and conditions and without establishing any requirement that such accessory dwelling units be rented at affordable prices, and WHEREAS, Bill S.4547-A mandates that within one year of its effective date, all local governments enact zoning legislation that will conform to the new article 16 (proposed RPL 481 [161), and WHEREAS, while the new article 16 allows for some local control, Bill S.4547-A requires a local government to submit its local law to the New York State Division of Homes and Community Renewal (Division) so that the Division can review such local law to determine whether it complies with the new article 16 (proposed RPL 482 [1] [2] [a], and if the Division determines that the local law is not in compliance with the new article 16, Bill S.4547-A grants the Division the authority to "revise the local laws to comply with this article and direct the local government to adopt it" (proposed RPL 482 [3] [a] [ii]), and WHEREAS, Bill S.4547-A mandates that such local law allow for at least one accessory dwelling unit for each lot in its single-family or multifamily residential zoning districts and on all lots that have a current residential use (proposed RPL 481 [1] [a] and [b]), and WHEREAS, Bill S.4547-A mandates that such local law not establish a minimum size for an accessory dwelling unit of more than 550 square feet or a maximum size of less than 1,500 square feet for an accessory dwelling unit (proposed RPL 481 [2] [a] and [b]), and WHEREAS, Bill S.4547-A mandates that such local law not contain restrictions, such as lot coverage, floor area ratio, open space and minimum lot size, that would prevent the construction of an accessory dwelling unit of at least eight hundred square feet that is set back from its side and rear neighbors by four feet (proposed RPL 481 [2] [c]), and WHEREAS, Bill S.4547-A mandates that such local law (1) not require an accessory dwelling unit to have a ceiling height greater than seven feet, (11) not require that more than two feet of that unit's height be above the curb line of the property for an accessory dwelling unit that primarily is underground or (III) that there be a pathway (proposed RPL 481 [2] [d], [e] and [f]), and WHEREAS, Bill S.4547-A mandates that no off-street parking requirement for the creation of an accessory dwelling unit can be required if that unit lies within one-half mile of a subway stop, rail station or bus stop (proposed RPL 481 [4] [a]), and WHEREAS, Bill S.4547-A mandates that such local law not require that existing off-street parking in the form of garages, car ports or other covered parking structures, be replaced if those structures are converted to an accessory dwelling unit or demolished to make room for an accessory dwelling unit if such property lies within one-half mile of a subway stop, rail station or bus stop (proposed RPL 481 [4] [b]), and WHEREAS, Bill S.4547-A mandates that such local law not require the creation of an accessory dwelling unit to undergo administrative review, such as site plan review, or the issuance of an 7 March 16, 2022 additional or amended certificate of occupancy for an accessory dwelling unit (proposed RPL 481 [51), and WHEREAS, Bill 5.4547-A mandates that such local law not provide that accessory dwelling units be counted when determining allowable residential density or considered when determining lot coverage or open space requirements (proposed RPL 481 [91), and WHEREAS, Bill 5.4547-A mandates that a local government may not require the correction of nonconforming zoning conditions or the correction of undefined "minor violations of local law" as a condition for creating accessory dwelling units (proposed RPL 481 [111), and WHEREAS, the foregoing synopsis of Bill 5.4547-A demonstrates that it does not allow a local government to examine such vital issues as traffic, on -street parking, impacts on the environment, increases in school population, strain on infrastructure, such as potable and waste water systems and facilities, the need to employ additional civil servants, such as emergency medical technicians, firefighters, sanitation workers and police officers, to provide services to the increased population, and WHEREAS, adopting one set of rules to be applied in each of the 40 cities and 1,481 towns and villages of the State of New York completely ignores the unique characteristics of these communities, and WHEREAS, the Town Board is concerned that as currently written Bill 5.4547-A can have the untended consequence of providing a mechanism for people to earn huge profits without providing lower cost housing. For example, homeowners can install an accessory dwelling unit in their homes and rent the accessory dwelling unit for market rent, and WHEREAS, the Town Board considers that Bill 5.4547-A does not consider significant, legitimate concerns of local governments. On motion of Councilwoman Katz, seconded by Councilman King, NOW THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck is adamantly opposed to the passage of Bill 5.4547-A, and BE IT FURTHER RESOLVED, that the Town Clerk distribute copies of this resolution to the Governor, to the Town's representatives in the State Assembly and the State Senate, to the State Senators who sponsored Bill 5.4547-A and to the Westchester Putnam Association of Town Supervisors. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 8. Authorization — Moving the Town Board Meetings in June On motion of Councilman King, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby agree to move the Town Board Meetings in June from the 1'Y and 15t" to June 8t" and 22"d The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 0 March 16, 2022 9. Authorization — Appointment of Poet Laureate, to be shared with the Village of Mamaroneck On motion of Councilwoman Katz, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby agree to appoint Michael Collins as Poet Laureate, as proposed by the Village of Mamaroneck Council of the Arts in collaboration with the Village of Mamaroneck. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 10. Resolution — Sale of Strip of Land Along Rockingstone and Mountain Ave On motion of Councilwoman Nichinsky, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board hereby approves the sale of a strip of land along Rockingstone and Mountain Avenue to 85 Colonial LLC for the sum of two thousand five hundred and no/ths ($2,500.00) dollars and authorizes the Town Administrator to execute a contract in the name of the Town of Mamaroneck subject to a permissive referendum. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye ATTACHMENT C APPROVAL OF MINUTES On motion of Councilwoman Katz, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of March 2, 2022. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. Christina Battalia reported in her last report as Town Clerk, that "It has truly been an honor and a privilege to serve the Town for the past 17 years. I loved interacting everyday with our residents. I loved supporting the Town Board. I loved empowering my staff to achieve new skills. I loved being the Records Management Wonk — especially when no one knew what records management actually was. I loved those colleagues turned to me for questions and advice. I loved developing new ways of making government work better. And, I LOVED being a face for good government." 9 March 16, 2022 Supervisory Elkind Eney said, we have two people we want to honor tonight: The first, Lenny Verrastro, passed away yesterday morning. Lenny worked in the VOM for 27 years before his retirement; first as clerk/treasurer and then as Village Manager. He was longtime member of the LMC Media board of directors, also serving a tenure as Board President. At the time of his death, Lenny was serving the Town on the Board of Assessment Review, where he served since 2014. And he was my neighbor--- the one who had the key to my house in case of emergency. Lenny was an all-around great guy who will be missed by all that knew him. We send our heartfelt condolences to his wife Lin, his daughter, Lisa, his granddaughter, Lili, and his many friends and colleagues. The second is bittersweet. Our beloved, award -winning, Town Clerk, Christina Battalia is retiring. Tonight, is actually her last meeting. Christina was appointed Deputy Clerk in 2005 and then became Town Clerk in 2007.During her tenure as Town Clerk, Christina brought the town's record management from the dark ages into the 21'Y century —she reconfigured all the Town's records, restored our archives, and brought Laser Fiche, an electronic content management system, to the Town. She handled the public facing responsibilities of Town Clerk with the highest degree of professionalism and grace ... treating all who came to her office with respect. We wish her the very best in her next chapter. Thank you! ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilman King the meeting was unanimously adjourned. Submitted by Allison May, Town Clerk 10 March 16, 2022 Attachment A — WJWW Presentation 03-16-22 Westchester Joint Water Works Proposed Rye Lake Filtration Plant Town of Mamaroneck Town Board Meeting Public Attention 1 Involvement Westchester Joint Water Works (WJWW) launched a website on 3/24/21 wiwwfiltration.orq to educate the public about the proposed Rye Lake Filtration Plant, and to facilitate the public's review of SEQR documents for the public to provide comments. 11 March 16, 2022 WJWW Customers • WJWW supplies water to its member municipalities (the Village of Mamaroneck, the Town of Mamaroneck and the Town/Village of Harrison) and to portions of the cities of Rye and New Rochelle, serving 59,629 consumers through 14,682 service connections. • WJWW also provides water on a wholesale basis to the Village of Larchmont and Suez Water Westchester, which provides water to the City of Rye, Village of Rye Brook and Village of Port Chester. • In all, WJWW provides drinking water to some 120,000 residents in Westchester County. RYF LANE WJWW System Facilities N • Proposed Rye Lake Filtration Plant. • Rye Lake Ultraviolet (UV) Treatment Facility. • 4 Chemical Treatment Facilities (Including 1 Proposed at Crisfield Station in the City of Yonkers). • 7 Water Storage Tanks. a • 5 Pump Stations (6 Service Zones). = 2R • 6 Pressure Reducing Valve Stations (6 Service Zones) _.. • Approximately 37 Miles of Water Transmission Mains. • Approximately 219 Miles of Water Distribution Mains. 12 March 16, 2022 WJWW Water Supply Sources • WJWW has two water sources, i.e. Rye Lake and the New York City Delaware Aqueduct at Shaft 22 in Yonkers. Rye Lake is an extension of the New York City Kensico Reservoir. • The water which WJWW receives from Shaft 22 is treated by New York City and complies with all regulatory treatment requirements. The water which WJWW draws from Rye Lake is not treated by New York City and following treatment by WJWW, currently does not comply with all regulatory treatment requirements. WJWW Water Sources W I: ST C'H ESTER CO U N T 1', N1. N' V 0 R K ------------- 1 ' -E 1 ' ---- ---' _. Mnjor 13 March 16, 2022 Proposed Rye Lake Filtration Plant • 30 Million Gallon per Day (MGD) Dissolved Air Flotation/Filtration (DAFF) Plant. • Proposed to be built on property owned by Westchester County and within the current boundaries of Westchester County Airport, off Purchase Street in the Town/Village of Harrison. • Close to WJWW's Rye Lake water supply source and existing WJWW infrastructure. • Expected to be Constructed and Operational by February 2027.. • Estimated cost of approximately $110 million. Dissolved Air Flotation/Filtration (DAFF) • Proven water treatment technology • Very effective at treating reservoir water • Compact layout offers lower capital costs than most other clarification processes • Robust process that is not susceptible to process upsets ['h Compressed � V Air System Pumps OAF Sludge Skimmer —. solids Raw �DAF Zone) - Water —� BackwashTroughs Filter Madia �_- Filtered water 14 March 16, 2022 USEPA Administrative Order — July 11, 2019 • On July 11, 2019, the U.S. Environmental Protection Agency (USEPA) issued an Administrative Order (AO) to WJWW mandating WJWW to construct a filtration facility for WJWW's Rye Lake source by October 2024 to control levels of HAA5 found in the drinking water by removing organic matter naturally found in Rye Lake which are precursors for disinfection by-products, including HAA5. • WJWW continues to be in violation of a NYS Supreme Court Order issued to WJWW In 2004 which mandated WJWW to construct a water filtration plant by December 2008 to comply with the NYS State Sanitary Code and the USEPA Surface Water Treatment Rule (SWTR) filtration requirement. Recent Haloacetic Acids (HAA5) MCL Violations • In 2019, WJWW was cited three times by the Westchester County DOH for violation of the Maximum Contaminant Level (MCL) for Haloacetic Acids (HAA5) under the USEPA Stage 2 Disinfectants and Disinfection Byproducts Rule. • In a temporary response to these violations, WJWW implemented an aggressive water main flushing program to maintain levels of HAA5 below the MCL, which has been successful to date. While this temporary action has been effective it results in approximately 85 million gallons of water wasted annually at an approximate cost on average of $300,000 annually to WJWW customers. 15 March 16, 2022 Disinfection Byproduct Formation "Disinfection byproducts (DBPs) can form in water when disinfectants used to control microbial pathogens combine with naturally occurring materials found in source water." - USEPA Regulated DBPs: • Total Trihalomethanes (TTHM) • Haloacetic Acids (HAA5) Organic matter in source water: Dissolved and particulate matter resulting from decaying vegetation, and bacterial and algal growth Current Proposed Rye Lake Filtration Plant Status • The SEQR Draft Environmental Impact Statement (DEIS) should be ready for public review by April 2022. All comments raised by neighboring properties, local organizations, and government agencies during public review of the SEAR Draft Scope will be responded to in the DEIS. • Construction expected to begin by February 2024. • Operational by February 2027. 16 March 16, 2022 Public Attention / Involvement Westchester Joint Water Works (WJWW) launched a website on 3/24/21 wjwwfiltration.orq to educate the public about the proposed Rye Lake Filtration Plant, and to facilitate the public's review of SEQR documents for the public to provide comments. Attachment B — Fire Claims 03-16-22 17 March 16, 2022 Town of Mamaroneck From: Tracy Yogman - Town Comptroller ITt Re: Fire Claims Date: March 16, 2022 The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount AAA Emergency Supply Co., Inc Scott parts, hose, kit, Air Pak etc. $ 309.78 Con Edison Fire HQ Gas service adjustments October - Dec. 2021 139.88 Foley Hardware Nuts, bolts and screws to replace broken pipe in Firehouse 17.77 Glatfelter Speciality Benefits Basic Life and covered activity Premium 111/22-111/23 5,660,64 Grainger Measuring wheel with kickstand 10" 64.62 Home Depot Materials to build rack for hanging turnout gear 132.30 Krajczar, Peter ROmb. for textbook for IFSTA Fire & Emergency Service Co, class 83.00 Optimum Cable Services for 2/23-3/22/22 271.05 Ready Refresh Water Cooler Rental & paper fee 1/19-2/18/22 161.96 Town of Mam'k Fire Dept. Food for meals for Winter Storm Kennan standby crews 1/27 & 1129/22 652.55 UniFirst Corporation Cleaning supplies 2/25, 3/4/22 222.65 Verizon TMFD 300M Fios Redundant Circuit 2/25/22 289.99 WJWW 6" metered Fire service 1/26-2/25/22 37.00 Total $ 8,043.19 Motion of Second by A IL-1 4� N K F K EE Page 168 of 179 Attachment C — Sale of Retaining Wall Rockingstone & Mountain Avenues 03-16-22 18 March 16, 2022 COUNSEL Town of Mamaroneck County of Westchester 740 Wes[ Bosion Post Road, Mamaroneck, NY 10543-3353 TEL: 914 / 381-7815 FAX: 91411381-7809 %V,Nlakerh 01'o% nnfMamaroneckNY.or_� ATTORNEY -CLIENT CONFIDENTIAL COMMUNICATION MEMORANDUM To: Members of the Town Board ccs: Meredith S. Robson, Town Administrator Robert P. Wasp, Town Engineer From: William Maker, Jr., Attorney for the Town Subject: Sale of retaining wall Date: March 11, 2022 In April of 2021, the Town Board approved the sale of a strip of land along Mountain and Rockingstone Avenues for $2,500. The reason for the sale is that the area being sold contains a retaining wall. By transferring title to thy, strip, the Town will relieve itself of the responsibility of maintaining that wall and from possible liability for property damage or personal injury if the wall were to collapse. For reasons I cannot explain (probably in part because of the pandemic), the transaction was never consummated. To do so, I attach a proposed contract of sale. The proposed contract is the same one that the Town used when selling a portion of the driveway to the owners of 80 Howell last year, To allow the Board to have a visual understanding of the land being sold, I attach a survey of the site. The area being sold can best be understood by finding the "P.C." after the name "Senor" in the bottom left corner of the survey. Immediately above "P.C." is the word "stone". Immediately above "stone" is a solid line where there is a second retaining wall. The dark line represents the boundary line of record between the owner of the home and the Town's right o� wav for Mountain Avenue. The area being sold is the strip between the "stone retaining wall" and the boundary line of record. The strip continues from left to right and then bottom to top between the words "stone retaining wall" that appear parallel to "Rockingstone Avenue" and the boundary I'r inled on kecyclVd 1' LIM Page 127 of 179 19 March 16, 2022 '�'\ #-b� To: Members of the Town Hoard ccs: Meredith S. Robson, Town Administrator Robert P. Wasp, Town Engineer From: William Maker, Jr., Attorney for the Town Subject: Sale of retaining wall Date: March 11, 2022 Page Two line of record which is the solid line to the left of the course direction of "N180 30' 29" W" until the northerly tip of the owner's property below the course description "N85° 00' 00" W". (The course description is superimposed upon the word "concrete so that only the letters "conc" are legible.) You will note that besides the retaining wall, a staircase is being conveyed, another type of improvement that invites liability. Also, at the bottom of the survey, there is a space in the retaining wall in the general area where "N62°10'E 45.14" appears This area is part of the conveyance because one continuous new boundary line makes more sense. The Town Board is asked to approve the contract and authorize Meredith to sign it on behalf of the Town after the purchaser signs the contract and returns it to Rob. 1 A I L 1 , ! ; M1,61 Page 128 of 179 20 March 16, 2022 CONTRACT OF SALE lex� (Vacant Land) THIS AGREEMENT is dated the day of April, 2022 and is between Town of Mamaroneck whose address is 740 West Boston Post Road, Mamaroneck, NY 10543 ("Seller") and 85 Colonial LLC , with offices at 69 Harney Road, Scarsdale NY 10583 ("Purchaser"). 1. Seller shall sell and Purchaser shall buy the real property hereinbelow described for the sum of Two Thousand five Hundred and no/100ths ($2,500.00) DOLLARS, payable as follows: On the signing of this Contract, no down payment, At closing, by bank or certified check, the sum of Ten Thousand Dollars ($10,000.00). 2. The real property is described on the annexed Schedule A. 3. Upon receipt of the purchase price at the time and in the amount set forth in "1" above, the Seller shall execute and deliver to Purchaser, a Quit Claim Deed, in recordable form, so as to convey whatever title the Seller has to the real property described on Schedule A, subject to the covenants and restrictions set forth below. The Purchaser shall pay for the preparation of the Quit Claim Deed, all documents associated with this transaction and all transfer taxes due as a result of the sale of the real property. The deed shall contain a clause which complies with Section 13 of the Lien Law. If the Seller is unable to convey insurable title subject to the matters set forth herein, the Purchaser may either (a) close title and accept whatever title the Seller can convey or (b) cancel the contract. In either case, the Seiler will not be considered to be in default of this Contract and the Purchaser shall not seek any damages, specific performance of this Contract or an abatement in the purchase price. 4. All adjustments of real estate taxes, assessments and water/sewer charges, if any, shall be conducted in the normal manner for real estate transaction in the locality in which the real property is situated. 5. The Purchaser shall have possession of the real property on the date of the transfer of title unless otherwise agreed to, in writing, by the parties hereto or their attorneys, in which event, all adjustments shall be calculated from the date that the Purchaser took possession of the real property and Purchaser shall be obligated to maintain the real property from said date. 6. If the Purchaser fails to perform any of the terms, conditions and provisions of this Contract that it is required to perform, the Seller shall give the Purchaser written notice of such default. If the Purchaser fails to cure the default, within ten (10) business days after notice has been given, the Seller may terminate this Contract by giving written notice in the same manner that a notice of default may be given. If the Purchaser is in possession of the real property, it shall immediately relinquish same to the Seller. Upon written request by either party, the parties shall execute a formal termination contract. The Purchaser hereby expressly appoints the Seller as the Purchaser's attorney -in -fact for the sole purpose of executing a formal termination of contract if the Purchaser fails to or refuses to execute same Page 129 of 179 21 March 16, 2022 within fifteen (15) days after the Seller requests that it do so. The rights afforded the Seller hereunder shall be in addition to those afforded to it by law. This Contract may only be changed or amended in a writing signed by the parties hereto. 8. This Contract shall be binding upon the distributees, executors, administrators, successors and assigns of the parties hereto. 9. This Contract of Sale is subject to a permissive referendum. 10, The closing shall occur on or about the Ath day after the date that the time to petition for a permissive referendum shall have expired. 11. The acceptance of the deed by the Purchaser shall be deemed to be the full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Contract of Sale. None of the obligations that the Seller is required to perform pursuant to this Contract of Sale shall survive the closing. 12. The Purchaser will accept the real property in its "as -is" condition and subject to any state of facts an accurate survey may show, each covenant, easement or restriction of record and all zoning laws and other laws, ordinances and regulations imposed by any governmental unit or municipal authority having jurisdiction over the parties or the real property. /OKI\ 13. In entering into this Contract for Sale, the Purchaser is not relying upon any representation, express or implied, made by the Seller or its employees or consultants. 14, The parties may not assign their rights under this Contract of Sale. 15 (a) Any notice which is required or may be given under this Contract of Sale shall be in writing and shall be deemed to have been made either (i) on the day that it is hand delivered to the other party (or a person who is entitled to a copy of the notice) or to someone of suitable age and discretion at the address of that party (or a person who is entitled to a copy of the notice) or (ii) on the first business day after it is sent, if it is sent by a reputable overnight courier or (iu) on the third business day after it is mailed, if it is mailed by certified mail, return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a copy of a notice ("addressees") are: If to the Purchaser, to: 85 Colonial LLC 69 Harney Road Scarsdale, NY 10583 With a copy to: Page 130 of 179 22 March 16, 2022 If to the Town, to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Att: Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Att: Town Attorney or to such other address that an addressee shall have specified in a notice to the other addressees. 16. The words "Purchaser" and "Seller' shall include the plural thereof where applicable. 17. This Contract may be executed in one or more counterparts, which, when taken together, shall constitute a single agreement. This Contract may be transmitted with a facsimile signature or a "PDT" or similar signature which shall be fully binding and enforceable on the Parties. IN WITNESS WHEREOF the parties have signed this Contract on the date and year first mentioned herein. Town of Mamaroneck 85 Colonial LLC By: Meredith S. Robson, Town Administrator /in;, 3 By: Page 131 of 179 23 March 16, 2022 First American Title Insurance Company /11MN SCHEDULE A DESCRIPTION OF PREMISES Title No.: GST-SS-10011471-W ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Mamaroneck, County of Westchester and State of New York, being particularly bounded and described as follows: BEGINNING at a point on the northerly side of Highland Avenue (now Mountain Avenue), which point of beginning is the dividing line between Lots Nos. 6 and 7 in Block 308 on a certain map entitled, "Map of the Woods of Larchmont, situated in the Town of Mamaroneck and the City of New Rochelle, in the County of Westchester and State of New York, surveyed for Clifford B. Harmon & Co. 421 Street and Madison Avenue, New York, 1909" and filed in the Office of the Register of Westchester County, now known as Westchester County Clerk's Office, Division of Land Records by the No. 1896 on March 11, 1910; RUNNING THENCE South 19 degrees 37 minutes 15 seconds east, a distance of 11.96 feet to a point; THENCE North 70 degrees 22 minutes 45 seconds east, a distance of 82.23 feet to a point; THENCE North 62 degrees 32 minutes 10 seconds east, a distance of 45.14 feet to a point; THENCE along the arc of a curve bearing to the left having a radius of 8.000 feet and a distance of 6.524 feet to a point; THENCE North 18 degrees 37 minutes 00 seconds west, a distance of 80.56 feet to a point; THENCE along the arc of a curve bearing to the left having a radius of 59.50 feet and a distance of 49.77 feet to a point; THENCE southerly and southeasterly along the arc of a curve bearing to the right with a radius of 41.54 feet, a length of 29.09 feet to a point; Page 132 of 179 24 March 16, 2022 r"h First American Title lnsurance Company THENCE RUNNING southerly along the westerly side of Rockingstone Avenue, south 18 degrees 30 minutes 29 seconds east 100 feet to the northwesterly corner of Highland Avenue and Rockingstone Avenue; THENCE RUNNING along the northerly side of Highland Avenue aforesaid, south 71 degrees 29 minutes 31 seconds west 120 feet to the point or place of BEGINNING. DESCRIPTION Page 133 of 179 25 March 16, 2022 E LI.UI.IVY � ✓/L Pa1Pn[adrmrhld3eue0 ®G1fEa 9AE1x �wO OO Twnm.valhamN aus,ePeaa,x.s v.a xmw i, I. F�«e..e<a,ma;a , ❑mRUY 1MEI .eaaa.ae. rkS �he•Mfalmu Sm+daM Rsm Agar lx ivcv Ymk Sax aYLYYIWIYP � Rd �-T Aaochxkn aPlond ma pmc Thb Sv.cY bv,Wnammtl®NWc feaW7m ,xx.r.l.a sep.mr, Im, zmm,aeea. m.Yur Pele xmk w via �SW1 PoST 19p' ee11 �U w saemRx>'lx.km.�mvm�uimmm Waxel,uvry. HT�NYDPANI Ch � m YlAT VALVE P.O. LOT P.D. LOT �N SIIa Smer,. LE. Nav Yak Slam l/<Ne3M831 � / _ — {C n9a mpynY Camia D[ Ir PAL y6 7/?.'Y nvhodml Jmm ooYe 000a mme,eoamE &Emou P.C..1m74 AL1. Y+I611tY 0.E8ERYE0. .0 VAMC PIXE / ,.Y T1 P.O. LOT © iLi, xANM0.E P.O. LOf2 Q' ]. n.sa.nm ATak upmYrwa.xmmmo,•aa.k:asiwoilmcxpal oas.m Prniaw a�oe '+a�a.AmgaSgrmfcxpp�wum ® ELECIPoC BDr Z.'144 � ada'n'P[ixiRRamyY4tb P,x'IYd. Aagye(aaavcauv pmiae.5vwjmYb oh}nm nvmm�.o, ®SCnDP UAuxCpt; StuHE ®xhlER uAxxfnL _ 8]1' 3FW 15A0 I — — — — — — 1 sartemexxnlem md,udxgwad aPPax"°°�'A ueq,..- —.. arm+lya�+.x kmaa'.mi.F®mgn�m,l�i®a11Yde,m mAava,aei�Yl'us The ®EF ew umna LOT6 LOT4 I Lot YYagYhaumaOlhebaaem 4oWP^i.¢+1q'&nmdra,heas xebthe we+eled Pdn enlY.lelYlm dinY.tiaxn,nretrwed 6xmy mTupdmelwC ®DRAIN uAxxd..E - I Selme ®„wor6:E LOTS a ; W UamaxXad docaeon medStlaamlkatms/'>mP6a Holetlan afSmdn T2m9 A51 � $ � � tudiYAtima l410e mxw YaR Sme FdxAfinefAn ;RE".)F,'m FIiY. b 4 I i; W NOT Pl1R TITLE SIUI115PER t EE I r ue v I ameNisrticm ® SURVEY OF S °'NuO W zLOT Nos.3,4,6,6 & v O P.O. LOT Nos.1 & 2 Z " AS SR SOWN ON THE MAP OF I (ry THE WOODS OF LAFICHMOUNT I Z LOCATEDIN TN6 TOWN OF MAMAAONECK O wesrcFlrsrelcouNrY, NE:varoPK 3raxr: P�mxnaq w+u I I I �- 4 l 6CAI:E1 t' � PY} LM7E 58P1'F.IADER tm.'203m Q r Yu'IaxRd0 S71'38'3tW 1PDAYP �4 � ham, yZ SY'R AR' ,524, ee&moo Y W BTCNP �67s Y1Z.P3'"- GABRIEL E. SEN � •� GGe .11. cam ���� ssaermm".aln.ex�w� cxao MOUNTAIN AVENUE mq"1•"0O}0 ` �'1P� (HIGHLANp AVE.) e4P.o.�Rxlm4elaas. . MD"02 ngARMROI 9GDWG, VtWMI I:A3N6 PM Page 134 of 179 26