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HomeMy WebLinkAbout2022_11_16 Town Board Minutes Town of Mamaroneck Town Board Minutes Wednesday, November 16, 2022, Courtroom, Second Floor of Town Center 5:00 PM PRESENT: Jaine Elkind Eney, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman Robin Nichinsky, Councilwoman ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney Lindsey M. Luft, Assistant to Town Administrator Tracy Yogman, Town Comptroller 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER WORK SESSION ITEMS 1. Discussion - Proposed Town Board Meeting Dates and Locations for 2023. The Town Supervisor proposed the following meeting dates for discussion and requested no further action tonight by the Town Board: January 11th – Organizational Meeting - Court Room January 18th - D and C February 1st – C and Court Room February 15th – D and C March 1st - C and Court Room March 15th - C and Court Room April **5th - C and Court Room (The Town Board noted this should be changed as it is the first night of Passover.) April 19th - C and Court Room May 3rd - C and Court Room May 17th - C and Court Room June 7th - C and Court Room June 21st - C and Court Room July – TBD August – TBD September 6th – D and C September 20th - C and Court Room October 4th - C and Court Room October 18th - C and Court Room Town Board November 16, 2022 November 1st - C and Court Room November 15th - C and Court Room December 6th - C and Court Room December 20th - C and Court Room 2. Discussion - 2023 Preliminary Budget The Town Administrator introduced the Preliminary Town Budget for 2023, and the Town Comptroller reviewed the changes made, including appropriating more fund balance, increasing sales tax revenues by $50,000, and increasing building permit revenues also by $50,000. The Town Board discussed the changes, including the tax rate decreasing in the unincorporated area to 4.54% in the Preliminary Budget (from 5.59% in the Tentative Budget) and the tax levy increase moving to 2.99% in the Preliminary Budget (down 0.72% from 3.71% in the Tentative Budget). 3. Discussion - Proposed Sewer Rent Rate for 2023 The Town Comptroller presented highlights of the proposed sewer rent rate for 2023, noting the average annual rate will be $251, a $63 increase year on year. The Comptroller explained that sewer rent revenue has been short for several years, because water usage has been lower, so they have included a buffer of $100,000 in the 2023 proposed budget. The Comptroller also pointed out that utilities, and other salaries and benefits, have increased as well. 4. Discussion - 2022 Capital Budget Amendments The Town Comptroller presented the following 2022 capital budget amendments: 1.Memorial Park Playground Improvements (Project 2020.31) A price quote for the Memorial Park Playground improvements was received from American Recreational Products and is higher than the project budget. Additional funding of $11,830 is needed to complete the project. The Senior Center Parking Lot project has remaining funds available that can be transferred to the park budgets. A budget amendment to transfer funds from the Senior Center Parking Lot project is recommended. 2. Richbell Playground Improvements (Project 2021.88) A price quote for the Richbell Park Playground improvements was received from American Recreational Products and is higher than the project budget. Additional funding of $23,750 is needed to complete the project. The Senior Center Parking Lot project has remaining funds available that can be transferred to the park budgets. A budget amendment to transfer funds from the Senior Center Parking Lot project is recommended. 3. Police Equipment (B.3120.2123) A donation has been accepted by the Town Board from Ray Catena Lexus. The funds were provided by the donor for the purchase of police equipment that is not budgeted. A budget amendment is recommended to increase donation revenue and fund the police equipment budget line for the purchase. The Board agreed to approve the above capital budget amendments in the meeting later tonight. 5. Discussion - Elimination of Two Parking Spaces on a Section of Forest Avenue Law Attorney Maker proposed a local law that, if approved, would eliminate two parking spaces on Forest Avenue at its intersection with Rockingstone Avenue. The Town Board deemed the proposed law ready for public discussion and agreed to set a public hearing at the meeting later in the evening. 6. Discussion - Flood Damage Prevention Law The Town Attorney explained that on October 3, 2022, the Town Board passed Local Law No. 4 of 2022 by which it amended its Flood Prevention Law to conform to a Town Board November 16, 2022 model law promulgated by the State of New York. Upon review of Local Law No. 4, the State realized that it should have asked the Town to enact a different version of its Model Flood Prevention Law. This updated local law replaces Local Law No. 4 of 2022. The Building Inspector has reviewed the updated version of the State’s model law and finds it acceptable. The Town Board agreed to set a public hearing for the revised local law later in the evening. 7. Discussion - Designation of Delegate and Alternate to Association of Towns Annual Business Meeting The Town Supervisor explained the request to designate a delegate and alternate to the Association of Towns Annual meeting in February 2023. The Board agreed to remove this item from the agenda, as no one on the Board plans to attend the annual meeting on the day of the vote. 8. Discussion - Building Resilient Infrastructure and Communities Grant Program The Town Supervisor introduced the planning grant. The Town Board agreed to support the grant application and the promise it holds for developing a holistic plan for flood mitigation throughout the Town. 9. Discussion - Reject Bid Proposals Received TA-22-11 – Myrtle Blvd Stone Archways Rehabilitation The Town Board discussed at their meeting on November 2nd, the concern that the color of the new cement materials included in the current bid proposals for TA-22-11 will not match existing materials. Town Engineer Wasp's recommendation is to reject the current bids and re-bid the work to include materials that will match. The Town Board agreed to reject all bids received for TA-22-11 and re-bid of the project to include custom ordered materials to match the existing archway materials. 10. Updates The Town Supervisor presented a brief update on the Comprehensive Plan framework and REALM. Request for Executive Session 1. Entering Executive Session Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the Town Board entered into Executive Session to discuss the employment history of a particular individual. Moved by Councilman King, seconded by Councilwoman Nichinsky, the Board unanimously agreed to resume the Regular Meeting. 8:00 PM Town Board Regular Meeting The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org Call to Order The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8 PM. 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 November 16, 2022, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session here at the Town Center in Conference Room D starting at 5:00pm, which is open to the Public. Town Board November 16, 2022 Budget: The Town Board continues to work on the budget. We will have a presentation on the Preliminary Budget tonight, as well as a presentation on the Preliminary Budget for Fire District No. 1. We are also working on the budget for the Larchmont-Mamaroneck Joint Sanitation Commission. Elections: I want to congratulate the newly elected/re-elected officials from our sister communities. In the VOM, I want to congratulate Lou Young on his re-election as Trustee and Leilani Yizar-Reid and Manny Rawlings on being elected Trustee. In the VOL, I want to congratulate newly elected Mayor, Sara Bauer and newly elected Trustee, Charles Manice. We look forward to working with all of you and wish you much luck going forward. I also want to congratulate Senator Charles Schumer, Congressman Jamaal Bowman, State Senator Shelley Mayer and State Assemblyman Steve Otis on their re-election. We feel extremely fortunate to have such outstanding representation on the Federal and State levels. Comprehensive Plan Update: As many residents know, the Town of Mamaroneck is updating its Comprehensive Plan. The Comprehensive Plan describes a vision for the long- term future of our Town and helps guide future decision making. Over the last several months, the Town, together with input from residents, through public workshops and events, helped identify community needs and actions for the future of the Town of Mamaroneck. Come join the Comprehensive Plan Committee in an interactive workshop that showcases the proposed goals, policies, and actions of the Comprehensive Plan. Five stations, each representing a theme of the Comprehensive Plan, will be open for comments and input. The Town will host two sessions, on Wednesday, November 30th and asks for your attendance at one of these places/times. • 12:30 – 2:00 pm Weaver Street Firehouse • 7:00 – 8:30 pm Town Center Court Room This is an important moment for our community, and we encourage you to be part of it. Staff from Pace University's Land Use Law Center will be on hand to facilitate the dialogue. EVENTS: Veteran’s Day: Meredith and I attended a Veteran’s Day commemoration at MHS and then Sabrina and I attended Veteran’s Day commemorations in the VOM and the VOL. I think it is so important to take the time to honor the men and women of the military, past and present, who made an immense sacrifice, and who put their lives on the line to defend and protect our nation. And they continue to serve and participate, here in this community to this day. WMOA: Robin, Sabrina and I attended a Westchester Municipal Officials Association Dinner in Pleasantville on November 11. The Speaker was Congressman Jamaal Bowman. Even though he has been our congressman for the past two years, as a result of the recent decennial redistricting, he is new to many of the municipalities in his district. As a result, many of his remarks were introductory, but it was good to learn about our congressman’s background. And we thank him for his representation. MHS Sports: Two of our Varsity Sports’ Teams’ Seasons came to an end this past weekend after an incredible season. Volleyball: The girls volleyball team achieved the level of Class AA sectional champions and lost in the regional finals (the game before state final four) to Corning Painted Post 3-1. This was the most successful volleyball team in school history. In the regular season they were 19-1 and finished the year 22-2. I want to congratulate Head Coach Stacey Riter, Assistant coaches: Leslie Morales (MHS Alum), Kirsten Yizar, and Anthony Perone (MHS Alum) and all of the players and their families on a fabulous season. Football: The Boys Varsity Football Team lost in the Section 1 Class AA finals to Carmel (defending state champions with 25 consecutive wins) with a score of 31-28. They were winning until the last minute of the game when Carmel scored a heartbreaking touchdown. They, too, made MHS history. They were undefeated in the regular season at 7-0 (first time since 1978) and then they won the Sectional Quarter and Sectional Semi-finals—the most successful season in MHS history. I want to Congratulate Head Coach Anthony Vitti, Assistant Coaches: David Smith (MHS Alum), Peter O’Byrne (MHS Alum), Kevin Martins, Steve Boyer, Nick Zawerucha, James Berg, and Francesco Scioscia and all of the players and their families on a fabulous season! Wait ‘til next year…… Town Board November 16, 2022 And, this weekend, MHS student athlete Eli Sundin is competing in the NYSPHSAA State Championships in diving in Rochester. We wish her luck. Thanksgiving: I want to wish everyone a Happy Thanksgiving filled with family, friends and too much food! Resident Comments Supervisor Elkind Eney noted that there were no residents in the audience, and since there were also no Staff Presentations, proceeded to Board of Fire Commissioners. Board of Fire Commissioners 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Fiddelman and 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 2. Fire Claims Commissioner King presented the list of Fire Claims, highlighting the largest cost items. See Attachment A. Moved by Commissioner King, seconded by Commissioner Fiddelman, it was RESOLVED that the Board of Fire Commissioners hereby approves the attached list of fire claims. Carried 3. Acceptance of Donation to the Town of Mamaroneck Fire Department Moved by Commissioner Katz, seconded by Commissioner King, it was RESOLVED that the Town of Mamaroneck Board of Fire Commissioners hereby accepts the donation of $12,500.00 from Ray Catena Lexus for the Town of Mamaroneck Fire Department to be used for the purchase of Fire Department equipment not already included in the budget. Carried 4. Set Public Hearing - Fire District No. 1 Preliminary Budget 2023 Moved by Commissioner Nichinsky, seconded by Commissioner Katz, it was 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 2023 for December 7, 2022. Carried 5. Other Fire Department Business Commissioner Elkind Eney read the Fire Report for the Month of October. See Attachment B. Town Board November 16, 2022 There being no further business to come before the Fire Commission on motion of Commissioner King, Seconded by Commissioner Fiddelman, the Commission unanimously adjourned and the Town Board reconvened. Affairs of the Town of Mamaroneck 1. Presentation and Set Public Hearing - 2023 Preliminary Town Budget Town Administrator Robson introduced the Preliminary Budget, highlighting the tax levy savings that have been included since the Tentative Budget. Town Comptroller Yogman presented the Preliminary Budget (see Attachment C), noting that it would soon be available on the Town website. The Board thanked the Town Comptroller for her outstanding work preparing the 2023 Preliminary Town Budget. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED that the Town Board does hereby set the date for a Public Hearing on the Town of Mamaroneck 2023 Preliminary Budget for December 7, 2022. Carried 2. Presentation and Set Public Hearing - Proposed Sewer Rent Rate for 2023 Town Administrator Robson explained that Sewer Rent is a fee charged to those property owners utilizing the Town’s Sanitary Sewer System, noting that property owners are billed for only 90% of the water actually consumed to account for water that does not enter the sewer system (for example, irrigation). Town Comptroller Yogman then presented highlights of the proposed sewer rent rate for 2023, noting how the rate is calculated as well as the increase of $.0002 per gallon over 2022. See presentation, Attachment D. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED that the Town Board does hereby set a public hearing for the proposed sewer rent rate for 2023 at the Town Board meeting on Wednesday, December 7th. Carried 3. Authorization - 2022 Capital Budget Amendments Town Comptroller Yogman normally does quarterly Capital Budget Amendments, but two new items necessitated additional amendments. See Attachment E. Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board hereby authorizes the Town Comptroller to make necessary budget amendments, as presented. Carried Noting that the Town Board wanted to accept the donation of $12,500 from Ray Catena Lexus to the Town of Mamaroneck Fire Department, the Town Board decided to move into Board of Fire Commissioners for a second time. Reconvening as Board of Fire Commissioners Call to Order 1. Town Board November 16, 2022 Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Katz and seconded by Commissioner Fiddelman the Board of Fire Commissioners was unanimously declared re-opened. 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 2. Authorization - 2022 Capital Budget Amendment The Town Comptroller explained that as the donation of $12,500 had been accepted by the Board of Fire Commissioners from Ray Catena Lexus, the following Budget Amendment is necessary to allow the spending of the donation: FIRE DEPT (Fund SF) Revenue Donations SF.0000.2705 Increase 12,500.00 Expense Fire Equipment SF.3410.2135 Increase 12,500.00 Moved by Commissioner Nichinsky, seconded by Commissioner Katz, it was RESOLVED that the Town Board hereby authorizes the Town Comptroller to make necessary budget amendments, as presented. Carried 3. Other Fire Department Business There being no further business to come before the Fire Commission on motion of Commissioner Fiddelman, Seconded by Commissioner Katz, the Commission unanimously adjourned, and the Town Board reconvened once again. Affairs of the Town (Continued) Set a Public Hearing - Elimination of Two Parking Spaces on a Section of Forest 4. Avenue Law The Town Attorney explained this local law that, if approved, would eliminate two parking spaces on Forest Avenue at its intersection with Rockingstone Avenue. The change was recommended by the Traffic Committee to increase visibility and safety at the intersection. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby sets a Public Hearing for "Elimination of Two Parking Spaces on a Section of Forest Avenue Law" for the Town Board Meeting on December 7, 2022. Carried 5. Set Public Hearing - Flood Damage Prevention Law The Town Attorney explained that the Town approved a new Flood Damage Prevention Law on October 3rd. When the new law was sent to the State, the State realized it should have asked the Town to enact a different version of its model Flood Damage Prevention Law. The attached local law replaces Local Law No. 4 of 2022. Town Board November 16, 2022 Moved by Councilwoman Katz, seconded by Councilman King, it was RESOLVED that the Town Board hereby set a public hearing for "Flood Damage Prevention Law" for the Town Board Meeting on December 7, 2022. Carried 6. Authorization - Building Resilient Infrastructure and Communities Grant Program Town Supervisor Elkind Eney explained that this planning grant will enable the Town to review drainage in and around fifteen intersections in Town. Supervisor Elkind Eney added that we have had more intense rain events recently and this grant will give us a holistic look at how to improve drainage and reduce flooding throughout the Town. Moved by Councilman King, seconded by Councilwoman Nichinsky, it was RESOLVED that the Town Board fully supports the grant application for "Building Resilient Infrastructure and Communities Grant Program" and the promise it holds for developing a plan for flood mitigation throughout the Town and authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried 7. Authorization - Reject Bid Proposals Received TA-22-11 – Myrtle Blvd Stone Archways Rehabilitation The Town Supervisor explained the concern that the color of the new cement materials included in the current bid proposals for TA-22-11 will not match existing materials. The Town Board agreed to reject all bids received for TA-22-11 - Myrtle Blvd Stone Archways Rehabilitation in order to re-bid the project to include custom ordered materials to match the existing archway materials. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby rejects all bids for TA-22-11 - Myrtle Blvd Stone Archways Rehabilitation and authorizes the re-bid of the project to include custom ordered materials to match existing archway materials. Carried Set Public Hearing - Amendment to the Appellate Procedure of Chapter 99 of 8. the Code of the Town of Mamaroneck Law Town Attorney Maker explained that at a previous Town Board meeting, the Town Board amended its law regarding commercial filming. Afterwards, the Board discussed creating greater flexibility for composing the Committee of Appeals, to better accommodate homeowners wanting to expedite their appeal to a filming decision. In order to achieve that flexibility, the Town Attorney has amended the proposed appellate procedure of Chapter 99 of the Code of the Town of Mamaroneck Law to allow the Town Supervisor to designate a Town Board member to sit on the Committee on a case-by-case basis. Moved by Councilman King, seconded by Councilwoman Nichinsky, it was Town Board November 16, 2022 RESOLVED that the Town Board hereby sets a public hearing for an "Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law" for the Town Board Meeting on December 7, 2022. Carried 9. Salary Authorization - Administrative Aide Moved by Councilman King, seconded by Councilwoman Nichinsky, it was RESOLVED that the Town Board approve the provisional appointment of Marc Romero as Administrative Aide at an annual salary of $62,000, effective November 21, 2022. Carried 10. Authorization - Updated December Meeting Date The Town Supervisor explained that State law requires that the annual budget be adopted no later than December 20th, which requires the second December Town Board meeting date be moved from December 21 forward to December 19th. Moved by Councilwoman Katz, seconded by Councilman King, it was RESOLVED that the Town Board hereby moves the second December Town Board meeting date to Monday, December 19, 2022. Carried Reports of Minutes 1. Minutes of the November 2, 2022, Town Board Meeting Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board hereby approved the minutes of the Town Board Meeting of November 2, 2022. Carried Reports of the Council The Town Councilmembers thanked our Veteran's for their service and wished everyone a happy Thanksgiving. Councilwoman Nichinsky  On Monday attended the Housing Authority meeting, where many renovations are under review.  Attended a Budget meeting on Tuesday the 8th, so unfortunately missed the Sustainability Collaborative Committee meeting that same night.  On the 9th attended the Planning Board meeting, where they were busy reviewing several applications, as well as having a lengthy discussion regarding the new wireless communications law which has returned to the Town Board for further review.  On Friday the 10th, attended a meeting of the Westchester Municipal Officers Association (WMOA) with Councilwoman Fiddelman and Supervisor Elkind Eney, to hear Jamal Bowman speak and meet with other municipal officers and colleagues. Councilwoman Fiddelman  On the 8th, attended via zoom a Local Summit meeting on Community Responses to Student Mental Health. The next meeting will be held on December 6, at 8am via zoom, and will feature a conversation with Westchester County Executive George Latimer. Please visit www.localsummitlm.org for more information or visit LMC Media to view the meetings. Town Board November 16, 2022  On the 15th, attended the Mamaroneck Historical Society's Annual Meeting where they installed a new Board of Officers. Thank you to Peter Fellows for stepping up as President and John Pritts and Gail Boyle for their years of service.  Mentioned she was missing the Zoning Board and Library meetings for tonight's Board meeting. Councilwoman Katz  As she was out of Town last week, was sorry to have missed the local Veteran's Day events.  Thanked the poll workers for helping us have a free and fair election.  Thanked the Highway Department for their outstanding leaf pick up this year and reminded everyone to please not put pumpkins or sticks in the leaf piles.  Congratulated the Mamaroneck High School Women's Volleyball Team on their successful 2022 season and winning Sectionals. Councilman King  Had several announcements for the Recreation Department, please see Town website for further details: o 12/9 - the Senior Center will host their annual Holiday Party. o 12/27 - the Senior Center will host their New Year's Party. o Hommocks Park Ice Rink is adding additional Public Skate times during the Thanksgiving holidays. o In December look for the Come Skate with Santa event and bring a Toy for a Tot. o Hommocks Pool/Town Recreation will host lifeguarding classes in December, which offers an exciting year-round job opportunity. o House League Ice Hockey spots are still available for anyone at any age, wishing to learn ice hockey.  Congratulated the Mamaroneck High School Women's Volleyball Team on their success this season and gave a shout out to the Mamaroneck High School Football Team. Councilman King knew members of the 1978 'Dream Team' -- who also made it to the sectional playoffs—including his brother, that were rooting for this year's football team. Adjournment The Town Supervisor closed the meeting in memory of Brian Payne, a Town of Mamaroneck Volunteer Firefighter who we lost this week, way too soon. Supervisor Elkind Eney introduced Town of Mamaroneck Fire Department Chief Shaun Hughes and Brian’s brother Rich Payne (a member of the White Plains Common Council) to offer some remarks about Brian. On motion of Councilwoman Katz, seconded by Councilman King, the meeting was unanimously adjourned at 9 PM. Carried Next Regularly Scheduled Meeting - December 7, 2022 ________________________________ Submitted by Allison May, Town Clerk Town Board November 16, 2022 Attachment A Town Board November 16, 2022 Attachment B Town Board November 16, 2022 Attachment B (Con’t) Town Board November 16, 2022 Attachment C Town Board November 16, 2022 Attachment C (Con’t) Town Board November 16, 2022 Attachment D Town Board November 16, 2022 Attachment D (Con’t) Town Board November 16, 2022 Attachment D (Con’t) Town Board November 16, 2022 Attachment D (Con’t) Town Board November 16, 2022 Attachment E