HomeMy WebLinkAbout2023_10_04 Town Board Minutes o
_ ��9_1_ Town of Mamaroneck
// Town Board Minutes
m Wednesday, October 4, 2023, Courtroom, Second Floor of
n Town Center 5:00 PM
FOUNDED 1661
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
Tracy Yogman, Town Comptroller
Attila Papp, Technical Support Specialist
5:00 PM THE TOWN BOARD WORK SESSION
CALL TO ORDER
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the meeting
opened at 4:59 pm.
WORK SESSION ITEMS
1. OUT OF ORDER- Discussion -- Proposed 2023 Water Rate Increase
Mr. David Birdsall, Business Director of Westchester Joint Water Works (WJWW),
proposed a water rate increase to the Town of Mamaroneck Board. The Town Board
asked Mr. Birdsall to provide the rate WJWW is charging both nonmember and
member communities, as well as the rate of increase that WJWW is charging the
Town of Mamaroneck, inclusive of our debt service and operational expenses. Mr.
Birdsall responded that would be approximately a twelve percent increase. Supervisor
Elkind Eney asked what the increase would be if the Town of Mamaroneck were just
to cover the costs and not include any surplus. Mr. Birdsall estimated that including
costs, but no surplus would equate to a ten to twelve percent increase. Comptroller
Yogman agreed to compute the exact number of that increase for the Town Board to
review at a subsequent meeting.
The Board requested that Mr. Birdsall clarify the cost that WJWW charges outside
districts and wholesalers as well. Mr. Birdsall stated that the wholesale rate is a
combination of operating cost and debt service. As wholesalers have no meter
reading, the metering fees and several other line items are taken out, but everything
else is included in the wholesale rate. Wholesale rates will probably increase ten to
twelve percent, Mr. Birdsall said. Mr. Birdsall then added that there is a lag in the
increase to wholesalers because of debt service. Therefore, it takes a bit more time
before an increase is fully reflected in the rates that wholesalers pay. Mr. Birdsall
confirmed that wholesalers share in litigation costs, as part of the project.
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October 4, 2023
Note: Councilman Jeffery King joined the Work Session at 5:10 pm.
Mr. Birdsall went on to explain that the rate to WJWW's retail properties, which
include seventy or so properties in New Rochelle and Rye, are based on the same
rate as that of their adjacent municipality.
Councilman King voiced his concern about forecasted project costs from WJWW. It
seems that estimates are not very sound and suggested that the procurement of
equipment pricing could possibly be locked in ahead of time. Mr. Birdsall responded
that WJWW's projects are bid out. Mr. Birdsall added that the supply of certain
chemicals is an issue, for example fluoride is hard to get and the source and quality is
important so they cannot just purchase fluoride based on price. Lastly, Mr. Birdsall
pointed out that WJWW's equipment is purchased off of New York State contracts.
See Attachment A.
2. Discussion - Authorization of Consultant Selection Town Comprehensive
Drainage Evaluation
Town Supervisor Elkind Eney announced that the Town can award the bid tonight.
The Town has been waiting for grant money to be approved by the County and that
grant funding has now been approved. The funds will be distributed over two years,
with the Town receiving $150,000 each year. The contract will be signed by County
Executive Latimer very soon, so the Board can go ahead and authorize the consultant
selection this evening.
See Attachment B.
3. Discussion - Q3 2023 Operating Budget Amendments
Town Comptroller Tracy Yogman reported that the Munis Finance system is up and
running. Munis is working well. The Town Board congratulated her.
4. Discussion - Q3 2023 Capital Budget Amendments
The Town Board briefly noted the Capital Budget Amendments.
5. Request for Executive Session
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the
Town Board agreed to enter into Executive Session to discuss the collective
bargaining negotiations involving a union.
Carried
Moved by Councilwoman Fiddelman, seconded by Councilman King, the Town
Board unanimously agreed to resume the Work Session.
Carried
6. Updates
The Town Board discussed the upcoming Public Hearing for the Tree Law.
Councilwoman Nichinsky noted that she would request that the Planning Board
review the proposed Tree Code at their meeting later this week.
Councilwoman Fiddelman raised the question of the Hommocks field closures on
Wednesdays and requested the data from the Recreation Department. Supervisor
Elkind Eney noted that the Hommocks Fields are different from other fields because
they are sand based, but confirmed she would request the information from
Recreation.
Town Board
October 4, 2023
Councilwoman Katz asked about the possibility of stanchions being installed in the
southbound lanes at the intersection of Myrtle Boulevard and North Chatsworth
Avenue, to ensure that the traffic in the right lane makes a right onto North
Chatsworth Avenue. Councilwoman Katz asked about installing more signage on
southbound Myrtle to ensure that drivers in the left lane know they can only go left
(onto Vine Street or North Chatsworth) and not continue straight on Myrtle.
Councilman King requested that the Town Board address recreation scholarships at
Hommocks Rink and Pool. Last time Councilman King brought up the possibility of
recreation scholarships, the Town was going to look into the legality of offering the
proposed scholarships. Councilman King pointed out that two years have passed
since he first raised the issue, so he respectfully requested that it be addressed in
time for this year's Fall/Winter Recreation period.
7. Changes to Regular Meeting Agenda
The Town Board added a Certiorari to the Affairs of the Town #4 and removed the
WJWW Presentation from the agenda of 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 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
8:03 p.m. The Town Board met for a Work Session beginning at five o'clock this evening.
Supervisor Elkind Eney added that the meeting would be proceeding out of order, as
Catherine Parker, our County Legislator, was in attendance for a brief presentation.
SPECIAL PRESENTATION - Catherine Parker, Westchester County Legislator
Town Supervisor Elkind Eney stated that with us tonight is County Legislator Catherine
Parker. Last year, she said, after one of the many storms, I was sitting with the Town
Administrator and the Town Engineer discussing how to decrease the effects of flooding in
the Town and I asked them to dream big. I asked them, what do you think we need to do to
alleviate the situation? He said he would like to do a comprehensive study of our storm water
sewer system. He said he was concerned that if we do it piecemeal, and we remedy one
area, that we might cause unintended consequences to another.
The comprehensive evaluation would provide the Town with updated record maps for our
storm sewer network, identify current defects, and provide recommendations for construction
projects that will reduce the occurrence and severity of flooding. But, Engineer Wasp said,
such a study would cost over $300,000, and no one has ever given us money to study a
problem. They only give us money to solve a problem when the study is complete, and we
have a shovel ready project.
So, right there in my office, I called Catherine Parker and she said, why not! Here we are
today because on Monday night the County Board of Legislature approved the $300,000 in
funding and we plan to award the bid tonight for the study. This is a huge first step in
alleviating the repeat occurrence of flooding events in our Town! We really owe it all to
Catherine. I called her and she took care of the rest. She dreamed big with us, so I thought
she should attend tonight to take her victory lap.
Town Board
October 4, 2023
The Honorable Catherine Parker, County Legislator, and strong supporter of the
comprehensive study of the Town's storm water system, praised the Town for its ability to
pivot so quickly and to see that with climate change, certain areas of the Town were
experiencing flooding like never before. Legislator Parker announced that the grant funding
for the comprehensive study of the Town's storm water system was approved by the County
Legislature on Monday night. Legislator Parker highlighted that this grant will be an important
step to help solve many of the flooding problems in the Town.
Legislator Parker commended Supervisor Elkind Eney and Town Administrator Robson, for
having the forethought to call on the funding. Legislator Parker pointed out that there was a
lot to the application for funding and a lot of paperwork developed. The grant application was
a lengthy process, which culminated in the vote on Monday night. Legislator Parker pointed
out the grant was timely. As evidenced by last Friday's storm unnamed storm, she pointed
out how climate change is increasing the frequency and severity of these storms.
Ms. Parker applauded County Executive George Latimer for his support and foresight as
well. With his administration, Ms. Parker stated, the County Legislature passed bond acts for
over six million dollars for flood mitigation. Legislator Parker gave a shout out to Emily
Saltzman who lives here in the Town and works for County Executive Latimer. Ms. Saltzman
was instrumental in helping move this grant along and both she and County Executive
Latimer both deserve to be here at the podium.
Legislator Parker is hopeful there will be a part two, as she and County Executive Latimer
recently visited the area at Murray Avenue near Colonial. The County is hoping to use the
Town data and incorporate it into the work the County is doing on Westchester County-
owned roads in the Town. As a Regional Government, Ms. Parker noted that the
Westchester County Legislature is perfectly poised to work with the Town all the other local
communities to tackle this challenge facing all of us on the Sound Shore.
SUPERVISOR'S REPORT
Tonight, the Town Supervisor stated we have a public hearing on the proposed amendment
to the Town of Mamaroneck Tree Law. The current tree law applies only to lots of greater
than 20,000 square feet, which is about twenty percent of the lots in our Town. It does not
provide any limit whatsoever on the number of trees taken down. There is no regulation for
lots under 20,000 square feet. Also, for properties over 20,000 feet, the current law does not
provide any limit to the number of trees allowed to be taken down, nor does it require any
trees being taken down to be replaced.
The proposed law, when fully phased in, would apply to all lots in the Town. Further, it
provides limits on the number of trees that can be taken down in a 2-year period, with the
permit lasting for a year followed by a one-year hiatus. With this new law, the number of
trees allowed to be removed depends upon the size of the lot and requires replanting of
trees depending upon the size of the tree taken down, neither of which is addressed by the
current law.
Supervisor Elkind Eney requested that Attorney Bill Maker describe the proposed law more
fully, but asked first if the Town Board could open the Public Hearing.
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October 4, 2023
PUBLIC HEARING
The following Notice of Public Hearing is entered into the record as follows:
1. Notice of Public Hearing - Town of Mamaroneck Tree Law
The following notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of
the State of New York, a Public Hearing will be held on Wednesday, October 4, 2023,
at 8:00 PM or as soon thereafter as is possible, to consider the "Town of Mamaroneck
Tree Law", at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York.
Purpose:
The Town Board finds and declares that the preservation of trees, as defined herein,
within the Town is necessary to protect the health, safety and general welfare of the
Town because trees provide shade, impede soil erosion, aid water absorption and
retention, inhibit excess runoff and flooding, enhance air quality, offer a natural barrier
to noise, provide a natural habitat for wildlife, provide screening, enhance property
values and add to the aesthetic quality of the community. However, the Town Board
also recognizes that property owners have the right to develop, use and enjoy their
properties and that sometimes trees must be removed in order for property owners to
be able to achieve full enjoyment of their property. This law strikes a balance between
the rights of property owners and the maintenance of trees within the Town.
You may also view the meeting on local municipal access television (Cablevision 75,
76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org/.
The full text of this document can be viewed on the Town's website,
https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's
Office at 914-381-7870, for a mailed copy.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Published: September 27, 2023
Moved by Councilwoman Fiddelman, seconded by Councilman King, the Public
Hearing was unanimously opened.
Carried
Town Attorney William Maker then described via Zoom the proposed Tree Law.
Attorney Maker highlighted two major differences between the old law and the
proposed new law:
1. The new Tree Law will eventually apply to every lot in the Town of
Mamaroneck.
2. The new Tree Law requires that when trees are taken down, they must be
replaced.
Attorney Maker then explained that with the proposed new Tree Law, when someone
wants to remove a regulated tree of 6 inches or more in diameter at breast height,
they would be required to get a permit. If the homeowner wanted to remove nine or
fewer trees, then the Environmental Planner would handle the application. If the
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October 4, 2023
homeowner wants to remove ten or more trees, then the homeowner would be
required to go before the Planning Board. The homeowner who makes the application
must provide all of the requested information and must prepare a tree replacement
plan showing what will be taken down and what will be replaced. The Environmental
Planner can suggest location changes and replacement trees. A tree up to twelve
inches in diameter requires a one-to-one replacement. A tree between twelve and
eighteen inches in diameter requires a two for one replacement, and if larger than
eighteen inches in diameter, a three for one replacement is required.
A permit is issued, and the trees are removed pursuant to that tree permit. The
Environmental Planner then inspects the property when the work is complete, issuing
a temporary certificate of completion. The replacement trees are planted, and the
Environmental Planner returns a year or so later to confirm that the replacement trees
are established. If the trees are doing well, then the Environmental Planner closes out
the permit providing a letter of completion. If the trees are not doing well, then the
Environmental Planner can ensure that new trees are planted as replacements, and
they will review the trees again at a later time.
Homeowners that cannot reasonably (or do not want to) replace their removed trees,
will need to pay $300 per tree for each tree that is not replanted on their own property.
That money will fund the planting of trees elsewhere throughout the Town. Either way
the property owner will have to replace trees, either on their own property or
elsewhere in Town.
Attorney Maker noted there is a one-year hiatus between allowable cuttings. He
added that hopefully this will make people more reasonable. In addition, the number
of trees allowed to be removed depends on one's lot size with the proposed new Tree
Law. If your lot is 20,000 square feet or more, no more than 10 regulated trees can be
removed. If your lot is larger than 7,500 but less than 20,000 square feet, no more
than eight regulated trees may be removed. Lastly, if your lot is less than 7,500
square feet, no more than four regulated trees may be removed in any twelve-month
period. Stop work orders will be issued for violations of the proposed new Tree Law.
The new law is designed to increase the number of trees in the Town of Mamaroneck
and increase the number of replacement trees. Supervisor Elkind Eney added that a
tree permit will run with the land, so if someone buys a house, the new owner must
abide by the previous owner's tree plan/permit.
Supervisor Elkind Eney thanked Attorney Maker for his yeoman service and asked if
anyone on the Town Board had a comment. Councilwoman Katz stated that she was
happy to see so many people in attendance. She noted that the Town Board had to
weigh the rights of all property owners. She stated that she had a feeling that there
are many people out there that feel `it's my property and I can do what I want'. They
may not be here, but the Town Board had to balance the rights of all property owners
while also striving to preserve the tree canopy. Now you have to plant a new tree if
you take one down, so there will be another expense for homeowners.
Councilman King noted that when the Town proposes a law like this Tree Law, it is
incumbent upon the Town Board to look at the full equation. He compared it to the
Rock Removal Law. This required the Town Board to consider the entire
environmental umbrella. Councilman King asked, what is the impact for the
homeowner and the surrounding area? How to preserve the totality of the tree canopy
and reduce diminishing the tree canopy? Councilman King thanked the Sustainability
Collaborative for pointing out these needs.
A few years back, Councilman King experienced an absentee neighbor that
completed a total deforestation of their property. These were mature trees, and the
neighbor did not replace one tree. At that time, Councilman King called the Building
Inspector and Town Engineer, but because the neighbor's property was just under a
third of an acre, there was no recourse. Councilman King pointed out that the Town is
looking at sewers, storm drains, food waste collection, and all are related. It is, he
said, the Town Board's responsibility to make the connections. Councilman King
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October 4, 2023
acknowledged that we have lost trees to development and climate change. This
amended Tree Law upholds the right to cut down a tree, but now gives the Town the
mechanism to maintain the tree canopy, which is one of the reasons we all live here in
Westchester County.
Councilwoman Fiddelman deferred her comments until after the Board had heard
from the residents in attendance. Councilwoman Nichinsky deferred her comments as
well, thanked everyone for coming and is interested in hearing everyone's comments.
Councilwoman Nichinsky shared that this proposed new Tree Law took a long time
and took a lot of debate to get to this point. Councilwoman Nichinsky stated that she
was looking forward to hearing from everyone in attendance.
Supervisor Elkind Eney said that she wanted to sum up that the proposed new Tree
Law is about balancing the need of individual homeowners that purchase their house
and want to do with it what they please, with the beauty of trees in the community.
Supervisor Elkind Eney noted that the law as it stands provides for a balance the
Town Board feels good about. Supervisor Elkind Eney then opened the floor to public
comment, urging those in attendance to please sign in with Mark Romero and limit
their comments to three minutes. The Supervisor asked that speakers wait to be
called on. The Supervisor noted that the Town Board had worked on this law for a
long time, and that they recognize the importance of trees in the Community.
Therefore, she requested that residents please try to focus their comments on
specifics about the proposed law that they may agree or disagree with, rather than
general comments about the importance of trees in the Community. Additionally, the
Town Supervisor said, if you agree with previous speakers, you may indicate as such,
and your comments will be noted. You do not have to feel compelled to repeat the
prior comments in their entirety. Finally, Supervisor Elkind Eney, said that the Town
Board intended to keep the public hearing open until October 18, 2023, so they could
evaluate the questions and concerns raised at tonight's hearing.
Catherine Wachs, a landscape designer, and Town resident stated that no one is
watching how many trees are being removed. Enforcement is important. She sees
this first-hand in the field, where she visits people that have clear cut all their trees
and put up a cherry tree. Ms. Wachs agreed that legacy-limited permitting is important
as well but stressed that cutting down a 100-year-old tree is not same, as planting one
or two small new trees. A 100-year-old tree processes exponentially more carbon
dioxide and water. The transpiration rate of a 100-year-old tree is about 11 ,000
gallons of water per year, while a 10-year-old tree may transpire only about 500
gallons per year. Old growth trees are very important to protect against flooding. Ms.
Wachs suggested that the Town Tree Law needs to preserve as many old-growth
trees as possible. In addition, Ms. Wachs suggested that the Town specify hardwood
trees, trees that grow large, and trees that support the local wildlife, as replacement
trees. Cherry and pears trees are small, short lived, break easily and have no wildlife
value so are not adequate replacement trees. Ms. Wachs would like the law to specify
the allowable varieties for replacement trees. Lastly, she said that she has never
heard of anyone ever being denied a permit to cut down a tree in the Town.
Luke Brussell, Town resident for twenty years, lawyer, law professor, and serves as
an administrative law judge for Westchester County Human Rights Commission,
thanked the Board for revising the code. Mr. Brussell had raised the issue a number
of years ago that the current Town Tree law applied to almost no residences. He
suggested that there are some considerable flaws in the current draft, such that it is in
violation of the New York State Constitution's Environmental Rights Amendment.
Passed in 2021, seventy percent of New York State voters approved making a
healthful environment a fundamental right. The current draft, Mr. Brussel suggested,
does not consider the possible harm to the environment in the permitting process.
Town of Mamaroneck residents can be deprived of their rights and permitting may
violate the Environmental Rights provision. In addition, he added, not even
considering environmental impact in the permitting process deprives Town residents
of the right to due process, which is a fundamental constitutional right. Mr. Brussell
suggested that we go back to the drawing board and make it a collaborative process
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October 4, 2023
to develop a revision with residents. Mr. Brussell suggested the collaborative process
to try to avoid litigation over the Tree code. Mr. Brussell stressed this is not just a
technical issue, but it is a necessity to help address both biodiversity and the climate
crisis. Lastly, he noted that there is much more detail in the written submission he
made to the Town Board.
Allen Reiter thanked the Town Board for the ability to address them and understands
that the Board has tried to achieve a balance. Mr. Reiter pointed out there is no
mention of environmental rights anywhere in this proposed new Tree Law. In addition,
there are two sections in the proposed law under which a property owner has the right
to tear down a tree and essentially that property owner is allowed to tear down a tree
at their whim: (207-5c-2i) if the owner states that it might endanger the owner, their
family, or their property. That term `might endanger' is undefined and all trees pose a
danger. A tree sooner or later is going to fall. There is no requirement for a certified
arborist to offer an opinion that in fact the tree is diseased and poses a threat to life or
property. Anyone could get a tree torn down, simply by invoking the `might endanger'
clause.
In subsection 4, it states that if a tree substantially interferes with the permitted use of
a property the tree can be destroyed. Planting a tree that will achieve the same height
in 50 years doesn't really accomplish the goal of protecting our tree canopy. Mr.
Reiter stated that this does not protect our tree canopy, because if a homeowner
wants to replace a tree with a swing set, koi pond, or whatever, the permit will have to
be granted. If the purpose is to strike a balance, then the Town Board has given all
the rights to the homeowner now. If this proposed Tree Law passes it will continue to
lead to the destruction of the Town's tree canopy and there will be nothing that the
Town can do about it.
Ruth Gyure thanked the Town for its tree planting and attempting to amend the Tree
Law. Ms. Gyure noted that this proposed new law has the same flaws as the old law.
Ms. Gyure commented that she is a microbiologist and it's all connected. Soil health,
tree health, this is all contributing to the health and welfare of our community. This is a
community, so there should be laws that bind us for everyone's benefit to mitigate
flooding and combat climate change. Because of years of neglect, unhealthy root
zones are making our trees unstable, and they are coming down. Planting little trees
in place of large trees is not comparable. When she sees a large tree coming down in
the Town, she thinks it is often pointless. It is not necessary for a swing set or a
swimming pool or a new home to be built on a lot. It will not help us for our Town's
future. If you replant a tiny tree, it will not help us, Ms. Gyure added, as you will not
realize the benefits for 50 to 100 years. Incrementally, little-by-little the mature trees
are going away.
Ms. Gyure recommended that the Town prioritize trees as precious commodities. Tree
City has guidelines for best practices, and the Town Board should review those
guidelines. Ms Gyure sees mature trees that are not being cared for properly and that
is why they are coming down. It is not the Building Department's job to determine a
tree's health, it should be the job of a qualified arborist. Large trees need room for
their roots. Some places have use grandfathering in, which could be one way of
introducing a new, more vigorous Tree Law. In that case, if a property is sold,
immediately new regulations go into place. Ms. Gyure asked that the Town Board
please protect the health of the Town and our future.
Andrea Hirsh resident attending both for herself and on behalf of Ralph Engel who
could not be here this evening. Ms. Hirsh felt that this had been a frustrating process.
The Town Board asked the Sustainability Collaborative to provide a comprehensive
review of the Tree Law but trashed its work. Instead of using the Collaboratives'
suggestions and without input from environmentalists, arborists, or the Planning
Board, the Town Board developed their own proposed Tree Law. The Chair of the
Planning Board has submitted comments. He is dismayed that the Town Board would
allow any tree to be cut down as is. It conflicts with the Planning Board's own rules.
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October 4, 2023
By contrast, Ms. Hirsh added, that the Planning Board always tries to preserve trees
and work around them.
Although the preamble to the proposed new Tree Law insists it balances, it does not.
Ms. Hirsh suggested that the Town Board review other municipalities' tree codes. Ms.
Hirsh also stated that no other local tree code mentions property owners' rights or
allows a certain number of trees simply to be taken down without a permit. Ms. Hirsh
added that this proposed law does nothing to protect the trees.
Ms. Hirsh emphasized the mental and physical health importance of trees. Told a
story about a tree on Chatsworth Avenue, where new owners brought the century-old
tree down. The tree soaked up much of the water in this area on Chatsworth Avenue
during rain events. Ms. Hirsh asked what right the owners had to remove this tree that
had existed for so long before their time and negatively affect so many of their
neighbors. Ms. Hirsh suggested that the point is that trees are a public commodity
essential to our environment and to us. She said that this code takes a 100-year leap
backwards. Ms. Hirsh recommended that it be replaced and a moratorium on cutting
be put in place. Lastly, Ms. Hirsh suggested that we need to protect our trees.
Judy P. Herbst, a thirty-year resident of the Town, stated that she finds this proposed
new Tree Law very flawed. Ms. Herbst stated that they had brought the need for a
new Tree Law to the attention of the Town Board three years ago. She said there is
no balance in this law. Ms. Herbst pointed out that in the Town, residents are
regulated for noise, parking, building, everything really. She said that we are team
players together. There is no need to take down a healthy, canopy tree for a
basketball hoop. A basketball hoop is for a momentary need lasting two to three
years. A tree has longevity. Ms. Herbst shared that a neighbor had removed about ten
trees to put in a basketball court recently. The effect was that all the owls and birds
are gone and now the mice population has exploded. Ms. Herbst pleaded with the
Board to accept there is a community need to save the tree canopy. Ms. Herbst
suggested the following specific changes to the proposed Tree Law: need criteria for
removal; need to address public spaces (for example the trees removed in Memorial
Par); and the law should include notification of the community -- not just the one
neighbor, but the entire community as is done with building permits.
Jacob Levitt, forty-nine-year resident of the Town, pointed out the visuals in the room
behind the Board and stated that you cannot have any of these environmental
representations without trees. Mr. Levitt stated that we are in a climate crisis and we
in the Town need mature trees. He suggested we must undergo a paradigm shift. A
tree on one person's property should not be viewed only as their property but it should
be viewed as community property, just like the air we breathe. The government
should seek to protect it. One should not be able to remove a tree from their property,
the same was as they would not be allowed to foul our communities' drinking water.
We must rise above the economics of tree removal. Mr. Levitt suggested that the
desire for tax money from developers and potential new residents must be
subordinate to our Town's long-term health.
Mr. Levitt believes that this proposed Tree Law gives carte blanche to anyone that
wants to cut down a tree. What is absent in the current code as well as this proposed
new code: establish criteria for tree removal, particularly protecting mature, healthy
trees; a notification for residents surrounding a proposed removal; putting in place
fines and fees that will act as clear deterrents for tree removal; and develop a tree
replanting plan around Town. Also, Mr. Levitt noted there are too many loopholes in
the proposed law, including allowing one person, the Environmental Planner, to have
approval rights for removal. In addition, there is no mechanism of or plan for
enforcement. He continued, that there is no notification. Mr. Levitt added that pruning
is an issue. If one is allowed to remove 25 percent of the tree's canopy each year,
then in two years the tree is dead. Mr. Levitt suggested the Town Board return to the
drawing board, this time to include expert consultants and arborists in the
development and discussions and to seek true input from the Sustainability
Collaborative and Tree Committee. Mr. Levitt suggested that the Town Board
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October 4, 2023
reconstruct the Tree Law into something meaningful that would protect the Town's
trees.
Karen Khor thanked the Town Board for their effort and many hours of work on the
proposed new Tree Law. Ms. Khor highlighted that this important law is not only about
us and our community, but it is for future generations. As Co-Chair of the
Sustainability Collaborative and as a member of the Town's Comprehensive Plan
Steering Committee, she attended many Town events last year to gather input as to
what is important to residents in the Town and what is their vision. Preservation and
protection of existing trees was one of the comments she heard over and over. We
are one Town and saving trees is important for everyone in our community. In the
online Community Needs Survey, conducted over several months, over 700 residents
commented on what is important to them. Three important community needs were
identified by those residents: (1) prevention, mitigation, and management of flooding
from storm events; (2) protection of wetlands, native habitat, and critical
environmental areas from development; and (3) the preservation and protection of
existing trees on both private and public land.
Ms. Khor stated that the preservation of trees is critical for all three of those needs
mentioned. Our community has made it loud and clear, that we value our trees. Trees
are our first line of defense against flooding. We are living in a climate emergency
crisis. Ms. Khor asked the Board to ensure that the proposed Tree Law protects and
preserves our tree canopy. She suggested that the current proposed law falls short,
and we urged that the Town needs to do better. As a bronze Climate Smart
Community, the Town needs to do better. Ms. Khor had three recommendations: (1)
take additional time to gather feedback from experts on tree canopies; (2) address the
need for clear criteria and due process that consider environment and social impact of
tree removal before tree permits are granted; and (3) commit to maintaining a
minimum tree canopy of forty percent based on the recommendations of experts and
equals the goal of the Village of Mamaroneck. Ms. Khor summarized by reminding
everyone that a swing set provides but a temporary benefit, while trees last many
generations.
Cecilia Figurino, from Harrison, stated that she was humbled and honored to be in a
room of residents concerned about trees. She said that in Harrison, she is the lone
harbinger. Ms. Figurino noted it is foresighted to apply the same Tree Law to
everyone. Applying the law unilaterally is the only way you can maintain records. Ms.
Figurino suggested that in Harrison they are allowing unfettered development without
any consideration for the environment. She brings a warning from Harrison, noting
that we all share the same plumbing. This unfettered development and disregard of
the trees ensures that millions of gallons of water will continue to head toward
Mamaroneck from Harrison.
Mark Kramer, Co-Chair of the Sustainability Collaborative, and decades-long resident
of the Town stated that he lives in the north end of Town and just recently had
flooding as a result of last Friday's storm. Mr. Kramer explained that there are many
new houses where just a few old houses were. In addition, a lot of old growth trees
have been removed. An older tree on a street is not the same as a tree on a wooded
lot. Mr. Kramer explained that more stress, more heat, and more sunburn are a result
of not having a tree on a street. We lose the change of colors during the fall.
Mr. Kramer noted that the Town has not yet addressed the country clubs which have
a lot of grass and very few trees. The country clubs do nothing to mitigate water flow
off of their grass courses. To address this, Mr. Kramer suggests a more
comprehensive tree law.
Mr. Kramer suggested fines be raised so that they are actual deterrents. He has
stopped on many occasions to note where trees have been cleared for construction,
whether or not the builder has a permit or not. Lots have been cleared and even
though the construction has stopped, it is too late because the trees have already
been cut down. When houses got permits and wanted to raise elevation, they built
Town Board
October 4, 2023
wells around the trees. It didn't work so now the properties are bare. The number one
thing is that large, old trees have more to give than smaller, young trees. We should
weigh that when we go to cut them down.
John, a Town resident currently in the midst of renovation, pointed out that at every
turn he faces rules that dictate what he can or cannot do. If he wants to add a sump
pump, then there are rules. If he wants solar panels, he must get an architectural
review. If he wants to put in a new HVAC system, he needs a permit and review. The
list goes on and on. But, John added, if he wants to cut down a seventy-five-year-old
maple tree that provides privacy, shade and increases both his property value and
that of his neighbors, he can cut down that tree tomorrow. The Town can do same in
front of his house, where he witnessed a 100-year-old tree be taken down by the
Town's DPW. Why do trees not deserve the same strict oversight as a sump pump?
John suggested the Town Board consider that trees are not just for erosion control,
but that trees are a communal resource and one that requires clear rules before we
knock them down. John added that having a robust ordinance is essential to alleviate
the loss of tree canopy more flooding and mitigate climate change. He suggested that
the Town Board take more time to craft a Tree Law more in line with other
Westchester County municipalities and with the same level of attention as the Town
would consider regarding the permitting of a sump pump.
Sharon Boswell, Town resident on Myrtle, agreed with many of the earlier speakers.
She believes that replacement trees need to be specified. Ms. Boswell told the story
of a tree in the public area in front of her property that had been removed by the Town
and replaced with a Cherry tree. It is too low and people walking on the curb bump
into it. Ms. Boswell concluded that the importance of replacements needs to be
addressed in the proposed law to keep invasives out and ensure that the right trees
are planted in the right locations.
Moved by Councilman King, seconded by Councilwoman Fiddelman, the Public
Hearing was unanimously adjourned to October 18th.
Carried
RESIDENT COMMENTS
Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board.
Janet Goff addressed the Town Board. Ms. Goff stated that she has lived here only a few
months but has just had a crash course in storm drainage. She noted that she had written to
Town Engineer Robert Wasp. Ms. Goff stated that she recently moved to Old White Plains
Road and did not understand the full extent of the area's vulnerability to flooding. She noted
that it is great that the Town just received the grant to study stormy drainage, but she pointed
out that if you live in a vulnerable area, three years to complete a study is too long.
Ms. Goff continued that the water stopped feet from their driveway. If the water had
continued just a few more feet, it might have been catastrophic for them. Some of her
neighbors were not so lucky. One lost their entire HVAC and electrical system, and another
had a pile of ruined furniture on their front lawn. Ms. Goff provided three observations as a
newcomer: 1. The storm drain on Old White Plains Road is not sufficient for the 20 or so
houses that it serves. Ms. Goff pointed out that the drain services one of the few roads that
take people from the lower areas (in the Village and Town) out to higher areas. 2. There was
no free passage through the area. Cars that were diverted off of the Hutchingson Parkway
and people heading out of Mamaroneck both could not get out because of the flooding. 3. A
waterfall was running off from Winged Foot Golf Course. It was shocking how much was
rushing down off of the golf course toward the one shared storm drain.
Town Board
October 4, 2023
Ms. Goff sent the email to the Town Engineer Wasp as she feels that three years is too long
to wait for some Town residents. In summary, the runoff from the golf course, the lack of
escape route out of Town and Village, an opportunity for storage in Saxon Woods. The storm
drain cannot handle the runoff, so Ms. Goff asked that the Town Board please consider an
interim plan, perhaps widening the storm drain, working with the golf course to create a catch
basin or something to curtail runoff. Then in the future Ms. Goff volunteered to work with the
Town to try to get residents and the golf course to install permeable surfaces. Ms. Goff
requested that the Town Board please contact her if there is anything she or her neighbors
can do.
Judy, from Australia, was in attendance on behalf of her ninety-six-year-old mother who has
been living at number one Nancy Lane since 1965. Judy stated that there is a constant flow
of water coming from a hose at the top of Nancy Lane, near number eleven. This runoff is
constant, every day and night. Additionally, Judy noted that there is water dripping also from
either ten or twelve Nancy Lane, that runs from the top of the Lane down to Palmer Avenue
at the bottom. The gutter has algae and a green tinge, because the water has been
streaming down the Lane constantly for years. The Nancy Lane residents would like to know
when this will stop.
Another issue, Judy stated, is the poor, patched condition of the surface of road. She
mentioned that Garret Lane (the next street up) was recently paved as was Boston Terrace,
so why not Nancy Lane, she asked. Water was streaming down Palmer Avenue and Nancy
Lane and met in a `lake'. Judy was wondering if there is a possibility of raising the end of the
driveway to prevent the water from coming down that driveway.
In addition, there is an issue with the nursery, Weaver Gardens, at the corner, which has
been growing bamboo for years. `Officer Franz from the State environmental group' says this
particular bamboo is invasive. Weaver Gardens does not deal with the bamboo problem.
They are cutting it, but bamboo needs to be dug out. In addition, Weaver Gardens has raised
their ground level about three feet over the year, so water runoff is heading from Weaver
Gardens to residents on Nancy Lane. Judy concluded by stating that these issues have been
presented to the Council many years before and thanked the Town Board for protecting the
trees in our Town.
BOARD OF FIRE COMMISSIONERS
1. Call to Order
Commissioner Elkind Eney called the Meeting to order, then on motion of
Commissioner Nichinsky, 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
Moved by Commissioner King, seconded by Commissioner Katz, it was
RESOLVED that the Board of Fire Commissioners hereby approves the
attached list of Fire Claims in the amount of$9,698.98.
Carried
Town Board
October 4, 2023
3. Fire Report - September
Commissioner Elkind Eney read the Fire Report for the Month of September 2023, as
follows:
Alarm Type Number
Generals 39
Minors 22
Stills 30
Out of Town (Mutual Aid) 0
EMS 40
Drills 4
TOTAL 135
Total number of personnel responding: 775
Total time working: 49 hours and 32 minutes.
See Attachment B.
4. Other Fire Department Business
There being no further business to come before the Fire Commission, on motion of
Commissioner Nichinsky, seconded by Commissioner King, the Commission
unanimously adjourned and the Town Board reconvened.
AFFAIRS OF THE TOWN OF MAMARONECK
1. Authorization of Consultant Selection Town Comprehensive Drainage
Evaluation
Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, it was
RESOLVED that the Town Board hereby approves of the consultant proposal
for the Comprehensive Drainage Evaluation and Storm Sewer Renovations to
H2M Architects + Engineers for$367,300 and hereby authorizes the Town
Administrator to execute the agreement and any related documents necessary
to carry out its implementation.
Carried
2. Authorization - Q3 2023 Operating Budget Amendments
Moved by Councilman King, seconded by Councilwoman Katz, it was
RESOLVED that the Town Board hereby authorizes the Town Comptroller to
make the necessary budget amendments, as presented.
Carried
3. Authorization - Q3 2023 Capital Budget Amendments
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was
RESOLVED that the Town Board hereby authorizes the Town Comptroller to
make necessary capital budget amendments, as presented.
Carried
Town Board
October 4, 2023
4. Certiorari - Fifth Avenue Investors, 620 Fifth Avenue
Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was
RESOLVED that the Town Board hereby approves the settlement of certiorari
for Fifth Avenue Investors, resulting in a refund of$1,000.
Carried
REPORTS OF MINUTES
1. Report of Minutes of July 11, 2023, July 19, 2023, August 16, 2023, August 23,
2023, and September 6, 2023
Moved by Councilwoman Fiddelman, seconded by Councilman King, it was
unanimously
RESOLVED that the Town Board hereby approves the minutes of the Town
Board Meetings of July 11, July 19, August 16, August 23, and September 6,
2023, as attached.
REPORTS OF THE COUNCIL
Councilwoman Katz
• Attended a Traffic Committee meeting last week, where many residents in
attendance requested an additional crossing guard on Colonial Avenue.
• Asked all drivers to slow down, school is in session.
• Announced that next Wednesday is LMC Media's 40th anniversary celebration. For
tickets or more information, please visit: Gala 2023 - LMC Media at
https://Imcmedia.org/ga1a2023/
Councilwoman Fiddelman
• The next Larchmont-Mamaroneck Local Summit meeting will be held on Tuesday,
October 10, 8 am via Zoom. The topic will be Neighbors Helping Neighbors -- Meeting
the Needs of Families in Crisis. For more information visit:
https://www.localsummitlm.org/events.html
• She was saddened that the Town's Food Truck Festival was cancelled again this
year. Thank you to the Recreation Department, and all other departments, that helped
to organize even though the event was cancelled.
Councilman King
• Attended this month's Recreation Committee meeting.
• Many fall Recreation programs and activities can be found in the Town of
Mamaroneck Recreation Brochure at
https://www.townofmamaroneckny.org/406/Recreation
• There are a lot of exciting activities coming up. These include programs for school-
age children, even for next Monday which is a holiday. Activities are listed in the
activity guide.
• Attended County Executive George Latimer's presentation last Sunday at the
Larchmont Library. Flooding is both a County and State issue in terms of funding.
There are County roads in our municipality, so sometimes it can get confusing.
Councilwoman Nichinsky
• Attended both the Sustainability Collaborative and the Housing Authority meetings
this past week.
Town Board
October 4, 2023
• The Repair Cafe will take place on Sunday October 15th. They need volunteers for
repairs and many other aspects. Volunteer or visit the Repair Café, it is a real service
to the community and a very fun event, with music and snacks too.
TOWN CLERK'S REPORT
The Town Center will host Early Voting for the November 7th General Election. Days and
times are follows:
• Saturday, October 28, 2023, from 10 a.m. until 6 p.m.
• Sunday, October 29, 2023, from 10 a.m. until 6 p.m.
• Monday, October 30, 2023, from 8 a.m. until 4 p.m.
• Tuesday, October 31 , 2023, from noon until 8 p.m.
• Wednesday, November 1 , 2023, from 8 a.m. until 4 p.m.
• Thursday, November 2, 2023, from noon until 8 p.m.
• Friday, November 3, 2023, from 8 a.m. until 4 p.m.
• Saturday, November 4, 2023, from 10 a.m. until 6 p.m.
• Sunday, November 5, 2023, from 10 a.m. until 6 p.m.
Councilwoman Fiddelman added, there is no early voting on Monday, November 6th, the day
before the General Election.
ADJOURNMENT
On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, at 9:54
p.m. the Town Board re-entered into a Work Session to briefly discuss the next steps
of the Public Hearing on the proposed new Tree Code.
Carried
On motion of Councilman King, seconded by Councilwoman Katz, the meeting was
unanimously adjourned at 9:59 pm.
Carried
REGULARLY SCHEDULED MEETING - October 18, 2023
Submitted by
Allison May, Town Clerk
Town Board
October 4, 2023
Attachment A
Westchect' ., r Joint Water Works
Town of Mamaroneck
Water Rate
The Cost of
WJWW Water
The Average 2022 Retail Cost of a Gallon of
WJWW Finished Water
Slightly Above One Cent Per Gallon
($0.0106)
2
Town Board
October 4, 2023
Attachment A (Cont'd)
The Cost of
WJWW Water
Cost Drivers
• NYC Purchased Water Cost (Current Annual Cost-$12.0 Million)
• Water System Operational Costs (Current Annual Cost-$17.0 Million)
• Water System Capital Improvements (Five Year Plan-$175 Million)
3
Water Rate Increase History
Town of
Year NYC DEP Mamaroneck
2008 13.0% 14.5%
2009 2.0% 9.0%
2010 25.0% 18.0%
2011 5.6% 13.0%
2012 9.8% 15.0%
2013 12.3% 8.7%
2014 5.1% 6.0%
2015 9.9% 12.0%
2016 0.0% 2.5%
2017 0.0% 3.5%
2018 0.0% 3.5%
2019 9.2% 0.0%
2020 0.0% 0.0%
2021 9.0% 9.0%
2022 1.4% 12.75%
15 Year Average 6.8% 8.5%
2023 6.8% TBD
4
Town Board
October 4, 2023
Attachment A (Cont'd)
6/y
WJWW
Five-Year Capital Improvement Plan
WJWW TOH
Project Category Full Cost Share of Cost
Rye Lake Filtration Plant $ 132,000,000 A $ 22,044,000
Rye Lake Turbidity Curtain and Boom System Replacement $ 900,000 $ 166,500
Park Lane#2 Water Storage Tank Rehab $ 2,100,000 $ 388,500
Weaver Street Pumpstation&PRV Upgrade Phase 2 $ 550,000 $ 185,000
Shaft 22(Crisfield Station)Chlorination System $ 1,000,000 $ 540,000
Potential Grant(Filtration Plant) $ (5,000,000) $ (835,0001
Joint System Planned Projects-Subtotal $ 131,550,000 $ 22,489,000
Joint System Projects-Emergency/Contingency $ 10,450,000 $ 1,933,250
Local System Projects(ToM)-Distribution Mains&Other
Infrastructure $ 3,675,000 $ 3,675,000
Joint Public Benefit Projects—Settlement Contingency $ 10,000,000 $ 1,850,000
Five Year Capital Plan Total $ 155,675,000 B $ 29,947,250
(AI Projected total spend for filtration plant-$138 million
(B( Total excludes local projects for other members.Full cost of Five-Year Plan(2023-2027)inclusive of all member local projects is 5
$175 million
Pfi R rrc -S 5 ��
n -A-r i 9 r �s lg'S Cap
LOY( Sk ;6466 C3a0
WJWW Income Distribution
Projection
Town of
Category Mamaroneck
Direct Water Revenues $5,200,000
Allocated Revenues(Outside District,Wholesale,Other) $1,300,000
Total Revenues $ 6,500,000
Allocated Water Purchase Expense $2,250,000
Allocated Operating Expenses $3,000,000
Total Expenses $5,250,000
Projected WJWW Income to be Distributed to ToM in 2024 $ 1,250,000
2024 Town of Mamaroneck Water Revenue Budget $ 1,550,000
6
Nei IncQ r,_, ' '�3 Shork-c�Y) fi
C.6LL ?zcv - r �� 1h.(22 'rw,1
4� v� l/Li t .n t 2$ 14 hGe.vtCLf ' �" 63-*
Town Board
October 4, 2023
Attachment A (Cont'd)
Proposed Water Rate Increase
The current level of Town of Mamaroneck water revenues is not sufficient to
support capital project funding and escalating operational costs without a
drawdown of Water Fund surplus. A water rate increase of between 15%-25% is
needed (Effective 10/1/2023) to address the following:
• Increasing levels of debt service driven by the water system capital plan,most notably the filter plant
project(underlying interest rate, supply chain and inflation impacts);
• Increasing operational costs driven by supply chain issues and inflationary pressures;
• Increasing NYC Upstate water rates(increase effective 7/1/2023—6.76%)
• Settlement of Compliance Issues(Both Federal and State)
a
closing the 2024 Budget Gap
• The WJWW income distribution in 2024 to the Town(based on 2023 WJWW income) is projected to be$300
thousand short of the Town Water Fund revenue budget amount for 2024;
• The annual WJWW water revenue received from Town residents is about$5.2 million and roughly 20%of that
total is realized in the fourth quarter of the year;
• A 25%water rate increase effective in October 2023 should close the budget gap without using water fund
surplus by increasing the projected WJWW income distribution to the Town in 2024 by about$300 thousand;
• A 15%water rate increase effective in October of 2023 could about halve the budget gap but would then require
closing the remaining gap through other means;
• The Town currently has a$1.0 million water fund surplus which is important to maintain as a buffer as WJWW
moves into the higher spend stages of the filter plant project but it can also be employed to mitigate water rate
increases;
• The Town Water Fund Budget assumes cash funding of$560 thousand for WJWW capital project contingencies
and WJWW water infrastructure replacement in advance of Town paving projects,some of this could potentially
be bonded; 8
Town Board
October 4, 2023
Attachment A (Cont'd)
The Cost of WJWW Water
Town of Mamaroneck
Typical Household Annual Domestic Water Use with Minimal Irrigation
(100,000 Gallons):
• Current Annual Cost- $1,089.08(Cost per Gallon- $0.0109)
• 15%Rate Increase-$1,252.44(Increase of$163.36/Year or$13.61/Month,Cost/Gallon- $0.0125)
• 20%Rate Increase- $1,306.89(Increase of$217.81/Year or$18.15/Month,Cost/Gallon-$0.0131)
• 25%Rate Increase- $1,361.35 (Increase of$272.27/Year or$22.69/Month,Cost/Gallon-$0.0136)
9
14:73 vn;((fo►-7 gel r (
) 21r-1. c . \OO aoo 9,11,0ns/y?
Town Board
October 4, 2023
Attachment B
October 4, 2023
Re: Revised Tree Law Publicly Released on the Morning of September 27, 2023
Seven days and One State of Emergency Due to Flooding before the Public Hearing
Dear Supervisor Jaine Elkind Eney and
Town of Mamaroneck Board Members Abby Katz, Jeffery King, Sabrina Fiddelman, & Robin Nichinsky:
We face huge challenges, but we should face them together as a community. We need to work together where
and when necessary. The Board should seek out the experts, in this case; the arborists, tree experts and
municipalities. There are municipalities in Westchester County as well as New York State that have implemented
successful tree codes that increase the number of trees planted per year and also maintain and increase the
existing tree canopy in all neighborhoods of their municipality.
The Town of Mamaroneck Sustainability Collaborative has worked to advise the Town with regard to changes in
the existing Tree Code. However, after the Collaborative submitted their suggestions, there was no additional
communications or discussions with the Collaborative or the Tree Team over the entire two years that the Board
worked to construct the Proposed Tree Law.
I personally have appeared before the Town Staff on multiple occasions when developers proposed new homes
in place of existing houses and the removal of many, if not all, of the mature trees adjacent to the roads. Some
properties were backfilled which raised the elevation of the soil above the critical root zone. Years ago,the Town
Board subsequently modified their existing code to hopefully end this practice. Unfortunately, in my
neighborhood four properties have effectively had mature trees that once shaded the streets where I walk, clear-
cut in violation of obtained tree permits, or the trees that were healthy, subsequently died, due to backfill.
One possible solution, is to make the fines for violation of a tree permit by cutting down more trees with a DBH
of 6 inches plus, or backfilling illegally, subject to fines equal to multiple times the price the homeowner or
developer paid to have the trees removed as a deterrent. Another option, is to require that any company that
performs cutting and pruning of trees in the Town of Mamaroneck be registered for a small fee ($50 or $100).
Once registered to do business in the Town, then requires the tree removal company to ask to see a tree permit
prior to performing and removing tree(s) on said property. If the property owners failed to obtain a tree permit,
and the trees are removed, then the tree company would also be subject to the same fines. Hopefully this will
eliminate clear cutting as part of the price of doing business or operating with impunity.
I strongly recommend that notice to the adjacent neighbors on all sides of the property, including across the
street, be mandatory when the application for a tree permit is made. The proposed Tree Law resorts to the
neighbors potentially calling the Town or police to state that their nearby neighbor is in the process of cutting
down or removing tree(s). This has been especially the case on weekends in the past. Often the damage is
done before any official can react.
And lastly, the literature and arborists agree that topping of trees should be prohibited. I suggest this be
incorporated into the Tree Law.
I know that many comments have been made with regard to making the Tree Law easy to understand and follow
by the public, avoid clear cutting, and make sure that the Law is consistent internally and also with other Boards
and Committees in the Town. Please quality control and check all internal references within the Tree Law.
Thank you for the opportunity to provide comments as you deliberate on the next steps to be taken in
n grows the tree canopy. This is paramount because as the Town
implementing a Tree Law thatpreserves andpy
P 9
recognizes that trees reduce flooding, keep our community cooler than it would be without trees, reduce utility
bills, provide shade, screening, wind breaks, awesome fall foliage colors, a sanctuary for birds and cleanse the
air we breathe, etc.
Respectfully yours,
Mark Kramer, Town of Mamaroneck Resident
Town Board
October 4, 2023
Attachment C
TOWN OF MAMARONECK FIRE DEPARTMENT
OFFICE OF THE .c1.71147ti Headquarters
CHIEF
205 WEAVER STREET
LARCH MONT,NEW YORK 10538
WEAVER 834-2100 EMERGENCY
I
834-2101-NON EMERGENCY
834-2438 CHIEF'S OFFICE
STREET 834-0922-FAX
WWW.TMFD.ORG
44Fp
0.0\
To: Board of Fire Commissioners
From: Chief Thomas Broderick
Date: October 01,2023
Re: Fire Report for the Month of September 2023
The following report outlines response to calls made during the month of September 2023.It summarizes
the nature,the number of personnel responding and the total time spent.
I have also attached a report showing a further breakdown of these alarms.
Alarm Type Number
Generals 39
Minors 22
Stills 30
Out of Town(Mutual Aid) 0
EMS 40
Drills 4
TOTAL 135
Total number of personnel responding: 775
Total time working: 49 hours and 32 minutes
Respectfully Submitted,
,-/W2
Chief Thomas Broderick
Town Board
October 4, 2023
Attachment C (Cont'd)
Incident Type Count Report
Date Range: From 9/1/2023 To 9/30/2023
Selected Station(s):All
Incident
Type Description Count
Station: EMS
321 -EMS call,excluding vehicle accident with injury 39 29.77%
Total-Rescue&Emergency Medical Service Incidents 39 97.50%
611 -Dispatched&cancelled en route I 0.76%
Total-Good Intent Call 1 2.50%
Total for Station 40 30.53%
Station: HO
131 -Passenger vehicle fire 1 0.76%
Total-Fires 1 1.64%
322F-Vehicle accident with injuries 7 5.34%
331-Lock-in(if lock out,use 511 ) 1 0.76%
Total-Rescue&Emergency Medical Service Incidents 8 13.11%
400-Hazardous condition,other 1 0.76%
410-Flammable gas or liquid condition,other 1 0.76%
412-Gas leak(natural gas or LPG) 10 7.63%
422-Chemical spill or leak 1 0.76%
424-Carbon monoxide incident 1 0.76%
444-Power line down 1 0.76%
445-Arcing,shorted electrical equipment 2 1.53%
Total-Hazardous Conditions(No fire) 17 27.87%
500-Service Call,other 1 0.76%
511 -Lock-out 3 2.29%
520-Water problem,other 3 2.29%
531 -Smoke or odor removal 2 1.53%
551-Assist police or other governmental agency 1 0.76%
Total-Service Call 10 16.39%
600-Good intent call,other 1 0.76%
651 -Smoke scare,odor of smoke 1 0.76%
Total-Good Intent Call 2 3.28%
700-False alarm or false call,other 3 2.29%
735-Alarm system sounded due to malfunction 3 2.29%
736-CO detector activation due to malfunction 1 0.76%
743-Smoke detector activation,no fire-unintentional 2 1.53%
745-Alarm system sounded,no fire-unintentional 13 9.92%
746-Carbon monoxide detector activation,no CO 1 0.76%
Total-Fals Alarm&False Call 23 37.70%
Total for Station 61 46.56%
Station: STIL
321 -EMS call,excluding vehicle accident with injury 1 0.76%
360-Water&ice related rescue,other 1 0.76%
Page 1 of 2 Printed 10/02/2023 17:18:59
Town Board
October 4, 2023
Attachment C (Cont'd)
Incident
Tyne Description Count
Station, STIL-(Continued)
Total-Rescue&Emergency Medical Service Incidents 2 6.67%
400-Hazardous condition,other 2 1.53%
410-Flammable gas or liquid condition,other 1 0.76%
Total-Hazardous Conditions(No fire) 3 10.00%
511 -Lock-out 1 0.76%
520-Water problem,other 22 16.79%
531 -Smoke or odor removal 1 0.76%
Total-Service Call 24 80.00%
743-Smoke detector activation,no fire-unintentional 1 0.76%
Total-Fals Alarm&False Call 1 3.33%
Total for Station — 30 22.90%
131 100.00%
Page 2 of 2 Printed 10/02/2023 17:19:11