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HomeMy WebLinkAbout2023_10_24 Town Board Minutes o ��9_1_ Town of Mamaroneck // Town Board Minutes m Tuesday, October 24, 2023, Conference Room C, n First Floor of Town Center 5:45 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 Robert P. Wasp, Town Engineer John Barreto, Town Highway Manager 5:45 PM THE TOWN BOARD WORK SESSION CALL TO ORDER Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the work session opened at 5:45pm. Carried WORK SESSION ITEMS 1. OUT OF ORDER: Budget - Highway Highway Department Overview - John Barretto presented an overview of the Highway Department and its role within the Town, including snow removal, leaf pickup, and more. There were no particular budget issues, and everything went well this year. Reservoir Valve Replacement - Councilwoman Katz inquired about the replacement valve at the reservoir and whether it is the one that lets the water out. John Barretto explained that this is part two of the upgrades for the dam, focusing on valve replacement. Robert Wasp added that the current valve, a 20" butterfly valve from the 1960s, has faced many storms and sometimes fails to open. The valve, formerly from Westchester Joint Water Works (WJWW), is under atmospheric pressure from the reservoir. It may be easier to freeze the pipe temporarily to change out the valve. The reservoir is owned by the Village of Larchmont, located in New Rochelle, and has been maintained and operated by the Town since it was abandoned by WJWW. The valve allows control of the reservoir before a storm, with no options once it is overfilled. WJWW still has a pump at the site. Crosswalk Signs - The Board expressed excitement about the new signs installed at the crosswalk near Billy & Pete's, noting that they looked great. Town Board October 24, 2023 2. Budget - Operating - Engineering Highlights from the Year • OpenGov Implementation: Paving and curb projects were completed on time and within budget using software for pavement management. Surveys last three to five years, making pre-damaged pavement photos invaluable. • Staffing and Space Configuration: The team coexists well and is in the final design stage for space configuration, aiming to bid by the end of the year alongside old community services. Ongoing Projects - Supervisor Elkind Eney suggested the Board might discuss reducing the number of new projects being worked on, in order to give the staff time to catch up. Administrator Robson responded that postponing projects may not be cost- effective in the long term. Capital Projects Diesel Generator for Town Center - A diesel generator, necessary for the Police Department, servers, and continuity of operations, is more economical than natural gas, saving over $700,000. The generator costs $726,000, including soft costs, and grants have been submitted for funding. The Emergency Operations Center and server room could rely on this generator. Alternative Solutions - Councilwoman Nichinsky inquired about a half-building generator, which the Town Engineer explained would require replacing subpanels. Incoming Councilmember Anant Nambiar suggested exploring solar panels with a battery system as an alternative. Consultant Line Increase - The increase is driven by an updated pavement analysis and the sidewalk and curb inventory, allowing more insightful analysis of where sidewalks could go. Councilwoman Katz suggested resident input for sidewalk placement. Tree Garage - The architectural design is fifty percent complete, with cost estimates in. The design includes service and electrical panels, space for a bucket truck and another truck, a storage mezzanine, and the same gabled roofline. The project aims to bid ASAP and start in early spring, with access from Maple Street offset from the courts and playground. Sign Shop - Currently, the sign shop is not functional, operating out of a trailer ($1,000/month). The shop will be demolished and rebuilt with a new footprint to serve future needs, aiming to bid as soon as possible and start in early spring. Senior Center - Funded with a grant provided through Congressman Bowman's office, the project includes porch and yellow room renovations, window work, and HVAC upgrades with heat pumps. A partition wall will slide on a track into a closet. The bid is planned for the spring. Baldwin Avenue Pump Station - The station is dysfunctional; the panel requires a full replacement. An EFC grant has been submitted, awaiting a response. Costs are split between 2024 ($1.2 million) and 2025 ($1.28 million). Rockland Avenue Bridge - The last of the Town's current bridge projects, the Rockland Avenue Bridge project is being funded using a $769,000 grant. Total cost is expected to be $500,000 to $1 million. Town Board October 24, 2023 Gardens Lake Dredging - Planned for 2025. Town Engineer Wasp explained the difficulty in maintaining it and the need for consultant recommendations. Crosswalk on Weaver at Leatherstocking Trail - Councilwoman Katz inquired about the crosswalk. NYSDOT requirements were discussed. Murray at Colonial — The project's sawhorses were recently swept away during a storm. Potential next step solutions include sandbags or weighted barricades. Painting — Includes painting in the Police Department as well as the doors on the second floor of Town Center. Stormwater/Comprehensive Drainage Report - Councilman King discussed stormwater drains and abating water through the corridor. Town Engineer Wasp said that the report is expected June 2024, with implementation to begin sometime in 2025. Highway Equipment - Discussion about chipper, dump truck nearing end of useful life, and John Deere Gator for plowing and salting. Water Tanks - Current tanks hold brine; a new tank may be considered. Tree Planting - Supervisor Elkind Eney wants to increase tree planting significantly. Options discussed include using recycled trucks for watering. Sidewalks and Curbs - Scaled back plans for Howell and Meadow Place. Suggested using budget balance for partial sidewalk and curb work. Richbell and Palmer Signal - New signal and controller, camera-based traffic signals including walk signals. Nancy Lane Catch Basins - In-house project for bad icing conditions. Conservative number included in the budget for 2024. Madison Avenue Projects - Related projects include a green infrastructure grant and traffic signal/roundabout. Congressional earmarks grant and DOT safe streets grant applications submitted. Consultant minimizing overlap in plans. 3. Discussion - 2024 Tentative Budget The Board discussed the pros and cons of using the fund balance. Comptroller Yogman agreed to provide the Board an estimate for the cost of outsourcing the service to water and maintain Town trees. Councilwoman Katz wanted to decrease the tax levy rate and wondered what from the budget could be decreased. Administrator Robson noted that there will be a change in Sanitation, we had been revised even today. Councilwoman Nichinsky asked about putting some things off to get below a five percent tax levy. Maybe look at budgeting less conservatively. 4. LMC The Board discussed the expense for LMC and how our revenue is now based on the actual population of users, $308,000. The Board wished to redo the contract asap with LMC. Councilwoman Fiddelman stated she would like to help them through this difficult period. Supervisor Elkind Eney will call LMC Media and let them know that we want to meet. Comptroller Yogman mentioned that the Town will not be receiving any PEG money until our contracts are signed with the franchisees. Town Board October 24, 2023 5. Salary Authorization - Recreation Department Administrator Robson talked about the severe personnel shortages in the Recreation department. Ms. Duchi comes with great recommendation and is willing to start soon. Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board hereby approves the appointment of Grecia Duchi to the position of Recreation Assistant at an annual salary of$62,788, effective not later than November 6, 2023. Carried 6. Discussion - Tree Law Supervisor Elkind Eney stated that we are caught between the people that want to do as they wish on their own property with regard to trees and those that want to regulate tree removal on private property to in order to protect the trees. Supervisor Elkind Eney spoke with Andrew Reinmann, and he seemed knowledgeable to her. Councilwoman Nichinsky wanted to hear his response. Supervisor Elkind Eney wanted to hear Councilwoman Nichinsky 's comments: Councilwoman Nichinsky stated that she was not happy with this law on many levels, and then listed her seven main reasons: 1. Over 100 people have come forward that they want a tougher tree law. 2. Her feeling is that this law does not protect old, 20 inch and larger trees. We had protection for larger trees in the older law, on properties 20,000 square feet and larger, but not now. 3. If you don't hear from us in 48 hours or something, then you can cut with documentation. 4. Would prefer to make the permits cheap, say $25 or a small fee. Some communities it is no cost, like New Castle. At least wants to make it affordable. 5. Concerned with if they file a permit and if there is no response in 20 days or so, then they can take it down. 6. Need to streamline the process. Make it easy, make it quick. 7. Must provide for emergencies. Supervisor Elkind Eney said that Andrew Reinmann is now engaged by Pleasantville to craft a similar tree law. He thought the most important thing was replacement trees in a tree statute. The Supervisor explained that Reinmann's proposed law sets limits on the number of trees that can be removed for one year and the limits in our law are for two years. We are now proposing 9, 7 and 4, respectively by lot size, over a two- year period. Trees in addition need to be of right and for items 1 , 2 and 3 (referenced in the law). In addition, it should be a certified arborist, not employed by the Town, that makes the determination. Councilman King stated that he thought it should be fine to use Town's certified arborist. The Board discussed the situations they felt might be a danger and agreed that the verbiage was fine. Then they discussed emergencies. Supervisor Elkind Eney said that Mr. Reinmann said he would share his verbiage for emergency situations. Supervisor Elkind Eney said that Mr. Reinmann thought we did not have enough in the replacement category instead of 1, 2 and 3 in 8b207-7-b, make it 2, 3 and 4. Then, for the large growth trees that would be 36 diameters at breast height, those would not be of-right. The Town will need a tougher criterion for those large growth trees. It had to be in one of those categories on the top of page six. For previously Town Board October 24, 2023 undeveloped land, Mr. Reinmann suggested limiting the canopy cover loss to 20% as part of the site plan law to the Planning Board. Councilwoman Nichinsky expressed concern that this would give new developers the right to deal with trees before going to the Planning Board. She questioned Attorney Maker about whether the Planning Board can grant with conditions. Attorney Maker clarified that there is a disconnect, as the Planning Board should specify the number of trees to be planted rather than where to plant them. Councilwoman Nichinsky expressed concern about transferring authority from the Planning Board to the Environmental Planner. Attorney Maker will redraft the proposal for review at the next meeting. Councilwoman Fiddelman noted that people often cut down trees and then go to the Planning Board. Councilman King suggested that the Planning Board should retain certain authority that the Environmental Planner does not have. He emphasized the need for clear regulations to prevent unauthorized tree removal and ensure proper planning. There was a discussion about the practical implications of the current law. If someone cuts down their limited number of trees and then wants to add to their house, the process of getting drawings, site plan review, and permits can take close to a year. The current law includes a built-in hiatus, preventing another tree removal permit within a 12-month period after the initial permit. The Board discussed the loophole in the current law, where someone could remove the allowed number of trees and then go to the Planning Board to remove additional trees within the same 12-month period. The goal is to ensure that tree removal is properly regulated and that the Planning Board has the authority to enforce these regulations. The issue at hand involves the timing of building permits and tree removal permits. The Environmental Planner receives the application for tree removal, but the building inspector must issue the building permit simultaneously. This prevents a situation where someone receives a tree removal permit but then fails to get the necessary variance, leading to unnecessary tree removal. With the new OpenGov system, we can set up workflows to ensure the tree permit approval is dependent on the approval of other permits. This prevents unnecessary tree cutting before all necessary steps are completed. The current law requires tree replacement and includes penalties, which will remain. The previous law applied to properties larger than 20,000 square feet and was more protective of trees. The proposed law allows for certain actions as of right but still requires tree replacement and permits. Councilwoman Nichinsky raised concerns that the new law is less protective of trees and does not require notice to adjoining property owners. Councilwoman Nichinsky and another member believe that notice is beneficial even for actions as of right. They discussed the need to ensure the new law is effective in protecting trees while allowing necessary development. There was a discussion about the policy on fast-growing trees and ecological considerations. It was agreed to trust the Town Environmental Planner to make decisions regarding the best array of trees for any given property to protect the town's tree canopy. The fines for tree removal were discussed, with agreement that fines should be paired with tree replacement to ensure effectiveness. Councilwoman Nichinsky raised concerns that the new law takes away powers from the Planning Board and makes it easier for properties under 20,000 square feet to remove trees. Town Board October 24, 2023 The Board discussed reducing the number of trees that can be removed and considered a policy of three, five, and seven trees based on property size. Some felt these numbers were too low, while others believed they were adequate given the high cost of tree removal. There was also discussion of educating staff and contractors to protect tree root systems during construction, prompted by a case in the Village of Larchmont where a 200-year-old tree was lost due to improper practices. Lastly, it was suggested to streamline the process and consider employing consultants to train staff on protecting trees during construction. The Board discussed implementing a policy of exempting certain tree removals for public projects. It was emphasized that public projects are presumed to be in the public interest, thus exempting them from certain regulations to ensure they can proceed without unnecessary delays. There were concerns about ensuring transparency and maintaining public trust. It was suggested that significant tree removals, especially heritage or large old-growth trees, should require a notification to the Town Board. This would provide an opportunity for discussion and public input, ensuring decisions are made with awareness of public sentiment. The issue of fines and tree replacement was discussed, with consensus that fines should be paired with mandatory tree replacements to ensure the law's effectiveness. It was also noted that the new law is more permissive than the previous one, allowing for certain actions as of right but still requiring permits and replacements. There were differing views on the number of trees that could be removed, with suggestions to reduce the numbers while considering the high cost of tree removal. The need for a balanced approach that protects trees while allowing necessary development was emphasized. The Board also discussed the importance of proper training for staff and contractors to protect tree root systems during construction, ensuring long-term tree health and preventing unnecessary removals. Lastly, Marion Hardart, representing the Larchmont Gardens Civic Association, thanked the Board for their discussion. 4. Executive Session Moved by Councilman King, seconded by Councilwoman Nichinsky, the Board moved into executive session to discuss the employment history of a particular individual and the potential sale of land. Carried Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the Board moved out of executive session and ended the meeting at 9:45pm. Carried REGULARLY SCHEDULED MEETING — November 1, 2023 Submitted by Allison May, Town Clerk