HomeMy WebLinkAbout2020_05_06 Town Board Minutes
May 6, 2020
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD MAY 6, 2020 BEGINNING AT 6:00 PM.
PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDER NO. 202.1, SUSPENSION OF LAW
ALLOWING THE ATTENDANCE OF MEETINGS TELEPHONICALLY OR OTHER SIMILAR
SERVICE:
Article 7 of the Public Officers Law, to the extent necessary to permit any public body to meet
and take such actions authorized by the law without permitting in public in-person access to
meetings and authorizing such meetings to be held remotely by conference call or similar
service, provided that the public has the ability to view or listen to such proceeding and that
such meetings are recorded and later transcribed;
PRESENT: Supervisor Nancy Seligson
Councilwoman Abby Katz
Councilwoman Jaine Elkind Eney
Councilwoman Sabrina Fiddelman
Councilman Jeffery L. King
ALSO PRESENT: Christina Battalia, Town Clerk
Stephen V. Altieri, Town Administrator
Connie Green O’Donnell, Deputy Town Administrator
William Maker, Jr., Town Attorney
CALL TO ORDER - WORK SESSION
Additionally Present: Lindsay Luft Administrative Assistant
On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Work Session was
unanimously opened at 6:00 p.m.
Update – Coronavirus Response
Supervisor Seligson reported on the Town’s most recent call with County officials. County Executive George
Latimer gave the criteria for reopening. The State has classified the Town as within the ‘Hudson Valley
Region’, for reopening purposes. There are seven criteria that need to be met to reopen. To date the
Hudson Valley Region has made three of the seven criteria. Supervisor Seligson read the list of criteria,
adding it will be placed on the Town’s website. There has been no final answer as to whether summer
camps will open, but the County Executive stated it was unlikely. The April Presidential Primary that was
rescheduled for June 23, will take place.
Residents have been concerned about requirements for masks, given the Governor’s Order’s, and Mr.
Altieri was asked to find out what the allowable enforcement is for the Town.
Update – Town Finances
Additionally Present: Tracy Yogman Town Comptroller.
The Town Board received a memo from the Town Administrator and Town Comptroller, titled ‘Fiscal Year
2020 Budget Report as of April 30, 2020, dated May 4, 2020. The Town Board also reviewed a memo
prepared by Mr. Altieri in response to Councilwoman Katz’ questions regarding the May 4 report. The Town
Board discussed these documents in detail. Supervisor Seligson stated that the Town is not in a financial
crisis at this point, in contrast to some other municipalities.
Discussion – Sanitation Commission Apportionment
The Town and the Village of Larchmont continue to discuss the budgetary apportionment of the sanitation
services. The apportionment has historically been based on weight, but with services changing, it is being
questioned as to whether that is equitable. Hiring a consultant to do a full analysis is being discussed with
the Village of Larchmont. The Village of Larchmont needed to move forward with approving their budget,
prior to any conclusion to these discussions, and therefore proceeded to use a 60% Town and 40% Village
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May 6, 2020
apportionment. This differs dramatically from the current apportionment of 53% Town and 47% Village and
will mean the Town will need to provide additional funding of $240,000 to cover the underage in funding.
Mr. Maker stated that based on his interpretation of the NYS Consolidated Law creating the Commission,
the apportionment should be based on tonnage, but the Village of Larchmont Attorney sites a different
Article in the NYS Consolidated Laws, which differs in interpretation. Mr. Maker further stated that he
believes the Article referenced by the Village of Larchmont attorney refers to building a physical plant, and
not to garbage collection. The Town Board stated the importance of receiving an interpretation by the NYS
Comptroller prior to hiring a consultant.
Town Code Enforcement
Based on inquiries from Town residents on the activity of the Town Code Enforcement, the Building
Inspector issued a report of the number of complaints logged from 3/1/2020 to 4/30/2020 and the nature
of the complaint. The Town Board reviewed the list and asked how it differed from 2019, and Mr. Altieri
stated he will check.
Update – Peddler’s Law
The Town Board requested a closed session to receive advice of Counsel and potential litigation. The Town
Board will enter into this session at the end of the Worksession.
New Business
Councilwoman Katz’ reported as the Town’s liaison to the Cable Board of Control, that future discussion
may need to take place regarding the distribution of franchise fees. The Town Board asked Mr. Altieri to
prepare financials to have a more detailed discussion at an upcoming Board Meeting.
It was discussed that the Comprehensive Plan cannot be put off indefinitely. As residents are becoming
more affiliated with online formats, this may be a time to try and reach out to the community in that way.
Supervisor Seligson discussed this with Peter Feroe and his associates at AKRF about beginning to reach out
to the community in a different way than they had planned before the coronavirus. AKRF also asked if the
Town’s priorities have changed - the world is quite different now then it was a few months ago, and people
are more incentivized about their community. Supervisor Seligson asked AKRF to create a memo to help
the Town begin new discussions. There was also some feeling that this would not be a good time, as the
Town may get ‘stressed’ responses, but the Board is open to further discussion.
Supervisor Seligson was approached about creating a recovery committee. Connecticut is moving on this
and has asked various individuals from different aspects of the community to join a committee. The Town
Board agreed it was worth discussing with representatives in Connecticut about how they have comprised
their committee.
The Town Board discussed a recent email from Kate Beebe regarding her continued concerns. The Town
Board noted that three of the concerns had already been addressed during the State of Emergency.
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Board unanimously
agreed to enter into an Executive Session to discuss potential litigation and appointments to Boards and
Commissions.
EXECUTIVE SESSION
Potential Litigation
Appointments to Boards and Commissions.
On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Board unanimously agreed to
resume the Regular Meeting.
CALL TO ORDER - REGULAR MEETING
The Regular Meeting of the Town Board was called to order by Supervisor Seligson at
7:30 p.m.
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May 6, 2020
Supervisor Seligson noted that this is a virtual continuation that began as a worksession beginning at five
thirty o’clock this evening.
PUBLIC INFORMATION MEETING – Waverly Avenue Bridge
Supervisor Seligson introduced the Town Engineer, Rob Wasp who will be the presenter this evening.
Mr. Altieri began by stating that this public presentation is required under the grant that was received for
this project, and part of the ongoing outreach underway throughout the design process. Mr. Wasp
introduced Jared Anderson of HVEA Engineers. The project is the replacement of the Waverly Avenue
Bridge over the Sheldrake River which will address structural deficiencies and minimize flooding, in
accordance with designs from the Army Corp of Engineer’s study recommendations. Mr. Wasp continued
with a PowerPoint presentation for the public. A SEQR resolution was presented to the Town Board for
approval. There will be a public comment sheet on the Town website. The open comment period will last
until Friday, May 29. The Town Board noted that this is a highly trafficked area and rerouting will have a big
impact. Mr. Wasp noted that meetings with Police and Highway to plan for this will be taking place.
Supervisor Seligson strongly recommended that this be presented to the Village of Mamaroneck residents
at a public meeting as well.
On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following was approved,
WHEREAS, the Town of Mamaroneck plans to replace the Waverly Avenue Bridge over the
Sheldrake River, and
WHEREAS, the new bridge will be constructed in the same general location as the bridge it will
replace.
NOW, THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby determine that the replacement
of the Waverly Avenue Bridge over the Sheldrake River is a Type II action under the State
Environmental Quality Review Act (SEQRA) and that no further action pursuant to SEQRA is
required.
The above resolution was put to a roll call vote:
Commissioner King Aye
Commissioner Fiddelman Aye
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Seligson Aye
SUPERVISOR’S SUMMARY REPORT
The Town of Mamaroneck government continues to serve the community during these challenging
times. Since our last Town Board meeting, the County working with the Town Supervisors and
County Board of Legislators provided two opportunities for tax relief on the property taxes that
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were due April 30. If you have not yet paid those taxes, you are still eligible to take advantage of
the reduced penalty rates for late payments.
Westchester County issued masks to all municipalities in the County including Villages. The Town
was issued 3500 masks and they were delivered by County Executive George Latimer and County
Legislator Catherine Parker. We provided the masks to senior citizens and those that participate in
the Town food programs. The masks are now available to residents who live in the unincorporated
area of the Town as long as the supply lasts. Village Residents should check with the Villages for
availability.
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The Town remains under a State of Emergency that was originally issued on March 16. It will be
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will be reconsidered for renewal on May 16. Under the State of Emergency, I have banned the
use of gasoline powered leaf blowers, suspended overnight throughout the Town and alternative
side of the street parking in Washington Square, extended the taxable status date for assessment
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to June 1, and extended expiring building permits for 60 days.
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May 6, 2020
Steve Altieri and I continue to participate in conference calls with the County every Monday,
Wednesday and Friday. Today Letitia James, NYS District Attorney spoke on the call about the
activities of her office to protect NYS residents during the pandemic. Senators Chuck Schumer and
Kirsten Gillibrand joined us on previous calls in the past two weeks.
The Mayors of the Villages, Tom Murphy and Lorraine Walsh and I participate in a live LMCTV
interview show on Thursday nights at 7:30 pm. Please call or email your questions for us to
LMCTV. I also do an 8:35 am radio show on WVBOX, am 1460.
CITIZEN’S COMMENTS
None
BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind
Eney, seconded by Commissioner Fiddelman, the Board of Fire Commissioners was unanimously declared
open.
Present were the following Members of the Commission:
Commissioner: Nancy Seligson
Commissioner: Abby Katz
Commissioner: Jaine Elkind Eney
Commissioner: Sabrina Fiddelman
Commissioner: Jeffery L. King
1. FIRE CLAIMS
On motion of Commissioner Elkind Eney, seconded by Commissioner King, it was
RESOLVED that this Commission hereby authorizes payment of the following
Fire Department Claims as approved by the Fire Chief and audited by the
Comptroller’s Office:
VENDOR DESCRIPTION Amount
Scott parts & Air paks, Fire Research Tripod Light repair, hydrotest &
AAA Emergency supply Co recharge, fire extinguisher inspection $ 814.65
Amazon Lysol, safety glasses, air filters, batteries, facial tissues, air freshners etc. 652.09
Dorbacher, David Reimb. For fuel for U-56 - Montour Falls training 49.25
Grainger CFL bulb 3.24
Grainger Replacement hose reels 210.48
Ready Refresh Water Cooler rental 2/19-3/18/2020 122.96
Rickert Lock & Safe Replacement of lock cylinder & keys 150.00
Sound Shore Pest Control Exterminating services on 3/23/20 65.00
UniFirst Corp. Cleaning supplies 1/24, 3/27, 4/3, 4/10, 4/17/2020 564.07
United Overhead Door Corp. Repair overhead door 363.98
Verizon TMFD 300M Redundant Circuit 3/26-4/25/2020 266.98
Verizon Fire HQ SVC 4/10-5/9/2020 261.76
WJWW 205 Weaver St. Charges 2/26/20-3/25/20 33.33
Total $ 3,557.79
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May 6, 2020
The above resolution was put to a roll call vote:
Commissioner King Aye
Commissioner Fiddelman Aye
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Seligson Aye
2. Other Fire Department Business
Commissioner Elkind Eney read the Fire Report for the Month of April as submitted by Chief Russo as
follows:
April 2020
ALARM TYPE NUMBER
Generals 21
Minors 20
Stills 2
Out of Town (Mutual Aid) 1
EMS 32
Drills 0
TOTAL 76
Total number of personnel responding: 402
Total time working: 23 hours and 18 minutes
The Fire Department is developing new protocols to provide the same high level of protection to the
community while assuring the safety of its members during the pandemic. Additionally, the Fire
Department recognized that during the pandemic children are missing out on their birthday celebrations,
and have offered to residents' children birthday drive-by. These have become extremely popular; there
were 17 in April and 23 scheduled for May.
There being no further business to come before the Commission, on motion of Commissioner Elkind Eney,
seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened.
AFFAIRS OF THE TOWN
1. SEQR Resolution – Waverly Avenue Bridge
Motion took place during the public presentation above
2. Authorization - Westchester County Transportation Agreement – Senior Citizens
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was
RESOLVED, that the Mamaroneck Town Board does hereby authorize the Agreement between
the Town of Mamaroneck and the County of Westchester, to provide Nutrition Site
Transportation and Supportive Services Transportation to elderly residents, and
BE IT, FURTHER
RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on
behalf of the Town.
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May 6, 2020
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
3. Authorization - Westchester County / New York State Transportation Agreement Senior Citizens
Authorization - Westchester County Transportation Agreement – Senior Citizens
On motion of Councilwoman Fiddelman, seconded by Councilman King, it was
RESOLVED, that the Mamaroneck Town Board does hereby authorize the Agreement between
the Town of Mamaroneck and the County of Westchester, for State funding for senior citizen
transportation services, and
BE IT, FURTHER
RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on
behalf of the Town.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
4. (a) Report of Bids – Contract TA-20-02 Senior Center Banquet Room Renovation
On motion Councilwoman Elkind Eney, seconded by Councilman King, the following was approved,
WHEREAS, on March 27, 2020 the Town publicly opened and read seven (7) bids for Contract
TA-20-02 Senior Center Improvements – Banquet Room Renovations, and
WHEREAS, the low bidder, RJM Construction Associates, submitted a written request for
withdrawal of their proposal, citing unforeseen schedule/availability impacts imposed by
the COVID-19 pandemic.
NOW, THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-20-02 Senior Center
Banquet Room Renovation, to the second lowest responsible bidder meeting all of the Town’s
requirements, Mohegan Park Contractors, Inc., of New Rochelle, at a total cost including alternates
of $334,900.00, and
BE IT, FURTHER
RESOLVED, that the Town Administrator is hereby authorized to execute said contract on behalf of
the Town.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
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May 6, 2020
(b) Authorization – Transfer of Funds – Senior Center Renovation
On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds in the
amount of $215,326.00, as detailed by the Town Comptroller in the following schedule:
2020 CAPITAL BUDGET AMENDMENTS
Item # CAPITAL FUND (FUND H): Amount
1 Revenue H.0000.5031.2019.58 Transfer from General Fund Increase $ 215,326
Expense H.6772.0400.2019.58 Senior Center Building Improvs Increase 215,326
Item # GENERAL FUND (FUND A):
2 Expense A.9900.9950 Transfer to Capital Increase $ 215,326
Income A.0000.5995 Appropriated Fund Balance Increase $ 215,326
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
5. Consideration – Resolution of Dedication of Highclere Court Subdivision
RESOLUTION
Dedication of Roadway & Related Improvements for
“Highclere Court”
Durham Road Subdivision
Town of Mamaroneck, New York
On motion of Councilmember Eney, seconded by Councilmember King, the following was presented for a
vote by the Town Board of the Town of Mamaroneck:
WHEREAS, the subdivision known as Durham Road Subdivision was approved by Planning Board
resolution at its meeting on November 13, 2013, and
WHEREAS, construction of new roadway and related sewer infrastructure improvements to Town
of Mamaroneck specifications by Highclere Court, LLC was included as a condition for the approval
of the subdivision, and
WHEREAS, the intention was for Highclere Court, LLC to dedicate said infrastructure to the Town
of Mamaroneck upon completion; and
WHEREAS, the Town has received such documentation including as-built surveys, subdivision
plans, utility plans, public and private easements agreements, Westchester County Board of Health
Approval Letters, Homeowner’s Agreement Policies, Inspection Records and Material
Certifications, and
WHEREAS, the Engineering Department and Highway Department have performed final
inspections on all public improvements for Highclere Court and now deem it to be in proper
condition for dedication, and
WHEREAS, the Town will hold a maintenance bond in the amount of $35,000 for a period of two
years in the event that any public improvements should fail during that period.
NOW THERFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby accepts dedication of Highclere Court
as Town Road, but only if Highclere Court, LLC furnishes the Town (a) with a title insurance policy
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May 6, 2020
with $50,000 of coverage from a reputable title company licensed to do business in the State of
New York insuring that upon acceptance of a deed from Highclere Court, LLC, the Town will have
title to the road(s) depicted on the subdivision plat filed in the office of the Westchester County
Clerk as subdivision plat #28764, free and clear of any liens, other than easements for utility lines
and (b) a properly executed deed, recorded in the office of the Westchester County Clerk, that
transfers title to the road(s) to the Town, and
BE IT FURTHER RESOLVED, that the Town Administrator hereby is authorized to execute on behalf
of the Town such deed and the other documents that must be executed in order for such deed to
be recorded.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
6. Love Your Food – Food Scrap Cooking Demonstration Agreement
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the following was approved;
WHEREAS, the Town has received a grant from the State of New York, among other things, to
conduct cooking demonstrations at the Food Pantry and the Farmer’s market.
NOW THERFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement between the
Town of Mamaroneck and Damon Versaggi, to conduct six three-minute virtual cooking
demonstrations, for a total price of $1,000.00, to demonstrate how commonly discarded food
scraps can be transformed into nutritious meals.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
7. Authorization – Change of Date for Tentative Assessment Role and Filing Grievances
On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following was approved,
RESOLUTION
Change in the dates for promulgating the 2020 tentative assessment roll and
for filing administrative complaints with respect thereto.
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the following was approved;
WHEREAS, the Assessor is required by law to promulgate a tentative assessment roll on or before
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June 1 of each year and persons wishing to file complaints with respect to assessments appearing
on the tentative assessment roll are required to do so by the third Tuesday of June in the year that
such roll is promulgated, and
WHEREAS, Governor Andrew Cuomo’s Executive Order No. 202.22 granted to towns in
Westchester County a local option (a) to allow for the filing of the 2020 tentative assessment roll
up to 30 days after such rolls otherwise are required to be filed and (b) to set a date for filing
administrative complaints with respect to the 2020 tentative assessment roll that is twenty-one or
more days after the filing of the tentative assessment roll.
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May 6, 2020
NOW, THEREFORE, BE IT
RESOLVED, that the Assessor of the Town of Mamaroneck hereby is directed to promulgate the
Town’s 2020 tentative assessment roll on or before June 30, 2020, and
BE IT FURTHER
RESOLVED, that anyone wishing to file a complaint with respect to any entry on the 2020 tentative
assessment roll (commonly referred to as a “grievance”) may do so no later than July 21, 2020, and
BE IT FURTHER
RESOLVED, that the Town Board shall hold in abeyance any decision to exercise the other options
given to the Town by Executive Order No. 202.22 with respect to the 2020 assessment process,
namely whether to have the publication of the tentative assessment roll be done solely online,
whether to suspend in-person inspection of the tentative assessment roll, whether to allow the
Board of Assessment Review Board to hear complaints remotely by conference call or similar
service and whether to extend the date for the filing of the 2020 final assessment roll, so that the
Town Board can evaluate the conditions and determine the needs of its citizens and taxpayers at
a later period.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
8. Consideration of Certiorari
On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the following tax
certiorari on the following terms:
Dennis Barry
2362 and 2364 Boston Post Road
Section/Block/Lots: 6-15-245 and 250
Section 6, Block 15, Lot 245
Year Assessment Reduction Resulting Assessment
2015 $900,000 $-0- $900,000
2016 $900,000 $-0- $900,000
2017 $1,150,000 $250,000 $900,000
2018 $1,150,000 $250,000 $900,000
2019 $1,150,000 $250,000 $900,000
Section 6, Block 15, Lot 250
Year Assessment Reduction Resulting Assessment
2015 $500,000 $250,000 $250,000
2016 $500,000 $250,000 $250,000
2017 $500,000 $250,000 $250,000
2018 $500,000 $250,000 $250,000
2019 $500,000 $250,000 $250,000
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May 6, 2020
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
APPROVAL OF MINUTES
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby approve
the Board Minutes from the meeting of April 15, 2020.
REPORT OF COUNCIL
The Town Board Members reported on their various activities and meetings since the last Town Board
Meeting.
ADJOURNMENT
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the meeting was
unanimously adjourned.
________________________________
Submitted by
Christina Battalia, Town Clerk
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