HomeMy WebLinkAbout2020_06_17 Town Board Minutes
June 17, 2020
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD JUNE 17, 2020 BEGINNING AT 5:00 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: Tracy Yogman Town Comptroller and Lindsey Luft Assistant to the Town
Administrator
On motion of Councilwoman Fiddelman, seconded by Councilman King, the Work Session was unanimously
opened at 5:00 p.m.
Proposed Hommocks Pool Opening
Additionally Present: Jill Fisher, Superintendent of Recreation
The Town Board reviewed an outline of the Tentative Hommocks Pool Rules and Procedures During COVID-
19 Public Health Emergency, as well as the guidelines issued by the NYS Department of Health for Pool
opening and the Pool Revenue Projection Report July/August 2020. As explained by Ms. Fisher, the
proposed plan would be for residents to sign up for a three hour shift. Each shift would have a maximum of
85 persons at one time. With five shifts per day, the anticipation is to serve up to 365 residents per day.
Payments would be made at the time of sign up. Residents would be charged for a ‘no show’, and there
would be no refunds. Additionally, there will be no concessioner. The Town Board recommended the fee of
$5.00, and Ms. Fisher will bring that recommendation to the Recreation Commission.
2019 Financial Audit
Additionally Present: Alan Kassay of O’Connor Davies.
The Town Board received the PowerPoint presentation prepared by the Auditors, and presented in detail
to the Town Board by Mr. Kassay. This will be available to the public on the Town’s website. The Board also
received the Report to Those Charged with Governance December 31, 2019, the 2019 Control Deficiencies
Report, including the Town’s responses, and the Financial Statements and Supplementary Information for
the Fiscal Year Ending December 31, 2019. All of these reports were reviewed in detail by the Town Board.
2020 Financial Update
The Town Board received the Fiscal Year 2020 Budget Projects Report dated June 17, 20-20, prepared by the
Town Administrator and the Town Comptroller. The Town Board discussed the financials in detail. Ms.
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Yogman noted that the fund balances will be sufficient to carry the Town through 2020, and the Town will
have to see how these balances look for 2021.
LMCMedia Budget/Board of Control
As Treasurer for the LMCMedia Board of Control, Ms. Yogman prepared budget projections for 2020-2022,
as well as financial recommendations through 2022. It was noted that franchise fees are down 3%, and this
will most likely be a continuous downward trend. Councilwoman Katz reported on the recent meeting of
the Board of Control, highlighting that LMCMedia has hired a professional fundraiser.
Councilwoman Katz asked the Town Board to discuss and determine what the Town’s financial role should
be moving forward with respect to LMCMedia.
Proposed Sewer Televising Agreement - Village of Mamaroneck
The Town Board received a memo from Mr. Altieri outlining the shared service agreement as well as the
agreement itself. Mr. Altieri stated that he is not asking the Town Board to take action this evening, but
rather wait until the Village of Mamaroneck has had a chance to meet and review the agreement.
New Business
The Town Board reviewed the procedures for this evening’s public hearings, noting that Lyndsey Luft will
be monitoring the public comments via email. The Town Board discussed whether to renew the ability to
remove rock, now that school is over and construction in New York State has resumed. The Town Board
was comfortable with this, but would like to add the new restrictions proposed in the current amendment
to the law. With respect to the current laws under suspension, the Town will maintain the overnight street
parking suspension through the summer and remove the ‘red bags’ on the meters along Myrtle Blvd and
Madison Avenue.
ADDED ITEM
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The Town Board discussed and set the July meeting date for July 15. This was added to the regular agenda
for this evening.
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Board unanimously agreed
to enter into an Executive Session to discuss acquisition of land, sale of land, and appointments to Boards
and Commissions.
EXECUTIVE SESSION
Acquisition of Land
Sale of Land
Appointments to Boards and Commissions
On motion of Councilwoman Fiddelman, 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
8:00 p.m.
Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this
evening.
SUPERVISOR’S SUMMARY REPORT
The community had two meaningful events in response to the racial injustice information wave
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that has upset all of us. Kayla Yan, a MHS high school student organized a march on June 5 that
was attended by 1,000 people. We marched from Harbor Island Park to Flint Park with the
cooperation and assistance of the three municipal police departments. Most of the marchers
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were young people and students. There were heartfelt speeches and chants in Flint Park under a
downpour of rain. The mood was united and supportive especially as drivers on the Post Road
honked and yelled their support.
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On June 10, the Town of Mamaroneck along with the Villages of Mamaroneck and Larchmont
organized a Community Gathering for Racial Justice and Equality in Memory of George Floyd.
Councilman Jeff King was the master of ceremonies and he did a wonderful job running the event
and sharing his thoughts and experiences with the crowd of 700 people in Harbor Island Park. Jeff
set the tone with his meaningful remarks in his calm and comfortable manner. We thank the
other speakers including members of the clergy and student Kayla Yan. Thank you to the Village
of Mamaroneck for hosting the event.
We are officially in Phase 2 of the reopening with outdoor dining, limited retail, and
administrative offices open. It’s wonderful to see our local restaurants setup for outdoor dining
and the enthusiastic response from residents. The reopening helps to make all of us feel better.
Remember we still must wear masks in public if we can’t separate by 6 feet gatherings must be
limited to 10 people. The numbers of virus cases and hospitalizations continues to decrease, and
we want to keep it that way. We don’t want to have a spike in cases so please continue to take
careful precautions. County Executive George Latimer held a press event at the Town Fire House
today to deliver PPE, masks to the Town and Village of Larchmont. Police Chief Paul Creazzo and
Fire Chief Joe Russo attended along with Councilmembers Jaine Elkind Eney and Sabrina
Fiddelman. Congressman Eliot Engel, County Legislator Catherine Parker and Larchmont Village
mayor Lorraine Walsh all participated.
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We have a target date of June 29 to open the Hommocks Pool complex. We are working with
the school district and within the state guidelines to develop operating procedures. Currently, the
plan is to ask residents to make reservations to use the pool so we can keep the capacity within
the guidelines. We will have 4 two hour sessions a day.
The Town has planned to paint sharrows on certain streets in the Town for the past year.
Sharrows are white arrows with a bicycle silhouette to remind drivers to share the roads with
other users including bicyclists and pedestrians. The painting should begin tomorrow on Fenimore
Road. The other roads to be painted are portions of N Chatsworth, Rockingstone, and Myrtle.
The Town Board reviewed the 2019 Financial Audit during the work session this evening.
Accountant Alan Kassay of PKF O’Connor Davies presented the financial information. The final
audit will be available on the Town website.
Please complete the 2020 Census Update if you haven’t already done so. Go online to access the
Census forms. We need everyone to complete the Census. It will determine our representation in
Congress and the State as well as determine the amount of federal and state aid that the Town
receives.
CITIZEN’S COMMENTS
Supervisor Seligson asked Lyndsey Luft, who is manning the emails for this evening’s public comment, if she
has received any public comment, and she has not.
PUBLIC HEARING – “2020 Revision of the Mechanical Rock Removal” 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, and further pursuant to Executive Order No. 202.1 Suspension of Article 7 Public Officers Law,
a Public Hearing will be held on Wednesday, June 17, 2020 at 7:30 PM or as soon thereafter as is
possible, telephonically from the Town Center, 740 W. Boston Post Road, Mamaroneck, New York
to consider, “2020 Revision of the Mechanical Rock Removal” Law.
Purpose:
The Town Board continues to monitor the impact of mechanical rock removal upon the health, safety
and welfare of the Town’s residents with a goal of balancing people’s right to develop their
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properties with a neighborhood’s right to tranquility, to the extent possible. Among the concerns
that have arisen are the need to mitigate the spread of dust and other particulates during both the
hammering of rock and its removal from the site, and the need to decrease the number of hours per
day when mechanical rock removal may take place. Another concern is that on those occasions
when the rock to be removed is more difficult to break than could have been reasonably anticipated
or when there are mechanical difficulties in the operation, the developer must redouble its efforts
since the 15-day life span of a rock removal permit continues unabated. This additional effort has
created situations where disturbance to peace and quiet is exacerbated. The disruption in everyday
life should be decreased if a developer is permitted to suspend the rock removal permit in order to
replace broken equipment, adjust to weather conditions, or to utilize different modes for removing
rock, such as drilling before hammering, while still allowing only 15 working days of mechanical rock
removal. This revision in the law furthers the goal.
The full text of this document can be viewed on the Town’s website,
www.townofmamaroneckNY.org, or by calling the Town Clerk’s Office at 914-381-7870, for a mailed
copy.
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an
opportunity to be heard and that all persons are invited to submit written comments at or prior
thereto. Public participation at the virtual public hearing will be as follows: viewing via
https://lmctv.org/live-meetings-on-lmctv/ and email comments may be directed to the Town Board at:
publicqc@townofmamaroneckNY.org.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Published: June 10, 2020
On motion of Councilwoman Katz, seconded by Councilman King, the Public Hearing was unanimously
opened.
Supervisor Seligson asked Lyndsey Luft, who is manning the emails for this evening’s public comment, if she
has received any public comment, and she has not.
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was
unanimously adjourned until July 15, 2020.
PUBLIC HEARING – “Setting the Time Limits and Fees for Peddling and Soliciting and Creating an Option for
Residents to Prohibit Peddling and Soliciting” Law
The following Notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
PUBLIC HEARING – LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law
of the State of New York, and further pursuant to Executive Order No. 202.1 Suspension of Article 7
Public Officers Law, a Public Hearing will be held on Wednesday, June 17, 2020 at 7:30 PM or as soon
thereafter as is possible, telephonically from the Town Center, 740 W. Boston Post Road,
Mamaroneck, New York to consider, “Setting of Time Limits and Fees for Peddling and Soliciting, and
Creating an Option for Residents to Prohibit Peddling and Soliciting” law.
Purpose:
While the Town Board believes that the majority of its citizens would prefer not to receive peddlers
and solicitors at their front doors in the evening, the Board is mindful of federal cases, such as New
York Community Action Network v Town of Hempstead (601 F Supp 1066 \[EDNY 1984\]) which have
held that solicitation is commercial free speech protected from undue regulation by the First
Amendment to the United States Constitution. This law is designed to bring the Town’s regulation of
peddling and soliciting within the scope of the rulings in such cases.
The full text of this document can be viewed on the Town’s website, www.townofmamaroneckNY.org,
or by calling the Town Clerk’s Office at 914-381-7870, for a mailed copy. Public participation at the virtual
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June 17, 2020
public hearing will be as follows: viewing via https://lmctv.org/live-meetings-on-lmctv/ and email
comments may be directed to the Town Board at: publicqc@townofmamaroneckNY.org.
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an
opportunity to be heard and that all persons are invited to submit written comments at or prior
thereto.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Published: June 10, 2020
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Public Hearing was
unanimously opened.
Supervisor Seligson asked Lyndsey Luft, who is manning the emails for this evening’s public comment, if she
has received any public comment, and she noted that one email had been received in favor of the local law.
On motion of Councilwoman Katz, seconded by Councilman King, the Public Hearing was unanimously
closed.
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the following local law
was adopted,
Local Law No. 6 - 2020
This local law shall be known as the “Setting of Time Limits and Fees for Peddling and
Soliciting, and Creating an Option for Residents to Prohibit Peddling and Soliciting” law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
While the Town Board believes that the majority of its citizens would prefer not to receive
peddlers and solicitors at their front doors in the evening, the Board is mindful of federal cases, such
as New York Community Action Network v Town of Hempstead (601 F Supp 1066 \[EDNY 1984\]) which
have held that solicitation is commercial free speech protected from undue regulation by the First
Amendment to the United States Constitution. This law is designed to bring the Town’s regulation
of peddling and soliciting within the scope of the rulings in such cases.
Section 2 – Amendment of a current section of the Mamaroneck Code:
Section 154-10 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§154-10. Prohibited times for peddling and soliciting.
No person shall barter, sell, peddle, hawk or vend goods, wares, merchandise, produce or services
of an established business upon the streets, roads, highways or public places of the Town or by going
from house to house soliciting purchases before 9:00 a.m. (prevailing time) or after the later of 6:00
p.m. (prevailing time) or sunset.
Section 3 – Amendment of a current section of the Mamaroneck Code:
Section 154-11 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§154-11. Resident’s decision not to allow solicitation.
A. Any person who does not want in-person solicitation upon the private property that he/she owns or
occupies may advise the Town of his/her objection to solicitation through a written or electronically
transmitted notice either mailed or transmitted to the Town Clerk that includes the following
information:
1. The name of the person(s) filing the objection.
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June 17, 2020
2. That person(s)’ address.
3. The date that a “No Solicitation”, “No Peddlers” or a sign conveying that message was erected on
the property that the person owns or occupies.
B. The Town Clerk shall prepare, and from to time update, a list of the names and addresses of the
persons who advise of their decision not to allow in-person solicitation and either shall deliver such
list to the Police Department and the Building Department or provide those departments with
electronic access to that list. Periodically, but not less than annually, the Town Clerk may, but is not
required to, ask the persons appearing on the list whether they wish to remain on the list. The Town
Clerk shall strike from the list those persons who affirmatively state that they no longer wish to be
on the list and may, but is not required to, strike the name of any person who does not respond
within 30 days after the Town Clerk’s inquiry shall have been sent.
C. It shall be a violation of this chapter for any person to barter, sell, peddle, hawk or vend goods,
wares, merchandise, produce or services of an established business on private property included on
the list prepared by the Town Clerk pursuant to section 154-11 B. of the Code if a “No Solicitation”,
“No Peddlers” or a sign conveying that message is prominently displayed on that property.
Section 4 – Addition of a new section to the Mamaroneck Code:
The Code of the Town of Mamaroneck hereby is amended by adding the following section
thereto:
§154-12. Penalties for violating this chapter.
A. Any person violating any provision of this chapter shall be guilty of a violation punishable by a fine
of not less than $250 and not more than $500.
B. Every incident of a person violating a provision of this chapter shall be a separate violation, even if
committed on the same day.
Section 5 – Amendment of a current section of the Mamaroneck Code:
Section A-250-1 of the Code of the Town of Mamaroneck hereby is amended by repealing
the part thereof that reads:
§ 154-7A Peddling $125
license,
vehicle
§ 154-7B Peddler's $125
license
and substituting the following in its place:
§ 154-6 Peddling $50
license, vehicle
§ 154-6 Peddler's $50
license
Section 6 – Addition of a new section to the Mamaroneck Code:
The Code of the Town of Mamaroneck hereby is amended by adding the following section
thereto:
§154-13. Severability.
Should any provision of this chapter be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other
provisions of this chapter, which may be implemented without the invalid or unconstitutional
provisions.
Section 7 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court
of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
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June 17, 2020
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 8 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind
Eney, seconded by Commissioner Katz, 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 Fiddelman, 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:
ATTACHEMENT A
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
There being no further business to come before the Commission, on motion of Commissioner Fiddelman,
seconded by Commissioner Elkind Eney, the Commission unanimously adjourned and the Town Board
reconvened.
AFFAIRS OF THE TOWN
1. Authorization - Westchester County Contract WIN Program
On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the Intermunicipal
Agreement with the County of Westchester for the Wellness in the Nutrition Program and the
Nutrition Services Incentive Program, PY 2020-2021, and
BE IT, FURTHER
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June 17, 2020
RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on
behalf of the Town.
2. Authorization - Westchester County Contract Hotline System – Police Department
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement
between the County of Westchester and the Town of Mamaroneck, for the County to
provide Hotline 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
3. Authorization – Cybersecurity Engagement Letter
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the proposal from
O’Connor Davies dated June 2, 2020, to provide the Town with Cybersecurity Awareness
Training, at an annual fee not to exceed $7,500.00.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
4. Consideration of Certiorari
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the following tax
certiorari on the following terms:
FMF Mamaroneck Realty LLC
624-628 Old White Plains Road
Section/Block/Lot: 8-23-578 and 581
Town of Mamaroneck/Village of Mamaroneck
Lot 578
Year Current Assessment Reduction Resulting Assessment
2015 $590,000 $158,000 $432,000
2016 $590,000 $150,500 $439,500
2017 $590,000 $128,000 $462,000
2018 $590,000 $120,500 $469,500
2019 $590,000 $98,500 $491,500
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June 17, 2020
Lot 581
Year Current Assessment Reduction Resulting Assessment
2015 $1,390,000 $372,000 $1,018,000
2016 $1,390,000 $354,500 $1,035,500
2017 $1,390,000 $302,000 $1,088,000
2018 $1,390,000 $284,500 $1,105,500
2019 $1,390,000 $231,500 $1,158,500
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
ADDED ITEM
5. Set Date – July Town Board Meeting
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby set the July 2020
Town Board meeting date for July 15, 2020.
APPROVAL OF MINUTES
On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was
unanimously
RESOLVED, that the Mamaroneck Town Board does hereby approve
the Board Minutes from the meeting of June 3, 2020.
REPORT OF COUNCIL
The Town Board Members reported on their various activities and meetings since the last Town Board
Meeting.
ADJOURNMENT
The meeting was closed in memory of Dorothy Puleo. Dorothy was a beloved employee in the Recreation
Department, and the mother in law of Eileen Puleo, a current employee with the Recreation Department.
Our thoughts go out to the Puleo family.
On motion of Councilwoman Elkind Eney, seconded by Councilman King, the meeting was unanimously
adjourned.
________________________________
Submitted by
Christina Battalia, Town Clerk
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June 17, 2020
ATTACHMENT A
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