HomeMy WebLinkAbout2020_04_15 Town Board Meeting Packet TOWN BOARD MEETING
WORKSESSION AGENDA
WEDNESDAY, APRIL 15, 2020 @ 6:00PM
PURSUANT TO THE STATE'S SUSPENSION OF THE OPEN MEETINGS LAW,THE
TOWN BOARD MEETING will go out live on LMCTV's channel 76 Optimum and 35
Verizon/Fios as well as the www.lmctv.org website. Direct link is as follows:
http://vod-Imctv.cablecast.ty/cablecastapi/live?channel id=2&use cdn=true
THE TOWN BOARD WILL BE DISCUSSING THE WORK SESSION ITEMS BELOW:
1. Rock Removal
(See attached).
2. Capital Project Report
(See attached).
3. Peddler's Law
(See attached).
4. Coronavirus Update
(No attachment).
5. New Business
O 9
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Town of Mamaroneck
,U1 m County of Westchester
740 West Boston Post Road, Mamaroneck, NY 10543-3353
. EDUN DED 16E1.
COUNSEL TEL: 914/381-7815
FAX: 914/381-7809
WMakerk@TownofMamaroneckNY.org
MEMORANDUM
To: Supervisor and Members of the Town Board
ccs: Stephen V. Altieri, Town Administrator
Christina Battalia,Town Clerk
Richard Polcari,Building Inspector
From: William Maker,Jr.,Attorney for the Town
Subject: Local law regarding Rock Removal
Date: April 3,2020
The Building Inspector had no additional comments on the draft law that the
Board reviewed at its April 1 meeting. Because the only alteration was to change the 30-
day outer limit to 45 days in paragraphs C. and D. and in the notice to neighbors
(paragraph G. (1) (a), I attach only a clean copy.
Lit't
toPrinted on Recycled Paper
Local Law No. -2020
This local law shall be known as the "2020 Revision of the Mechanical Rock Removal" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -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 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.
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 106-58.1 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§106-58.1 Duration and hours for mechanical rock removal.
As used in this section, the following terms shall have the meanings indicated:
A. MECHANICAL MEANS
The use of any tools that are not operated solely by human muscular power.
Explosives and the tools used in connection therewith shall not be considered
mechanical means.
ORIGINAL INFRASTRUCTURE
Streets and curbs, and the lines, pipes, culverts and conduits used for transporting
potable water, storm water, sewage and utilities, such as gas, telephone, electricity,
cable television and Internet service,that are built on land subdivided after February
1, 2004, if the subdivision plat creating the lots in that subdivision also created one
or more new private or public streets or created extensions to any existing private or
public street.
ROCK
Natural stone and non-impervious concretions created by humans such as macadam,
concrete and bricks.
ROCK REMOVAL
The reduction in size of rocks by mechanical means and the removal of such rock
from the subject property in any residence district or in the Recreation District of the
Town of Mamaroneck
ROCK REMOVAL PERMIT
A permit issued for rock removal on a subject property.
SUBJECT PROPERTY
A lot for which a rock removal permit is required,or land where the construction of
original infrastructure is to occur if such land lies outside a lot.
B. A rock removal permit is required for the removal of rock of any quantity. No rock
removal permit shall be issued until the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration approves the dust mitigation plan
submitted by the applicant. Such plan must incorporate the best dust control practices,
including but not limited to, a water spray system(air suppression or surface wetting)or
other practices that are considered best dust practices at the time the application for a rock
removal permit is made. The dust mitigation plan also must present the measures the
applicant intends to use to control water runoff as a result of water spraying. In the sole
discretion of the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration,air quality sampling may be required during the course of rock
removal.
C. Rock removal, other than for the construction of original infrastructure, shall be allowed
only on 15 days (not including Saturdays, Sundays and public holidays listed in§24 of
the New York General Construction Law) between the date specified for the
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commencement of rock removal contained in the notice to neighbors described in §106-
58.1 G and the forty-fifth(45th)calendar day after that date.The rock removal permit shall
contain the date after which rock removal no longer will be allowed to be done pursuant
to that permit. Upon a showing of undue hardship, the Building Inspector or the Director
of Building Code Enforcement and Land Use Administration may extend the last day on
which rock may be removed pursuant to a rock removal permit by up to five days. If the
number of additional days would include a day or days on which rock removal is
prohibited by this section, the extension period will bypass such days and resume on the
first day thereafter when rock removal is permitted by this section.
D. The holder of a rock removal permit may have its permit suspended by notifying the
Building Department that rock removal has stopped and requesting that the permit be
suspended. The Building Inspector or the Director of Building Code Enforcement and
Land Use Administration shall suspend the permit, record the date of notification and
record the number of days between the date that rock removal was scheduled to begin
and the date that the rock removal permit is suspended. Before resuming rock removal,
the holder of a rock removal permit shall notify the Building Department of the date that
it intends to resume whereupon the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration shall lift the suspension and record the date
when the rock removal is to resume. After a suspension is lifted,rock removal may occur
on the number of days that equals the difference between 15 and the number of days
recorded in accordance with the immediately preceding sentence,however,rock removal
may not occur beyond the forty-fifth (45th) calendar day after the date specified for the
commencement of rock removal contained in the notice to neighbors described in §106-
58.1 G, unless the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration grants permission to remove rock after the permit's expiration
date pursuant to§106-58.C.
E. For the construction of original infrastructure, rock removal shall be allowed only for the
180 days (not including Saturdays, Sundays and public holidays listed in§24 of the New
York General Construction Law) starting on the date specified for the commencement of
rock removal contained in the notice to neighbors described in §106-58.1 G. The rock
removal permit shall contain the date after which rock removal no longer will be allowed
to be done pursuant to that permit. Under no circumstances may rock removal for the
construction of original infrastructure extend beyond the one hundred-eightieth day
(180th) day after the date specified for the commencement of rock removal contained in
the notice to neighbors described in §106-58.1 G, unless the Building Inspector or the
Director of Building Code Enforcement and Land Use Administration grants permission
to remove rock after the permit's expiration date pursuant to§106-58.C.
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F. Before rock removal can begin, the applicant shall have a third-party conduct a survey of
the condition of all improvements existing on each lot (including lots lying outside the
unincorporated area of the Town of Mamaroneck) that either shares all or a section of a
lot line with the subject property or touches the subject property at a corner. If the
occupant of a lot to be surveyed refuses to allow a survey to be done, the applicant shall
submit an affidavit stating that he/she had attempted to gain access but was denied.
Submission of such an affidavit will obviate the requirement for a survey of that lot.
Notwithstanding the foregoing, a survey shall not be required if all of the rock removal
will be done using mechanical means that are designed to be handheld while operating.
G. Notice to neighbors; affidavit of mailing.
(1) No later than 10 days before rock removal commences, the following notice shall be
mailed to the owners of each lot that has a lot line lying within 150 feet of any lot line of
the subject property:
(a) For rock removal that is not the construction of original infrastructure:
"Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by mechanical
means, such as drills, jackhammers and other types of gas, diesel or electric powered
equipment is scheduled to begin on [INSERT DATE ROCK REMOVAL IS SCHEDULED TO
BEGIN]. The last day on which rock can be removed from this site by mechanical means is
[INSERT THE LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN
OCCUR].
Although this period is forty five (45) days, rock removal may occur only on fifteen (15) days
within that period. The permit holder may have its permit suspended by the Building
Department after rock removal is scheduled to begin.You can contact the Building Department
at 381-7830 to learn whether the rock removal permit has been suspended. If the permit is
suspended, the permit holder may resume rock removal after notifying the Building
Department of the date on which rock removal will resume. The days prior to the date of the
suspension shall count toward calculating the fifteen (15) days when rock removal may occur
so that rock removal will not be allowed to occur for more than a total of fifteen(15)days unless
the permit is extended upon a showing of undue hardship by the permit holder. Any such
extension can add no more than five (5) days for rock removal.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
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of the survey is to be able to determine whether and to what extent,rock removal may damage
your property. If you were not contacted about having a survey done,please contact the Town
Building Department at 914-381-7830 immediately.
The law does not permit rock removal by mechanical means to occur on Saturdays, Sundays
or public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after
4:00 p.m. (prevailing time) on those days when rock removal by mechanical means is
permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(b) For the construction of original infrastructure:
"Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by mechanical
means,such as drills,jackhammers and other types of gas,diesel or electric powered equipment
is scheduled to begin on [INSERT DATE ROCK REMOVAL IS SCHEDULED TO BEGIN]. The
last day on which rock can be removed from this site by mechanical means is [INSERT THE
LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN OCCUR]unless
the permit is extended upon a showing of undue hardship by the permit holder. Any such
extension can add no more than five (5) days for rock removal.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to be able to determine whether and to what extent, rock removal may damage
your property. If you were not contacted about having a survey done,please contact the Town
Building Department at 914-381-7830 immediately.
The law does not permit rock removal by mechanical means to occur on Saturdays,Sundays or
public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after 4:00
p.m. (prevailing time) on those days when rock removal by mechanical means is permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
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[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(2) An affidavit attesting to that mailing must be filed with the Building Department
before a rock removal permit can be issued for the subject property. The owner of the
subject property shall attest to that affidavit.
H. Rock crushing on the subject property is not permitted at any time.
I. There shall be no more than two machines and two hammers operating on the subject
property at the same time.
J. Motor vehicles used to transport particulate matter must be covered.
K. While on the subject property,any particulate matter must be sufficiently soaked or stored
to prevent the particulate matter from becoming airborne. The Building Inspector or the
Director of Building Code Enforcement and Land Use Administration may require
secured tarps or coverings made of plastic or other material to further reduce dust
emissions.
L. Rock removal shall not be permitted before 9:00 a.m. (prevailing time) or after 4:00 p.m.
(prevailing time) on days when rock removal is permitted. Notwithstanding the
prohibition on rock removal on Saturdays, an individual, acting alone, may remove rock
pursuant to a rock removal permit on the subject property where he/she resides on a
Saturday between the hours of 10:00 a.m.(prevailing time)and 3:00 p.m. (prevailing time).
M. No more than one rock removal permit shall be issued for a subject property within any
twelve-month period.
N. Any person who violates this section shall be guilty of a violation which shall be
punishable by a fine of not more than$1,000, and also shall be liable for the civil penalty
imposed by§ 106-55C of the Code.Each use of mechanical means to remove rock on a day
or at an hour when rock removal is prohibited by this section shall constitute a separate
offense.
0.. If there is a violation of this section by someone other than the owner of the subject
property, the owner of the subject property also shall be guilty of a violation which shall
be punishable by a fine of not more than$1,000,and also shall be liable for the civil penalty
imposed by§ 106-55C of the Code.
P. This section shall not apply to the removal of rock which is excavated without first being
reduced in size.
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Q. This section shall not apply to public utility companies, the United States of America,the
State of New York, the County of Westchester, the Town of Mamaroneck, the
Mamaroneck Union Free School District, the Villages of Larchmont, Mamaroneck or
Scarsdale or any independent contractors engaged by any of them.
Section 3-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
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4-Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
April 3,2020
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9 Town of Mamaroneck
W -: A m Town Center
740 West Boston Post Road,Mamaroneck,NY 10543-3353
. voun;cp
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
Memorandum saltieri@townofmamaroneckny.org
To: Supervisor and Town Board www.townofmamaroneckny.org
Re: Capital Project Status
Date: April 8,2020
Following up on the capital project report provided to the Board on April, 1 the attached report is
a more comprehensive summary of our current Capital Project List for 2020 and some pre-2020
projects. After meeting with staff, the report has been revised to include;the project budget,
method of financing and funds expended or encumbered to date.
In addition, we have added a status column with recommendations regarding the future of each
project. The preference would be to move forward with each project as originally planned when
the 2020 Budget was prepared. However, with the potential for loss revenue looming,the best
strategy is to pause and consider whether going forward with the capital projects is prudent.
For some projects that were underway prior to the COVID-19 situation,the recommendation is
to proceed. In some cases like the Ice Rink Locker Rooms and Town Center Rest Rooms, the
projects can proceed only when we are authorized to do so by the Governor's office. Some
projects are recommended for deferral to 2021. However, the recommendation for a majority of
the projects is to defer them until the third quarter of this year. At that time, the Town should
have a better idea of our financial position and can re-evaluate whether to move forward.
The other point to touch upon is the financing of the capital projects. Depending upon the final
decisions concerning projects that will move forward in 2020,the total funds to be borrowed is
between $7.7 and $12million. Right now,the bond market is incredibly volatile. Bond rates for
A rated paper has varied between 1.5%and 3.5%. Our rates would be slightly lower as an Aaa
rated community. At this point,the Comptroller and I believe that it may be best to borrow on a
Bond Anticipation Note for one year. While we cannot predict what the 2021 market will be for
municipal bonds,the market should be more stable.
G Stephen V. Altieri
Town Administrator
tot Printed on Recycled Paper
2020 CAPITAL PROJECTS STATUS
BONDS/BAN GRANTS/LOCAL INTERFUND Expenses/
PROJECT DESCRIPTION Fund Budget Code PROJECT BUDGET Required SERVICES TRANSFER TO Encumbered To Status
CAPITAL Date
PROJECTS TO PROCEED:
Engineering Dept-ARC Facilities A H.1680.0400.2020.20 8,134, 8,134 Proceed
Workstations A H.1680.0400.2020.20 13,500 13,500 Proceed
20 Yard Passenger Bus A H.6772.0400.2020.22 65,000 65,000 Proceed-Due to grant funds
Fleet Car-Recreation A H.7020.0400.2020.72 30,000 30,000 27,837 Purchase Orders issued,dealership is closed
Ice Rink Improvements A H.7265.0400.2019-24 1,753,000 1,422,000 91,900 39,100 1,456,445 Proceed after Covid-19;Oustanding Bond$200k in 2019
Sheldrake Trails-Bridge Repair A H.8510.0400.2020.79 10,000 10,000 May be done in house-supply cost only
SUV-Light Duty Engineering B H.1440.0400.2020.72 30,000 30,000 27,837 Purchase Orders issued,dealership is closed
Memorial Park Playground B H.7140.0400.2020.31 650,000 575,000 75,000 3,800 Survey in progress.Defer design$35k to Q4;Construction 2021
Ballistic Protective Energy B H.3120.0400.2020.77 7,700 7,700 Proceed
Weapon Replacement B _ H.3120.0400.2020.77 11,400 11,400 9,002 Proceed
Police Vehicles(2) B H.3120.0400.2020.72 90,000 90,000 87,587 Proceed
Mobile Radio Equipment B H.3120.0400.2011.16 7,845 7,845 7,422 Proceed
Pickup Light Duty DB H.5110.0400.2020.06 40,000 40,000 34,952 Proceed
Manhold Cover Lifter DB H.5110.0400.2020.06 6,800 6,800 Proceed
Townwide Pavement Evaluation DB H.5110.0400.2020.75 27,500 27,500 25,000 Proceed
Highway Office Building HVAC DB H.5110.0400.2020.38 108,000 108,000 6,850 Proceed with Design.Defer construction to Q3
Emergency Radio Upgrade SF H.3410.0400.2020.67 151,000 151,000 - 144,601 Proceed
SUV SF H.3410.0400.2020.72 50,000 50,000 46,130 Proceed
Fire Mobile Tech-4 Vehicles SF H.1680.0400.2020.20 18,000 18,000 Proceed
Traffic Signal Improvements-Madison Ave SL H.3310.0400.2018.61 866,000 866,000 Proceed with design
VAC Building HVAC SM H.4191.0400.2020.59 114,500 114,500 9,000 Proceed with Design.Defer construction to Q3
Sewer Camera System Vehicle SS H.8120.0400.2020.76 165,000 82,500 82,500 163,702 Proceed-Waiting for VOM to approve
Rye Lake Distribution System Mods SW H.8340.0400.1363.12 144,000 144,000 Proceed with design
Rye Lake UV Treatment SW H.8340.0400.1352.12 3,122,000 2,622,000 - Design to continue;Outstanding bond$500k in 2019
2020 CAPITAL PROJECTS STATUS
BONDS/BAN GRANTS/LOCAL INTERFUND Expenses/
PROJECT DESCRIPTION Fund Budget Code PROJECT BUDGET Required SERVICES TRANSFER TO Encumbered To Status
• CAPITAL Date
Winged Foot Storage Tank SW H.8340.0400.1362-12 576,000 576,000 501,000 Proceed
Shaft 22-Chlorination System SW H.8340.0400.1365.12 96,000_ 96,000 Design to continue
Rye Lake Filtration Plant SW H.8340.0400.1364.12 1,152,000 1,152,000 1,002,000 Design to continue
Preserve Regulator Vaults#1 SW H.8340.0400.1366.12 86,400 _ 86,400 Design to continue
Preserve Regulator Vaults#2 SW H.8340.0400.1367.12 86,400 86,400 - Design to continue
TOTAL PROJECTS THAT WILL PROCEED $ 9,486,179 $ 7,734,000 $ 174,400 $ 877,779 $ 3,553,164
PROJECTS TO DEFER:
Town Center Flooring A H.1620.0400.2020.14 200,000 200,000 - Defer tO 2021
Office 2019 Pro Plus Yr 2 Pmt A H.1680.0400.2020.20 34,000 34,000 Completed with 2019 funds
Active Directory 2016 Configuration A H.1680.0400.2020.20 25,000 25,000 Defer to Q3
RS Two Factor A H.1680.0400.2020.20 44,000 44,000 Defer to Q3 _
Edmunds Core MCSi/Modules-requisiton and Escrow
$4500ea A H.1680.0400.2020.20 9,000 9,000 Defer to Q3
Server Replacement A H.1680.0400.2020.20 6,000 6,000 Defer to Q3
Wi Fi upgrade-TC Parking Lot,Lot 1A,VFW&Rink A H.1680.0400.2020.20 11,000 11,000 Defer to Q3
Access Controls-Rec&Comptrollers A H.1680.0400.2020.20 12,000 12,000 Defer to Q3
Furniture Replacement-Senior Center A H.6772.0400.2020.52 9,675 9,675 Defer to Q3
Senior Center Renovation-Yellow room-Includes
Flooring,heating,HVAC,painting,lighting,electrical
upgrades A H.6772.0400.2020.58 248,000 124,000 124,000 Defer tO 2021
Storage Garage A H.7020.0400.2020.31 6,000 6,000 Defer to Q3
Sheldrake-Driveway A H.7150.0400.2020.40 100,000 100,000 Defer tO 2021
Hommocks Pool Renovation A H.7180.0400.2020.25 1,400,000 1,360,000 40,000 Defer tO 2021
Zamboni-Ice Rink A H.7265.0400.2020.71 115,000 115,000 Defer to 03
Ice Rink Office-HVAC A H.7265.0400.2020.24 8,000 8,000 Defer to Q3
Ice Rink Offices-Flooring A H.7265.0400.2020.24 7,670 7,670 Defer to Q3
Ice Rink Office Workstation A H.7265.0400.2020.24 6,000 6,000 Defer to Q3
Hommocks Conservation Area A H.8510.0400.2013.34 9,000 9,000 Defer to Q3
Server Replacement B H.1680.0400.2020.20 45,000 45,000 Defer to Q3
Municity 5 Tables for building inspectors &engineers B H.1680.0400.2020.20 9,000 9,000 Defer to Q3
2020 CAPITAL PROJECTS STATUS
BONDS/BAN GRANTS/LOCAL INTERFUND Expenses/
PROJECT DESCRIPTION Fund Budget Code PROJECT BUDGET Required SERVICES TRANSFER TO Encumbered To Status
CAPITAL Date
Domain Controller Server Configuration B H.1680.0400.2020.20 25,000 25,000 Defer to Q3
Municity 5 Land Use B H.1680.0400.2020.20 30,000 30,000 Defer to Q3
Edmunds Core RTA Replacement DB H.1680.0400.2020.20 17,500 17,500 Defer to Q3
Edmunds Core MCSi/Modules-Fleet 3700 DB H.1680.0400.2020.20 3,700 3,700 Defer to Q3
Municity DPW-Work orders DB H.1680.0400.2020.20 28,000 28,000 Defer to Q3
Access Controls-Highway garage DB H.1680.0400.2020.20 37,000 37,000 Defer to Q3
Highway Garage Computer-Fleet Diagnostic DB H.1680.0400.2020.20 13,500 13,500 Defer to Q3
Skid Steer Loader DB H.5110.0400.2020.06 140,000 140,000 Defer to Q3
Dump Truck-10 Wheel DB H.5110.0400.2020.06 270,000 270,000 Defer to Q3
Salt Spreader DB H.5110.0400.2020.06 70,000 70,000 Defer to Q3
Utility Trailer DB H.5110.0400.2020.06 20,000 20,000 Defer to Q3
-
Pressure washer DB H.5110.0400.2020.06 16,000 16,000 Defer to Q3
Highway Garage Doors DB H.5110.0400.2020.38 150,000 150,000 Defer to Q3
Highway Garage-Radiant Heat DB H.5110.0400.2020.38 126,650 126,650 Defer to Q3
Resurfacing of Roads DB H.5110.0400.2020.04 684,877 566,000 118,877 - Defer to 2021
Sidewalks and Curbs DB H.5110.0400.2020.73 334,000 334,000 Defer to Q3
Harmon Drive Sidewalk DB H.5110.0400.2020.74 312,000 156,000 156,000 Defer to 2021
Brine System DB H.5142.0400.2020.10 125,000 62,500 62,500 - Defer to Q3
20 Yard Refuse Vehicle SR H.8160.0400.2020.09 160,000 160,000 Defer to Q3
Arc GIS Software SS H.8120.0400.2020.19 6,000 3,000 3,000 - Defer to Q3
Road Paving SW H.8340.0400.1368.12 250,000 250,000 - Defer to 2021
TOTAL PROJECTS THAT WILL BE DEFERRED $ 5,123,572 $ 4,016,150 $ 464,377 $ 643,045 $ -
GRAND TOTAL $ 14,609,751 $ 11,750,150 1 $ 638,7771$ 1,520,824 1 $ 3,553,164
OTHER CAPITAL PROJECTS STATUS
GRANTS/LOCAL INTERFUND Expenses/
PROJECT DESCRIPTION Fund Budget Code PROJECT BUDGET BONDS/BAN SERVICES TRANSFER TO CAPITAL encumbered as of Status
3/31/20
Town Center Bathrooms H.1620.0400.2017.14 450,206 225,103 225,103 Proceed-Use bonded funds from 2018
A H.1620.0400.2018.14 234,300 234,300 deferred Town Center projects
Bids have been received and will be
Senior Center Banquet Room Renovation A 2019-58 141,574 141,574 reviewed
Bids received and under review.Repair
budget(construction+engineering)=
Hickory Bridge Emergency Repairs A NEED NEW PROJECT 33,000 33,000 $30,500
Hillside Ave Bridge Replacement A 2019-63 207,000 207,000 2,688 Proceed-bond has been issued
Waverly Ave Bridge Replacement A 2019-62 1,999,200 124,200 1,875,000 263,934 Proceed-bond has been issued
Gardens Lake Stone Archway/Barker Cemetary Msonry Improvements A 2019-65 90,000 90,000 Defer to Q3
Myrtle Blvd Parking Deck B 2018-48 123,623 123,623 1,377 Proceed-bond has been issued
Proceed with aprons around manholes and
Roads Resurfacing DB 2019-04 46,000 46,000 Griffin road
Hickory Grove Sidewalk Extension DB 2019-64 226,300 226,300 29,827 Proceed-bond has been issued
Weaver St Sidewalk Extension DB 2015-45 339,457 315,000 24,457 Proceed
3,890,660 1,186,526 2,190,000 514,134 297,826
3/13/2020 Town of Mamaroneck,NY Ecode360
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Town of Mamaroneck, NY
Wednesday, December 4, 2019
Chapter 154. Peddling and Soliciting
[HISTORY:Adopted by the Town Board of the Town of Mamaroneck 2-17-1937 (Ch. 34 of the 1975
Code).Amendments noted where applicable.]
GENERAL REFERENCES
Conservation areas — See Ch. 77.
Noise—See Ch. 141.
Vehicles and traffic—See Ch. 219.
§ 154-1 . Applicability.
This chapter shall apply only to that part of the Town of Mamaroneck outside of incorporated villages,
and whenever and wherever the words "Town of Mamaroneck" are used, such words shall mean the
Town of Mamaroneck outside of incorporated villages.
§ 154-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
PARK, PARKING OR PARKED
The stopping of a motor vehicle or motorcycle upon any public highway and leaving such motor
vehicle or motorcycle unattended by a person capable of operating it for a period longer than
necessary to load or unload passengers or freight.
PERSON
Includes individuals, copartnerships, corporations and incorporated and joint-stock associations.
[Added 5-1939]
SIDEWALKS
That portion of the street between the physically established curblines and the designated
property lines.
STREET
Every way set apart for public travel, except alleyways, bridle paths and footpaths.
VEHICLE
Every device by which any person or property is or may be transported or drawn upon the street.
§ 154-3. License required; application.
[Amended 7-1-1953; 7-17-1996 by L.L. No. 14-1996]
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 unless a license so to do has previously been obtained by
him from the Town Clerk. The applicant for such license shall register his name, address, date of birth
and social security number with the Police Chief as a condition for obtaining such license.
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§ 154-4. Vehicle license required. •
[Amended 5-3-1939]
No vehicle of any kind or description drawn by an animal or animals or propelled by hand or other
power shall be used for the barter and sale of goods, wares, merchandise or produce therefrom upon
the streets, roads, highways or public places of the Town unless a license therefor shall first have been
obtained from the Town Clerk, which license shall at all times be displayed in a conspicuous place on
the inside of such vehicle.
§ 154-5. Applications for licenses.
[Amended 5-3-1939]
Applications for licenses under this chapter may be refused by the Town Clerk, as provided by law.
§ 154-6. Personal permits.
[Amended 7-1-1953]
Where a vehicle has been licensed as provided in § 154-4 of this chapter, such license shall include
the right of a driver or operator of such vehicle to sell, peddle, hawk or vend the goods, wares and
merchandise carried in such vehicle; provided, however, that no person, including the owner of such
licensed vehicle, shall operate the same without a personal permit to be issued by the Police Chief,
upon the production of satisfactory proof of the fitness of the applicant therefor, and such permit shall
expire on the 31st day of December after the issuance thereof, unless sooner revoked. Nothing herein
contained shall be construed to permit any salesman or helper upon any vehicle for which a peddler's
or hawker's license has been obtained to peddle, hawk or vend the goods, wares or merchandise
carried in such vehicle, by means of any stand or box or otherwise than from the vehicle itself, unless a
peddler's or hawker's license has been separately obtained for each such salesman or helper, in
accordance with the provisions of§ 154-3 of this chapter.
§ 154-7. License fees.
[Amended 5-3-1939; 7-17-1996 by L.L. No. 14-1996;8-17-2011 by L.L. No. 8-2011]
The fee for a license issued pursuant to this chapter is as set forth in §A250-1.
§ 154-8. Exceptions.
A. Delivery vehicles. The provisions of this chapter requiring licenses for vehicles shall not be
construed to require licenses for delivery vehicles owned by or used by grocers, bakers or other
persons, firms or corporations having within the Town a store, storehouse or warehouse for the
sale or distribution of or an establishment for the manufacture of the merchandise carried in said
vehicle nor for the drivers or operators of such vehicle.
B. Interstate and solicited orders. The provisions of this chapter shall not apply to the selling,
bartering or vending of goods, wares or merchandise where such goods, wares or merchandise
are shipped from outside the state or where orders for goods, wares or merchandise are solicited
and such goods,wares or merchandise are subsequently delivered.
[Amended 5-3-1939]
C. Food producers. The provisions of this chapter shall not apply to the selling, peddling or vending
of meats,fish, fruits and farm produce by farmers and/or other persons who produce or catch such
commodities.
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[Amended 5-3-1939]
D. State-licensed parties. The provisions of this chapter shall not apply to the holder of a license
granted pursuant to§ 32 of the General Business Law.
§ 154-9. Licenses: cancellation; nontransferability; expiration.
•
Any and all licenses granted pursuant to this chapter are subject to cancellation by the Town Board
upon cause therefor being shown, are not transferable and shall expire on the 31st day of December
following issuance.tl1
[1] Editor's Note:Former§34-11,Advertisements and exceptions, which originally followed this section,
was deleted 7-17-1996 by L.L. No. 14-1996.
§ 154-10. Prohibited times for peddling and soliciting.
[Added 2-20-2008 by L.L. No. 1-2008t11
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 6:00 p.m.
(prevailing time).
[1] Editor's Note: This local law also provided for the redesignation of former§ 154-10, Violations and
penalties, to§154-11.
§ 154-11 . Penalties for offenses.
A. Any person violating any of the provisions of this chapter, as the same may be from time to time
amended, for which no other penalty is provided, shall be guilty of a misdemeanor punishable by
imprisonment for not more than one year or by a fine of not more than $500, or both.
[Amended 10-20-1954]
B. Additional penalties.
[Amended 12-17-1953]
(1) Violation of§§ 154-3 and 154-4 of this chapter shall subject the offender, for each offense, to
a civil penalty not to exceed$50.
(2) The penalty for violation as above provided shall be in addition to any fine provided for in
§ 154-11A.
(3) Every day or part thereof that such violation shall continue shall be deemed to be a separate
and distinct violation of said several provisions of this chapter and shall render every person
liable for a separate penalty for each such violation.
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TOWN OF MAMARONECK
TOWN BOARD AGENDA
WEDNESDAY, APRIL 15, 2020
PURSUANT TO THE STATE'S SUSPENSION OF THE OPEN MEETINGS LAW,THE TOWN
BOARD MEETING will go out live on LMCTV's channel 76 Optimum and 35 Verizon/Fios as well
as the www.lmctv.org website. Direct link is as follows:
ht�://vod-Imcty.cablecast.ty_//cablecastapi/live?channel_id=2&use cdn=true
6:00PM THE TOWN BOARD WILL BE DISCUSSING THE WORK SESSION ITEMS BELOW:
1. Rock Removal
2. Capital Project Report
3. Peddler's Law
4. Coronavirus Update
5. New Business
7:30PM CALL TO ORDER
SUPERVISOR'S REPORT
PRESENTATION - New York State Senate Shelley Mayer
CITIZEN COMMENTS
BOARD OF FIRE COMMISSIONERS
1. Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Authorization - Capital Budget Transfers
2. Capital Project Review
3. Resolution of Support- Proposed County/Town Property Tax Penalty Legislation
4. Authorization - Extension of Building Permits
REPORT OF MINUTES
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETINGS- May 6, 2020, May 20, 2020
Any physically handicapped person needing special assistance in order to attend the
meeting should contact the Town Administrator's office at 381-7810.
O, 47
s'� 99
o h ``{ Z Town of Mamaroneck
U' m Town Center
~FOUNDED 16617. 740 West Boston Post Road, Mamaroneck,NY 10543-3353
TEL: 914/381-7810
OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809
townadministrator@townofmamaroneck.org
Memorandum
To: Supervisor & Town Board
Re: Authorization — Capital Budget Transfers
Date: April 8, 2020
At the last Town Board Meeting, we discussed an emergency Capital Project relating to the
repairs of the East Hickory Grove Drive Bridge. The estimated project cost is $33,000.00 for
which funds must be transferred into the Capital Fund.
ACTION REQUESTED: THAT THE TOWN BOARD AUTHORIZE THE TRANSFER OF $33,000.00
IN ACCORDANCE WITH THE ATTACHED FUNDING AMENDMENT SCHEDULE PREPARED BY
THE TOWN COMPTROLLER.
)/::----- 1.
Stephen V. Altieri
Town Administrator
2020 CAPITAL BUDGET AMENDMENTS
Item# CAPITAL FUND (FUND H): _ _ Amount
1 Revenue H.0000.5031.2020.82 Transfer from General Fund Increase $ 33,000
Expense H.5120.0400.2020.82 Hickory Grove Bridge Increase 33,000
Item# GENERAL FUND (FUND A):
2 Expense A.9900.9950 Transfer to Capital Increase $ 33,000
Income A.0000.5995 Appropriated Fund Balance Increase $ 33,000
F4,
O 9
4
o Town of Mamaroneck
' A Town Center
740 West Boston Post Road,Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
Memorandum www.townofmamaroneckny.org
To: Supervisor and Town Board
Re: Amendment to Westchester County Tax Law
Proposed Reduction of Late Payment Penalties
Date: April 8,2020
The Board is aware that there has been a good deal of discussion between Town Officials and
Westchester County in regard to the payment of Town and County taxes in April. An original
piece of legislation proposed that property tax payments be deferred until July 15 without
penalty. The concern for Town officials was cash flow and the ability of the Town governments
to operate effectively if large portions of tax revenue was deferred. Also, under the original
legislation the Towns would still be required to provide Westchester County 60%of the County
tax levy by May 25 regardless of whether the Town had collected that amount of County taxes.
This additional provision provided even greater concerns over cash flow and Towns having
sufficient funds for their own operations and making the 60%payment to the County.
Subsequently the Town Supervisors made an alternate recommendation to leave the current
property tax payment schedule in place but offer to reduce the penalties for late payments. The
reduction in penalties legislation as a compromise provides continued incentive for taxpayers to
make timely tax payments. At the same time, should a taxpayer have an economic hardship that
prevents them from paying their taxes on time,the penalty burden is greatly reduced. Attached
is the full text of the legislation that will be the subject of a public hearing by the County Board
of Legislators on April 14, 2020. An open comment period will continue after the hearing until
April 17, 2020.
This legislation is the best alternative at this time and therefore the Board is urged to adopt a
resolution endorsing the legislation.
tephen V. Altieri
Town Administrator
ice, Printed on Recycled Paper
TO; HONORABLE BOARD OF LEGISLATORS
COUNTY OF WESTCHESTER
Your Committee has reviewed "A LOCAL LAW amending Chapter 283 of the Laws of
Westchester County relating to the Westchester County Tax Law." COVID-19 continues to wreak
havoc on the world's peoples and economies. In the United States,as businesses shut down or pare
back,millions of workers have already been laid off,leaving many to be concerned as to how they will
pay their bills.
Your Committee advises that the spread of COVID-19 has had major effects on the health of
individuals, the health of the economy, and the finances of government. There has been and will
continue to be severe economic effects,such as loss of income due to loss of employment,closure of
businesses and sickness or death.Executive Orders issued by the Governor pursuant to his emergency
declaration have resulted in the closure of various businesses and have limited business activity to only
essential business and essential services. County residents have experienced layoffs and loss of work.
In addition, fear and uncertainty will lead to difficult-to predict responses, including panic selling in
the stock market and further cutbacks in consumption to conserve resources. Stock market selloffs
and associated uncertainty are likely to impact financial service industries severely.
In response to the COVID-19 crisis the tax filing dates for federal and New York State income
taxes have been extended from the April 15,2020,due date to July 15, 2020. Your Committee finds
that Westchester County should pursue a viable option to assist die residents of Westchester County
at this difficult time. Accordingly,in an effort to case the real property tax burden for many taxpayers
in the County, this proposed law, if adopted, would amend the Westchester County Tax Law to
1
authorize towns in Westchester County to reduce penalties for the late payment of county, county
district, town and town district taxes or assessments until July 15, 2020,as follows: For the calendar
year 2020 only, the penalties for the neglect to pay the county, county district , town and town
district taxes or assessments after the levy thereof;if paid during the month of April,no penalty: if
paid during the month of May, one half percentum;if paid during the months of June and up until
July 15, 2020, one percentum; if paid from July 16,2020 until July 31, 2020, five percentum,if paid
during the months of August and September, seven percentum. The July 15, 2020, date coincides
with the extended deadline to file New York State and federal income taxes. Penalties could therefore
be reduced for a two and one-half month period including the months of May and June and up to
July 15.
Under the proposed legislation, no town is required to offer the temporary reduction of
penalties and may choose to opt-out of this provision of Law,in whole or only with respect to town
and town district taxes or assessments. This law would only be effective in the calendar year 2020 and
will expire on December 31, 2020. Cities in Westchester County, which are not subject to the
Westchester County Tax Law, may choose to amend their respective City tax laws to reduce
penalties for late payment of county,county district and city taxes or assessments in 2020.
As you know, this Honorable Board must comply with the requirements of the State
Environmental Quality Review Act ("SEQRA"). Your Committee is advised that the
Department of Planning has reviewed the applicable SEQRA regulations,and has concluded that
this proposed Local Law is not an action, which requires any environmental review. Your
Committee concurs with that conclusion.
RESOLUTION No. -2020
RESOLVED, that this Board hold a public hearing pursuant to Section 209.141(4)of the
Laws of Westchester County on Local Law Intro. No. - 2020, entitled "A LOCAL LAW
amending Chapter 283 of the Laws of Westchester County relating to the Westchester County Tax
Law." The public hearing will be held at p.m. on the day of
, 2020 in the Chambers of the Board of Legislators, 8th Floor,
Michaelian Office Building, White Plains, New York. In light of the Emergency Orders issued by
the federal,state and County governments in relation to the Coronavirus including the World Health
Organization declaring the COVID-19 outbreak as a global pandemic,President Trump declaring a
national emergency to provide federal funds to combat the spread of Coronavirus and Governor
Cuomo issuing Executive Orders continuing the temporary suspension and modification of laws
relating to disaster emergency including suspension of laws allowing the attendance at public
meetings telephonically or by other similar service without permitting public in person access to
meetings, and as the Coronavirus outbreak is clearly a serious threat to the health and safety of the
people of Westchester County, the Westchester County Board of Legislators will prohibit the public
from in person attendance at the Board of Legislators meeting scheduled for April 14, 2020 in the
Chambers of the Board of Legislators, 8th Floor, Michaelian Office Building, White Plains, New
York. The Board of Legislators will open this Public Hearing at the meeting on April 14,2020 and
said Public Hearing shall remain open for three (3) days until close of business April 17, 2020, to
enable members of the public to submit written comments regarding the Local Law by email at
bolpublichearingcomments@westchestergov.com or by regular mail;ATTN:Clerk oldie Board,148
Martine Avenue,8'h Fir.,White Plains,New York, 10601. The Clerk of the Board shall cause notice
of the time and date of such hearing, and the method for submitting comments, to be published at
least once in one or more newspapers published in the County of Westchester and selected by the
Clerk of the Boatd for that purpose in the manner and time required by law.
LOCAL LAW INTRO.NO.-2020
A LOCAL LAW amending Chapter
283 of the L1 vs of Westchester
County relating to the Westchester
County Tax Law.
BE IT ENACTED by the County Board of the County of Westchester as follows:
Section 1. Section 283.221 of Chapter 283 of the Laws of Westchester County is hereby
amended to read as follows:
Sec.283.221. -Penalties.
1. The following scale of penalties is hereby prescribed for the neglect to pay the state,
county,county district,town and town district taxes or assessments after the levy thereof;if
paid during the month of April,no penalty:if paid during the month of May,two percentum;
if paid during the months of June and July, five percentum; if paid during the months of
August and September,seven percentum.
2. Where said taxes arc estimated as provided in section 283.191, then the part of said tax
which becomes payable on February 1 of each year,if paid during the month of February,
no penalty;if paid during the month of March, two percentum; if paid during the months
of April and May,five percentum;if paid during the months of June and July,six percentum;
if paid during the month of August,seven percentum.
3. Where said taxes are estimated as provided in section 283.191, then that part of said tax
which becomes payable on June 1 of each year,if paid during June,no penalty;if paid during
the month of July, two percentum;if paid during the month of August, five percentum.
3A. For the calendar year 2020 only, the penalties for the neglect to pay the county,county
district , town and town district taxes or assessments after the levy thereof;if paid during
the month of April,no penalty:if paid during the month of May,one half percentum;if paid
during the months of June and up until July 15, 2020,one percentum;if paid from July 16,
2020 until July 31,2020,five percentum,if paid during the months of August and September,
seven percentum.
a. No town shall be required to offer a temporary reduction of penalties as set forth
in this section for late payment of county, county district, town and town district
taxes or assessments and may choose to opt-out of this provision of law,in whole
or only with respect to town and town district taxes or assessments.
b. Nothing in this law shall amend or suspend any other provision of Chapter 283,
nor relieve any town supervisor from paying 60 percent of the taxes, special ad
valorem levies and assessments,if any,due to the County Commissioner of Finance
,
i
by May 25, 2020, and from paying the balance to the County Commissioner of
Finance by the October 15, 2020, as provided in section 283.291.
§2. This Law shall take effect immediately and expire on December 31,2020.
Westthester
gOV.COITl Memorandum
Department of Planning
TO: Justin Adin,Associate County Attorney
Department of Law
FROM: David S. Kvinge, AICP,RLA,CFM
Director of Environmental Planning
DATE: April 1,2020
SUBJECT: STATE ENVIRONMENTAL QUALITY REVIEW FOR
WAIVER OF TAX PENALTIES
PROJECT/ACTION: Adoption of a local law to amend Chapter 283 of the Laws of Westchester
County that will allow for a waiver and adjustment in penalties for nonpayment of county and
county district taxes due to hardship for taxes owed in in the first half of the year 2020.
With respect to the State Environmental Quality Review Act and its implementing regulations •
6 NYCRR Part 617, the Planning Department recommends that no further environmental
review is required because the project/action:
® DOES NOT MEET THE DEFINITION OF AN"ACTION"AS DEFINED UNDER
SECTION 617.2(b)
0 MAY BE CLASSIFIED AS TYPE II PURSUANT TO SECTION 617.5(c)( ):
COMMENTS: None
DSKJcnm
cc: Andrew Ferris, Chief of Staff
Paula Friedman,Assistant to the County Executive
Norma Drummond, Commissioner
Claudia Maxwell, Associate Environmental Planner
Altieri, Stephen
From: Polcari, Richard
Sent: Wednesday, April 8, 2020 3:13 PM
To: Altieri, Stephen
Subject: Expiring permits
Steve,
Due to restrictions for non-essential construction, permit holders not able either to have work
completed or have interior inspections performed. I would ask that we change all permits to a new
expiration date of June 30, 2020 that have expired since March 1, 2020. This will allow the permit
holder the time to get all necessary inspections and/or paperwork into the Building Department.
At this time we have the following number of permits; open and either expired or will expire:
March — 22
April — 38
May— 27
Total - 87
§ 106-42Term of building permit; conformance with other regulations.
A.
A building permit shall be effective to authorize the commencement of work in accordance
with the application, plans and specifications on which it is issued for a period of one year
after the date of its issuance. The Building Inspector or Director of Building Code
Enforcement and Land Use Administration may, for good cause shown, allow a maximum
of two extensions of the building permit for a period not exceeding six months for each
extension. However, any application for an extension of a building permit must be made
prior to the expiration of the original permit or any extension thereof.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
Richard B. Polcari
Building Inspector
740 West Boston Post Road
Mamaroneck, New York 10543
(P) 914-381-7830
rpolcari@.TownofMamaroneckNY.orq
;2,
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1