HomeMy WebLinkAbout2020_06_03 Town Board Meeting Packet it'
•FOUNDED 1661 •
TOWN OF MAMARONECK
TOWN BOARD AGENDA
Wednesday, June 3, 2020
PURSUANT TO THE STATE'S SUSPENSION OF THE OPEN MEETINGS LAW,
THE TOWN BOARD MEETING is airing live on LMCTV channel 76 Optimum, 35
Verizon/FiOS & the www.lmctv.org website: https://Imctv.org/live-meetings-on-
Imcty/
6:00PM THE TOWN BOARD WILL DISCUSS THE ITEMS BELOW:
1 . Update - Peddler's Law
2. Update - Comprehensive Plan
3. Update - Coronavirus Response
4. New Business
5. Request for Executive Session
7:30PM CALL TO ORDER
Supervisor's Report
Citizen Comments
Public Hearings - Bond Resolution Hearings: Districts 1. Ambulance 2. Garbage
3. Sewer 4. Water
Bond Resolution Hearings
Board of Fire Commissioners Fire Department Business
Affairs of Town of Mamaroneck
1. Authorization - Capital Project Amendments
2. Consideration of Certiorari
Report of Minutes
Reports of the Council
Town Clerk's Report
Next Regularly Scheduled Meeting -June 17, 2020
Meeting Adjournment
Any physically handicapped person needing special assistance in order to attend the meeting should call the
Town Administrator's office at 381-7810.
Town of Mamaroneck
o j Town Center
X 9 740 West Boston Post Road, Mamaroneck, NY 10543-3353
FOUNDED 1651
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: June 3, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Update - Peddler's Law
Local Law No. -2020
This local law shall be known as the "Setting of Time Limits and Fees for Solicitation, and
Creating an Option for Residents to Prohibit Solicitation" 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Section 154-10 of the Code of the Town of Mamaroneck hereby is repealed and the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:
§15411.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.
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 license, vehicle 1$125
§154-7B 'Peddler's license $125
and substituting the following in its place:
2
§ 154-6 Peddling license,vehicle i$50
§ 154-6 Peddler's license '$50
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 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.
May 29,2020(electronic delivery)
3
Local Law No. -2020
This local law shall be known as the "Setting of Time Limits and Fees for Solicitation, and
Creating an Option for Residents to Prohibit Solicitation" 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 19841)
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.
2. That person(s)' address.
B. The Town Clerk shall prepare, and from to time update, a list of the addresses, but not the
names 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.
C In each even numbered year beginning in 2022, the Town Clerk shall notify the persons
who appear on the list referred to in section 154-11 B. of the Code that they must renew
their registration in order to remain on the list. The Town Clerk shall strike from that list
the addresses of those persons who affirmatively state that they no longer wish to be on
the list and the addresses of those persons who do not respond within 30 days after the
Town Clerk's notification shall have been sent.
D. At the time that the Town Clerk issues a license pursuant to this chapter, the Town Clerk
also shall give a copy of the list of addresses appearing on the list prepared by the Town
Clerk pursuant to section 154-11 B.of the Code to the licensee or his/her representative.
E. 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.
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 license, vehicle :$125
§ 154-7B Peddler's license ;$125
2
and substituting the following in its place:
§ 154-6 Peddling license, vehicle $50
§ 154-6 Peddler's license $50
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 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.
May 29,2020(do not knock-no sign)
3
Local Law No. -2020
This local law shall be known as the "Setting of Time Limits and Fees for Solicitation, and
Creating an Option for Residents to Prohibit Solicitation" 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 19841)
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.Reserved
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 license, vehicle 1$125
§ 154-7B ;Peddler's license 1$125
and substituting the following in its place:
§154-6 Peddling license,vehicle $50
§154-6 Peddler's license $50
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 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.
May 29,2020(no solicitation registry reserved)
2
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.
§ 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.
[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.t'1l
[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. 1-2008[1]
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.
- :, � Town of Mamaroneck
a Town Center
rr 740 West Boston Post Road, Mamaroneck, NY 10543-3353
_ ,f
,uIACEU It.:
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: June 3, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Update - Comprehensive Plan
TO: Town Board Members
FROM: Nancy Seligson
RE: Comprehensive Plan
DATE: May 29, 2020
Melissa Kaplan-Macey and I met (virtually) with Peter Feroe and Nina Peek from AKRF and Shachi
Pandey from MUD Workshop to discuss initiating the delayed Comprehensive Plan update.They
presented a new timeline for the project and outline to get started.The timeline is attached.
They are excited to get started and think we have some interesting opportunities in this environment.
They would like to meet with the Steering Committee and present at the next Town Board meeting to
discuss the plan in more detail.
June 03, 2020
MAMARONECK COMPRENEHSIVE PLAN UPDATE SCHEDULE
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
o Existing Studies Community Final Report
E Review Survey Analysis &
Emerging themes
Technical Draft Report
• Analysis
•
As• A/ 2 MONTHS ENVISION ADOPT Town of
I INITIATE - . •• •
I C/ 2•MONTHS E/ 3 MONTHS Mamaroneck
0r. B/ 3:5 MONTHS I D/ 2.5 MONTHS
Comprehensiv(
°o.
ENGAGE I ILLUSTRATE Plan 2040
•s
ca
DIGITAL COMMUNITY PLANNING TOOLMIIIIIII
b •A•
Steering
Committee Online Survey
Kickoff •
[Jun 2020] Stakeholder
Interviews [Sep-Oct 2020]
`:l Community U Community Community lei Community
Master Plan ''1 Exhibition Workhop .Town Hall
Launch [Sep-Oct 2020] [Dec 2020] Presentation
[Jul 2020) [Feb-Mar 2020]
g:,Town ,;.:j Town Board am:Town Board r. Town Board
Board Analysis Workshop Draft Plan
Kickoff Presentation [Nov-Dec•2020] Presentation
[Jun 2020] [Sep.2020] [Feb 2020]
do Town of Mamaroneck
o� Town Center
9 740 West Boston Post Road, Mamaroneck, NY 10543-3353
FOLWDED 1651
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: June 3, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Update - Coronavirus Response
Q 4
O 9
2 �
"0 Town of Mamaroneck
Z
w m Town Center
40 West Boston Post Road, Mamaroneck. NY 10543-3353
.rOO17ED'H .
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
Memorandum
To: Supervisor and Town Board
Re: Update Coronavirus Response
Date: May 29, 2020
At our last meeting, I provided the current listing of laws that suspended to assist the community
as part of our Coronavirus response. At this point, we know that the Mid-Hudson Region
reopened under Phase 1 of the State's reopening plan. That means that construction,
manufacturing and retail with curbside pickup can be operate. Tentatively, Phase 2 will begin on
June 9, and Phase 3 on June 23. Phase 2 would permit retail stores to open with restrictions on
store customer capacity and a requirement for masks. In addition, under Phase 2 certain
professional service businesses can re-open. The Governor, last evening issued an executive
order permitting businesses from barring entry to those unwilling to wear a mask.
Closer to home,the Town has taken the following recent actions:
o The tennis courts at Memorial Park re-opened with restrictions
o The Recreation Commission authorized the canceling of the summer camp programs at
their meeting on Wednesday, May 27.
o The Recreation Department is exploring alternative outdoor programming involving
small play groups that would get together for programs of short duration.
o Although there is no specific guidance from the County or State Health Departments
regarding public pools,the Town is preparing a plan for the Hommocks Pool. Briefly
described the plan would work like a golf course whereby residents would call for a
reservation that would allow them a limited time in the pool facility. Only the main pool
would open in order to meet social distancing requirements. Limited space would be
available in the grassy area for residents to sit socially distanced. At this point,
the locker rooms would not be open but we would open the restrooms.
o In terms of the Town office, the current operating schedule with rotating teams expires on
June 5. This plan will be extended to June 9 to be consistent with the tentative date for
the beginning of Phase 2 of the States reopening plan. The reception person at the main
entrance would remain in place through the summer and we have on order plexi-glass
shields for those offices that have counters.
o Regarding the Town Court, the New York State Office of Court Administration is
advising local downstate courts, that they may not re-open until August. In the
meantime, the Court Clerks can conduct limited administrative work for the processing of
summonses.
o The Planning Board, Zoning Board and CZMC will hold zoom meetings in June as will
the Sustainability Collaborative. The Traffic Committee may also meet in the zoom
format based upon need.
is Printed on Recycled Paper
One item for discussion involves the Town's set back requirements for above ground
pools. With the onset of warmer weather,the Supervisor's office and the Building Department
have begun to receive inquiries about above ground pools. We believe that these inquiries have
been triggered by the school closing, the distinct possibility of limited or no summer programs,
municipal or private,of beaches and public pools not opening,etc.
The precise point to discuss is whether under the current state of emergency, the setback
requirements for above ground pools should be modified or waived.
If so,the recommendation is:
• If a setback variance is required,the resident upon applying for a building permit(the
Code requires permits for above ground pools)must also apply for a variance.
• When the permit is issued, the resident will be told that the certificate of occupancy for
the pool will provide that if the variance is denied,the pool will become an illegal
structure and will have to be removed.
• The Board of Appeals would consider the variance application at its September 2020
meeting. If the variance is granted,the pool will become a permitted structure. If the
variance is denied,the pool will become an illegal structure and will have to be removed
by September 15, 2020. (A fixed date is recommended for ease of enforcement).
The resident must aggressively pursue the variance application. If the resident fails to mail out
the requisite notices,post the required sign or attend the September Board of Appeals meeting,
the pool's certificate of occupancy will be revoked immediately and the pool will become an
illegal structure
Another issue for consideration is to establish a temporary 15-minute parking regulation in front
of the retail stores located between 172 and 176 Myrtle Boulevard. Now that Phase 1 reopening
has begun,retail stores can offer curbside pickup. Under the current suspension of laws, cars can
park in this location throughout the day and overnight. The 15 minute pickup zone could be of
assistance to the storeowners and their patrons.
Stephen V. Altieri
Town Administrator
Ili Town of Mamaroneck
, Town Center
g 9 740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FOUNDED 1661 •
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: June 3, 2020
SUBJECT:
ATTACHMENTS:
Description
No Attachments Available
0N. Town of Mamaroneck
Town Center
2. 740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FOUNDED 1661 •
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: June 3, 2020
SUBJECT:
ATTACHMENTS:
Description
°, Town of Mamaroneck
"st• c Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
FOUNDED 160
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: June 3, 2020
SUBJECT:
ATTACHMENTS:
Description
D Bond Resolution Hearings
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck,
Westchester County, New York, will meet [have a virtual meeting] in the Town Hall, 740 West
Boston Post Road, in Mamaroneck, New York, on June 3, 2020, at 7:30 o'clock P.M., Prevailing
Time, for the purpose of conducting a public hearing upon an estimate of cost, in relation to the
proposed increase and improvement of the facilities of Town of Mamaroneck Ambulance
District, in said Town, being the reconstruction and improvements to the heating, ventilation and
air conditioning at the Larchmont/Mamaroneck Ambulance Corp. building, including incidental
improvements and expenses in connection therewith, at a maximum estimated cost of$114,500.
Said capital project has been determined to be a Type II Action pursuant to the
regulations of the New York State Department of Environmental Conservation promulgated
pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of
which as proposed, said regulations provide will not result in any significant environmental
adverse effects.
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: publicgc@townofmamaroneckNY.org.
At said public hearing said Town Board will hear all persons interested in the subject
matter thereof at the maximum estimated cost of$114,500.
Dated: Mamaroneck, New York,
Friday, May 29, 2020.
BY ORDER OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK
/s/Christina Battalia
Town Clerk
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck,
Westchester County, New York, will meet [have a virtual meeting] in the Town Hall, in
Mamaroneck, New York, in said Town, on June 3, 2020, at 7:30 o'clock P.M., Prevailing Time,
for the purpose of conducting a public hearing upon a certain estimate of cost, in relation to the
proposed increase and improvement of the facilities of the Garbage District No. 1, in said Town,
being the purchase of a new refuse collection vehicle, including incidental equipment and
expenses in connection therewith, at a maximum estimated cost of $160,000. It has been
determined that said project is a Type II Action under the regulations promulgated under the
State Environmental Quality Review Act.
Public participation at the virtual public hearing will be as follows: viewing via
https://Imctv.org/live-meetings-on-lmctv/ and email comments may be directed to the Town Board
at: publicqe@townofmamaroneckNY.org.
townofinamaroneckNY.org.
At said public hearing said Town Board will hear all persons interested in the subject
matter thereof.
Dated: Mamaroneck, New York,
Friday, May 29, 2020.
BY ORDER OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK
/s/Christina Battalia
Town Clerk
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Mamaroneck, Westchester County, New York, will meet [have a virtual meeting] in
the Town Hall, in Mamaroneck, New York, in said Town, on June 3, 2020, at 7:30
o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a
certain map, plan and report, including an estimate of cost, in relation to the
proposed increase and improvement of the facilities of Sewer District No. 1, in said
Town, being the Town's portion of the purchase of a sewer camera truck, including
incidental equipment and expenses in connection therewith, at a maximum estimated
cost of$84,350. It has been determined that said project is a Type II Action under
the regulations promulgated under the State Environmental Quality Review Act.
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.
At said public hearing said Town Board will hear all persons interested in the
subject matter thereof.
Dated: Mamaroneck, New York,
Friday, May 29, 2020.
BY ORDER OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK
/s/Christina Battalia
Town Clerk
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck,
Westchester County, New York, will meet [have a virtual meeting] in the Town Hall, in
Mamaroneck, New York, in said Town, on June 3, 2020, at 7:30 o'clock P.M., Prevailing Time,
for the purpose of conducting a public hearing upon a certain estimate of cost, in relation to the
proposed increase and improvement of the facilities of the Water District No. 1, in said Town,
being: a) the rehabilitation of a 750,000 gallon elevated hydropillar water storage tank,
consisting of the replacement of the ladder and climb systems, venting system upgrade and
relocation and upgrade of tank lighting system with LED lights ($576,000), and 2) improvements
to the Rye Lake Filtration Facility, consisting of the construction of a 30 MGD (expandable to 40
MGD) filtration plant ($1,152,000), at an aggregate maximum estimated cost of$1,728,000. It
has been determined that said projects are Type II Actions under the regulations promulgated
under the State Environmental Quality Review Act.
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: publicgc@townofmamaroneckNY.org.
At said public hearing said Town Board will hear all persons interested in the subject
matter thereof.
Dated: Mamaroneck, New York,
Friday, May 29, 2020.
BY ORDER OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK
Christina Battalia Town Clerk
Town of Mamaroneck
Town Center
' 740 West Boston Post Road, Mamaroneck, NY 10543-3353
•SGV\GED IcbI
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: June 3, 2020
SUBJECT:
ATTACHMENTS:
Description
o Authorization- Capital Project Amendments
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Town of Mamaroneck
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Office of the Comptroller TEL: 914/381-7850
FAX:914/381-7809
towncomptrolktownofmamaroneck.org
Memorandum
To: Stephen Altieri,Town Administrator
Town Board Members
From: Tracy Wpm]n. Town Comptroller
Date: .lune 3, 2020
Re: Capital Budget Amendments
Capital Projects have been reviewed and some of them require approval, amendments to close,
increase and revise funding sources as indicated:
1. Town Center Projects-Project 2018-14:
In February 2018,the Town Board approved a list of projects to be completed in Town
Center with bonded funds. Many of the projects originally planned have been completed.
Funding for the intercom system, installation of an automatic door opener for public door
accessibility and the Town Center bathrooms were not included in the scope of the funding
but became a priority. It is recommended by bond counsel that the original list of projects
should be amended to reflect the current use of the bond funds.
Project Original Amended Actual Status
Budget Budget Cost
1 HVAC Maintenance System $16,500 $17,500 $17,500 Completed
2 Second floor Kitchen Renovation 15,000 9,350 9,350 Completed
3 Installation of ductless AC Units in 10,500 6,700 6,700 Completed
phone room
4 Replacement of flat roofs 400,000 425,000 - Pending
5 Generator Replacement 100,000 100,000 - Pending
6 Replacement of exit doors 8,000 8,000 - Pending
7 Exterior/Interior Painting 260,000 36,630 - Pending
8 Installation of intercom system for 18,350 14,600 14,600 Completed
building tenants
9 Installation of an automatic door 14,700 14,702 Completed
opener for public door accessibility
10 Town Center bathroom 213,900 213,897 In
renovations-additional funding Progress
Bond Costs 25,000 6,970 6,969 Completed
Total $853,350 $853,350 $283,718
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2. Water District—2018 and 2019 Paving-Projects A1348-12/A1356-12
The 2018 and 2019 planned paving projects have been completed under budget and funds
are available to be transferred to debt service as these projects were bonded. A proposed
budget transfer is provided below.
3. Water District- South Ridge Rd Water Main—Project A1360-12
The contractor encountered significantly more rock than anticipated and the project took
longer to complete. As a result, additional funding is needed to make the final payment
on this project. Fund balance is available for this transfer and a proposed budget transfer
is provided below.
4. Sewer Camera Inspection Truck-Project 2020-76
An amendment to the original purchase price of the sewer camera truck is necessary as the
Town's existing camera equipment is not eligible for the trade-in credit ($10k) offered.
The purchase price has increased from$163,702 to$168,700 or an increase of$4,998. The
budget approved in the 2020 Capital Budget is $165,000. An additional $3,700 is needed
for the purchase. This will be a shared purchase with the Village of Mamaroneck and the
proposed budget amendment reflects their share of the increase.
5. Emergency Radio Upgrade-Project 2020.67
The purchase of forty-six portable radios to replace the current radios that have met or
exceeded their life was approved in the 2020 capital budget. They were going to be
financed through the issuance of a bond. As a result of the quarantine,a referendum cannot
be conducted. Fund balance is available based on projected savings. In addition, the actual
cost was less than budgeted. A proposed budget amendment has been provided below to
reduce the total cost of the project and adjust the funding.
6. Technology Equipment-Project 2020-20
The 2020 capital budget included the purchase of a new server with bond funding. The Part
Town fund has enough fund balance to support the purchase. A proposed budget amendment
has been provided to adjust the funding of the project with no additional cost.
7. Rye Lake UV Facility- Project 1352.12
WJWW received a grant for this project, significantly reducing the Town's share of the
project cost. A budget amendment to reduce the budget is provided below.
8. Senior Center Furniture Replacement-Project 2020.52
The Virginia McGuire Foundation donated the funds for the furniture replacement at the
Senior Center. We thank them for their generous donation. A budget amendment is
recommended to revise the source of funding for this project.
9. Ambulance Equipment-Projects 2016.33/2017.33/2019.33
Remaining funds in capital accounts for equipment purchases will be returned to the
Ambulance District Fund Balance to close three capital projects.
10. Highway Vehicles- Project 2017.06
Remaining funds in capital accounts for a truck purchase with bond funds will be returned
to the Debt Service Fund to close the capital projects
11. Town Center- Project 2017.06
The Town has received a NYSERDA grant to partially fund the replacement of four air
conditioning units on the roof of Town Center that are 30 years old. There are five units that
need to be replaced to complete this project. There is remaining funding in the Town Center
2016 capital project to fund the Town's share of the cost. It is estimated that the total cost
will be $111,200 and will be funded with a NYSERDA grant of$50,000 and a net cost to
the Town of$61,200. A budget amendment is needed to record the grant funds.
12. Senior Center Building improvements-Project 2017.58
This project was approved to replace the windows and waterproof the basement. The
windows will completed as part of the 2019 project that is in progress. As a result, funds
allocated for the windows will be returned to fund balance. A budget transfer is
recommended below.
REQUESTED ACTION: It is recommended that the Town Board approve the
amended list of Town Center Projects as indicated above and approve the following
capital budget amendments:
2020 CAPITAL BUDGET AMENDMENTS
Item# CAPITAL FUND(FUND H): Amount
2 Expense H.8340.0400.1348.12 2018 Planned Paving Decrease 2,010.92
Expense H.9900.9980.1348.12 Transfer to Debt Service Increase 2,010.92
Revenue H.0000.5038.1356.12 Transfer from Water Fund Decrease 4,021.16
Expense H.8340.0400.1356.12 Water Infrastructure Decrease 137,720.47
Expense 1H.9900.9980.1356.12 Transfer to Debt Service Increase 133,699.31
3 Revenue 1H.0000.5038.1360.12 Transfer from Water Fund Increase 131,181.23
Expense H.9900.9980.1360.12 South Ridge Rd Increase 131,181.23
4 Revenue H.0000.2797.2020.76 Due from Local Govts-VOM Increase 1,850
Revenue H.0000.5710.2020.76 Serial Bonds-Sewer Camera Increase 1,850
Expense H.8120.0400.2020.76 Sewer Camera Vehicle Increase 3,700
5 Revenue H.0000.5710.2020.67 Serial Bonds Decrease 151,000.00
Revenue H.0000.5034.2020.67 Transfers from Fire Increase 144,600.52
Expense H.3410.0400.2020.67 Communication equipment Decrease 6,399.48
6 Revenue I H.0000.5710.2020.20 Serial Bonds Decrease j 45,000.00
Revenue 1H.0000.5032.2020.20 Transfers from Part Town Increase 45,000.00
7 Revenue H.0000.5710.1352.12 Serial Bonds Decrease 1,536,000
Expense H.8340.0400.1352.12 Rye Lake Filtration System Decrease 1,536,000
8 Revenue H.0000.5031.2020.52 Transfers from General Town Decrease 9,675
Revenue H.0000.2705.2020.52 Gifts&Donations Increase 9,675
2020 CAPITAL BUDGET AMENDMENTS
9 Expense H.9900.9909.2016.33 Transfer to Ambulance District 'Increase $ 993.36
Expense H.4189.0400.2016.33 Ambulance Equipment Decrease 993.36
Expense H.9900.9909.2017.33 Transfer to Ambulance District Increase $ 5,719.92
Expense H.4189.0400.2017.33 Ambulance Equipment Decrease 5,719.92
Expense H.9900.9909.2019.03 Transfer to Ambulance District Increase $ 1,390.00
Expense H.4189.0400.2019.03 Ambulance Equipment Decrease 1,390.00
10 Expense H.9900.9980.2017.06 Transfer to Debt Service Fund ,Increase $ 7,883.00
Expense H.5110.0400.2017.06 Vehicles Decrease 7,883.00
11 Revenue H.0000.3989.2016.14 State Grant Funds- NYSERDA Increase $ 50,000.00
Expense H.1620.0400.2016.14 Town Center Improvs Increase 50,000.00
12 Expense H.9900.9901.2017.58 Transfer to General Fund Increase $ 8,000.00
Expense H.1621.0400.2017.58 Senior Center Building Improvs Decrease 8,000.00
2020 OPERATING FUNDS-CAPITAL PROJECT AMENDMENTS
t
Item# WATER(FUND SW):
2 Expense SW.9900.9950 Transfer to Capital Decrease $ 4,021.16
Income SW.0000.5995 Appropriated Fund Balance Decrease 4,021.16
3 Expense SW.9900.9950 Transfer to Capital Increase $ 131,181.23
Income SW.0000.5995 Appropriated Fund Balance Increase 131,181.23
Item# FIRE(FUND SF):
5 Expense SF.9900.9950 Transfer to Capital Increase $ 144,600.52
Income SF.0000.5995 Appropriated Fund Balance Increase 144,600.52
Item# PART TOWN(FUND B):
6 Expense B.9900.9950 Transfer to Capital Increase $ 45,000
Income B.0000.5995 Appropriated Fund Balance Increase 45,000
e 4 Town of Mamaroneck
Town Center
- 740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FOUMOEDIdal
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: June 3, 2020
SUBJECT:
ATTACHMENTS:
Description