HomeMy WebLinkAbout2021_08_17 Town Board Meeting PacketTOWN OF MAMARONECK
TOWN BOARD AGENDA
Tuesday, August 17, 2021
5:00PM TOWN BOARD WORK SESSION: The Work Session will convene in Conference
Room C located on the ground floor at the Town Center.
1. Update Tree Law and Sustainability Collaborative
2. Discussion Garit Lane Restricted Parking
3. Discussion Pryer Manor Lane Dedication
4. Update Community Solar
5. Update Sanitation Commission
6. Update Weaver Street Sidewalk Extension Capital Project
7. Review Report of Bids TA2108 Town Center HVAC Improvements
8. Discussion Limiting Commercial Work during the Weekend
9. Update American Rescue Plan Act
10. Discussion Draft Resolution "For the People"
11. Discussion Residential Housing Study and Moratorium
12. Request for Executive Session
8:00PM TOWN BOARD REGULAR MEETING: The Town Board meeting will convene in the
Courtroom located on the second floor at the Town Center. The public is able to view the
meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org.
SUPERVISOR'S REPORT
PUBLIC HEARING
1. NYStrech Code 2020
CITIZEN COMMENTS
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Set Public Hearing Amend Central Air Conditioning Law
2. Salary Authorization Junior Network Specialist, IT Department
3. 2021 Capital Budget Amendments
4. 2021 Operating Budget Amendments
5. 2021/22 School Tax Warrant
Page 1 of 113
REPORT OF MINUTES
1. Report of Minutes from the July 21, 2021 Town Board Meeting
2. Report of Minutes from the July 28, 2021 Town Board Meeting
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETING
Any physically handicapped person needing special assistance in order to attend the meeting
should contact the Town Administrator’s office at 3817810.
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TOWN OF MAMARONECK SUSTAINABILITY COLLABORATIVE
2021.0810
AUGUST 17 BOARD WORK SESSION— PRIORITIES FOR IMPLEMENTATION BEFORE THE END OF 2021
Due to the Board's urgent need to update the Tree Code (Chapter 207) in order to deal with the overwhelming
volume of tree removal permit applications, illegal removals and the damage that these actions are causing to
the Town's infrastructure,the Collaborative's Priorities for Implementation before the end of 2021 are,starting
with highest priority:
FIRST PRIORITY:
• Eliminate the exception for properties less than 20,000 sf in area
SECOND PRIORITY:
• Ban clear-cutting of portion of any property, defined as wholesale removal of trees within a contiguous
ground area of 500 sf or greater,defining this as a violation of Chapter 207 subject to a penalty of$25,000
THIRD PRIORITY:
• Ban the "topping" of trees (cutting off the top section(s) of a tree,which weakens the tree and exposes it to
decay and the invasion of insects and disease), defining this as a violation of Chapter 207 subject to a
violation of$5,000 per tree
FOURTH PRIORITY:
• Instruct Town employees, including the Environmental Planner,the Town Arborist, and the Building
Inspector,that:
• Each official shall thoroughly review each tree removal AND building permit application with regard to
possible tree removals
• The Environmental Planner shall post, on the Conservation Department's page of the Town Website,any
application for either a tree removal permit or a building permit where tree removal may be required,
and shall require the property Owner to post sign(s)at the property, in the same location, size,format
and contents as signs required for Planning Board Variances, indicating that a tree removal or building
permit application has been filed
• Each official shall visit the property and the tree(s)that are subject to the application,to personally
evaluate the location, size, height, canopy width and health of the tree in order to assess the tree's
environmental importance and contribution to community quality of life
• All three officials shall meet with and consult with the three-person Tree Committee,formed from three
Appointed Members of the Sustainability Collaborative,to seek advice and information on whether a
tree removal permit is justified
• Each official shall Document, in writing, each official's inspection of the tree(s) in question and their
evaluation of whether the existing tree removal permit's requirements have been satisfied
• The Environmental Planner shall Document and post on the Conservation Department's page of the
Town Website any and all decisions, and the rational for those decisions, regarding EITHER tree removal
permit applications OR building permit applications that may include tree removals and shall require the
property Owner to post sign(s) at the property, in the same location,size,format and contents as signs
required for Planning Board Variances, indicating that a decision on a tree removal or building permit
application has been made
Sustainability Collaborative Tree Team:
Arlene Novich, Mark Kramer,Jacob Levitt,June Wallach, Robert Irwin, Michele Lewis, Mitch Green, Luke Brussel
2021.0708
TO: THE TOWN OF MAMARONECK BOARD
FROM: THE SUSTAINABILITY COLLABORATIVE
RE: UPDATING THE “TREE CODE”, CHAPTER 207
Town Board Members:
Thank you for expressing interest in updating Town Code Chapter 207, the “Tree Code”, and for requesting the
Sustainability Collaborative’s “red-line” of the existing chapter. Enclosed please find our “red-line” which was
compiled by the Collaborative’s eight-member “Tree Team” together with input from other Appointed
Collaborative Members.
The update is based on the findings of the “Tree Canopy White Paper”, already submitted to the Town and
posted on the Town’s website. In keeping with your concerns expressed during the March 2021 Town Board
Work Session, this update outlines a shift in emphasis to implement Town’s and White Paper’s policies to
preserve, restore and expand the Town’s Tree Canopy.
The update was prepared by consulting a wide variety of sources, including recent Tree Code updates by local
municipalities (e.g., Scarsdale, Village of Mamaroneck, Ossining, Greenburgh, Westchester County), and
information from established and well-respected experts in tree selection, planting, growth, maintenance and
preservation (e.g., Cornell University Agricultural Extension, Arbor Day Foundation, Audubon Society, Hudson
Valley ReLeaf, New York State DEC, U.S. EPA, Nature, Environment & Human Health, Inc., United Nations
Sustainable Development Guide, United Kingdom Network Railways’s 2020-2050 Sustainability Strategy).
Tree Canopy preservation, restoration and expansion is now recognized nationally as an important
infrastructure and resident health imperative. Two recent New York Times articles highlight the major roles of
trees in reducing burdens on over-stretched and under-funded civic infrastructure (Since when have trees
existed only for Rich Americans?, https://www.nytimes.com/interactive/2021/06/30/opinion/environmental-
inequity-trees-critical-infrastructure.html?referringSource=articleShare) and the tree canopy’s role in reducing
respiratory disease occurrence and heat-induced deaths of local populations (What Technology could reduce
heat deaths? Trees!, https://www.nytimes.com/2021/07/02/climate/trees-cities-heat-
waves.html?referringSource=articleShare).
We recognize there is a lot to consider in this “red-line”. As a first step, please review the first section, 207-1.
This section outlines the major features of the code update, providing an “executive summary” to the sections
that follow. Section 207-1 is probably a good starting point for conversation; we are eager to begin that
conversation with the Board at the earliest possible date.
Again, thank you for the opportunity to respond to Board concerns with what we hope will be considered
substantial, detailed and implementable proposals for action.
We look forward to discussing with the Board later this month
Thank you
Town of Mamaroneck Sustainability Collaborative
Arlene Novich, Tree Team Leader
Mitch Green, Chair
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Town of Mamaroneck Tree Code Chapter 207
2021.0808 Update
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§ 207-1. Findings; purpose and definitions. [Amended 3-15-2017 by
L.L. No. 4-2017]
A Trees are crucial to our survival
The Town finds that Trees are crucial to our survival and directly improve our health and resilience as
a community. Trees are vital for oxygen production, air and water purification, storm water and flood
risk mitigation, heat reduction on summer days, protection against erosion, and enhance our health
and sense of well-being.
B Trees are of great value and a defining part of our Community Character
The Town finds our trees provide value and make important contributions to the health, safety and quality
of life of the Town of Mamaroneck while substantially increasing property values. The presence of mature
Oak, Tulip Poplar and other species that have grown here for over a century define the unique character of
our Town and connect residents with the Town’s history. Our trees provide aesthetic appeal, enhance
green space, provide critical habitat for wildlife, offer a natural barrier to noise and enhance our
Community Character. These social, economic, and ecological benefits increase as trees grow and mature.
C Trees are an important part of our Infrastructure
The Town finds that our trees are a vital part of our infrastructure. Our trees reduce storm runoff
which can overwhelm our sewers and streams, provide shade to reduce summertime energy costs and
capture carbon dioxide to reduce Greenhouse Gases (GHGs). Our trees are as important to our
infrastructure as are roads, sidewalks, telephone poles and wires.
D Town policy to Preserve, Restore & Expand our Tree Canopy
The Town’s policy is to preserve, restore and expand the Town’s Tree Canopy. Since 2007, the Town
has lost more than twice as many trees as it has been able to replant due to the increase in extreme
storms and the tree falls they create as well as the lack of effective control on unnecessary tree
removal. To reverse this decrease, the Town is updating this chapter to support the Town’s increased
pace of tree planting on Town property and expanded planting opportunities for residents through the
“Trees For Our Town” program.
E This Chapter is applicable to all areas within the Town
This Chapter is applicable to all areas within the Town without limitation, including: i) public areas; ii)
all private property, whether residential, commercial or institutional; iii) areas of private-public
cooperation, including the planting strips between sidewalks and curbs as well as the first ten feet of
private property adjacent to street rights-of-way.
F This Chapter applicable to all Conditions
This chapter covers: i) conditions where no change in ownership or proposed construction has
occurred; ii) changes in ownership; iii) building renovations, additions and/or tear-downs; and iv)
emergency extreme storm clean-up periods declared by the Town.
G Tree Removal Criteria
The Town finds that while in certain circumstances trees may need to be removed, the criteria for
removal and the process to evaluate and decide on tree removal applications must carefully balance
safety and health with preserving, restoring and expanding our Tree Canopy.
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Town of Mamaroneck Tree Code Chapter 207
2021.0707 Update
2
H Value-for-Value Tree Removal and Replacement
The Town finds that tree removal without replacement does not contribute to the preservation,
restoration and expansion of our Tree Canopy. This Chapter outlines the Town’s “Value for Value” tree
replacement approach, including calculation methods and criteria for: i) Tree Trunk Diameter (DBH);
ii) Tree Height; iii) Tree Canopy Width; iv) Native or Invasive Tree Species; v) Total Trunk Area; and
vi) Tree Age.
J Penalties for Violations
The Town finds that penalties for violations need to be strengthened, moving the penalties closer to
the actual loss of value to our infrastructure, health and Community Character.
K Fees for Tree Removal and Replacement
The Town finds that Fees for Tree Removal must be adjusted to make Tree Replacement a Pre-
requisite, recognizing the environmental contributions of trees proposed to be removed.
L Existing Town Documents which support this Chapter and Town Policies
The Town finds that, to assist in the implementation of this chapter, the Town will maintain and
update: i) the Trees For Our Town List (to emphasize Native Tree Species, prohibit Invasive Species,
with updating every two years to reflect climate change impacts; and ii) Yearly Trees Planted & Trees
Removed Lists, submitted to the Arbor Day Foundation in support of the Town’s continuing “Tree City
USA” designation.
M New Town Documents required to support this Chapter and Town Policies
The Town finds that, to complement the existing documents, this chapter establishes the: i) Public &
Street Tree Inventory List; ii) Public & Street Tree Inventory Map; iii) Acceptable Tree Planting
Locations (updated Yearly); iv) Tree Species Diversity Guidelines; v) Street Tree Planting Guidelines;
and vi) Parking Area Tree Planting Guidelines.
N Tree Committee
The Town finds that a Tree Committee, composed of Town of Mamaroneck Sustainability Collaborative
Appointed Members, will assist Town government by preparing documents for Town review as well as
collaborating with and advising Town Employees in reviewing and evaluating proposals for Tree
Removal and Replacement.
A. The destruction or damage to shade, ornamental and evergreen trees and plants
and the indiscriminate and excessive cutting of these trees in subdivisions and on
private property causes barren and unsightly conditions, creates increased surface
drainage problems, increases municipal costs to control drainage, impairs the
stability and value of improved and unimproved real property and causes
deterioration to the community which adversely affects the health, safety,
environment, ecosystems and general welfare of the inhabitants of the Town of
Mamaroneck. This chapter seeks to correct these conditions.
P Environmental Planner
"Environmental Planner" means the person serving in that capacity. If the position of
Environmental Planner is vacant, or if the Environmental Planner is unable to perform the
tasks of that position, the Town Board may appoint another Town employee or a consultant
to perform the tasks required to be performed under this chapter.
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Q Arborist
“Arborist” means the person serving in that capacity, who shall have successfully completed the
required studies, successfully passed the required examinations, and currently holds a valid
certificate to qualify as an Arborist as required by New York State. If the position of Arborist is
vacant, or if the Arborist is unable to perform the tasks of that position, the Town Board may
appoint another Town employee or a consultant to perform the tasks required to be
performed under this chapter. The Arborist is the Town’s specialist in the health and physical
care of our Trees, including pruning, fertilizing, disease diagnosis and treatment.
R Building Inspector
“Building Inspector” means the person serving in that capacity. If the position of Building Inspector is
vacant, or if the Building Inspector is unable to perform the tasks of that position, the Town
Board may appoint another Town employee or a consultant to perform the tasks required to
be performed under this chapter.
S Application of Code Chapter 207 with the activities of Town Departments,
Commissions and the Coastal Zone Management Commission
The Town finds that the requirements of this Code Chapter 207 must be applied to the
activities of: (i) Town Departments, in the review of Building Permits, Soil Erosion Control
Permits, Run-off & Drainage Control Permits; (ii) the Planning Commission in the review of
applications for Site Development Permits & Variances; (iii) the Zoning Commission in the
review of applications for Special Use Permits & Variances; and (iv) the Coastal Zone
Management Commission in the review of applications related to Watershed areas
T Tree Trunk Circumference shall mean the distance around the trunk of a tree, in
inches, measured at four (4) feet above ground level at the tree’s base as measured
independently & then agreed by the Arborist and Environmental Planner. Where a tree may
be split into multiple trunks at four feet above ground, Tree Trunk Circumference shall mean
the sum total of all of a tree’s trunk circumferences measured at four feet above ground level.
U DBH (Tree Trunk Diameter at Breast Height) shall mean the diameter of the tree
trunk, in inches, measured at a distance of four (4) feet above ground level at the tree’s base,
as measured independently and then agreed by the Arborist and Environmental Planner
V Total Trunk Area shall mean the area of the tree truck, in square inches, measured at
a distance of four (4) feet above ground at the tree’s base. In computing the total trunk area,
the certified Arborist or the Environmental Planner shall measure the outer circumference of
the tree at four feet above ground, divide this circumference by “pi” (approximately
3.1415926) to obtain the diameter, divide the diameter by two (2) to obtain the radius, and
then multiply the square of the radius (r multiplied by r) by “pi” approximately 3.1415926).
W Tree Height shall be the height of the tree from ground to the top of the tallest
branch, as independently estimated and then mutually agreed by the certif ied Arborist and
the Environmental Planner
X Tree Canopy Width shall be the maximum width of the furthest extent of the tree’s
branches, as independently estimated and then mutually agreed by the certified Arborist and
the Environmental Planner
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§ 207-2. Cutting or destruction of trees restricted; exceptions. [Amended
7-17-1996 by L.L. No. 14-1996; 3-15-2017 by L.L.
No. 4-2017]
A No person, firm or corporation or individual connected with such firm or
corporation shall either purposely or negligently cut down, kill or otherwise
destroy or commit any act which will lead to the eventual destruction of any
tree exceeding three six inches in diameter at a height of four feet measured
from the ground on any private property or public property within the
Town of Mamaroneck unless he is in the possession of a permit to do so
issued by the Environmental Planner pursuant to § 207 -4. Permits issued for
any other purpose by the Town shall not be valid for this purpose.
Replacement Trees exceeding three inches in diameter resulting from the
requirements of this Chapter are similarly protected and require a valid
permit for their removal. A lot of 20,000 square feet or less substantially
developed with improvements and a structure or structures situated thereon
shall be exempt from this section.
B Notwithstanding any other provision of this chapter, any property owner
applying for subdivision or site plan approval whose plans would require the
removal of any trees on said property shall make application to the Planning
Board of the Town of Mamaroneck, which shall have sole jurisdiction
regarding the proposed removal of such trees. As part of the Planning Board’s
review, the Environmental Planner, the Arborist and the Building Inspector shall seek
the assistance and advice of the Tree Committee in their review and evaluation of this
application, including presentation of their findings to the Planning Board. The
Planning Board, having consulted the Environmental Planner, the Arborist and
the Tree Committee regarding evaluation of the application agai nst the
provisions of this chapter, may grant or deny such application on such terms
and conditions as it may prescribe, it being understood that there must, in any
event, be full compliance with Chapter 190, Subdivision of Land, and
Chapter 177, Site Plan Review, of the Code of the Town of Mamaroneck. In the
event that the property owner, subsequent to the filing of a final plan or site
plan, shall require or allow the remova l of any trees which deviates from the
plans approved by the Planning Board, the property owner will be required to
file a new application with the Planning Board seeking a variance from its
approved application, where review of such application must follow all
normal Variance application procedures and include the review and re port of
the Environmental Planner, Arborist and Tree Committee on the merits of the
application against the provision of this chapter. must be made to the
Environmental Planner and all requirements of this chapter s hall be
applicable
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§ 207-3. Additional duties of Environmental Planner. [Amended 11-
28-1990 by L.L. No. 6-1990; 9-25-1991 by L.L.
No. 8-1991; 5-15-1996 by L.L. No. 12-1996; 4-22-2003 by L.L.
No. 12-2003; 3-15-2017 by L.L. No. 4-2017]
A Maintain & update the “Trees for Our Town List”
See §207.14 for the Environmental Planner’s duties related to the “Trees For Our
Town List”.
B Maintain & update the “Public & Street Tree Inventory List and Map”
See §207.15 for the Environmental Planner’s duties related to the “Public & Street
Tree Inventory List” and “Public & Street Tree Inventory Map”.
C Maintain & update the “Trees Removed and Trees Planted” Lists
See §207.16 for the Environmental Planner’s duties related to the “Trees
Removed and Trees Planted” Lists.
D Maintain & update the “Acceptable Tree Planting Locations” List & Map
See §207.16 for the Environmental Planner’s duties related to the “Acceptable
Tree Planting Locations List” and the “Acceptable Tree Planting Locations Map”.
E Maintain & advise on the “Tree Species Diversity Guidelines”
See §207.16 for the Environmental Planner’s duties related to “Tree Species
Diversity Guidelines”.
F Maintain & advise on the “Street Tree Planting Guidelines”
See §207.20 for the Environmental Planner’s duties related to “Street Tree
Planting Guidelines”.
G Maintain & advise on the “Parking Area Tree Planting Guidelines”
See §207.21 for the Environmental Planner’s duties related to “Parking Area Tree
Planting Guidelines”.
H Planting of Trees and Shrubs on Town property
In addition to its other duties as provided for in this chapter, the Environmental
Planner shall advise the Town Board in its selection, purchases, placement, and
planting of trees and shrubs on municipal property and shall maintain an
inventory and management plan for the continued maintenance and
improvement of municipal plantings.
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§ 207-4. Criteria for removal of trees. [Amended 5-18-2005 by
L.L. No. 8-2005]
A. Applications for tree removal will be carefully reviewed for consistency with the
requirements of §207-4. Tree removal permits may be approved if the application meets
the requirements of §207-4(B), may be denied according to the requirements of §207-
4(C), and will only be granted in combination with the applicant’s tree replacement plan
prepared and implemented as required by this chapter, §207-12 and §207-13.
B. Permits for the removal of trees may be granted only under the following
circumstances:
(1) If the presence of trees would cause hardship or imminently endanger the
public, a or the person, or habitable buildings or habitable structures on the
property of the owner;
(2) On property to be occupied by proposed buildings or structures, or within a
distance of 10 five (5) feet around the perimeter of such proposed building
or proposed structure, depending upon tree species and conditions to be
determined by the Environmental Planner, and only as determined by the
Building Inspector and/or Planning Board in the course of review and
evaluation of the property owner’s official application, and only allowed upon
the official approval of such application. [Amended 3-15-2017 by L.L. No. 4-2017]
(3) If the trees substantially interfere with a permitted use of the property,
and the removal of the trees sh all be performed in a selective manner.
(4) If the property shall have an approved cut or fill of land deemed by the
Environmental Planner to be injurious or dangerous to the trees.
[Amended 3-15-2017 by L.L. No. 4-2017]
(5) Where the trees to be removed are dead or so substantially diseased that,
in the opinion of the certified Arborist, or so substantially diseased as
determined and verified with detailed written and/or photographic documentation by
the Town Arborist or a certified Arborist, that Environmental Planner, and the
tree constitutes a potential likely danger as specified in §207-4(B), a tree
removal permit may be granted. [Amended 3-15-2017 by L.L. No. 4-2017]
(6) If the permit application for tree removal includes, as part of the application, the
applicant’s Replacement Tree Planting Plan which is fully compliant with §207.12 and
§207.13, a tree removal permit may be granted.
(7) If the proposed Replacement Tree Planting Plan can completely replace or exceed, in
total, the Tree Trunk Circumference, Total Trunk Area, Height and Tree Canopy of the
tree to be removed, a tree removal permit may be granted.
(8) If the removal of more than one tree is being proposed for removal, each tree shall be
evaluated individually.
(9) If the tree removal application is for a property which changed ownership at any time in
the twenty-four (24) months prior to the date of the application, a tree removal permit
may only be granted if the Environmental Planner, Arborist and Building Inspector
receive a statement from the applicant justifying the application and, after evaluation
together with the Tree Committee, a tree removal permit may be granted.
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C. Satisfying any of the following criteria are grounds for denying a tree removal permit:
(1) If the application requests removal of 20% or more of the number of trees on a property,
or 20% or more of the total Tree Trunk Circumference on the property, or 20% or more
of the total Tree Canopy on the property, a permit shall not be granted and the
application shall be deemed to require a zoning variance and shall require the filing of a
zoning variance application with all of the requirements and procedures of such a
variance.
(2) If the application proposes Clear-cutting, defined as the removal of entire areas of all
vegetation, including trees, over 20% or more of the property area, is prohibited and no
tree removal permit will be granted.
(3) If the property has lost trees in the past ten (10) years, so that the proposed removal,
when combined with previous losses, equal 20% or more of the total number of trees, or
20% or more of the total Tree Trunk Circumference, or canopy width, which might
constitute clear-cutting or require a variance, a tree removal permit will be denied.
(4) If the tree proposed to be removed is a native species of special ecological significance,
such as oak or maple, a tree removal permit will be denied.
(5) If the tree proposed to be removed located on a steep slope or in a wetlands area where
its removal may increase storm water runoff, soil erosion or damage wetlands
ecosystems, or in a group such that its removal will make the other trees more
vulnerable to extreme wind or weather, a tree removal permit will be denied.
(6) If the tree proposed to be removed is close to or surrounded by power lines or
communications cabling, and the Arborist, Environmental Planner, Forestry Officer and
Building Inspector work with the applicant to trim only those portions of the tree
impacted by the utilities so that most of the tree can remain, a tree removal permit will
be denied.
(7) If the tree proposed to be removed merits special consideration for preservation based
on any of the following: i) age greater than fifty (50) years; ii) height greater than fifty
(50) feet; iii) Tree Trunk Circumference greater than thirty (30) inches; iv) Total Trunk
Area greater than one-hundred-fifty (150) square inches; v) part of a closely spaced
cluster of trees which are interdependent in terms of resisting wind shear; or vi)
ecologically important and desired species, such as oak or maple, a tree removal permit
will be denied.
(8) If the removal of the tree proposed in the application will substantially diminish the
Community Character of the surrounding neighborhood, a tree removal permit will be
denied.
(9) If an application for a tree removal permit is proposed in order to provide space for
drainage systems proposed as part of a residential tear-down, renovation or addition, a
tree removal permit will be denied.
D Notwithstanding Subsection B of this section, if the Arborist and the Environmental
Planner each independently determine, substantiate in writing and photographically document
that a tree is currently hazardous to life or property and in imminent danger of causing damage,
the Environmental Planner may grant a permit for the immediate removal of such tree after
review and written approval by the Town Supervisor, without having to follow the procedures or
requirements set forth in §207-6 or §207-10 of the Code, with the results of such action posted on
the Town website. subject to review by the Town Administrator and the Town Supervisor
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(Amended 3-15-2017 by L.L. No. 4-2017)
E The determination of dead trees by the Environmental Planner certified Arborist shall be
final and shall depend upon the species of the tree(s), the degree of injury and the likelihood of
survival of the tree(s) and consideration of the general welfare and the overall environment of
the area, except that it shall be subject to such review as is authorized by §207-6H. (Amended 3-
15-2017 by L.L. no. 4-2017)
§ 207-5. Qualifications for issuance of permits. [Amended
5-18-2005 by L.L. No. 8-2005; 3-15-2017 by L.L. No. 4-2017]
The Environmental Planner must be trained and knowledgeable in
dendrology (the science of trees) in order to make sound determinations as
required by this chapter. Starting in 2018, at least once every five three (3)
years, the Environmental Planner shall take a course, at the Town's
expense, to update and increase the Environmental Planner’s knowledge and increase their
skills related to the subject matter of this chapter. The course shall be offered by from an
organization whose educational purposes inclu de dendrology (the science of
trees). Such course must include an introduction in determining the health of
trees. Anyone hired to replace the then current Environmental Planner shall
take such a course by no later than December 31 of the year following th e
year of that person's appointment and thereafter shall take such course at
least once every five three (3) years.
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§ 207-6. Tree removal permit procedure; bond. [Amended 2-6-1991
by L.L. No. 1-1991; 9-5-2007 by L.L. No. 9-2007;
8-17-2011 by L.L. No. 8-2011; 3-15-2017 by L.L. No. 4-2017]
A. All applications for permits hereunder shall be made in writing and verified
under oath upon forms prescribed by the Environmental Planner and approved
by the Town Board of the Town of Mamaroneck. The fee for each application is
as set forth in §207-13 and is payable upon submission of the application.
B. The applicant shall submit property surveys or plot plans showing existing
and proposed contours at two -foot intervals on a map or plan, at a scale no
smaller than one inch equaling twenty (20) feet. Within a radius of one-
hundred (100) feet from each tree proposed to be removed, all where trees
are to be removed or destroyed, existing trees shall be located and
described, including: specifying i) Tree Trunk Circumference at four feet
above the ground; ii) Total Height; iii) Tree Canopy Width; iv) Total Trunk
Area; and v) Species. All trees proposed to be removed types and sizes, shall
be described with the same information as the exist ing trees shown and the
reasons for removing or destroying said trees shall be set forth. The plans
which show the trees proposed to be removed shall also completely describe the
Tree Replacement Planting Plan, including for each proposed replacement tree its:
i) street address; ii) location within the property or within public property as may
be required; iii) Tree Trunk Circumference; iv) Total Height; v) Tree Canopy Width;
vi) Total Trunk Area and vii) Species, and viii) any calculations required to verify
compliance with this chapter. provide for new trees to be planted and shall
specify their location and type to replace the existing trees in kind. When
the existing trees are so large and mature that they cannot be replaced,
the Environmental Planner may require planting of multiple trees instead.
On substantially wooded lots (lots containing 30 or mo re trees per acre
meeting the requirements of 207 -2A, the Environmental Planner shall have
discretion of waiving the requirement of replacement of eac h tree in kind or
payment of a fee.
C. On the property survey or the plot plan, The Environmental Planner shall
may require additional information such as the location of buildings
either existing or proposed, design, height and location of landscape
walls, disposition and design of storm drainage and any other
information pertinent to the individual circumstances.
D. Where extensive tree cutting is proposed, planned defined as the
proposed removal of four (4) or more trees of any caliper or a total Tree
Trunk Circumference of forty (40) inches or more, and if the tree removal
application is approved, the Environmental Planner may will require the
applicant to pay for a certified Aborist as a Construction Inspector to be
assigned by the Environmental Planner to su pervise the orderly
development of the land and ensure the protection of the trees.
E. Immediately on receipt of the completed tree removal permit application,
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and before any All decisions or determinations are made by the
Environmental Planner, notice shall be sent to all property owners within a
five-hundred (500) foot radius of the applicant’s property, notice shall be
sent to the Planning Board, and the applicant will be required to post one or
more sign(s) at the street edge of the applicant’s property, of the same type,
size and font size as signs required for Planning Board or Zoning Board
Hearings, that a tree removal permit has been filed. approving applications
pursuant to this chapter shall be sent to all property owners within a two -
hundred-fifty (250) foot radius of the applicant’s property and to the
Planning Board.
F. Any person, firm, organization or corporation entitled to receive notice of a
decision or determination made by the Environmental Planner has the right,
within ten (10) working days of receipt of the permit application notice but
at least five (5) working days before the “Decision Date” listed on the notice,
to submit to the Arborist, Forestry Officer, Environmental Planner or
Building Inspector their written comments regarding the pro posed tree
removal permit.
G. The Environmental Planner, Forestry Officer, Arborist and Building Inspector,
within twenty-five (2520) working days from the date the application is
submitted in final form, and after meeting with the Tree Committee to obtain
their assistance and advice, shall approve or disapprove the application for
permit. No trees shall be cut pursuant to a validly issued permit for a period of
fifteen (15) working 10 days from the date of the issuance of said permit. The
failure to act upon the application for permit within said twenty-five (250)
working days shall be deemed a granting of automatic approval by the
Environmental Planner of the application for permit.
H. Subsequent to any granting of a tree removal permit, the Environmental
Planner shall send notice within three (3) working days to: (i) the Planning
Board; (ii) to all property owners within a five -hundred (500) foot radius of the
applicant’s property; and (iii) post notice on the Town’s website, and the
applicant will be required, within three (3) working days of granting of a
permit, to post one or more sign(s) at the street edge of the applicant’s
property, of the same type, size and font size as signs required for Planning
Board or Zoning Board Hearings, that a tree removal per mit has been filed. Any
person, firm, organization or corporation entitled to receive notice of a
decision or determination made by the Environmental Planner has the right
to appeal that decision or determination to the Board of Appeals, which may
affirm, annul or modify that decision or determination. Notice of that appeal
must be in writing, must be accompanied by the appellant's reasons for
annulling or modifying the Environmental Planner's decision or
determination and must be received by the Environmen tal Planner no later
than the 14th working day after the notice of a decision or determination was
mailed to the appellant or posted on the Town’s website, whichever is later .
The Environmental Planner's decision and determination shall be stayed
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until the Board of Appeals decides the appeal or the appeal is dismissed or
withdrawn. The decision of the Board of Appeals on that appeal shall be
filed with the Environmental Planner. During the Board of Appeals period, any
action by the applicant related to the cutting or removal of trees shall be
considered a violation of this chapter subject to penalties in §207-11.
I. Any person aggrieved by a decision of the Board of Appeals, may appl y to
the Supreme Court of the State of New York for review of that decision by a
proceeding brought under Article 78 of the Civil Practice Law and Rules.
Such proceeding must be instituted within 30 days after the decision of the
Board of Appeals is filed with the Environmental Planner. During this thirty-
day period, or during such proceeding, the applicant may not begin any work
related to tree removal. Starting such work prior to the resolution of such
proceedings shall constitute a violation of this chapter subject to penalties in
§207-11.
J. Together with notice to the applicant that a tree removal permit has been
approved, but before the tree removal permit is issued, t he
Environmental Planner shall require that the applicant or applicant's
representative who shall be performing the work shall furnish the Town
with a performance bond as approved by the Counsel to the Town in an
amount sufficient to cover 90% of the tree removal, stump removal, land
re-grading, replacement tree purchase, replacement tree planting and tree
removal area restoration work to be completed in accordance with the plans
accompanying the application, which costs shall include the Town’s costs
related to planting replacement trees on public lands if the applicant will
not be doing that Work directly. The remaining 10% of the cost of
restoration and replanting shall be in cash, deposited in a special tree
preservation escrow account. The total amount of the bond and cash
deposit shall reflect all removal, purchase of replacement trees, re -
planting, restoration and protection costs and shall be in accordance
with each set of individual circumstances.
K. Upon completion of all planting and restoration work to the satisfaction of
the Arborist, Environmental Planner and Building Inspector, the
performance bond shall be canceled and replaced with a maintenance
bond in the same amount as the performance bond to be approved by the
Counsel to the Town and to run for a term of two years. The ten -percent
cash in escrow shall remain on deposit with the Town until the
maintenance bond is canceled.
L. During the two-year duration of the maintenance bond, the Arborist shall
visit the locations of replacement tree planting at least once during
spring, summer and fall, a minimum of three times per year, and file a
written report to the Environmental Planner, the Building Inspector and
the applicant, detailing any issues identified and curative remedies
required to be applied. Failure by the applicant to complete the curative
remedies within fifteen (15) calendar days of the Arbori st’s report filing
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shall constitute grounds for the forfeit ure of the bond and deposit.
M The Environmental Planner or the Building Inspector may revoke any tree
removal permit if the work is not proceeding according to permit, with the applicant
subject to penalties in section §207-11.
N If an applicant is required to obtain a building permit for construction on the
applicant’s property and if the proposed construction would require, in the
evaluation of the Building Inspector, Town Engineer or Environmental Planner,
calls for trees on the applicant’s property to be cut down, this chapter’s
requirements related to proposed tree removal applications, reviews and
approvals shall apply and shall proceed together with the building permit
application, including any proposed drainage work required by the tear -down,
renovation, or addition to buildings or structures proposed in the building permit
application. Only and if the applicant satisfies the criteria for a permit to remove
certain trees, and only if the applicant is also successful in gaining building pe rmit
application approval, so that the proposed construction can proceed, the permit
to remove those trees shall not be issued until a building permit for the
applicant’s proposed construction is issued.
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§ 207-7. Tree removal; restoration.
A. All persons who remove or cause to be removed trees with or without a permit,
as required, shall restore the area by backfilling all holes and by creating an
acceptable grade and covering, subject to approval by the Environmental
Planner. During any construction that may, or may not, involve existing trees to be
either retained or not scheduled to be removed, the applicant, or the applicant’s
agent, shall take care to protect and preserve such existing trees, including their
tree roots, trunks and branches. Any trees damaged by such activities shall be
deemed trees removed without a permit, subject to the provisions of this chapter,
including penalties which shall be applicable to the applicant and its agent.
B. Any tree damaged during the construction or development of any the property
shall be deemed to have been removed without a permit and in violation of the
provisions of this chapter, with the person or persons who damaged the tree or
the property owner subject to penalties in §207-11.
C. Any tree damaged shall be either replaced according to the requirements for this
chapter, in §207-12. in kind or, where existing trees are so large and
mature that they cannot be replaced, the E nvironmental Planner will may
require the planting of multiple trees instead. Minor tree damage shall be repaired in
accordance with accepted tree surgery practice.
D. Damaged and repaired trees shall be inspected at least two times per year by the Arborist. If,
after two years, the Arborist determines that the tree is not viable, the property owner has
the option to seek removal of the tree through the tree removal and replacement process
and requirements of this chapter.
E. Topping of trees is prohibited unless approved by the Certified Arborist.
F. Tree stumps shall be removed, not cut flush. After t he planting of trees,
removal of all debris in the disturbed area shall be made immediately. The
property where such planting is done must be left in a neat and orderly
condition with good and acceptable planting and tree surgery practice. On
substantially developed lots, the Environmental Planner shall have the
discretion, when it is not reasonably feasible to maneuver stump removal
equipment to the location of a stump or where the stump is in close proximity
to existing structures, to modify the provisions of this subsection with regard
to stump removal. [Amended 2-6-1991 by L.L. No. 1-1991]
G. All existing, newly planted or replacement trees on a property which fail to
survive for a period of two calendar years following completion of planting
and/or construction shall be replaced by the permit holder at no expense to
the Town or the owner of the land, if other than the holder of the permit. Said
replacement shall be within 60 days following written demand for such
replacement from the Environmental Planner or within an extended period of
time as may be specified. Should the permit holder fail to replace the trees
pursuant to demand within the required period of time, the Environmental
Planner shall have the right to declare the maintenance bond in default
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and apply the escrow cash deposit and the proceeds of the bond to replace
the required trees. [Amended 3-15-2017 by L.L. No. 4-2017]
H. All tree planting, tree dressing and associated restoration work must be
substantially completed within six months from the date of issuance of the
tree removal and replacement tree planting permit except that the permit
may be extended by the Environmental Planner, which shall have the
sole discretion to grant such an extension. Under all ci rcumstances, the
performance bond or the maintenance bond obtained by the permit
holder shall continue in full force and effect until there has been full
compliance and approval of all restoration work by the Environmental
Planner. In the event that planting and restoration work has not been
substantially completed within six months and no permit extension has
been applied for or granted, the Environmental Planner shall have the
right to consider the site abandoned and declare the performance bond or
the maintenance bond in default and may apply the escrow deposit and the
proceeds of the bond to perform all required planting and restoration
work. By accepting a permit, the holder thereby agrees to this procedure
and grants unconditional access to the land fo r such restoration purposes.
(Amended 3-15-2017 by L.L. 4-2017)
I. Within a right-of-way (ROW), and except for tree pruning and trimming, no entity or its
agents or contractors shall cut, top or remove any part of a tree unless such tree poses an
imminent danger to the public. If the utility believes that a tree is so entangled with an
electric line to prevent portions of such tree from falling on or otherwise interfering with
the line, the utility or its agents may request the assistance of the Town Arborist in
preparing a plan for pruning and trimming to enable the tree to remain with minimal
damage while maintaining the electric lines in service. In the case of extreme weather or
the aftermath of an extreme storm, notwithstanding the preceding provisions of this
Subsection, a utility or its agent may cut, top or remove portions or all of a tree within a
ROW if it has fallen on a distribution line or is in imminent danger of doing so.
§ 207-8. Certificate of Occupancy.
[Amended 10-16-2002 by L.L. No. 10-2002; 3-15-2017 by L.L. No. 4-2017; 1-20-2016 by L.L. No. 1-2016]
No certificate of occupancy shall be issued by the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration until all tree planting, replacement tree planting, tree dressing
and associated restoration work shall be completed to the satisfaction of the Environmental Planner except
that, where a certificate of occupancy is applied for between October 31 and April 1, the permit holder shall
submit an agreement, in writing, to the Town signed by the permit holder to ensure compliance with all
planting and restoration work to the satisfaction of the Environmental Planner on or before the first day of
May next following the making of the agreement. The escrow cash deposit and performance bond obtained
by the permit holder shall continue in full force and effect until the planting and restoration work
(including the two-year post-planting viability requirement) has been completed. Should the permit holder
fail to complete the restoration work on or before May 1 next following the execution of the agreement, the
Environmental Planner shall have the right to declare said performance bond in default and apply the
escrow cash deposit and the proceeds of the bond to restore the land.
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§ 207-9. Enforcement
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
The Building Inspector or the Director of Building Code Enforcement and Land Use Administration
or either's designated representative of the Town of Mamaroneck shall enforce this chapter.
§ 207-10. Removal of trees on Town-owned land.
A. No department, agency, commission or authority in the Town of Mamaroneck,
employee of the Town of Mamaroneck or any firm or individual retained by
the Town shall propose to or shall partially remove, cut down, kill or
otherwise destroy more than three five trees, each with any exceeding two
six inches in diameter at a height of four feet measured from the ground,
within an area of 2,500 square feet, or any single tree exceed ing six 18 inches
in diameter at a height of four feet measured from the ground on Town
property, including with the exception of Town highways within the Town of
Mamaroneck, without first filing a statement with the Town Board.
(1) The statement required hereunder shall be made, in writing, to the Town
Board on a form approved by the Town Board. Such statement shall
specify the particular type of work to be performed, the exact location, a
general description of the tree or trees tha t shall be removed and a
sketch plan, if appropriate and required, together with the reasons for
the removal of said tree or trees.
Upon filing said statement with the Town Board, notification shall be sent to
owners of record of land within a radius of 500 250 feet from the tree or
trees that are to be removed. In addition thereto, notice of the proposed
removal of said tree or trees shall be published in the official newspaper of
the Town of Mamaroneck and included on the Town website in the section
related to the Building Department and the section related to the Building
Inspector .
(2) The Town Board shall be stayed from making any decision or determination
for a period of 10 days from the date of publication. In the event that any
person, firm, organization or corporation aggrieved, affected or
interested in the removal of said tree or trees shall file an objection with the
Town Board, in writing, five days prior to the Town Board meeting, said
Town Board shall not make any decision or determination until its next
regular or special Town Board meeting following the filing of said objection.
B. All contracts entered into by the Town with firms, utilities or individuals for
work to be performed on Town-owned land, excluding including Town highways,
shall contain a provision that there shall be complete compliance with §207-10A
of this chapter.
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§ 207-11. Penalties for offenses.
A. Any person, firm or corporation violating any of the provisions of this
chapter shall be guilty of an offense, the fine for which shall be stipulated in
§207-11. Penalties for offenses shall be levied in equal amounts to both the
property owner and the person, firm or corporation which committed the
offense. not exceed $1,000. [Amended 7-17-1996 by L.L. No. 14-1996]
B. Any person found to have violated or disobeyed any provision of this chapter, any order of
the Environmental Planner, Arborist, Building Inspector or Planning Board or any condition
duly imposed by the Environmental Planner or Planning Board in a permit granted
pursuant to this chapter, shall, for the first offense, be punishable by a fine of not less than
$1,000. For each subsequent offense, such person shall be punishable by a fine of not less
than $2,000. Each consecutive day of the violation may be considered a separate offense.
C. Penalties for the removal of trees in violation of this chapter shall be as follows: i) $200
per inch of Tree Trunk Circumference for trees over ten (10) inches in Trunk
Circumference and up to twenty (20) inches of Tree Trunk Circumference; ii) $250 per
inch of Trunk Circumference for trees greater than twenty (20) inches and up to thirty
(30) inches of Tunk Circumference; iii) $300 per inch of Trunk Circumference greater
than thirty (30) inches and up to forty (40) inches of Trunk Circumference; iv) $350 per
inch of Trunk Circumference greater than forty (40) inches and up to fifty (50) inches of
Trunk Circumference; v) $400 per inch of Trunk Circumference for trees over fifty (50)
inches of Trunk Circumference.
D. In addition to the above, if the tree removed: i) was a native tree and ecologically
important, such as an oak or maple, $500 in additional penalty will be added; ii) was a
healthy tree, an additional penalty of $1,000 will be added; iii) was older than forty
years, $1,000 an additional penalty will be added; and iv) was older than fifty years,
$1,500 an additional penalty will be added.
E. Civil penalty. In addition thereto, any person, firm or corporation violating
any provision of this chapter shall be subject to a civil penalty enforceable
and collectible by the Town in the amount of $1500 each and every day that
the violation continues, for each and every tree. In addition thereto, the
violator will be req uired to replace each and every tree so taken down in
accordance with section §207-7.
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§207.12 Value for Value Tree Removal and Replacement
A Value of our Tree Canopy to the Town
The Town recognizes the value of our trees and our Tree Canopy as essential and beneficial
components of the Town’s infrastructure (see §207-1). To further the Town’s policy to Preserve,
Restore and Enhance our Tree Canopy, the Town has adopted a “Value for Value” Tree
Replacement Policy to guide the implementation of this chapter of the Code. Whenever a tree is
proposed to be removed, the value of the replacement tree(s), as defined below, shall be equal to
the value of the tree proposed to be removed.
b Value-for-Value calculation and criteria
The value of trees proposed to be removed shall be based on the following calculations and
criteria: i) Tree Trunk Circumference, measured at four feet above ground level; ii) Tree Height
above ground, as estimated to the nearest ten (10) feet by the Arborist and Building Inspector and
documented by photographs and/or surveys; iii) Tree Canopy spread, as estimated by the
Arborist and Building Inspector and documented by photographs and/or surveys; iv) Total Trunk
Area, measured as the cross-section of the trunk at four feet above ground; v) Native-or-Invasive
Species, as defined by the “Trees For Our Town List” (see §207.14); and vi) Tree Age, as a measure
of stored carbon, as estimated by the Arborist and Building Inspector and documented by
photographs or documents that may be available.
C Value-for-Value method of determining existing Tree Value
The Arborist, Environmental Planner and Building Inspector shall provide their assessment of
Replacement Tree requirements by i) determining the Tree Trunk Circumference of the existing
tree; and then adding to the measured Tree Trunk Circumference as follows: ii) if the Tree is a
Native species, on the “Trees for Our Town List” (see §207.14), add three (3) inches; iii) Tree
Canopy Width, if larger than twenty (20) feet, add three (3) inches; iv) Tree Age, if the tree is
estimated to be more than forty years old, add three (3) inches; and Tree Height, if taller than
thirty-five (35) feet, add three (3) inches. The resulting Tree Trunk Circumference shall be the
basis for Replacement Tree requirements.
D Replacement Tree requirements based on existing Tree Value
Based on the Tree Trunk Circumference which results from the calculations and criteria in
§207.12 (E), the applicant shall work with the Environmental Planner and Building Inspector on
the number, type and location of trees to be planted.
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§207.13 Fees for Tree Removals and Replacement
A Fees for Tree removals where “Value for Value” replacement is proposed
In the case where a tree is proposed to be removed, where the applicant proposes replacement
trees which satisfy the requirements of the “Value for Value Tree Replacement Calculation
Process”, and the applicant agrees to furnish all replacement trees, the Town shall waive all permit
costs and shall cooperate by planting any of the replacement trees which are proposed to be
located on public property.
B Fees for Tree removals where “Value for Value” replacement is not possible
In the case where a tree is proposed to be removed, but where the applicant does not propose
replacement trees which satisfy the requirements of the “Value for Value Tree Replacement
Calculation Process”, the Town shall charge tree removal and replacement permit costs according
to this Fee Schedule:
i) $100 per inch of Tree Trunk Circumference for trees over ten (10) inches in Trunk
Circumference and up to twenty (20) inches of Tree Trunk Circumference; ii) $125 per inch of
Trunk Circumference for trees greater than twenty (20) inches and up to thirty (30) inches of
Tunk Circumference; iii) $150 per inch of Trunk Circumference greater than thirty (30) inches
and up to forty (40) inches of Trunk Circumference; iv) $175 per inch of Trunk Circumference
greater than forty (40) inches and up to fifty (50) inches of Trunk Circumference; v) $200 per
inch of Trunk Circumference for trees over fifty (50) inches of Trunk Circumference.
In addition to the above, if the tree to be removed: i) is a native tree and ecologically
important, such as an oak or maple, $250 in additional permit fees will be added; ii) is a
healthy tree, $500 in additional permit fees will be added; iii) is older than forty years, $500 in
additional permit fees will be added.
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§207.14 “Trees For Our Town” Recommended Tree Species List
A Benefits of Native Tree species to Environmental Health
The Town recognizes the benefits to our Eco-system’s general health to maintain a “Trees for Our
Town” list of recommended Tree Species, which includes primarily trees which have been native
to the Town and the Sound Shore over a period of generations. Planting native tree species will
help support pollinators and other flora and fauna of the region that depend on them.
B Updating the “Trees for Our Town” recommended tree species list every two years
The Town shall prepare a “Trees for Our Town” Recommended Tree Species List and make this list
available to any resident interested in planting either new trees or trees which will replace a tree
which is proposed to be removed. The Arborist, Town Building Inspector, Town Engineer and
Environmental Planner shall, by the end of January of each even-numbered year, update the
“Trees for Our Town” list, and submit this list to the Town Board. The Town Board shall, by the
end of February of each year, review, comment, receive the adjusted list, and subsequently
approve the “Trees For Our Town” recommended Tree Species List for that calendar year and the
year following, until the end of February of the next even-numbered calendar year.
C Dangers of planting Invasive tree species
The Town recognizes the dangers of permitting the planting of invasive tree species. Such species
tend to spread widely and drive out the native trees which contribute to Community Character.
Invasive tree species do further damage by failing to support Pollinators and other flora and fauna
which together create our healthy eco-system. The “Trees for Our Town” Recommended Tree
Species List shall not include any invasive tree species.
D Replacement Tree species
All replacement trees shall be native trees for this region as designated either by the County of
Westchester Department of Planning, or in the New York City Parks Department "Native Species
Planting Guide for New York City and Vicinity"; or in Cullina, "Native trees, Shrubs and Vines."
Trees with highest ecological value are favored and include: oaks, red cedar, red maple, sugar
maple, Virginia fringe, sweet gum, tupelo, hickory, sassafrass, crab apple. Specific trees to avoid
include: Callery Pear, Norway Maple, Tree of Heaven, Russian Olive, Smooth Buckthorn and Black
Locust.
E Changing local climate conditions
The Town recognizes the on-going impacts of climate change on our environment, including shifts
in precipitation patterns and totals, shifts to warmer temperatures and greater humidity in
summer months, and warmer winters. These shifts have made some of our native tree species less
viable, and made other, non-native species increasingly viable in our changing climate. As part of
the updating of the “Trees For Our Town” Recommended Tree Species List every two years, the
Town shall receive recommendations from authoritative sources on proposed adjustments to the
“Trees For Our Town” list to account for climate change and its impacts on native and non-native
tree species.
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§207.15 Public & Street Tree Inventory; Private Property Tree Inventory
A Public & Street Tree inventory list and map
The Town’s Environmental Planner and Building Inspector are responsible to create a “Public &
Street Tree Inventory List” and a “Public & Street Tree Inventory Map”, in both electronic and
printable formats, and update these yearly. The Town directed the Town’s Sustainability
Collaborative” to prepare the initial versions of these documents. Please see §201.19 for the
definition of “Street Tree”.
B Public & Street Tree inventory list
The Public & Street Tree Inventory List shall include, for each tree, its: i) street address; ii) more
specific locations as required; iii) species; iv) approximate height; v) approximate canopy width;
and vi) approximate age. All trees on the Inventory list shall have a unique reference number. The
List shall also include, for each tree, a photograph of the tree which is marked with the tree’s
reference number.
C Public & Street Tree inventory map
The Public & Street Tree Inventory Map shall include the entire Town of Mamaroneck. The Map
shall be created electronically at high resolution, so that lot lines and street names are still legible
and readable if “zoomed in” and printed so that only one block or one street is viewed at 8.5” x 11”
or 11” x 17”. The Map shall include: i) all streets; ii) all street names; iii) all lot lines; and iv)
approximate building locations and outlines (as already available on Town-accessible databases).
Onto this base, the locations of Public & Street Trees shall be identified according to the Inventory
List’s reference number.
D Yearly updates for the Tree inventory list and map
The Arborist, Town Building Inspector, Town Engineer and Environmental Planner shall, by the
end of January of each year, update the “Public & Street Tree Inventory List” and the “Public &
Street Tree Inventory Map”, and submit these to the Town Board. The Town may direct the
Sustainability Collaborative to utilize Town documents to prepare yearly updates. The Town
Board shall, by the end of February of each year, review, comment, receive the adjusted list and
map, and subsequently approve these documents for that calendar year.
E Private property Tree inventories and maps
The Town and its residents are working together to restore and expand our Tree Canopy. The
Town encourages residents to plant and care for trees through its “Trees For Our Town” program
and through the support of the Town’s Arborist, Environmental Planner and Building Inspector.
To assist in keeping the Town’s trees healthy and safe, the Town encourages residents to share the
locations of trees on their property along with information on species, DBH, height, canopy width
and age. This information will supplement submission records for zoning variances, building
permits or tree permit submissions already on file with the Town.
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§207.16 Trees Cut Down and Planted Yearly
A Tree City USA yearly requirements
As part of the Town’s “Tree City USA” designation, the Town is required to submit each year a
record of the Town’s tree activities, including “Trees Planted” by the Town and “Trees Removed”
by the Town or through Town-issued permits. This information is submitted each year by the
Town to the Arbor Day Foundation.
B Tree City USA information used to update Tree-related documents
The Environmental Planner, Arborist and Building Inspector will use this information to assist in
updating changes to the: i) Public & Street Tree Inventory; ii) Public & Street Tree Map; and the iii)
List of Acceptable Tree Planting Locations. The Town may direct the Sustainability Collaborative
to prepare these updates and submit them to Town staff for review and approval.
§207.17 Tree Planting Locations
A Tree replacement alternatives for a property where trees are proposed to be removed
The Town recognizes that property owners, in the event that they wish to remove a tree, may not
be able to find appropriate space on their property for the required replacement(s) trees.
Therefore, the Town will make available to property owners alternative locations where trees
may be planted to satisfy the requirements of this chapter.
B List of acceptable Tree planting locations
The Town shall prepare a “List of Acceptable Tree Planting Locations” and make this list available
to any resident interested in planting either new trees or trees which will replace a tree which is
proposed to be removed. This list shall include Town property, including the grass strips between
sidewalks and curbs within Street Rights-of-Way, Public Parks, publicly-owned lands, and other
areas as the Town may have available. This list shall include the street address, specific location,
and the types of tree that are recommended to be planted. At the beginning of each year this list
shall include, at minimum, 200 possible tree locations. Preference should be given to a variety of
trees for biodiversity as opposed to the same species of trees on the same block. See §207.18. the
Town may direct the Sustainability Collaborative to prepare the original list of Tree Planting
Locations and also prepare the Yearly Updates.
C Yearly updates for the list of acceptable Tree planting locations
The Arborist, Town Building Inspector, Town Engineer and Environmental Planner shall, by the
end of January of each year, update the “List of Applicable Tree Planting Locations”, and submit
this List, with accompanying maps as required, to the Town Board. The Town Board shall, by the
end of February of each year, review, comment, receive the adjusted list and map, and
subsequently approve the “List of Acceptable Tree Planting Locations” for that calendar year.
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Town of Mamaroneck Tree Code Chapter 207
2021.0707 Update
22
§207.18 Tree Species Diversity Guidelines
A Tree Species Diversity is beneficial to Tree Canopy health
The Town recognizes that maintaining diversity in tree species is beneficial to the health of the
Town’s Tree Canopy. On Public property, the Town will undertake tree planting which maintains
and increases the diversity of tree species in the areas to be planted. Public property will include
grass strips between sidewalks and street curbs as well as trees located within ten feet of street
rights-of-way. On private property, the Town will work with residents to promote diversity
through selection of species from the current “Trees for Our Town List”.
B Diversity Guidelines
The Town shall follow the table in this sub-section to promote tree species diversity:
Table 1. Plant Diversity Table for Tree Replacements under this Chapter
Number of Plant
Materials
Minimum Number
of Genera
Maximum % of any one
Genus
0 to 3 1 100
4 to 6 2 50
7 to 10 3 40
11 to 15 4 33
16 to 20 5 25
21 to 35 6 20
36 to 50 8 20
> 50 10 20
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Town of Mamaroneck Tree Code Chapter 207
2021.0808 Update
23
§207.19 Street Tree Planting Guidelines along Public Rights-of-Way
A Street Tree planting guidelines – applicable areas
To guide the planting of trees in public areas, such as the grass areas between sidewalks and curbs
in Streets Rights of Way, and in areas of private-public cooperation, including the first ten feet
within private property along Street Rights of Way, the Town will adopt “Street Tree Planting
Guidelines”. The Town will direct the Sustainability Collaborative to prepare and submit the
“Street Tree Planting Guidelines” for review, adjustment and adoption by the Town Board.
B Street Tree planting guidelines – opportunities required by specific locations
The Town recognizes the presence of “telephone poles” and wires of both electric utilities and
private communications companies along our streets. The Town recognizes that these “poles” now
include a profusion of thick and heavy wires, large junction boxes, transformers and other
elements which burden the poles with extra weight and create unsightly public landscapes. The
Town recognizes the challenges these elements create for the placement, growth, maintenance
and durability of trees planted close to telephone poles and under wires. The “Street Tree Planting
Guidelines”, therefore, recognize and make recommendations for the different opportunities
inherent in: i) sides of street where poles and wires are absent; ii) sides of streets where poles and
wires are present; and iii) private-public cooperation areas.
C Variances allowed for sidewalk placement
The Town recognizes the presence of sidewalks on one or both sides of streets within the Town.
The Town recognizes that the current location of sidewalks, which predate the current density of
large and heavy wires and associated equipment, may now conflict with the optimal placement of
new trees that are needed to restore and expand the Town’s Tree Canopy. Therefore, the “Street
Tree Planting Guidelines” include adjustments and variations to the location of sidewalks to
optimize the planting of the large deciduous trees which are most effective in providing shading,
reducing water runoff entry into storm sewers, promoting air quality and reducing “heat-island”
effects. As part of any Street Tree planting proposal, the resident, Environmental Planner or
Building Inspector may propose a sidewalk variation as outlined in the Street Tree Planting
Guidelines, and the Town Board will look favorably on such sidewalk location variations to
optimize the location of new trees away from potential conflict with poles and wires.
§207.20 Tree Planting Guidelines for Parking areas
A Tree Canopy Guidelines for Parking Areas
A minimum of one tree per each 15 parking spaces, planted surrounding the
perimeter of the parking lot or within a landscaped island, is required in
connection with all building permit submissions which contain park ing for ten
(10) or more vehicles. Parking areas shall be shaded by medium canopy and large
canopy trees as listed in the “Trees for Our Town List” (See §207.14).
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Town of Mamaroneck Tree Code Chapter 207
2021.0707 Update
24
§207.21 Town of Mamaroneck Tree Committee
A Tree Committee composition
The “Town of Mamaroneck Tree Committee” shall be a group of three (3) volunteer residents of
the Town of Mamaroneck drawn from the Appointed Members of the Town of Mamaroenck
Sustainability Collaborative. Tree Committee members shall be proposed by the Sustainability
Collaborative Chair and approved by the Town Supervisor. Tree Committee members shall be
appointed for one-year terms, and can be re-appointed.
B Tree Committee role
The role of the Tree Committee is to assist and advise the Environmental Planner, Arborist and
Building Inspector in review and evaluation of Tree Removal proposals, whether informally
relayed by a property owner to the Town or by formal permit application.
C Tree Committee assistance to Town Employees in evaluating Tree removal applications
Time is of the essence in the review and evaluation of Tree Removal informal proposals or formal
permit applications. Within seven (7) business days of receipt of a proposal or application, the
Town Employee receiving the request will call a meeting of the Environmental Planner, Arborist,
Building Inspector and Tree Committee to review, evaluate and, as possible, rule on the request.
Such meetings will be scheduled for times convenient to all members. Failure of Tree Committee
members to make themselves available for these meetings will not constitute a reason to delay the
meeting beyond the seven (7) business day limit.
D Tree Committee assistance to tree-related Planning Board and Zoning Board applications
The Tree Committee will advise and assist the Planning Board and/or the Zoning Board where
applications before either board include proposals for tree removal.
E Tree-related application decisions
With the assistance and advice of the Tree Committee, Town Employees will make decisions
regarding Tree Removal applications, and also Planning Board applications or Zoning Board
applications as may be required. Please see §207.6.
§207.22 Severability
A Severability
Should any part or provision of this ordinance be declared by a court of competent jurisdiction to
be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof
other than the part held to be invalid.
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Town of Mamaroneck TEL: 914/381-7835
Engineering Department, Town Center FAX: 914/381-8473
740 West Boston Post Road, Mamaroneck, NY 10543-3353
Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org
Town Engineer
INTERDEPARTMENT MEMORANDUM
DATE: August 12, 2021
TO: Nancy Seligson, Town Supervisor
Town Board Members
CC: Meredith Robson, Town Administrator
FROM: Robert Wasp, P.E., Town Engineer
SUBJECT: Recommendation of Contract Award
TA-21-08 – Town Center HVAC Improvements
GENERAL:
Bid procurement was recently completed for the replacement and upgrade of existing HVAC
systems serving the Town Center building. All air conditioning systems involved in the project
are beyond expected service life and utilize R-22 refrigerant that had been phased out by EPA
regulations. The project scope includes replacement of (5) individual air conditioning systems
serving the Administration office wing and features a bid add-alternate for replacement of the
Court Room system. All new installed systems will utilize code compliant R-410 refrigerant.
Additional air quality improvement measures were incorporated in the project design in response
to best practices recommended during the COVID19 pandemic. Bid documents were developed
to include installation of Energy Recovery Ventilation (ERV) ductwork and operators as well as
UVC bulbs to maximize fresh air circulation and remove pathogens.
Grant funding in the amount of $50,000 had been received from NYSERDA towards the
replacement of R-22 based HVAC systems in the building. The NYSDERA grant was written
considering the replacement of (4) identified air conditioning units and had originally stipulated
completion of work by December 2020. NYSERDA has approved extension through end of the
2021 calendar year for work to be completed. It can be noted that the project scope includes two
(2) additional R-22 HVAC systems beyond the grant scope and would not require replacement of
the Court Room system if eliminated from potential award.
On July 29th, 2021, four (4) bids were received for the referenced contract as summarized on the
attached bid tabulation table. Bid proposals were structured with the scope of work for
replacement of R-22 air conditioning components as Item A; installation of ERV ductwork,
controls and UVC bulbs and Items B & C; and additional scope of work for the Court Room
system as Alternate Item D. The apparent low bidder is J&M Heating and Air Conditioning Inc.
at the submitted bid price of $479,000.00, but changes to S&L Plumbing and Heating Corp. at
the submitted price of $582,000.00 if the Town Board wishes include the Court Room
replacement in the award scope.
Page 47 of 113
Town of Mamaroneck TEL: 914/381-7835
Engineering Department, Town Center FAX: 914/381-8473
740 West Boston Post Road, Mamaroneck, NY 10543-3353
Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org
Town Engineer
Bids and qualifications submitted by both contractors have been reviewed by the Engineering
Department and Lecce Engineering as design consultant of record. Both contractors have
extensive experience with similar projects at municipal and institutional facilities. No errors or
omissions that could potentially impact the viability of bid prices have been identified at this
time. Please refer to the attached review supplementary letter in support prepared by Lecce
Engineering. The Engineering Department recommends authorization of contract award to either
J&M Heating and Air Conditioning Inc. or S&L Plumbing and Heating Corp. dependent on the
Town Board’s decision whether to include the Court Room system scope of work in Alternate D.
Please feel free to contact me with any questions.
Page 48 of 113
Town of Mamaroneck
Engineering Department, Town Center
740 W. Boston Post Road, Mamaroneck, NY 10543-3353
Contract # TA-21-08 Town Center HVAC Improvements
Bid Opening Results, July 29th , 2021 at 11:00 a.m. E.S.T.FINAL RESULTS
S&L Plumbing and Heating
Corp
J&M Heating and Air
Conditioning Inc Bertussi Contracting, Inc.Clean Air Quality Services,
Inc.
White Plains, NY 10603 Bedford Hills, NY 10507 Pearl River, NY 10965 Hawthorne, NY 10532
Bid Bond: Yes Bid Bond: Yes Bid Bond: Yes Bid Bond: Yes
$283,000.00 $278,000.00 $100,000.00 $280,000.00
$145,000.00 $176,000.00 $100,000.00 $280,000.00
$30,000.00 $6,000.00 $50,000.00 $10,000.00
$29,000.00 $19,000.00 $368,288.00 $0.00
$95,000.00 $164,000.00 $81,672.00 $161,000.00
$487,000.00 $479,000.00 $618,288.00 $570,000.00
Bid Item
Item A
Item B
Item C
Total Bid Amount w/ Item D $643,000.00 $731,000.00
Item 1M
Item D (Alternate)
Total Base Bid Amount w/o Item D
$582,000.00 $699,960.00
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Lecce Engineering
Joseph A. Lecce P.E., P.C
297 Knollwood Road, Suite 211
White Plains, New York 10607
August 11, 2021
Contact: Mr. Robert P. Wasp, P.E., C.D.T.
Town Engineer
Re: Contractor Recommendations
HVAC Replacements
Bid TA 21-08
Town of Mamaroneck
740 West Boston Post Road
Larchmont, New York
Project#: 2020-084
Dear Mr. Wasp:
We have reviewed the submitted bids and the bid summary sheets received from your office on
July 29, 2021.
Our recommendations are as follows:
We are comfortable to recommend award of either J&M Heating and Air Conditioning, Inc. or
S&L Plumbing and Heating Corporation.
Both contractors are qualified to perform this work and the decision may be dependent on if the
Board wishes to authorize the work scope with all the Alternates included, vs. without any of the
alternates included.
If there are any questions or further discussions, please let me know.
Very truly yours,
Joseph A. Lecce P.E., P.C.
Joseph A. Lecce, P.E.
President
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Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
Office of the Comptroller TEL: 914/381-7850
FAX: 914/381-7809
towncomptroller@townofmamaroneck.org
Memorandum
To: Meredith Robson, Town Administrator
Town Board Members
From: Tracy Yogman, Town Comptroller
Date: August 9, 2021
Re: American Rescue Plan Act (ARPA) Update
_______________________________________________________________________
At the Town Board meeting held on June 16, 2021, a plan for allocating the
American Rescue Plan funds was presented, reviewed and discussed with the
Town Board. At that time, the Town’s share was anticipated to be a total of
$1,318,292 or $659,146 per year for two years based on the information received
from the Federal Government.
The funding plan was coordinated with the debt the Town was preparing to issue.
It was in the best interest of the Town to reduce the amount to be borrowed by
applying this funding to projects that met the guidelines and timeframes of the
regulations.
A spending plan for the first half of the funding was approved by the Town Board
in accordance with the provisions of the Federal Act as follows:
Fund Project Fede ral Category Proje ct Cost
ARP Funding
Allocation
A Seni or Center Parki ng Lot Lost Re ve nue/Governme nt Services 262,500$ 162,500$
B Me mori al Park Pl ayground Lost Re ve nue/Governme nt Services 650,000 47,946
SF Fi re Department Equipment Lost Re ve nue/Governme nt Services 100,000 100,000
SS Sani tary Se wers-Phase 2 Water/Se we r Inf rastructure 4,031,504 300,000
Various El igi ble Pre mi um Pay Pre mi um Pay-Essenti al Workers 48,700 48,700
TOTAL 5,092,704$ 659,146$
American Re scue Plan
Tranche 1- Spe nding Plan-June 2021
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Since then, the Town has been notified by the New York State Division of Budget that
the Town’s proportionate share will be $1,227,600. This is a total of $90,692 less than
anticipated. The good news is that we have received the first tranche of $613,800
which is $45,346 less than anticipated. The original spending plan now requires a
reduction to reflect the revised total.
Considering that this is one-time revenue and that the 2021 capital project funding
plan was based on the original plan, a proposed update that reduces the eligible
premium pay and slightly increases the Memorial Park Playground project to balance
to the funding is provided below for discussion:
Fund Project #Project Federal Category Project Cost
ARP Funding
Allocation
A 2021-48 Seni or Ce nter Parki ng Lot Lost Reve nue /Governme nt Se rvices 262,500$ 162,500$
B 2020-31 Me mori al Park Pl ayground Lost Reve nue /Governme nt Se rvices 650,000 51,300
SF 2020-67/72 Fi re Department Equipme nt Lost Reve nue /Governme nt Se rvices 100,000 100,000
SS 2018-60 Sanitary Sewers-Phase 2 Wate r/Se wer Infrastructure 4,031,504 300,000
Various -El i gible Premi um Pay Pre mi um Pay-Essential Workers --
TOTAL 5,044,004$ 613,800$
American Rescue Plan
Tranche 1- Update d Spending Plan-August 2021
Action Requested: The Town Board approves the allocation of the American Rescue
Plan Updated Spending Plan- Tranche 1- August 2021 per above in the amount of
$613,800.
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Resolution
Calling on the U.S. Senate to Pass the
For the People Act, S1 in the United States Senate
WHEREAS, the right to vote is one of the foundational rights of all American citizens;
WHEREAS, Congressman John Lewis spent his life fighting inside and outside of Congress to
advance voting rights for everyone;
WHEREAS, voting rights are under attack nationally by state legislators introducing and
passing laws to create barriers to our participation in elections; and
WHEREAS, Popular sovereignty through voting is a foundational bedrock of our democracy; and
WHEREAS, the For the People Act will provide a needed overhaul of money-in-politics, voting
and ethics laws to make our democracy more inclusive; and
WHEREAS, the For the People Act is based on countless democracy reforms passed and
successfully implemented in states across the country; and
WHEREAS, the For the People Act’s solutions are broadly supported by the American people
across the political spectrum. Polling indicates 67% of Americans – including 56% of
Republican voters and 68% of Independent voters – support the For the People Act; and
WHEREAS, the For the People Act is the most comprehensive pro-democracy bill introduced
in Congress since the Watergate era, containing the bold action that the American people want
and deserve;
Now Therefore be it Resolved, that I, Supervisor of the Town of Mamaroneck and the
Town Board members call on New York’s United States Senators, Majority Leader Chuck
Schumer and Sen. Kirsten Gillibrand, to do everything possible to support and pass S1, the For
the People Act, before the 2021 Senate summer recess.
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THIS ITEM HAS NO
DOCUMENTS -
DISCUSSION –
RESIDENTIAL HOUSING
STUDY AND
MORATORIUM
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THIS ITEM HAS NO
DOCUMENTS-
DISCUSSION –
REQUEST FOR
EXECUTIVE SESSION
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Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO:Town Board
FROM:
DATE:August 17, 2021
SUBJECT:NYStrech Code 2020
ATTACHMENTS:
1.NYStrech Code 2020
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Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO:Town Board
FROM:
DATE:August 17, 2021
SUBJECT:Fire Claims
ATTACHMENTS:
1.Fire Claims Aug 17, 2021
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Town of Mamaroneck
From: Tracy Yogman - Town Comptroller
Re: Fire Claims
Date:August 17, 2021
VENDOR DESCRIPTION Amount
AAA Emergency Supply Co.
Fire Extinguisher inspection, recharge, MSA gas detector, Air Pak repair,
Scott Pak Repair 735.79$
Amazon.Com
Plumbing parts for basement shower, glass cleaner, bamboo shoe rack
bench, bath & shower equipment, hose timer 194.33
Champion Elevator Maintenance for month of August 2021 175.00
Chatsworth Cleaners Uniform cleaning - July 2021 20.44
FireCompanies.Com Website hosting & maintenance-August 2021 209.97
Fire-End & Croker Corp. Leather Front Helmet Shields (2) - for Firefighters Rapp & Russo 100.00
Goosetown Enterprises, Inc.
Repair of APX 8500 Mobile Radio Antenna, repair & installation of APX
remote head kit and faceplate of new trunk radio in alarm room 2,983.87
Grainger
Car wax spray, trash bags, drain cleaner, laundry detergent, glass
cleaner, chest cooler 267.68
Grainger USB batteries (2), digital multimeter-voltmeter, run capacitor 112.76
Iron Compass OnScene Explorer Software subscription 9/21-8/22 1,950.00
KVI uniforms & Equipment Career Staff uniform (shorts, fleeces, hoodies, jackets, embroidery)1,549.00
New England Uniform, LLC Navy Belltop, black velvet band, gold strap visors 130.00
Nick Bruno Electric, LLC Replacement and installation of multiple receptacles for fans 1,162.89
Optimum Cable services for 7/23-8/22/21 259.48
Precision Plumbing & Heating
Troubleshoot & repair leak from drain connection in 2nd floor Men's
Bathroom, Troubleshoot hot water issue, adjustment to mixing valve. 900.00
Ready Refresh Water Cooler Rental 6/19-7/18/21 149.96
TOM Fire Dept.(8) cases of water for Apparatus 37.40
UniFirst Corporation Cleaning supplies 7/9, 7/16, 7/23, 7/30/21 475.64
Verizon Fire HQ service 7/10-8/9/21 277.86
Verizon TMFD 300M Fios Redundant Circuit 6/26-7/25/21 294.34
Verizon TMFD 300M Fios Redundant Circuit 7/26-8/25/21 294.41
Villa Maria Pizza Dept. Drill 7/20, Fast Drill 7/28, New Member/Explorer Drill 8/4/21 397.93
WJWW 205 Weaver ST Charges 6/25-7/23/21 171.24
WJWW 6" Metered Fire service 6/26-7/25/21 37.00
Total 12,886.99$
The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes
and submitted to the Comptroller's Office for payment:
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Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO:Town Board
FROM:
DATE:August 17, 2021
SUBJECT:Other Fire Department Business
ATTACHMENTS:
1.THIS ITEM HAS NO DOCUMENTS- OTHER FIRE DEPARTMENT BUSINESS
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THIS ITEM HAS NO
DOCUMENTS- OTHER
FIRE DEPARTMENT
BUSINESS
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Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO:Town Board
FROM:
DATE:August 17, 2021
SUBJECT:Set Public Hearing - Amend Central Air Conditioning Law
ATTACHMENTS:
1.Amendment to the law on central air-condition units
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Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO:Town Board
FROM:
DATE:August 17, 2021
SUBJECT:Salary Authorization - Junior Network Specialist, IT Department
ATTACHMENTS:
1.Salary Authorization - Junior Network Specialist, IT Department
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Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO:Town Board
FROM:
DATE:August 17, 2021
SUBJECT:2021 Capital Budget Amendments
ATTACHMENTS:
1.2021 CAPITAL BUDGET AMENDMENTS-August 17, 2021
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Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
Office of the Comptroller TEL: 914/381-7850
FAX: 914/381-7809
towncomptroller@townofmamaroneck.org
Memorandum
To: Town Board Members
From: Tracy Yogman, Town Comptroller
Date: August 17, 2021
Re: 2021 Capital Budget Amendments
_______________________________________________________________________
The capital project budget has been reviewed and the following budget
amendments are recommended to amend the 2021 capital projects as follows:
1.Water Infrastructure Paving (2018) (Project 1348-12)
The 2018 paving funding for water infrastructure projects has remaining funds that will be
used for the 2021 paving projects. This transfer reduced the amount of borrowing needed.
A budget amendment is recommended to transfer funds to the 2021 paving project.
2.Water Infrastructure Paving (2020) (Project 1368-12)
The 2020 paving funding for water infrastructure projects has remaining funds that will be
used for the 2021 paving projects. This transfer reduced the amount of borrowing needed.
A budget amendment is recommended to transfer funds to the 2021 paving project.
3.Rye Lake Distribution System Modifications (Project 1363-12)
This project was for the replacement of pipe and valves to accommodate the new UV facility
and other changes. The project has been completed under budget. A budget amendment is
recommended to transfer funds back to the Water Fund.
4.American Rescue Plan Amendment (Project 2020-31)
The amended American Rescue Plan discussed earlier requires an adjustment to the
Memorial Park Project. In addition, the State Comptroller requires that the federal aid be
recorded in the General Fund and transferred out. A budget amendment to record these items
is recommended.
5.Town Center Building Improvements (project 2021-14)
The adopted budget included funding to insulate the glass block wall in the Police
Department. The repair was done without using this funding. A budget amendment is
recommended to return the funds to the Part Town Fund.
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6.Town Center Vehicle (Project 2021.72)
A small balance remains from the purchase of the Town Center Vehicle. A budget
amendment is recommended to transfer remaining funds back to the General Fund.
7.Sheldrake Center- Shed (Project 2017-40)
A shed at the Sheldrake Environmental Center is no longer needed. The storage room has
been cleaned out. A budget amendment is recommended to transfer the funding to the
Sheldrake Driveway project.
8.Town Center HVAC (Project 2018-14)
The Town has been awarded a grant from NYSERDA to replace the four air conditioner
condensing units on the roof of Town Center. This project will complete the replacement of
units that are over 30 years old that utilize R-22 Freon.
A sealed bid was issued (to be awarded tonight) that included five condensers, an energy
recovery system, UV lighting and the replacement of the courtroom HVAC system in the
amount of $582,000. The Town portion of the project is $532,000.
Funding of $59,800 is available to fund the project after design and engineering costs.
Additional funding of $522,200 is needed to complete the project.
There is $114,866 from the 2016 Town Center painting project and $425,000 available in
the Town Center funds from the 2018 flat roof replacement project that has not yet been
completed. Construction prices have significantly increased and a bid for the roof will need
to be issued.
It is recommended that the funding for the painting and $407,334 of the funding for the flat
roofs be reallocated for this project. The flat roof project can be added to the 2022 Capital
Plan with updated estimates.
A budget amendment to reflect the reallocation of bond funds is recommended below but
does not have a net effect on the 2021 capital project budget.
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REQUESTED ACTION: It is recommended that the Town Board approve the
following 2021 capital budget amendments:
Item #CAPI TAL FUND (FUND H):Amount
1 Revenue H.0000.5038.1348.12 Transfer from SW Dec reas e (30,355.32)$
Expens e H.8340.0400.1348.12 W ater Infras t ruc ture- 2018 Paving Dec reas e (30,355.32)
Revenue H.0000.5038.1379.12 Transfer from SW Inc rease 30,355.32
Expens e H.8340.0400.1379.12 W ater Infras t ruc ture- 2021 Paving Inc rease 30,355.32
2 Revenue H.0000.5710.1368.12 Serial Bonds Dec reas e (252,424.00)$
Expens e H.8340.0400.1368.12 W ater Infras t ruc ture- 2020 Paving Dec reas e (250,000.00)
Expens e H.8340.4022.1368.12 Bond Costs Dec reas e (2,424.00)
Expens e H.9900.9904.1368.12 Transfer to S W Inc rease 135,210.84
Expens e H.8340.0400.1368.12 W ater Infras t ruc ture- 2020 Paving Dec reas e (135,210.84)
Expens e H.8340.0400.1379.12 W ater Infras t ruc ture- 2021 Paving Inc rease 69,644.68
Revenue H.0000.5038.1379.12 Transfer from SW Inc rease 69,644.68
Revenue H.0000.5710.1379.12 Serial Bonds -2021 Inc rease 100,000.00
Expens e H.8340.0400.1379.12 W ater Infras t ruc ture- 2021 Paving Inc rease 100,000.00
3 Expens e H.9900.9904.1363.12 Transfer to S W Inc rease 35,484.58
Expens e H.8340.0400.1363.12 Ry e Lake Dis t ribution Sy s tem Dec reas e (35,484.58)
4 Revenue H.0000.5031.2020.31 Transfer from General Fund Inc rease 3,354.00
Expens e H.7140.4022.2020.31 Memorial Park P lay ground Improvs Inc rease 3,354.00
5 Revenue H.0000.5031.2021.14 Transfer from Part Town Dec reas e (10,000.00)
Expens e H.1620.0400.2021.14 Town Center Building Improvs Dec reas e (10,000.00)
6 Expens e H.9900.9901.2021.72 Transfer to General Fund Inc rease 514.60
Expens e H.1620.0400.2021.72 Town Center Vehicles Dec reas e (514.60)
7 Revenue H.0000.5995.2017.40 Appropriat ed Fund Balance Dec reas e (5,000.00)
Expens e H.7150.0400.2017.40 Sheldrak e Improvs - Shed Dec reas e (5,000.00)
Revenue H.0000.5995.2020.40 Appropriat ed Fund Balance Inc rease 5,000.00
Expens e H.7150.0400.2020.40 Sheldrak e Improvs - Driveway Inc rease 5,000.00
8 Expens e H.1620.0400.2018.40 Town Center- HVAC Inc rease 407,334.00
Expens e H.1620.0400.2018.40 Town Center- Roofs Dec reas e (407,334.00)
Page 80 of 113
Item #GENERAL FUND (FUND A):Amount
4 Revenue A.0000.4089 Federal Funds- A RP Inc reas e 613,799.84
Expens e A.9900.9950 Transfer to Capital Inc reas e 613,800.00
Revenue A.0000.2770 Mis c ellaneous Inc reas e 0.16
6 Revenue A.0000.5995 Appropriated Fund Balanc e Dec rease (514.60)
Revenue A.0000.5040 Transfer from Capital Inc reas e 514.60
Item #PART TOW N FUND (FUND B):Amount
5 Revenue B.0000.5995 Appropriated Fund Balanc e Dec rease ($10,000.00)
Revenue B.0000.5040 Transfer from Capital Inc reas e 10,000.00
Item #W ATER FUND (FUND SW ):Amount
2 Revenue SW .0000.5995 Appropriated Fund Balanc e Inc reas e (65,566.16)
Revenue SW .0000.5040 Transfer from Capital Inc reas e 135,210.84
Expens e SW .9900.9950 Transfer to Capital Inc reas e 69,644.68
3 Revenue SW .0000.5995 Appropriated Fund Balanc e Dec rease (35,484.58)
Revenue SW .0000.5040 Transfer from Capital Inc reas e 35,484.58
2021 CAPIT AL BUDGET AMENDM ENT S
Page 81 of 113
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO:Town Board
FROM:
DATE:August 17, 2021
SUBJECT:2021 Operating Budget Amendments
ATTACHMENTS:
1.2021 OPERATING BUDGET AMENDMENTS-August 17, 2021
Page 82 of 113
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
Office of the Comptroller TEL: 914/381-7850
FAX: 914/381-7809
towncomptroller@townofmamaroneck.org
Memorandum
To: Town Board Members
From: Tracy Yogman, Town Comptroller
Date: August 17, 2021
Re: 2021 Operating Budget Amendments
In compliance with the Budget Policy the following 2021 budget amendments are
recommended for approval as they increase appropriations.
1.Town Administrator (A.1221)
The Secretary to the Town Administrator retired during the year and an hourly rate
employee was hired on an hourly rate basis during the transition to the new Town
Administrator. A budget amendment is recommended to transfer funds from the full-
time salary budget line to the part time salary budget line.
2.Town Engineer (A.1440)
The budget included a portion of a full-time office assistant position that was
temporarily filled by an hourly rate part-time employee. That employee has been
transitioned to the full-time position. A budget amendment is recommended to
transfer funds from the full-time salary budget line to the part time salary budget line.
3.Telephone (A/B.1650)
The budget included an allocation of technology costs from General to Part Town
that included telecomm. After a review of the internet costs, it was determined that
specific costs were allocable only to the General Fund. A budget recommendation to
reclassify the telecomm costs specifically for the General Fund is recommended and
will not a have a net effect on the budget.
4.Special Duty (B.3120)
The budget included a baseline of $50k for special duty detail for Police Overtime
that is reimbursable. This estimate has been exceeded and a budget amendment is
recommended to increase both the revenue and the related overtime expenses for the
remainder of the year.
5.Zoning Board (B.8010)
The Town has contracted with a consultant to update the zoning ordinance for small
cell deployment. A budget amendment is recommended below to fund the contract.
Page 83 of 113
6.Ambulance District (SM)
The budget included a conservative estimate for ambulance charges. The projected
revenue is anticipated to exceed the current budget. Correspondingly, expenses have
increased as a result. The engine of one of the two Mamaroneck Village EMS
ambulances requires replacement so that it continues to be in service while a new one
is on order. With the mircochip shortage, a new ambulance is expected to take up to
two years to arrive. A budget amendment is recommended below to increase the
ambulance revenue and the various expenses, including the repair without a net effect
to the budget.
7.Sewer Truck (SS)
The 2015 catch basin cleaning truck that is used in the Sewer District had a lifting
boom failure that caused some damage to the vehicle. The frame must be repaired by
the dealer. The vehicle has a remaining useful life of 10-11 years. A budget
amendment is recommended below to fund the repair.
GENERAL TOW N W IDE FUND (FUND A):Amount
1 Ex pense A.1221.1010 Salaries- TA Decrease (15,000)$
Ex pense A.1221.1021 Salaries- Part Time- TA Inc reas e 15,000
2 Ex pense A.1440.1010 Salaries- Engineering Decrease (15,000)$
Ex pense A.1440.1021 Salaries- Part Time- Engineering Inc reas e 15,000
3 Ex pense A.1650.4001 Telephone Inc reas e 18,000
Ex pense A.9900.9902 Trans fer t o Part Town Decrease (18,000)
4 Revenue B.0000.1529 Police Special Duty Reimbursement Inc reas e 57,500
Ex pense B.3120.1529 Police Special Duty Overtime Inc reas e 50,000
Ex pense B.9000.9030 Fic a Inc reas e 7,500
PART TOW N FUND (FUND B):
3 Revenue B.0000.5031 Trans fer from General Fund Decrease (18,000)
Ex pense B.1650.4001 Telephone Decrease (18,000)
5 Ex pense B.8010.4035 Consult ant Services Inc reas e 6,000
Revenue B.0000.5995 Appropriat ed Fund Balanc e Inc reas e 6,000
HIGHW AY (FUND DB):
7 Revenue DB.0000.2806 Vehic le Repairs-MEMS Inc reas e 26,000
Revenue DB.0000.2809 Vehic le Repairs-SS Inc reas e 20,000
Ex pense DB.5130.4243 Outs ide Servic es Inc reas e 46,000
AMBULANCE FUND (FUND SM):
6 Revenue SM.0000.1640 Ambulanc e Charges Inc reas e 60,500
Ex pense SM.4189.4341 Temporary Paramedic Servic es Inc reas e 18,000
Ex pense SM.4190.4029 Vehic le Repairs Inc reas e 26,000
Ex pense SM.4190.4123 Equipment Maintenance Inc reas e 1,500
Ex pense SM.4191.4012 Buildings & Grounds Maint Inc reas e 4,000
Ex pense SM.4189.4283 Billing Servic es Inc reas e 11,000
SEW ER DISTRICT(FUND SS):
7 Ex pense SS.8120.2102 Equipment Decrease (20,000)
Ex pense SS.8120.4029 Vehic le Repairs Inc reas e 20,000
2021 OPERAT ING BUDGET AMENDMENT S
Page 84 of 113
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO:Town Board
FROM:
DATE:August 17, 2021
SUBJECT:2021/22 School Tax Warrant
ATTACHMENTS:
1.MAM'K SCHOOL TAX WARRANT 2021-2022 - AUG 17, 2021
2.SCARSDALE SCHOOL TAX WARRANT 2021-2022 - AUG 18, 2021
Page 85 of 113
TOWN OF MAMARONECK
MAMARONECK SCHOOL TAX WARRANT FOR THE YEAR 2021 / 2022
STATE OF NEW YORK )
COUNTY OF WESTCHESTER )
TO:Receiver of Taxes of the
Town of Mamaroneck in said County
YOU ARE HEREBY COMMANDED, to receive and collect from several persons named in the
assessment roll of the Mamaroneck Union Free School District in the Town of Mamaroneck,
hereunto annexed and herewith delivered to you, the sum of the School Taxes of said School
District set opposite their respective names in accordance with provision of Chapter 852 of the
Laws of 1948 (Title 16) and the acts amendatory thereof and supplemental thereto including the
amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted by the Town
Board of the Town of Mamaroneck on August 17, 2021.
AND YOU ARE HEREBY COMMANDED, to deposit all such monies so collected by you in
virtue of the warrant, to the credit of the Town of Mamaroneck, into the JPMorgan Chase
Bank, N.A., as provided by said Chapter 852 of Laws of 1948 (Title 16) and the acts
amendatory thereof and supplemental thereto including the amendment made by Chapter 386 of
the Laws of 1962 and resolution adopted by the Town Board of the Town Of Mamaroneck on
August 17, 2021, such taxes being levied against the said School District for the year 2021 / 2022
for the following purposes, viz:
APPROPRIATIONS
Program Component $110,575,311.00
Administration Component 14,456,709.00
Capital Component 19,909,299.00
TOTAL APPROPRIATIONS $144,941,319.00
ESTIMATED RECEIPTS
State Aid $8,176,762.00
Other Revenue 3,233,019.00
County Sales Tax 2,220,494.00
TOTAL REVENUES $13,630,275.00
TOTAL WARRANT AMOUNT $131,311,044.00
LESS AMOUNT TO BE PAID
BY STATE (STAR PROGRAM) ($3,548,225.86)
ROUNDING (5.06)
NET AMOUNT TO BE
RAISED BY TAXATION $ 127,762,813.08
AND YOU ARE FURTHER COMMANDED, to make and file with the undersigned Supervisor of
the said Town, as required by Chapter 852 of the Laws of 1948 (Title 16), and the acts
amendatory thereof, and supplemental thereto, including the amendment made by Chapter 286
of the Laws of 1962 and the resolution adopted by the Town Board of Mamaroneck, on
August 17, 2021, the reports provided for by said Law.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of said Town to be
hereunto affixed this 17th day of August, 2021.
_________________________________
NANCY SELIGSON
SUPERVISOR
TOWN OF MAMARONECK
Page 86 of 113
TOWN OF MAMARONECK
SCARSDALE SCHOOL TAX WARRANT FOR THE YEAR 2021 / 2022
STATE OF NEW YORK )
COUNTY OF WESTCHESTER )
TO: Receiver of Taxes of the
Town of Mamaroneck in said County
YOU ARE HEREBY COMMANDED, to receive and collect from the several persons named in
the assessment roll of the Scarsdale Union Free School District in the Town of Mamaroneck, New
York, hereunto annexed and herewith delivered to you, the sum of the School Taxes of said
School District set opposite their respective names in accordance with provision of Chapter 852
of the Laws of 1948 (Title 16), and the acts amendatory thereof and supplemental thereto
including the amendment made by Chapter 386 of the Laws of 1962 and the resolution adopted
by the Town Board of the Town of Mamaroneck on August 17, 2021.
AND YOU ARE HEREBY COMMANDED, to deposit all such monies so collected by you in virtue
of the warrant, to the credit of the Town of Mamaroneck, into the JPMorgan Chase Bank, N.A., as
provided by said Chapter 852 of the Laws of 1948 (Title 16) and the acts amendatory thereof and
supplemental thereto including the amendment made by Chapter 386 of the Laws of 1962 and
the resolution adopted by the Town Board of the Town of Mamaroneck on August 17, 2021, such
taxes being levied against the said School District for the year 2021/2022 for the following
purpose, viz:
APPROPRIATIONS
General Support $ 19,012,448.00
Pupil Transportation 4,544,518.00
Community Services 376,862.00
Undistributed Expense 47,213,994.00
Instructional Services 94,959,933.00
Transfer to Other Funds 270,000.00
Transfer to Capital Projects Fund 485,000.00
TOTAL APPROPRIATIONS $ 166,862,755.00
ESTIMATED RECEIPTS
State Aid 6,300,079.00
Other Receipts 1,538,800.00
Prior Year Surplus 2,225,000.00
County Sales Tax Distribution 1,550,000.00
Pilot Tax Revenue 272,726.00
Transfers from Reserves 601,751.00
TOTAL REVENUES $ 12,488,356.00
TOTAL WARRANT AMOUNT $ 154,374,399.00
TOWN OF MAMARONECK SHARE $6,578,159.00
LESS AMOUNT TO BE PAID
BY STATE (STAR PROGRAM) $ 40,244.00
ROUNDING (.54)
NET AMOUNT TO BE
RAISED BY TAXATION $ 6,537,914.46
AND YOU ARE FURTHER COMMANDED, to make and file with the undersigned Supervisor of
the said Town, as required by said Chapter 852 of the Laws of 1948 (Title 16), and the acts
amendatory thereof, and supplemental thereto, including the amendment made by Chapter 286
of the Laws of 1962 and the resolution adopted by Town Board of the Town of Mamaroneck, on
August 17, 2021, the reports provided for by said Law.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of said Town to be
hereunto affixed this 17th day of August, 2021.
_________________________________
NANCY SELIGSON
SUPERVISOR
TOWN OF MAMARONECK
Page 87 of 113
July 21, 2021
1
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD JULY 21, 2021 BEGINNING AT 5:00 PM, IN
CONFERENCE ROOM C AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE
TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK
PRESENT:Supervisor Nancy Seligson
Councilwoman Abby Katz
Councilwoman Jaine Elkind Eney
Councilwoman Sabrina Fiddelman
Councilman Jeffery L. King
ALSO PRESENT:Christina Battalia, Town Clerk
Connie Green O’Donnell, Deputy Town Administrator
William Maker, Jr., Town Attorney
CALL TO ORDER - WORK SESSION
The Worksession of the Town Board was called to order by Supervisor Seligson at
5:00 p.m.
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Work Session was
unanimously opened at 5:00 p.m.
Additionally Present: Lindsey Luft Assistant to the Town Administrator
Update - Comprehensive Plan
On motion of Councilwoman Katz, seconded by Councilman King, the Board unanimously agreed to enter
into an Executive Session to discuss the employment history of a particular corporation and potential
litigation.
EXECUTIVE SESSION
Employment History of a Particular Person or Corporation
Potential Litigation.
On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Board unanimously agreed
to resume the Worksession.
Discussion – Westchester Joint Water Works Notice of Violation
The Town Board reviewed the proposed retainer agreement with the law firm of Abrams Fensterman.
The Town Attorney has advised that this firm be engaged to represent the Town of Mamaroneck in
connection with the notice of violation of the Safe Drinking Water Act and an EPA Administrative
Order from the United States Attorney with respect to the Westchester Joint Water Works and its
constituent municipalities.
Page 88 of 113
July 21, 2021
2
Update - Racial Equity Task Force (RETF)
Councilman King stated that currently the Task Force has six members, and will be loosing one due to a
move. The Task Force would like the Town Board to consider making the Task Force a formal Town
committee. This would involve adopting a local law to create the committee and establish terms for its
members. Additionally, the Task Force is working to rename itself to be more reflective of its long term
mission. Councilman King noted an excellent presentation that the Task Force received from the
developers of the diversity equality and inclusion (DEI) App called CulturePop. The Task Force is looking
into recommending this as a tool for Town employees. Councilman King will prepare a proposal to draft a
local law to formalize the Task Force.
Update – Clean Energy Community Grants
Supervisor Seligson reported that as a result of the Town’s accomplishments in the area of clean energy
and as a designated Clean Energy Community, the Town will be eligible for grants totaling $45,000. The
Town Board reviewed the specific grant opportunities and discussed how best to spend the grant funds.
The grants can be combined for one project. The Town Board will use the grant funds toward supporting
the Towns electric vehicle fleet. This approval is on the regular agenda for this evening.
Update – Marihuana Regulations and Taxation Act
Supervisor Seligson noted that after the last meeting of the Supervisors, it appears most municipalities
will be opting out. A municipality can opt in later, but cannot opt out later. The Village of Larchmont will
hold a public hearing on legislation to opt out. The Town will hold a public session to hear from the
public in September.
Update – Recognizing Enslaved Africans of Larchmont Mamaroneck (REALM)
Recently the Town Board met on site at the Town Center with representatives of REALM to discuss a
location for a memorial. A design is not yet finalized, but the Town Board was open to the hill near the
bell as a potential site. REALM will be reaching out to artist, but all design discussions will be with the
Town Board.
Update - Westchester Joint Water Works Proposed Rate Increase
The Town Board was provided a hard copy PowerPoint from David Birdsall of the Westchester Joint
Water Works to facilitate a discussion of a proposed rate increase. The Town Board suggests an increase
of 9%. Approval is on the regular agenda for this evening.
Discussion – Tyler Technologies, Inc. Contract – Financial Management Systems
The Town Comptroller has previously presented to the Town Board a proposal for an upgrade of the
Town’s financial software. The Town Board reviewed a memorandum from Tracy Yogman re-outlining
the proposal and the costs. Approval of this contract is on the regular agenda for this evening.
Page 89 of 113
July 21, 2021
3
On motion of Councilwoman Fiddelman, seconded by Councilman King, the Board unanimously agreed to
enter into an Executive Session to discuss the employment history of a particular person.
EXECUTIVE SESSION
Employment History of a Particular Person
On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Board unanimously agreed
to resume the Regular Meeting.
CALL TO ORDER - REGULAR MEETING
The Regular Meeting of the Town Board was called to order by Supervisor Seligson at
8:00 p.m.
Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this
evening.
SUPERVISOR’S REPORT
Hello from our first in-person meeting in sixteen months! It is a welcome, long awaited change to
be meeting in-person again. We held a Town Board work session in Conference room C beginning
at 5:00 pm. We are now broadcasting from the Town Courtroom.
The Town’s in-person outdoor activities are in full swing with summer camps, concerts and movies.
The first outdoor concert was this past Monday night with the FED Drive band playing great dance
music. There was a good crowd and lovely weather. There will be outdoor concerts on the three
Monday nights.
The Town has been designated a Clean Energy Community and participates in the NYS Energy,
Research and Development Administration’s Clean Energy Communities program. As a result of
our accomplishments in the area of Clean Energy, we are eligible for grants totaling $45,000. The
Town Board discussed using the grants to purchase electric vehicles for the Town.
I attended a TVS Meeting, (Town, Village School) last week where representatives from the three
municipalities and two school districts get the chance to share information and updates.
Town Board members met with members of REALM (Recognizing Enslaved Africans of Larchmont
Mamaroneck) to explore a location for a proposed monument on the grounds of the Town Center.
The group will draft an RFP for artists and continue to communicate with the Town Board about
design and any progress.
Alan Casterella, General Foreman of the Highway Department for the past 19 years and Town of
Mamaroneck employee for 38 years retired June 30th. Alan has been a devoted employee, a team
player, a staff person who was always willing to go above and beyond for the Town and is a lovely
person. We wish him a happy healthy retirement and will miss him.
Page 90 of 113
July 21, 2021
4
Please remember there are still dangers of Covid. We urge everyone to get vaccinated and ask
those who are not to please wear a mask.
PUBLIC HEARING – Ambulance District Bonding
The following Notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County,
New York, will meet in the Town Center, 740 West Boston Post Road, in Mamaroneck, New York, on July
21, 2021, at 8 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 purchase of new heart monitors, defibrillators and stair chairs,
including incidental equipment and expenses in connection therewith, at a maximum estimated cost of
$105,000.
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.
At said public hearing said Town Board will hear all persons interested in the subject matter thereof
at the maximum estimated cost of $105,000.
Dated:Mamaroneck, New York,
July 7, 2021.
BY ORDER OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK
Christina Battalia
Town Clerk
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Public Hearing was
unanimously opened.
Supervisor Seligson asked if anyone in the audience wished to comment, and there was none.
On motion of Councilman King, seconded by Councilwoman Fiddelman, the Public Hearing was
unanimously closed.
On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the following was adopted,
In the Matter
of
The Increase and Improvement of the Facilities
of Town of Mamaroneck Town of Mamaroneck PUBLIC INTEREST ORDER
Page 91 of 113
July 21, 2021
5
Ambulance District, in the Town of
Mamaroneck, Westchester County, New York
WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly
caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of
the Town Law, relating to the proposed increase and improvement of the facilities of the Town of
Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, New York, being the
purchase of heart monitors, debibrillators and stair chairs, including incidental equipment and expenses in
connection therewith, in the Town of Mamaroneck, Westchester County, New York, at a maximum
estimated cost of $105,000 and
WHEREAS, at a meeting of said Town Board duly called and held on June 16, 2021, an Order was
duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the
increase and improvement of facilities of the Town of Mamaroneck Ambulance District in said Town at a
maximum estimated cost of $105,000, and to hear all persons interested in the subject thereof concerning
the same at the Town Center, in Mamaroneck, New York, in said Town, on July 21, 2021, at 8:00 o’clock
P.M., Prevailing Time; and
WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required
by law; and
WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all
persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT
ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as
follows:
Section 1.Upon the evidence given at the aforesaid public hearing, it is hereby found and
determined that it is in the public interest to make the increase and improvement of the facilities of the
Town of Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, New York,
being the purchase of heart monitors, debibrillators and stair chairs, including incidental equipment and
expenses in connection therewith, at a maximum estimated cost of $105,000.
Section 2.This Order shall take effect immediately.
The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted
as follows:
Councilman King Aye
Councilwoman Fiddelman Aye
Councilwoman Elkind Eney Aye
Councilwoman Katz Aye
Supervisor Seligson Aye
On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the following was
adopted,
BOND RESOLUTION DATED JULY 21, 2021.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $105,000 BONDS OF THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE
Page 92 of 113
July 21, 2021
6
AND IMPROVEMENT OF THE FACILITIES OF THE TOWN OF MAMARONECK AMBULANCE
DISTRICT, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK.
WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the
provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said
Town Board has determined it to be in the public interest to improve the facilities of the Town of
Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, New York, at a
maximum estimated cost of $105,000; and
WHEREAS, the capital project hereinafter described, as proposed, 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, which as such, will not
have any significant adverse effect on the environment NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as
follows:
Section 1.For the class of objects or purposes of paying the cost of the increase and
improvement of the Town of Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester
County, New York, being the purchase of heart monitors, defibrillators and stair chairs, including incidental
equipment and expenses in connection therewith, in the Town of Mamaroneck, Westchester County,
New York, there are hereby authorized to be issued $105,000 bonds of said Town pursuant to the
provisions of the Local Finance Law.
Section 2.It is hereby determined that the maximum estimated cost of the aforesaid class of
objects or purposes is $105,000, which class of objects or purposes is hereby authorized at said maximum
estimated cost, and that the plan for the financing thereof is by the issuance of the $105,000 bonds of said
Town authorized to be issued pursuant to this bond resolution.
Section 3.It is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is 5 years pursuant to subdivision 27-a of paragraph a of Section 11.00 of the
Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein
authorized will exceed five years.
Section 4.The faith and credit of said Town of Mamaroneck, Westchester County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same
respectively become due and payable. An annual appropriation shall be made in each year sufficient to
pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not
paid from monies raised from said Town of Mamaroneck Ambulance District as applicable in the manner
provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient
to pay the principal of and interest on such bonds as the same become due and payable.
Section 5.Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds
herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be
prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.
Section 6.The powers and duties of advertising such bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale,
conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said
Town, provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully
with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to
the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of
such bonds, who shall not be obliged to see to the application of the purchase money.
Section 7.All other matters except as provided herein relating to the serial bonds herein
authorized including the date, denominations, maturities and interest payment dates, within the
Page 93 of 113
July 21, 2021
7
limitations prescribed herein and the manner of execution of the same, including the consolidation with
other issues, and also the ability to issue serial bonds with substantially level or declining annual debt
service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall
contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law,
and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00
of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local
Finance Law.
Section 8.The validity of such bonds and bond anticipation notes may be contested only if:
1)Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2)The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
3)Such obligations are authorized in violation of the provisions of the Constitution.
Section 9.This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to
the permanent funding of the object or purpose described herein.
Section 10.This resolution, which takes effect immediately, shall be published in summary
form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided
in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which
resulted as follows:
Councilman King Aye
Councilwoman Fiddelman Aye
Councilwoman Elkind Eney Aye
Councilwoman Katz Aye
Supervisor Seligson Aye
PUBLIC HEARING – Garbage District Bonding
The following Notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New
York, will meet in the Town Center, in Mamaroneck, New York, in said Town, on July 21, 2021, at 8
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 and installation of a new truck body on a sanitation vehicle, including
incidental equipment and expenses in connection therewith, at a maximum estimated cost of $102,000.
It has been determined that said project is a Type II Action under the regulations promulgated under the
State Environmental Quality Review Act.
At said public hearing said Town Board will hear all persons interested in the subject matter thereof.
Page 94 of 113
July 21, 2021
8
Dated:Mamaroneck, New York,
July 7, 2021.
BY ORDER OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK
Christina Battalia Town Clerk
On motion of Councilwoman Katz, seconded by Councilman King, the Public Hearing was unanimously
opened.
Supervisor Seligson asked if anyone in the audience wished to comment, and there was none
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was
unanimously closed.
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following was
approved:
In the Matter
of
The Increase and Improvement of the Facilities
of the Garbage District No. 1, in the Town of
Mamaroneck, Westchester County, New York
PUBLIC INTEREST ORDER
WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly
caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of
the Town Law, relating to the proposed increase and improvement of the facilities of the Garbage District
No. 1, in the Town of Mamaroneck, Westchester County, New York, being the purchase and installation of
a new truck body on a sanitation vehicle, including incidental equipment and expenses in connection
therewith, at a maximum estimated cost of $102,000 and
WHEREAS, at a meeting of said Town Board duly called and held on June 16, 2021, an Order was
duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the
increase and improvement of facilities of the Garbage District No. 1 in said Town at a maximum estimated
cost of $102,000, and to hear all persons interested in the subject thereof concerning the same at the Town
Center, in Mamaroneck, New York, in said Town, on June 16, 2021, at 8:00 o’clock P.M., Prevailing Time;
and
WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required
by law; and
WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all
persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT
ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as
follows:
Page 95 of 113
July 21, 2021
9
Section 1.Upon the evidence given at the aforesaid public hearing, it is hereby found and
determined that it is in the public interest to make the increase and improvement of the facilities of the
Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the
purchase and installation of a new truck body on a sanitation vehicle, including incidental equipment and
expenses in connection therewith, at a maximum estimated cost of $102,000.
Section 2.This Order shall take effect immediately.
The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted
as follows:
Councilman King Aye
Councilwoman Fiddelman Aye
Councilwoman Elkind Eney Aye
Councilwoman Katz Aye
Supervisor Seligson Aye
On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following was adopted,
BOND RESOLUTION DATED JULY 21, 2021.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $102,000 BONDS OF THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE
AND IMPROVEMENT OF THE FACILITIES OF THE GARBAGE DISTRICT NO. 1, IN THE TOWN
OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK.
WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the
provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said
Town Board has determined it to be in the public interest to improve the facilities of the Garbage District
No. 1, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of
$102,000; and
WHEREAS, the capital project hereinafter described, as proposed, 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, which as such, will not
have any significant adverse effect on the environment NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as
follows:
Section 1.For the specific object or purpose of paying the cost of the increase and
improvement of the Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York,
consisting of the purchase and installation of a new truck body on a sanitation vehicle, including incidental
equipment and expenses in connection therewith, there are hereby authorized to be issued $102,000
bonds of said Town pursuant to the provisions of the Local Finance Law.
Section 2.It is hereby determined that the maximum estimated cost of the aforesaid specific
object or purpose is $102,000, which specific object or purpose is hereby authorized at said maximum
estimated cost, and that the plan for the financing thereof is by the issuance of the $102,000 bonds of said
Town authorized to be issued pursuant to this bond resolution.
Section 3.It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is 15 years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local
Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein
authorized will exceed five years.
Page 96 of 113
July 21, 2021
10
Section 4.The faith and credit of said Town of Mamaroneck, Westchester County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same
respectively become due and payable. An annual appropriation shall be made in each year sufficient to
pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not
paid from monies raised from said Garbage District No. 1 as applicable in the manner provided by law,
there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the
principal of and interest on such bonds as the same become due and payable.
Section 5.Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds
herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be
prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.
Section 6.The powers and duties of advertising such bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale,
conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said
Town, provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully
with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to
the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of
such bonds, who shall not be obliged to see to the application of the purchase money.
Section 7.All other matters except as provided herein relating to the serial bonds herein
authorized including the date, denominations, maturities and interest payment dates, within the
limitations prescribed herein and the manner of execution of the same, including the consolidation with
other issues, and also the ability to issue serial bonds with substantially level or declining annual debt
service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall
contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law,
and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00
of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local
Finance Law.
Section 8.The validity of such bonds and bond anticipation notes may be contested only if:
1)Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2)The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
3)Such obligations are authorized in violation of the provisions of the Constitution.
Section 9.This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to
the permanent funding of the object or purpose described herein.
Section 10.This resolution, which takes effect immediately, shall be published in summary
form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided
in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which
resulted as follows:
Councilman King Aye
Councilwoman Fiddelman Aye
Councilwoman Elkind Eney Aye
Councilwoman Katz Aye
Supervisor Seligson Aye
Page 97 of 113
July 21, 2021
11
PUBLIC HEARING - Water District No. 1 Bonding
The following Notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County,
New York, will meet in the Town Center, in Mamaroneck, New York, in said Town, on July 21, 2021, at 8
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 the construction of improvements to the water distribution system, including original
furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses
in connection therewith, at a maximum estimated cost of $712,000. It has been determined that said
projects are Type II Actions under the regulations promulgated under the State Environmental Quality
Review Act.
At said public hearing said Town Board will hear all persons interested in the subject matter
thereof.
Dated:Mamaroneck, New York,
July 7, 2021.
BY ORDER OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK
Christina Battalia
Town Clerk
On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Public Hearing was
unanimously opened.
Supervisor Seligson asked if anyone in the audience wished to comment, and there was none
On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Public Hearing was
unanimously closed.
On motion of Councilman King, seconded by Councilwoman Elkind Eney, the following was adopted
In the Matter
of
The Increase and Improvement of the Facilities
of Water District No. 1, in the Town of
Mamaroneck, Westchester County, New York
PUBLIC INTEREST ORDER
WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly
caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of
the Town Law, relating to the proposed increase and improvement of the facilities of Water District No. 1,
in the Town of Mamaroneck, Westchester County, New York, consisting of the construction of
Page 98 of 113
July 21, 2021
12
improvements to the water distribution system, including original furnishings, equipment, machinery,
apparatus, appurtenances, and incidental improvements and expenses in connection therewith, in the
Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $712,000 and
WHEREAS, at a meeting of said Town Board duly called and held on June 16, 2021, an Order was
duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the
increase and improvement of facilities of Water District No. 1 in said Town at a maximum estimated cost
of $712,000, and to hear all persons interested in the subject thereof concerning the same at the Town
Center, in Mamaroneck, New York, in said Town, on July 21, 2021, at 8:00 o’clock P.M., Prevailing Time;
and
WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required
by law; and
WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all
persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT
ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as
follows:
Section 1.Upon the evidence given at the aforesaid public hearing, it is hereby found and
determined that it is in the public interest to make the increase and improvement of the facilities of Water
District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the construction
of improvements to the water distribution system, including original furnishings, equipment, machinery,
apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a
maximum estimated cost of $712,000.
Section 2.This Order shall take effect immediately.
The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted
as follows:
Councilman King Aye
Councilwoman Fiddelman Aye
Councilwoman Elkind Eney Aye
Councilwoman Katz Aye
Supervisor Seligson Aye
On motion of Councilwoman Fiddelman, seconded by Councilman King, the following was approved,
BOND RESOLUTION DATED JULY 21, 2021.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $712,000 BONDS OF THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE
AND IMPROVEMENT OF THE FACILITIES OF WATER DISTRICT NO. 1, IN THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK.
WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the
provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said
Town Board has determined it to be in the public interest to improve the facilities of Water District No. 1,
in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of $712,000;
and
WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a
Type II Action pursuant to the regulations of the New York State Department of Environmental
Page 99 of 113
July 21, 2021
13
Conservation promulgated pursuant to the State Environmental Quality Review Act, which as such, will not
have any significant adverse effect on the environment NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as
follows:
Section 1.For the class of objects or purposes of paying the cost of the increase and
improvement of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York,
consisting of the construction of improvements to the water distribution system, including original
furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses
in connection therewith, in the Town of Mamaroneck, Westchester County, New York, there are hereby
authorized to be issued $712,000 bonds of said Town pursuant to the provisions of the Local Finance Law.
Section 2.It is hereby determined that the maximum estimated cost of the aforesaid class of
objects or purposes is $712,000, which class of objects or purposes is hereby authorized at said maximum
estimated cost, and that the plan for the financing thereof is by the issuance of the $712,000 bonds of said
Town authorized to be issued pursuant to this bond resolution.
Section 3.It is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is 40 years pursuant to subdivision 1 of paragraph a of Section 11.00 of the
Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein
authorized will exceed five years.
Section 4.The faith and credit of said Town of Mamaroneck, Westchester County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same
respectively become due and payable. An annual appropriation shall be made in each year sufficient to
pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not
paid from monies raised from said Water District No. 1 as applicable in the manner provided by law, there
shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal
of and interest on such bonds as the same become due and payable.
Section 5.Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds
herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be
prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.
Section 6.The powers and duties of advertising such bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale,
conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said
Town, including, but not limited to, the power to sell said bonds to the New York State Environmental
Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor
shall comply fully with the provisions of the Local Finance Law and any order or rule of the State
Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full
acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 7.All other matters except as provided herein relating to the serial bonds herein
authorized including the date, denominations, maturities and interest payment dates, within the
limitations prescribed herein and the manner of execution of the same, including the consolidation with
other issues, and also the ability to issue serial bonds with substantially level or declining annual debt
service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall
contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law,
and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00
of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local
Finance Law.
Section 8.The Supervisor is hereby further authorized, at her sole discretion, to execute a
project finance and/or loan agreement, and any other agreements with the New York State Department
of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto,
Page 100 of 113
July 21, 2021
14
and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the
financing or refinancing of the class of objects or purposes described in Section 1 hereof, or a portion
thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State
Environmental Facilities Corporation.
Section 9.The power to issue and sell notes to the New York State Environmental Facilities
Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor.
Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent
with the provisions of the Local Finance Law.
Section 10.The validity of such bonds and bond anticipation notes may be contested only if:
1)Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2)The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
3)Such obligations are authorized in violation of the provisions of the Constitution.
Section 11.This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to
the permanent funding of the object or purpose described herein.
Section 12.This resolution, which takes effect immediately, shall be published in summary
form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided
in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted
as
Councilman King Aye
Councilwoman Fiddelman Aye
Councilwoman Elkind Eney Aye
Councilwoman Katz Aye
Supervisor Seligson Aye
PRESENTATION
Westchester Power Community Choice Aggregate (CCA) Update
Paul Presendieu, Outreach Coordinator for Sustainable Westchester, presented
an update of the CCA Program via a PowerPoint, as well as information about
Sustainable Westchester.
Supervisor Seligson thanked Mr. Presendieu for his presentation.
OUT OF ORDER
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15
AFFAIRS OF THE TOWN
1.Commendation – Jackson Baker, Larchmont Volunteer Ambulance Corp
Supervisor Seligson introduced Jackson Baker a member of the Volunteer
Ambulance Corp (VAC) who is receiving a Commendation this evening for his
recent heroic work. John Pomponio Chief of VAC and Chris Muller President of
VAC presented the Commendation.
John Pomponio addressed the audience and described that Mr. Baker is one of
the most active members of VAC, serving 1,000 hours of duty during COVID.
Mr. Baker is being honored for his heroic act of chasing and jumping into a rolling
unattended vehicle before it crashed into a building. This was truly a lifesaving
act.
Mr. Baker thanked the Town for this Commendation.
CITIZEN’S COMMENTS
Kevin Crowe of Larchmont Gardens’ Civic Association addressed the Town Board. Mr. Crowe asked if the
cleanup around the Brook that occurred last fall will continue this fall? Mr. Crowe also asked if there is a
plan to plant and replace the Ash trees that have died. Connie Green O’Donnell will follow up with the
Highway Department on the fall cleanup. Supervisor Seligson stated that Ash tree removal and
replacement is a conversation we can have with our Conservation Department. Mr. Crowe stated that
the Association would always support efforts to promote trees.
BOARD OF FIRE COMMISSIONERS
Commissioner Seligson called the Meeting to order, then on motion of Commissioner Elkind Eney,
seconded by Commissioner King, the Board of Fire Commissioners was unanimously declared open.
Present were the following Members of the Commission:
Commissioner:Nancy Seligson
Commissioner:Abby Katz
Commissioner:Jaine Elkind Eney
Commissioner:Sabrina Fiddelman
Commissioner: Jeffery L. King
1. FIRE CLAIMS
On motion of Commissioner Elkind Eney, seconded by Commissioner Katz, it was
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July 21, 2021
16
RESOLVED that this Commission does hereby authorize payment of the following
Fire Department Claims as approved by the Fire Chief and audited by the
Comptroller’s Office:
ATTACHMENT A
The above resolution was put to a roll call vote:
Commissioner King Aye
Commissioner Fiddelman Aye
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Seligson Aye
2.Other Fire Department Business
Commissioner Elkind Eney read the Fire Report for the Month of June as submitted by Chief Hughes as
follows:
June 2021
ALARM TYPE NUMBER
Generals 34
Minors 21
Stills 1
Out of Town (Mutual Aid)2
EMS 58
Drills 3
TOTAL 119
Total number of personnel responding: 566
Total time working: 46 hours and 56 minutes
Commissioner Elkind Eney announced that our Fire Department won two awards at the Fireman’s Parade
on June 30th. One for best ariel ladder and one for best non-regulation uniform. We thank them as always
for their service.
There being no further business to come before the Commission, on motion of Commissioner Elkind
Eney, seconded by Commissioner Fiddelman, the Commission unanimously adjourned and the Town
Board reconvened.
Page 103 of 113
July 21, 2021
17
AFFAIRS OF THE TOWN
2.Fiscal Year Q2 2021 Operating Budget Report
Presented by Tracy Yogman Town Comptroller.
3.Fiscal Year Q2 2021 Budget Report
Presented by Tracy Yogman Town Comptroller.
4.Salary Authorization – Labor Foreman, Highway Department
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was
RESOLVED, that the Mamaroneck Town Board does hereby appoint Christopher Gonch to the
position of Labor Foreman in the Highway Department, effective July 22, 2021, at an annual
salary of $80,473.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
5.Salary Authorization – Technical Support Specialist, IT Department
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was
RESOLVED, that the Mamaroneck Town Board does hereby appoint Attila Papp
to the position of Technical Support Specialist in the IT Department, effective July 22, 2021,
at an annual salary of $76,885.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
Page 104 of 113
July 21, 2021
18
6. Salary Authorization – Maintenance Worker – Repair, Recreation Department
On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was
RESOLVED, that the Mamaroneck Town Board does hereby appoint David Andrew to the position
of Maintenance Worker – Repair in the Recreation Department, effective July 22, 2021, at an
annual salary of $71,402.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
7.Authorization – Tyler Technologies Inc., Contract
On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the Contract
with Tyler Technologies, Inc. – Munis for the implementation and annual licensing for
a cloud based financial management system for the cost outlined below, and
BE IT, FURTHER
RESOLVED, that the Deputy Town Administrator is hereby authorized to execute said
agreement on behalf of the Town.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
1-Time
Implementation
Cost
YR 1
Annual
Cost
Financials-
Purchasing/AP/Budgeting/Fleet $ 140,150 $ 56,297
Total Yr 1 140,150 56,297
Page 105 of 113
July 21, 2021
19
8.Authorization - Intermunicipal Agreement Village of Scarsdale – Board of Assessment Review
On motion of Councilwoman Elkind Eney, seconded by Councilwoman King, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the Intermunicipal
Agreement between the Town of Mamaroneck and the Village of Scarsdale for the Town
to hear a property grievance application filed by a Village of Scarsdale Board of Assessment
Review Member, and
BE IT, FURTHER
RESOLVED, that the Deputy Town Administrator is hereby authorized to execute said
agreement on behalf of the Town.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
9.Authorization – NYSERDA Grant – Clean Energy Grant Program
On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the NYSERDA Grant –
Clean Energy Grant Program, for funds to be used for electric vehicles and other related
equipment, and
BE IT, FURTHER
RESOLVED, that the Town Supervisor is authorized to submit said grant application on
behalf of the Town.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
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July 21, 2021
20
10.Report of Bids – Award Contract TA-21-10 Hickory Grove Drive East Sidewalk
On motion Councilwoman Elkind Eney, seconded by Councilman King, it was approved,
WHEREAS, on July 14, 2021 the Town publically opened and read six (6) bids for
Contract TA-21-10 Hickory Grove Drive East Sidewalk.
NOW, THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-21-10 Hickory
Grove Drive East Sidewalk to, Peter J. Landi, Inc., the lowest responsible bidder meeting all of
the Town’s requirements, at a base bid price of $108,841.00, and
BE IT, FURTHER
RESOLVED, that the Deputy Town Administrator is hereby authorized to execute said
contract on behalf of the Town.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
11.WJWW Water Rate Increase
On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was
RESOLVED, that the Mamaroneck Town Board does hereby authorize an
increase of 9% to be applied to all applicable water use rates charged by
the Westchester Joint Water Works, and that such rate increase shall be
effective with the Westchester Joint Water Works water rate billing for
July 2021.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
Page 107 of 113
July 21, 2021
21
12.Set Public Hearing - Amendment NYStretch Code 2020
On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public
Hearing on the “Amendment of the Adoption of the NYStretch Code 2020,
supplement to the 2020 Energy Conservation Construction Code of New York State”
Law, for August 17, 2021 at 8:00 p.m., at the Town Center, 740 West Boston Post
Road, Mamaroneck, and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said
hearing in a newspaper appointed as an official newspaper, and that said Notice, be
posted.
13.Settlement of Certiorari
On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the following
tax certiorari on the following terms:
RDS Realty LLC
656 Van Ranst Place
Section/Block/Lot: 8-22-362
Town of Mamaroneck/Village of Mamaroneck
Year Assessment Amount of Reduction Reduced Assessment
2017 $550,000 $95,000 $455,000
2018 $550,000 $95,000 $455,000
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
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14.Authorization – Engagement of Abrams Fensterman Attorneys at Law
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the engagement of the
law firm of Abrams Fensterman, of White Plains, New York, to represent the Town of
Mamaroneck in connection with the notice of violation served by the United States Attorney
with respect to the Westchester Joint Water Works and its constituent municipalities.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
15.Second September Town Board Meeting
On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby change the second September
Town Board originally set for Monday, September 13, to Wednesday, September 22, 2021.
16. Authorization - Salary Adjustment – Assistant to the Town Administrator
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the salary adjustment
for Lindsey Luft, Assistant to the Town Administrator, at an increase of $5,000 effective
August 1, 2021, and an additional increase of $5,000, effective January 1, 2022.
The above resolution was put to a roll call vote:
King Aye
Fiddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
APPROVAL OF MINUTES
On motion of Councilwoman Fiddelman, seconded by Councilman King, it was
unanimously
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July 21, 2021
23
RESOLVED, that the Mamaroneck Town Board does hereby approve the
Board Minutes from the meetings of June 2 and June 16, 2021.
REPORT OF COUNCIL
The Town Board Members reported on their various activities and meetings since the last Town Board
Meeting.
ADJOURNMENT
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the meeting was
unanimously adjourned.
________________________________
Submitted by
Christina Battalia, Town Clerk
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ATTACHMENT A
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25
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DATE
1
MINUTES OF THE SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK HELD JULY 28, 2021 BEGINNING AT 6:00 PM, IN CONFERENCE ROOM C,
OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK
PRESENT:Supervisor Nancy Seligson
Councilwoman Abby Katz
Councilwoman Jaine Elkind Eney
Councilwoman Sabrina Fiddelman
Councilman Jeffery L. King
ALSO PRESENT:Meredith Robson, Town Administrator Appointee
Christina Battalia, Town Clerk
Connie Green O’Donnell, Deputy Town Administrator
William Maker, Jr., Town Attorney
CALL TO ORDER
The Special Meeting of the Town Board was called to order by Supervisor Seligson at 6:00 p.m.
On motion of Councilwoman Katz, seconded by Councilman King, the Special Meeting was unanimously
opened.
Additionally Present: Lindsey Luft Assistant to the Town Administrator
On motion of Councilwoman Fiddelman, seconded by Councilman King, the Board unanimously agreed to
enter into an Executive Session to discuss the employment history of a particular person and corporation,
and potential litigation.
EXECUTIVE SESSION
Employment History of a Particular Person and Corporation
Potential Litigation.
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Board unanimously agreed
to go out of Executive Session.
New Business
Supervisor Seligson recapped the meeting that occurred earlier in the day regarding Moddy’s Investor
Services. Additionally, Supervisor Seligson noted a County call the previous Friday amongst elected officials
to discuss COVID-19.
On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the meeting was unanimously
adjourned at 8:06 p.m.
________________________________
Submitted by
Christina Battalia, Town Clerk
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