HomeMy WebLinkAbout2024_03_20 Town Board Minutes o
_ ��9_1_ Town of Mamaroneck
// Town Board Minutes
m Wednesday, March 20, 2024, Courtroom, Second Floor of
n Town Center 5:00 PM
FOUNDED 1661
PRESENT: Jaine Elkind Eney, Town Supervisor
Sabrina Fiddelman, Councilmember
Jeffery L. King, Councilmember
Robin Nichinsky, Councilmember
Anant Nambiar, Councilmember
ABSENT:
ALSO PRESENT: Allison May, Town Clerk
Meredith S. Robson, Town Administrator
Connie Green O'Donnell, Deputy Town Administrator
William Maker Jr., Town Attorney
Tracy Yogman, Town Comptroller
Marc Romero, Assistant to the Town Administrator
5:00 PM THE TOWN BOARD WORK SESSION
CALL TO ORDER
The Work Session of the Town Board was called to order by Town Supervisor Elkind Eney.
Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, the Work
Session unanimously opened at 5:04 p.m.
WORK SESSION ITEMS
1. Discussion - Resolution Waiving Penalties and Interest on Late Payments of
Real Property Taxes Due to Alleged Criminal Activity
Town Comptroller Tracy Yogman explained recent events leading to a proposal to
waive the penalties and interest on late payments of property taxes due to alleged
criminal activity. The Town Board discussed a potential waiver on the penalties and
interest on those payments received late where there is evidence of a check washing
scheme. The Board also discussed going back to tax payments made against the
Town's 2023/24 School Taxes, which were mailed out last September.
The Town Comptroller presented another recent problem not related to criminal
activity but concerning bill payments using online checks through one's bank. (These
are physical checks, not ACH payments.) Banks send these payments through check
processors that print out the physical checks and then mail them to whoever needs to
be paid. There are two problems with this process. First, processors are holding the
payments, gathering, and then mailing them out in batches. Second, these batches
are being mailed out in envelopes without a dated postage stamp. Because of delays
with our local mail delivery, some of these checks arrive late and there is no way to
establish if they were mailed on time. Taxpayers are not aware of this delay and no
postage date problem until it is too late. Taxpayers are having to pay late penalties
and interest because there is no way to prove that the tax payments were mailed in a
timely manner.
Town Board
March 20, 2024
The Board discussed these problems and suggested that the Town try to raise
awareness of all the issues through various means, including an email blast, a note
with upcoming tax bills, a post-card mass mailing to all residents, and inclusion in the
monthly Supervisor's Newsletter. To avoid these, the Town will recommend payment
through the Town's website, either via an ACH payment (which is free) or with a credit
card payment (which incurs a fee). The Board even suggested the Town consider the
opportunity to install two electronic signs at the kiosk at the corner of Myrtle Boulevard
and Chatsworth Avenue to alert residents of fraudulent activities, noting that such
electronic signs could also be used for many other Town notifications.
2. Discussion - Speed Hump Policy
Several surrounding municipalities have installed speed humps in recent years in an
effort to slow traffic. A number of Town residents have approached the Traffic
Committee requesting speed humps be installed on their streets to slow traffic as well.
As a result, the Traffic Committee proposes the Town develop a speed hump policy to
determine the specificity of the criteria for a speed hump and to ensure consistency of
reviews.
The Town Board discussed how to quantify the movement of traffic after a speed
hump is installed, to determine how much traffic moves to adjacent streets, as well as
how to determine a baseline for traffic flow. The Town Administrator explained that
temporary speed humps could be installed and provide data and feedback on the
speed humps prior to final installation. The Board suggested adding several clauses
to the policy presented, as well as broadening the notification requirements.
3. Consideration of Authorization of Engineering Services Proposal Traffic Signal
Replacement - Richbell Road & Palmer Avenue
The Town Board discussed how this proposal is for much more than a simple traffic
signal replacement. The agreement includes a study to determine traffic flow patterns
and evaluate various lane options.
4. Discussion - Bid - TA-24-04 - Nancy Lane Storm Sewer Extension
Town Administrator Meredith Robson recommended approving the bid for this project,
as part of the Town's ongoing storm sewer system improvements. The project scope
involves the installation of two new stormwater catch basins and underground piping.
These will intercept surface runoff that flows onto a Town roadway creating an unsafe
ice condition during winter weather. The Town Administrator highlighted that fifteen
bid proposals were received for this project.
5. Discussion - Leaf Blower Law
Town Supervisor Jaine Elkind Eney presented several comments she had received
from Alan Reiter of the Sustainability Collaborative, particularly that he wondered
about the exclusion of country clubs. As a result, the Town Supervisor had requested
some research which showed that most neighboring municipalities also exclude
country clubs from their leaf blower laws. When the technology improves, the Town
Board could possibly review the exclusion again. It was noted that enforcement may
take a while.
Then Town Attorney William Maker Jr. pointed out several comments from Ralph
Engel, including an exclusion of imminent danger. Mr. Reiter, who asked first if he
could be allowed to speak during the Work Session, wondered if the Town had
received any other negative comments. No one knew of any other negative
comments.
6. OUT OF ORDER - Updates
Supervisor Elkind Eney updated the Town Board on a resolution before the New York
State legislature which would establish criteria to rate the ability of an item to be
Town Board
March 20, 2024
repaired. This determination would be available to consumers prior to purchasing an
item. Mark Kramer, Co-Chair of the Sustainability Collaborative, had requested
permission to sign the petition in support of the legislation as member of Sustainability
Collaborative. For more information, the Town Supervisor suggested contacting Sue
Odierna.
The Town Supervisor said that we received Westchester County's response to the
Town's new Comprehensive Plan. The Town Supervisor forwarded the County's
response to Tiffany Zezula for analysis and review, and then it will be shared with the
Board.
Town Administrator Meredith Robson updated the Board on the Waverly Avenue
Bridge. The Town Administrator mentioned that we have incurred $67,000 in overtime
fees for law enforcement, and we are still waiting for the results of the traffic study.
The redesign of the piles for the bridge has now been approved, so that will affect a
small change in the design of the project. There will be a status meeting on Friday
and ELQ should restart next week.
7. ITEM ADDED: Advice of Counsel
Moved by Councilmember King seconded by Councilmember Fiddelman, the
Town Board entered into advice of counsel.
Carried
Moved by Councilmember Nambiar, seconded by Councilmember Nichinsky,
the Town Board unanimously agreed to resume the Work Session.
Carried
8. Request for Executive Session
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar,
the Town Board entered into an Executive Session to discuss the employment
history of a particular individual, a contract negotiation, and the potential sale
or lease of land.
Carried
Moved by Councilmember King seconded by Councilmember Fiddelman, the
Town Board unanimously agreed to resume the Regular Meeting.
Carried
9. Additions to Regular Meeting Agenda
8:00 PM TOWN BOARD REGULAR MEETING
The Town Board meeting convened in the Courtroom Located on the second floor of the
Town Center. The Public was to view the meeting on cable access television (Optimum 76/
Fios 35) or on LMCMedia.org
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Town Supervisor Elkind
Eney at 8:19 p.m.
SUPERVISOR'S REPORT
Welcome to the March 20, 2024, meeting of the Town Board of the Town of Mamaroneck.
The Town Board met today for a Work Session in Conference Room A, starting at 5:00pm,
which is open to the Public. And, welcome to spring!
Town Board
March 20, 2024
On March 12, the Town Board met in a joint meeting with the Recreation Commission to
share our thoughts on two upcoming projects—shade structures and landscaping at the
Memorial Park Playground and designs options in connection with the Town's outdoor pool
area. The discussion was very productive.
On March 14, Councilwoman Sabrina Fiddelman and I attended the County Executive's
State of the County Address. It was impressive to see how much has been accomplished in
the County over the last year(s). We rely on the County for many services, so we were
delighted to see that the County is in such good shape.
On March 18, Councilwoman Sabrina Fiddelman and I attended "A Taste of Coop" to
celebrate and support coop camp. Coop camp, established over 40 years ago, is a nationally
recognized summer enrichment program located right here in Mamaroneck. It provides
academic and recreational experiences for 200+ students from all 4 elementary schools in
the district. The program also employs & mentors a diverse group of local teenagers to
promote leadership and employment opportunities.
Presidential Primary - This year, the Presidential Primary in NYS is April 2. One of the Early
voting locations for Westchester residents is here at the Town Center from Saturday, March
23 through Saturday, March 30. If you wait to vote until Primary Day, April 2, you must vote
at your designated polling place. For the daily times for early voting, to find your designated
polling place for April 2, and for more information on Voter Registration and Absentee
Ballots, visit our Town Website at www.townofmamaroneckny.org/268/voter-information.
Some upcoming events between now and the next Town Board Meeting:
On March 23 the County Shred-mobile will be at Maxwell Avenue from 10-1.
Also, on March 23 from 1-3 there will be a Skate with the Easter Bunny at Hommocks Park
Ice Rink.
On March 24 at 1 :30 is the Sound Shore St. Patrick's Day Parade.
The Town offices will be closed on March 29 for Good Friday.
For all those who celebrate, I wish you a happy Easter.
RESIDENT COMMENTS
Supervisor Elkind Eney asked if anyone in the audience wished to address the Board. Elka
Raved from the Larchmont Gardens Civic Association stood and introduced herself to the
Town Board. On behalf of the Larchmont Gardens Civic Association, Ms. Raved thanked the
Town Board for the repair work that had been done on the Arches. Ms. Raved asked the
Board if they could share the timeline for the start of the next phase of work on the Arches
and also when the forebay work would begin. Administrator Robson said that the next phase
of work on the Arches should both begin and end in April but could not recall when the
forebay work would be complete so would follow up with Ms. Raved.
Next Ms. Raved asked about the upcoming public hearing on the leaf blower law. Supervisor
Elkind Eney said that the Board would consider later this evening setting a public hearing on
the leaf blower law for April 10th
STAFF COMMENTS/ PRESENTATIONS
BOARD OF FIRE COMMISSIONERS
1. Call to Order
Commissioner Elkind Eney called the Meeting to order, then on motion of
Commissioner King and seconded by Commissioner Fiddelman the Board of Fire
Commissioners was unanimously declared open.
Present were the following Members of the Commission:
Commissioner: Jaine Elkind Eney
Commissioner: Sabrina Fiddelman
Commissioner: Jeffery L. King
Commissioner: Robin Nichinsky
Commissioner: Anant Nambiar
Town Board
March 20, 2024
2. Fire Claims
Moved by Commissioner King, seconded by Commissioner Fiddelman, it was
RESOLVED that the Board of Fire Commissioners hereby approves the list of
fire claims dated March 20, 2024, in the amount of$8,827.43.
See Attachment A.
Carried
3. Other Fire Department Business
There being no further business to come before the Fire Commission, on motion of
Commissioner King, Seconded by Commissioner Nichinsky, the Commission
unanimously adjourned and the Town Board reconvened.
AFFAIRS OF THE TOWN OF MAMARONECK
1. Consideration of Resolution Waiving Penalties and Interest on Late Payments
of Real Property Taxes Due to Alleged Criminal Activity
Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman,
WHEREAS, there have been numerous occasions since the beginning of 2024
when checks to pay real property taxes have been mailed by taxpayers only to
be intercepted, altered to change the payee and sometimes the amount (a
process known as "washing") and fraudulently cashed,
WHEREAS, as a result of this criminal activity, payments of real property taxes
that otherwise would have been made before the imposition of interest and
penalties have not been made,
WHEREAS, the Receiver of Taxes is required by law to impose interest and
penalties on late tax payments regardless of the circumstances that led to the
delinquency,
WHEREAS, because the law requires it, the Receiver of Taxes has been
compelled to charge interest and penalties, or advise taxpayers that interest and
penalties will be charged, on late tax payments even though the delay was
through no fault of the taxpayer,
WHEREAS, the Town Board determines that imposing interest and penalties
when late payment is due to criminal activity in which the taxpayer played no part
is not in the best interest of the Town,
WHEREAS, these facts present a unique situation,
WHEREAS, based upon the foregoing and acting pursuant to Real Property Tax
Law§1182, it is the best interests of the Town to authorize the Receiver of Taxes,
upon receipt of proper proof, to accept late payments of real property taxes
without imposing interest and penalties.
NOW THEREFORE, BE IT
RESOLVED, that commencing with the 2023/2024 School Tax, the Receiver of
Taxes hereby is directed to accept late payments of real property taxes, without
imposing interest and penalties, in full satisfaction of unpaid real property taxes
if the taxpayer
(1) Provides a sworn statement that affirms (a) that a check was drawn for the
purpose of paying the taxpayer's real property taxes, (b) that the check was
mailed on or before the last day when a real property tax can be paid without
interest and penalties being imposed and (c) that the taxpayer was unaware that
the check had been intercepted and altered until after the check was negotiated,
(2) produces a copy of the check that the taxpayer claims was altered, and
(3) presents proof that such check was negotiated, and
(4) supplies proof that the institution upon which such check was drawn has
reimbursed the taxpayer for the amount for which the check was drawn, and
Town Board
March 20, 2024
(5) signs a statement authorizing the Receiver of Taxes to contact the institution
upon which such check was drawn for the sole purpose of confirming that such
institution reimbursed the taxpayer for the amount for which the check was
drawn,
BE IT FURTHER
RESOLVED, that upon receiving the aforementioned documentation from a
taxpayer who has paid real property taxes with interest and penalties, the
Receiver of Taxes is directed to waive or refund (if paid) such interest and
penalties, without interest, to such taxpayer, and
BE IT FURTHER
RESOLVED, nothing in this resolution shall prevent the Receiver of Taxes, after
consulting the Town Administrator and the Town Attorney, from collecting
interest and penalties or refusing to refund same if the Receiver has a legitimate
reason not to believe the taxpayer's sworn statement or that the check presented
by the taxpayer had not been altered or was not drawn for the purpose of paying
the taxpayer's real property taxes, and
BE IT FURTHER
RESOLVED, that the Receiver of Taxes shall advise anyone denied the relief
authorized by this resolution that such person has the right to appeal such
decision to the Town Board within twenty(20) days of being notified of the denial,
and
BE IT FURTHER
RESOLVED, the direction and authority given to the Receiver of Taxes by this
resolution shall expire without further action by the Town Board on August 31,
2024 except that after this resolution expires, the Receiver of Taxes shall refund
interest and penalties to, or accept late payments of real property taxes without
imposing interest and penalties, in full satisfaction of unpaid real property taxes
from, taxpayers who complied with the requirements of this resolution before
this resolution shall have expired, and
BE IT FURTHER
RESOLVED, that because this situation is unique and occasioned by criminal
activity, the Town Board does not consider its action in this matter to be setting
a precedent for dealing with other properties that are delinquent in payment of
their real property taxes.
Carried
2. Consideration of Authorization of Engineering Services Proposal Traffic Signal
Replacement - Richbell Road & Palmer Avenue
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was
RESOLVED that the Town Board hereby authorizes the consultant services
agreement for the Traffic Signal Replacement at the intersection of Richbell
Road& Palmer Avenue to Barton & Loguidice, D.P.C. in the amount of
$37,200.00 and hereby authorizes the Town Administrator to execute the
agreement and any related documents necessary to carry out its
implementation.
Carried
3. Consideration of Award of Bid - TA-24-04 - Nancy Lane Storm Sewer Extension
Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, it was
RESOLVED that the Town Board hereby award the bid for the Nancy Lane
Storm Sewer Extension received and opened on February 23, 2024, to Jablko
Construction in the amount of$70,925.00 and hereby authorizes the Town
Administrator to execute the agreement and any related documents necessary
to carry out its implementation.
Carried
Town Board
March 20, 2024
4. Consideration of 2024 Town & County Tax Warrant
Moved by Councilmember King, seconded by Councilmember Fiddelman, it was
RESOLVED that the Town Board hereby approves the 2024 Tax Warrant and
authorizes the Town Supervisor to execute the warrant.
See Attachment B.
Carried
5. Set a Public Hearing for the Leaf Blower Law on April 10, 2024
Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, it was
RESOLVED that the Town Board does hereby set the date for a Public Hearing
on the "Separation of the Rules regarding the Outdoor Operation of Power
Tools from the Rules regarding the Operation of Leaf Blowers, and the Phase-
out of Gasoline-Powered Leaf Blowers" Law for April 10, 2024.
Carried
REPORTS OF THE COUNCIL
Councilmember Nambiar
• Has now attended a few Planning Board meetings, where they are reviewing many
interesting opportunities.
• Attended a Land Use Training Session last week. It was great to hear from various
municipalities about their affordable housing and land use initiatives. The focus is
about creating more opportunities to live in the community.
Councilmember Fiddelman
• Attended the first Larchmont Library meeting of the year. Management and care is
spectacular. Suggested everyone visit the library and get a card. It's a tremendous
asset to the community.
• Tuesday, April 16, at 8 am at the Westchester Jewish Center, the Larchmont-
Mamaroneck Local Summit will host our local Superintendents speaking about
budgets for the upcoming school year.
Councilmember King
• Attended the Coastal Zone meeting this week, where they are reviewing an
application on Colonial.
• The Bunny Hop is on April 14th, check out the Recreation website.
Councilmember Nichinsky
• On 3/18, attended the Board of Architectural Review meeting where they were
considering signage applications from around Town.
• Sustainability Collaborative events in April:
O 4/13 Compost Giveaway at Maxwell Ave
O 4/14 Native Trees Symposium with Doug Tallamy at the Jay Heritage Center
O 4/20 Larchmont Farmer's Market outreach and Earth Day clean up on the
Leatherstocking Trail
0 4/21 tree walk around the Brook and through Sheldrake
O Earth Day Celebration at Constitution Park
Town Board
March 20, 2024
ADJOURNMENT
On motion of Councilmember King, seconded by Councilmember Nambiar, the
meeting was unanimously adjourned at 8:49 p.m.
Carried
REGULARLY SCHEDULED MEETING - April 10, 2024
Submitted by
Allison May, Town Clerk
Town Board
March 20, 2024
Attachment A
Town of Mamaroneck
From: Tracy Yogman -Town Comptroller uy
Re: Fire Claims
Date: March 20, 2024
The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the
Comptroller's Office for payment:
VENDOR DESCRIPTION Amount
Battteries for CO meters,sheets for-new member, Dewalt battery,
hearing protection&mounting hooks for Apparatus floor,chainsaw
Amazon.Com parts $ 827.38
Humidifier for Career Staff,wall mount box,scraper,zip ties,desk
Amazon.Com calendar,repairs to Notification Sys,ice rescue suit,thermostat 378.95
Repair of emergency repair the cooling system of the generator at
Cummins Sales&Service the Firehouse 3,602.52
Fire End Croker Smith&Warren badges(22) 740.00
On The Job Embroidery&Apparel Winter hats(12) 192.00
Optimum Cable Services 2/23-3/22/24 277.50
Town of Mam'k Fire Dept Food for Department Drill 2/20/24 468.44
Town of Mam'k Fire Dept Food for Department Drill 3/6/24 171.62
UniFirst Corporation Cleaning Supplies 3/1/24 534.24
Verizon TMFD 300M Fios Redundant Circuit 1/25/24 289.99
Verizon TMFD 300M Fios Redundant Circuit 2/25/24 289.99
Village Pizza&Pasta Food for Fast Drill 2/28/24 79.80
Waterway Twin Tier LLC NFPA Annual Aerial Testing 975.00
Total $ 8,827.43
•
Page 55 of 83
Town Board
March 20, 2024
Attachment B
STATE OF NEW YORK ]
COUNTY OF WESTCHESTER I SS:
TOWN OF MAMARONECK ]
THE PEOPLE OF THE STATE OF NEW YORK
To Tracy Yogman, Receiver of Taxes of the Town of Mamaroneck in said County:
You are hereby commanded pursuant to the provision of the Westchester County
Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant
to resolution of the Town Board of the Town of Mamaroneck adopted March 20,
2024, by authority of Chapter 313 of Laws of 1934,to receive and collect from the
several persons named in the Assessment/Tax Roll hereunto annexed by the
Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as
amended, for the neglect to pay the Judicial, County, Town and Town District
Taxes, relevies, charges for services, exemptions removed, water arrears and
system rounding adjustment after the levy thereof as follows:
Judicial and County Taxes - $39,979,925.00
Town and Town District Taxes - 31,887,970.00
Town Relevy - -0-
Charges for Services - -0-
Exemptions removed - -0-
Water arrears - 38,391.02
System Rounding Adjustment - .66
$71.906.286.68
And you are hereby directed to deposit to the credit of the Town of Mamaroneck
into the JP Morgan Chase Bank, all of such monies so collected by you by virtue
of this warrant.
And you are further commanded to make and file with the undersigned, the
Supervisor of the Town of Mamaroneck, as required by the Westchester County
Tax Law,Article 16,Chapter 852,Laws of 1948,as amended,the reports provided
for therein.
And you are further directed and commanded to proceed as directed and
authorized by said Westchester County Tax Law,Article 16, Chapter 852, Laws of
1948, as amended.
And in case any person named in said Assessment Roll shall neglect or refuse to
pay his taxes or penalties(after giving the notices and waiting the time as specified
in said Act)you are hereby authorized to collect the said taxes and penalties with
the costs and charges of such collections in the manner provided by the
Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as
amended, and for so doing this shall be your sufficient warrant.
Given under my hand and seal at the Town of Mamaroneck,Westchester County,
New York, on the 20th day of March 2024.
Jai a Elkind Eney, Supervisor