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Home My WebLink About2017_01_09 Town Board Meeting Packet Town of Mamaroneck Town Board Agenda Monday,January 9, 2017 THE TOWN BOARD WILL CONVENE-AT 5:00PM, IN CONFERENCE ROOM D TO DISCUSS 1. Update-2017 Property Reassessment Project 2. Review of 2017 Organizational Agenda 3. Review- Boards and Commissions 4. Review-Proposed Amendment to Tree Law 5. Review-Ban on Weapons on Town Property _6. New Business 8:00pm CALL TO ORDER-CONFERENCE ROOM C SUPERVISOR'S STATE OF THE TOWN MESSAGE CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1. Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. 2017 Organizational Agenda Matters 2. Set Public Hearing-Ban on Weapons on Town Property 3. Set Public Hearing- Parking Restriction-Thompson Place/Laurel Avenue 4. Set Public Hearing-Establish Accessible Parking Space-Copley Road 5. Authorization- Retainer Agreement-Counsel to Planning and Zoning Boards 6. Salary Authorization-Town Administrator's Office 7. Resolution-Westchester County Civil Service-Police Chief Exam 8. Resolution-Clean Water Infrastructure Program 9. Consideration of Certiorari APPROVAL OF MINUTES-December 7, 2016 December 21, 2016 REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETING-January 18, 2017 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810 TOWN BOARD MEETING-WORKSESSION AGENDA MONDAY,JANUARY 9, 2017-5:00PM MAMARONECK TOWN CENTER-CONFERENCE ROOM D 1. Update-2017 Property Reassessment Project (No Attachment-the Town Assessor will be at the work session to review the status of the project) 2. Review of 2017 Organizational Agenda (See Attachment) 3. Review-Boards and Commissions (See Attachment) 4. Review-Proposed Amendment to Tree Law (See Attachment) 5. Review-Ban on Weapons on Town Property Law (See Attachment) 6. New Business • r 4, •• a ., " ■41 ' 7.1 ; rj E 1_ • 111. . . _.—„. . 7--‘-- 7----' . \ - , 1.1 ;.: I I 2 11 ' 11 .,., .ID4,,tea -,".., OPTING .hirat ;EST PAD OPTION VS IN 4 P i TY ..,. ....:‘, . P A , . I, 1 ! I Al '• ' SPPTNI ' • . , , I i ! i 1 . . i — CONDOMINUMS VALUED AT THE 1, 1 , • ,::,, i . SALES APPROACH WOULD .. ,. .! I :ii • ADD APPROXIMATELY $200 ,p ; MILLION TO THE _ ASSESSMENT ROLL i --A 1 1 .! 1 , : 1 .! 1 1 1 I' N • ,.,4„,„,e',:t.%,, . — \ *WM* 1:_ :. OW,* t5:r HI 1 .. isr 1- '45jZ,Dze" , 1 ,, i : I -- Jo r"\--- ,. . .„ • ,. . : . . . ,... .„ . . .,. .. . ,.1,.. ,• Hl iR-1,7,, I IN RY FINDINGS S .' ••:',„1. • ' 1. ,H • . i:- C 0 NTINUF D 0 .:.„ : .:.; • ,,, , -. ., - THE AGGREGATE DIFFERNCE / BETWEEN THE TAX RATE .. „. .. : , .. :,,.1. . „-: . . IS APPROXIMATELY $0. 12 FOR „,..:,.... . .. ,.. THE APPROPRIATE TOWN/SCHOOL TAX :,-,.ip.,.-•:',. .j EXTENSIONS 1- 1 . , . „. ... . . . . , fi;,:4,2,04i:z.0 •.'i. ,,,'... 1 P.v:,,-4!,,,'„,,p.cc.;,,,,,'.,r f • 1 ''''.4,61. :*•,:; .,,,,. ':: , amm 4 r - � r .„, 1- .,a ...# _: 1,. !. TAX LIABILTY SCENARIOS . 1 . . :l 'i ,,,: . !, : [ . SCENARIO #1 SCENARIO #2 NON CONDOMINIUM PARCEL CONDOMINIUM PARCEL 13jf i ASSMT = $1,000,0000 1 i.: NON HOMESTEAD ASSMT = TAX LIABILTY W/O HOMESTEAD $425,000 1 i. _ =$13,500 HOMESTEAD ASSMT = $650,000 I TAX LIABILTY W/ HOMESTEAD } TAX LIABILTY W/O HOMESTEAD f: = $5,675 :E, . =$13,400 TAX LIABILTY W/ HOMESTEAD = s: i 3 Diff=$100 = $8,750 t I i. Diff= $3,100 -,7 ik F V k 1 yk'V ' i1 Ny t 1 1 1 1TE TOWN BOARD APPOINTMENTS&RESOLUTIONS ORGANIZATIONAL MEETING—JANUARY 9,2017 CIVIL OFFICERS On motion of ,seconded by , it was unanimously RESOLVED,that Jay Reynolds is hereby reappointed as Civil Officer of the Town of Mamaroneck to serve a term of office of one year,effective January 1,2017 and terminating on December 31,2017, and BE IT FURTHER RESOLVED,that Frank Cioffi is hereby reappointed as Civil Officer of the Town of Mamaroneck to serve a term of office of one year,effective January 1,2017 and terminating on December 31, 2017, and BE IT FURTHER, RESOLVED,that the foregoing appointments shall be effective immediately upon the appointees taking and subscribing the oath mandated by section 25 of the New York Town Law. TOWN BOARD MEETINGS On motion of ,seconded_by , it was unanimously RESOLVED,that the 2017 regular meetings of the Town Board be held at 740 W. Boston Post Road, Mamaroneck beginning at 5:00 PM on the following dates: January 9,and January 18 July TBD February 1 and February 15 August TBD March 1 and March 15 September 6 and September 20 April 5 and 19 October 4 and October 18 May 3 and 17 . November 1 and 15 June 7 and 21 December 6 and 20 AND, BE IT FURTHER RESOLVED,that said meetings, dates and places may be changed at the pleasure of the Board upon notice being given. OFFICIAL NEWSPAPERS On motion of ,seconded by ,it was unanimously RESOLVED,that The Journal News is hereby designated as the official newspaper of the Town of Mamaroneck for the purpose of publishing legal notices during 2017. DEPOSITORIES OF FUNDS: 2 On motion of ,seconded by , it was RESOLVED,that the following banks and trust companies are hereby designated as depositories for funds of the Town of Mamaroneck for the year 2017 to be: NYCLASS Investment Pool The Bank of New York Mellon JP Morgan Chase Bank, Mamaroneck Wells Fargo Bank NA, Mamaroneck Capital One Bank, Larchmont Sterling Bank,Mamaroneck BANK SIGNATURES On motion of ,seconded by ,it was RESOLVED,that all authority heretofore granted to withdraw funds from and to draw checks,drafts and other orders upon the Town of Mamaroneck accounts maintained at the aforesaid banks hereby is rescinded and revoked and hereafter such withdrawals, checks,drafts and other orders shall be authorized by signatures or facsimile signatures of the Town Supervisor or Deputy Supervisor and Comptroller or Deputy Comptroller and Deputy Receiver of Taxes;and BE IT FURTHER RESOLVED,that all withdrawals,checks,drafts and other orders relative to the Community Services Discretionary Fund located at JP Morgan Chase Bank shall be authorized by the signatures of Anna Danoy,Director of Community Services and Public Housing,and Stephen V.Altieri,Town Administrator,and BE IT, FURTHER RESOLVED,that all withdrawals,checks,drafts and other orders relative to the Town of Mamaroneck PHA accounts at JP Morgan Chase and the Town of Mamaroneck PHA account at Sterling Bank,shall be authorized by the signatures of Anna Danoy,Director of Community Services and Public Housing,Anthony Siligato,Town Comptroller,Martha Ronaghan-Mark, Deputy Comptroller,and Nancy Seligson,Town Supervisor. ci WORKSESSION 1TE 3 7 ,TOWN OF MAMARONECK ROSTER As of January 1,2016 BOARDS, COMMITTEES AND COMMISSIONS BOARD, COMMITTEE OR COMMISSION Member TERM EXPIRES ACTIONS NOTES BOARD OF ARCHITECTURAL-5 Members-2 Alternates- 3 yr term, Liaison-A. Katz Donald Meeker A 12/31/18 Ed Jacobson-Chair B 12/31/18 Ken Ricci C 12/31/16 Joseph Shein D 12/31/16 Diane Neff E 12/31/17 BOARD OF ASSESSMENT REVIEW 5 Members 2 Alt- 5'years Liaison-A. Katz Cary Sleeper A 09/30/18 Leonard Verrastro B 09/30/19 Kathleen Spadaro C 09/30/20 Eve Neuman D 09/30/16 VACANT E 09/30/17 VACANT ALT 1 09/30/17 VACANT ALT 2 09/30/12 COASTAL ZONE-5 Members from each Municipality,3 year terms Liaison-A. Katz Tara Anderson 08/30/16 Howard McMichael 08/31/18 Matthew Teitsch 08/31/18 Alan Mason 08/31/18 VACANT 08/31/17 BOARD OF ETHICS-5 members,3 yr terms Liaison-T. Murphy Robert Degen A 12/31/18 Grace D'Alessio B 12/31/18 Ted Hecht C 12/31/16 Martin Ronan Chair 12/31/16 Martin Ronan D 12/31/16 Carol Scharff E 12/31/17 HOUSING AUTHORITY-5 members,5 yr terms Liaison-J Elkind Eney Robert Kirby A 12/31/18 (Chair apptd by Authority) Richard Cherry B 12/31/19 Sal lacono C 12/31/20 Caroline Silverstone D 12/31/16 Page 1 TOWN OF MAMARONECK ROSTER As of January 1,2016 BOARDS,COMMITTEES AND COMMISSIONS Dolores Battalia E 12/31/17 LIBRARY BOARD OF TRUSTEES-3 Members from each Municipality-5 years Liaison-E.Odierna Maureen LeBlanc 05/31/18 Linnet Tse 05/31/21 Jen Connley 05/31/20 PLANNING BOARD-7 members,7 yr terms Liaison-J. Elkind-Eney Ralph Engel Chair 12/31/16 Ellen Dunkin Vice Chair 12/31/16 Eileen Weingarten. A 12/31/17 Donald Kravet B 12/31/17 Ralph Engel C 12/31/17 Elizabeth Cooney D 12/31/18 Ed Papazian E 12/31/18 George Roniger F 12/31/18 Ira Block G 12/31/19 VACANT ALT.A 12/31/19 Ron Mandel ALT. B 12/31/19 RECREATION COMMISSION 7 Members,2 Alternates-7 years Liaison-J. Elkind-Eney Robert Morello A 12/31/17 James Druker B 12/31/17 Susan Sigel C 12/31/17 William Paonessa D 12/31/18 Rita Plansky E 12/31/18 Terry Rainaldi F 12/31/18 Nathalie Orans G 12/31/19 SUSTAINABILITY COLLABORATIVE 10 Members-3 years Liaison-N.Seligson Mitch Green Chair 12/31/16 VACANT A VACANT B Frank Owens C 12/31/18 Elizabeth Radow D 12/31/16 Michele Lewis E 12/31/16 Stephen Moser F 12/31/16 Page 2 nTOWN OF MAMARONECK ROSTER As of January 1,2016 BOARDS,COMMITTEES AND COMMISSIONS George Roniger G 12/31/17 Marc Karell H 12/31/17 Tony Gelber I 12/31/17 Mitch Green J 12/31/17 TRAFFIC COMMITTEE-7 members,3 year terms Liaison-A. Katz Robert Herbst A 12/31/2018 Donald Sutherland B 12/31/18 Linnet Tse C 12/31/16 Doris Block D 12/31/16 Doris Block-Chair Chair 12/31/16 Stephen Bartell E 12/31/17 Camille Odierna F 12/31/17 Kimberly Larsen G 12/31/17 ZONING BOARD OF APPEALS -5 members-5 yr terms Liaison E.Odierna Jonathan Sacks A 12/31/18 Jeff King B 12/31/18 Irene O'Neil C 12/31/19 Arthur Wexler Chair 12/31/16 Arthur Wexler D 12/31/19 Evans Simpson E 12/31/20 Steve Marsh ALT.A 12/31/20 VACANT ALT. B 12/31/15 LMC-TV BOARD OF CONTROL Richard Slingerland Administrator Tont Siligato Secr/Treas. Mayor Norm Rosenblum VOM Mayor Anne McAndrews VOL Councilman Ernie Odierna TOM Page 3 TOWN OF MAMARONECK ROSTER As of January 1, 2016 BOARDS, COMMITTEES AND COMMISSIONS Page 4 :v;,10`itros.41;‘, z • 1TEA U . . , k n' Town of Mamaroneck W d.. ,1!' m County of Westchester r o u x o E o ,6 s,. 740 West Boston Post Road, Mamaroneck, NY 10543-3353 •COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakedr@TownofMamaroneckNY.org MEMORANDUM To: Stephen V. Altieri, Town Administrator Christina Battalia, Town Clerk From: William Maker, Jr.,Attorney for the Town Subject: Local law amending the Tree Law Date: January 6, 2017 . I attach a proposed law which, if enacted, will amend the current Tree Law(a)to give the Environmental Planner the functions and power of the Tree Preservation Commission, and (b)to make the Board of Appeals the body that hears appeals. The proposed law also changes the time lines for filing appeals. Because of the quantity of word changes wrought by this proposed law, I attach a copy of the existing Tree Law on which I have bracketed the places where there merely will be word substitutions. I also noted on that copy the places where more significant amendments appear. If the Town Board considers the proposal ready for a public hearing, it can set the date for such a hearing at one of its upcoming meetings. 0,- Y toPrinted on Recycled Paper Local Law No. -2017 This local law shall be known as the "Assignment of Certain Duties to the Environmental Planner and Amendment of Appellate Procedure" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: The Town Board finds that the procedure under Chapter 207 of the Town Code regarding tree removal should be revised to make the procedure more efficient and to assign tasks to Town personnel who are better suited to administer that procedure. The functions currently assigned to the Tree Preservation Commission can be performed by the Environmental Planner, thereby streamlining the process for applying for tree removal. Appeals from decision and determinations regarding tree removal can and should be handled by the Board of Appeals, which is the board within the Town that has been established to handle appeals of administrative decisions. Section 2—Amendment of a current section of the Mamaroneck Code: Section 207-1 of the Code of the Town of Mamaroneck hereby is amended by designating the current paragraph as paragraph "A" and adding the following paragraph B.: B. "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. Section 3—Amendment of current sections of the Mamaroneck Code: A. Sections 207-2 A., 207-2 B., 207-3, 207-4 A. (2) and (4), 207-4 B., 207-C., 207-6 A., 207-6 B., 207-6 C., 207-6 D., 207-E., 207-6 F., 207-6 G., 207-6 J., 207-7 A., 207-7 C., 207-7 D., 207-8 of the Code of the Town of Mamaroneck are amended to substitute the words "Environmental Planner" for the words "Tree Preservation Commission" each time that the words "Tree Preservation Commission" appear in those sections. B. Sections 207-4 A. (5), 207-6 B., and 207-7 B. of the Code of the Town of Mamaroneck are amended to substitute the words "Environmental Planner" for the words "Tree Commission" each time that the words "Tree Commission" appear in those sections. C. Section 207-6 D. of the Code of the Town of Mamaroneck is amended to substitute the words "Environmental Planner" for the word "Commission" where it appears in that section unmodified by the words "Tree Preservation". • D. The title of Section 207-3 of the Code of the Town of Mamaroneck is amended by substituting the words Environmental Planner" for the words "Tree Preservation Commission" in that title. E. The title of Section 207-5 of the Code of the Town of Mamaroneck is amended by deleting the word "Commission" and capitalizing the word "Qualifications". Section 4—Amendment of a current section of the Mamaroneck Code: Section 207-5 of the Code of the Town of Mamaroneck is repealed and the following is substituted in its place: Starting in 2018, at least once every five years, the Environmental Planner shall take a course, at the Town's expense, from an organization whose educational purposes include 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 the year of that person's appointment and thereafter shall take such course at least once every five years. Section 5—Amendment of a current section of the Mamaroneck Code: Section 207-6 H. of the Code of the Town of Mamaroneck is repealed and the following is substituted in its place: H. 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 Environmental Planner no later than the fourteenth day after the notice of a decision or determination was mailed to the appellant. The Environmental.Planner's decision and determination shall be stayed 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. Section 6—Amendment of a current section of the Mamaroneck Code: Section 207-6 I. of the Code of the Town of Mamaroneck is repealed and the following is substituted in its place: 2 The appellant, if aggrieved by a decision of the Board of Appeals, may apply 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 thirty days after the decision of the Board of Appeals is filed with the Environmental Planner. Section 7—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 8—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. January 6,2017 3 Town of Mamaroneck,NY Trees: § 207-5 Commission qualifications for issuance of per... Page 1 of 5 Chapter 207: Trees [HIST RY:Adopted by the Town Board of the Town of Mamaroneck 7-17-1985 by L.L. No. 10-1985 (Ch. 76A of 1975 Code).Amendments noted where applicable.] GENERAL REFERENCES Boards and commissions—See Ch.5. COservation areas—See Ch.77. Ertl 'ironmental quality review—See Ch.92. Fib prevention and building construction—See Ch.106. Flekl damage prevention—See Ch.110. Freshwater wetlands—See Ch.114. Si fg plan review—See Ch.177. Sidivision of land—See Ch. 190. Zoning—See Ch.240. §207-1 Findings; purpose. 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. § 207-2 Cutting or destruction of trees restricted; exceptions. 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 six inches in diameter at a height of four feet measured from the ground on any private property unless he is in the possession of a permit to do so issued by theEree Preservation Commission pursuant to§207-4. Permits issued for any other purpose by the Town shall not be valid for this purpose.A lot o 20,000 square feet or less substantially developed with improvements and a structure or structures situated thereon shall be exempt from this section. [Amended 7-17-1996 by L.L. No. 14-1996] 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. The Planning Board 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 a property owner,subsequent to the filing of a final plat or site plan,shall require the removal of any trees which deviates from the plans approved by the Planning Board,application must be made to the free Preservation Commissio]and all the requirements of this chapter shall be applicable. § 207-3 Additional duties of ree Preservation Commission) [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] http://ecode360.com/9160531 1/6/2017 Town of Mamaroneck, NY Trees: § 207-5 Commission qualifications for issuance of per... rage 2 of In addition to its other duties as provided for in this chapter,the[Tree Preservation Commissiooi 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. §207-4 Criteria for removal of trees. [Amended 5-18-2005 by L.L. No. 8-2005] A. Permits for the removal of trees may be granted under the following circumstances: (1) If the presence of trees would cause hardship or endanger the public or the person or property of the owner. (2) On property to be occupied by buildings or structures, within a distance of io feet around the perimeter of such building or structure, depending upon tree species and conditions to be determined by the Tree Preservation Commission (3) If the trees substantially interfere with a permitted use of the property,and the removal of the trees shall be performed in a selective manner. v....(4) If the property shall have an approved cut or fill of land deemed by theree Preservation Commissio\to be injurious or dangerous to the trees. (5) Where the trees to be removed are`dead or so substantially diseased that, in the opinion of the Tree Commission the tree constitutes a potential danger. B. Notwithstanding Subsection A of this section, if theEree Preservation CommissioJdetermines that a tree is hazardous to life or property,it may grant a permit for the immediate removal of such tree without having to follow the procedures or requirements set forth in Subsections A,B,C,F and.G of§207-6 of the Code or§207-10 of the Code. C. The determination of thet:ree Preservation Commissioahall be final and shall depend upon the species of the tree, the degree of injury and the likelihood of the survival of the tree 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§2o7-6H: §207-5[Commission qualifications for issuance of permits. [Amended 5-18-2005 by L.L. No. 8-2005] Each member of the Tree Preservation Commission is encouraged to take a course, at the Town's expense, from an organization whose educational purposes include dendrology (the study of trees). Such source shall include an introduction in determining the health of trees. No permit to remove a tree may be granted unless one of the members of the Tree Preservation Commission voting on an application for a permit has taken such a course within the five years immediately preceding the date of the vote on that application. This section shall apply only to applications for permits that are submitted after June 3o,2006. §207-6 Tree removal permit procedure; bond. A. All a-pplications for permits hereunder shall be made in writing and verified under oath upon forms prescribed by the Tree Preservation Commissionjand approved by the Town Board of the Town of Mamaroneck.The fee for each application is as set forth in§A25o-1 and is payable upon submission of the application. [Amended 8-17-2011 by L.L. No.8-2011] B. The applicant shall submit plans showing existing and proposed contours at two-foot intervals on a map or plan,at a scale no smaller than one inch equaling 5o feet. Where trees are to be removed or destroyed, existing trees, specifying types and sizes,shall be shown and the reasons for removing or destroying said trees shall be set forth. The plans shall provide for new trees to be planted and shall specify their location and type to replace the existing http://ecode360.com/9160531 1/6/2017 Town of Mamaroneck,NY Trees: § 207-5 Commission qualifications for issuance of per... Page 3 of 5 . trees in kind. When the existing trees are so large and mature that they cannot be replaced,theETree Preservation Commissioomay require planting of multiple trees instead. On substantially wooded lots (lots containing 3o or more trees per acre meeting the requirements of §zo7-2A), the Tree Commissiooshall have the discretion of waiving the requirement of replacement of each tree in kind or payment of a fee. [Amended 2-6-1991 by L.L. No. 1-1991] C. TheFTree Preservation Commission may require additional information such as the design of walls, disposition and design of storm drainage and any other information pertinent to the individual circumstances. D. Where extensive tree cutting is planned,the[ Preservation Commissio3may require the applicant to pay for an Inspector to be assigned by the[ommissiori to supervise the orderly development of the land and ensure the protection of the trees. E. The Eree Preservation Commissiorshall 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 go%of the planting and restoration work to be completed in accordance with the plans accompanying the application. 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 restoration and protection costs and shall be in accordance with each set of individual circumstances. Upon completion of all planting and restoration work to the satisfaction of the Lree Preservation Commission, the performance bond shall be canceled and replaced with a maintenance bond to be approved by the Counse o 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. F. The free Preservation Commission, within zo days from the date the application is submitted in final form, shall approve or disapprove the application for permit. No trees shall be cut pursuant to a validly issued permit for a period of io days from the date of the issuance of said permit.The failure to act upon the application for ermit within said 20 days shall be deemed a granting of automatic approval by the Eree Preservation Commission of the application for permit. G. All decisions or determinations made by thefrree Preservation Commissiooapproving applications pursuant to this chapter shall be sent to property owners within a two-hundred-fifty-foot radius of the area in question and to the Planning Board. A -MENbi-D H. Any person,firm,organization or corporation aggrieved,affected or interested in the determination or decision of the Tree Preservation Commission shall have the right, within io days from receipt of the decision of the Tree Preservation Commission, to appeal to the Town Board, which shall review the decision. Any decision or determination of the Tree Preservation Commission which is appealed to the Town Board shall be stayed pending review by the Town Board. I. Any decision or determination of the Commission sustained, revoked or modified by the Town Board may be appealed by any person,firm,organization or corporation aggrieved,affected or interested in the determination or decision of the Town Board by application to the Supreme Court of the State of New York within 3o days of filing of such decision with the Town Clerk. ".--- J. Theree Preservation Commissio3may revoke any permit if the work is not proceeding according to permit. K. If an applicant is required to obtain a building permit for construction on the applicant's property and if the proposed construction calls for trees on the applicant's property to be cut down and if the applicant satisfies the criteria for a permit to remove certain trees 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. [Added 9-5-2007 by L.L. No. 9-2007] §207-7 Tree removal; restoration. A. http://ecode360.com/9160531 1/6/2017 Town of Mamaroneck,NY Trees: § 207-5 Commission qualifications for issuance of per... ?age 4 of I.. w 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 Tree Preservation CommissiooAny tree damaged during construction or development of the prope shall be either. replaced in kind or,where existing trees are so large and mature that they cannot be replaced,the Tree Preservation Commission may require the planting of multiple trees instead. Minor tree damage shall be repaired in accordance with accep tree surgery practice. B. Tree stumps shall be removed, not cut flush. After the 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 gree Commissioon 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] C. All trees which fail to survive for a period of two calendar years following planting 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 6o days following written demand for such replacement from the Tree Preservation Commissioror 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 fffee Preservation Commission shall have the right to declare the maintenance bond in default and apply the escrow cash deposit and the proceeds of the bond to replace the required trees. D. All tree planting,tree dressing and associated restoration work must be substantially completecj,,Within six months from the date of issuance of the permit except that the permit may be extended by the(Tree Preservation Commission, which shall have the sole discretion to grant such an extension. Under all circumstances, the performance bond obtained by the permit holder shall ontinue in full force and effect until there has been full compliance and approval of all restoration work by the tree Preservation Commission. In the event that planting and restoration work has of been substantially completed within six months and no permit extension has been applied for or granted,the[Iree Preservation Commission shall have the right to consider the site abandoned and declare the performance 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 for such restoration purposes. §207-8 Certificate of occupancy. [Amended 10-16-2002 by L.L. No. 10-2002] No certificate of occupancy shall be issued by the Director of Building Code Enforcement and Land Use Administra ion until all tree planting,tree dressing and associated restoration work shall be completed to the satisfaction of theree Preservation Commissiooexcept that,where a certificate of occupancy is applied for between October 31 and April i,the permit holder shall submit an agreement,in writing,to the T wn signed by the permit holder to ensure compliance with all planting and restoration work to the satisfaction of the(ree Preservation Commission on or before the first day of May next following the making of the agreement.The escrow cash deposit and the bond obtained by the permit holder shall continue in full force and effect until the planting and restoration work has been completed. Should the permit holder fail to complete the restoration work on or before May i next following the execution of the agreement,theEree Preservation Commissio,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. §207-9 Enforcement. [Amended 10-16-2002 by L.L. No. 10-2002] The Director of Building Code Enforcement and Land Use Administration of the Town of Mamaroneck shall enforce this chapter. http://ecode360.com/9160531 1/6/2017 I own o1 Mamaroneck, N Y Trees: § 207-5 Commission qualifications for issuance of per... Page 5 of 5 §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 cut down, kill or otherwise destroy more than five trees, each exceeding six inches in diameter at a height of four feet measured from the ground, within an area of 2,50o square feet, or any single tree exceeding 18 inches in diameter at a height of four feet measured from the ground on Town property, 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 that shall be removed and a sketch plan, if appropriate and required, together with the reasons for the removal of said tree or trees. (2) Upon filing said statement with the Town Board,notification shall be sent to owners of record of land within a radius of 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. (3) 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 or individuals for work to be performed on town-owned land, excluding Town highways,shall contain a provision that there shall be complete compliance with §207-ioA of this chapter. §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 not exceed$i,000. [Amended 7-17-1996 by L.L. No. 14-1996] B. 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$ioo each and every day that the violation continues, for each and every tree. In addition thereto,the violator will be required to replace each and every tree so taken down in accordance with§207-7. http://ecode360.com/9160531 1/6/2017 ) ;• . . WORKSESSL r •A . I T 5 O -9 v ':,o Town of Mamaroneck County of Westchester 740 West Boston Post Road, Mamaroneck, NY 10543-3353 • FOUNDED1661. COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakerk@TownofMamaroneckNY.org MEMORANDUM To: Stephen V. Alfieri, Town Administrator Christina Battalia, Town Clerk cc: Richard Rivera, Police Chief From: William Maker, Jr.,Attorney for the Town Subject: Local law regarding firearms on Town property Date: January 6, 2017 Chief Rivera reviewed the proposed local law that would regulate possession of firearms and knives on Town-owned or leased property. His primary observation was that the knives listed in the proposed law cannot be possessed legally. Under the Penal Law a person could be prosecuted for possession of such items wherever they are.. Hence there is no need for special local legislation to prevent these items from being brought onto Town-owned or leased property. His second point was that retired law enforcement officers who are eligible to carry firearms should be added to the list of persons exempt from the law. If the Town Board considers the proposal ready for a public hearing, it can set the date for such a hearing at one of its upcoming meetings. Ili ti Printed on Recycled Paper Local Law No. -2017 This local law shall be known as the "Outlawing Firearms and Certain Knko° on or in Town-owned or Town-leased Property or Buildings" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: The Town Board is aware of the sad reality currently plaguing our country of shootings, often fatal, of innocent persons. While the Town Board recognizes that it cannot solve this problem, it also recognizes that there is no need for persons, other than specific officers and personnel, to carry firearms on, or in Town-owned or Town-leased property or buildings. This law makes it illegal for persons, other than those permitted to do so by this law, to bring firearms onto such property. Section 2—Creation of a new article in a current chapter of the Mamaroneck Code: Chapter 100 of the Code of the Town of Mamaroneck hereby is amended to add the following article to it: Chapter 100 Firearms Article Ill— I Prohibition of Firearms on or in Town-owned or Town-leased Property § 100-7. Definitions For the purpose of this article,the following terms have these meanings: "Exempt person" means (a) police officers as that term is defined in subdivision thirty-four of section 1.20 of the NY Criminal Procedure Law, (b) peace officers as that term is defined in section 2.10 of the NY Criminal Procedure Law, (c) individuals in the military service of the State of New York or the United States, and (d) persons in the service of the United States who, whether in pursuit of their official duty, or when authorized by federal law, regulation or order are authorized to possess an item defined in this section- _ 44(e) qualified retired New York or federal law enforcement officers as that term is defined in paragraph 25 of section 265.00 of the NY Penal Law. "Firearm" means an instrument meeting the description contained in any one of the following paragraphs of section 265.00 of the NY Penal Law: (1): Machine-gun (3): Firearm (11): Rifle (12): Shotgun (15-a): Electronic dart gun (15-c): Electronic stun gun (20): Disguised gun (21): Semiautomatic (22): Assault weapon. .. . . (1 Swiitchblade knife (5): Gravity knife (5-a)Pilum ballk tie-knife (5 b): Metal ckle kn re {5 c): Automatic knife {13): Cane sword (11): Chuka stick {15 b): Kung Fu star. "Real property" includes the buildings and other improvements erected thereon. "Town-leased property" means any real property that the Town of Mamaroneck or any of its departments or authorities leases from another party whether such lease is oral or in writing. "Town-owned property" means any real property the title to which is vested in the Town of Mamaroneck or any of its departments or authorities. § 100-8. References to state statutes. The provisions of the state statutes incorporated by reference into this article mean those provisions as they currently exist or as they may exist at the time a violation of this article occurs, or any statute that replaces any of those statutes may exist at the time a violation of this article occurs. § 100-9. Illegal possession It shall be illegal for any person, other than an exempt person, to possess a firearm er-an-illegal knife when on town-leased property or town-owned property. Notwithstanding the preceding 2 sentence, a tenant of the Hommocks Park apartments who is allowed by law to possess an item defined in this section shall not violate this law if that tenant possesses such item while on the grounds of the Hommocks Park apartments. § 100-10. Penalty A person who violates this article shall be charged with a violation and if convicted shall be punished by a fine of not less than five hundred and no/ths ($500.00) dollars and not more than one thousand and no/ths ($1,000.00) dollars. Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. January 6,2017 3 r.,-,0;.■,.,,,,,,s4' ■ (......,....___......, , . .. .; .. '• . , 10.. ,.,! ',.. - • .. .1 .$ .. • • •1 '. ' t • ta . .. , ... • ., . 1 ' A'' v . . l' E ,. ...'.- ,' , 6 . . , . . . . . . . .. . ... (........_:, c , .._. • . . . . . . . . . .. .. . . . . . • . . . . . . . . . . . . . . . . . . . . . . , ,• .. .. . . . .,, . . - . „ . ..t & A - .t. , . . . ,,, ,,.., •, . • . I .„ • , , . TT .. . . . . .., . • 1 '? „ • ‘;,.! . _ / •• . /. • • ./ / 11.1 .!.• ••, ....__, ., _( \. •..-..__." • • / . , • . : .• F - r • . i.• . • f 1 TOWN OF MAMARONECK FIRE DEPARTMENT OFFICEOF THE CHIEF ci � Headquarters C205 WEAVER STREET LARCH MONT,NEW YORK 10538 it WEAVER 834-2100 EMERGENCY /14 834-2101-NON EMERGENCY _ �� 834-2438101CHIEFS OFFICE STREET 834-0922-FAX 1042.001,\) WWW TMFD ORG To: Board of Fire Commissioners From: Chief Paul Tortorella Date: January 2, 2017 Re: Fire Report for the Month of December 2016 The following report outlines response to calls made during the month of December 2016. It summarizes the nature, the number of personnel responding and the total time spent. I have also attached a report showing a further breakdown of these alarms. Alarm Type Number Generals 38 Minors 15 Stills 1 Out of Town(Mutual Aid) 4 EMS 48 Drills 8 TOTAL 1 14 Total number of personnel responding: 785 Total time working: 52 hours and 14 minutes Respectfully Submitted, / V Chief Paul Tortorella Incident Type Count Report Date Ranee: From 12/1/2016 To 12/31/2016 Selected Station(s): All Incident Tvne Description Count Station: EMS 300-Rescue,emergency medical call(EMS)call,other 4 3.77% 311 -Medical assist,assist EMS crew 1 0.94% 321 -EMS call,excluding vehicle accident with injury 42 39.62% 321F-EMS call,excluding vehicle accident with injury 1 0.94% Total-Rescue& Emergency Medical Service Incidents 48 100.00% Total for Station 48 45.28% Station: HO 114-Chimney or flue fire,confined to chimney or flue 1 0.94% 131 -Passenger vehicle fire 1 0.94% Total-Fires 2 3.57% 212-Overpressure rupture of steam boiler 1 0.94% Total-Overpressure Rupture,Explosion,Overheat- no fire 1 1.79% 322F-Vehicle accident with injuries 4 3.77% 331F-Lock-in(if lock out,use 511 ) I 0.94% 352F-Extrication of victim(s)from vehicle I 0.94% 353F-Removal of victim(s)from stalled elevator 3 2.83% Total-Rescue&Emergency Medical Service Incidents 9 16.07% 412-Gas leak(natural gas or LPG) 2 1.89% 440-Electrical wiring/equipment problem,other 2 1.89% Total-Hazardous Conditions(No fire) 4 7.14% 510-Person in distress,other I 0.94% 511 -Lock-out 2 1.89% 522-Water or steam leak I 0.94% 531 -Smoke or odor removal 7 6.60% 571 -Cover assignment,standby,moveup I 0.94% Total-Service Call 12 21.43% 611 -Dispatched&cancelled en route I 0.94% 622-No incident found on arrival at dispatch address 1 0.94% 651 -Smoke scare,odor of smoke I 0.94% Total-Good Intent Call 3 5.36% 700-False alarm or false call,other I 0.94% 735-Alarm system sounded due to malfunction 2 1.89% 736-CO detector activation due to malfunction 1 0.94% 743-Smoke detector activation,no fire-unintentional 3 2.83% 744-Detector activation,no fire-unintentional 3 2.83% 745-Alarm system sounded,no fire-unintentional 13 12.26% 746-Carbon monoxide detector activation,no CO 2 1.89% Total-Fals Alarm& False Call 25 44.64% Total for Station 56 52.83% Station: STIL Page I of 2 Printed 01/02/2017 18:25:44 Incident Type Description Count Station; STIL-(Continued) 611 - Dispatched& cancelled en route 2 1.89°0 Total-Good Intent Call 2 100.00% Total for Station 2 1.89% 106 100.00% Page 2 of 2 Printed 01/02/2017 18:25:54 . ; • ;r . . AF• • . o. • • ,,C4 !.; Documents under Work Session 2 I • IT . 2 ��1 Documents under Work Session 5 . . .(----, . . r . . 4 ' li„ . . ' 4._ ' 1 .• • . ...• :1 ' •[..1,1 1 './•: 4: .. ,. . I..'• . .•. `• . ' S. .• , T 0 \A/ . • .. . . . . „ . . ., .. .,. . •. . . . „. . . . . • , . a 3 ..f , O 9 It Z Town of Mamaroneck m w Town Center 7' 740 West Boston Post Road,Mamaroneck,NY 10543-3353 • FOUNDED1661• OFFICE OF THE TOWN ADMINISTRATOR TEL: 914/381-7810 FAX: 914/381-7809 townadministrator@townofmamaroneck.org Memorandum To: Supervisor and Town Board Re: Set Public Hearings-1)Parking Restrictions-Thompson Road &Laurel Ave. 2) Establish Accessible Parking Space-Copley Road Date:January 6, 2017 Previously the Town Board reviewed the Traffic Committee recommendations as listed above and authorized the preparation of legislation for public hearings. Attached, are the local laws prepared by Counsel. If the Town Board wishes to set the hearings for January 18, 2017 there is sufficient time for publication of the hearing notice. Also, copies of the hearing notice will be sent to residents impacted by the legislation. / .- 1."----. Stephen V. Altieri Town Administrator p WO" Printed on Recycled Paper Local Law No. -2017 This local law shall be known as the "Creation of an Accessible Parking Space on Copley Court"Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 —Purpose. The purpose of this local law is to create an accessible parking space on Copley Court. Section 2—Creation of an accessible parking space on Copley Court There shall be one (1) accessible parking space on the north side of Copley Court, located approximately one hundred (100) feet from the intersection of Copley Court and Alden Road. Section 3 —Signs to be erected and painting to be done An appropriate sign or signs shall be erected on the north side of Copley Court indicating the location of the accessible parking space. If deemed appropriate by the Superintendent of Highways, the accessible parking space also may be painted to indicate the accessible parking space. Section 4—Severability Should any court of competent jurisdiction declare any provision of this Local Law invalid or unconstitutional, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5—Effective Date This Local Law shall become effective on the date that it is filed in the office of the Secretary of State. December 30,2016 Local Law No. -2017 This local law shall be known as the "Restriction on Parking on Thompson Street and a Section of Laurel Avenue"Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —Purpose: Commuters continue to park on Thompson Street and Laurel Avenue to the detriment of the neighborhood. To relieve that intrusion upon the peace and tranquility of the residents, the Town Board has decided to prohibit parking for two hours per day (one hour in the morning and one hour in the afternoon) on weekdays on these streets. Section 2—Regulation of Parking on Thompson Street: (a) No motor vehicle shall be parked on the east side of Thompson Street between the hours of 10:00 AM and 11:00 AM (prevailing time) on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of each week. (b) No motor vehicle shall be parked on the west side of Thompson Street between the hours of 2:00 PM and 3:00 PM (prevailing time) on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of each week. Section 3 —Regulation of Parking on a Section of Laurel Avenue: (a) No motor vehicle shall be parked on the north side of Laurel Avenue from its commencement at Thompson Street to its dead end between the hours of 10:00 AM and 11:00 AM (prevailing time) on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of each week. (b) No motor vehicle shall be parked on the south side of Laurel Avenue from its commencement at Thompson Street to its dead end between the hours of 2:00 PM and 3:00 PM (prevailing time) on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of each week. Section 4—Holidays excluded: This law shall not apply on holidays. Section 5—Sign(s)to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surfaces of Thompson Street and Laurel Avenue indicating where and when parking is prohibited by this law. r Section 6—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 7—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. January 6,2017 2 9; 4 . •• -• .•-e T‘ k ' v ' 4 1 T • Documents under Affairs of the Town 3 •, .1, .-." ' ,- , ' - . , • 2 ,. 55 .2 - ,- • fip... ' '''' .'. . - • ' . , % ..? , , , . ..•.. •;.. , . "".•'°V. :1 -:-'',' '' .' . .". ' ' . t i V■ .'•;'.'.': ' J, .... • 1 , . ..... '...,., /.; .: '1.'''.- 4 ■• -',. '.... • •...:- ..„., , 1 T E . .. „ . .. ,..........„. Q 4 ?o q�i -, O 90 Z Town of Mamaroneck w m c) Town Center • F D U N D f D 1 6 6;• 740 West Boston Post Road,Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: 914/381-7810 FAX: 914/381-7809 townadministrator@townofinamaroneck.org Memorandum To: Supervisor and Town Board Re:Authorization-Retainer Agreement Counsel to Planning and Zoning Board Date:January 6, 2017 The Town was notified in November of 2016 that Kevin Ryan would be closing his legal practice December 31, 2016. His retainer agreement to provide legal counsel to the Planning and Zoning Boards was set to expire on the December 31, 2016. During the term of his retainer, Kevin Ryan's associate Lisa Hochman often attended either the Planning or Zoning Board meetings to serve as counsel to the Boards. Ms. Hochman expressed an interest in continuing her relationship with the Town in the capacity of counsel to the Planning and Zoning Boards. In view of the clear advantages of maintaining continuity within the Planning and Zoning Board's counsel, I have negotiated a proposed retainer agreement with Ms. Hochman which is attached. The terms of the retainer are essentially the same as the prior arrangement with Kevin Ryan: • The base retainer will remain at$60,000 per year. This was the base retainer over the last three years of the agreement with Kevin Ryan. The base retainer includes attendance at all Planning and Zoning Board meetings and at all staff peer review meetings held by the Building Department. • There is a provision for a stipend should the Planning or Zoning Boards hold additional meetings in a given month. • Should the Town retain Ms. Hochman for services not specifically covered by the retainer, the billing rate will be $250 per hour. There was unanimity amongst the staff and the chairs of both Boards that Ms. Hochman's work has been excellent and that she has been an asset to our land use review process. In my own dealings with Ms. Hochman I have also found her to be quite thorough in the understanding of our land use legislation. ACTION REQUESTED:THAT THE TOWN BOARD APPROVE THE RETAINER AGREEMENT WITH LISA HOCHMAN AS ATTACHED TO SERVE AS LEGAL COUNSEL TO THE PLANNING AND ZONING BOARDS AND FOR RELATED WORK WITH THE TOWN STAFF AND THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO EXECUTE SAID RETAINER. Stephen V.Altieri Town Administrator o iii Printed on Recycled Paper a ; January 1, 2017 Lisa Hochman, Esq. Lisa Hochman Law 61 Vine Road Larchmont,New York 10538 Re: Retainer Agreement Dear Ms. Hochman: This letter will serve as the retainer between the Town of Mamaroneck(the "Town") and Lisa Hochman Esq.,pursuant to which you will provide legal services, as more specifically set forth below,to the Town's Planning Board,Zoning Board of Appeals and related legal services to Town staff for the period of January 1, 2017 through December 31, 2018. You shall provide all general legal services to the Boards and staff. Representation shall be provided principally by you. Pursuant to this Retainer, you shall attend one meeting per month of each Board, and staff meetings as required for peer review and other assistance to the staff. Services shall include review of all agendas, notices, minutes and other documents for both Boards and staff. Upon request of the chair of either Board, you shall draft decisions,resolutions and opinions for each Board. In the event,the drafting services and any associated research should cause your time in a given month to exceed 15 hours, you will be compensated as set forth below. Should you not be able to provide services to the Town due to illness, vacation or otherwise,the Town shall arrange for substitute coverage. Representing the Boards in Article 78 proceedings or other litigation shall be outside the scope of the retainer and subject to compensation as set forth below. The annual retainer for the legal services described above effective January 1, 2017, shall be $60,000.00. This rate shall be subject to change at such time as the retainer is extended by mutual consent. The retainer shall be payable in equal installments at the end of each month upon submission of an executed claim form as supplied by the Town, supported by a statement indicating time spent on work under this retainer. If either Board meets more than once in a single month, the Town shall pay an additional fee of five hundred dollars ($500.00)per meeting. In the absence of an agreement to the contrary on particular matters, services not covered by this retainer shall be billed at the rate of$250.00 per hour. 5 Separately from and in addition to payment of the retainer fees as described herein,the Town will reimburse you for reasonable out-of-pocket expenses incurred in representing the Town, including photocopying, faxing, long distance telephone, computer research charges,travel outside of the Town of Mamaroneck, and the like in an amount not to exceed one thousand dollars ($1,000.00)per year. Payment for reasonable out of pocket expenses shall require the submission by you of a detail of the expenses. It is understood that you shall not practice or appear before any Court, Board or Commission of the Town or in the Villages of Larchmont or Mamaroneck, other than on behalf of the Town, or on behalf of yourself. hi accordance with Part 1400 of the Joint Jules of the Appellate Divisions,the Town reserves it right to submit any unresolved fee dispute to arbitration. Either party to this agreement may terminate it upon sixty(60) days written notice to the other. If these terms are satisfactory,please execute both copies of this agreement and return on to me. Very truly yours, Stephen V. Alfieri Town Administrator cc: Supervisor and Town Board Connie Green O'Donnell Anthony Siligato , ...„ _.1.,,),x; • q ms,-. • ,.,.i ., .,,,,,..:.,6 41.'1:,; ...''.,,. .. , . . . .. t. .. , e ., ,,, , - 4 -1 ■ . ' 5, V.1 ., . '-.i le t 't, _ IF' ..i. .. , .. , . .., ,.. .. . . .•„. . . , . . .... •. .. . . . . . .,. . , ., _.... .: , .., • ,:., , „re .. , ., IT E . . . . , . . . . , \ , C''..---/) .... . 9 F • t i 9 9° Town of Mamaroneck W m Town Center 740 West Boston Post Road,Mamaroneck,NY 10543-3353 • F O UU0 E01661 • OFFICE OF THE TOWN ADMINISTRATOR TEL: 914/381-7810 FAX: 914/381-7809 townadministrator@townofmamaroneck.org TO: Stephen Altieri, Town Administrator Nancy Seligson, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Assistant to the Town Administrator DATE: January 5, 2017 SUBJECT: Administrative Intern —Administrator's Office Authorization is requested to appoint Susan Guimaraes to the full-time position of Administrative Intern in the Town Administrator's Office. The effective date of the appointment would be January 30, 2017 and the annual salary would be $65,000. The funding for this position is reflected in the 2017 Town Budget. Ms. Guimaraes will receive the same benefits package afforded other non- union and management staff and will be required to contribute towards the cost of healthcare coverage. In an effort to consolidate benefits administration this position will assume job responsibilities that are currently being performed in the Comptroller's Office, as well as other duties that involve Civil Service administration, Workers' Compensation claims and compliance with federal and state regulations. In the mid 90's Ms. Guimaraes worked for the Town of Mamaroneck as the Secretary to the Town Administrator. More recently Ms. Guimaraes has held various positions at a Connecticut based mortgage company. Her responsibilities as the Executive Assistant to the General Counsel included government compliance, compiling information for annual reports, licensing, processing applications and staff training. In her current position Ms. Guimaraes serves as the Assistant to the Executive Director of a museum. In this position she is responsible for the human resources functions that include recruiting, employee benefits administration, employee communications, formulating employment policies, staff training and managing the internship program. Since an employee classified as an Administrative Intern can only hold that title for a period not to exceed one year, a new position will need to be created. A determination will be made as to the appropriate Civil Service position that would best meet the needs of the Administrator's Office. Once the position is approved by Civil Service, Ms. Guimaraes will be classified as a provisional employee in that title and will be required to take a test for that position. In order for her to be appointed to the position she will need to attain a score equal to or higher than the third highest ranking eligible on the list. ACTION REQUESTED: That the Town Board approve the appointment of Susan Guimaraes as the Administrative Intern effective January 30, 2017 at an annual salary of$65,000. I. %a Printed on Recycled Paper • - . • , A , , . F F A- 1 - 0 I1E ir 4 •• ' 7 • 4 4, 9 ° Town of Mamaroneck z w t` m Town Center F o u + E D 15 61 740 West Boston Post Road,Mamaroneck,NY 10543-3353 •OFFICE OF THE TOWN ADMINISTRATOR TEL: 914/381-7810 FAX: 914/381-7809 townadministrator@townofmamaroneck.org TO: Stephen Altieri, Town Administrator Nancy Seligson, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Assistant Town Administrator DATE: January 5, 2017 SUBJECT: Police Chief Civil Service Exam In March of 2017 Westchester County Department of Human Resources will be administering a Civil Service exam for the position of Police Chief. The current list that has two employees on it will be expiring in May 2017. If the Town does not participate in the upcoming exam, there would be no list from which to make an appointment in the event Police Chief Rivera were to retire within the next four years. As required by Civil Service law the Town Board will need to adopt a resolution stating that the Town will be participating in the Police Chief exam, as well as specify the promotional field for the exam. Chief Rivera is recommending the exam be open to only those employees who hold the title of Lieutenant. ACTION REQUESTED: That the Town Board adopt the following resolution; "The Town Board hereby notifies Westchester County Department of Human Resources that the Town of Mamaroneck will be participating in the Police Chief exam that will be held in March 2017. Only those employees who hold the title of Lieutenant and have a minimum of twelve (12) months of permanent status will be eligible to take the exam." f reti Printed on Recycled Paper 4i'" R Y,. , ,, F • -". ... . A F AI 'r, !?f a ... : . .,.. , ., 1 :. E ,..,:, ... , 8 . r .,. . . . .. , .., : ,. . .• .. .. . ( ,, • 1 Altieri, Stephen From: Seligson, Nancy Sent: Thursday,January 05, 2017 2:45 PM To: Altieri, Stephen Subject: Proposed Resolution for TB Attachments: Town Resolution-for-NYS-Clean-Water-Grant-Funding.docx Dear Steve: Attached please find a proposed resolution regarding clean water infrastructure funding as suggested by WMOA and revised by me for inclusion in the TB packet for the meeting on Monday January 9th. Please include the following introductory memo to it: TO: Town Board FROM: Nancy Seligson RE: Proposed Resolution supporting State funding for clean water infrastructure DATE: January 5, 2017 WMOA requested municipalities to consider adopting a resolution supporting continued and increased State funding for clean water infrastructure. Please see the following resolution for your consideration at the January 9th Town Board meeting. Thank you. Town of Mamaroneck Resolution for NYS Clean Water Grant Funding Whereas, US Environmental Protection Agency(EPA)Reports and NYS Environmental Facilities Corporation(EFC) documents estimate that Wastewater Infrastructure cost needs over the next twenty years are in excess of$30 billion in New York State; and Whereas,these USEPA Reports and NYS EFC documents further estimate that Drinking Water Facilities Infrastructure cost needs over the next twenty years are also in excess of$30 billion in New York State; and Whereas,the Construction Industry Council of Westchester and Hudson Valley and the Construction Advancement Institute of Westchester and Mid-Hudson Valley launched a Clean Water/Jobs Coalition campaign and released a report in October of 2016 entitled The Water Infrastructure GAP for New York State's Future: Clean Water Infrastructure Needs for Communities in Westchester County and the Hudson Valley which identified over$250 million in current clean water(wastewater and drinking water)infrastructure project needs and a billion dollars in total clean water infrastructure project needs over the next five years in the local communities of the Westchester/Hudson Valley Region; and Whereas, investments in clean water infrastructure projects protect water bodies,purify drinking water, enhance community quality of life, create thousands of jobs and enhance the local economy; and Whereas, local municipalities cannot take on this challenge alone and need clean water grants and low-interest financing to make these investments possible; and i Whereas, under the leadership of Governor Cuomo and the State Legislature the Water Infrastructure Improvement Act of 2015 allocated $425 million state-wide in clean water infrastructure grant funds to communities of which$250 million has been awarded and close to $35 million awarded to communities the Westchester and the Hudson Valley region; and Whereas,this Clean Water grant program will allocate its remaining$175 million in clean water grant funds state-wide in 2017 which will leave a zero balance in the account while many projects have not been funded and the needs remain in the billions of dollars; and Whereas, it is critical that the Water Infrastructure Improvement Act be reauthorized and new, increased funds be appropriated state-wide in the NYS 2017-2018 budget in order for communities in Westchester County and across the State of New York to meet their clean water infrastructure needs today and into the future; and Whereas,the Town of Mamaroneck has both wastewater and drinking water infrastructure cost needs in the millions of dollars over the next five years. Therefore, Be It Resolved that the Town of Mamaroneck joins the Clean Water/Jobs Coalition call for Governor Cuomo and the State Legislature to appropriate $800 million in the NYS 2017-2018 Budget for the Clean Water grant program state-wide and in doing so reauthorize the Water Infrastructure Improvement Act. Nancy Seligson Supervisor,Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 (914) 381-7805 supervisor @townofmamaroneckny.org 2