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2019_04_03 Town Board Meeting Packet
a= •FDURDED IMI • TOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, April 3, 2019 TOWN CENTER COURTROOM 5:00PM THE TOWN BOARD WILL CONVENE IN CONFERENCE ROOM ATO DISCUSS: Work Session Items 1. Discussion- Development Proposal BLD Diner Site 2. Discussion- DeLancey Burial Ground - Mamaroneck Historical Society 3. Discussion - Proposed Local Law- Parking Near Driveways 4. Discussion - Reusable Bag Law 5. Discussion- Coyote Control 6. Discussion- Local Law Regarding Fees for Experts 7. New Business 8. Request for Executive Session 8:00PM CALL TO ORDER— COURTROOM Supervisor's Report Citizen Comments Board of Fire Commissioners 1. Fire Claims 2. Other Fire Department Business Affairs of Town of Mamaroneck 1. Authorization- Transfer of Funds - Water District 2. Authorization - Southeast Consortium Service Agreement 3. Set Public Hearing - Parking Near Driveways 4. Set Public Hearing - Local Law- Fees for Experts 5. Consideration of Certiorari Report of Minutes Reports of the Council Town Clerk's Report Next Regularly Scheduled Meeting -April 24, 2019 Meeting Adjournment Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. :, � *'' s !,.,.4r. 4 a_ s b= • • t ; � f z Y� I .-i sy5: • • - ;ice -' t • / -4- . F L.-11 . \ . k •I Oat V6 i S. t <.t&' - SITE PLAN N.T.S. RICHARD F. HEIN ARCHITECTS P.C. PROPOSED MULTIFAMILY BUILDING 132 LARCHMONT AVE.LARCHMONT,NY 10538 2385/2399 BOSTON POST ROAD, LARCHMONT,NEW YORK, 10538 (914)834-1414 richard@rfhdesign.com 04 Town of Mamaroneck W m Town Center 740 West Boston Post Road.Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 saltieri@townofmamaroneckny.org www.townofmamaroneckny.org Memorandum To: Supervisor and Town Board Re: Update-Restoration of DeLancey Burial Grounds Date: February 1, 2019 Previously, I have informed the Board that the Mamaroneck Historical Society has been working on a proposed restoration of the DeLancey Burial Grounds on Palmer Avenue in the Village of Mamaroneck. The following is an update on the project as a result of my meeting with the Society last week. • Historical Society is currently conducting research of those buried at the site. • Historical Society is proposing to reconstruct the retaining wall that borders the burial grounds. The Town would provide scrap stone that is locate behind the old court house. Historical Society will provide the labor for the reconstruction of the wall. • Historical Society has received a proposal for the cleaning, photographing and restoration of the existing head stones (See Attached). The Society will be conducting a fund raiser to finance the work proposed but is asking if the Town would provide some funding for the project. One idea discussed was, if the Society was not able to raise the entire amount of the contract, that the Town would match the donations up to a maximum amount. I indicated to the Society that I would be updating the Board on February 6 to discuss the project. If necessary the Society would be willing to meet with the Board. Stephen V. Altieri Town Administrator CPruned on Recycled Papei k [iv c 41. 3 � 9 ° ° Town of Mamaroneck '4'3 -1 County of Westchester 740 West Boston Post Road, Mamaroneck, NY 10543-3353 j t COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 wmaker©townofmamaroneck.org MEMORANDUM To: Stephen V. Altieri, Town Administrator Christina Battalia, Town Clerk From: William Maker, Jr., Attorney for the Town Subject: Local law regarding parking near driveways Date: March 22, 2019 I attach a proposed law which, if enacted, will establish a prohibition against parking close to driveways. 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. t jt $i tit Printed on Recycled Paper Local Law No. -2019 This local law shall be known as the "Prohibition on Parking within Five Feet of a Driveway Entrance" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: As motor vehicles have become larger, it has become increasingly more difficult for drivers exiting their driveways from having a safe, adequate view of the street they are entering. The purpose of this law is to improve visibility for drivers of cars exiting from their driveways, Section 2-Prohibition of Parking within Five Feet of a Driveway Entrance: Section 219-18 of the Code of the Town of Mamaroneck hereby is amended to letter the existing section as subsection "A." and to add a new subsection B. to read as follows: B. No motor vehicle shall be parked in front of, or within five (5) feet of a public or private driveway. Section 3-Sign(s) to be Erected and Painting to be Done: An a.: opriate sign .r signs shah be erected o and/o above, and/._ -. iping s• • • .e painted on the sur . -- . 'almer Avenue inch •ting wre parking • prohibi -d by . . Section 4-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 5-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. March 22,2019 -q 604c .„ W s -�+T° Town of Mamaroneck County of Westchester I 740 West Boston Post Road, Mamaroneck, NY 10543-3353 . FOUNDED1661• COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 wmaker@townofmamaroneck.org MEMORANDUM To: Stephen V. Altieri, Town Administrator From: William Maker, Jr.,Attorney for the Town Subject: Reusable bag law Date: March 29, 2019 I attach a revised version of a local law designed to outlaw thin plastic carryout bags in most retail transactions and to encourage consumers to use reusable bags instead. The attachments include both a `redline' of the original February 7, 2019 draft and the March 29, 2019 rewrite. The definition of items that can be delivered in a plastic `garment bag' has been narrowed to prevent a store from delivering a single item, say a blouse, on a hanger covered in plastic. The definition of `special item bag' follows more closely the definition of `exempt bags' in the proposed state legislation. This change does not alter the Town Board's instruction but uses the format and the vocabulary that is becoming prevalent in these laws. I think this conformity will make it easier to compare laws from different places. I added a new section that is designed to allow this law to co-exist with state or federal legislation should there ever be such statutes. Similar language appears in the Suffolk County and Ulster County laws on plastic bags. Finally, I attach the Village of Pleasantville's local law (adopted last July). I found it easier to understand than some of the other local laws on the topic. It also may offer the Town Board members further ideas for a Town law. 111 Alf 41: ' Ilk tot Printed on Recycled Paper 1`, jDL,I Chapter 170 Carryout Bags §170-1. Title. This chapter shall be known as the "Carryout Bags Law of the Town of Mamaroneck." §170-2. Purpose. The purpose of this local law is to minimize the number of bags that consumers in the Town of Mamaroneck use only once to carry purchased merchandise and to encourage the use of reusable bags. The Town Board finds that single-use carryout bags (i. e. carryout bags that are not reusable bags) have negative impacts upon the environment, such as emission of greenhouse gases and increases in atmospheric acidification in their manufacture, proliferation of litter, pollution of the waters of the Town and the waters beyond the Town, contribution to the volume of solid waste to be collected and disposed of, interference with the function of storm water sewers and drains due to bags becoming lodged in outlets, endangerment of wildlife due to their consumption of indigestible items and by damage to their habitats, both terrestrial and marine. In addition, the manufacture, transportation, recycling and/or disposal of single-use bags require an unnecessary use of resources. The Town Board determines that a shift to reusable bags from single-use bags in most retail transactions will benefit the overall health, safety and welfare of the Town and the environment. The Town Board also finds that a fee for using single-use bags is essential if there is to be a transition from single-use bags to reusable bags because such a fee will encourage consumers to use reusable bags rather than single-use bags or recycled paper bags. Furthermore, the Town Board agrees with the Supreme Court of the State of Colorado which in Colo. Union of Taxpayers Found. v City of Aspen, 418 P.3d 506 (Colo. 2018) held that the imposition of a fee for using single- use bags is not a tax;but a fee designed to promote health, safety and welfare. §170-3. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: "Carryout bag" means the packaging used to transport items delivered by a merchant to a consumer at the point of sale. "Carryout bag cost pass-through" means the amount that a consumer must pay to a merchant that supplies the consumer with a recycled paper bag or a reusable bag at the point of sale. 2 Local Law No. -2019 This local law shall be known as the"Carryout Bags" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: The purpose of this local law is to minimize the number of bags that consumers in the Town of Mamaroneck use only once to carry purchased merchandise and to encourage the use of reusable bags. The Town Board finds that single-use carryout bags (i. e. carryout bags that are not reusable bags) have negative impacts upon the environment, such as emission of greenhouse gases and increases in atmospheric acidification in their manufacture, proliferation of litter, pollution of the waters of the Town and the waters beyond the Town, contribution to the volume of solid waste to be collected and disposed of, interference with the function of storm water sewers and drains due to bags becoming lodged in outlets, endangerment of wildlife due to their consumption of indigestible items and by damage to their habitats, both terrestrial and marine. In addition, the manufacture, transportation, recycling and/or disposal of single-use bags require an unnecessary use of resources. The Town Board determines that a shift to reusable bags from single-use bags in most retail transactions will benefit the overall health, safety and welfare of the Town and the environment. The Town Board also finds that a fee for using single-use bags is essential if there is to be a transition from single-use bags to reusable bags because such a fee will encourage consumers to use reusable bags rather than single-use bags or recycled paper bags. Furthermore, the Town Board agrees with the Supreme Court of the State of Colorado which in Colo. Union of Taxpayers Found. v City of Aspen, 418 P.3d 506 (Colo. 2018) held that the imposition of a fee for using single- use bags is not a tax;but a fee designed to promote health, safety and welfare. Section 2-Addition of a new chapter to the Mamaroneck Code: The Code of the Town of Mamaroneck hereby is amended by adding the following new chapter thereto: "Consumer" means a person who does not intend to resell items received from a merchant in a retail transaction. "Dry cleaners bag" means the packaging used to protect clothing from being soiled when it is returned to a customer by a dry cleaner. "Garment bag" means the packaging that covers- -: . . - : - . - : : - a coat, a dress, a jacket or a suit clothing that is placed on a hangar after being purchased by, or altered for a consumer and is intended to be used to transport thepurehased item by-a-san er—€rfrom the point of sale. "Merchant" means any person or any entity that engages in retail transactions, other than a delicatessen, a not-for-profit organization, a restaurant, or a vendor at a farmer's market. {MOBILE FOOD TRUCKS"'"} "Point of sale"means the place where a retail transaction concludes. "Special item bag" means the packaging without handles used by a consumer to transport (a) uncooked meat, fish or poultry, (b) items, such as bakery goods, candy, sues- we € ozen-feeds;fruits, ice cream, grains, mets, and nuts that are not prepackaged, (c) petted—plants, prepared foods that are sliced or prepared to order regardless of whether such food is consumed on-site or off-site, (d) flowers and potted plants , (e) cubed ice, (f) bags intended to be used for garbage, pet waste or yard waste that are sold in bulk from the point of sale. "Post-consumer materials" means items that cannot be used again for their initially intended purpose but can be recycled into a new product. "Prohibited bag"means a carryout bag that measures less than 28" by 36" in size and is not: a dry cleaners bag, a garment bag, a recycled paper bag, a reusable bag,or a special item bag. • "Recycled paper bag" means a bag that contains no old-growth fiber, is acceptable for recycling, contains a minimum of 40% post-consumer materials if rated more than eight-pounds and 20% post-consumer materials if rated less than eight-pounds, is capable of being composted consistent with the timeline and the specifications of the American Society of Testing and Materials 3 (ASTM) as those timelines and specifications may exist from time to time, and has the words"Reusable" or"Recyclable" displayed on its outside. "Retail transaction" means the delivery of items by a merchant to a consteumer. "Reusable bag"means a bag with handles that is made of cloth or other fabric specifically designed to be capable of carrying 22 pounds for a distance of at least 175 feet at least 125 times, is machine washable or otherwise easily cleaned and disinfected, does not contain lead, cadmium or other heavy materials in amounts, determined to be toxic by applicable state or federal standards or regulations for packaging or reusable bags, and if made of plastic, is no less than 2.25 thousandths of an inch thick 'ULSTER COUNTY'S law uses 4.00 MILS which converts to.004 of an inchl. §170-4. Restrictions on carryout bags. A. A merchant shall not provide a prohibited bag as a carryout bag in a retail transaction. . . : '_ . • , • - - - •• ... . •, ... . , off-Site: • B. A merchant shall be allowed to package the items delivered to a consumer at the end of a retail transaction in a carryout bag supplied by the consumer, regardless of its type, and a consumer may leave the point of sale with those items packaged in a carryout bag supplied by the consumer. C. Nothing in this chapter shall prevent a merchant from the delivering, or a consumer from taking, the items delivered by a merchant to a consumer at the end of a retail transaction without placing such items in a bag. §170-5.Distribution of reusable bags and recycled paper bags. A. A merchant may provide a consumer with a reusable bag or a recycled paper bag at the point of sale only if collects from the consumer the carryout bag cost pass-through for each 4 reusable bag or a recycled paper bag that it provides. The carryout bag cost pass-through shall be no less than $0.25 for each reusable bag and no less than $0.10 for each recycled paper bag. A merchant shall not rebate any portion of the carryout bag cost pass-through or provide the consumer with a credit or other reimbursement for any portion of the carryout bag cost pass- through; however, a merchant may issue a credit to a consumer who brings his/her own carryout bag. For the ninety day period starting on****, 2019, [INTENDED TO BE THE EFFECTIVE DATE OF THE LAW] a merchant may provide a consumer with one or more reusable bags, free of charge. B. Prior to the conclusion of a retail transaction, a merchant must advise the consumer of the carryout bag cost pass-through. [MANY LOCAL LAWS REOUIRE THE RECEIPT TO RECORD THE COLLECTION OF THE PASS-THROUGH. I DO NOT KNOW WHETHER COLLECTING THIS INFO IS WORTH THE COST TO THE MERCHANT OF RETOOLING ITS REGISTERS] §170-6. Exempt retail transactions. The following transactions are exempt from this chapter: (a) newspapers or periodicals delivered to a residence or a business location, (b) yard sales, tag or estate sales and other types of sales conducted by a person at his/her home and (c) items that are delivered by the United States Postal Service or a private courier. §170-7.Penalties for offenses;continuing violations. The penalty for each violation of this chapter shall be**************'F'F 6170-8. Reverse Pre-Emption This local law shall be null and void on the effective date of statewide or federal legislation that incorporates either the same or substantially similar provisions to the provisions of this local law. The Town Board may determine by resolution whether any such legislation is identical to, or substantially similar to this local law. 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 the later of , 2019 or its filing with the Secretary of State. March 29,2019 5 Local Law No. -2019 This local law shall be known as the"Carryout Bags" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The purpose of this local law is to minimize the number of bags that consumers in the Town of Mamaroneck use only once to carry purchased merchandise and to encourage the use of reusable bags. The Town Board finds that single-use carryout bags (i. e. carryout bags that are not reusable bags) have negative impacts upon the environment, such as emission of greenhouse gases and increases in atmospheric acidification in their manufacture, proliferation of litter, pollution of the waters of the Town and the waters beyond the Town, contribution to the volume of solid waste to be collected and disposed of, interference with the function of storm water sewers and drains due to bags becoming lodged in outlets, endangerment of wildlife due to their consumption of indigestible items and by damage to their habitats, both terrestrial and marine. In addition, the manufacture, transportation, recycling and/or disposal of single-use bags require an unnecessary use of resources. The Town Board determines that a shift to reusable bags from single-use bags in most retail transactions will benefit the overall health, safety and welfare of the Town and the environment. The Town Board also finds that a fee for using single-use bags is essential if there is to be a transition from single-use bags to reusable bags because such a fee will encourage consumers to use reusable bags rather than single-use bags or recycled paper bags. Furthermore, the Town Board agrees with the Supreme Court of the State of Colorado which in Colo. Union of Taxpayers Found. v City of Aspen, 418 P.3d 506 (Colo. 2018) held that the imposition of a fee for using single- use bags is not a tax;but a fee designed to promote health, safety and welfare. Section 2-Addition of a new chapter to the Mamaroneck Code: The Code of the Town of Mamaroneck hereby is amended by adding the following new chapter thereto: Chapter 170 Carryout Bags §170-1.Title. This chapter shall be known as the"Carryout Bags Law of the Town of Mamaroneck." §170-2. Purpose. The purpose of this local law is to minimize the number of bags that consumers in the Town of Mamaroneck use only once to carry purchased merchandise and to encourage the use of reusable bags. The Town Board finds that single-use carryout bags (i. e. carryout bags that are not reusable bags) have negative impacts upon the environment, such as emission of greenhouse gases and increases in atmospheric acidification in their manufacture, proliferation of litter, pollution of the waters of the Town and the waters beyond the Town, contribution to the volume of solid waste to be collected and disposed of, interference with the function of storm water sewers and drains due to bags becoming lodged in outlets, endangerment of wildlife due to their consumption of indigestible items and by damage to their habitats, both terrestrial and marine. In addition, the manufacture, transportation, recycling and/or disposal of single-use bags require an unnecessary use of resources. The Town Board determines that a shift to reusable bags from single-use bags in most retail transactions will benefit the overall health, safety and welfare of the Town and the environment. The Town Board also finds that a fee for using single-use bags is essential if there is to be a transition from single-use bags to reusable bags because such a fee will encourage consumers to use reusable bags rather than single-use bags or recycled paper bags. Furthermore, the Town Board agrees with the Supreme Court of the State of Colorado which in Colo. Union of Taxpayers Found. v City of Aspen, 418 P.3d 506 (Colo. 2018) held that the imposition of a fee for using single- use bags is not a tax;but a fee designed to promote health, safety and welfare. §170-3. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: "Carryout bag" means the packaging used to transport items delivered by a merchant to a consumer at the point of sale. "Carryout bag cost pass-through" means the amount that a consumer must pay to a merchant that supplies the consumer with a recycled paper bag or a reusable bag at the point of sale. 2 "Consumer" means a person who does not intend to resell items received from a merchant in a retail transaction. "Dry cleaners bag" means the packaging used to protect clothing from being soiled when it is returned to a customer by a dry cleaner. "Garment bag" means the packaging that covers a coat, a dress, a jacket or a suit that is placed on a hangar after being purchased by, or altered for a consumer and is intended to be used to transport the item from the point of sale. "Merchant" means any person or any entity that engages in retail transactions, other than a delicatessen, a not-for-profit organization, a restaurant, or a vendor at a farmer's market. "Point of sale"means the place where a retail transaction concludes. "Special item bag" means packaging without handles used by a consumer to transport (a) uncooked meat, fish or poultry, (b) items, such as bakery goods, candy, fruits, grains and nuts that are not prepackaged, (c) foods that are sliced or prepared to order regardless of whether such food is consumed on-site or off-site, (d) flowers and potted plants , (e) cubed ice, (f) bags intended to be used for garbage, pet waste or yard waste that are sold in bulk from the point of sale. "Post-consumer materials" means items that cannot be used again for their initially intended purpose but can be recycled into a new product. "Prohibited bag"means a carryout bag that measures less than 28" by 36" in size and is not: a dry cleaners bag, a garment bag, a recycled paper bag, a reusable bag,or a special item bag. • "Recycled paper bag" means a bag that contains no old-growth fiber, is acceptable for recycling, contains a minimum of 40% post-consumer materials if rated more than eight-pounds and 20% post-consumer materials if rated less than eight-pounds, is capable of being composted consistent with the timeline and the specifications of the American Society of Testing and Materials (ASTM) as those timelines and specifications may exist from time to time, and has the words"Reusable" or"Recyclable" displayed on its outside. "Retail transaction" means the delivery of items by a merchant to a consumer. 3 "Reusable bag" means a bag with handles that is made of cloth or other fabric specifically designed to be capable of carrying 22 pounds for a distance of at least 175 feet at least 125 times, is machine washable or otherwise easily cleaned and disinfected, does not contain lead, cadmium or other heavy materials in amounts, determined to be toxic by applicable state or federal standards or regulations for packaging or reusable bags, and if made of plastic, is no less than 2.25 thousandths of an inch thick [ULSTER COUNTY'S law uses 4.00 MILS which converts to .004 of an inch]. §170-4. Restrictions on carryout bags. A. A merchant shall not provide a prohibited bag as a carryout bag in a retail transaction. B. A merchant shall be allowed to package the items delivered to a consumer at the end of a retail transaction in a carryout bag supplied by the consumer, regardless of its type, and a consumer may leave the point of sale with those items packaged in a carryout bag supplied by the consumer. C. Nothing in this chapter shall prevent a merchant from the delivering, or a consumer from taking, the items delivered by a merchant to a consumer at the end of a retail transaction without placing such items in a bag. §170-5. Distribution of reusable bags and recycled paper bags. A. A merchant may provide a consumer with a reusable bag or a recycled paper bag at the point of sale only if collects from the consumer the carryout bag cost pass-through for each reusable bag or a recycled paper bag that it provides. The carryout bag cost pass-through shall be no less than $0.25 for each reusable bag and no less than $0.10 for each recycled paper bag. A merchant shall not rebate any portion of the carryout bag cost pass-through or provide the consumer with a credit or other reimbursement for any portion of the carryout bag cost pass- through; however, a merchant may issue a credit to a consumer who brings his/her own carryout bag. For the ninety day period starting on 'F'F**, 2019, [INTENDED TO BE THE EFFECTIVE DATE OF THE LAW] a merchant may provide a consumer with one or more reusable bags, free of charge. B. Prior to the conclusion of a retail transaction, a merchant must advise the consumer of the carryout bag cost pass-through. [MANY LOCAL LAWS REQUIRE THE RECEIPT TO RECORD THE COLLECTION OF THE PASS-THROUGH. I DO NOT KNOW WHETHER COLLECTING THIS INFO IS WORTH THE COST TO THE MERCHANT OF RETOOLING ITS REGISTERS] 4 §170-6. Exempt retail transactions. The following transactions are exempt from this chapter: (a) newspapers or periodicals delivered to a residence or a business location, (b) yard sales, tag or estate sales and other types of sales conducted by a person at his/her home and (c) items that are delivered by the United States Postal Service or a private courier. §170-7. Penalties for offenses; continuing violations. The penalty for each violation of this chapter shall be**************** §170-8. Reverse Pre-Emption This local law shall be null and void on the effective date of statewide or federal legislation that incorporates either the same or substantially similar provisions to the provisions of this local law. The Town Board may determine by resolution whether any such legislation is identical to, or substantially similar to this local law. 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 the later of , 2019 or its filing with the Secretary of State. March 29,2019 February 7,2019 5 Chapter 8o Carryout Bags [HISTORY:Adopted by the Village Board of Trustees of the Village of Pleasantville 7-9-2018 by L.L. No.3-2018. Amendments noted where applicable.] GENERAL REFERENCES Solid waste—See Ch. 151. § 80-i Intent; findings; purpose. A. The intent of this chapter is to encourage consumers in the Village of Pleasantville to use reusable bags for the retail checkout of purchased goods and to restrict the use of single-use plastic carryout bags. B. The Village of Pleasantville, having reviewed the findings of the County of Suffolk as set forth in its ordinance effective January 2018, determines that they are consistent with the findings of numerous other municipalities throughout the country that have passed similar laws, determines that the County of Suffolk findings are compelling and hereby resolves to adopt those findings in this chapter. C. Those findings include: (1) That data released by the United States Environmental Protection Agency shows that between 500,000,000,000 and 1,000,000,000,00o plastic bags are consumed worldwide each year. (2) That most plastic bags do not biodegrade; over time,the bags break down into smaller, more toxic petro- polymers which eventually contaminate soils and waterways. (3) That it is estimated that plastic bags account for over 10%of debris that washes up on our nation's coastlines. (4) That plastic bags can have a devastating effect on wildlife; birds can become entangled in the bags and different species of sea life can die from ingesting plastic bags which they mistake for food. (5) That plastic shopping bags are made from polyethylene,a thermoplastic made from oil.Accordingly,reducing the use of plastic bags will decrease our dependence on fossil fuels. (6) That only 5%to 7%of plastic bags are recycled,in part due to the fact that it costs more to recycle a bag than to produce a new one. (7) That Americans consume more than 10,000,000,000 paper bags each year and 14,000,000 trees are cut down yearly for the manufacturing of paper. (8) That paper production requires large amounts of water, energy, and chemicals and can emit toxic and hazardous chemicals into the air and water. (9) That the nation's paper industry generates more than 12,000,000 tons of solid waste every year. (10) Studies indicate that fees on carryout bags are effective in reducing the proliferation of paper and plastic bags and protecting the environment. D. The Village of Pleasantville has adopted the New York State Department of Environmental Conservation's"Climate Smart Communities"pledge,a ten-measure commitment to encourage renewable energy,to increase recycling efforts,and to factor climate change,sustainability,and the use of environmentally sound goods and services into all development plans. https://ecode360.com/33719459?highlight=plastic 3/22/2019 1 QE'G . kr' Y E. Therefore,the purpose of this chapter is to encourage consumers in the Village of Pleasantville to reduce waste, thus improving the environment both locally and globally,and,in so doing,improving the lives of our residents. § 80-2 Definitions. For the purpose of this chapter,the following terms shall have the meanings indicated: CARRYOUT BAG Any bag that is provided by a covered store to a customer at the point of sale and is used to carry goods from such store;provided,however,that such term shall not include any of the following: A. Bags without handles used to carry produce, meats,poultry,fish,dairy, dry goods or other nonprepackaged food items to the point of sale within a covered store or to prevent such food items from coming into direct contact with other purchased items; B. Bags provided by a pharmacy to carry prescription drugs; C. Garment bags; D. Bags used to contain or wrap flowers, potted plants,or other items where damage to or contamination of other goods placed together in the same bag may be a problem (includes paper bags to protect bottles, newspaper bags, plastic bags around ice cream or other wet items,and small paper bags for greeting cards); E. Bags used to contain unwrapped prepared goods or bakery goods; F. Newspaper bags;or G. Bags sold in packages containing multiple bags intended for use as garbage,pet waste,or yard waste bags. COVERED STORE An establishment in the Village of Pleasantville engaged in the retail sale of personal, consumer or household items,including but not limited to drug stores,liquor stores,gasoline stores,mini-marts,farmers market vendors, pharmacies, grocery stores, supermarkets, convenience stores,food marts, apparel stores, home center and hardware stores,stationery and office supply stores,and food service establishments located within grocery stores, supermarkets, convenience stores or food marts,that provide carryout bags to customers in which to place purchased items. The term "covered store"does not include a restaurant, deli or any other food service establishment that receives 9o%or more of its revenue from the retail sale of prepared food to be eaten on or off its premises or yard sales,tag sales,other sales by residents at their home,sales by not-for-profit organizations,or flea markets. FOOD-SERVICE ESTABLISHMENT A place where prepared food is provided for individual portion service directly to a consumer, whether consumption occurs on or off the premises. PERSON Any natural person,firm,corporation,partnership or other organization or group however organized. RECYCLABLE PAPER CARRYOUT BAG A paper bag that should have the following characteristics: A. Contains no old-growth fiber; B. Is i00%recyclable overall and contains a minimum of 4o%post-consumer recycled content; C. Displays the words"reusable"and"recyclable"on the outside of the bag;and D. https://ecode360.com/33719459?highlight=plastic 3/22/2019 Can be sorted and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. RETAIL SALES The transfer to a customer of goods in exchange for payment occurring in retail stores,sidewalk sales,farmers markets and flea markets.The term"retail sales"does not include sales of goods at yard sales,tag sales,and other sales by residents at their homes. REUSABLE CARRYOUT BAG A bag with handles that is specifically designed and manufactured for multiple reuse and is: A. Machine washable or easily cleaned or disinfected; B. Made of cloth,durable plastic that is at least 2.25 mails thick or recycled materials;and C. Does not contain lead, cadmium,or any other heavy metals in toxic amounts,as defined by applicable state and federal standards and regulations for packaging or reusable bags. SINGLE-USE PLASTIC CARRYOUT BAG A plastic bag with handles,other than a reusable carryout bag,provided at the checkout stand,cash register,point of sale,or other location for the purpose of transporting food or merchandise out of a covered store which is made predominately of plastic derived from petroleum or from bio-based sources,such as corn or other plant sources."Single-use plastic carryout bag"includes compostable and biodegradable bags, but does not include any of the bags excluded in the definition of"carryout bag." § 80-3 Carryout bag fee. A. Upon the effective date of this chapter,covered stores shall charge a fee of not less than $o.io for each carryout bag,whether it is a single-use plastic carryout bag or recyclable paper carryout bag,provided to any customer and not less than$0.25 for each reusable carryout bag provided to any customer.All fees collected by a covered store under this chapter shall be retained by the store. B. No covered store shall charge a fee for or prevent a customer from using a carryout bag brought by the customer to such store to carry purchased goods from such store. § 8o-4 Distribution of single-use plastic carryout bags prohibited. Commencing on the first day of the sixth month following the effective date of this chapter,single-use plastic carryout bags,as defined,may no longer be distributed for free or for a fee by covered stores. Covered stores shall continue to charge a fee of not less than Solo for each recyclable paper carryout bag pursuant to§8o-3. § 8o-5 Additional obligations of covered stores. A. Paper carryout bags provided by covered stores to customers shall contain a minimum of 4o% post-consumer recycled content and be conspicuously labeled with the amount of post-consumer recycled content. B. In order to protect customers by providing them with the option of not taking a bag that incurs a charge,prior to providing a bag,the customer must be verbally informed of the carryout bag cost fee at point of sale. C. All covered stores must indicate on the customer receipt the number of single-use plastic carryout bags (during the first 12 months), reusable bags or recyclable paper carryout bags provided and the total amount charged for the bags. D. https://ecode360.com/33719459?highlight=plastic 3/22/2019 , Nothing in this section shall prohibit a covered store from encouraging and providing incentives for the use of reusable bags through education and through credits or rebates for customers that bring their own carryout bags at the point of sale for the purpose of carrying away goods. E. Nothing in this section shall prohibit customers from using bags of any type that they bring to the covered store themselves or from carrying away goods that are not placed in a bag. § 8o-6 Penalties for offenses. Any violation of this chapter shall be punishable by a civil fine of$100 for the first violation,$200 for the second violation and $50o for each proceeding violation. Each occurrence of a violation,and each day that such violation continues,shall constitute a separate violation and shall be subject to a separate penalty and may be cited as such. § 80-7 Applicability. This chapter shall apply to all actions occurring on or after the effective date of this chapter. § 8o-8 Severability. If any clause,sentence, paragraph,subdivision,section,or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause,sentence, paragraph,subdivision,section,or part of this chapter, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. § 8o-9 When effective. This chapter shall take effect six months upon filing with the Office of the Secretary of State of the State of New York. https://ecode360.com/33719459?highlight=plastic 3/22/2019 O 9 �� Sr Town of Mamaroneck w .'orf m Town Center . F 740 West Boston Post Road,Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 saltieri@townofmamaroneckny.org www.townofmamaroneckny.org Memorandum To: Supervisor and Town Board Re: Discussion of Coyote Control Date: March 28, 2019 For our discussion of this topic at the April 3 work session, I have enclosed the following documents for your review: • Reports filed with the NYSDEC by residents of the Town in regard to incidents involving coyotes. Two reports were filed with the NYSDEC • Summary of legislation proposed by Senator Shelley Mayer in connection with coyote management. ,Stephen V. Altieri Town Administrator 4. tot Printed on Recycled Paper Odierna, Sue From: Emiljana Ulaj <ulajgov@gmail.com> Sent: Wednesday, March 27, 2019 6:35 PM To: Seligson, Nancy Subject: RELEASE: SENATOR MAYER'S COYOTE MANAGEMENT BILL PASSES SENATE For Immediate Release: March 27, 2019 Contact: Emiljana Ulaj: ulajgov@gmail.com; (c) 914-261-8377; (o) 914-934-5250 SENATOR MAYER'S BILL TO PROVIDE COYOTE MANAGEMENT BEST PRACTICES PASSES STATE SENATE Westchester Senator Shelley Mayer's bill to require the State Department of Environmental Conservation to provide guidelines and best practices on coyote management techniques is approved by the State Senate ALBANY,NY--Today, 5.2100, passed the State Senate by a vote of 49 to 13. The bill, sponsored by State Senator Shelley Mayer (D-Westchester), addresses the increasing presence of coyotes in urban and suburban communities and the need for a multifaceted response by the State Department of Environmental Conservation(DEC). An increasing number of coyotes in the state's downstate, highly populated cities, towns, and villages, has posed new challenges for residents, as well as law enforcement. S.2100 requires the DEC to proactively prepare a report on coyote management best practices and other effective methods of preparing residents for managing the coyote influx. State Senator Shelley Mayer said, "My own experience in my district in Yonkers points to the need for a highly sophisticated response to address understandable concerns of suburban homeowners. I look forward to working with the DEC to fund effective tools for coyote management statewide." President of the Hyatt Community Association of Southeast Yonkers, Larry Wilson, said, "Senator Shelley Mayer and her Senate colleagues understand the need for answers and strategies to deal with the proliferation of coyotes in our suburban neighborhoods. We applaud Senator Mayer for sponsoring and supporting this bill." The bill requires the DEC to include in the report: • Management measures currently taken by the department to minimize conflict between humans and coyotes; • Review of effective management measures being taken in other states; 1 • Methods to enhance public engagement in and awareness of coyote management issues; • Identification and evaluation of urban and suburban areas of the state with high concentrations of coyote populations; • Methods currently implemented to minimize dangerous interactions between humans and coyotes and recommendations for improvements to such methods, if applicable; • The basis for the department's current coyote population management levels; • And an evaluation of coyote control methods that may be employed to reduce coyote populations, which may include, but need not be limited to capture and euthanization, capture and removal, and fertility control. The bill is sponsored in the Assembly by Assemblymember Anthony D'Urso and is under consideration by the Assembly Environmental Conservation Committee. State Senator Shelley B. Mayer 1222 Grace Church Street, Suite 300, Port Chester , NY 10573 Unsubscribe supervisor@townofmamaronecknv.orq Update Profile I About our service provider Sent by ulajgov@gmail.com in collaboration with Try it free today 2 e -I Town of Mamaroneck 1-4 �, '3 - / C1-40 From: Tracy Yogman-Town Comptroller "� l Re: Fire Claims Date: 04/03/2019 The following Town of Mamaroneck Fire Department claims have been certified by Chief Joseph Russo and submitted to the Comptroller's Office for payment: VELV12413 DESCRIPTION Scott short connection hose,58 liter 4 gas mixture,fire hooks-keyless garage tool,double zip nut, AAA Emergency Supply Co. GMI-Calibration,GMI part,Lel Sensor Install,Streamlite Survivor Light repair $ 1,904.59 Amazon Supplies-wall clock,slings for Rescue Cribbing,Dawn dishwashing liquid $ 874.58 Atlantic Westchester,Inc. Ceiling heater issue,TSTAT replacement $ 676.20 CIT Xerox Copier contract charge 3/22/19 $ 296.68 Grainger Trash bags $ 64.20 Grainger Trash bags $ 76.64 Home Depot Supplies-Wood for Basement Rooms $ 576.64 KVI Uniforms&Equipment,Inc Embroidery,Polo Shirts,Port Authority Polos $ 195.00 Minerva Cleaners Advanced pant inspection,Patches,Velcro,Restitching $ 553.05 New England Uniform,LLC lies&gloves,hat badges,breast badges,LT.badge $ 949.00 Ready Refresh Water Cooler rental 2/19/19-3/18/19 $ 122.96 Sound Shore Chiefs Association Yearly Dues Jan 2019-Dec 2019 $ 400.00 Sound Shore Pest Control Exterminating Services on 2/22/19 $ 65.00 Town of Mam'k Fire Dept. Food for Department Drill 3/19/19 $ 240.00 UniFirst Corporation Cleaning Supplies 3/15/19,3/22/19 $ 278.64 Verizon Fire HQ service 3/10/19-4/9/19 $ 256.14 Villa Maria Pizza Food for Fast Drill 3/27/19 $ 99.14 $ $ - $ - $ $ - $ $ - $ - $ - $ - $ $ - Total: $ 7,594.62 APPROVED BY Rt.-SOLUTIONOF BOARD OF FIRE C01��ISSIONERS DATE S-i --1-1--- TOWN OF MAMARONECK FIRE DEPARTMENT OFFICE OF THE CHIEFgcl.lril0"177Headquarters 205 WEAVER STREET LARCH MONT,NEW YORK 10538 WEA834-2100 EMERGENCY 834-2101-NON EMERGENCY 11 .1.1•12011 834-2438 CHIEF'S OFFICE STRE834-0922-FAX WWW.TMFD.ORG F D To: Board of Fire Commissioners From: Chief Joseph Russo Date: April 1, 2019 Re: Fire Report for the Month of March 2019 The following report outlines response to calls made during the month of March 2019. 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 30 Minors 24 Stills 3 Out of Town (Mutual Aid) 1 EMS 36 Drills 5 TOTAL 99 Total number of personnel responding: 825 Total time working: 38 hours and 33 minutes Respectfully Submitted, hief Joseph Russo Incident Type Count Report Date Range: From 3/1/2019 To 3/31/2019 Selected Station(s): All Incident Type Description Count Station: EMS 321 -EMS call,excluding vehicle accident with injury 31 32.98% 321F-EMS call,excluding vehicle accident with injury 6 6.38% Total-Rescue&Emergency Medical Service Incidents 37 100.00% Total for Station 37 39.36% Station: HO 111 -Building fire 1 1.06% 113 -Cooking fire,confined to container 1 1.06% Total-Fires 2 3.70% 321F-EMS call,excluding vehicle accident with injury 1 1.06% 322F-Vehicle accident with injuries 7 7.45% 352F-Extrication of victim(s)from vehicle 1 1.06% Total-Rescue&Emergency Medical Service Incidents 9 16.67% 400-Hazardous condition,other 2 2.13% 412-Gas leak(natural gas or LPG) 2 2.13% 440-Electrical wiring/equipment problem,other 4 4.26% Total-Hazardous Conditions(No fire) 8 14.81% 500-Service Call,other 1 1.06% 511 -Lock-out 2 2.13% 522-Water or steam leak 2 2.13% 531 -Smoke or odor removal 1 1.06% 555-Defective elevator,no occupants 1 1.06% 571 -Cover assignment,standby,moveup 1 1.06% Total-Service Call 8 14.81% 622-No incident found on arrival at dispatch address 1 1.06% 651 -Smoke scare,odor of smoke 2 2.13% 652-Steam,vapor,fog or dust thought to be smoke 1 1.06% Total-Good Intent Call 4 7.41% 700-False alarm or false call,other 2 2.13% 731 -Sprinkler activation due to malfunction 1 1.06% 733-Smoke detector activation due to malfunction 1 1.06% 735-Alarm system sounded due to malfunction 2 2.13% 736-CO detector activation due to malfunction 1 1.06% 743-Smoke detector activation,no fire-unintentional 5 5.32% 744-Detector activation,no fire-unintentional 2 2.13% , 745-Alarm system sounded,no fire-unintentional 9 9.57% Total-Fals Alarm&False Call 23 42.59% Total for Station 54 57.45% Station: STIL 510-Person in distress,other 1 1.06% 554-Assist invalid 1 1.06% Page 1 of 2 Printed 04/01/2019 17:34:00 Incident Tyne Description Count Station: STIL-(Continued) 571 -Cover assignment,standby,moveup 1 1.06% Total-Service Call 3 100.00% Total for Station 3 3.19% 94 100.00% Page 2 of 2 Printed 04/01/2019 17:34:16 D ! <, 41O 9 t - o Town of Mamaroneck - 3- (01 z. w � m Town Center n F- x 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 saltieri@townofmamaroneckny.org www.townofmamaroneckny.org Memorandum To: Supervisor and Town Board Re: Authorization- Amendment to Water District Projects Date: March 28, 2019 The Town has been advised that the Westchester Joint Water Works (WJWW) has had to amend cost estimates for the following projects due to conditions discovered in the field. ➢ Project A-1342 Purchase Street Pressure Regulator ➢ Project A-1344 North Barry Avenue Pressure Regulator ➢ Project A-1345 Mamaroneck Avenue Pressure Regulator These are considered joint projects for which the costs are divided between the three participants in the WJWW based upon water consumption. The Town's share is 18.5%. Attached is a scheduled prepared by the WJWW outlining the project's original and revised costs. The schedule also lists the reasons for the change in the estimates. The second attachment is a chart specific to the Town of Mamaroneck that presents our original share of the projects and the revised project share. In total the Town's share of the three projects has risen from $228,410 to $313,950, an increase of $85,540 These projects were previously approved the Town Board, therefore, the action to be considered by the Board is a project budget amendment. If approved by the Town Board, the recommended financing method would be to transfer the additional $85,540 from the Water District surplus into the individual capital project accounts in accordance with the WJWW schedules. /Stephen V. Altieri Town Administrator Cc: Tracy Yogman 0 Printed on Recycled Paper Altieri, Stephen From: David Birdsall <DBirdsall@WJWW.com> Sent: Thursday, March 21, 2019 2:50 PM To: Altieri, Stephen; 'Agostino Fusco'; Daniel Sarnoff; MMacKenzie@harrison-ny.gov Cc: Paul Kutzy Subject: WJWW- Revised Cost Estimates for Joint Pressure Regulator Capital Projects A-1342,A-1344, A-1345 All, The WJWW Board approved estimated total cost amendments for the following Joint Capital Projects at its last meeting on March 19th: Original Revised $Variance %Variance WJWW Revised Capital Project Cost Estimates: Estimate Estimate Over/(Under) Over/(Under) Comments Unmarked private sanitary sewers,mismarked Con Edison gas main,and unidentified pipe necessitated pipe re- Purchase Street Pressure Regulator(A-1342) $ 420,000 $ 550,000 $ 130,000 31% routing extending project by 5-6 days Addition of 6 inch bypass piping,ground water issues and additional grading of site added 4-5 days to project. North Barry Avenue Pressure Regulator(A-1344) $ 391,000 $ 500,000 $ 109,000 28% Additional site restoration($15K). Rock hammering/removal(incremental cost$120K)in Mamaroneck Avenue Pressure Regulator(A-1345) $ 444,000 $ 675,000 $ 231,000 combination with field changes related to interferences from unmarked storm drain,sewer and other utilities 52% extended project by 13 days. The revised share of the amended total cost for each member is as follows: U12stdiester Joint Water WySs Capital Projects-Joint Capital Project Estimate Cost Arrendrrents at 3/19/19 Village d Tomi d TonnA411age of Authorization# NEWWProiect Total Est.Cost Harrison 1342 16'Pressire Re@./ator at Purchase Street $ 550,000 Joint $ 141,900 $ 100,100 $ 30%000 1344 16'Pressure Regulator at North Bany A ue $ 500,000 Joint $ ]29,000 $ 91,000 $ 280,000 1345 16'Pressure Regulator atMamaroneck Avenue $ 675,000 Joint $ 174,150 $ 122,850 $ 378,000 If you need additional information or have questions, please let me know. Regards, 1 Altieri, Stephen From: David Birdsall <DBirdsall@WJWW.com> Sent: Thursday, March 28, 2019 4:01 PM To: Altieri, Stephen Subject: WJWW- Pressure Regulator Projects - TOM Share of Costs Importance: High TOM Share TOM Share TOM Share Project# Pressure Reg Revised Original Change A-1342 Purchase St $ 100,100 $ 76,440 $ 23,660 A-1344 North Barry Av $ 91,000 $ 71,162 $ 19,838 A-1345 Mamaroneck Av $ 122,850 $ 80,808 $ 42,042 Total $ 313,950 $ 228,410 $ 85,540 Steve, Above is a breakdown of the revised share of pressure regulator costs for the Town of Mamaroneck. David David E. Birdsall Business Director Westchester Joint Water Works 1625 Mamaroneck Avenue Mamaroneck, New York 10543 (914)698-3500 Ext.614 dbirdsall@wiww.com 1 4-0 x4-2- O� �9 .. TOWN OF MAMARONECKit—3—1 .. z Town Center w m il (;) 740 West Boston Post Road, Mamaroneck, NY 10543-3353 •FOUNDED 1661 . TEL: 914/381-7810 OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 Saltieri@townofmamaroneckNY.org www.townofmamaroneck.org Memorandum To: Supervisor &Town Board Re: Authorization –Renewal of Service Agreement South East Consortium Date: March 28, 2019 Attached is a proposed renewal agreement for the Town's continued participation in the South East Consortium. As a reminder, the South East Consortium is made up of nine municipalities in Westchester County. The communities joined together some years ago to establish an organization to provide recreation programs for people with intellectual or developmental disabilities. It was determined at the time the consortium was established that individually, the municipalities would be unable to provide this type of program successfully due to the special training needed for staff. Also attached is a listing of the Municipalities, their contribution, and the number of citizens served. For the Town of Mamaroneck there are 51 citizens served by the consortium. The Town of Mamaroneck's contribution of$25,415.00 covers residents from the unincorporated Town of Mamaroneck, Village of Larchmont, and that portion of the Village of Mamaroneck in the Town of Mamaroneck. The Village of Mamaroneck pays a separate fee for the Rye Neck section of the Village. The contribution amount from the Town has remained unchanged for the last four years. REQUESTED ACTION: THAT THE TOWN BOARD APPROVE THE RENEWAL AGREEMENT WITH THE SOUTH EAST CONSORTIUM FOR SPECIAL SERVICES AND THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO EXECUTE THE AGREEMENT. • South East Consortium for Special Services, Inc. (SEC) Inter-Agency Agreement for 2019 This agreement made by and between the SEC, a not-for-profit corporation of the state of New York; City of Rye,a municipal corporation of the state of New York; Town of Harrison/Village of Harrison, a municipal corporation of the state of New York; Town of Mamaroneck municipal corporation of the state of New York;Town of Pelham, a municipal corporation of the state of New York; Town of Eastchester, a municipal corporation of the state of New York;Village of Rye-Brook, a municipal corporation of the state of New York; Village of Scarsdale, a municipal corporation of the state of New York;Village of Portchester, a municipal corporation of the state of New York; and the Village Mamaroneck, a municipal corporation of the state of New York shall enable said component municipalities the opportunity to provide collective programs of special recreation services and respite opportunities for citizens with Intellectual and/or Developmental Disabilities(I/DD) through participation in SEC as appropriate and available. Now,therefore,the parties hereto agree as follows: FIRST: The parties shall jointly operate a special recreation program for citizens with Intellectual and/or Developmental Disabilities (I/DD) residing or domiciled within the corporate limits of their respective municipalities to the best of its capabilities and available resources. SECOND: The program shall be funded through each municipality in accordance with a schedule attachment hereto and main part hereto establishing respective shares which shall be in addition to any third party sources of funding. Said local share shall be paid to SEC at the municipalities' earliest convenience in the current calendar year unless otherwise mutually agreed upon. THIRD: The substantive program policy shall be the joint responsibility of all the parties, but shall be carried out administratively by the SEC in the same manner as any other program(s)for which said council would otherwise individually be responsible.Administrative services include, but not limited to accounting, payroll, legal, personal, insurance and risk management. In addition, the SEC on the behalf of the program, may apply an receive grants and other third party sources of revenue and may further enter into agreements on behalf of the program which other governmental agencies and not- for-profit organizations providing partial or full support of any program or activity to be provided hereunder. FOURTH: The Board of Directors, consisting, in part, of a designee from each component municipality shall have policy- making power for the program, and which shall further have the power to adopt rules, regulations, and procedures for the governing of the program affairs in a manner consistent herewith. FIFTH: The SEC shall procure and maintain liability insurance at its own cost and expense relating to all activities sponsored by and performed by the program which insurance shall protect the interest of the parties hereto as named insured's. Said insurance limit and amounts will be determined by resolution by the Board of Directors. SIXTH: The Chief Fiscal Officer of the SEC shall be the Treasurer. SEVENTH: Programs shall be held through the component municipalities, utilizing existing and available municipal/community/commercial facilities and resources. EIGHTH: The SEC shall provide special recreation programs and respite opportunities for component municipalities and will accommodate participants from outside the consortium area in accordance with agency guidelines currently enforced and in place. NINTH: The agreement shall be in effective for the calendar year 2019 and upon further agreement of the parties, may be amended and/or extended from year to year thereafter. TENTH: The SEC shall deliver to each component municipality a current Certificate of Insurance verifying the existence of such insurance and naming said component municipality as Additional Insured. The SEC shall hold harmless, indemnify,and defend the Town of Mamaroneck, its employees,officials and agents from any and all claims, suits and actions arising out of the activities of the special recreation and respite programs provided by the SEC.The SEC shall provide the Town of Mamaroneck a copy of the Certificate of Insurance naming the Town of Mamaroneck as an Additional Insured. In witness where of the parties here to have executed this agreement as the day in the year above written. South East Consortium for Special Services, Inc. / I By: Jenni -r Spenner-Kind, Executive Director Town of Mamaroneck By: So q-C- ��L Print name and title TOwn Signature South East Consortium for Special Services, Inc. Number of Citizens Served/Program Hours for 2018 Municipality Contribution Citizens Program Hours Transportation Total Hours Cost Per Served Hours Hour Town of Eastchester $18,586 65 5,653' 390 6,043 4.73 Town of Mamaroneck/Village of $25,415 55 4,713 339 5,052 5.03 Larchmont Village of Port Chester $21,829 7 598 184 782 27.91 Town/Village of Harrison $21,333 21 1,330 88 1,418 15.40 Village of Scarsdale $16,334 38 4,518 245 4,763 3.43 City of Rye $13,972 22 2,327 487 2,814 4.97 Town of Pelham $12,090 13 1,723 167 1,890 6.40 Village of Rye Brook $7,381 9 588 23 611 12.08 Village of Mamaroneck(Rye Neck only) $6,419 12 1,662 120 1,782 3.60 Local Law No. -2019 This local law shall be known as the "Payment of the fees for experts needed by the Town in connection with reviewing applications for Subdivision Plat approval" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —Purpose: The Town's site plans laws, both commercial and residential, contain a provision that requires an applicant to reimburse the Town for the costs of the experts that the Town needs in order to review an application. The chapter of the Town Code regulating subdivision approval does not. This law adds that requirement to that chapter. Section 2—Amendment of a current section of the Mamaroneck Code: Section 190-22 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §190-22 Fees. Every application for subdivision plat approval shall be accompanied by the fee set forth in §A- 250-1. Should an agency of the Town having jurisdiction over that application deem it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the Town for such services. Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by arty 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. March 7,2019 Local Law No. -2019 This local law shall be known as the "Addition of the fees for experts needed by the Town in connection with reviewing applications for Wetlands Permits" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: The Town's site plans laws, both commercial and residential, contain a provision that requires an applicant to reimburse the Town for the costs of the experts that the Town needs in order to review an application. The chapter of the Town Code regulating wetlands permits does not. This law adds that requirement to that chapter. Section 2-Amendment of a current section of the Mamaroneck Code: Section 114-7(B) of the Code of the Town of Mamaroneck hereby is amended to add the following paragraph(5) to that section: §114-7(B) Procedure for permits. (5) Should an agency of the Town having jurisdiction over that application deem it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the Town for such services. 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. March 7,2019 Local Law No. -2019 This local law shall be known as the "Payment of the fees for experts needed by the Town in connection with reviewing applications for Special Permits" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The Town's site plans laws, both commercial and residential, contain a provision that requires an applicant to reimburse the Town for the costs of the experts that the Town needs in order to review an application. The chapter of the Town Code regulating we special permits does not. This law adds that requirement to that chapter. Section 2-Amendment of a current section of the Mamaroneck Code: Section 240-61 of the Code of the Town of Mamaroneck hereby is amended to add the following paragraph(F)to that section: §240-61 Applications;fees. (F) Should an agency of the Town having jurisdiction over that application deem it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the Town for such services. 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. March 725 2019 Local Law No. -2019 This local law shall be known as the "Payment of the fees for experts needed by the Town in connection with reviewing applications for Special Permits" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The Town's site plans laws, both commercial and residential, contain a provision that requires an applicant to reimburse the Town for the costs of the experts that the Town needs in order to review an application. The chapter of the Town Code regulating special permits does not. This law adds that requirement to that chapter. Section 2-Amendment of a current section of the Mamaroneck Code: Section 240-61 of the Code of the Town of Mamaroneck hereby is amended to add the following paragraph(F)to that section: §240-61 Applications;fees. (F) Should an agency of the Town having jurisdiction over that application deem it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the Town for such services. 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. March 25,2019 Local Law No. -2019 This local law shall be known as the "Addition of the fees for experts needed by the Town in connection with reviewing applications before the Board of Appeals" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The Town's site plans laws, both commercial and residential, contain a provision that requires an applicant to reimburse the Town for the costs of the experts that the Town needs in order to review an application. The chapter of the Town Code regardin applications to the Board of Appeals does not. This law adds that requirement to that chapter. Section 2-Amendment of a current section of the Mamaroneck Code: Section 240-91 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §190-22.Fees. Any person or corporation, other than the Town of Mamaroneck, making any application to the Board of Appeals under the provisions of this chapter shall pay to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration the fees, set forth in §A250-1 for both processing the applications and advertising the notice of hearing for each application filed. Should an agency of the Town having jurisdiction over that application deem it necessary to hire consultants for technical review and/or on-site inspection,the applicant shall be required to pay the actual cost to the Town for such services. 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. March 725 2019 Local Law No. -2019 This local law shall be known as the "Addition of the fees for experts needed by the Town in connection with reviewing applications before the Board of Appeals" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: The Town's site plans laws, both commercial and residential, contain a provision that requires an applicant to reimburse the Town for the costs of the experts that the Town needs in order to review an application. The chapter of the Town Code regarding applications to the Board of Appeals does not. This law adds that requirement to that chapter. Section 2-Amendment of a current section of the Mamaroneck Code: Section 240-91 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §190-22.Fees. Any person or corporation, other than the Town of Mamaroneck, making any application to the Board of Appeals under the provisions of this chapter shall pay to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration the fees, set forth in §A250-1 for both processing the applications and advertising the notice of hearing for each application filed. Should an agency of the Town having jurisdiction over that application deem it necessary to hire consultants for technical review and/or on-site inspection,the applicant shall be required to pay the actual cost to the Town for such services. 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. March 25,2019