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HomeMy WebLinkAbout2019_07_24 Town Board Meeting Packet TOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, July 24, 2019 5:00PM THE TOWN BOARD WILL CONVENE IN CONFERENCE ROOM D TO DISCUSS: 1,7Larchmont Historical Society- Enslaved Persons Remembrance 2. Reusable Bag Law Commuter Parking Law t,4-2iscussion- Community Solar Project 2019 Serial Bond Sale 6. Update- EV Charging Stations 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 the Town of Mamaroneck 1. Re-appointment-Town Assessor 2. Authorization- Westchester Joint Water Works Agreement-Rye Lake Section 3. Authorization- IMA Village of Scarsdale- Board of Assessment Review 4. Set Public Hearing- Commuter Parking Law 5. Report of Bids es1TA-19-08 Road Resurfacing 6. Authorization- Acceptance of a Donation and Budget Amendment 7. Authorization- Amendment to Water District Capital Projects 8. Authorization- Bond resolution- 2019 Capital Project 9. Authorization- Amendment- New York State Snow and Ice Control Agreement 10. Resolution- Environmental Facilities Corp. Grant- Green Infrastructure 11. Salary Authorization-Town Police Department 12. Consideration of Certiorari /3,c€2- jib( - p k4-10 - '42( Approval of Minutes -May 21, 2019 and June 5, 2019 Reports of the Council Town Clerk's Report Next Regularly Scheduled Meeting -August 21, 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. (NI(' -2-4 - C) June 17, 2019 Town of Mamaroneck, New York To the Mamaroneck Town Board, We are a group of local residents who have become aware of our community's foundational ties to the institution of slavery. We are seeking the support of the Mamaroneck Town Board to pursue appropriate ways to memorialize the contributions of enslaved persons to the development of our town. Mamaroneck Town's Foundational Ties to Slavery There are no memorials to Susannah, Jack, Bet, Pheby, Danie, Hannibal, Banjo Billy, Ginny or the scores of other enslaved persons whose unpaid labor helped build our community. Yet we honor the slaveholders on streets signs: Richbell, Gedney, Griffen, Merritt, Munro and DeLancey. ibracorsei,111 Silhouettes of"Banjo Billly"and"Ginny"are believed to be the only surviving images of enslaved people living in Mamaroneck Town.From Adam and Anne Mott by Thomas Cornell. We remember John Richbell, who in 1661 bought land that later became Mamaroneck from Chief Wappaquewam and his brother, Mahatahan. But we've forgotten the 19 slaves he purchased in 1646 in what was then New Amsterdam, or the one owned by his widow, Ann Richbell, who appears in the 1698 colonial census of Mamaroneck. A complete listing of Mamaroneck Town slaveholders and enslaved persons compiled by Professor Ned Benton of John Jay College, a Larchmont resident and a member of our group, includes 43 slaveholding families and at least 147 enslaved persons living in Mamaroneck between 1698 and 1817 (see attachment). Almost all the slaveholders have full names recorded in official documents during their lifetimes and, years later, their family names dot our streetscape. For the enslaved persons, there are neither full names nor tributes recorded in the past or appreciated now. This is the condition our group hopes to rectify. Other Westchester communities are already pursuing similar goals. For example, Yonkers is about to inaugurate its Enslaved Africans' Rain Garden. In May, the Village of Irvington Board of Trustees gave the "green light" to move forward to a group of residents informally organized as the Recognizing Enslaved Africans Committee. A similar memorial in our community could serve as an educational catalyst and help our students and community gain a more accurate and meaningful understanding of slavery in America. First Steps That We Are Requesting of the Mamaroneck Town Board The aim of our group is to recognize for today and for the future that slavery existed here. We would affirm that slavery was wrong and that the individuals so wronged matter to us today and into the future. 1. In furtherance of our aim, we ask that you endorse the idea of memorializing the contributions of enslaved persons to our community's development. 2. We ask further that you authorize us to develop ideas for an appropriate memorial. We are happy to include in the group additional representatives of your board or other organizations you deem relevant. We would like to meet with you at your convenience, perhaps at an upcoming work session, to present our ideas more fully. Thank you for your consideration of our proposal, Judy Silberstein, former Publisher of the Larchmont Gazette Ned Benton, Professor at John Jay College of Criminal Justice, Co-director of the New York Slavery Records Index Keith Yizar, Resident Jackie Lorieo, Sculptor Lynne Crowley, Town of Mamaroneck Historian Joanne Shaw, Mamaroneck Library Board Trustee John Pritts, Village of Mamaroneck Historian, Co-president of Mamaroneck Historical Society Gail Boyle, Co-president of Mamaroneck Historical Society The Rev. Carol D. Gadsden, Rector of St. Thomas Episcopal Church Sharon Latimer-Mosley, former Mamaroneck Resident. Slaveholders and Slaves in Mamaroneck Township: http://mamaroneckhistory.org/slaveholders-and-sl aves-in-mamaroneck-township-ddd/ Revised:December 1,2016 Slaveholder Slaves What We Know The 1698 census of Mamaroneck lists a male slave of Captain James Mott Male,name unknown ; Captain Mott.Captain Mott lived in Mamaroneck prior to 1711.(Spikes 1991,p.21a) The 1698 census lists a female slave of Samuel Palmer. Samuel Palmer Female,name unknown j The Palmer family lands encompass much of what is the Village of Larchmont today.(Spikes 1991,p. 11, with a complete discussion,pp.9-21a) The 1698 census lists a female slave of Ann Richbell. According to Spikes(1991,pp. 8-8a),Ann Richbell lived on the East Neck,which today is known as Ann Richbell Female,name unknown i Orienta in Mamaroneck Village,and is buried on a knoll between Mamaroneck Harbor and Rushmore Avenue. In January 1765 a slave named Jin ran away from James Horton,who posted a Runaway Notice in the James Horton Jin New York Mercury.James Horton may be related to Deborah Horton,listed below as having 7 slaves in the 1790 census. James Mott was a great-grandson of John Richbell and a distant relative of Captain James Mott(above).He was a wealthy Quaker merchant and preacher who moved in 1776 to what is now known as the Mill House ..4100 on Pryer Manor Road.(Spikes 2003,p.17)His 2 slaves also appear in the memoirs of his grandson,Richard 1;I I.I.I.1'l-I%!'I 1 t Mott.As Quakers,the Motts were opposed to slavery. James Mott Jinny,Banjo Billy Yet,the census reveals that James Mott maintained 3 slaves as late as 1810. According to the Book of Negroes,compiled in 1783, Eleazer Goddin was the owner of John Cox,who was jEleazer Goddin John Cox born around 1755.Cox became a black loyalist, fighting on the side of the British in the Revolutionary War.His name,along with that of his wife and 2 children,appears on the 1783 passenger manifest of the Clinton,a ship transporting freed black loyalists to Annapolis,Nova Scotia. They disembark in Saint John and set out to make new lives for themselves and their families.Facing many hardships,including racist restrictions on their new- found freedom,Cox stays on,and perhaps Jeremy Cox, who marries in nearby Gagetown in 1806,is one of his sons. Ben Cole is listed in the Book of Negroes as the owner of Andrew Cole,who was born around 1757. Andrew Cole,with his wife Mary,appears on the same passenger manifest as John Cox,above.They disembark Ben Cole Andrew Cole in Saint John and set out to make new lives for themselves and their families.Facing many hardships, including racist restrictions on their new-found freedom,they take different paths.Cole may have emigrated to Sierra Leone where he was promised greater freedom and land. William Sutton appears in Township records as setting i Jane free on July 8, 1786.He was a Mamaroneck Town William Sutton Jane Supervisor,and lived on land we know today as Orienta.(Spikes, 1991,p.25)William Sutton is mentioned in the Will of John Sutton in 1752,who was his father, Elizabeth Allaire 5 male slaves,names She appears in the Census of Slaves by Captain Joseph unknown i Sutton in 1755. Peter Allaire appears in the census of 1790 as holding 4 slaves.The Allaire family lived in much of what is considered Larchmont Manor today.For a map of the Allaire estate,see Spikes,(1991,p.32 and 33) Peter Allaire Jack and 3 name unknown In January 1790,Jack ran away from Peter Allaire who posted a Runaway Notice in the Connecticut Courant.The notice said that Jack called himself Free Man John. Oliver Belly appears in the census of 1790 as holding Oliver Belly 1,name unknown one slave.He lived north of the Post Road bordering on New Rochelle.(Spikes, 1991,p. 13) Gilbert Budd lived on the East Neck.(Spikes, 1991,p. 34)He was the Mamaroneck Township Clerk and Susannah,Jack,Bet,Pheby, recorded many of the entries in the Town records Phebe,Daniel,Hannah, relating to slave ownership and manumission. Gilbert Budd Henry,Peter,Peter Jr., Sarah,Charles,Hannibal, The slaves listed here by name are identified in various Jack Purdy,Eliza ; records as being owned by Budd.The 1790 census lists j ! 12 slaves in his household,the 1800 census lists 9,and the 1810 lists 8.But other records of ownership,deaths and births do not square with the census numbers. For example,Budd started 1790 with 12 slaves,then freed one in 1799,and acquired two more by birth, presumably leaving him with 13.Yet the 1800 census has him with 9.Perhaps 4 died and their deaths were not recorded. Similarly,he started 1800 with 9 slaves,then freed 1 and acquired 5 by birth,which should have totaled 13. Yet the 1810 census shows only 8.Perhaps 5 died. An alternative hypothesis,which cannot be tested with the information available,is that Gilbert Budd sold some of his slaves. Susannah appears in Township records as being set free by Budd on January 26, 1799. Jack appears in the Township records as being set free by Budd on March 27, 1799.This may be the same person as Jack Purdy,listed as the father of Eliza in 1809. r , I ` Bet appears in the Mamaroneck Township records as the mother of Pheby,who was born on July 12, 1799 and registered by Gilbert Budd as his property.Bet is probably the same person listed as mother to Peter (1802),Charles(1805),and Eliza(1809). Phebe appears in the Mamaroneck Township records as the mother of Daniel,who was born on July 8, 1799 and registered by Gilbert Budd for for more than 2 f ; decades of indentured servitude. I � Hannah appears in the Mamaroneck Township records as the mother of Henry,born on November 11, 1800, and of Sarah,born on November 22, 1802.Budd registered both children or for more than 2 decades of indentured servitude. Bet reappears in the Mamaroneck Township records as mother of Peter,born on February 1, 1802.This is probably the same woman as Pheby's mother,above. i I Peter appears in the Mamaroneck Township records as the father of Sarah(whose mother was Hannah,above). Bet reappears in the records as mother to Charles,who was born on September 10, 1805 and registered by Gilbert Budd or for more than 2 decades of indentured servitude. Hannibal appears in the Mamaroneck Township records as being set free on August 20, 1808.This may be the same person as Hannibal Lemmore,who is listed under "other free persons"in Middletown,Connecticut's 1810 census. Jack Purdy appears in the Mamaroneck Township records as the father of Eliza,born on October 26, 1809;Bet is listed as the mother.This may be the same Jack freed by Gilbert Budd in 1799(see above). i However,Eliza's status was based on her mother's enslavement.Budd registered Eliza or for more than 2 decades of indentured servitude. Elizabeth Duncan 1,name unknown Elizabeth Duncan appears in the 1790 census as having 1 slave. Absolom Gidney appears in the 1790 census as having Absolom Gidney 4,names unknown 4 slaves. Isaac Gidney appears in the 1790 census as having 1 Isaac Gidney 1,name unknown slave.He is the grandson of Eleazor Gedney for whom the Eleazor Gedney Burial Ground in Mamaroneck is named. Benjamin Griffm appears in the 1790 census as having 5 slaves. He might have been related to Henry Griffen who operated a storehouse in Mamaroneck. (For more about the Griffen,see Spikes, 1991,p. 13)This may be the same Benjamin Griffen who freed Peg,according to Town records,on March 27, 1799. Father(1717-1792)and son(1753-1798)both went by 5-7,possibly Peg,James I Benjamin Griffin. Benjamin Griffen and Jack and 2-4 with names unknown ; In July 1784 James ran away and Benjamin Griffen (most likely the father but possibly the son)who posted a Runaway Notice in the New York Packet and the American Advertiser. In November 1796,another slave named Jack also ran away,and this time Benjamin Griffen the son posted a Runaway Notice in Greenleafs New York Journal and the Patriotic Register. 3 in 1790 names unknown Bartholomew Hadden appears in the 1790 census as Bartholomew Hadden 1 in 1755�named Arron having 3 slaves.In 1755 he is listed as owning Arron by a colonial census. At least 7 slaves,names Deborah Horton appears in the 1790 census as having Deborah Horton unknown.Charley,Charles 7 slaves,and in 1800 as having 5 slaves. She reported Johnson and Andrew may i none in 1810 or 1820,but set one free(Andrew,below) 1 • be additional slaves or in 1822.She lived on the East Neck,today called some of those listed Orienta.(Spikes, 1991,p.34) without names in the census. According to Township records,Deborah Horton freed Charley on March 27, 1799.She freed Charles Johnson on April 4, 1801.There is a"Charles Johnson"who appears in the"other free persons"category in the New York City census of 1810. Township records show she freed Andrew on January 17, 1822. Edward Merritt appears in the Captain Joseph Sutton Census of 1755 as having one slave. Harry,Gin,Peg and at least Edward Merritt 5 others with names ; Edward Merritt appears in the 1790 census as holding 8 unknown slaves,and in 1800 as holding 8 slaves.Gin was the mother of Peg,born on March 29, 1800 and registered by Edward Merritt as his property.Township records indicate that Merritt set Harry free on March 27, 1799. John Merritt 5,names unknown John Merritt appears in the 1790 census as holding 5 slaves. Mary Palmer 2,names unknown i Mary Palmer appears in the 1790 census as holding 2 slaves. Charles Rowe 1,name unknown Charles Rowe appears in the 1790 census as holding 1 slave. Giles Simmons 1,name unknown Giles Simmons appears in the 1790 census as holding 1 slave. Mary Sutton appears in the 1790 census as holding 2 slaves. She may have been related to William Sutton, Mary Sutton 2,names unknown listed above.She might also have been related to Joseph Sutton who operated a storehouse in Mamaroneck.(For more about the Suttons,see Spikes, 1991,p. 13) Chariot was born on November 18, 1799,daughter of Esther,and was registered by Charles E.Duncan or for Charles E.Duncan Esther,Chariot more than 2 decades of indentured servitude..Duncan purchased land in 1799 on the north side of the Post Road near the New Rochelle border.(Spikes, 1991,p. 31) Henry Disinborough,Jr. 4,names unknown Henry Disinborough,Jr.appears in the 1800 census as holding 4 slaves. William Grey appears in the 1800 census as holding William Grey 1,name unknown 1 slave. John Pinkney 1,name unknown John Pinkney appears in the 1800 census as holding 1 slave,and in the 1810 with 1. Nathaniel Sachet 2,names unknown Nathaniel Sachet appears in the 1800 census as holding 2 slaves. John Sands appears in the 1800 census as holding 2,names unknown 2 slaves.John Sands might be a relative of Nathaniel John Sands Sands,who lived on land along Weaver Street.(See Spikes, 1991,note 406.) Sally was born on April 15, 1800,daughter of Nelly, William Thompson Nelly,Sally and was registered by William Thompson for more than 2 decades of indentured servitude. r Peter Jay Munro was the original resident of the Manor House in Larchmont and a nephew of John Jay,the first Chief Justice of the United States Supreme Court. Munro does not appear as a slaveholder in the --' Mamaroneck U.S.Census in 1790.He maintained his Candice,Nelly,Chariot legal residence in New York City,and reported his 4 slaves to the census there in 1790.However, Mamaroneck Township records show he freed Candice Peter Jay Munro on November 19, 1803 and reported the birth of Charlot,to mother Nelly,on May 25, 1814. Census records show David Rogers had no slaves in 1790, 1 in 1800 and 3 in 1810.Township records show Plato was born on September 24, 1803,with no parents identified,and was registered by David Rogers or for David Rogers Plato,Lilly,Nanny,Harry more than 2 decades of indentured servitude.Nanny Rogers was born on December 18, 1806,daughter of Lilly,and was registered by David Rogers or for more than 2 decades of indentured servitude.Harry Rogers appears in the Township records as being set free on May 25, 1813. Nanny Pott,Tom Pott,Tom John Peter DeLancey(also spelled D'Lancey, 1753- 1828),was a Revolutionary War soldier and the father Pott,Jr.,Tamar Pott,Jack of William Heathcote DeLancey(1797-1865),a well- Purdy,Dorothea(or known Protestant Episcopal Dorathea),Lewis,George, clergyman and provost of a child named Anne r the University of Pennsylvania.J.P.DeLancey reported a child ; no slaves in his household in the 1810 census,but did report eleven"other free persons"—a category for non- white persons who are not slaves—sharing his home. �« I Margaret(Peg),Peter and This may be a recording error,or an intentional his wife,Abraham,Sam, deception,since he regularly reported in Township Phebe, Jack Purdy,Nanny, records about his slaves. � Betty Halley,Lewis and Michael are referenced in Tom Pott,Jr.was born on September 25, 1805,son of the DeLancy Family papers Nanny and Tom Pott,and was registered by John P. D'Lancey or for more than 2 decades of indentured Fred,Harriet,Henry, John Peter D'Lancey ; servitude.Tamar was born on April 21, 1808,son of several children,a cook,as Nanny' and Tom Pott,and was registered by J.P. well as a couple named ; D'Lancey for indentured servitude.Jack appears in the Joseph and Harris. ! Township records as being set free on November 15, 1808.George was born on October 10, 1809,son of Angevine Dorothea and Lewis,and was registered by J.P. ij D'Lancey for indentured servitude A child named Anne or Nancey was born on October 12, 1814,daughter of Harriet,and was registered by J.P.D'Lancey for { indentured servitude. The following are transactions documented in the Bills of sale in the De Lancey Family Papers,Museum of the City of New York.The source is the Mamaroneck History Facebook page. i r • 1793 March 29:Margaret(Peg) 10 yrs old, $30—for life—from Charity&Jonathon Purdy,Executors of Joseph Purdy's estate (White Plains) • 1793 April 13:Report:"Slave given to Elizabeth Delancey,John Peter's wife." • 1795 June 30:Tom 15 yrs old,$85—for life— from Benjamin Decker of Northfield, Richmond County(Staten Island) • 1796 September 07: Simon(Sime)25 yrs old, $100—for life—from Abraham Van Men of Kinderhook,Columbia County(upstate almost to Albany)Simon escapes in 1809 as documented in 1809 Runaway Notice John P. De Lancet/pursues Sam or Simon Woodbeck. • 1797 March 24:Peter 45 yrs old,wife 35 yrs old,Abraham 5 yrs old,Sam 9 mths old,$180 —for life—from Valentine Nutter of New York City • 1797 April 13: Description&Reward for a runaway slave,Simon. Simon also escapes in 1809 as documented in 1809 Runaway Notice John P.De Lancey pursues Sam or Simon Woodbeck. • 1798 August: 10 Phebe 16 yrs old,$60 from H.G.Livingston of New York City • 1803 March 30:Jack Purdy 30 yrs old, purchased for 5 years from Hakaliah Purdy i ! • 1804 February 07:Nanny(Nan)22 and her baby sold to Bartholemew Ward of Mamaroneck • 1805 April 22:Nanny 23 yrs old,and infant, $80 purchased for 5 years,back from Bartholemew Ward. • 1806 April 14: Betty Halley 16 yrs old,$125 purchased for 8 years from Ruth Ward, Eastchester."Which manumission is to take place at the end of eight years from the first day of May next, which will be in the year one thousand eight hundred and fourteen— provided, however, if the maid Betty should have a child or children during her servitude she will serve one additional year for every child before she is entitled to her freedom, a ! ! witness my hand and seal this fourteenth day of April, 1806."Signed,J.P.De Lancey • 1806 May: Lewis,boy,$250 purchased for 12 years. • 1807 May 14:Betty Halley sold to Peter Underhill • 1809:Mike(Michael),boy,$100 purchased for 5 years,8 mths. • 1809 March 02:This entry is NOT about J.P. De Lancey."I just thought you might like to know that Jack Purdy,former"time servant" of J.P.De Lancey(purchased for five years in 1803)fathered a daughter Eliza with Gilbert Budd's slave Bet."This suggests that,now a freeman,Jack remained in Mamaroneck. The references to Fred,Harriet,Henry,Joseph,Harris, several small children and a female cook are in Small Family Memories. Angevine is mentioned in documention of the Angevine Cemetery in Scarsdale: "Cooper's father-in-law John Peter Delancey may have owned a slave named Angevine at Heathcote Hill." Christopher Hubbs Jack Jack appears in the Township records as being freed by Christopher Hubbs on November 15, 1808. Township records show Benjamin was born on February 28, 1808,son of Grace,and was registered by Jane Merritt as her property.It is not clear what happened to Grace and Benjamin,as only one slave appeared in the household as part of the 1810 census Jane was probably the wife or daughter of Edward Merritt,because this relationship is implied by a runaway slave notice that described her as the executrix of Edward Merrill's(probably Merritt's)estate.(For more about the Merritts,see Spikes, 1991,p. 13) Jane Merritt,also listed as Grace,Benjamin,Harry In March 1808,a slave called Harry ran away from Jane Merrill (also called Tuder) "Jane Merrill."We know this because she posted a Runaway Notice in the New York Commercial Advertiser.Jane Merrill is probably Jane Merritt(see immediately above)and her name was spelled incorrectly in the notice.The notice states that Harry belonged to"the estate of Edward Merrill"who is probably the same person as"Edward Merritt"listed above. Curiously,the description for Edward Merritt refers to the manumission of a slave called"Harry"in 1799, which suggests that Edward Merritt had two slaves j called"Harry." John Darby Unknown John Darby appears in the 1810 census as holding one slave. Henry Merritt Unknown Henry Merritt appears in the 1810 census as holding 1 slave. James Gray Rose,Telemaque Rose and Telemaque appear in the Township records as being set free by James Gray on December 12, 1810. John Pinkney Catherine Catherine appears in the Township records as being set free by John Pinkney on April 2, 1811. Andrew appears in the Township records as being freed on May 17, 1811 by James Mott,who purchased him for that purpose.The Township record states:"I having purchased of Joshua Purdy a negro man named Andrew who is about 26 years of age,he has the James Mott Andrew promise of the person I bought him of that he should be free at 28 years of age,and as one object I had in view in the purchase was to secure his freedom,I do hereby declare the said Andrew to be a free man from the date hereof Mamaroneck 15th of May 1811."Joshua Purdy lived in Rye. Jack Budd Mary Jack Mary Jack appears in the Township records as being freed by Jack Budd on December 12, 1812. Joseph Haight Harry Harry appears in the Township records as being freed on March 20, 1817. Note:Book references are to Spikes,Judith Doolin,Larchmont New York,People and Places,(Larchmont NY, Fountain Square Books, 1991)and Spikes,Judith Doolin,Images of America—Larchmont(Arcadia Publishing, 2003).The images of James Mott and Jinny and Banjo Billy are from page 17,Images of America—Larchmont. Note:This post is based on information presented first by Ned Benton in a Larchmont Historical Society presentation in 2006. Originally,there were separate tables for the slaves and the slaveholders. The merged table above includes revisions and additions made in December 2016. TOWN BOARD MEETING WORK SESSION AGENDA July 24, 2019 #4: Discussion- Community Solar Project No attachment + O 9 1S V ti1/4-iTown of Mamaroneck 7-Z4w , Zm_ Town Center ~fcu Ec ,s f 740 West Boston Post Road, Mamaroneck,NY 10543-3353 Office of the Comptroller TEL: 914/381-7850 FAX: 914/381-7809 towncomptrol l er@townofmamaroneck.org Memorandum To: Stephen Altieri, Town Administrator Town Board Members From: Tracy Yogman, Town Comptroller Date: July 24, 2019 Re: Bond Summary A careful review of authorized capital projects to be financed through the issuance of bonds was completed. Each project requiring funding was reviewed and based on the timeline of the project, funding needs were projected over the course of the next two years. It is prudent for the Town to be conservative in its approach on issuing long-term bonds for capital projects. The best approach to managing debt is to borrow for multi- year projects on a phased in approach where projects require funding over several years. By doing so, debt service will increase over the course of the projects construction. The attached schedule provides details on each of the 2019 approved projects, the authorized bond issues, the amount the Town plans to finance in 2019 and additional information on the project financing plan. With the two amendments to the Highway projects scheduled for tonight, the total approved debt to be issued for the 2019 capital plan is $9,581,400. Funding of $6,397,000 will be needed in 2019 and $3,058,000 will be issued in 2020. The information technology project will be funded with fund balance and will not require bonding. The proposed financing schedule provided by Capital Markets, the Town's financial advisor is as follows: Information request: July 17th Town returns info: July 29th Draft POS: August 6th Rating Call: Week of August 12th Mail POS: August 15th Sell Bonds: August 27th Close Bonds: September 10th TOWN OF MAMARONECK TOWN - APPROVED APPROVED AUTHORIZED I _- PRO! BOARD i PROTECT DESCRIPTION FUND RES0111TION FUNDING J BANS/BONDS BANS/BONDS BANS/BONDS I SOURCE PPU Total Project Costs Transfers Grants rAMOUNT TO BE ISSUED OUTSTANDING NOTES 2019-06 HIGHWAY VEHICLES&EQUIPMENT 2/20/2019 BANS/BONDS 15 $ 424,000 $ 424,000 $ 424,0005 10 wheel dump truck/so/00d.-5260,000 , Heavy duty utility truck-$70,000 DB 12)heavy duly daw-$50,000 UFht duty pickup truck-$30,000 Cont./Bond costs 3.5%-$10,000 - 2019-04 ROADS,SIDEWALKS&CURBS 2019 BGT TSF FR HWY $ 171,000 $ 311,000 $ - DB $ 1,265,000 Added Feinmore Rd/Murdock Woods Roads-Con Ed 5 783,000 5 783,000 • Pang various roads-$552,000 2/20/2019 BANS/BONDS 15 Reimbursement$311k and Town additional$386k _ Cont./Bond costs 3.5%-$16,000 2019-62 WAVERLY AVENUE BRIDGE IMP. 2/20/2019 BANS/BONDS $ 124,200 5 124,200 $ - • Estimated pro).o cost-$1,995,000 A 2/20/2019 NYS GRANT $ 1.999.200 $ 1,750,000 Cont./Bond costs 3.5%-$4,200 2/20/2019 MISC/ESCROW 20 $ 125,000 2019-63 HILLSIDE AVENUE BRIDGE IMP. A 2/20/2019 BANS/BONDS 20 $ 207,000 $ 207,000 $ 207,000 $ - Applying for State grant • Estimated proj.ct cost-$200,000 Cont./Bond costs 3.5%-$7,000 2019-64 SIDEWALK EXT-E HICKORY GROVE DR 2/20/2019 BANS/BONDS 10 5 266,300 $ 226,300 $ 226,300 $ - Added$40k based on current estimate • Estimated project cost-$180,000 DR Cont./Bond torts 3.5%-$6,300 2018-61 TRAFFIC SIGNAL IMPROVEMENTS 2/20/2019 BANS/BONDS _ 20 $ 1,116,000 5 866,000 $ 866,000 Project will begin in 2020-Bond in 2020 • Madison B N.wlef.rson mitt signs i 6 B 4/18/2018 MISC-Cambian $ 250,000 • boulevard Improvements-51,087 000 Cant./Bond costs 3.5%-$29,000 2019-29 FIRE HQ LOWER LEVEL RENOVATION BANS/BONDS 20 $ 2,525,000 $ 2,475,000 $ 2,475,000 5 SF Bal Project 2012015.29 $ 50,000 • Estimated protect cost-$1,400,000 (PENDING REFERENDUM) _ • Cont./Bond costs 3.5%-$50,000 2019-24 ICE RINK IMPROVEMENTS 2/20/7019 BANS/BONDS 25 $ 1,313,000 5 1,238,000 5 200,000 5 1,038,000 2019 Bond for design costs;balance in 2020 A 2/20/2019 TRUST FUND $ 75,000 2019-66 COMPREHENSIVE PLAN 2/20/2019 BANS/BONDS 5 $ 248,000 $ 248,000 $ 180,000 $ 68,000 Current estimate lower than originally planned ,Estimated project cost-$240,000 A Cont./Bond costs 3.5%-58,000 1346-12 NEW KENILWORTH WATER TANK 2/20/2019 BANS/BONDS 40 $ 798,500 $ 798,500 5 798,500 S Estimated prol.d cost-5773,500 SW Cont./Bond costs 3.5%-$25,000 l l T 1348-12 WATER INFRASTRUCTURE('18 PAVING) 2/20/2019 BANS/BONDS 40 $ 479,000 $ 479,000 $ 479,000 $ - Estlmated project cost-$125,000 SW Cont./Bond costs 3.5X-$4,000 I:\DEBT SERVICE\2019\BOND ISSUE-2019 CAPITAL PROJECTS TOWN OF MAMARONECK _ TOWN APPROVED APPROVED AUTHORIZED PROJ. BOARD FUNDING BANS/BONDS BANS/BONDS BANS/BONDS R —; B !PROJECT DESCRIPTION FUND RESOLUTION SOURCE PPU Total Project Costs Transfers Grants AMOUNT TO BE ISSUED OUTSTANDING NOTES 1352.12 RYE LAKE U.V.FACILITY 2/20/2019 BANS/BONDS 40 $ 1,586,000 $ 1.5B6,000 $ 500,000 $ 1,086,000 2019 bond for design;2020 remaining balance Estimated protect cost-$1,536,000 SW Cant./Bond costs 3.5%•$50,000 201919 COMPUTER SOFTWARE 5 $ 227,400 $ 126,400 Use Fund Balance and rescind the bond resolution BONDS Laserfiche Public Portal-$61,000-Gen Fund A 2/20/2019 BANS/BONDS BONDS Office 2019&Windows 10-$61,200-GEN Fund A 2/20/2019 BANS/BONDS Town Clerk Alarm Billing-$19,200 A 2019 BGT _ TSF FR GEN TN $ 19,200 • Roc Tow(Recreation)-011,500 A 2019 ROT TSF FR GEN TN _ $ 11,500 Town Clerk Online Parking Permit W.Rlist-$8,900 A 2/20/2019 TSF FR GEN TN $ 8,900 Enterprise Encryption Software-$5,100 A 2019 BGT TSF FR GEN TN $ 3,570 Win 10 GPO-59,800 A 2019 ROT TSF FR GEN TN $ 6,860 • Win 10 GPO-59,800 B 2019 BGT TSF FR PART TN $ 2,940 • Enterprise Encryption Software-05,100 B 2019 BGT TSF FR PART TN $ 1,530 B'Police Impact vCAD-$38,000 0 2019 BGT TSF FR PART TN $ 38,000 • SF, Cameras(Flre)-$8,500 SF 2019 BGT TSF FR FIRE $ 8,500 Cont./Bona costs 3.55 $4,200 __ BANS/BONDS $ 4,200 ** GRAND TOTALS: $ 12,454,400 $ 401,200 $ 2,436,000 $ 9,581,400 $ 6,397,000 $ 3,058,000 I:\DEBT SERVICE\2019\BONI 2019 CAPITAL PROJECTS TOWN BOARD MEETING WORK SESSION AGENDA July 24, 2019 #6: Update- EV Charging Stations No Attachment Town of Mamaroneck —7 —D-1-1- —1 (} crtrel________ From: Tracy Yogman-Town Comptroller Re: Fire Claims Date: July 24,2019 The following Town of Mamaroneck Fire Department claims have been certified by Chief Joseph Russo and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount AM Emergency Supply Co. Hydrotest,refill Scott Air cylinders $ 270.00 Amazon.Com Supplies $ 193.06 Atlantic Westchester Replace circuit board on 2nd floor furnace,blower motor,wheel&capacitor for furnace $ 2,156.96 Brown&Brown of NY Inc. Adding new 2019 Seagrave fire apparatus to insurance policy $ 1,502.00 Broderick,Thomas Supplies-Roof shingles $ 134.38 Cablevision Cable services for 6/23/19-7/22/19 $ 197.65 Chatsworth Cleaners Uniform cleaning May&June 2019 $ 91.64 FireCompanies.Com Platinum Package-website hosting&maintenance 5/1/19 $ 209.97 Fire-End&Croker Corp. Fire Hero Extreme 7M boots $ 372.68 Galls,LLC Uniforms-tactical pants/shorts $ 168.83 Grainger Floor cleaner $ 49.55 Home Depot Supplies to move ice machine $ 249.55 Inter-State Diagnostic,Inc. Hepatitis Vaccines $ 320.00 KVI Uniforms&Equipment,Inc Tees,turtlenecks,fleece pants,jackets $ 988.00 KVI Uniforms&Equipment,Inc Pants and shorts $ 491.90 Liftoff,LLC Exchange Online Plan2 -7/1/19-6/30/20 $ 2,520.00 Mars International Freight Service-Xerox Copier $ 195.00 Minerva Cleaners Bunker coat-liner inspection&repairs $ 77.00 New England Uniform Dress uniforms $ 810.00 Ready Refresh Water cooler rental 5/19/19-6/18/19 $ 122.96 Seagrave Fire Apparatus LLC. Rental of Seagrave Loaner Ladder-May 2019 $ 7,500.00 The Flower Bar Wreath for VFW ceremony $ 162.00 Tony's Nursery Inc. 2 Hanging Baskets-Memorial Service $ 42.93 Town of Mam'k Fire Dept. Food for 2231 KME E36 trip inspection(Russo,Collins,Pinto) $ 32.34 Town of Mam'k Fire Dept. Gas for 2231 KME E36 trip inspection(Russo,Collins,Pinto) $ 40.57 Town of Mam'k Fire Dept. Food for Officers meeting 7/8/19 $ 217.47 Town of Mam'k Fire Dept. Ems Self Defense Course-Brady&Napolitano $ 100.00 UniFirst Corporation Cleaning Supplies 6/14,6/21,6/28,7/5,7/12/19 $ 480.54 Verizon Fire HQ Svc 7/10/19-8/9/19 $ 261.50 Verizon TMFD 300M Fios Redundant Circuit 6/25/19 $ 271.06 Villa Maria Pizza Food for Fast Drill 6/26/19,Engine&Truck Ops-Dept Drill 6/18/19 $ 215.03 Westech Elevator Services,Inc. Maintenance for month of July 2019 $ 175.00 WJWW Water Charges-205 Weaver St-5/26/19-6/25/19-Sprinkler system $ 33.05 WJWW Water Charges-205 Weaver St-5/23/19-6/25/19-Water service for building $ 152.13 Total $ 20,769.90 APPROVED BY RESOLUTION -- _ I OF BOARD OF FIRE COMMISSIONERS MOTION OF SECON ED/�`� DATE 02 � p //✓' KL.§./ V 1 YoF 6i- O 9 0 0 Town of Mamaroneck 24- u 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: Re-appointment- Town Assessor Date: July 19, 2019 Under New York State Law, Assessors in Towns are appointed for a term of six years. The terms run from October 1, through September 30. Pamela will complete her most current term on September 30, 2019. During her term, she has done a superb job administering the property assessment function for the Town. The Town has completed a full four-year cycle revaluation project to maintain the accomplishments made in the original revaluation in 2013. Pamela's day to day administration of the Assessor's office has also been excellent. REQUESTED ACTION- THAT THE TOWN BOARD RE-APPOINT PAMELA VALENZA FOR A NEW SIX YEAR TERM TO RUN FROM OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2025. Stephen V. Altieri Town Administrator MOTION OF SECONDED Y 1/ isPrinted on Recycled Paper Ph)t <, O o Town of Mamaroneck 7- 2 `i, /91 m Town Center S () h- 7 740 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- Authorization- IMA Westchester Joint Water Works- Rye Lake Filtration Plant Grant Date: July 19, 2019 The Westchester Joint Water Works (WJWW) has applied for a grant to the New York State Environmental Facilities Corporation. If the application is accepted the WJWW would receive grant funding to offset a portion of the costs associated with the construction of an ultraviolet filtration plant at Rye Lake. Because the WJWW is a consortium of communities, the Environmental Facilities Corporation requires, as part of the grant process, an inter-municipal agreement between the WJWW and the participating communities. The agreement is to insure the member municipalities commitment to financing their individual shares of the project. REQUESTED ACTION: THAT THE TOWN BOARD APPROVE THE INTERMUNICIPAL AGREEMENT WITH THE WJWW FOR IN CONNECTION WITH A GRANT APPLICATION TO THE NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION FOR FUNDING FOR TH ' LAKE ULTRAVIOLET FILTRATION PLANT J < Stephen V. Altieri Town Administrator MOT ON OF SEC NDED BY is Printed on Recycled Paper AGREEMENT THIS AGREEMENT made the day of , 2019 by and among the following: THE VILLAGE OF MAMARONECK, a municipal corporation of the State of New York having an office and place of business at 123 Mamaroneck Avenue, Mamaroneck, New York (the "Village"); and THE TOWN OF MAMARONECK, a municipal corporation of the State of New York,having an office and place of business at 740 West Boston Post Road,Mamaroneck,New York 10543 (the"Town"); and THE TOWN/VILLAGE OF HARRISON, a municipal.corporation of the State of New York, having an office and place of business at 1 Heineman Place, Harrison,New York 10538 ("Harrison",and together with the Village and Town,the "Parties"); and WESTCHESTER JOINT WATER WORKS, a public benefit corporation of the State of New York having an office and principal place of business at 1625 Mamaroneck Avenue, Mamaroneck, New York 10543("WJWW"). WHEREAS,the Parties are the member municipalities of the WJWW("Member Municipalities"); and WHEREAS, on behalf of its Member Municipalities,the WJWW has submitted an application for the Water Infrastructure Improvement Act (WIIA) Grant and the Intermunicipal Water Infrastructure Grant administered by the NYS Environmental Facilities Corporation for its Rye Lake Ultraviolet Plant Project("Project");and WHEREAS, the Parties have agreed to share the cost and debt related to the project based upon the structure of the WJWW as set forth in its enabling legislation. {00932558.docx.} NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS 1. The Village,the Town and Harrison will each be responsible for its respective share of the cost of the project and related financing as determined by each Party's percentage share ofthe total gallons of water sold within the three (3) member municipalities for the most recent year for which there is an audited financial statement. Based on the 2017 audited financial statement, the percentages are as follows: (a) Village of Mamaroneck- 26.8%; (b) Town of Mamaroneck - 19.2%; and (c) Town/Village ofHarrison- 54.0% 2. Each Party will adopt a Bond Resolution to provide funding should it be necessary, for its entire share of the project. Based on a $8,000,000.00 total estimated project cost, the shares are as follows: (a) Village of Mamaroneck $2,144,000.00; (b) Town of Mamaroneck $1,536,000.00; and (c) Town/Village of Harrison $4,320,000.00 3. If the grant application is approved,proceeds will be used to reduce the debt used to reimburse the WJWW for costs directly incurred by it related to the project and for any costs related to the project charged back to the WJWW Member Municipalities; THIS AGREEMENT shall be approved by each Party's governing board and shall be executed by the Chief Executive Officer of each Member Municipality. THIS AGREEMENT may be executed simultaneously in several counterparts,each of which shall be an original and all of which shall constitutebut one and the same instrument. IN WITNESS WHEREOF, the below listed parties have caused this Agreement to be executed as of the date first written above. {00932558.docx.} THE VILLAGE OF MAMARONECK By Name: Title: Authorized by action of the Village Board dated : THE TOWN OF MAMARONECK By Name: Title: Authorized by action of the Village Board dated : TOWN/VILLAGE OF HARRISON By Name: Title: Authorized by action of the Harrison Board dated : WESTCHESTER JOINT WATER WORKS By Name: Title: {00932558.docx.} F . O 9 ? i Q 0 Town of Mamaroneck '� 7 m Town Center , 7 740 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- IMA- Village of Scarsdale Hearing of Property Tax Assessment Grievance Date: July 19, 2019 The Town has received a request from the Village of Scarsdale to hear a property assessment grievance. The grievance has been filed by a member of the Village of Scarsdale Board of Trustees. As would be the practice, the local Board of Assessment Review should not hear such an application and thus the matter is referred to another community. The Town has previously worked with the Village of Scarsdale on this type of agreement. Attached is a draft agreement between the Town and the Village. It has been reviewed and found acceptable by the Town Assessor and Town Attorney. REQUESTED ACTION: THAT THE TOWN BOARD APPROVE THE PROPOSED IMA BETWEEN THE TOWN OF MAMARONECK AND VILLAGE OF SCARSDALE FOR THE TOWN TO HEAR A PROPERTY TAX GRIEVANCE APPLICATION FILED BY A VILLAGE BOARD MEMBER AND THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO EXECUTE THE AGREEMENT. / Stephen V. Altieri Town Administrator MOTION OF SECONDED BY Irr • rJ • iit Printed on Recycled Paper AGREEMENT PURSUANT TO SECTION 523 OF THE NEW YORK STATE REAL PROPERTY TAX LAW BETWEEN THE TOWN OF MAMARONECK AND THE TOWN OF SCARSDALE FOR THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF MAMARONECK TO HEAR A TAX ASSESSMENT GRIEVANCE FILED BY A CURRENT MEMBER OF THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE/TOWN OF SCARSDALE THIS AGREEMENT(the"Agreement") is made this day of 2019, by and between the Town of Mamaroneck("Mamaroneck"), a municipal cooperation organized and existing under the laws of the State of New York, with its principal place of business located at 740 West Boston Post Road, Mamaroneck,New York, and the Town of Scarsdale ("Scarsdale"), a municipal corporation organized and existing under the laws of the State of New York, with its principal place of business located at 1001 Post Road, Scarsdale,New York,with regard to the hearing and determination of an assessment challenge filed by a current member of the Scarsdale Board of Trustees. WHEREAS, General Municipal Law § 119-o authorizes a municipality to enter into or assign a municipal function to another municipality by executing an inter-municipal agreement with that municipality, and WHEREAS, a member of the Scarsdale Town Board has a direct or indirect interest in a property for which a complaint has been filed and New York State Real Property Tax Law § 523 authorizes the execution of an inter-municipal agreement with another municipality in the county to permit the hearing of the complaint in the other municipality, and; WHEREAS, Lena Crandall, a Scarsdale resident and property owner, was elected to the position of Village Trustee and has served in that capacity since April 2018, and WHEREAS,Rochelle Waldman, a Scarsdale resident and property owner, was elected to the position of Village Trustee and has served in that capacity since April 2019, and WHEREAS,the Town/Village of Scarsdale are coterminous and in accordance with Village Law § 17-1708,members elected to the position of Village Trustee also serve as members of the Town Board, and WHEREAS,Jeffrey Crandall filed a complaint to challenge the 2019 tentative assessment for the property he resides in with his wife, Lena Crandall, the owners of record for the property, located at 227 Fox Meadow Road, Scarsdale,New York 10583, further identified as Section 04, Block 01, Lot 794 on the Town of Scarsdale Tax Map("Property"), and WHEREAS,Joshua Waldman and Rochelle Waldman filed a complaint to challenge the 2019 tentative assessment for the property they own located at 86 Spier Road, Scarsdale,New York 10583, further identified as Section 19, Block 02, Lot 418 on the Town of Scarsdale Tax Map ("Property") WHEREAS,the Village Attorney, appointed by the Village Board of Trustees, also serves as Counsel to the Town of Scarsdale and may be called upon to advise, appear, and defend grievances and SCAR proceedings involving the Town of Scarsdale, and WHEREAS,the Town Assessor is appointed by the Town Board, of which, Lena Crandall and Rochelle Waldman are members, and together with Counsel to the Town,is charged with the responsibility of defending grievances and SCAR petitions, and WHEREAS,the Board of Assessment Review of the Town of Scarsdale hears grievances filed by owners of real property located within the Town of Scarsdale, and WHEREAS,the members of the Board of Assessment Review of the Town of Scarsdale are appointed by the Town Board of the Town of Scarsdale, and WHEREAS,pursuant to New York State Real Property Tax Law § 523, Lena Crandall in her role as a member of the Board of Trustees of the Village of Scarsdale,has a direct interest in said complaint as the wife of Jeffrey Crandall and part owner of the Property located at 227 Fox Meadow Road, and WHEREAS,pursuant to New York State Real Property Tax Law § 523, Rochelle Waldman in her role as a member of the Board of Trustees of the Village of Scarsdale,has a direct interest in said complaint as the part owner of the Property located at 86 Spier Road, and WHEREAS,to avoid a conflict of interest, or the appearance of impropriety on the part of the Scarsdale Board of Assessment Review,the Town of Mamaroneck's Board of Assessment Review has agreed to hear the complaints of Jeffrey and Lena Crandall and Joshua and Rochelle Waldman and render a decision on such complaints, which will be upheld by the Scarsdale Board of Assessment Review, now therefore be it; RESOLVED,in exchange of the mutual covenants expressed, the Town of Mamaroneck and the Town of Scarsdale agree as follows: 1. The Scarsdale Town Assessor shall refer Petitioners' 2019 grievances and SCAR petitions, should any be filed,to the Town of Mamaroneck to take any and all appropriate action, including defending the 2019 property assessment. 2. a) Scarsdale grants the Assessor for the Town of Mamaroneck the authority to take any and all appropriate action to defend the Properties' 2019 assessment before the Mamaroneck BAR and in Court in a SCAR proceeding should the petitioner file a SCAR proceeding challenging the Properties' 2019 assessment. b) Scarsdale also grants the Mamaroneck Assessor the authority to negotiate a resolution of the Petitioners' Grievances and will abide by and/or approve any settlement that the Mamaroneck Assessor may reach with the Petitioners or his/her representative. c) If the Mamaroneck Assessor deems an appraisal of the Properties be necessary, Mamaroneck shall order such appraisal and Scarsdale shall reimburse Mamaroneck for the cost of such appraisal. Scarsdale also shall pay Mamaroneck for any and all costs in connection with Mamaroneck Assessor's time, and for additional appraisals, if needed. 3. This Agreement shall terminate and all obligations that the Mamaroneck Assessor must perform hereunder shall cease if(a)the Petitioners do not file a SCAR proceeding or commence a proceeding pursuant to Article 7 of the Real Property Tax Law after the Mamaroneck Board of Assessment Review(BAR)renders its decision on the Petitioners' Grievances or(b) a SCAR proceeding is adjudicated by the Supreme Court of the State of New York or(c)the Mamaroneck Assessor negotiates a resolution of the Petitioners' Grievances or(d)the Petitioners commence either(i) a proceeding pursuant to Article 7 of the Real Property Tax law after the Mamaroneck BAR renders its decision on the Petitioners' Grievances, (ii) an Article 78 proceeding challenging the determination made by the Supreme Court of the State of New York in a SCAR proceeding or(iii) any other litigation challenging the Properties' 2019 assessment, it being understood that this Agreement does not authorize or require the Mamaroneck Town Board, the Mamaroneck Assessor, the Mamaroneck Board of Assessment Review or any of its other officers, employees, consultants, representatives, attorneys or volunteers to represent the Town of Scarsdale in any litigation other than the Mamaroneck Assessor representing the Town of Scarsdale in a SCAR proceeding brought by Petitioners to challenge the Properties' 2019 assessment. 4. The respective representatives of each municipality, who execute this Agreement on behalf of their respective municipal corporations, are duly authorized and empowered to execute this Agreement. 5. Any and all notices, communications,payments and demands required under this Agreement shall be made in writing, addressed as follows, or to such other address as may be hereafter designated, in writing,by each party hereto. a. To Mamaroneck: Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck,New York 10543 b. To Scarsdale: Town/Village Manager Town/Village of Scarsdale 1001 Post Road Scarsdale,New York 10583 6. This Agreement contains the entire understanding of the parties who hereby acknowledge that there has been and are no representations, warranties, covenant or understandings other than those expressly set forth herein. 7. Neither this Agreement nor any provision hereof, shall be amended or modified, or deemed amended or modified, except by an agreement in writing duly subscribed and acknowledged by all parties to this Agreement with the same formality as this Agreement. 8. This Agreement shall be binding upon, and for the benefit of, the parties, their heirs, successors and assigns. f -/ 9. All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the State of New York. IN WITNESS THEREOF,Towns of Mamaroneck and Scarsdale have agreed to the terms and conditions set forth therein. Stephen M. Pappalardo, Town/Village Manager Date Stephen V. Altieri, Town Administrator Date 0 , Town of Mamaroneck County of Westchester - 7 740 West Boston Post :• • •c 1. 10543-3353 s s i • g SEM ED B / COUNSEL I \ L ) TEL 914 381-7815 FA : 914/381-7809 K K S 4 wmaker@tow, fmamaroneck.org ORANDUM To: Members of the Town Board cc: Stephen V. Altieri,Town Administrator Christina Battalia, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Regulation of parking in the vicinity of the Larchmont train station Date: June 28, 2019 I attach the revisions to the proposed local law, both in redlined and non-redlined form. This revision was created by first accepting the changes to the current law made by the June 14 draft and adding new changes. The highlights of the new changes are: • Eliminate from the alternate side one-hour parking restriction those streets where there already are time limits on parking on the theory that(a)those limits have prevented illegal parking and are expected to continue to do so and (b) changes to current parking restrictions should be kept to a minimum. • Since parking on side of Hillcrest Avenue and one side of a section of Edgewood Avenue is prohibited at all times, place a 2-hour time limit on parking during a 3-hour period on the side where parking is permitted. In this way, a person can move his/her car from one spot on the street to another to avoid being parked in one spot for more than the allowable time. • Add time limited parking to the section of Madison Avenue that is in essence an extension of Lafayette Road. • Remove the parking restriction for holidays. If the draft is acceptable for public discussion,the Board may decide to set a public hearing to consider whether the law should be adopted. 411 is Printed on Recycled Paper Local Law No. - 2019 This local law shall be known as the "Parking Prohibited on Certain Sides of Certain Streets at Certain Times" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —Purpose: The Town Board finds that the proliferation of parked cars in the section of Town that lies within one-half mile of the Larchmont Metro-North Train Station has caused congestion on the streets and hazardous conditions for pedestrians and motorists alike. To establish control and restore safe conditions to this area of Town, the Town Board enacts this local law that amends the current law to prohibit parking for one hour of each weekday on each side of each street in this area. Section 2—Amendment of a current section of the Mamaroneck Code: Section 219-20 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 219-20. Parking prohibited certain times. No motor vehicle shall be parked, unless otherwise indicated, upon any of the public highways or parts of public highways described below, between the hours specified below. Name of public Direction of highway Travel Location Hours Days All roads in All On public highways, except 3:00 a.m. to All Unincorporated those public highways 6:00 a.m. Town of designated in § 219-21 Mamaroneck Alden Road South That section of the west side 9:00 a.m. to Tuesday from Boston Post Road to 12:00 noon Copley Road where parking is permitted at other times Birch Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday, except holidays Birch Road South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday, except holidays Birchfield Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday, except holidays Name of public Direction of highway Travel Location Hours Days Birchfield Road South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday, except holidays Bryson Street East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday, except holidays Bryson Street West That section of the north 2:00 p.m. to Monday through side where parking is 3:00 p.m. Friday, except permitted at other times holidays Burton Road North East side from the driveway 9:00 a.m. to Wednesday entrance of the 12:00 noon southernmost parking garage to the beginning of the section where parking is prohibited at all times. Burton Road South West side from Palmer 9:00 a.m. to Thursday Avenue to the beginning of 12:00 noon the section where parking is prohibited at all times. Byron Lane East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday, except holidays Byron Lane West North side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday, except holidays Colonial West North side from Murray 7:30 a.m. to School Days, Avenue Avenue to Daymon Terrace 9:00 a.m. and except holidays 2:00 p.m. to 3:30 p.m. Colonial West North side from the 7:30 a.m. to School Days, Avenue driveway of the home at 85 9:00 a.m. and except holidays Colonial Avenue to 2:00 p.m. to Daymon Terrace 3:30 p.m. Copley Road North From Alden Road to the 9:00 a.m. to Tuesday southern property line of 10 12:00 noon Copley Road Dante Street East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday, except holidays 2 Name of public Direction of highway Travel Location Hours Days Dante Street West North side for its entire 2:00 p.n. to 3:00 Monday through length p.m. Friday, except holidays Daymon South East side from Senate Place School Times School Days Terrace to Colonial Avenue Dillon Road North East side from Boston Post 9:00 a.m. to Tuesday Road to Edgewater Place 12:00 noon Dimitri Place East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday, except holidays Dimitri Place West North side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday, except holidays Echo Lane North East side for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday, except holidays Echo Lane South West side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Edgewood East That section of the south 9:00 a.m. to Monday through Avenue side from North 10:00 a.m. Friday, except Chatsworth Avenue to holidays Judson Street where parking is permitted at other times Edgewood West That section of the north 12:00 noon to Monday through Avenue side from North 1:00 p.m. Friday, except Chatsworth Avenue to holidays Judson Street where parking is permitted at other times Emerson Road North East side for its entire length 10:00 a.m. to Monday through 11:00 a.m. Friday, except holidays Emerson Road South West side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Fern Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday, except holidays Fern Road South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday, except holidays 3 Name of public Direction of highway Travel Location Hours Days Forest Avenue East That section of the south 10;00 a.m. to 12 Monday through side where parking is noon Friday, except permitted at other times holidays Forest Avenue West That section of the north 12 noon to 1:00 Monday through side where parking is p.m. Friday, except permitted at other times holidays France Place North East side for its entire length 10:00 a.m. to Monday through 11:00 a.m. Friday, except holidays France Place South West side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Glenn Road East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday, except holidays Glenn Road West North side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday, except holidays Hillside Road West North side for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday, except holidays Hillside Road East South side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Homer Avenue East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday, except holidays Homer Avenue West North side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday, except holidays Huguenot Drive West, then South side for its entire 10:00 a.m. to Monday through North length 11:00 a.m. Friday, except holidays Huguenot Drive South, then North side for its entire 1:00 p.m. to Monday through East length 2:00 p.m. Friday, except holidays Judson Street North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Judson Street South West side for its entire 12:00 noon to Monday through length 1:00 p.m. Friday Laurel Avenue West North side from Thompson 9:00a.m. to Monday through Street to the end of the 10:00a.m. Friday, except paved surface holidays 4 r Name of public Direction of highway Travel Location Hours Days Laurel Avenue East South side from Thompson 12:00 noon to Monday through Street to the end of the 1:00p.m. Friday, except paved surface holidays Leafy Lane East That section of the south 9:00 a.m. to Monday through side where parking is 10:00 a.m. Friday, except permitted at other times holidays Leafy Lane West That section of the north 12:00 noon to Monday through side where parking is 1:00 p.m. Friday, except permitted at other times holidays Lester Place Both South side for its entire 9:00a.m. to Wednesday length noon Lookout Circle North, then East and south sides for its 10:00 a.m. Monday through East entire length to 11:00 Friday, except a.m. holidays Lookout Circle West, then West and north sides for its 1:00 p.m. Monday through South entire length to 2:00 p. Friday, except m. holidays Maple Hill East South side for its entire 10:00 a.m. Monday through Drive length to 11:00 Friday, except a.m. holidays Maple Hill West North side for its entire 1:00 p.m. Monday through Drive length to 2:00 p. Friday, except m. holidays Maplewood North East side for its entire length 11:00 a.m. Monday through Street to 12 noon Friday, except holidays Maplewood South West side for its entire 2:00 p.m. Monday through Street length to 3:00 Friday, except p.m. holidays Mountain East South side for its entire 10:00 a.m. Monday through Avenue length to 11:00 Friday, except a.m. holidays Mountain West North side for its entire 1:00 p.m. Monday through Avenue length to 2:00 Friday, except p.m. holidays Murray Avenue South That section of the west side 10:00 a.m. Monday through from Bryson Street to Leafy to 11:00 Friday, except Lane where parking is a.m. holidays permitted at other times Murray Avenue North That section of the east side 1:00 p.m. Monday through from Bryson Street to Leafy to 2:00 Friday, except Lane where parking is p.m. holidays permitted at other times 5 Name of public Direction of highway Travel Location Hours Days Murray Avenue South West side from Leafy Lane 9:00a.m. to First Friday of to Myrtle Boulevard 11:00a.m. each month Murray Avenue North East side from Leafy Lane 9:00a.m. to Second Friday of to Myrtle Boulevard 11:00a.m. each month Murray Avenue South West side from Bryson 8:00 a.m. to School days Street for a distance of one- 9:00 a.m. and hundred and ninety eight 2:30 p.m. to (198) feet toward Forest 3:30 p.m. Murray Avenue North East side for a distance of 8:00 a.m. to School Days one hundred fifty (150) 4:00p.m. feet from Forest Avenue between Murray Avenue South West side from Forest 8:00 a.m. to School days Avenue for a distance of 9:00 a.m. and one-hundred and seventy 2:30 p.m. to five (175) feet toward 3:30 p.m. Bryson Street Murray Avenue South West side commencing at a 8:00 a.m. to School Days point three hundred and 4:00 p.m. sixty five (365) feet north from Bryson Street for a distance of one-hundred and forty (140) feet toward Forest Avenue to a point ending two hundred and forty five (245) from Forest Avenue Myrtle East North side from Murray 9:00 a.m. to Monday Boulevard Avenue to Weaver Street 10:00 a.m. through Friday, except holidays Myrtle West South side from Murray 2:00 p.m. to Monday Boulevard Avenue to Weaver Street 3:00 p.m. through Friday, except holidays New Jefferson South West side for its entire 9:00a.m. First Tuesday Street length to11:00a.m. of each month New Jefferson North East side for its entire length 9:00a.m. to Second Tuesday Street 11:00a.m. of each month Normandy North East side for its entire length 10:00 a.m. Monday through Road to 11:00 Friday a.m. 6 Name of public Direction of highway Travel Location Hours Days Normandy South West side for its entire 1:00 p.m. Monday through Road length to 3:00 Friday, except p.m. holidays North North That section of the east side 10:00 a.m. Monday through Chatsworth from the point where the to 11:00 Friday, except Avenue WS Residential Area (as a.m., holidays defined in § 219-62) ends to Forest Avenue where parking is permitted at other times North South That section of the west side 1:00 p.m. Monday through Chatsworth from Forest Avenue to the to 2:00 Friday, except Avenue point where the WS p.m. holidays Residential Area(as defined in § 219-62) begins where parking is permitted at other times North North That section of the east side 9:00a.m. to First Thursday of Chatsworth from Myrtle Boulevard to 11:00a.m. each month Avenue the northern boundary of 40 North Chatsworth Avenue where parking is permitted at other times North South That section of the west side 9:00a.m. Second Thursday Chatsworth from the northern boundary to11:00a.m. of each month Avenue of 35 North Chatsworth to Myrtle Boulevard where parking is permitted at other times Orsini Drive North East side for its entire length 11:00 Monday through a.m. to Friday, except 12 noon holidays Orsini Drive South West side for its entire 2:00 Monday through length p.m. to Friday, except 3:00 holidays p.m. Overlook South, then West and south sides for its 9:00 a.m. Monday through Terrace East, then entire length to 10:00 Friday, except North a.m. holidays Overlook South, then East and north sides for its 12:00 Monday through Terrace West, then entire length noon to Friday, except North 1:00 holidays p.m. 7 Name of public Direction of highway Travel Location Hours Days Palmer Avenue East South side from the 8:00a.m. Monday through driveway entrance to to Friday, except Mamaroneck High School 5:00p.m. holidays for a distance of ninety (90) feet toward Richbell Road Poplar Road North East side for its entire length 10:00 a.m. to Monday through 11:00 a.m. Friday, except holidays Poplar Road South West side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Preston Street North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday, except holidays Preston Street South West side for its entire 12:00 noon to Monday through length 1:00 p.m. Friday, except holidays Richbell Road North East side from Palmer 9:00a.m to Wednesdays Avenue to the boundary line 12:00 noon of the Village of Mamaroneck Richbell Road South West side from Palmer 9:00 a.m. to Thursdays Avenue to the boundary line 12:00 noon of the Village of Mamaroneck Rochelle Road East South side for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday, except holidays Rochelle Road West North side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Rockingstone North From North Chatsworth 10:00 a.m. to Monday through Avenue Avenue to Forest Avenue 11:00 a.m. Friday, except holidays Rockingstone South From Forest Avenue to 1:00 p.m. to Monday through Avenue North Chatsworth Avenue 2:00 p.m. Friday, except holidays Senate Place North East side for its entire length 8:00 a.m. to School days 4:00p.m. Seton Road East South side for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday, except holidays 8 Name of public Direction of highway Travel Location Hours Days Seton Road West North side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Sheldrake North East side from Forest 8:00a.m. to School days Avenue Avenue to Holly Place 9:00a.m. and from 2:30p.m. to 3:30p.m. Springdale North East side for its entire length 10:00 a.m. to Monday through Road 11:00 a.m. Friday, except holidays Springdale South West side for its entire 1:00 p.m. to Monday through Road length 2:00 p.m. Friday, except holidays Spruce Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday, except holidays Spruce Road South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday, except holidays Thompson North East side for its entire 9:00a.m. to Monday through Street length 10:00a.m. Friday, except holidays Thompson South West side for its entire 12:00 noon to Monday through Street length 1:00p.m. Friday, except holidays Valley Road North East side for its entire length 11:00 a.m. Monday through to 12:00 noon Friday, except holidays Valley Road South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday, except holidays Varela Lane North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday, except holidays Varela Lane South West side for its entire 12:00 noon Monday through length to 1:00 Friday, except p.m. holidays Washington South East side for its entire length 9:00a.m. to Second Monday Square 11:00a.m. of each month Washington South West side for its entire 9:00a.m. to First Monday of Square length 11:00a.m. each month 9 Name of public Direction of highway Travel Location Hours Days Wildwood Road East South side for its entire 10:00 a.m. to Monday through length 11:00 p.m. Friday, except holidays Wildwood Road West North side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Section 3—Amendment of a current section of the Mamaroneck Code: Section 219-22 of the Code of the Town of Mamaroneck hereby is add the following to the table within that section in its proper alphabetical position: Name of Public Direction of Time Limit Hours/Days Location Highway Travel (hours) Edgewood West 2 8:00 a.m. to North side from Avenue 11:00 a.m. Weaver Street to its terminus Hillcrest Avenue West 2 8:00 a.m. to North side for its 11:00 a.m. entire length Madison Avenue Both 2 8:00 a.m. to 5:00 Both sides from p.m. Lafayette Road to Fifth Avenue Section 4— 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 the streets identified in sections 2 and 3 of this Local Law indicating where and when parking is prohibited or limited by this law. Section 5—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 6—Effective Date: This Local Law shall become effective upon filing with the Secretary of State???????7????????????????????????????????????????????????????????????????7???????????? 10 CREATED June 28, 2019 BY FIRST ACCEPTING CHANGES TO THE CURRENT LAW MADE BY THE JUNE 14, 2019 DRAFT AND ADDING NEW EDITS. 11 Local Law No. -2019 This local law shall be known as the "Parking Prohibited on Certain Sides of Certain Streets at Certain Times" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —Purpose: The Town Board finds that the proliferation of parked cars in the section of Town that lies within one-half mile of the Larchmont Metro-North Train Station has caused congestion on the streets and hazardous conditions for pedestrians and motorists alike. To establish control and restore safe conditions to this area of Town, - . . • - - . . • . • . . . • - -• - - - -• • - - - . •- • . . . . •---, the Town Board enacts this local law that amends the current law to prohibit parking for one hour of each weekday on each side of each street in this area. Section 2—Amendment of a current section of the Mamaroneck Code: Section 219-20 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 219-20. Parking prohibited certain times. No motor vehicle shall be parked, unless otherwise indicated, upon any of the public highways or parts of public highways described below, between the hours specified below. Name of public Direction of highway Travel Location Hours Days All roads in All On public highways, except 3:00 a.m. to All Unincorporated those public highways 6:00 a.m. Town of designated in § 219-21 Mamaroneck Alden Road South That section of theWwest 9:00 a.m. to Tuesday side from Boston Post Road 12:00 noon to Copley Road where parking is permitted at other times Birch Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday, except holidays Birch Road South West side for its entire 4-2:00 p.m.-neon Monday through length to -1-3:00 p.m. Friday, except holidays Name of public Direction of highway Travel Location Hours Days Birchfield Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday, except holidays Birchfield Road South West side for its entire �2:00p.m.-neen Monday through length to 4-3:00 p.m. Friday, except holidays Bryson Street East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday, except holidays Bryson Street West That section of the Nnorth 4-2:00 p.m. neon Monday through side where parking is to X3:00 p.m. Friday, except permitted at other timesfer holidays its entire length Burton Road North East side from the driveway 9:00 a.m. to Wednesday entrance of the 12:00 noon southernmost parking garage to the beginning of the section where parking is prohibited at all times. Burton Road South West side from Palmer 9:00 a.m. to Thursday Avenue to the beginning of 12:00 noon the section where parking is prohibited at all times. Byron Lane East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday, except holidays Byron Lane West North side for its entire 1-2:00 p.m.neen Monday through length to 1.3:00 p.m. Friday, except holidays Comet-Read North - . - ' - _•: - 9:00 a.m. to 10:00 Friday Cabot Road South West-side-for-its-entire 2:00 p.m. to Menday-thfeugh Colonial West North side from Murray 7:30 a.m. to School Days, Avenue Avenue to Daymon Terrace 9:00 a.m. and except holidays 2:00 p.m. to 3:30 p.m. Name of public Direction of highway Travel Location Hours Days Colonial West North side from the 7:30 a.m. to School Days, Avenue driveway of the home at 85 9:00 a.m. and except holidays Colonial Avenue to 2:00 p.m. to Daymon Terrace 3:30 p.m. Copley Road North From Alden Road to the 9:00 a.m. to Tuesday southern property line of 10 12:00 noon Copley Road Dante Street East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday, except holidays Dante Street West North side for its entire 4-2:00 p.n.neen Monday through length to 4-3:00 p.m. Friday, except holidays Daymon South East side from Senate Place School Times School Days Terrace to Colonial Avenue Dillon Road North East side from Boston Post 9:00 a.m. to Tuesday Road to Edgewater Place 12:00 noon Dimitri Place East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday, except holidays Dimitri Place West North side for its entire 4-2:00 p.m.neen Monday through length to 4-3:00 p.m. Friday, except holidays Echo Lane North East side for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday, except holidays Echo Lane South West side for its entire 21:00 p.m. to Monday through length 22:00 p.m. Friday, except holidays Edgewood East That Ssection of the south 9:00 a.m. to Monday through Avenue side from Reskirrgstone 10:00 a.m. Friday, except North Chatsworth Avenue holidays to Judson Street where parking is permitted at other times Edgewood West That section of the Nnorth 12:00pi:noon Monday through Avenue side from Reeki-ngstene to 21:00 p.m. Friday, except North Chatsworth Avenue holidays to Judson Street where parking is permitted at other times Name of public Direction of highway Travel Location Hours Days Edgeweed East South-side-from-Weaver 9:00 a.m. to Avenue Street t,, its terminus 10:00 a.m. Friday Edgeweed West Nerth-side-from-Weaver 29:00 pa.m. to Avenue Street<o its term: 310:00 pa.m. Friday, except l3J 3V1313I1-IAJ holidays Emerson Road North East side for its entire length 10:00 a.m. to Monday through 11:00 a.m. Friday, except holidays Emerson Road South West side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Fern Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday, except holidays Fern Road South West side for its entire 42:00 p.m. noon Monday through length to 4-3:00 p.m. Friday, except holidays Forest Avenue East That section of the Ssouth 10;00 a.m. to 12 Monday through side where parking is noon Friday, except permitted at other times holidays for its entire length Forest Avenue West That section of the Nnorth 12 noon to 1:00 Monday through side where parking is p.m. Friday, except permitted at other times4er holidays its entire length France Place North East side for its entire length 10:00 a.m. to Monday through 11:00 a.m. Friday, except holidays France Place South West side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Glenn Road East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday, except holidays Glenn Road West North side for its entire 4-2:00 noonp.m. Monday through length to 43:00 p.m. Friday, except holidays Hiller-estEast South side f r its entre 9:00 a.m. to Avenue length 10:00 a.m. Friday,_sept hol Hillcrest West , . • . - ' - _ _ • 29:00 pa.m. to Avenue 310:00 pa.m. Friday. �,t holidays Name of public Direction of highway Travel Location Hours Days Hillside Road West North side for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday, except holidays Hillside Road East South side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Homer Avenue East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday, except holidays Homer Avenue West North side for its entire -1-2:00 p.m.neen Monday through length to 1-3:00 p.m. Friday, except holidays Judo,,, Street Nefth - . . • -• ' - _ _ • 9:00 a.m. to 10:00 a.m. liday Judson-Street South - • - 2:00 p.m. to length 3:00 p.m. Ffiday Huguenot Drive West, then South side for its entire 10:00 a.m. to Monday through North length 11:00 a.m. Friday, except holidays Huguenot Drive South, then North side for its entire 1:00 p.m. to Monday through East length 2:00 p.m. Friday, except holidays Lafayette-Road No East side for its entire length 9:00 a.m. to Menda5.Lthr-eugh 10:00 a.m. Friday Lafayette Dead South 2:00 p.m. to length 3:00 p.m. Fly Judson Street North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Frida Judson Street South West side for its entire 12:00 noon to Monday through length 1:00 p.m. Friday Laurel Avenue West North side ferom Thompson 9:00a.m. to Monday through Street to the end of the 10:00a.m. Friday, except paved surface its entire holidays length Laurel Avenue East South side ferom Thompson 12:0011noon Monday through Street to the end of the to 41:00p.m. Friday, except paved surface its-entire holidays length Leafy Lane East That section of the gsouth 9:00 a.m. to Monday through side where parking is 10:00 a.m. Friday, except permitted at other times€er holidays its entire length Name of public Direction of highway Travel Location Hours Days Leafy Lane West That section of the Nnorth 12:00 lm noon Monday through side where parking is to 31:00 p.m. Friday, except permitted at other times€er holidays Lester Place Both South side for its entire 9:00a.m. to Wednesday length noon Lookout Circle North, then East and south sides for its 10:00 a.m. Monday through East entire length to 11:00 Ffriday, except a.m. holidays Lookout Circle West, then West and north sides for its 1:00 p.m. Monday through South entire length to 2:00 p. Friday, except m. holidays Maple Hill East South side for its entire 10:00 a.m. Monday through Drive length to 11:00 Friday, except a.m. holidays Maple Hill West North side for its entire 1:00 p.m. Monday through Drive length to 2:00 p. Friday, except m. holidays Maple S�eet Nefth East side for its entire length 9:00 a.m. to 10:00 a.m. Friday MIS, eet Seuth West-side-fer-its-entire2:00 p.m. length to-3-:00 Fliflay p.m. Maplewood North East side for its entire length 11:00 a.m. Monday through Street to 12 noon Friday, except holidays Maplewood South West side for its entire 4-2:00 p.m. Monday through Street length neon to Friday, except 4-3:00 p.m. holidays Mountain East South side for its entire 10:00 a.m. Monday through Avenue length to 11:00 Friday, except a.m. holidays Mountain West North side for its entire 1:00 p.m. Monday through Avenue length to 2:00 Friday, except p.m. holidays Murray Avenue South That section of the west side 10:00 a.m. Monday through from Bryson Street to Leafy to 11:00 Friday, except Lane where parking is a.m. holidays permitted at other times Murray Avenue North That section of the east side 1:00 p.m. Monday through from Bryson Street to Leafy to 2:00 Friday, except Lane where parking is p.m. holidays permitted at other times Name of public Direction of highway Travel Location Hours Days Murray Avenue South West side from Leafy Lane 9:00a.m. to First Friday of to Myrtle Boulevard 11:00a.m. each month Murray Avenue North East side from Leafy Lane 9:00a.m. to Second Friday of to Myrtle Boulevard 11:00a.m. each month Murray Avenue South West side from Bryson 8:00 a.m. to School days Street for a distance of one- 9:00 a.m. and hundred and ninety eight 2:30 p.m. to (198) feet toward Forest 3:30 p.m. Murray Avenue North East side for a distance of 8:00 a.m. to School Days one hundred fifty (150) 4:00p.m. feet from Forest Avenue between Murray Avenue South West side from Forest 8:00 a.m. to School days Avenue for a distance of 9:00 a.m. and one-hundred and seventy 2:30 p.m. to five(175) feet toward 3:30 p.m. Bryson Street Murray Avenue South West side commencing at a 8:00 a.m. to School Days point three hundred and 4:00 p.m. sixty five (365) feet north from Bryson Street for a distance of one-hundred and forty (140) feet toward Forest Avenue to a point ending two hundred and forty five (245) from Forest Avenue Myrtle East North side from Murray 9:00 a.m. to Monday Boulevard Avenue to Weaver Street 10:00 a.m. through Friday, except holidays Myrtle West South side from Murray 2:00 p.m. to Monday Boulevard Avenue to Weaver Street 3:00 p.m. through Friday, except holidays New Jefferson South West side for its entire 9:00a.m. First Tuesday Street length to 11:00a.m. of each month New Jefferson North East side for its entire length 9:00a.m. to Second Tuesday Street 11:00a.m. of each month Normandy North East side for its entire length 10:00 a.m. Monday through Road to 11:00 Friday a.m. Name of public Direction of highway Travel Location Hours Days Normandy South West side for its entire 1:00 p.m. Monday through Road length to 3:00 Friday, except p.m. holidays North North That section of the beast 10:00 a.m. Monday through Chatsworth side from the point where to 11:00 Friday, except Avenue the WS Residential Area(as a.m, holidays defined in § 219-62) ends to Forest Avenue where parking is permitted at other times North South That section of the Wwest 21:00 p.m. Monday through Chatsworth side from (Forest Avenue to to 32:00 Friday, except Avenue the point where the WS p.m. holidays Residential Area (as defined in § 219-62)begins where parking is permitted at other times North North That section of the Eeast 9:00a.m. to First Thursday of Chatsworth side from Myrtle Boulevard 11:00a.m. each month Avenue to the northern boundary of 40 North Chatsworth Avenue where parking is permitted at other times North South That section of the Wwest 9:00a.m. Second Thursday Chatsworth side from the northern to 11:00a.m. of each month Avenue boundary of 35 North Chatsworth to Myrtle Boulevard where parking is permitted at other times Orsini Drive North East side for its entire length 11:00 Monday through a.m. to Friday, except 12 noon holidays Orsini Drive South West side for its entire 4-2:00 Monday through length p.m. Friday, except neon to holidays 4-3:00 p.m. Overlook South, then West and south sides for its 9:00 a.m. Monday through Terrace East, then entire length to 10:00 Friday, except North a.m. holidays Name of public Direction of highway Travel Location Hours Days Overlook South, then East and north sides for its 12:00 Monday through Terrace West, then entire length Friday, except North noon to holidays 31:00 p.m. Palmer Avenue East South side from the 8:00a.m. Monday through driveway entrance to to Friday, except Mamaroneck High School 5:00p.m. holidays for a distance of ninety(90) feet toward Richbell Road Poplar Road North East side for its entire length 10:00 a.m. to Monday through 11:00 a.m. Friday, except holidays Poplar Road South West side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Preston Street North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday, except holidays Preston Street South West side for its entire 12:00 p7m7noon Monday through length to 31:00 p.m. Friday, except holidays Richbell Road North East side from Palmer 9:00a.m to Wednesdays Avenue to the boundary line 12:00 noon of the Village of Mamaroneck Richbell Road South West side from Palmer 9:00 a.m. to Thursdays Avenue to the boundary line 12:00 noon of the Village of Mamaroneck Rochelle Road East South side for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday, except holidays Rochelle Road West North side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Rockingstone North From North Chatsworth 10:00 a.m. to Monday through Avenue Avenue to Forest Avenue 11:00 a.m. Friday, except holidays Rockingstone South From Forest Avenue to 1:00 p.m. to Monday through Avenue North Chatsworth Avenue 2:00 p.m. Friday, except holiday Name of public Direction of highway Travel Location Hours Days Senate Place North East side for its entire length 8:00 a.m. to School days 4:00p.m. Seton Road East South side for its entire 10:00 a.m. to Monday through I length 11:00 a.m. Friday, except holidays Seton Road West North side for its entire 1:00 p.m. to Monday through I length 2:00 p.m. Friday, except holidays Sheldrake North East side from Forest 8:00a.m. to School days Avenue Avenue to Holly Place 9:00a.m. and from 2:30p.m. to 3:30p.m. Springdale North East side for its entire length 10:00 a.m. to Monday through Road 11:00 a.m. Friday, except holidays Springdale South West side for its entire 1:00 p.m. to Monday through Road length 2:00 p.m. Friday, except holidays Spruce Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday, except holidays Spruce Road South West side for its entire 4-2:00 p.m. neon Monday through length to 4-3:00 p.m. Friday, except holidays Taylor Place Nefth - . • ' -_ • 9:00 a.m. to Menem 10:00 a.m. Ffiday Taylor Place Seuth West side f r its entire 2:00 p.m. to Menem length 3:00 p.m. Friday Thompson North East side for its entire 9:00a.m. to Monday through Street length 10:00a.m. Friday, except holidays Thompson South West side for its entire 12:00 noon Monday through Street length to 31:OOp.m. Friday, except holidays Valley Road North East side for its entire length 11:00 a.m. Monday through to 12:00 noon Friday, except holidays Valley Road South West side for its entire 4-2:00 p.m._neen Monday through length to 4-3:00 p.m. Friday, except holidays Varela Lane North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday, except holidays Name of public Direction of highway Travel Location Hours Days Varela Lane South West side for its entire 12:00 noon Monday through length p.m. to Friday, except 41:00 p.m. holidays Washington South East side for its entire length 9:00a.m. to Second Monday Square 11:00a.m. of each month Washington South West side for its entire 9:00a.m. to First Monday of Square length 11:00a.m. each month Wildwood Road East South side for its entire 10:00 a.m. to Monday through length 11:00 p.m. Friday, except holidays Wildwood Road West North side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday, except holidays Wood-Street North East side for its entire length 9:00 a.m. to 10:00 a.m. Friday Weed-Street South West side for its entire 2:00 p.m. to Me length 3:00 p.m. Friday Section 3—Amendment of a current section of the Mamaroneck Code: 1,4• 146\011 0-91111) Section 219-22 of the Code of the Town of Mamaroneck is folio 'ng to the table within that section in its proper alphabetical position: Name of Public Direction of Time Limit Hours/Days Location Highway Travel (hours) Edgewood West 2 8:00 a.m. to North side from Avenue 11:00 a.m. Weaver Street to its terminus Hillcrest Avenue West 2 8:00 a.m. to North side for its 11:00 a.m. entire length Madison Avenue Both 2 8:00 a.m. to 5:00 Both sides from p.m. Lafayette Road to Fifth Avenue Section 4— 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 the streets identified in sections 2 and 3 of this Local Law indicating where and when parking is prohibited or limited by this law. Section,g5—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 46-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. CREATED June 28, 2019 BY FIRST ACCEPTING CHANGES TO THE CURRENT LAW MADE BY THE TUNE 14, 2019 DRAFT AND ADDING NEW EDITS. . v1/4 Plo -r-thb Q 2i O 9 � � 9 , ; o Town of Mamaroneckd di 11(42_ ,, Town Center 3 $10,000 less than our engineers estimate prepared last fall. Of that total the Town would fund $785,077 through the issuance of $767,000 in bonds and the application of $18,077 of fund balance. All other funding, $479,793 will come from a variety of sources that are outlined in the attachment. Again, with this much outside funding available, this is a good opportunity to pave more roads this year. ACTION REQUESTED: THAT THE TOWN BOARD AWARD CONTRACT TA-19- 08 to the lowest responsible bidder ELQ industries in the amount of $1,248,870 and that I be authorized to execute a contract with ELQ Industries. L:FsEcOTY Town Administrator S Highway Road Rehabilitation Total Tier I Tier II Engineer's Estimate 1,259,427 468,000 791,427 Savings (10,557) (9,708) (849) Bid Results $ 1,248,870 $ 458,292 $ 790,578 Bond Authorized-Tier I 467,000 $ 467,000 CHIPS 85,000 85,000 CHIPS-Additional 17,878 17,878 Additional Bonding 300,000 300,000 Water District project savings-Pvmt projects 50,000 50,000 Total Funding 919,878 619,878 300,000 Balance $ 328,992 $ (161,586) $ 490,578 Fenimore Road 436,569 Con Ed Contribution @ 55% (240,113) Tier I Savings (161,586) TOWN FENIMORE ROAD ADDITIONAL COST $ 34,870 Murdock Woods Roads 354,009 Con Ed Contribution @ 20% (70,802) TOWN MURDOCK WOODS ROADS ADDITIONAL COST $ 283,207 TOTAL TIER II ADDITIONAL COST $ 318,077 Round to $ 318,000 CHIPS 102,878 Bond-DB 767,000 Water District-FB 50,000 Con Ed 310,915 Town-Bond Costs 16,000 Town-DB FB 18,077 1,264,870 • 031 5-- Town of Mamaroneck TEL: 914/381-7835 '] � ,p Engineering Engineering Department, Town Center FAX: 914/381-8473 ` —Zcl — I _ m 740 West Boston Post Road, Mamaroneck, NY 10543-3353 401 t ' C) OUNDED 1661 ' Robert P. Wasp, P.E., CD.T. rwasp@townofmamaroneckNY.org Town Engineer INTERDEPARTMENT MEMORANDUM DATE: July 19, 2019 TO: Steve Altieri, Town Administrator FROM: Robert Wasp, P.E., Town Engineer SUBJECT: Recommendation of Contract Award TA-19-08 —Resurfacing of Various Roads GENERAL: Bid procurement was recently completed for the Town's annual road resurfacing project. Roads included in the 2019 project were selected based on the prioritized rankings of road condition determined through the 2017 Townwide assessment and observed road conditions during spring 2019. Prioritized roads were further refined by neighborhood work areas to maximize paving production by the Contractor and provide cost efficiency by avoiding additional mobilization costs. Planned capital budget funding for the 2019 Road Resurfacing project was used to determine the extent of the original project scope. Significant gas main improvements were undertaken by ConEdison on Fenimore Road and the Murdock Woods neighborhoods in 2019. Fenimore Road work involved installation of new 16 inch transmission main as part of large scale improvements intended to address regional gas supply demand. Work within the Murdock Woods community of Murdock Road, Salem Drive, Split Tree Drive and Kolbert Road was limited to gas distribution components including the replacement of main segments and service connections. Significant pavement disturbance was incurred through ConEdison project that may be best addressed through joint restoration agreement between the Town and ConEdison. Similar agreement for joint pavement restoration between the Town and ConEdison was executed at the completion of gas main improvements on Myrtle Blvd and Lakeside Drive in 2018. The Town remains in negotiations with ConEdison for the percentage of the costs they will provide to rehabilitate the roads disturbed by their projects. It is anticipated that they will fund 55%of the cost of Fenimore Road and 20%of the Murdock Woods neighborhood based upon observed disturbance. It makes sense for the Town to complete the balance of paving outside of ConEdison disturbance to address the poor condition of surrounding pavement and maximize the lifespan of the restored surface. On June 27,2019,three bids were received for the referenced contract as summarized on the attached bid tabulation table. The apparent low bidder is ELQ Industries, Inc. (ELQ)with a total bid price of$1,248,872.00. ELQ has extensively worked with the Town as general contractor for previous road paving, sidewalk and sewer construction projects. All work provided by ELQ has been found to be high quality and performed in a professional manner. ELQ was contacted following the opening of bids for review of the road resurfacing project scope. No errors or O4( • �, . 9� Town of Mamaroneck TEL:914/381-7835 O f �0 Engineering Department, Town Center FAX:914/381-8473 I- }�., Z 740 West Boston Post Road, Mamaroneck, NY 10543-3353 w 4 i m x r n ~ Robert P. Wasp, P.E. C.D.T. rwasp• @townofmamaroneckNY.org 1661 ' p@townofmamaroneckNY.org Town Engineer omissions that could potentially impact the viability of their bid price have been identified at this time. Project costs associated with the resurfacing of roads included in the original capital budget scope have been tabulated separately from resurfacing of roads involving ConEdison restoration. Roads included on the Tier 1 list correspond to the original project scope while roads involving ConEdison work comprise Tier 2. Based upon the above, the Engineering Department recommends ELQ Industries, Inc. for award of Contract TA-19-08 for resurfacing on roads included on the Tier 1 list. Amended contract sward of roads involving ConEdison restoration included on the Tier 2 list should be considered following the conclusion of negotiations with the utility provider. Please feel free to contact me with any questions. 16 1M I i - NOV 000(001'00 00001960.10 000,010eff P25(0.162•/0 0AAN0100101VE780123L107Y1C0 000090021 000900100 000000(5 009.('6600 001000.00031111 90101017007040.11003000f39000903Y 70101 00001001'10 00'00611900 0011ff'Gf0'It 91{70'160'(0 00 nem OSR310101100000H301 01900MLL4.0!70101 a(POagpe 1.f /.,8741 +3 70001149 196.61 0,'0034'"5000 Op,Al 0109+'36'+3+36'"15 10X910.5 00408w14 0000019+0001^7 010101 . 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OI '.+O 4,6y� N L 000000905 005605 000096992 000011 00005'01LS 067715 6505('505 005019 1501. 0011'5 1axwf3636a,„ J 11.4.5•Y'I Im11w0 6.70367 +441 01.11 10061.6101.9.1.2 0.,001.,0 1.1.1...1 NWOIl +aa.d 01.00 1.01 0011 6.1.50003 (00.00000 15311 PM 14010500.pN m+01106aa0 ...l f+w/P!N -17"08 P!8 of/"081^8 10900.1N 50090091 0036.' 05501 AN,....010..15 10601 10'009'^9.6N (10'36909...I001)00(1 01001 .1 w0.a036W d+a:)..44.1011Jd 00+1 0011000001 011 '1'53'0,0 001 006702'4+[2 0u9)'0000a0 00.50000 0'0 590005..0030050:(sn970161.019500+0 500) M11 46 030)3HJ '9l:49 03NYd3Hd E'SEEf050[AN'9»u010I50 y00N 0004 50000 01000 6702/02/3100 aa1wJ 50.x,0 011.,.,.,000 00uaa0 Mapoa0m0W J0 1/1110.‘w1004 l oi 4,1.. 19101— atv z Town of Mamaroneck --c?'1 ' f 9 ' `" Town Center x 740 West Boston Post Road,Mamaroneck,NY 10543 3353 . FCI ,,.. . . Office of the Comptroller MOTION2F SE LADED BY TEL: 914/381-7850 FAX: 914/381-7809 / icomptroller@townofmamaroneck.org \,/..ir1/4/C--"---- Memorandum �f v To: Stephen Altieri, Town Administrator Town Board Members From: Tracy Yogman, Town Comptroller Date: July 24, 2019 Re: Authorization- Acceptance of a Donation and Budget Amendment The Town has accepted a donation for the purchase of custom reusable tote bags from Svetlana Wasserman and wish to thank her for the generous contribution in the amount of$1,660. These bags will be distributed to Town residents that will help to conserve resources, decrease pollution, avoid recycling and protect wildlife. REQUESTED ACTION: The following budget amendment is recommended to reflect the increase in the budget for the contribution and purchase of the tote bags: BUDGET AMENDMENT GENERALTOWN WIDE FUND (FUND B): Rev 8.0000.2705 Gifts & Donations Increase $1,660.00 Exp B.8095.4010 Sustainability- Operating Supplies Increase $1,660.00 ki c�O „ 43-164 r 14— .. ` . a Town of Mamaroneck o Town Center ?"—. (sf— t 5 ,_ s,„ 7. r c u o e f, 740 West Boston Post Road,Mamaroneck,NY 10543-3353 Office of the Comptroller TEL: 914/381-7850 FAX:914/381-7809 towncomptroller@townofmamaroneck.org Memorandum To: Stephen Altieri, Town Administrator i MOTION OF SECONDED BY Town Board Members 14 F I F/1.4e'L From: Tracy Yo man Town Comptroller Date: July 24, 2019 Re: Authorization-Amendment To Water District Capital Projects The Westchester Joint Water Works ("WJWW") has begun the work on the Purchase St Pressure Regulator project (Project# 1342-12). Although this project was scheduled in 2018, it was not funded in 2018 as there was no activity as of the end of the fiscal year. There is sufficient Fund Balance in the Water District to fund the Town's share of$76,440. A previous amendment of $23,660 was approved for a total project cost of$100,100. A second project, Barry Ave/Macy Road Water Main Replacement requires additional funding based on revised estimates provided by WJWW. This project has been in progress for 3 years and is near completion according to the recent estimates provided. There is sufficient Fund Balance in the Water District to fund the Town's additional share of $16,294. REQUESTED ACTION: The following budget amendment is recommended to reflect the increase in the Capital project budgets: BUDGET AMENDMENT Item# WATER DISTRICT(FUND SW): 1 EN) SW.9900.9950 Transfer to Capital Projects Increase $ 92,734.00 Rev SW.0000.5995 Appropriated Fund Balance Increase $ 92,734.00 CAPITAL(FUND H): 2 Exp H.8340.0400.2016.12 Capital Water Imrpovement Projects Increase $ 16,294.00 Exp H.8340.0400.1342.12 Purchase St Pressure Regulator Increase $ 76,440.00 Rev H.0000.5038.2016.12 Transfer from Water District Increase $ 16,294.00 Rev H.0000.5038.1342.12 Transfer from Water District Increase $ 76,440.00 O y 2i PiDYS • �, o Town of Mamaroneck "? -L`( i g w m Town Center x 740 West Boston Post Road,Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-781( FAX 914-381-780 saltieri@townofmamaroneckny.orf www.townofmamaroneckny.orl Memorandum To: Supervisor and Town Board Re: Authorization- Amended Snow and Ice Agreement New York State Department of Transportation Date: July 19, 2019 Attached is a proposed amendment to our snow and ice control contract with the New York State Department of Transportation. The amendment will provide the Town with a supplementary payment of $3,654.24 for additional costs incurred for snow and ice control on State roads in the Town. REQUESTED ACTION- THAT THE TOWN BOARD APPROVE THE AMENDMENT TO THE NEW YORK STATE CONTRACT FOR SNOW AND ICE CONTROL (#D010708) AND AUTHORIZATION FOR THE TOWN ADMINISTRATOR TO EXECUTE THE AMENDMENT. " "or f , G Stephen V. Altieri Town Administrator MOTION OF SECONDED BY C) Printed on Recycled Paper AMENDMENT B Contract# Municipality Region# D010708 TOWN OF MAMARONECK/Westchester County 8 Beginning Date of Extension Period 7/1/2016 Ending Date of Extension Period 6/30/2019 AMENDMENT TO CHANGE THE ESTIMATED EXPENDITURE FOR SNOW& ICE AGREEMENT Due to the severity of the winter during 2018/19 the MUNICIPALITY requests that the Municipal Snow and Ice Agreement estimated expenditure be revised to reflect the additional lane miles of state roads that were plowed/treated during the winter season. All the terms and conditions of the original contract extension remain in effect except as follows: ADDITIONAL S&I OPERATIONS J-Mile Base 18/19 JMiles S& 18/19 LM Pa Factor'* Original Estimated Basey Expenditure Index Adjustment 2 40,872 50,662 573 573 1.240 $15,226.00 $3,654.24 Pay Factor'=(18/19 J-Miles/(18/19 LM))/(J-Mile Base/S&I LM Base) Index Adjustment 2=(Original Estimated Expenditure*Pay Factor')—Original Estimated Expenditure TOTAL REVISED ESTIMATED EXPENDITURE Original Estimated Expenditure Index Adjustment 2 Rev.Est.Expenditure 3 $15,226.00 $3,654 24 $18,880.24 Revised Estimated Expenditure 3=Original Estimated Expenditure+Index Adjustment IN WITNESS WHEREOF,this agreement has been executed by the State,acting by and through the duly authorized representative of the COMMISSIONER OF TRANSPORTATION and the MUNICIPALITY,which has caused this Agreement to be executed by its duly authorized officer on the date and year first written in the original contract extension. , „ 4, Pio-r- i ' : \.-v, ,.. ,0 . . p Town of Mamaroneck w 4 m Town Center OUNDED 1561 740 West Boston Post Road,Mamaroneck,NY 10543-3353 Office of the Comptroller TEL: 914/381-7850 FAX:914/381-7809 towncomptroller@townofmamaroneck.org Memorandum To: Stephen Altieri, Town Administrator Town Board Members From: Tracy Yogman, Town Comptroller Date: July 24, 2019 Re: Authorization-Amendment To Highway District Bonds and Capital Projects 1. E. Hickory Grove Drive (Project#2019-64): A revised estimate for the sidewalk repair project on E. Hickory Grove Drive has been received. The original estimate was $180,000 and is now estimated at$220,000. An additional $40,000 is required to complete the project. The Town Board has previously adopted a bond resolution for the original estimate and an amended bond resolution is now required for the additional funding needed. The estimate increase is a result of market conditions. Debt service will begin in 2020 and will be funded through the Highway District. 2. Roads. Sidewalks & Curb Improvements (Project#2019-04) Funding through a bond authorization has been adopted by the Town Board in the 2019 Capital Plan for Tier One road repair projects based on the)based on the prioritized rankings of road condition determined through the 2017 Townwide assessment and updated road conditions observed during spring 2019. Neighborhoods exhibiting highly deteriorated road condition were selected based upon original planned capital budget. Based on the bid results, it is estimated that there will be a savings of approximately$94,000 from the estimate that can be used for the roads in Tier II. Gas main improvements were executed by Con Edison on Fenimore Road and the Murdock Woods neighborhood in 2019. Work within the Murdock Woods community of Murdock Road, Salem Drive, Split Tree Drive and Kolbert Road was limited to gas distribution improvements including the replacement of mains and service connections. Significant pavement disturbance was incurred through gas main construction that may be best restored through joint restoration agreement between the Town and Con Edison. Similar agreement for joint pavement restoration between the Town and Con Edison was executed following the completion of gas main improvements on Myrtle Blvd and Lakeside Drive in 2018. The Town's 2019 Paving Bid was structured considering quantities for paving work for neighborhoods included in the original planned capital budget and Con Edison gas main road neighborhoods. Costs associated between the original planned scope and Con Edison restoration have been reviewed and totaled separately as Tier I and Tier II, respectively. Based on the bid results, it is estimated that there will be a savings of approximately$94,000 from the original paving scope that can be used for restoration of the roads included in Tier II. The Town remains in negotiations with Con Edison for the percentage of the costs they will provide to rehabilitate these roads as a result of their work. It is anticipated that they will fund 55%of the cost of Fenimore Road and 20%of the Murdock Woods neighborhood based upon observed disturbance attributed with their projects. It makes sense for the Town to repave these roads at the same time to avoid cost duplication. The additional cost to the Town to complete Fenimore Road and the Murdock Woods Roads is $386,000. It is recommended that the additional cost be funded by increasing the adopted bond authorization by$300,000 and the use of fund balance for the remaining $86,000. It is anticipated that the negotiations with Con Edison and a more accurate cost of the road rehabilitation will be completed before the official statement will be issued in Mid August. If the Towns share of Fenimore/Murdock Woods Roads is less than anticipated, we will adjust the bond issue accordingly. REQUESTED ACTION: Adopt the amended bond resolutions and the following budget amendment to reflect the increase in the capital project budgets is recommended: BUDGET AMENDMENT CAPITAL(FUND H): Item# Type Budget Code Description Amount 1 Rev H.0000.5710.2019.64 Bond Proceeds Increase $ 40,000.00 Rev H 5110.0400.2019.64 Sidewalk extension-E. Hickory Grove Increase $ 40,000.00 2 Rev H.0000.5710.2019.04 Bond Proceeds Increase $ 300,000.00 'Rev H.0000.5033.2019.04 Transfer from Highway Increase $ 86,000.00 Rev H.0000.5033.2019.04 Other Revenue-Con Edison Contribution Increase $ 310,915.00 EN) H.5110.0400.2019.04 ,Roads,Sidewalks&Curbs Increase $ 696,915.00 HIGHWAY(FUND DB) 3 Rev DB.0000.5995 IAppropriated Fund Balance Increase $ 86,000.00 --- ,Rev DB.9900.9950 Sidewalk extension-E. Hickory Grove Increase I $ 86,000.00 Highway Road Rehabilitation Total Tier I Tier II Engineer's Estimate 1,259,427 468,000 791,427 Savings (10,557) (9,708) (849) Bid Results $ 1,248,870 $ 458,292 $ 790,578 Bond Authorized-Tier I 552,000 $ 552,000 Balance $ 696,870 $ (93,708) $ 790,578 Fenimore Road 436,569 Con Ed Contribution @ 55% (240,113) Tier I Savings (93,708)_ TOWN FENIMORE ROAD ADDITIONAL COST $ 102,748 Murdock Woods Roads _ 354,009 Con Ed Contribution @ 20% (70,802) TOWN MURDOCK WOODS ROADS ADDITIONAL COST $ 283,207 TOTAL TIER II ADDITIONAL COST $ 385,955 Round to $ 386,000 -6110Ameil �Iv UUUUU 0-kft MOTION 0 SECONDED BY 3 0 b\ CP7 F :J./4 g, MOTION F 1 SECO,�IDr BOND RESOLUTION DATED JULY 24,2019. A RESOLUTION SUPPLEMENTING THE BOND RESOLUTION DATED FEBRUARY 20, 2019, TO AUTHORIZE, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF AN ADDITIONAL $40,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY A PORTION OF THE COST OF THE RECONSTRUCTION OF EAST HICKORY GROVE DRIVE SIDEWALKS, IN AND FOR SAID TOWN. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have any significant adverse impact on the environment; and WHEREAS, by a bond resolution dated February 20, 2019, the Town Board of the Town of Mamaroneck, Westchester County, New York, authorized the issuance of $186,300 serial bonds of said Town to pay the cost of the reconstruction of sidewalks on East Hickory Grove Drive, including incidental improvements and expenses in connection therewith, in and for said Town; and WHEREAS, it has now-been determined to authorize' dditional financing for said capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The reconstruction of sidewalks on East Hickory Grove Drive, including incidental improvements and expenses in connection therewith, in and for said Town of Mamaroneck, Westchester County, New York, is hereby authorized at a revised maximum estimated cost of$226,300. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is as follows: a) by the issuance of the $186,300 bonds of said Town authorized to be issued pursuant to the aforesaid bond resolution dated and duly adopted on February 20, 2019; and b) by the issuance of an additional $40,000 bonds of said Town hereby authorized to be issued therefor, pursuant to the provisions of the Local Finance Law, SUBJECT TO PERMISSIVE REFERENDUM. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations therefor, pursuant to the bond resolution dated and duly adopted on February 20, 2019. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said -2- Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. -3- Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. -4- * * * * * The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING . . _ •, I 9 - VOTING i VOTING rty 17 I r VOTING VOTING The resolution was thereupon declared duly adopted. * * * * * * -5- BOND RESOLUTION DATED JULY 24, 2019. A RESOLUTION SUPPLEMENTING THE BOND RESOLUTION DATED FEBRUARY 20, 2019, TO AUTHORIZE, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF AN ADDITIONAL $300,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY A PORTION OF THE COST OF THE RECONSTRUCTION OF VARIOUS ROADS THROUGHOUT AND IN AND FOR SAID TOWN, AT A REVISED MAXIMUM ESTIMATED COST OF $1,265,000. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have any significant adverse impact on the environment; and WHEREAS, by a bond resolution dated February 20, 2019, the Town Board of the Town of Mamaroneck, Westchester County, New York, authorized the issuance of $483,000 serial bonds of said Town to pay part of the cost of the reconstruction of various roads, including drainage, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as other incidental improvements and expenses in connection therewith, throughout and in and for said Town; and WHEREAS, it has now been determined to authorize additional financing for said capital project;NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The reconstruction of various roads, including drainage, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as other incidental improvements and expenses in connection therewith, in and for said Town of Mamaroneck, Westchester County, New York, is hereby authorized at a revised maximum estimated cost of $1,265,000. Section 2. It is hereby determined that the plan for the financing of said class of objects or purposes is as follows: a) by the issuance of the $483,000 bonds of said Town authorized to be issued pursuant to the aforesaid bond resolution dated and duly adopted on February 20, 2019; b) by the expenditure of$85,000 current funds authorized to be expended pursuant to said bond resolution dated and duly authorized February 20, 2019; c) by the expenditure of$86,000 current funds hereby appropriated therefor; d) by the expenditure of $311,000 from reimbursement funds to be provided by Consolidated Edison hereby appropriated therefor; and e) by the issuance of an additional $300,000 bonds of said Town hereby authorized to be issued therefor, pursuant to the provisions of the Local Finance Law, SUBJECT TO PERMISSIVE REFERENDUM. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations therefor, pursuant to the bond resolution dated and duly adopted on -2- I February 20, 2019. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, -3- place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money,or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect,the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. -4- r * * * * * The question of the adoption of the foregoing resolution was duly put to a vote on roll call,which resulted as follows: VOTING MOTION OF SECONDED BY VOTING ■rymoVOTING VOTING VOTING The resolution was thereupon declared duly adopted. * * * * * * -5- TOWN BOARD MEETING AFFAIRS OF THE TOWN OF MAMARONECK July 24, 2019 #10- Resolution- Environmental Facilities Corp. Grant- Green Infrastructure Document to be provided Monday, July 22, 2019 r / -Pc e--,,A ,,, s • ,, ,75 s ql ,,,,A, SEC• r ;side LOTIONOF ► o • t Iek") I}o—Tt ti ,,, ocs) Mamaroneck Town Police Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3319 Q 914/381-6100 Office of the Police Chief July 15, 2019 From: Chief Paul Creazzo MOTION OF SECO (DEEDD BY To: Board of Police Commissioners lf*t �. (� ��r C Subject: SALARY AUTHORIZATION /APPOINTMENT I, Salary authorization is requested for the position of Executive Lieutenant. This position comes with a $3000.00 stipend added to the base salary as per the Collective Bargaining Agreement with the PBA. The department wishes to appoint Lieutenant James Maher to the position of Executive Lieutenant, he is currently assigned as the Administrative Lieutenant. Lieutenant Maher began his career with the Town of Mamaroneck Police Department in August 1996 as a Police Officer. He was promoted to the rank of Sergeant in July 2008 and Administrative Lieutenant in May 2018. Additionally, Lieutenant Maher holds a Masters of Public Administration from Marist College. With your approval,the effective date for this position will be July 29, 2019. Respectfully submitted, ✓' Paul Creazzo Chief of Police Printed on Recycled Paper � � yeses O 9 7-14_ 19 ° ZTown of Mamaroneck `, m County of Westchester • 740 West Boston Post Road, Mamaroneck, NY 10543-3353 1" COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 wmaker@townofmamaroneck.org MEMORANDUM To: Stephen V. Alfieri, Town Administrator Christina Battalia, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Local law regarding bag waste reduction Date: July 19, 2019 I attach a proposed law which, if enacted, will establish a law prohibiting the use of plastic bags in most retail transactions and imposing a fee for the use of paper bags. The law is modeled after the recently enacted state law (copy also annexed). 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. ,OTION OF SECONDED BY 41 K F E K S ti � At( -&1Ai iPrinted on Recycled Paper Local Law No. -2019 This local law shall be known as the "Mamaroneck Bag Waste Reduction" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —Purpose: The State of New York amended article 27 of the Environmental Conservation Law by adding a new Title 28 (Bag Waste Reduction) which will become effective on March 1, 2020. The purpose of this local law is to incorporate the new state law into the laws of the Town of Mamaroneck. The Town Board determines that a shift to reusable 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 non-reusable bags is essential if there is to be a transition to reusable bags because such a fee will encourage consumers to use reusable bags rather than bags for which a fee is charged. 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 Bag Waste Reduction §170-1.Title. This chapter shall be known as the"Bag Waste Reduction Law of the Town of Mamaroneck." §170-2. Purpose. The State of New York amended article 27 of the Environmental Conservation Law by adding a new Title 28 (Bag Waste Reduction) which will become effective on March 1, 2020. The purpose of this local law is to incorporate the new state law into the laws of the Town of Mamaroneck. The Town Board determines that a shift to reusable 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 non-reusable bags is essential if there is to be a transition to reusable bags because such a fee will encourage consumers to use reusable bags rather than bags for which a fee is charged. 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: "Exempt bag" means (a) a bag used solely to contain or wrap uncooked meat,fish or poultry, (b) a bag used by a customer solely to package bulk items such as fruits,vegetables, grains or candy, (c) a bag used solely to contain food sliced or prepared to order, (d) a bag used solely to contain a newspaper for delivery to a subscriber, (e) bags sold in bulk to a consumer at the point of sale, (f) trash bags, (g) food storage bags, (h) garment bags, (i) bags prepackaged for sale to a customer, (j) plastic carryout bags provided by a restaurant, tavern or similar food service establishment, as defined in the state sanitary code,to carry out or deliver food, or(k)bags provided by a pharmacy to carry prescription drugs. "Plastic carryout bag" means any plastic bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to carry tangible personal property, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regardless of whether ant tangible personal property or service sold is exempt from tax under article twenty-eight of the tax law. "Paper carryout bag" means a paper bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to carry tangible personal property, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regardless of whether any tangible personal property or service sold is exempt from tax under article twenty-eight of the tax law. "Reusable bag" means (a) a bag made of cloth or other machine washable fabric that has handles, or (b) a durable bag with handles that is specifically designed and manufactured for multiple reuse. "Plastic required to collect tax" means any vendor of tangible personal property subject to the tax imposed by subdivision(a) od section eleven hundred five of the tax law. §170-4. Plastic carryout bag ban. A. No person required to collect tax shall distribute any plastic carryout bags to its customers unless such bags are exempt bags as defined in section 170-3 of the Mamaroneck Town Code. B. No person required to collect tax shall prevent any person from using a bag of any kind that they have brought for purposes of carrying goods. §170-5.Paper carryout bag reduction fee. 2 A. Commencing on , 2019, a person required to collect tax may provide a customer with a paper carryout bag only if it collects from the customer a paper carryout bag reduction fee of 0.10 fo each paper carryout bag it provides to the customer. The paper carryout reduction fee and the n tuber of paper carryout bags provided must be separately stated on the sales slip, invoice, re ipt, or other statement of the price rendered to the customer. B. The paper carryout bag reduction fee shall not be collected from any customer using the supplemental nutritional assistance program, special supplemental nutrition program for women, infants and children, or any successor programs used as full or partial payment for the items purchased. §170-6. Westchester County paper carryout bag reduction fee. If the County of Westchester imposes a paper carryout bag reduction fee through the adoption of a local law, ordinance or resolution, the paper carryout reduction fee imposed by this local law shall remain in full force and effect until the day before the first anniversary of the effective date of County of Westchester's local law, ordinance or resolution imposing a paper carryout bag reduction fee. §170-7.Penalties for offenses; continuing violations. A person required to collect tax who violates any provision of this chapter shall receive a warning notice for the first such violation but shall be liable to the Town of Mamaroneck for a civil penalty of two hundred fifty dollars for the first violation after receiving a warning and a civil penalty of five hundred dollars for any subsequent violation. A person required to collect tax may request a hearing before the Town Board to contest the imposition of a civil penalty pursuant to section 170- 7 of the Mamaroneck Town Code. 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. July 19,2019 3 ,/) Legislative Information - LBDC PART H 18 Section 1. This act shall be known and may be cited as the "New York 19 state bag waste reduction act". 20 § 2. Article 27 of the environmental conservation law is amended by 21 adding a new title 28 to read as follows: 22 TITLE 28 23 BAG WASTE REDUCTION 24 Section 27-2801. Definitions. 25 27-2803. Plastic carryout bag ban. 26 27-2805. Paper carryout bag reduction fee. 27 27-2807. Violations. 28 27-2809. Preemption of local law. 29 § 27-2801. Definitions. 30 As used in this title: 31 1. "Exempt bag" means a bag: (a) used solely to contain or wrap 32 uncooked meat, fish, or poultry; (b) bags used by a customer solely to 33 package bulk items such as fruits, vegetables, grains, or candy; (c) 34 bags used solely to contain food sliced or prepared to order; (d) bags 35 used solely to contain a newspaper for delivery to a subscriber; (e) 36 bags sold in bulk to a consumer at the point of sale; (f) trash bags; 37 (g) food storage bags; (h) garment bags; (i) bags prepackaged for sale 38 to a customer; (j) plastic carryout bags provided by a restaurant, 39 tavern or similar food service establishment, as defined in the state 40 sanitary code, to carryout or deliver food; or (k) bags provided by a 41 pharmacy to carry prescription drugs. 42 2. "Plastic carryout bag" means any plastic bag, other than an exempt 43 bag, that is provided to a customer by a person required to collect tax 44 to be used by the customer to carry tangible personal property, regard- 45 less of whether such person required to collect tax sells any tangible 46 personal property or service to the customer, and regardless of whether 47 any tangible personal property or service sold is exempt from tax under 48 article twenty-eight of the tax law. V 49 3. "Paper carryout bag" means a paper bag, other than an exempt bag, 50 that is provided to a customer by a person required to collect tax to be 51 used by the customer to carry tangible personal property, regardless of 52 whether such person required to collect tax sells any tangible personal 53 property or service to the customer, and regardless of whether any S. 1508--C 9 A. 2008--C 1 tangible personal property or service sold is exempt from tax under 2 article twenty-eight of the tax law. 3 4. "Reusable bag" means a bag: (a) made of cloth or other machine 4 washable fabric that has handles; or (b) a durable bag with handles that 5 is specifically designed and manufactured for multiple reuse. 6 5. "Person required to collect tax" means any vendor of tangible 7 personal property subject to the tax imposed by subdivision (a) of 8 section eleven hundred five of the tax law. �✓ 9 § 27-2803. Plastic carryout bag ban. 10 1. No person required to collect tax shall distribute any plastic 11 carryout bags to its customers unless such bags are exempt bags as 12 defined in subdivision one of section 27-2801 of this title. �f 13 2. No person required to collect tax shall prevent a person from using 14 a bag of any kind that they have brought for purposes of carrying goods. 15 3. Nothing in this section shall be deemed to exempt the provisions 16 set forth in title 27 of this article relating to at store recycling. 17 § 27-2805. Paper carryout bag reduction fee. 18 1 . (a) Notwithstanding any other provision of law to the contrary, any 19 city and any county, other than a county wholly within such a city, 20 acting through its local legislative body, is hereby authorized and 21 empowered to adopt and amend local laws, ordinances or resolutions 22 imposing a paper carryout bag reduction fee within the territorial 23 limits of such city or county, to take effect on or after March first, 24 two thousand twenty. Notwithstanding the foregoing, if a county and a 25 city wholly within such county both impose such fee, the fee imposed by 26 such county shall not apply within the territorial limits of such city. 27 (b) Such paper carryout bag reduction fee, whether or not any tangible 28 personal property is sold therewith, shall be imposed at a rate of five 29 cents on each paper carryout bag provided by a person required to 30 collect tax to a customer in this state; provided, however, that such 31 paper carryout bag reduction fee shall not be imposed on paper carryout 32 bags that are subject to a fee on the provision of such paper carryout 33 bag pursuant to a local law or ordinance that was adopted prior to the 34 effective date of this section. The paper carryout bag reduction fee 35 must be reflected and made payable on the sales slip, invoice, receipt, 36 or other statement of the price rendered to the customer. 37 (c) Such paper carryout bag reduction fee shall not constitute a 38 receipt for the sale of tangible personal property subject to tax pursu- 39 ant to article twenty-eight and pursuant to the authority of article 40 twenty-nine of the tax law, and transfer of a bag to a customer by a 41 person required to collect tax shall not constitute a retail sale. 42 (d) It shall be unlawful for a municipal corporation to adopt or amend 43 a local law, ordinance or resolution requiring the imposition of any fee 44 on the provision of a paper carryout bag except as expressly authorized 45 by this section. Where a municipal corporation that adopted such a local 46 law, ordinance or resolution prior to the effective date of this section 47 is, or is located in, a county that has imposed a paper carryout baq 48 reduction fee pursuant to this section, such municipal corporation shall 49 be prohibited from requiring the imposition of a fee on any provision of 50 paper carryout bags that occurs more than one year after such county 51 paper carryout bag reduction fee takes effect. 52 2. Any such local law, ordinance or resolution adopted pursuant to 53 this section shall state the amount of the paper carryout bag reduction 54 fee and the date on which a person required to collect tax shall begin 55 to add such paper carryout bag reduction fee to the sales slip, invoice, 56 receipt, or other statement of the price rendered to its customers. No S. 1508--C 10 A. 0008--C 1 such local law, ordinance or resolution shall be effective unless a 2 certified copy of such law, ordinance or resolution is mailed by regis- 3 tered or certified mail to the commissioner of taxation and finance in 4 accordance with the provisions of subdivisions (d) and (e) of section 5 twelve hundred ten of the tax law. 6 3. The paper carryout bag reduction fee imposed by this section shall V 7 not apply to any customer using the supplemental nutritional assistance 8 program, special supplemental nutrition program for women, infants and 9 children, or any successor programs used as full or partial payment for 10 the items purchased. 11 4. The paper carryout bag reduction fee must be reported and paid to 12 the commissioner of taxation and finance on a quarterly basis on or 13 before the twentieth day of the month following each quarterly period 14 ending on the last day of February, May, August and November, respec- 15 tively. The payments must be accompanied by a return in the form and 16 containing the information the commissioner of taxation and finance may 17 prescribe. 18 5. Any sales slip, invoice, receipt, or other statement of price 19 furnished by a person required to collect tax to a customer shall sepa- 20 rately state the paper carryout bag reduction fee and shall state the 21 number of bags provided to the customer. 22 6. (a) Except as otherwise provided in this section, any paper carry- 23 out bag reduction fee imposed under the authority of this section shall 24 be administered and collected by the commissioner of taxation and 25 finance in a like manner as the taxes imposed by articles twenty-eight 26 and twenty-nine of the tax law. All the provisions of articles twenty- 27 eight and twenty-nine of the tax law, including the provisions relating 28 to definitions, exemptions, returns, personal liability for the tax, 29 collection of tax from the customer, payment of tax and the adminis- 30 tration of the taxes imposed by such article, shall apply to the paper 31 carryout bag reduction fee imposed under the authority of this section, 32 with such modifications as may be necessary in order to adapt the 33 language of those provisions to the paper carryout bag reduction fee 34 imposed under the authority of this section. Those provisions shall 35 apply with the same force and effect as if the language of those 36 provisions had been set forth in full in this section, except to the 37 extent that any of those provisions is either inconsistent with a 38 provision of this section or is not relevant to the paper carryout bag 39 reduction fee imposed under the authority of this section. For purposes 40 of this section, any reference in this chapter to a tax or the taxes 41 imposed by articles twenty-eight and twenty-nine of the tax law shall be 42 deemed also to refer to the paper carryout bag reduction fee imposed 43 under the authority of this section unless a different meaning is clear- 44 ly required. 45 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 46 sion: 47 (1) the exemptions provided for in section eleven hundred sixteen of 48 the tax law, other than the exemptions in paragraphs one, two and three 49 of subdivision (a) of such section, shall not apply to the paper carry- 50 out bag reduction fees imposed under the authority of this section; 51 (2) the credit provided in subdivision (f) of section eleven hundred 52 thirty-seven of the tax law shall not apply to this section. 53 (c) Notwithstanding the provisions of paragraph (a) of this subdivi- 54 sion or subdivision (a) of section eleven hundred forty-six of the tax 55 law, the commissioner of taxation and finance may, in his or her 56 discretion, permit the commissioner or his or her authorized represen- S. 1508--C 11 A. 2008--C 1 tative to inspect any return related to the paper carryout bag reduction 2 fee filed under this section, or may furnish to the commissioner or his 3 or her authorized representative any such return or supply him or her 4 with information concerning an item contained in any such return, or 5 disclosed by any investigation of a liability under this section. 6 7. All paper carryout bag reduction fee monies and any related penal- 7 ties and interest remitted to the commissioner of taxation and finance 8 under this section, except as hereinafter provided, shall be deposited 9 daily with such responsible banks, banking houses, or trust companies as 10 may be designated by the state comptroller. Of the revenues deposited, 11 the comptroller shall retain in the comptroller's hands such amount as 12 the commissioner of taxation and finance may determine to be necessary 13 for refunds or reimbursements of the fees collected or received pursuant 14 to this section, out of which the comptroller shall pay any refunds or 15 reimbursements of such fees to which persons shall be entitled under the 16 provisions of this section. The comptroller, after reserving such refund 17 and reimbursement fund shall, on or before the twelfth day of each 18 month, pay to the appropriate fiscal officers of the counties or cities 19 imposing tax under subdivision one of this section an amount equal to 20 forty percent of the paper carryout bag reduction fee monies and any 21 related penalties and interest collected by the commissioner of taxation 22 and finance in respect of each such county or city in the preceding 23 calendar month to be used for the purpose of purchasing and distributing 24 reusable bags, with priority given to low- and fixed-income communities. 25 Provided further that at the end of each fiscal year, any funds which 26 have not been used for the purpose defined in this section shall be 27 returned to the comptroller and be deposited into the general fund to be 28 used for the purpose of purchasing and distributing reusable bags with 29 priority given to low- and fixed-income communities. Any remaining 30 amount of paper carryout bag reduction fee monies and any related penal- 31 ties and interest shall be deposited monthly into the environmental 32 protection fund established pursuant to section ninety-two-s of the / 33 state finance law. �/ 34 § 27-2807. Violations. JJ 35 1 . Any person required to collect tax who violates any provision of 36 section 27-2803 of this title shall receive a warning notice for the 37 first such violation. A person required to collect tax shall be liable 38 to the state of New York for a civil penalty of two hundred fifty 39 dollars for the first violation after receiving a warning and five 40 hundred dollars for any subsequent violation in the same calendar year. 41 For purposes of this section, each commercial transaction shall consti- 42 tute no more than one violation. A hearing or opportunity to be heard 43 shall be provided prior to the assessment of any civil penalty. 44 2. The department, the department of agriculture and markets, and the 45 attorney general are hereby authorized to enforce the provisions of this 46 title, and all monies collected shall be deposited to the credit of the 47 environmental protection fund established pursuant to section ninety- 48 two-s of the state finance law. 49 § 27-2809. Preemption of local law. 50 Jurisdiction in all matters pertaining to plastic carryout bags is 51 vested exclusively in the state. 52 § 3. Subdivision 4 of section 63 of the alcoholic beverage control 53 law, as amended by chapter 360 of the laws of 2017, is amended to read 54 as follows: 55 4 . No licensee under this section shall be engaged in any other busi- 56 ness on the licensed premises. The sale of lottery tickets, when duly S. 1508--C 12 A. 2008--C 1 authorized and lawfully conducted, the sale of reusable bags as defined 2 in section 27-2801 of the environmental conservation law, the sale of 3 corkscrews or the sale of ice or the sale of publications, including 4 prerecorded video and/or audio cassette tapes, or educational seminars, 5 designed to help educate consumers in their knowledge and appreciation 6 of alcoholic beverages, as defined in section three of this chapter and 7 allowed pursuant to their license, or the sale of non-carbonated, non- 8 flavored mineral waters, spring waters and drinking waters or the sale 9 of glasses designed for the consumption of wine, racks designed for the 10 storage of wine, and devices designed to minimize oxidation in bottles 11 of wine which have been uncorked, or the sale of gift bags, gift boxes, 12 or wrapping, for alcoholic beverages purchased at the licensed premises