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HomeMy WebLinkAbout2019_11_06 Town Board Meeting Packet TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY, NOVEMBER 6, 2019 THE TOWN BOARD WILL CONVENE AT 5:00PM, IN CONFERENCE ROOM A TO DISCUSS: " /Dedication - Highclere Court [2 Discussion - Comprehensive Plan �-3 Winged Foot Sewer Rent Appeal t6✓ 2020 Joint Sanitation Commission Budget ;f( Establishing Effective Dates - Parking Permits 6. New Business 7. Request for Executive Session 8:00PM CALL TO ORDER-COURTROOM SUPERVISOR'S REPORT PUBLIC HEARING- Parking Prohibited on Certain Sides of Certain Streets at Certain Times Prohibition on Left Turns When Exiting Trader Joe's Parking Lot CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1 . Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1 . Resolution of Dedication - Highclere Court 2. Authorization - New York State Snow Removal Contract 3. Authorization - Renewal of Engineering Consulting Agreement 4. Authorization -Transfer of Funds Capital Project- Police Vehicles 5. Consideration of Certiorari n (v►-,s ut,I -Co fre. .oR1c4__. 1. 16„ 1714 et44-- s REPORT OF MINUTES J REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETING- S Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. TOWN BOARD MEETING WORKSESSION AGENDA WEDNESDAY, NOVEMBER 6, 2019 5:00PM - CONFERENCE ROOM A 1. Dedication- Highclere Court (See attachment). 2. Discussion-Comprehensive Plan (No attachment). 1 4) 3. Winged Foot Sewer Rent Appeal !b (No attachment - at the October 26th Town Board Meeting, the Town Board received a memorandum from Connie Green O'Donnell regarding this matter. If you require another copy, please let us know). 4. 2020 Joint Sanitation Commission Budget (See attachment). 5. Establishing Effective Dates- Parking Permits (See attachment). 6. New Business 7. Request for Executive Session al/S ±3 I0-16 - '9 << 0 -7 al° C If -6 - 19 o «. o Town of Mamaroneck Z Town Center • . 740 West Boston Post Road Mamaroneck NY 10543-3353 FOUNDED 1661 • > > TEL: (914) 381-7812 OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckny.org TO: Stephen Altieri, Town Administrator Nancy Seligson,Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Deputy Town Administrator DATE: October 8, 2019 SUBJECT: Winged Foot Golf Club-Appeal Sewer Rent Charges In September of 2018, the Town Board reviewed Winged Foot's request that specific water service areas, which do not discharge to the public sanitary sewer, be exempt from sewer rent charges going forward. In their appeal, for the period December 2016 through November 2017, they stated they paid$9,392.00 in sewer rent charges for water that did not discharge into the sanitary sewer system. As a result of Winged Foot's request, the Town Board amended the sewer rent law (copy enclosed) that permits system users to apply for a three-year exemption. In order to be granted the exemption, the system user would have to demonstrate to the satisfaction of the Town Engineer, that the water measured by such water meters is being used for activities that do not discharge into the sanitary sewer system. If at any time, there would be a change in that the water would be discharged into the sanitary sewer system, the exemption would be revoked. However, there wasn't a decision as to whether Winged Foot would be reimbursed the sewer rent changes totaling$9,392 for the period September 2016 through December 2017. At this time, Winged Foot is asking the Town Board to review their request to be reimbursed for sewer rent charges that were paid (appeal letter enclosed) for the three (3) service areas as follows: irrigation pond fill, turf care sprayer building and bath and turf care water service and on-course bath, for the period July 2015 through November 2018. In the process of auditing Winged Foot's water bills, we identified a discrepancy. Their figure for 2017 was understated by$147.40, therefore, increasing the total to$32,484.33. Following is the adjusted total broken down by year. 2015 $7,694.83 2016 $10,231.13 2017 $9,348.38 2018 $5,209.99 The sewer rent law states, "Any system user who maintains that his/her/its sewer rent should be reduced for any given year may make one application to the Town Board for a reduction in that year's sewer rent." Based on the aforementioned wording in the law, Winged Foot would not be entitled to a reimbursement since the timing of their claims (initial and current) do not fall within the stated timeframe for filing an appeal. In order for Winged Foot to be reimbursed all or a portion of their expenses, the current sewer rent law would need to be amended to allow for a grace period that would extend beyond the period in which reimbursement is being requested. The Town Board may want to consider amending the sewer rent law to allow for a system user to file an appeal within twelve (12) months following the end of the calendar year in which reimbursement for sewer rent charges is sought. If this were the case, Winged Foot would be reimbursed for sewer rent charges in 2017 ($9,348.38) and 2018 ($5,209.99). The total reimbursement for both years would be$14,558.37. UJ/ s 11_ Larchmont Mamaroneck Joint Garbage Disposal Commission 740 West Boston Post Road, Mamaroneck, New York 10543 To:Supervisor Nancy Seligson-Sanitation Commissioner Mayor Lorraine Walsh-Sanitation Commissioner Re: 2020 Preliminary Commission Budget Date: October 31, 2019 Transmitted for your review is the 2020 Preliminary Budget for the Larchmont Mamaroneck Joint Garbage Disposal Commission (Commission). The budget proposed for 2020 includes total appropriations of$3,753,142, a decrease of$92,558 from 2019. This is a decrease from 2019 of 2.4%. When revenues and surplus are appropriated to the budget, the proposed net levy is $3,493,042, a decrease of$118,758 or 3.3%from 2019. Earlier this year the Town and Village Boards reviewed an analysis prepared to identify possible changes in collection services aimed at reducing the total Commission budget. As of now,there has been no decision on whether there will be any changes in service delivery. Therefore,the budget as submitted assumes all the same levels of service as currently provided. Below is a complete budget summary. Budget Summary 2019 2020 Change Operations and Maint. $2,039,949 $2,042,742 $2,793 or < 1% General Charges $1,826,400 $1,710,400 ($116,000 or 6.3%) Total Appropriations $3,845,700 $3,753,142 _ ($92,558 or 2.4%) Less Revenues $254,550 $260,100 $5,550 or 2.2%% Net Budget/Levy $3,611,800 $3,493,042 ($118,758 or 3.3%) Budget Apportionment Garbage Collected through September 2019 Village of Larchmont 2,604 tons - 47% Town of Mamaroneck 2,875 tons- 53% Total 5,479 tons Net Budget $3,493,042 Village Share 47% $1,641,729 Town Share 53% $1,851,313 Operation and Maintenance The operation and maintenance portion of the Commission's budget includes all direct expenses associated with the collection and disposal of solid waste and recycling material with the exception of the costs of employee benefits which are included in the General ._.. .. . .. ._ . 1iPage Charges portion of the budget. The operations section of the budget also includes the cost of operating the Maxwell Avenue Facility. In the operation and maintenance category of the budget most line items remain unchanged or are slightly reduced. Below are accounts worth noting for 2020. Salaries- Full Time - Next year will be the final year of the collective bargaining agreement between the Commission and AFSCME, the union representing the Commission employees. The contract calls for full time employees to receive a 1.85%salary adjustment. The increase in the salary line however is only$17,000 or 1.1%. That is due to the fact that two employees are not at top grade and a third position that is now vacant is budgeted at the lowest step in the salary schedule. Also included in the salary line account are provisions for longevity payments, an estimate for organic waste stipends and the monetary payment made to employees in lieu of providing optical insurance. The salary line includes compensation for the following personnel: 1 General Foreman 1 Deputy General Foreman/Tractor Trailer Driver 5 Motor Equipment Operators 15 Sanitation Men Overtime - The overtime budget for the Commission is proposed to decrease by$5,000 in 2020 to $45,000. On a day to day basis the Commission incurs a relatively low amount of overtime for collection operations. The largest percentage of overtime is expended for the operation of the Maxwell Avenue Facility on Saturdays and for Saturday and holiday collection of street cans in the Village. Based upon 2020 salary rates the breakdown of overtime is as follows: Maxwell Avenue Facility: $25,121 Street Can Collection-Saturdays and Holidays: 11.987 Total $37,1081 Salaries-Part Time-The 2020 budget for part time personnel is proposed to remain unchanged at $60,000. Although we did exceed that amount in 2019,the proposal is to further limit the use of part time employees used outside the organic waste collection season. Part time employees are used to cover for full time employees on vacation or out on injury leave. The use of part time employees is less expensive than the payment of overtime for regular employees. Diesel Fuel/Gasoline - For 2020 the proposal is to again reduce the total budget. For diesel fuel the cost reduction proposal is $5,000 and for gasoline the reduction proposed is $500. While the cost of fuel can be volatile, we are seeing the benefits of moving away from the 25 yard garbage trucks in favor of the smaller 20 yard trucks. 1 Figures include salary plus benefit costs for pension and social security. 2 ( Page County Landfill - Currently the tipping fee charged by the County for the disposal of garbage is$28.87 per ton. For 2020 the rate will increase by$.41 to $29.28 per ton. Even with the increase, there is reason to believe that total cost of garbage disposal will decrease in light of continued recycling efforts and the food waste program. Therefore, the proposal is to reduce the total tipping fee budget to $220,000 Service Contracts- For 2020 the budget for service contracts is proposed to increase by $3,000 to $40,000. The expenses in the line item are as follows: General Environmental $12,200 Clarity Drug Testing 3,500 Employee Assistance 990 Scarsdale Security(Fire Alarm) 970 Mobile Radio Rental 8,100 Website Maintenance Fee 750 Recollect Maintenance Fee 4,500 Suburban Carting- Food Waste 7,800 Most of the expenses in this line have remained unchanged however we have seen an increase in the food waste disposal expense. Our original contract with Suburban Carting was for the collection of 10 barrels per week at a monthly cost of $450. With the Mamaroneck School District now bringing food waste to Maxwell Avenue, we are averaging roughly 32 barrels per week. Some weeks the total is higher. As a result, Suburban carting has increased its fee to $650 per month. On occasion when the monthly total exceeds 32 barrels per week there is a surcharge levied by Suburban Carting. General Charges The General Charges portion of the Commission's budget includes expenses for administrative personnel, employee benefits for all employees of the Commission and other administrative expenses. Insurances: The news for liability insurance for 2020 is generally very good. On the general liability side, the Commission has had no claims in the last several years. As a result, we are expecting a reduction in our liability premiums. The expected premium has been reduced from $87,000 to $80,000 Employee Benefits: The expected costs for the coming year are a mixed bag. For Health Insurance, the State has advised us to expect an 5.7% increase in premiums. Therefore, total costs for this expense will rise $37,000 to$687,050. The employee contributions of $28,000 does offset a portion of the health insurance expenses. The net cost for health insurance is$659,050. Pension contributions for the Commission will rise by$10,000 to Wage $260,000. Even though the contribution rate charged by the Retirement system has not changed, there is an increase in costs as a result of salary adjustments. Beginning in 2016 the Commission began to experience an improvement in its loss ration as the number of injuries decreased and a stabilization of rates. Now after several good years of losses, the premium for Workers Compensation insurance proposed by our carrier for 2020 is $405,000, a decrease of $137,000 from 2019. Should our loss experience continue on its current trend we have been advised that subject to further changes in the insurance market, another decrease can be expected in 2021. Recycling Equipment: In past years this line item has been for the purchase of the standard recycling bins used for recycling collection. The appropriation for 2 Ole has been increased by $1,000 to $6,000 to have funds available for re-stocking of not only recycling bins but the other garbage and recycling cans the Commission will be selling. Also it may be necessary to re-stock the food waste kits and bags. Consultant: This line item has been reduced since there does not appear at this time to be a need for any consultant assistance in 2020. The Commission is now using the recollect system and the website is complete. Revenues Revenues to the Commission other than the subsidies of the Town and Village will increase this year from $254,550 to $260,100. Other than the application of surplus the largest source of income is $45,100 from the leasing of the smoke stack to Verizon for cellular service. Verizon has recently indicated that they are exercising their option to extend the lease for an additional five years. The proposal for a surplus application for 2020 remains unchanged at $130,000. The category of miscellaneous revenue is primarily revenues earned from the sale of various garbage and recycling products. With the initiation of the food waste program, we have continued to sell food waste kits and food waste bags. Additionally, we have had reasonable success in the sale of various sizes of garbage and recycling cans. Lastly, I would point out that there will be a small increase in the contract price charged to the City of New Rochelle for the collection of waste and recycling from 16 homes in the Pryor Manor section of the City. The fee will increase to $12,000. This concludes the presentation of the Commission's Preliminary 2020 Budget. Due to our ability to reduce expenses in a number of areas, the Commission is fortunate to present a budget with an overall decrease in expenses of $92,000 and a reduction of$118,000 in the total amount levied upon the Town and Village. ... ...._.._... .. Wage Stephen V. Altieri Superintendent cc: Kimberly Siegrist Tracy Yogman Connie Green O'Donnell Wage i IPRELIMNARY 2020 BUDGET I 116. ,a - i - 0!20:. Acct.#Description 200 Operation/Maintenance 201 Salaries-Full Time 818,309 1,490,249 1,015,492 1,507,617 201A Salaries-Overtime 35,583 50,000 35,946 45,000 202 Salaries-Part Time 41,934 60,000 63,330 60,000 203 Materials/Supplies 7,849 13,000 4,707 13,000 203A Dumpsters Waste Containers 16,915 19,000 11,953 22,000 204 Equipment Repairs 93,317 22,000 19,337 22,000 205 Building/Grounds Repairs 3,475 10,000 6,087 10,000 206 Electricity 3,336 7,000 3,666 6,000 207 Water/Sewer Rent 273 700 5,396 700 208 Fuel Oil 3,518 5,000 140 3,750 209 Propane Fuel - - , - - 210 Diesel Fuel 21,672 55,000 15,158 50,000 211 Gasoline 902 1,500 1,000 212 County Landfill92,808 225,000 131,423 220,000 213 Organic Landfill 1,089 20,000 21,590 20,000 214 Uniforms 725 11,000 5,150 10,000 215 Highway Tolls 3,010 5,000 6,258. 6,000 216 Service Contracts 19,847 37,000 28,199 40,000 217 Exterminator 150 500 675 675 218 Miscellaneous 5,414 8,000 3,725 5,000 Total Operation/Maintenance 1,170,126 2,039,949 1,378,232 2,042,742 -1- (PRELIMINARY 2020 BUDGET 2018 2019 9/30/2019 2020 Acct. #Description 300 General Charges 301 Salaries-Administration 33,461 65,000 42,384 56,450 301A Clerical Help-Part Time 5,000 5,000 - 5,000 302 Contingent - 4,000 - 4,000 303 Printing & Stationary 2,715 5,000 1,952 3,000 304 Office Supplies 730 3,000 3,420 3,000 305 Telephone 344 2,700 - 2,700 306 Sewer Tax 4,939 5,500 - 5,500 307 Payroll Processing 4,974 8,700 6,783 9,000 308 Public Notices - 300 - 300 309 Employee Retirement - 250,000 6,414 260,000 310 Insurance-Liability 77,909 87,000 66,859 80,000 311 Insurance-Life 473 2,000 - 2,000 312 Insurance-Health 421,495 650,000 548,554 687,050 312A Medicare Payments 8,392 18,000 13,648 18,000 313 Insurance-Disability 270 1,000 864 1,000 314 Insurance -Worker's Comp 563,215 542,000 383,379 405,000 315 Insurance-Unemployment 2,000 - 2,000 316 Social Security 69,529 124,700 84,475 120,000 316A Commuter Tax 2,159 4,000 1,733 3,000 317 Attorney - 5,000 - 5,000 318 Recycling - - - - 319 Recycling Equipment 8,540 6,000 8,472 6,500 320 Dental Insurance 14,758 22,500 17,635 22,500 321 Consultant 4,000 - 400 322 Auditor 7,931 9,000 - 9,000 323 Transfer to Capital - - Total General Charges 1,226,834 1,826,400 1,186,572 1,710,400 . - , GRAND TOTAL 3,654,760 _ 3,845,700 2,564,804 3,753,142 -2- (PRELIMINARY 2020 BUDGET I Larchmont Joint Commission REVENUES Insurance Recovery 10,000 1,136 10,000 Health Insurance Refund 28,000 24,416 28,000 Inter-Government Charges - -Rental Income 45,100 33,877 45,100 Miscellaneous 9,000 10,186 12,000 Interest Income 450 185 3,000- Dumpster Fees 22,000 13,414 20,000 Refund of Appropriations - Prior Years - - - Applied Surplus 130,000 - 130,000 IMA - City of New Rochelle 10,000 - 12,000 TOTAL REVENUES 254,550 83,214 260,100 NET LEVY 3,611,800 166,428 3,493,042 TOTAL REVENUES INCLUSIVE OF NET LEVY I -3- SUMMARY OF DAILY WEIGHTS The Enabling Act, Under which the Commission operates provides that a reapportionment of the cost of maintenance, operation and repair of the Plant shall be made as of the thirty first day of December annually on the basis of weight of garbage, refuse and substances delivered to the County facility from the Village and from the Town Garbage District, during the preceding year. For the 2019 Calendar Year the tonnage of garbage was: Month I Village (lbs.) I I Town (lbs.) I January 569,540 622,140 February 484,380 533,060 March 547,800 600,460 April 625,640 666,520 May 602,300 686,360 June 598,360 684,120 July 646,360 696,600 August 576,760 637,140 September 557,920 623,800 October November December TOTAL I ( 5,209,060I I 5,750,2001 Village 2,604 tons 47% Town 2,875 tons 53% TOTAL I 5,479 tons % Budget for 2020 Village Share - $1,641,730 Town Share - $ 1,851,313 -4 - I ( - b- ! () EXHIBIT III-C IIIV fI Town Of Village Of Combined , Item Mamaroneck Larchmont Mamaroneck Total re. 1 tIlr Financial Indicators Operating appropriations Administration $ 5,553*" . $ 8,271 Garbage collection 121, 101 82,785 $145, 589 $462,529 Refuse collection 31,215 68,015 Disposal y14, ysq 44,312(a) 3.1,7( ( 33,431(a) 57,080 134,823 Total $202, 181 $192,502 $202,669' * $597,352 - go21 83e f yi1 ass- Miscellaneous 55Miscellaneous Indicators Authorized staff (FTE) 7 Garbage collection 14.0 9. 5 16.0' • 39. 5 Refuse collection 5.4 4.0 2.2 11. 6 Disposal 2.0(b) 2.0(b) 2. 5 6. 5 Total 21.4 15. 5 20.7 57.6 Assigned collection equipment Garbage trucks 4.0 2.0 6.0 12. 0 Refuse trucks 2.0 2. 0 1.4(c) 5.4(c) Total 6.0 4.0 7.4 17.4 Performance Indicators Aeei� ..- Miles of streets serviced (� 40 26' S0 1 116 Estimated locations serviced_ C.5 3,225 1,777 4,328/ * 9,330 Annual tonnage garbage collected 4,387 3,466 7,832 15,685 - Annual tonnage refuse collected 2,845 1,807 2,610 7,262 Total Annual Tonnage Collected 7,232 5,273 10,442 22,947 Private carter disposal - - 6,491 6,491 Analytical Indicators Operating cost per ton (appropriations) Collection $21. 83 $30. 17 $13. 94 $20. 16 _. Disposal(a) 6. 12 (..7v 6.34 5.47 5.87 Total $27. 95 $36. 51 $19.41 $26.03 3.15.0 S. .34.31 Operating cost per ton (actual) Collection $22. 66 $28.37 $13.44 $19.78 Disposal 6.25 4.34 6.46 6. 12 6.24 Total $28. 91 $34.83 $19. 56 $26.02 y,... 31.71 Ratio of men to trucks I Garbage collection 3. 5 4. 5 2.7 3.3 Refuse collection 2.7 2.0 1.6 2. 1 Average annual workload (tons) Garbage per man 313.4 364.8 489. 5 397. 1 1 Garbage per truck 1,096.8 1,733.0 1,305.3 1,307. 1 Refuse per man 526.9 451.8 1, 186.4 626.0 Approximate stops per mile 81 68 87 80 Garbage collections per week 3 3 2 2.7 INote: FTE represents full-time-equivalent personnel (a)Disposal costs vary in Town and Larchmont because of rounding. I (b)Joint Disposal Commission employees. (c)Represents the full-time equivalent of actual usage time. • Battalia, Christina From: Seligson, Nancy Sent: Tuesday, November 05, 2019 4:12 PM To: Altieri, Stephen; Battalia, Christina; Eney, Jaine; Green ODonnell, Connie; Katz, Abby; King,Jeffery; Maker Jr., William; Maker,William Jr.; Fiddelman, Sabrina Subject: FW: Parking regs FYI re: Parking. Nancy From:The Lz Gardener [mailto:cwachs@Izgardener.com] Sent:Tuesday, November 05, 2019 3:19 PM To:Seligson, Nancy<Supervisor@TownofMamaroneckNY.org> Subject: Parking regs Hi Nancy. I would like to request that the TOM board will consider parking restrictions for Edgewood Avenue, between Weaver Street and Judson Terrace, if the new regulations result in parking congestion on our little street, one of the only streets not included in the area within walking distance to the train. Since there is no parking on one side of the street, parking for homeowners is also limited. Contractors cannot access the street parking. Parking farther away is time-consuming(and therefore more time to charge for), since they must constantly go to their trucks for tools, et al. Deliveries double park. If the fire engine needs to come through, precious minutes are lost to frantic car/truck moving. Per our phone call, we agreed to take a wait and see approach. I will follow up with photos if things get worse. Thank you, Catherine Wachs 31 Edgewood Avenue Larchmont, NY 10538 1 Battalia, Christina From: Seligson, Nancy Sent: Monday, November 04, 2019 5:10 PM To: Altieri, Stephen; Battalia, Christina; Eney,Jaine; Green ODonnell, Connie; Katz, Abby; King,Jeffery; Maker Jr., William; Maker, William Jr.; Fiddelman, Sabrina Subject: FW: Letter in Support of"Parking Prohibited on Certain Sides of Certain Streets at Certain Times" Law Attachments: NancySeligsonLtr2.docx; NancySeligsonLtr.docx FYI on parking law. Nancy Original Message From: Pamela Kernie[mailto:pkernie@gmail.com] Sent:Monday, November 04, 2019 4:32 PM To:Seligson, Nancy<Supervisor@ To wnofMamaroneckNY.org> Subject: Letter in Support of"Parking Prohibited on Certain Sides of Certain Streets at Certain Times"Law Dear Ms. Seligson, Please find attached a brief letter in support of what I understand is a new law that would restrict parking along sections of North Chatsworth and Rockingstone Avenues, as well as the letter I had previously mailed outlining my and others'concerns about the acute dangers that have erupted as a result of commuter parking along these streets near Rochelle Road. Thank you so much for allowing residents to voice our concerns. We are deeply grateful to the Town for taking the steps necessary to reduce the dangers residents, pedestrians and drivers experience along these streets. With kind regards, Pamela and Steven Kernie 15 Rochelle Road Larchmont, NY 10538 914-834-8184 1 PAMELA KERNIE 15 Rochelle Road Larchmont, NY 10538 914.834.8184 November 4, 2019 Ms. Nancy Seligson Supervisor Mamaroneck Town Center 740 W. Boston Post Road Mamaroneck, NY 10543 Dear Ms.Seligson: I have received notice of the Public Hearing on November 6, 2019 to consider the "Parking Prohibited on Certain Sides of Certain Streets at Certain Times" law—specifically,what I understand is a new local law that would "prohibit parking for one hour of each weekday on each side of certain sections of North Chatsworth Avenue and Rockingstone Avenue and on each side of Maple Hill Drive, Mountain Avenue and Overlook Terrace". I attach herewith the letter I submitted on August 1,2019 in support of a parking restricting along North Chatsworth and Rockingstone Avenues at Rochelle Road/Hillside Road (and extending north at least to Mountain Avenue and south at least to Huguenot Drive). I won't repeat here my concerns about the dangers pedestrians and drivers face with the many cars now parked along both sides of these streets,as it would appear that the Town has taken note of my and others' concerns and intends to address them by way of a one-hour restriction. I hope this proposed restriction does in fact include these portions of North Chatsworth and Rockingstone at and around Rochelle Road that have been identified as particularly treacherous. If I am correct in my understanding, I commend and thank the Town for taking this important step to improve public safety for those of us who live, walk and drive in this neighborhood. I am optimistic that a restriction on parking will reduce,at least in part,the dangers we all experience daily along these busy streets. Should you have any questions, please don't hesitate to contact me. With thanks and kind regards, Pamela Kernie Battalia, Christina From: Seligson, Nancy Sent: Friday, October 18, 2019 4:09 PM To: Altieri, Stephen; Battalia, Christina; Eney, Jaine; Green ODonnell, Connie; Katz, Abby; King,Jeffery; Maker Jr.,William; Fiddelman, Sabrina Subject: FW: Revised Commuter Parking Restriction FYI Nancy From: Eve Neuman [mailto:efneuman@gmail.com] Sent: Friday, October 18, 2019 8:54 AM To:Town Administrator<TownAdministrator@TownofMamaroneckNY.org>;Altieri, Stephen <SVAltieri@TownofMamaroneckNY.org>; Seligson, Nancy<Supervisor@TownofMamaroneckNY.org> Subject: Revised Commuter Parking Restriction Hi Steve& Nancy, I saw that the latest restriction for N. Chatsworth Ave goes up to Echo/Birch. My block is right on the other side. As I previously indicated, I am fine with this more cautious approach as long as we can petition the town in the future for the restriction to be extended up to Glenn/Homer if, as a result of the proposed restriction, the problem extends to our block. No one knows yet how far this problem can extend. If the answer is yes and that a potential future request would not take as long to be granted as the one for the current N. Chatsworth problem, I do not need to take up Town time at the next meeting. But if you would prefer that I make this point at the hearing, I am happy to come in. Thank you. I know this has been a difficult issue since(as noted before) people who do not have the problem, probably do not want the solution. Eve Neuman • Battalia, Christina From: Seligson, Nancy Sent: Friday, October 18, 2019 4:08 PM To: Altieri, Stephen; Battalia, Christina; Eney, Jaine; Green ODonnell, Connie; Katz, Abby; King, Jeffery; Maker Jr., William; Maker, William Jr.; Fiddelman, Sabrina Subject: FW: Proposed "Commuter" Parking Law FYI Nancy Original Message From:Adam Greenhut[mailto:agreenhut@gmail.cor] Sent: Thursday, October 17, 2019 7:38 PM To:Seligson, Nancy<Supervisor@ To wnofMamaroneckNY.org> Cc: michellegreenhut78@gmail.com; Odierna, Sue <SOdierna@TownofMamaroneckNY.org>; Town Administrator<TownAdministrator@TownofMamaroneckNY.org> Subject: Re: Proposed "Commuter"Parking Law I appreciate the academic honesty in recently changing the title of the proposed law but reiterate my strenuous objection to its passage. This law is unfounded in a town with no bussing and for other reasons. Regards, Adam Sent from my iPhone > On Aug 5, 2019, at 11:57 AM, Seligson, Nancy<Supervisor@townofmamaroneckny.org> wrote: >Dear Mr. Greenhut, > Thank you for your comments on the proposed commuter parking law. Your comments will be included in the public record. >All questions and comments will be taken into consideration during review of the proposed law. >Sincerely, > Nancy Seligson > Nancy Seligson >Supervisor > Town of Mamaroneck > 740 West Boston Post Road > Mamaroneck, NY 10543 > (914)381-7805 >supervisor@townofmamaroneckny.org > Original Message > From:Adam Greenhut[mailto:agreenhut@gmail.comj >Sent: Friday,August 02, 2019 7:38 PM > To:Seligson, Nancy<Supervisor@TownofMamaroneckNY.org>; Town Administrator <TownAdministrator@TownofMamaroneckNY.org> > Cc:michellegreenhut78@gmail.com >Subject: Proposed "Commuter"Parking Law > The proposed parking law really has nothing to do with commuting via the train and everything to do with Murray drop off and pick up. This is totally deceptive and disappointing. I do not support the change and urge you to reconsider not only on the grounds of being intellectually honest with the community. > Thanks for your consideration. >Sent from my iPhone 2 Battalia, Christina From: Seligson, Nancy Sent: Thursday, October 17, 2019 3:13 PM To: Altieri, Stephen; Battalia, Christina; Eney, Jaine; Green ODonnell, Connie; Katz, Abby; King, Jeffery; Maker Jr., William; Fiddelman, Sabrina Subject: FW: Public Hearing - "Parking Prohibited on Certain Sides of Certain Streets at Certain Times" Law. FYI, a request to include Edgewood between Judson and Weaver into the proposed law. Nancy From:The Lz Gardener [mailto:cwachs@Izgardener.com] Sent:Thursday, October 17, 2019 2:16 PM To: Seligson, Nancy<Supervisor@TownofMamaroneckNY.org> Cc: Odierna, Sue<SOdierna@TownofMamaroneckNY.org> Subject: Public Hearing- "Parking Prohibited on Certain Sides of Certain Streets at Certain Times" Law. Hi Nancy. I am disappointed to see that my little strip of Edgewood Ave, from Weaver to Judson, is not part of this law. We only have 1 side to park on, and my home has no place to park in front, my driveway is down the hill. I usually have to double park because there are no spaces across the street. More than once I have had to move quickly to let the fire truck go through. Parking will only get worse, as "the balloon" you mentioned in the Town Board meeting, will certainly push to our street, one of the few streets left to park for free, all day, near the train. Why we were left out is a mystery to me. It will ensure I never will never be able to park in front of my home during business hours. Can you add our little strip to the law? Thank you for your consideration, Catherine Wachs W:914-315-9345 M:646-246-5022 31 Edgewood Avenue 1 J/s LA- g- H6 - ( 4) Town of Mamaroneck p - O Office of the Town Clerk, Town Center "' ®t 7740 West Boston Post Road, Mamaroneck, NY f 9, 10543-3353 •FOUNDED 1661 • Christina Battalia, RMC, CMC TEL:914/381-7870 Mamaroneck Town Clerk FAX:914/381-7813 CBattalia@townofmamaroneckNY.org MEMORANDUM DATE: November 1, 2019 TO: Town Board FROM: Christina Battalia SUBJECT: Renewal Date for Parking Lot Permits. As part of your 2020 Budget discussions I would like the Town Board to consider changing the parking lot permits (Commuter, 24 hour and area business) from a fiscal calendar of June 1 to May 31, to an annual calendar of January 1 to December 31. As you will recall a few years ago the Village of Larchmont changed from an annual cycle to a fiscal cycle to correlate with their fiscal budgeting, and I am suggesting the Town do the same and change to our annual budgeting cycle.This would benefit us a few ways. One it would be more efficient to discuss permit fees during budget time versus discussing it in April, and it would separate us from Larchmont's permit cycle which causes confusion among residents when we are permitting at the same time. The big issue in doing this is how and when. One option would be to extend the current permit for an additional 6 months at no additional costs.This would be the easiest and obviously the costliest.The other would be to sell a 6 month permit from June 2020 that would end December 312020, and or sell an 18 month permit which would expire December 31, 2021. One other consideration is the cost to our permit system in order to accommodate the change. The less changes/updates the developer must do the less cost to the Town. We can address the specifics of this at the worksession. Christina Nev\} osoes5, Battalia, Christina From: Seligson, Nancy Sent: Friday, November 01, 2019 5:09 PM To: Altieri, Stephen; Battalia, Christina; Eney, Jaine; Green ODonnell, Connie; Katz, Abby; King, Jeffery; Maker Jr., William; Fiddelman, Sabrina Subject: FW: Drag Racing in Your Municipality Dear All: Please see below. We can discuss on Wednesday, November 6th. Sincerely, Nancy Nancy Seligson Supervisor Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 (914) 381-7805 supervisor@itownofmamaroneckny.org From:Thompson,Tracy [mailto:Tthompson@westchestergov.com] Sent: Friday, November 01, 2019 3:48 PM To:Seligson, Nancy<Supervisor@TownofMamaroneckNY.org> Subject: Drag Racing in Your Municipality November 1, 2019 Supervisor Nancy Seligson Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Dear Supervisor Seligson, We are writing this letter to ask you to consider adopting legislation to end the practice of drag racing on your municipal streets and highways. There have been far too many injuries and deaths as a result. Unfortunately Westchester County does not have the legal authority to enact these types of measures. Only Cities and Villages throughout New York State do. Advocates in Westchester are working tirelessly to spare others the tragic losses that can result from this dangerous activity. In response to their efforts, the City of Yonkers passed Local Law 6-2017, part VIII of the Code of Yonkers (https://ecode360.com,3201-4114) which was amended to add a new chapter 85: "Forfeiture of Vehicles in Connection with Criminal Acts"(attached). This has led to a dramatic reduction of drag racing in the City. Under the new law, three recent weekends netted a total of 304 summons issued, 9 impounded vehicles, and 4 arrests, thereby greatly reducing the chance that others will be seriously injured or killed. Make no mistake that while street racing has been discouraged in Yonkers, it will migrate to other communities. We, along with the advocates,urge you to pass a similar law in your municipality. We have enclosed a copy of their statute for you to use as a model. If you are interested in learning more,please contact Ellen Hendrickx,Assistant Director of Intergovernmental Relations. She can be reached at 914-995-2935 or epph(a westchestergov.com. Thank you for your consideration. Sincerely, George Latimer David J. Tubiolo Westchester County Executive Westchester County Legislator, 14th District 2 J v nit-J . l\-_ 6 -I 9 Potential Amendments to the Mechanical Rock Removal Law I. Hours- Rock Removal shall not be permitted between the hours of 3:00pm and 9:00am II. No Mechanical Rock removal permit shall be issued unless the applicant has a dust mitigation plan approved by the Building Department. Such dust mitigation plan shall incorporate the best dust control practices including but not limited to, a water spray system, water suppression rock removal or surface wetting. All dust mitigation plans shall include measures to control water runoff as a result of any water spray program. III. No person performing mechanical rock removal shall have more than two machines and two hammers operating on the property at the same time. Rock crushing shall not be permitted on the property. IV. Except for those listed above all other sections of the Town's rock removal law would remain unchanged. V. Similar to the Town Blasting Law, applicants would need to conduct property inspections on adjacent properties prior the start of the rock removal ?cc _ VI. Other Items: The Residential Site Plan application shall be amended to ask if rock removal is required for the construction. If so, how much rock will be removed. What is the method of removal being considered for the site? The idea here is to make certain rock removal is an item for discussion when the Planning Board hears the application. Prepared Nov. 6, 2019 Pa- -4- LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on November 6, 2019 at 8:00 PM or as soon thereafter as is possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider: "Parking Prohibited on Certain Sides of Certain Streets at Certain Times" Law. Purpose The Town Board finds that the proliferation of parked cars in the section of Town that lies within walking distance of the Larchmont Metro-North Train Station has caused congestion on the streets. To establish control 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 certain sections of North Chatsworth Avenue and Rockingstone Avenue and on each side of Maple Hill Drive,Mountain Avenue and Overlook Terrace. The full text of this document can be viewed on the website or copies can be obtained at the Town Clerk's office during regular hours, Mon-Fri, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, NY PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: October 23,2019 MOTIAl9 S ONDED BY MOTION OF SECO BY K F E K S K F E K S 6L a0 MOTION OF SECONDED BY K__ LK' ,V-( - 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 walking distance of the Larchmont Metro-North Train Station has caused congestion on the streets. To establish control 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 certain sections of North Chatsworth Avenue and Rockingstone Avenue and on each side of Maple Hill Drive, Mountain Avenue and Overlook Terrace. 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 Hours Days Location All roads in All 3:00 a.m. to All On public Unincorporated 6:00 a.m. highways, Town of except those Mamaroneck public highways designated in § 219-21 Alden Road South 9:00 a.m.to Tuesday West side from 12:00 noon Boston Post Road to Copley Road Name of public Direction of highway Travel Hours Days Location Burton Road North 9:00 a.m. to Wednesday East side from 12:00 noon the driveway entrance of the southernmost parking garage to the beginning of the section where parking is prohibited at all times. Burton Road South 9:00 a.m. to Thursday West side from 12:00 noon Palmer Avenue to the beginning of the section where parking is prohibited at all times. Colonial West 7:30 a.m. to School Days, North side from Avenue 9:00 a.m. and except holidays Murray Avenue 2:00 p.m. to to Daymon 3:30 p.m. Terrace Colonial West 7:30 a.m. to School Days, North side from Avenue 9:00 a.m. and except holidays the driveway of 2:00 p.m. to the home at 85 3:30 p.m. Colonial Avenue to Daymon Terrace Copley Road North 9:00 a.m. to Tuesday From Alden 12:00 noon Road to the southern property line of 10 Copley Road Daymon South School Times School Days East side from Terrace Senate Place to Colonial Avenue Dillon Road North 9:00 a.m. to Tuesday East side from 12:00 noon Boston Post Road to Edgewater Place Echo Lane North 10:00 a.m. to Monday through East side from 11:00 a.m. Friday, except Murray Avenue holidays to Hillcrest Road 2 Name of public Direction of highway Travel Hours Days Location Echo Lane South 2:00 p.m. to Monday through West side from 3:00 p.m. Friday, except Hillside Road to holidays Murray Avenue Edgewood East 2:00 p.m.to Monday through South side from Avenue 3:00 p.m. Friday, except Murray Avenue holidays to Judson Street Edgewood West 10:00 a.m. to Monday through North side from Avenue 11:00 a.m. Friday, except Murray Avenue holidays to Judson Street France Place North 10:00 a.m. to Monday through East side for its 11:00 a.m. Friday, except entire length holidays France Place South 2:00 p.m. to Monday through West side for its 3:00 p.m. Friday, except entire length holidays Hillside Road East 2:00 p.m. to Monday through South side for its 3:00 p.m. Friday, except entire length holidays Hillside Road West 10:00 a.m.to Monday through North side for its 11:00 a.m. Friday, except entire length holidays Huguenot Drive West,then 10:00 a.m. to Monday through South side from North 11:00 a.m. Friday, except North holidays Chatsworth Avenue to Barnard Road Huguenot Drive South,then 1:00 p.m. to Monday through North side from East 2:00 p.m. Friday, except North holidays Chatsworth Avenue to Barnard Road Laurel Avenue East 2:00 p.m. to Monday through South side for its 3:00 p.m. Friday, except entire length holidays Laurel Avenue West 10:00 a.m. to Monday through North side for its 11:00 a.m. Friday, except entire length holidays Lester Place Both 9:00 a.m. to Wednesday South side for its noon entire length Maple Hill East 10:00 a.m. Monday through South side from Drive to 11:00 Friday, except Murray Avenue a.m. holidays to Orsini Drive 3 r Name of public Direction of highway Travel Hours Days Location Maple Hill West 1:00 p.m. Monday through North side from Drive to 2:00 Friday, except Murray Avenue p. m. holidays to Orsini Drive Mountain East 10:00 a.m. Monday through South side for its Avenue to 11:00 Friday, except entire length a.m. holidays within the Town of Mamaroneck Mountain West 1:00 p.m. Monday through North side for its Avenue to 2:00 Friday, except entire length p.m. holidays within the Town of Mamaroneck Murray Avenue North 8:00 a.m.to School Days East side for a 4:00 p.m. distance of 150 feet north from Forest Avenue Murray Avenue North 9:00 a.m. to Second Friday of East side from 11:00 a.m. each month Leafy Lane to Myrtle Boulevard Murray Avenue South 8:00 a.m. to School Days West side 4:00 p.m. commencing at a point 365 feet north from Bryson Street for a distance of 140 feet toward Forest Avenue to a point ending 245 feet from Forest Avenue Murray Avenue South 8:00 a.m. to School Days West side from 9:00 a.m. and Bryson Street for 2:30 p.m. to a distance of 198 3:30 p.m. feet toward Forest Avenue Murray Avenue South 8:00 a.m. to School Days West side from 9:00 a.m. and Forest Avenue 2:30 p.m. to for a distance of 3:30 p.m. 175 feet toward Bryson Street Murray Avenue South 9:00 a.m. to First Friday of West side from 10:00 a.m. each month Leafy Lane to Myrtle Boulevard 4 Name of public Direction of highway Travel Hours Days Location New Jefferson North 9:00 a.m. to Second Tuesday East side for its Street 11:00 a.m. of each month entire length New Jefferson South 9:00a.m. First Tuesday West side for Street toll:00a.m. of each month its entire length North North 9:00 a. m. First Thursday of East side from Chatsworth to 11:00 each month Myrtle Avenue a.m. Boulevard to the northern boundary of 40 North Chatsworth Avenue North South 9:00 a. m. Second Thursday West side from Chatsworth to 11:00 of each month the northern Avenue a.m. boundary of 35 North Chatsworth Avenue to Myrtle Boulevard North North 10:00 a.m. Monday through That section of Chatsworth to 11:00 Friday, except the east side Avenue a.m., holidays from the point where the WS Residential Area (as defined in § 219-62) ends to Echo Lane where parking is permitted at other times _ North South 1:00 p.m. Monday through That section of Chatsworth to 2:00 Friday, except the west side Avenue p.m. holidays from Birch Road to the point where the WS Residential Area (as defined in § 219-62) begins where parking is permitted at other times 5 Name of public Direction of highway Travel Hours Days Location Overlook South,then 9:00 a.m. Monday through West and south Terrace East,then to 10:00 Friday, except sides for its North a.m. holidays entire length Overlook South,then 12:00 Monday through East and north Terrace West,then noon to Friday, except sides for its North 1:00 holidays entire length p.m. Palmer Avenue East 8:00 a.m. Monday through South side from to 5:00 Friday, except the driveway p.m. holidays entrance to Mamaroneck High School for a distance of 90 feet toward Richbell Road Preston Street North 10:00 a.m.to Monday through East side for its 11:00 a.m. Friday, except entire length holidays Preston Street South 2:00 p.m.to Monday through West side for its 3:00 p.m. Friday, except entire length holidays Richbell Road North 9:00 a.m.to Wednesday East side from 12:00 noon Palmer Avenue to the boundary line of the Village of Mamaroneck Richbell Road South 9:00 a.m.to Thursday West side from 12:00 noon Palmer Avenue to the boundary line of the Village of Mamaroneck Rochelle Road East 10:00 p.m.to Monday through South side from 11:00 a.m. Friday, except Huguenot Drive holidays to France Place Rochelle Road West 1:00 p.m.to Monday through North side from 2:00 p.m. Friday, except Huguenot Drive holidays to France Place _ Rockingstone North 10:00 a.m.to Monday through From North Avenue 11:00 a.m. Friday, except Chatsworth holidays Avenue to Valley Road 6 N Name of public Direction of highway Travel Hours Days Location Rockingstone South 1:00 p.m. to Monday through From Seton Avenue 2:00 p.m. Friday, except Road to North holidays Chatsworth Avenue Senate Place North 8:00 a.m. to School days East side for its 4:00 p.m. entire length Sheldrake North 8:00 a.m. to School days East side from Avenue 9:00 a.m. and Forest Avenue to from 2:30 p.m. Holly Place to 3:30 p.m. Thompson North 10:00 a.m.to Monday through East side for its Street 11:00 a.m. Friday, except entire length holidays Thompson South 2:00 p.m. to Monday through West side for its Street 3:00 p.m. Friday, except entire length holidays Valley Road North 9:00 a.m. to Friday, except East side from 12:00 noon holidays Rockingstone Avenue to Birch Street Valley Road South 9:00 a.m. to Thursday, except West side from 12:00 noon holidays Rockingstone Avenue to Forest Avenue Washington South 9:00 a.m. to Second Monday East side for its Square 11:00 a.m. of each month entire length Washington South 9:00 a.m.to First Monday of West side for its Square 11:00 a.m. each month entire length Section 3—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 4—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. 7 r Section 5-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. October 4,2019 8 p 4,1- 2_ LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on November 6, 2019 at 8:00 PM or as soon thereafter as is possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider: "Prohibition on Left Turns when exiting 'Trader Joe's'parking lot" Law. Purpose The Traffic Committee and the Planning Board both have recommended that for safety reasons, left turns onto the Boston Post Road when exiting the shopping center at 1262 Boston Post Road should be prohibited. The Town Board finds that the safety concerns voiced by the Traffic Committee and the Planning Board are well founded. This local law addresses those safety concerns. The full text of this document can be viewed on the website or copies can be obtained at the Town Clerk's office during regular hours, Mon-Fri, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, NY PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: October 23, 2019 MOTION OF SECONDED BY MOTI9N OF S CONDED BY K F E K S MOTION OF SECOr Y Irrr Local Law No. -2019 This local law shall be known as the "Prohibition on Left Turns when exiting 'Trader Joe's' parking lot" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: The Traffic Committee and the Planning Board both have recommended that for safety reasons, left turns onto the Boston Post Road when exiting the shopping center at 1262 Boston Post Road should be prohibited. The Town Board finds that the safety concerns voiced by the Traffic Committee and the Planning Board are well founded. This local law addresses those safety concerns. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-8 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §219-8.Prohibited turns. No motor vehicle shall make a turn of the kind described below during the times and at the locations shown below: Name of Public Direction Prohibited At Intersection Highway of Travel Turn Hours/Days With Boston Post No left turn All Exiting the parking Road lot of 1262 Boston Post Road Boston Post No left turn All Exiting the parking Road lot of 1265 Boston Post Road Boston Post No left turn All Exiting the parking Road lot of 1340 Boston Post Road Bryson Street East No left turn During school times on school Murray Avenue days Edgewood East No left turn All Weaver Street Avenue Name of Public Direction Prohibited At Intersection Highway of Travel Turn Hours/Days With Heather Lane West No left turn During school times on school Weaver Street days,and on Saturday from 5:00 p.m.to 7:00 p.m. and on Sunday from 8:00 a.m.to 2:00 p.m. Myrtle East No left turn 4:30 p.m.to 7:30 p.m.,Monday Preston Street Boulevard through Friday Myrtle East No left 7:00 a.m.to 9:00 a.m.and 5:00 North Chatsworth Boulevard Turn p.m.to 7:00 p.m.,Monday Avenue through Friday Old North No left turn All Boston Post Road Hommocks Road Section 3 -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 4-Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. October 11,2019 2 F C z Town of Mamaroneck 6 15 From: Tracy Yogman-Town Comptroller Re: Fire Claims Date: November 6,2019 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 Fire extinguisher inspection,Hydrotest only,recharge oxygen cylinder,Mobile Bailout Truck AAA Emergency Supply Co.,Inc rental,labor charge for fan repair $ 682.00 Amazon.Com Meter cases,batteries $ 75.49 Cablevision Cable Services for 10/23/19-11/22/19 $ 201.51 Fire End Croker Corp. Service Award Pins-Stock $ 327.25 Grainger Supplies-light bulbs&spray cleaner $ 29.79 Hampshire Club LLC Inspection Dinner 10/18/19 $ 5,020.00 Home Depot Supplies-tool&operating $ 241.67 IPROMOTEU.Com New style Red Fire Hat with personalized shield $ 500.00 Minerva Cleaners Advanced pant inspection,patches,velcro,restitching $ 590.50 Ready Refresh Water cooler rental 9/19/19-10/18/19 $ 122.96 Sound Shore Pest Control Inc. Exterminating services on 9/23/19 $ 65.00 Town of Mam'k Fire Dept. Food for Inspection Dinner 10/18/19(sodas) $ 59.22 Town of Mam'k Fire Dept. Food for evacuation training classes 10/26-10/28/19 $ 200.67 United Door Corp Repair overhead door/motor operator $ 285.77 Uni First Corporation Cleaning supplies 10/11,10/18, 10/25/19 $ 417.93 Verizon Fire HQ service 10/10-11/9/19 $ 218.07 Villa Maria Pizza Food for Fast Drill 10/23/19 $ 83.78 Total $ 9,121.61 MOTIOjy g. SECONDEE D BY APPROVED BY RESOLUTION lJ Ir._ OF BOARD OF FIRE COMMISSIONERS `_, 4 DATE I / /6 /„2 0 k TOWN OF MAMARONECK FIRE DEPARTMENT OFFICE OF THE CHIEF V"1"747101 Headquarters C205 WEAVER STREET LARCH MONT,NEW YORK 10538 WEAVER 834-2100 EMERGENCY _11 834-2101 -NON EMERGENCY _ s c �= 834-2438 CHIEF'S OFFICE STREET 834-0922-FAX 44.2000N WWW TM FO ORG To: Board of Fire Commissioners From: Chief Joseph Russo Date: November 1, 2019 Re: Fire Report for the Month of October 2019 The following report outlines response to calls made during the month of October 2019. It summarizes the nature, the number of personnel responding and the total time spent. I have also attached a report showing a further breakdown of these alarms. Alarm Type Number Generals 37 Minors 22 Stills 10 Out of Town (Mutual Aid) 1 EMS 53 Drills 5 TOTAL 128 Total number of personnel responding: 838 Total time working: 57 hours and 16 minutes Respectfully Submitted, ,hief Jose ,/usso I Incident Type Count Report Date Range: From 10/1/2019 To 10/31/2019 Selected Station(s): All Incident Type Description Count Station: EMS 311 -Medical assist,assist EMS crew 1 0.81% 321 -EMS call,excluding vehicle accident with injury 46 37.40% 321F-EMS call,excluding vehicle accident with injury 1 0.81% 381 -Rescue or EMS standby 2 1.63% Total-Rescue& Emergency Medical Service Incidents 50 94.34% 611 -Dispatched&cancelled en route 1 0.81% 611E-EMS:Dispatched&cancelled en route I 0.81% 622-No incident found on arrival at dispatch address I 0.81% Total-Good Intent Call 3 5.66% Total for Station 53 43.09% Station: HO 322F-Vehicle accident with injuries I 0.8 1% 353F-Removal of victim(s)from stalled elevator 1 0.81% Total-Rescue&Emergency Medical Service Incidents 2 3.33% 412-Gas leak(natural gas or LPG) 5 4.07% 413 -Oil or other combustible liquid spill 2 1.63% 424-Carbon monoxide incident 1 0.81% 440-Electrical wiring/equipment problem,other 3 2.44% 444-Power line down 3 2.44% 445-Arcing,shorted electrical equipment 1 0.81% Total-Hazardous Conditions(No fire) 15 25.00% 500-Service Call,other 3 2.44% 511 -Lock-out 2 1.63% 520-Water problem,other 3 2.44% 531 -Smoke or odor removal 3 2.44% Total-Service Call 11 18.33% 600-Good intent call,other 1 0.81% 611 -Dispatched&cancelled en route 1 0.81% 622-No incident found on arrival at dispatch address 1 0.81% 651 -Smoke scare,odor of smoke 2 1.63% Total-Good Intent Call 5 833% 700-False alarm or false call,other 2 1.63% 733-Smoke detector activation due to malfunction 1 0.81% 735-Alarm system sounded due to malfunction 1 0.81% 736-CO detector activation due to malfunction 1 0.81% 743-Smoke detector activation,no fire-unintentional 3 2.44% 745 -Alarm system sounded,no fire-unintentional 17 13.82% 746-Carbon monoxide detector activation,no CO 2 1.63% Total-Fals Alarm&False Call 27 45.00% Total for Station 60 48.78% Page 1 of 2 Printed 11/02/2019 08:48:34 Incident Type Description Count Station: STIL 321 -EMS call,excluding vehicle accident with injury 1 0.81% 323F-Motor vehicle/pedestrian accident(MV Ped) 1 0.81% Total-Rescue&Emergency Medical Service Incidents 2 20.00% 510-Person in distress,other 2 1.63% 554-Assist invalid 1 0.81% 555-Defective elevator,no occupants 1 0.81% Total-Service Call 4 40.00% 622-No incident found on arrival at dispatch address 3 2.44% 653 -Barbecue,tar kettle 1 0.81% Total-Good Intent Call 4 40.00% Total for Station 10 8.13% 123 100.00% Page 2 of 2 Printed 11/02/2019 08:48:45 • 205 Weaver Street Town of Larchmont,New York 10538 Mamaroneck Fire De • artment Memo To: Board of Fre Commissioners From: Chief Joseph Russo Date: 11/4/2019 Re: Service Awards Report Third Quarter 2019 Attached please find the Service Award Report for the 3rd Quarter 2019 for your review. It is my pleasure to report that 22 of 50 members have met their yearly obligations to the program. Attached Reports were certified by Fire Council at the November 4, 2019 meeting. Resp ctfully submitted, Joseph A. :Esso Chief of 5partment 1 Town of Mamaroneck TEL:914/381-7835 9ja Engineering Department, Town Center FAX:914/381-8473 m 740 West Boston Post Road, Mamaroneck, NY 10543-3353 `' FOUNDED 1661 Robert P. Wasp, P.E.,C.D.T. rwasp@townofmamaroneckNY.org • Town Engineer INTERDEPARTMENT MEMORANDUM DATE: September 27,2019 TO: Steve Altieri,Town Administrator FROM: Robert Wasp,P.E.,Town Engineer SUBJECT: Recommendation Dedication Acceptance Highclere Court—Durham Road Subdivision GENERAL: Construction of new roadway was approved by Town Planning Board as part of the Durham Road Subdivision project. The subdivision enabled the creation of four residential lots; three of which were new building lots accessed by the new roadway named"Highclere Court". Public utilities including but not limited to sanitary and stormwater sewers,water distribution,gas, electric and telecommunications infrastructure serving the new residential lots were incorporated within the new road right-of-way.The Subdivision was approved with the intention that Highclere Court and related sanitary and storm sewer utilities within the right-of-way would be dedicated to the Town of Mamaroneck upon completion. Construction of common improvements including the new road bed and utility infrastructure was substantially completed by the Developer in 2016. Completed work was previously inspected and verified by Town Departmental staff to be in compliance with the approved subdivision design and Town standard construction specifications at that time. The Town Board considered request from the Subdivision Developer, dated August 4, 2016 for the reduction of performance bonds held associated with the public improvements. Request for bond reduction was supported by recommendation from former Town Engineer David Goessl that the suggested bond balance of$95,761.50 was sufficient in consideration of remaining work to be completed. Please refer to the attached bond reduction correspondence as enclosed with this memorandum for additional information. Top course asphalt paving on Highclere Court was recently completed in July 2019 under the oversight of the Engineering Department. The Department has performed a comprehensive review of the subdivision resolution conditions of approval as well as required closeout submittals for the dedication of infrastructure. Based upon the review findings, I recommend that all items necessary for the dedication of Highclere Court and sewer utilities have been addressed by the Developer providing that that documentation of an ongoing Maintenance Bond in the amount of$35,000.00 is provided prior to the Town Board acceptance of dedication. The Maintenance Bond shall be required to be effective for a period of two years following the date of acceptance as required by Subdivision Resolution Condition G(2)and is recommended in an amount capable of funding potential pavement resurfacing,curb reset or utility repair should they be necessary for the Town to undertake during the two year period. Please feel free to contact me with any questions. RESOLUTION Dedication of Roadway& Related Improvements for "Highclere Court" Durham Road Subdivision Town of Mamaroneck,New York On motion of , seconded by ,the following was APPROVED by the Town Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was adopted by a vote of to , 'th abstentions. Hyl a0) •. ez. WHEREAS,the subdivision known as Durham Road S .division 'roved by Planning Board resolution at its meeting on November 13, 2013, t� WHEREAS,construction of new roadway and related se = astructure improvements to Town of Mamaroneck specifications by Highclere Court, �� , .included as a condition for the approval of the subdivision, and . WHEREAS, the intention was for Highclere Co o dedicate said infrastructure to the Town of Mamaroneck upon completion; and I £r ' WHEREAS,the Town has received such documentation including as-built surveys, subdivision plans,utility plans,public and private eaements agreements, Westchester County Board of Health Approval Letters, Homeowner's Xgreement Policies, Inspection Records and Material Certifications,and WHEREAS,the Engineering Department and Highway Department have performed final inspections on all public improvements for Highclere Court and now deem it to be in proper condition for dedication, and WHEREAS,the Town has been provided with a title report for Highclere Court as referenced to the filed subdivision map#28764 as recorded in the Westchester County Clerk's Office that shows that there are no liens thereon and that Highclere Court, LLC has title thereto and a deed that if executed will transfer title to Highclere Court to the Town, and WHEREAS,the aforementioned documents have been reviewed by the Town Attorney and determined to be in a manner acceptable to allow for dedication and WHEREAS,the Town will hold a maintenance bond in the amount of$35,000 for a period of two years in the event that any public improvements should fail during that period. NOW THERFORE,BE IT RESOLVED,that the Mamaroneck Town Board does hereby accepts dedication of Highclere Court as Town Road, subject to the developer providing the Town with a properly executed deed 1 a transferring titlthereto to the Town,togethe with the docume tsrquire in order for suc deed to be recorded by the County Clerk. The above resoution was put a roll c§vote: \ \ : / teft : k # � /. � 3 � 2 . \. d : . < " t m.y ± :> / 4,1 .wr y . v—.�«v.� w 2 THOROUGHBRED TITLE A ROULIR%N LAWRENCE AEEIii\TE October 11,2019 2KA-6288-W Town of Mamaroneck Town Board The Honorable Nancy Seligson, Supervisor 740 West Boston Post Road Mamaroneck,NY 10543 Re: Highclere Court, Town of Mamaroneck as shown as `Proposed Road' on filed map 28754 (Exhibit A) and further described in Schedule A of deed from Emily Gerson Saines to Highclere Court LLC dated August 6, 2015 and Recorded August 12, 2015 in Control #552173515 (Exhibit B) ("Highclere Court"). Dear Supervisor Seligson: We have been asked to run a title search on Highclere Court for the purpose of the Town of Mamaroneck accepting the dedication of, and a deed for, Highclere Court from Highclere Court LLC. The results of our search are as follows: Last Deed of Record: Deed from Emily Gerson Saines to Highclere Court LLC dated August 6, 2015 and Recorded August 12, 2015 in Control #552173515; Judgments: None Found Mortgages: None Found Federal Tax Liens: None Found UCCs (County): None Found UCC's(State): None Found Federal Tax Liens: None Found Mechanics Liens: None Found -Continued- 800 WESTCHESTER AVE, SUITE S514, RYE BROOK, NY 10573 914 644 6100 I THOROUGHBREDTITLESERVICES.COM THOROUGHBRED TITLE A HOULTH%N LAWREVCE APPTLT.%TE Lis Pendens: None Found NY State Tax Liens: None Found This search will be based partly on information provided and partly from information compiled from public records made available through various town and county offices, agencies and departments. No warranties, promises and/or representations of any kind, expressed or implied, will be given as to the opinions or information provided. Thoroughbred Title Services, LLC will assume no liability whatsoever, regardless of the nature of the act, error, omission or failure of Thoroughbred Title Services, LLC in connection with the searches, conclusions, or opinions to be provided. In addition, Thoroughbred Title Services, LLC shall not be liable for any loss or damage of whatever nature, direct or indirect which may arise as a result of your use of the information. Should you have any questions,please don't hesitate to reach out to me at any time. Very truly yours, Eric Swarthout President 800 WESTCHESTER AVE, SUITE S514, RYE BROOK, NY 10573 914 644 6100 I THOROUGHBREDTITLESERVICES.COM ARISTOTLE BOURNAZOS, P. C. LAND SURVEYORS - PLANNERS 20 CEDAR STREETLICENSED IN 111 NEW ROCHELLE / NEW YORK NEW YORK , 10801 NEW JERSEY (914)633-0100 CONNECTICUT V4SUBDIVISION MAP PREPARED FOR ANDREW SAINES SITUATED IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. TAX LOTS 20 & 32 BLOCK 203 SECTION 2 COUNTY SHEET No. 36 COUNTY BLOCK No. 3106 Also known as Lots No.s 1 & 2 as shown on "Subdivision Mop of the Miller Property", filed in the Westchester County Clerk's Office Division of Lond Records on July 15, 1977 as Map No. 19187 SURVEY COMPLETED: AUGUST 12, 2011 SCALE: 1 INCH=30 FEET • ' " MAP COMPLETED: JAN. 2, 2013 DRAINAGE EASEMENTS ADDED: FEB. 25, 2013 ' EASEMENT NOTE ADDED: MAR. 26, 2013 NOTE 4 REVISED: JUNE 5, 2013 REVISED: July 31, 2013 25' LANDSCAPE BUFFER ADDED: OCT. 30, 2013 AS THE SURVEYOR WHO MADE THIS PLAT, I DO HEREBY CERTIFY THAT THE SURVEY OF THE PROPERTY SHOWN HEREON IS ACCURATE AND WAS COMPLETED ON AUGUST 12, 2011 LOT 3 AND THE PLAT IS ACCURATE AND WAS COMPLETED JAN. 2, 2013. , R.O. Map No. 19187 /vi/?6% /� (Tax Lot 1) DA WILLIAM 3. SIMONS, L ., N. Y.S. LIC. NO. 49586 a;• P EXHIBIT B The Office of the Westchester County Clerk This page is part of the instrument;the County Clerk will rely on the information provided on this page for purposes of indexing this instrument. To the best of Pit Hliii 1 IIHIf IIII �I II III I consistent with the information contained in the attached document *552173515DED002r i Westchester County Recording & Endorsement Page t Submitter Information Name: Cuddy&Feder LLP Phone: 914-761-1300 Address 1: 445 Hamilton Avenue Fax: 914-761-5372 Address 2: 14th Floor Email: pcuddihy@cuddyfeder.com City/State/Zip: White Plains NY 10601 Reference for Submitter: 37575.1 (Road) Document Details Control Number: 552173515 Document Type: Deed (DED) Package ID: 2015080500224001001 Document Page Count: 6 Total Page Count: 8 Parties ❑ Additional Parties on Continuation page 1st PARTY 2nd PARTY 1: SAINES EMILY G -Individual 1: HIGHCLERE COURT LLC -Other 2: 2: Property Ei Additional Properties on Continuation page Street Address: 00 HIGHCLERE COURT Tax Designation: 2-3-p/o 20 City/Town: MAMARONECK TOWN Village: Cross-References ❑ Additional Cross-Refs on Continuation page 1: 2: 3: 4: Supporting Documents 1: RP-5217 2: TP-584 Recording Fees Mortgage Taxes Statutory Recording Fee: $40.00 Document Date: Page Fee: $35.00 Mortgage Amount: Cross-Reference Fee: $0.00 Mortgage Affidavit Filing Fee: $0.00 Basic: $0.00 RP-5217 Filing Fee: $250.00 Westchester: $0.00 Additional: $0.00 TP-584 Filing Fee: $5.00 MTA: $0.00 Total Recording Fees Paid: $330.00 Special: $0.00 Transfer Taxes Yonkers: $0.00 Consideration: $0.00 Total Mortgage Tax: $0,00 Transfer Tax: $0.00 Mansion Tax: $0.00 Dwelling Type: Exempt: ❑ Transfer Tax Number: 679 Serial;b: RECORDED IN THE OFFICE OF THE WESTCHESTER COUNTY CLERK Record and Return To • NER `[J Recorded: 08/12/2015 at 04:45 PM 0 Pickup at County Clerk's office 2 Control Number: 552173515 �f Witness my hand and official seal E;'X^ �✓/I CUDDY & FEDER LLP ��ii 445 HAMILTON AVENUE Timothy c.ldoni 14TH FLOOR Westchester County Clerk WHITE PLAINS, NY 10601 Attn: JOSHUA COLE, ESO. The Office of the Westchester County Clerk:This page is part of the instrument:the County Clerk will rely on the information provided on this page for purposes of indexing this instrument. To the best of subneter's knowledge,the information contained on this Recording and Endorsement Cover Page is consistent with the information contained in the attached document. *552173515DED002Y* Westchester County Recording & Endorsement Page Document Details Control Number: 552173515 Document Type: Deed(DED) Package ID: 2015080500224001001 Document Page Count: 6 Total Page Count: 8 Properties Addendum 00 HIGHCLERE COURT 10538 MAMARONECK TOWN 2 3 p/o 32 QUITCLAIM DEED THIS INDENTURE, made the 6th day of August, 2015 between EMILY GERSON SAINES, an individual with an address at 1 Durham Road, Larchmont, New York 10538 (the "Party of the First Part")and HIGHCLERE COURT LLC,a New York limited liability company with an address at do Cuddy & Feder LLP, 445 Hamilton Avenue, 14th Floor, White Plains, New York 10601 (the"Party of the Second Part"). WITNESSETH: That the Party of the First Part, in consideration of Ten ($10.00) Dollars and other valuable consideration paid by the Party of the Second Part, does hereby remise, release and quitclaim unto the Party of the Second Part, the heirs or successors and assigns of the Party of the Second Part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Mamaroneck, County of Westchester and State of New York being more particularly bounded and described in Schedule "A"attached hereto. TOGETHER with all right, title and interest, if any, of the Party of the First Part, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the Party of the First Part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the Party of the Second Part,the heirs or successors and assigns of the Party of the Second Part forever. AND the Party of the First Part, in compliance with Section 13 of the Lien Law, covenants that the Party of the First Part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. BEING a portion of the same property conveyed to the Party of the First Part by(i)deed made by Patricia A. Miller, as Trustee of the Revocable Intervivos Trust F/B/O Patricia A, Miller,as to 50%,and Patricia A. Miller,as Executrix of the Last Will and Testament of Donald Lee Miller, Deceased 6/20/10, Late of Westchester, Index #2010-1780, as to 50%, dated August 23, 2011 and recorded on August 30, 2011 at Control No. 512343306 in the office of the Westchester County Clerk(Land Records Division),and(ii)deed made by Patricia A. Miller, as Executrix of the Last Will and Testament of Donald Lee Miller, late of 1 Durham Road, Larchmont, New York 10538, who died on the twentieth day of June, Two Thousand Ten, (Index # 2010-1780), dated July 23, 2012 and recorded on August 1, 2012 at Control No. 522013467 in the office of the Westchester County Clerk(Land Records Division). SUBJECT TO a certain Access Easement and Maintenance Obligation made the 20th day of July, 2015 between Emily Gerson Saines and the Town of Mamaroneck and recorded on August 3, 2015 at Control No. 551743369 in the office of the Westchester County Clerk (Land Records Division). SUBJECT TO any other covenants, restrictions, declarations, easements and agreements of record. CMF:2616525.1 The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. [SIGNATURE PAGE IMMEDIATELY FOLLOWS] CaF:2131525.1 IN WITNESS WHEREOF, the Party of the First Part has duly executed this deed the day and year first above written. G .'SON SAINES STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) On the ( day of • in the year 2015 before me, the undersigned, personally appeared Emily Gerson Saines, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. No • 'ublic - • - V.CORTES Town: Mamaroneck ..,o,State of New`lbdtt County: Westchester No.01 C06270874 Qualin Queens County Section: 2 commission Wive October 22,2O- Block: 3 Lot: ph 20 and 32 RECORD AND RETURN TO: Cuddy & Feder LLP 445 Hamilton Avenue, 14th Floor White Plains,New York 10601 Attention: Joshua S. Cole,Esq. 4414* CRF:2338525 I i SCHEDULE A [LEGAL DESCRIPTION ATTACHED] IMF 2!31525.1 • SCHEDULE A DESCRIPTION "Proposed Road" Subdivision Map prepared for Andrew Saines ALL that certain plot,piece or parcel of land situate, lying and being in the Town of Mamaroneck,County of Westchester, and State of New York being known and designated as"Proposed Road"on a certain Map entitled"Subdivision Map prepared for Andrew Saines",prepared by Aristotle Bournazos,P.C.,recorded in the Westchester County Clerk's Office, Division of Land Records on March 24,2014 as Filed Map No. 28754,and being more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Durham Road,distant 297.02 feet southerly from the southerly end of a curve having a radius of 20.00 feet and a length of 23.28 feet,which curve connects the southerly side of Fenimore Road with said westerly side of Durham Road; RUNNING THENCE in a westerly direction on a curve to the right having a radius of 25.00 feet and a length of 41.27 feet to a point on the northerly side of a "Proposed Road",as shown on aforesaid Map; RUNNING THENCE along the northerly side of said"Proposed Road",the following courses and distances: N 61 degrees— 58 minutes—24 seconds W, 109.11 feet to a point of curve, in a northwesterly direction on a curve to the right having a radius of 100.00 feet and length of 46.74 feet to a point of compound curve,and in a northerly direction on a curve to the right having a radius of 25.00 feet and a length of 27.24 feet to apoint of reverse curve; RUNNING THENCE along the westerly Terminus of said"Proposed Road",in a northerly,westerly and southerly direction on a curve to the left having a radius of 50.00 feet and a length of 239.86 feet to a point of reverse curve; RUNNING THENCE along the southerly side of said"Proposed Road",the following courses and distances In a southeasterly direction on a curve to the right having a radius of 25.00 feet and a length of 17.92 feet to a point of reverse curve,in a southeasterly direction on a curve to the left having a radius of 150.00 feet and a length of 92.71 feet to a point,and S 61 degrees—58 minutes—24 seconds E, 117.14 feet to a point of curve; . AIM I:/}).kw4 p RUNNING THENCE in a southerly direction on a curve to the right having a radius of 25.00 feet and a length of 37.27 feet to a point on the westerly side of Durham Road; RUNNING THENCE along said westerly side of Durham Road,N 23 degrees— 26 minutes—04 seconds E, 100.32 feet to the point or place of BEGINNING. MAINTENANCE The Guarantee Company of North America USA BOND One Towne Square, Suite 1470, Southfield, MI 48076 Bond No.:76183691 KNOWN ALL BY THESE PRESENTS: That we Highclere Court LLC as Principal, and The Guarantee Company of North America USA , a corporation organized and existing under the Laws of the State of MI , as Surety, are held and firmly bound unto Town of Mamaroneck , as Obligee, in the total sum of Thirty Five Thousand and 00/100 Dollars ( $35,000.00 ) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal has an agreement with Obligee for Highclere Court Right-of-Way lmprovmcnts-Durham Road Subdivision block 1U3,LOIS lU aha 3L ("Work"). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall maintain and remedy said Work free from defects in materials and workmanship for a period of 2 year(s) commencing on October 4,2019 (the "Maintenance Period"), then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that any suit under this bond shall be commenced no later than one (1) year from the expiration date of the Maintenance Period; provided, however, that if this limitation is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence to run on the expiration date of the Maintenance Period. SIGNED this 8th day of October , 2019 Highclere Court LLC (Principal) By: The Guarantee Company of North America USA By: Je , Attorney-in-Fact w R State of New York } } ss: County of Nassau } On this 811' day of October _, 2019, before me personally came Jeffrey W. Price to me known,who,being by me duly sworn,did depose and say that he/she is an attorney-in-fact of The Guarantee Company of North America USA the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation;that the seal affixed to the within instrument is such corporate seal,and that he signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires r�r�ry' PRicE. No i Aa; ..�f,4.;:_,c.r,ta o.,New York i �. ! 50555rJ3 No . A blic ausli ir,c i,1 Nassau county Commtnci„n Expires 03/040.1. t THE GUARANTEE COMPANY OFNORTH A ER1CA USA Home Office,Southfield,Michigan _STATUTORYBALr NCE SHEET __-- December 31,2018 ASSETS Cash and Short-Tenn Investments $88,508,407 Marketable Securities 151,857,941 Premium and Agents Balances(under 90 days) 5,007,524 ReinsuranceReceivable on paid losses 529,666 Accrued Interest and Dividends 812,435 Net Deferred Tax Asset 1,637,933 Other Assets 1,195.275 Total Admitted Assets $249,549,181 _a LIABILITIES Reserve for Losses and Loss Adjustment Expenses $ 9,077 422 Unearned Premium Reserve 22,744,950 Accrued Expenses 4,210,825 Ceded Reinsurance Premiums Payable 1,207,940 Taxes,Licenses and Fees Payable 374,668 Federal Income Tax Payable 296,413 Funds Held 9,869,832 Other Liabilities I,844929 Total Liabilities $ 49.626.979 CAPITAL AND SURPLUS Common Stock and Paid-In Capital $144,020,970 Surplus 55.901.232 Total Policyholders' Surplus $199.922.202 Total Liabilities,Capital and Surplus $249,549,181 State of Michigan County of Oakland . Stephen C.Rnschak being duty sworn,says: That he is the President&COO of The Guarantee Company of North • America USA;that said company is a corporation duly organized,existing.and engaged In business as a surety by virtue of the laws of the State of Michigan,and has duly complied with all the requirements of the laws of said state applicable to said company and is duly qualified to act as surety under snout lave:that said cowpony has also complied with and is duly qualified to act as surety under the Act of Congress of July 30,1947,as amended(6 U.S.C.6-13);that the foregoing;s a full,file and correct statement of the fnametal condition of said company on the 31"day of December Sworn to before me this 19th day of March 2019. 1 }'; f %� -i,l� .: • r,, f` '�ti t C. • �. President&Coo N ry Cynthia A.Takai Notary Public,State of Michigan County of Oakland My Opmerisstan6plres February 27,2024 Acting In Oakland County t The Guarantee Company of North America USA GUARANTEE Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby^onstitute and appoint Jeffrey W.Price,Rachel L.Price Price and Price Enterprises,Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof,which are or may be afowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes, as If the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31e day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds end undertakings,contracts of Indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact incudes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF.THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 23rd day of Fe4,uary,2012. f�if THE GUARANTEE COMPANY OF NORTH AMERICA USA mF STATE OF MICHIGAN Stephen C.Ruschak,Sr.Vice President,COO Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each Is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said Instrument Is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee • Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27,2018 a Acting In Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. �.►+"� IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 8th day of October , 2019 q ;\�f� '+►�' Randall Musselman,Secretary ffINEW YORK Department of AND W M. CUOMO STATE POOF"'TM- Transportation Governor MARIE THERESE DOMINGUEZ Commissioner LANCE MacMILLAN,P.E. Regional Director I — — lCi September 18, 2019 Mr. Stephen V. Altieri MOTION OF SEC D P Town Administrator r Town of Mamaroneck j �PC� L Town Center L 740 West Boston Post Road Mamaroneck, NY 10543 RE: Munc. Snow & Ice Agreements 2019-2024 Dear Mr. Altieri, The materials for the new 2019— 2024 Municipal Snow & Ice Agreement are attached to this cover letter. Below find a summary of major changes in new agreements: 1. An initial contract term f five years instead three. We made this change in cooperation with OSC and in acco ance with State ighway Law. 2. Extensions will no longer be done on a yearly basis in perpetuity. Each contract will be allowed a maximum of three consecutive extensions of five years each, for a maximum contract life of twenty years. After twenty years, if the municipality and DOT wish to continue the agreement, a new contract will be created. 3. Index adjustments will be based on the current year's estimated expenditure. This is a recent change that went into effect for the 17/18 season. 4. Time & Materials Contracts: municipalities will no longer need to submit a Snow & Ice Voucher to Main Office to receive interim payments. This payment will be made automatically in December. The package includes four (4) Agreements, four (4) Resolutions, and four (4) Maps. Each municipality must issue a SNOMINNSANagonsempat from their governing body authorizing a Municipal Official to enter into the above agreement. It is important that four pliptcompteuelf four AriMpaglarftwitt, and four glipaniMphite.mmvare returned to this office or processing as soon as possible. This package shall include the items as listed below. 1.assimisMalitillit Fill in the blanks on the front and the back of the page including original signature and notary seals on each. 2. ow Q utam e ssu Resolutions from the municipality must be complete with original signatures and certified with the Municipal Seal on each. 3. stastatitaget Each of the four (4) maps with original signatures from the Municipalities responsible Official. 50 Wolf Road,Albany, NY 12232 I www.dot.ny.gov EW YORK Department of ANDREW M. CUOMO STATE OF Governor 27 OPPORTUNITY.. Transportation MARIE THERESE DOMINGUEZ Commissioner LANCE MacMILLAN,P.E. Regional Director PLEASE RETURN COMPLETED PACKAGE TO: New York State DOT Residency 8-9 Westchester South 1 Dana Road Valhalla, N.Y. 10595 ATTN: Jorge Argote It has been a pleasure doing business with you in the past, and we look forward to continuing to do so. If you have any questions or comments, feel free to call me or M. Ashikul Islam, Assistant Resident Engineer at (914) 592-6557. Sincerely, V Jorg A. ' rgote, 01.E. Resi en nineer Nestchester South 50 Wolf Road,Albany, NY 12232 I www.dot.ny.gov Contract# Municipality Region# D014859 Town of MamaronecWWestchester County 8 MUNICIPAL SNOW AND ICE AGREEMENT IMPORTANT:Please check ONLY ONE of the reimbursement options below: 0 Time and Materials (Conventional) 0 Fixed Lump Sum 0 Indexed Lump Sum This Agreement made by and between THE PEOPLE OF THE STATE OF NEW YORK (hereinafter referred to as "STATE"), acting by and through the Commissioner of Transportation of the State of New York (hereinafter referred to as "COMMISSIONER") , and the of Title the Town of Mamaroneck (hereinafter referred to as"MUNICIPALITY") as follows: Town, Village, City or County Municipality WHEREAS, Pursuant to Section 12 of the Highway Law, the maintenance of State highways includes the control of snow and ice thereon as the COMMISSIONER may deem to be necessary to provide reasonable passage and movement of vehicles over such highways, and WHEREAS, the work of such control of snow and ice may be done by any municipality, which for the purposes of said Section 12 shall include only a county, city, town or village, pursuant to an agreement entered into between the governing board or body of any such municipality and the COMMISSIONER; and WHEREAS, The MUNICIPALITY is willing to perform the work of such control of snow and ice upon STATE highways according to the guidelines, policies and procedures deemed by the COMMISSIONER to be for the best interest of the public: NOW, THEREFORE, In consideration of the mutual covenants and benefits between the parties hereto. WITNESSETH: 1. The term of this Agreement shall be for five years commencing July 1, 2019 and ending June 30, 2024. At least one year prior to the expiration each five-year term the MUNICIPALITY shall notify the COMMISSIONER either (a) that it requests with the approval of the COMMISSIONER that the term of the Agreement be extended five years, or(b) that it intends not to extend the Agreement, in which case the Agreement shall expire at the end of the five-year term. The maximum contract life for this Agreement shall not exceed twenty years from the original contract date at which point a new contract will need to be executed. If the MUNICIPALITY fails to notify the COMMISSIONER as herein provided, it shall be deemed that the municipality intends not to extend the term of this Agreement. 2. The MUNICIPALITY and the STATE agree to the method of reimbursement selected above. Detailed descriptions of the reimbursement methods are outlined in the Municipal-State Agreements for Control of Snow and Ice on State Highways: Terms, Reimbursement Procedures and Documentation, as published on the NYSDOT website at the time of contract execution and are incorporated herein by reference. This document is located at: httos://www.dot.ny.gov/divisions/operating/oom/transportation-maintenance/snow-ice 3. In the event that the COMMISSIONER shall deem the work of control of snow and ice performed by the MUNICIPALITY inadequate or unsatisfactory according to the terms of this Agreement and not being performed in the best interest of the public, the COMMISSIONER may, by official order to be filed in the COMMISSIONER'S office and the Department of State, cancel the Agreement, and any payments herein provided by the STATE shall cease. Any such official order shall become effective at the expiration of five (5)days after the COMMISSIONER shall have mailed a certified copy thereof to the clerk or other official who performs duties of a clerk in such MUNICIPALITY. The COMMISSIONER shall thereupon perform the work in such manner as, in the COMMISSIONER'S judgment, shall be for the best interest of the public. 1 4. The MUNICIPALITY may enter into a contract with another municipality for the performance of the work of said control of snow and ice as a subcontractor of the MUNICIPALITY, provided that such MUNICIPALITY shall first obtain the consent therefor from the COMMISSIONER.The MUNICIPALITY, as an agent of the State in performing the function herein delegated to it by the State, shall clear such State highways of snow and ice as designated by the COMMISSIONER,to the extent that the COMMISSIONER may deem necessary to provide reasonable passage and movement of vehicles over such highways all in accordance with terms, rules and regulations as may be deemed by the COMMISSIONER to be in the best interest of the public, such terms, guidelines, policies and procedures (a) having been submitted to and examined by the governing body of said MUNICIPALITY, prior to or simultaneously with the execution and delivery of this Agreement are hereby made part hereof, and(b)being subject to change or modification from time to time by the COMMISSIONER after consultation and negotiation with the municipality as the COMMISSIONER deems it necessary for the best interest of the public, it being understood by the parties hereto that notice of any such change or modification shall be mailed by the COMMISSIONER to the MUNICIPALITY and shall, according to the provisions hereof, be deemed to be thereupon accepted by the MUNICIPALITY and made a part hereof, except that in the event the MUNICIPALITY does not concur with the modification, the MUNICIPALITY may submit a letter of dispute to the COMMISSIONER within 10 business days after receipt of the notice, setting forth the reason for the non-concurrence. The COMMISSIONER shall then,within 10 business days, arrange for a meeting between representatives of the COMMISSIONER and the MUNICIPALITY to be held as soon as practicable to resolve the matter. In the event the matter cannot be resolved, the COMMISSIONER may unilaterally impose the modification, and the MUNICIPALITY shall comply. In that event, the MUNICIPALITY may, if it so elects, notify the COMMISSIONER that this Agreement is terminated, effective not less than one year after the date of receipt of the notice by the COMMISSIONER. The COMMISSIONER may, however, shorten this period to not less than 30 days, if the COMMISSIONER deems it in the public interest. 5. In the event that snow fence installation and removal is part of the agreement, the MUNICIPALITY shall obtain necessary permission from the landowners affected and shall erect snow fences at suitable locations on such highways where designated by the COMMISSIONER and shall also remove such snow fences pursuant to said guidelines, policies and procedures. 6. The MUNICIPALITY shall (a) designate and hereby does designate the Superintendent of Highways of the MUNICIPALITY as the representative of the MUNICIPALITY who shall be in responsible charge and shall have supervision of the performance of the work under this Agreement, (b) provide the necessary machinery, tools, materials and equipment to perform the terms of this Agreement, (c)provide the necessary personnel and supplies to operate such machinery, tools and equipment, and (d) furnish abrasives, chemicals or other similar materials at such locations as may be designated by the COMMISSIONER and in such quantities as may be necessary for the performance of this Agreement, to be applied in the manner and in such quantity as may be directed by the COMMISSIONER, provided, however, the COMMISSIONER with the concurrence of the municipality may furnish for use under this Agreement such snow fence, materials, chemicals and abrasives as he may deem desirable and in the best public interest, and he shall notify the MUNICIPALITY on or before August 1 of each year as to the kind and amount of such items as are to be furnished for the following winter season. 7. The COMMISSIONER shall furnish the MUNICIPALITY with a suitable map which shall delineate the State Highways within and in the vicinity of the boundaries of the MUNICIPALITY and shall show distinctively, the State Highways or parts thereof that are affected by this Agreement For each year of the term of the Agreement, or for any extended term thereof, the maps shall be modified to show the changes, if any, to the State Highways affected by this Agreement. Any such modification to such map shall be agreed upon in writing by the COMMISSIONER and the MUNICIPALITY. 8. Whenever directed by the COMMISSIONER, the MUNICIPALITY shall include in the work delegated to be performed under this Agreement any bridges or highways that cross into an adjacent municipality or municipalities after consultation with the effected municipalities. 9. In consideration of the performance of the MUNICIPALITY, the STATE agrees to pay the MUNICIPALITY each year during the term of this agreement$ 2 3 12 for 9. 2 lane miles for each average season. This figure shall be known as the estimated expenditure. This estimated expenditure may be adjusted annually by the COMMISSIONER under this Agreement based upon demonstrated increases or decreases in the cost of performing the work or due to increases or decreases in lane miles on which work is performed. Such adjustments will require an Amendment to this Agreement. The total contract value for the term of this agreement is$ I I j . $ (,3 . The COMMISSIONER, however, reserves the right to reduce the amount of the estimated expenditure set forth herein if the monies available to the Department for control of snow and ice are not sufficient to meet the anticipated expenditures for this program. In the event of such an occurrence, the COMMISSIONER shall notify the MUNICIPALITY, on or before November 1st of any year during the term of this Agreement for which such changed 2 estimated expenditure is to apply. Upon receipt of such notice, the MUNICIPALITY shall, in cooperation with the STATE, review and reorganize its operations to the fullest extent practicable to prevent over commitment of allocated funds. The COMMISSIONER may in his or her discretion restore in part or in whole the amount of the estimated expenditure taking into consideration the weather conditions experienced in the MUNICIPALITY and the amount of monies available for control of snow and ice. 10. This section applies only to Fixed Lump Sum and Indexed Lump Sum Contracts: The estimated expenditure may be updated under this contract based upon demonstrated increases or decreases in the cost of performing the work. The cost of the work is comprised of the following portions that have been agreed to by the STATE and MUNICIPALITY: Labor %, Materials % and Equipment %. The approved modified increase or decrease in the estimated expenditure shall become effective upon written notification by the COMMISSIONER to the MUNICIPALITY and shall thereby be substituted in place of the above estimated expenditure and made part of this Agreement without further action. If the mileage of which work is performed by the MUNICIPALITY increases or decreases or the MUNICIPALITY or the state incurs other changes that impact the cost of performing the work, the amount of the estimated expenditure set forth herein may be adjusted by the COMMISSIONER after consultation/negotiation with the MUNICIPALITY in writing, on or before November 1st of any year during the term of this Agreement for which such changed estimated expenditure is to apply. Upon receipt of such notice, the MUNICIPALITY shall, in cooperation with the STATE, review and reorganize its operations to the fullest extent practicable to accommodate the change. 11. The STATE shall indemnify and hold harmless the MUNICIPALITY for work performed hereunder to the extent permitted under Highway Law Section 12 (2-a). 12. The MUNICIPALITY specifically agrees that this Agreement shall be deemed executory only to the extent of the monies available, and no liability shall be incurred by the STATE beyond the monies available for the purpose. 13. This Agreement and the attached Appendix A, Standard Clauses for all New York State Contracts, and Appendix A-1, Supplemental Title VI Provisions (Civil Rights Act) shall bind the parties, their successors and assigns. 14. Below is a listing of all documents forming this agreement: a. Agreement Form—this document titled "Municipal Snow and Ice Agreement" b. Contract Adjustment Worksheet—shows the breakdown of the Estimated Expenditure c. Appendix"A"—New York State Standard Clauses for New York State Contracts d. Appendix"A-1"—Supplemental Title VI Provisions (Civil Rights Act) e. Municipal Resolution — duly adopted Municipal resolution authorizing the appropriate Municipal official to execute this Agreement on behalf of the Municipality and appropriating the funding required therefore f. Attachment Map—defining the municipality's work limits that satisfies the requirements in Section 7 of this Agreement 3 Agency Certification Contract No. D014859 IN WITNESS WHEREOF, This Agreement has been executed by the STATE, acting by and through the duly authorized representative of the COMMISSIONER, and the MUNICIPALITY, which has caused this Agreement to be executed by its duly authorized officer on the date and year first above written. "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK MUNICIPALITY BY BY_ for Commissioner of Transportation Dated Dated ATTORNEY GENERAL'S SIGNATURE NYS COMPTROLLER'S SIGNATURE Dated Dated STATE OF NEW YORK SS: COUNTY OF Westchester On the day of _ in the year before me personally came to me known who, being by me duly sworn, did depose and say that he resides in , New York; that he is the of the municipality described in and which executed the above instrument; that he executed said instrument by order of the Governing Body of said municipality pursuant to a resolution which was duly adopted on _ ; a certified copy of such resolution attached hereto and made a part hereof. Notary Public 4 • AGREEMENT CALCULATION/ADJUSTMENT WORKSHEETS 19/20 Snow & Ice Season New Contract# D014859 Contract Period: 7/1/2019 to 6/30/2024 PREVIOUS CONTRACT INFORMATION Municipality Town of Mamaroneck Contract D010708 County Westchester Region 8 2016/17 Season's Estimated Expenditure $14,517.60 $23,013.40 2017/18 Season's Estimated Expenditure $14,977.60 $31,288.35 2018/19 Season's Estimated Expenditure $15,226.00 $18,880.24 $24,394.00 *Actual Paid amounts include any adjustment payments beyond the estimated expenditure made during or after that season's end(i.e, index adjustments for winter severity, reasonableness review adjustments, etc). NEW CONTRACT INFORMATION CONTRACT # D014859 3-Year Averages $24,394.00 Labor 41.70% Materials 25.05% Equipment 33.25% Value $10,172.30 $6,109.88 $8,111.82 LABOR* Labor Portion of 3-Year Average $10,172.30 % Labor Increase/Decrease for 2019/20 Season x () % Additional/Less Labor Costs for 2019/20 Labor Portion of 2019/20 Season's Estimated Expenditure $' 10, 17 2' 30 * Attach Municipality's certification of applicable labor cost increase MATERIALS Materials Portion of 3-Year Average $6,109.88 2018/19 I. Current 2018/19 Extension Difference II. I.x II. Materials Total Proportionate Price price (Show+/-) ± A % Inc/Dec Material$ $Amount Per Unit Per Unit Salt 100% $6,109.88 $6,109.88 $65.74 $70.61 -$4.87 -6.90% -$421.40 Sand Other Materials Total $5,688.48 Materials Portion of 2019/20 Season's Estimated Expenditure $5,688A8 EQUIPMENT Equipment Portion of 3-Year Average $8,111.82 % Equipment Increase/Decrease for 2019/20 Season x 0% Additional/Less Equipment Costs for 2019/20 $0.00 Equipment Portion of 2019/20 Extension's Estimated Expenditure $8,111.82 SUB-TOTAL(Before Fixed Costs) $ 23; 72. 6 FIXED COSTS (only fill out if necessary) Salt Storage (Barns) DTN Weather Service . Snow Fence - Total Fixed Costs SUMMARY OF COSTS 2019/2020 Estimated Expenditure Breakdown Labor 42 '43 Materials 2 3' i3 Equipment 33 . a4- Value 3 ' 84- Value 1C, 172 * 3 S 6 88'4 8 8, 01 ' 3 2- SUB-TOTAL $ 2 3 9 72..' (, Add Fixed Costs(if necessary) 2019/20 SEASON ESTIMATE (Labor+Materials+Equipment+Fixed Costs) $ 23, 972' 6 Total Base Estimate for Contract (Total Contract Value) 115 , 843 (19/20 estimate multiplied by 5) Recommended by: Approved by: Resident Engineer S&I Program Manager FOR NEW/CONTINUING INDEXED LUMP SUM AGREEMENTS ONLY Indexed lump sum snow and ice contracts require the use of a "permanent divisor," or PD. This number is the average of the number of miles plowed (also known as J-miles) over the previous 3 years by the NYSDOT Residency that would otherwise be responsible for plowing the roads being contracted to the municipality in this agreement. The PD number would, for the purposes of this agreement, constitute an "average" winter for the entire life of this agreement (20 years maximum), only being reset when a new contract is established. At the end of each winter, the actual total of J-miles plowed would be compared against the PD to determine a winter severity index. An index of less than 0.67 would be considered a light winter, 0.671 to 1.000 more toward average, and greater than 1 would be considered a severe winter. More details can be found in the Municipal-State Agreements for Control of Snow and Ice on State Highways: Terms, Reimbursement Procedures and Documentation, Section 4.5. For these agreements, J-mile totals are calculated by the following formula: J01 Miles + J02 Miles + (J03 Miles multiplied by 2) If the prior contract was an index lump sum contract, the information below indicates the J-mile totals NYSDOT Main Office has on record for the previous 3 seasons, with a suggested new Permanent Divisor. Also, for purposes of calculating the winter severity index, the number of Lane Miles the appropriate NYSDOT residency is responsible for needs to be known. Please verify the numbers for accuracy. If the prior contract was not an index lump sum contract, please write down the values where indicated. 64,769 573 85,382 573 50,662 573 66,938 MAP SHOWING TOWN OF MAMARONECK RESPONSIBILITY FOR SNOW&ICE CONTROL ON STATE HIGHWAYS FOR THE SEASONS OF 2019/20-2023/24 CENTER LANE MILES CONTRACT LANE MILES 9.20 SNOW AND ICE CONTROL SIGNED REGIONAL DIRECTOR OF OPERATIONS DATE SIGNED FOR MUNICIPALITY DATE 1► lit 21mile NIF 19 20 :, ' ,17-18 .kr,'N'i .4 1 co .t ,,,, is ,, 0,.440 ,, 4 * archm • / -,5 ",411/ Nort 4mt; ro ck . 17 c,,,, I A�► ' „A.. Ano„'IML,It. ('S ..f\'1K. Olaj Larchmont 'f(A 4.41.1 ,*()00CY : ' Ai/ ci , s fill I, Rochelle,. ' 1 .. QUEcE OF .. ROCKS 410”‹ APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. January 2014 STANDARD CLAUSES FOR NYS CONTRACTS AHEM TABLE OF CONTENTS Page 1. Executory Clause 3 2. Non-Assignment Clause 3 3. Comptroller's Approval 3 4. Workers' Compensation Benefits 3 5. Non-Discrimination Requirements 3 6. Wage and Hours Provisions 3 7. Non-Collusive Bidding Certification 4 8. International Boycott Prohibition 4 9. Set-Off Rights 4 10. Records 4 11. Identifying Information and Privacy Notification 4 12. Equal Employment Opportunities For Minorities and Women 4-5 13. Conflicting Terms 5 14. Governing Law 5 15. Late Payment 5 16. No Arbitration 5 17. Service of Process 5 18. Prohibition on Purchase of Tropical Hardwoods 5-6 19. MacBride Fair Employment Principles 6 20. Omnibus Procurement Act of 1992 6 21. Reciprocity and Sanctions Provisions 6 22. Compliance with New York State Information Security Breach and Notification Act 6 23. Compliance with Consultant Disclosure Law 6 24. Procurement Lobbying 7 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7 State Contractors,Affiliates and Subcontractors 26. Iran Divestment Act 7 Page 2 January 2014 STANDARD CIADSES FOR DTS CONTRACTS ' MEM STANDARD CLAUSES FOR NYS CONTRACTS contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life The parties to the attached contract,license, lease,amendment of this contract for the benefit of such employees as are or other agreement of any kind (hereinafter, "the contract" or required to be covered by the provisions of the Workers' "this contract") agree to be bound by the following clauses Compensation Law. which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, 5. NON-DISCRIMINATION REQUIREMENTS. To the whether a contractor, licenser, licensee, lessor, lessee or any extent required by Article 15 of the Executive Law (also other party): known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination 1. EXECUTORY CLAUSE. In accordance with Section 41 provisions, the Contractor will not discriminate against any of the State Finance Law, the State shall have no liability employee or applicant for employment because of race,creed, under this contract to the Contractor or to anyone else beyond color, sex (including gender identity or expression), national funds appropriated and available for this contract. origin, sexual orientation, military status, age, disability, predisposing genetic characteristics, marital status or domestic 2. NON-ASSIGNMENT CLAUSE. In accordance with violence victim status. Furthermore, in accordance with Section 138 of the State Finance Law,this contract may not be Section 220-e of the Labor Law, if this is a contract for the assigned by the Contractor or its right, title or interest therein construction, alteration or repair of any public building or assigned, transferred, conveyed, sublet or otherwise disposed public work or for the manufacture, sale or distribution of of without the State's previous written consent, and attempts materials, equipment or supplies, and to the extent that this to do so are null and void. Notwithstanding the foregoing, contract shall be performed within the State of New York, such prior written consent of an assignment of a contract let Contractor agrees that neither it nor its subcontractors shall,by pursuant to Article XI of the State Finance Law may be reason of race, creed,color,disability, sex,or national origin: waived at the discretion of the contracting agency and with the (a) discriminate in hiring against any New York State citizen concurrence of the State Comptroller where the original who is qualified and available to perform the work; or (b) contract was subject to the State Comptroller's approval, discriminate against or intimidate any employee hired for the where the assignment is due to a reorganization, merger or performance of work under this contract. If this is a building consolidation of the Contractor's business entity or enterprise. service contract as defined in Section 230 of the Labor Law, The State retains its right to approve an assignment and to then, in accordance with Section 239 thereof, Contractor require that any Contractor demonstrate its responsibility to do agrees that neither it nor its subcontractors shall by reason of business with the State. The Contractor may, however, assign race, creed, color, national origin, age, sex or disability: (a) its right to receive payments without the State's prior written discriminate in hiring against any New York State citizen who consent unless this contract concerns Certificates of is qualified and available to perform the work; or (b) Participation pursuant to Article 5-A of the State Finance Law. discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject 3. COMPTROLLER'S APPROVAL. In accordance with to fines of $50.00 per person per day for any violation of Section 112 of the State Finance Law (or, if this contract is Section 220-e or Section 239 as well as possible termination with the State University or City University of New York, of this contract and forfeiture of all moneys due hereunder for Section 355 or Section 6218 of the Education Law), if this a second or subsequent violation. contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. 6. WAGE AND HOURS PROVISIONS. If this is a public and C.U.N.Y. contracts), or if this is an amendment for any work contract covered by Article 8 of the Labor Law or a amount to a contract which, as so amended, exceeds said building service contract covered by Article 9 thereof, neither statutory amount, or if, by this contract, the State agrees to Contractor's employees nor the employees of its give something other than money when the value or subcontractors may be required or permitted to work more reasonably estimated value of such consideration exceeds than the number of hours or days stated in said statutes,except $10,000, it shall not be valid, effective or binding upon the as otherwise provided in the Labor Law and as set forth in State until it has been approved by the State Comptroller and prevailing wage and supplement schedules issued by the State filed in his office. Comptroller's approval of contracts let by Labor Department. Furthermore, Contractor and its the Office of General Services is required when such contracts subcontractors must pay at least the prevailing wage rate and exceed $85,000 (State Finance Law Section 163.6-a). pay or provide the prevailing supplements, including the However, such pre-approval shall not be required for any premium rates for overtime pay, as determined by the State contract established as a centralized contract through the Labor Department in accordance with the Labor Law. Office of General Services or for a purchase order or other Additionally,effective April 28,2008, if this is a public work transaction issued under such centralized contract. contract covered by Article 8 of the Labor Law,the Contractor understands and agrees that the filing of payrolls in a manner 4. WORKERS' COMPENSATION BENEFITS. In consistent with Subdivision 3-a of Section 220 of the Labor accordance with Section 142 of the State Finance Law, this Law shall be a condition precedent to payment by the State of Page 3 January 2014 STUMMMMM CURSES FOM NYS COMIMACTS Ott any State approved sums due and owing for work done upon contract, shall have access to the Records during normal the project. business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually 7. NON-COLLUSIVE BIDDING CERTIFICATION. In agreeable and reasonable venue within the State, for the term accordance with Section 139-d of the State Finance Law, if specified above for the purposes of inspection, auditing and this contract was awarded based upon the submission of bids, copying. The State shall take reasonable steps to protect from Contractor affirms, under penalty of perjury, that its bid was public disclosure any of the Records which are exempt from arrived at independently and without collusion aimed at disclosure under Section 87 of the Public Officers Law (the restricting competition. Contractor further affirms that, at the "Statute")provided that: (i)the Contractor shall timely inform time Contractor submitted its bid, an authorized and an appropriate State official, in writing, that said records responsible person executed and delivered to the State a non- should not be disclosed; and (ii) said records shall be collusive bidding certification on Contractor's behalf. sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained 8. INTERNATIONAL BOYCOTT PROHIBITION. In herein shall diminish, or in any way adversely affect, the accordance with Section 220-f of the Labor Law and Section State's right to discovery in any pending or future litigation. 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the 11. IDENTIFYING INFORMATION AND PRIVACY contract, that neither the Contractor nor any substantially NOTIFICATION. (a) Identification Number(s). Every owned or affiliated person, firm, partnership or corporation invoice or New York State Claim for Payment submitted to a has participated, is participating, or shall participate in an New York State agency by a payee,for payment for the sale of international boycott in violation of the federal Export goods or services or for transactions (e.g., leases, easements, Administration Act of 1979 (50 USC App. Sections 2401 et licenses,etc.)related to real or personal property must include seq.) or regulations thereunder. If such Contractor, or any of the payee's identification number. The number is any or all of the aforesaid affiliates of Contractor, is convicted or is the following: (i)the payee's Federal employer identification otherwise found to have violated said laws or regulations upon number,(ii)the payee's Federal social security number,and/or the final determination of the United States Commerce (iii)the payee's Vendor Identification Number assigned by the Department or any other appropriate agency of the United Statewide Financial System. Failure to include such number States subsequent to the contract's execution, such contract, or numbers may delay payment. Where the payee does not amendment or modification thereto shall be rendered forfeit have such number or numbers, the payee, on its invoice or and void. The Contractor shall so notify the State Comptroller Claim for Payment, must give the reason or reasons why the within five(5)business days of such conviction,determination payee does not have such number or numbers. or disposition of appeal(2NYCRR 105.4). (b) Privacy Notification. (1) The authority to request the 9. SET-OFF RIGHTS. The State shall have all of its above personal information from a seller of goods or services common law, equitable and statutory rights of set-off. These or a lessor of real or personal property, and the authority to rights shall include,but not be limited to,the State's option to maintain such information, is found in Section 5 of the State withhold for the purposes of set-off any moneys due to the Tax Law. Disclosure of this information by the seller or lessor Contractor under this contract up to any amounts due and to the State is mandatory. The principal purpose for which the owing to the State with regard to this contract, any other information is collected is to enable the State to identify contract with any State department or agency, including any individuals, businesses and others who have been delinquent contract for a term commencing prior to the term of this in filing tax returns or may have understated their tax contract, plus any amounts due and owing to the State for any liabilities and to generally identify persons affected by the other reason including, without limitation, tax delinquencies, taxes administered by the Commissioner of Taxation and fee delinquencies or monetary penalties relative thereto. The Finance. The information will be used for tax administration State shall exercise its set-off rights in accordance with normal purposes and for any other purpose authorized by law. (2)The State practices including, in cases of set-off pursuant to an personal information is requested by the purchasing unit of the audit, the finalization of such audit by the State agency, its agency contracting to purchase the goods or services or lease representatives,or the State Comptroller. the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial 10. RECORDS. The Contractor shall establish and maintain System by the Vendor Management Unit within the Bureau of complete and accurate books, records, documents, accounts State Expenditures, Office of the State Comptroller, 110 State and other evidence directly pertinent to performance under Street,Albany,New York 12236. this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR which they were made and for six (6) additional years MINORITIES AND WOMEN. In accordance with Section thereafter. The State Comptroller, the Attorney General and 312 of the Executive Law and 5 NYCRR 143, if this contract any other person or entity authorized to conduct an is: (i) a written agreement or purchase order instrument, examination,as well as the agency or agencies involved in this providing for a total expenditure in excess of $25,000.00, Page 4 January 2014 STANDARD CIABSES FOM NYS CONTRACTS WEN= whereby a contracting agency is committed to expend or does opportunity which effectuates the purpose of this section. The expend funds in return for labor, services, supplies, contracting agency shall determine whether the imposition of equipment, materials or any combination of the foregoing, to the requirements of the provisions hereof duplicate or conflict be performed for, or rendered or furnished to the contracting with any such federal law and if such duplication or conflict agency; or (ii) a written agreement in excess of$100,000.00 exists, the contracting agency shall waive the applicability of whereby a contracting agency is committed to expend or does Section 312 to the extent of such duplication or conflict. expend funds for the acquisition, construction, demolition, Contractor will comply with all duly promulgated and lawful replacement, major repair or renovation of real property and rules and regulations of the Department of Economic improvements thereon; or (iii) a written agreement in excess Development's Division of Minority and Women's Business of$100,000.00 whereby the owner of a State assisted housing Development pertaining hereto. project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major 13. CONFLICTING TERMS. In the event of a conflict repair or renovation of real property and improvements between the terms of the contract (including any and all thereon for such project,then the following shall apply and by attachments thereto and amendments thereof)and the terms of signing this agreement the Contractor certifies and affirms that this Appendix A,the terms of this Appendix A shall control. it is Contractor's equal employment opportunity policy that: 14.GOVERNING LAW. This contract shall be governed by (a) The Contractor will not discriminate against employees or the laws of the State of New York except where the Federal applicants for employment because of race, creed, color, supremacy clause requires otherwise. national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to 15. LATE PAYMENT. Timeliness of payment and any employ and utilize minority group members and women in its interest to be paid to Contractor for late payment shall be work force on State contracts and will undertake or continue governed by Article 11-A of the State Finance Law to the existing programs of affirmative action to ensure that minority extent required by law. group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall 16. NO ARBITRATION. Disputes involving this contract, mean recruitment, employment, job assignment, promotion, including the breach or alleged breach thereof, may not be upgradings,demotion,transfer,layoff,or termination and rates submitted to binding arbitration (except where statutorily of pay or other forms of compensation; authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or 17.SERVICE OF PROCESS. In addition to the methods of authorized representative of workers with which it has a service allowed by the State Civil Practice Law & Rules collective bargaining or other agreement or understanding, to ("CPLR"), Contractor hereby consents to service of process furnish a written statement that such employment agency, upon it by registered or certified mail,return receipt requested. labor union or representative will not discriminate on the basis Service hereunder shall be complete upon Contractor's actual of race, creed, color, national origin, sex, age, disability or receipt of process or upon the State's receipt of the return marital status and that such union or representative will thereof by the United States Postal Service as refused or affirmatively cooperate in the implementation of the undeliverable. Contractor must promptly notify the State, in Contractor's obligations herein;and writing,of each and every change of address to which service of process can be made. Service by the State to the last known (c) the Contractor shall state, in all solicitations or address shall be sufficient. Contractor will have thirty (30) advertisements for employees, that, in the performance of the calendar days after service hereunder is complete in which to State contract, all qualified applicants will be afforded equal respond. employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or 18. PROHIBITION ON PURCHASE OF TROPICAL marital status. HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be Contractor will include the provisions of "a", "b", and "c" in accordance with, but not limited to, the specifications and above, in every subcontract over $25,000.00 for the provisions of Section 165 of the State Finance Law, (Use of construction, demolition, replacement, major repair, Tropical Hardwoods) which prohibits purchase and use of renovation, planning or design of real property and tropical hardwoods,unless specifically exempted,by the State improvements thereon(the"Work")except where the Work is or any governmental agency or political subdivision or public for the beneficial use of the Contractor. Section 312 does not benefit corporation. Qualification for an exemption under this apply to: (i)work,goods or services unrelated to this contract; law will be the responsibility of the contractor to establish to or (ii) employment outside New York State. The State shall meet with the approval of the State. consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment Page 5 January 2014 STAMM CLUSES FOR NYS CONTRACTS APPEND In addition, when any portion of this contract involving the (a) The Contractor has made reasonable efforts to encourage use of woods, whether supply or installation, is to be the participation of New York State Business Enterprises as performed by any subcontractor, the prime Contractor will suppliers and subcontractors, including certified minority and indicate and certify in the submitted bid proposal that the women-owned business enterprises, on this project, and has subcontractor has been informed and is in compliance with retained the documentation of these efforts to be provided specifications and provisions regarding use of tropical upon request to the State; hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the (b) The Contractor has complied with the Federal Equal bid may not be considered responsive. Under bidder Opportunity Act of 1972(P.L.92-261),as amended; certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of (c) The Contractor agrees to make reasonable efforts to the State. provide notification to New York State residents of employment opportunities on this project through listing any 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. such positions with the Job Service Division of the New York In accordance with the MacBride Fair Employment Principles State Department of Labor, or providing such notification in (Chapter 807 of the Laws of 1992), the Contractor hereby such manner as is consistent with existing collective stipulates that the Contractor either (a) has no business bargaining contracts or agreements. The Contractor agrees to operations in Northern Ireland,or(b)shall take lawful steps in document these efforts and to provide said documentation to good faith to conduct any business operations in Northern the State upon request;and Ireland in accordance with the MacBride Fair Employment Principles(as described in Section 165 of the New York State (d) The Contractor acknowledges notice that the State may Finance Law), and shall permit independent monitoring of seek to obtain offset credits from foreign countries as a result compliance with such principles. of this contract and agrees to cooperate with the State in these efforts. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the 21. RECIPROCITY AND SANCTIONS PROVISIONS. participation of New York State business enterprises, Bidders are hereby notified that if their principal place of including minority and women-owned business enterprises as business is located in a country, nation, province, state or bidders, subcontractors and suppliers on its procurement political subdivision that penalizes New York State vendors, contracts. and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Information on the availability of New York State Procurement Act 1994 and 2000 amendments (Chapter 684 subcontractors and suppliers is available from: and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of NYS Department of Economic Development May 15, 2002, the list of discriminatory jurisdictions subject Division for Small Business to this provision includes the states of South Carolina,Alaska, Albany,New York 12245 West Virginia, Wyoming, Louisiana and Hawaii. Contact Telephone: 518-292-5100 NYS Department of Economic Development for a current list Fax: 518-292-5884 of jurisdictions subject to this provision. email:opa@esd.ny.gov 22. COMPLIANCE WITH NEW YORK STATE A directory of certified minority and women-owned business INFORMATION SECURITY BREACH AND enterprises is available from: NOTIFICATION ACT. Contractor shall comply with the provisions of the New York State Information Security Breach NYS Department of Economic Development and Notification Act (General Business Law Section 899-aa; Division of Minority and Women's Business Development State Technology Law Section 208). 633 Third Avenue New York,NY 10017 23. COMPLIANCE WITH CONSULTANT 212-803-2414 DISCLOSURE LAW. If this is a contract for consulting email:mwbecertification@esd.nv.gov services, defined for purposes of this requirement to include https://ny.newnycontracts.com/FrontEnd/VendorSearchPu analysis, evaluation, research, training, data processing, blic.asp computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, The Omnibus Procurement Act of 1992 requires that by legal or similar services,then, in accordance with Section 163 signing this bid proposal or contract, as applicable, (4-g)of the State Finance Law(as amended by Chapter 10 of Contractors certify that whenever the total bid amount is the Laws of 2006),the Contractor shall timely,accurately and greater than$1 million: properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded Page 6 January 2014 STANDARD CIADSES FN NYS CONTRACTS ARNDNA the contract, the Department of Civil Service and the State limited to, imposing sanctions, seeking compliance, Comptroller. recovering damages,or declaring the Contractor in default. 24. PROCUREMENT LOBBYING. To the extent this The state agency reserves the right to reject any bid, request agreement is a"procurement contract"as defined by for assignment,renewal or extension for an entity that appears State Finance Law Sections 139-j and 139-k, by signing this on the Prohibited Entities List prior to the award,assignment, agreement the contractor certifies and affirms that all renewal or extension of a contract, and to pursue a disclosures made in accordance with State Finance Law responsibility review with respect to any entity that is awarded Sections 139-j and 139-k are complete, true and accurate. In a contract and appears on the Prohibited Entities list after the event such certification is found to be intentionally false or contract award. intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS. AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract,the Department of Taxation and Finance or the covered agency, as defined by Tax Law 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated,by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26.IRAN DIVESTMENT ACT. By entering into this Agreement,Contractor certifies in accordance with State Finance Law§165-a that it is not on the"Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012"("Prohibited Entities List")posted at: http://www.ogs.ny.gov/about/regs/docs/Listoffintities.pdf Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not Page 7 January 2014 APPENDIX A-1 SUPPLEMENTAL TITLE VI PROVISIONS (CIVIL RIGHTS ACT) (To be included in all contracts) During the performance of this contract, the contractor, for itself, its assignees and successors in interest(hereinafter referred to as the"contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally assisted programs of the Department of Transportation of the United States, Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter"FHWA") Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, religion, age, color, sex or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by NYSDOT or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to NYSDOT's Office of Civil Rights or FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, NYSDOT shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a) Withholding of payments to the contractor under the contract until the contractor complies; and/or b) Cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor procurement as NYSDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request NYSDOT to enter into such litigation to protect the interests of NYSDOT, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. • D 1 � F <. °- ( o Town of Mamaroneck 4 —� _< <1 - *4 m Town Center x 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 saltieri@townofmamaroneckny.org Memorandum www.townofmamaroneckny.org To: Supervisor and Town Board Re: Authorization- Renewal of Engineering Services Agreement Dolph Rotfeld Engineering Date: November 1, 2019 The Town of Mamaroneck has had in place a contract with Rotfeld Engineering to provide various engineering service. Of late the bulk of their services have been as consultants to the Town Planning Board. However, the Town has used the firm in the past for other engineering services when necessary. Within the last six months, Rotfeld Engineering has consolidated with AI Engineering. As a result, the firm needs to renew the agreement to reflect the merger of the two firms. The agreement provides the Town the discretion of utilizing Rotfeld' s services when relevant but leaves the Town the ability to seek proposals from other firms depending upon the type of engineering services needed for a particular project. The renewal agreement will expire in December of 2020. Rotfeld Engineering has provided excellent services to the Town. Requested Action: that the Town approve the agreement between the Town and Rotfeld Engineering as submitted and authorize the Town Administrator to execute the agreement on behalf th To n. ephen V. Altieri Town Administrator MOTION,OF SEC,OI BY /LP" E l5' toPrinted on Recycled Paper 570 Dolph Rotfeld Engineering, Elm Taxter Road,Suite 300 Elmsford, NY 10523 914-631-8600 phone Division of AI Engineers, Inc., P.C. 914-631-5769 fax www.drepc.com www.aiengineers.com May 21, 2019 Mr. Stephen Altieri, Town Administrator L`CEA/ED TOWN OF MAMARONECK 740 West Boston Post Road MAY 2 8 2019 Mamaroneck, NY 10543 T1WN OF MAMA' O r.1 Re: ENGINEERING SERVICES Off Dear Mr. Altieri: Dolph Rotfeld Engineering, a Division of AI Engineers, Inc., P.C., (Engineer), is pleased to hereby submit proposed contract and scope of work and fees for providing continuing professional engineering services to the Town of Mamaroneck (Town). I. CAPITAL PROJECTS Prepare engineering reports and research products relative to the specific Capital Project being contemplated; prepare plans, specifications and bid documents for the construction of the project. Preparation of plans will be in accordance with applicable local, state and federal codes and standards, as well as our best effort and generally accepted engineering practice and principles. In the performance of our work, we will coordinate all activities with you, other Town officials and personnel as appropriate; present our work product to permitting agencies for review and assist in the preparation of applications for approval of plans for the project. Review bids and assist in the award of contracts. An AI Engineers,Inc. Company Mr. Stephen Altieri, Town Administrator AI Engineers,Inc. i Page 2 Civil Engineering Designs CATEGORY A is to apply to complex assignments of which the following are typical examples: a. Industrial buildings, warehouses, garages and comparable structures b. Bridges which are asymmetric or are otherwise complicated c. Sanitary sewer or storm sewer pumping stations d. Storm sewers, culverts and catch basins and manholes; stormwater quality treatment systems e. Traffic control devices CATEGORY B is to apply to less complex assignments of which the following are examples: a. Bridges and other structures of conventional design b. Rehabilitation of streets, sidewalks, curbs, parking lots c. Construction of new streets, sidewalks, curbs and parking lots d. Conventional flood walls and retaining walls e. Sanitary sewers and manholes; new construction or rehabilitation, point repairs and lining Our fee for civil engineering services rendered on each capital project shall be on a lump sum basis for the type of project as listed in Category A or B. The fee shall be based on the bid for Projects listed in Category A shall be 8.5% and in Category B shall be 7.5%. An estimated construction cost shall be prepared for you for each capital project to be undertaken. II. GENERAL ENGINEERING The review of plans for compliance with the standards, rules and regulations of the Town of Mamaroneck and other regulatory agencies, as related to realty subdivisions and site development for projects submitted to the Building Inspector, the Planning Board or the Board of Trustees. Provide services as requested for review of other engineering related items that need input for your office, the Department of Public Works, Building Department and any of the Town Boards or Commissions. Preparation of reports where engineering is needed for correction of infrastructure and related problems, or other non-capital or non-public bid projects to be undertaken by the Town Department of Public Works. Mr. Stephen Altieri, Town Administrator Engineers,Inc. Page 3 Provide personnel on an "as needed" basis to assist the Town in conducting inspections of private work being done under Town permit, also in the evaluation and inspection of work undertaken or contracted by the Town, including activities such as video inspections, sliplining and point repairs of sewer and drain lines; roadway repairs and paving; and in resolving residents' concerns on engineering-related matters or problems. In response to requests from the Town, we will conduct studies and investigations on any variety of engineering related subjects some of which the following are typical examples. Budget estimates will be prepared for the assigned task whenever possible. • Research of available grants and preparation of grant applications as needed. • General inventory of infrastructure conditions. • Responses to complaints received by the Town and referred to us on infrastructure malfunctions or engineering type problems. • Engineering reports and planning studies for capital and non-capital projects. III. ADDITIONAL SERVICES The engineering services outlined in Items I and II above, do not include services in the following categories of work and which are not included in the lump sum fee. The fees for these services shall be either on an hourly basis, as billed by our Sub-Consultants or as negotiated under separate proposal. • Services resulting from significant changes in the project or major changes in documentation, plans and specifications, previously accepted by the Town where changes are due to causes beyond Engineer's control. • Services in connection to staking out the proposed work. • Services in connection with design of subsurface support pilings, or special foundations for utility lines or structures. • Services in connection with preparation of construction plans and specifications for architectural, electrical, HVAC and mechanical work. • Services to obtain core borings, probing and subsurface explorations, soil, stream, water or air sampling, laboratory tests and inspections of samples, materials, equipment and analysis of all such samples; property, topographic, easement and right-of-way surveys; property descriptions; costs for printing of plans, specifications and bid documents during the design and bidding process. Mr. Stephen Altieri, Town Administrator AI Engineers,Inc. Page 4 • Assist Town in putting projects out to bid and checking references and analyzing the bids received for the projects. • Preparation of Draft or Final Environmental Impact Statement or Environmental Assessment Forms. • Preparation to serve or serving as a witness in any legal or administrative proceeding. • Reproduction and printing of plans and specifications. IV. CONSTRUCTION ADMINISTRATION AND INSPECTION A Project Representative from our firm will be assigned on-site, as needed per direction of Town, during construction for length of the allocated time in the Contract, to observe performance of the Contractor's work, including shop drawing review. Through on-site observations of the work in progress and field checks of materials and equipment by firm's Project Representative, we shall endeavor to provide protection against defects and deficiencies in the work of Contractors; by the furnishing of such project representation will not make us responsible for construction means, methods, techniques sequences or procedures for safety precautions or programs, or for Contractors' failure to perform their work in accordance with the Contract Documents. On the basis of on-site observations, we shall keep the Town informed of the progress of the work, shall endeavor to guard the Town against defects and deficiencies in such work and may disapprove or reject work failing to conform to the Contract Documents. Review and approve or take other appropriate action in respect to shop drawings and samples, the results of tests and inspections and other data which Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the contract documents. Such review and approval or other action shall not extend to means, methods, sequences, techniques, or procedures of construction or to safety precautions and programs incident thereto; determine the acceptability of substitute materials and equipment proposed by Contractor. Review and certify all contractor invoices for completion and payment by the Town. Review and negotiate proposed change orders with the Contractor and recommend a course of action to the Town, including payment or non-payment of these requests. Conduct a final inspection to determine if the work has been completed in accordance with the contract documents and if contractor has fulfilled all of his obligations thereunder so that we may give written notice to the Town that the work is acceptable (subject to any conditions therein expressed), but any such recommendation and notice shall be subject to the limitations expressed above. Mr. Stephen Altieri, Town Administrator AI Engineers,Inc. •ti Page 5 We shall not be responsible for the actions or omissions of any Contractor, Sub-Contractor, or any of the Contractor's or Sub- Contractor's agents or employees or any other persons, except our own employees and agents, at the site or otherwise performing any of the Contractor's work. V. TOWN'S RESPONSIBILTIES TOWN shall provide all criteria, site plan, property survey and full information as to requirements for the project; designate a person to act with authority on TOWN's behalf in respect of all aspects of the Project; examine and respond promptly to ENGINEER's submissions; and give prompt notice to ENGINEER whenever he observed or otherwise becomes aware of any defect in the work. TOWN shall do the following and pay all costs incident thereto: • Furnish to Engineer, or at Town's option, pay Engineer to obtain at their cost: laboratory tests and inspections of samples, materials, equipment and similar data and analysis of all such samples; property, easement and right-of-way surveys; property descriptions; all of which Engineer may rely upon in performing his services. • Guarantee access to and make all provisions for Engineer to enter upon public and private property. • Provide such legal, accounting and insurance counseling services as may be required for the Project. Town shall pay all costs for printing of plans, specifications and bid documents during the design process and project bid phase. VI. MISCELLANEOUS Reuse of Documents All documents including Drawings and Specifications prepared by the Engineer pursuant to this Agreement, are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by Town or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purposes intended will be at Town's sole risk and without liability or legal exposure to Mr. Stephen Altieri, Town Administrator AI Engineers,Inc. Page 6 Engineer; and Town shall indemnify and hold harmless Engineer from attorneys' fees arising out of or resulting therefrom. Any such verification of adaptation will entitle Engineer to further compensation at rates to be agreed upon by Town and Engineer. Opinions of Cost Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s); methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost and Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual Project or Construction Cost will not vary from opinions of probable cost prepared by him. Successors and Assigns Town and Engineer each binds himself and his partners, successors, executors, administrators, assigns and legal representatives to the other part of this Agreement and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements and obligations of this Agreement. Neither Town nor Engineer shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or monies that are due), this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Engineer from employing such independent consultants, associates and subcontractors as he may deem appropriate to assist him in the performance of services hereunder. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than Town and Engineer. Services The Engineer's services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing design professionals performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions. The Engineer makes no other representations or warranties, whether expressed or implied, with respect to the services rendered hereunder. Payment The Town shall pay the Engineer for preparation of the work described and performed. Mr. Stephen Altieri, Town Administrator AI Engineers,Inc. Page 7 For Item I. the Engineer may submit progress payments based on the percentage of work completed and the estimated construction cost, with the final payment based on actual bid price. The Town shall pay all invoices within thirty days of receipt. The following hourly fee schedule applies to services rendered in Items II III and IV for personnel assigned to the tasks: Principal: $ 200.00 Project Manager: $ 180.00 Project Engineer: $ 150.00 Associate Engineer: $ 100.00 Designer/Draftsperson: $ 100.00 Construction Inspector: $ 95.00 Ecologist/Wetland Specialist $160.00 This hourly rate schedule includes direct payroll, fringes, benefits, overhead, non-technical services and profit. Field work by personnel in excess of eight hours per day, or work on Saturday and/or Sunday, shall increase the hourly rate by 40%. Other items to be billed at our cost will be as outlined above in III., as "ADDITIONAL SERVICES". The Town shall pay all invoices within thirty days of receipt. We look forward to continuing working with the Town of Mamaroneck. We look forward to continuing working with the Town of Mamaroneck. The effective term of this contract is from July 1, 2019 through December 31, 2020. If this proposal is satisfactory, please indicate your acceptance in the space designated below. Very truly yours, / Dolph Rotfeld, P.E., BCE Vice President Agreed to this day of 2019 By: For the Town of Mamaroneck ADT .6) . 0 Mamaroneck Town Police l C Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3319 TEL: 914/381-6100 FAX: 914/381-7897 Office of the Police Chief October 21, 2019 MOTTO SEGO [QED BY To: Stephen V. Altieri ''" "— p Town Administrator From: Chief Paul Creazzo Mamaroneck Town Police Department Re: Additional Funds for RMP equipment Steve, The attached requisition form for$5,459.20 is for RMP equipment for our 2019 RMP Capital Project. The additional funds are needed because of an unexpected increase in the cost of the vehicles. In our 2019 RMP capital project, we had anticipated a minor increase in cost for 2019 RMP's. When we attempted to place our order in early 2019 we were advised that 2019 vehicles were no longer being produced so that Ford could tool up for their new redesigned 2020 police interceptor utility. When the 2020 RMP's were priced out we became aware of a substantial price increase for the new vehicles. This price increase meant that our 2019 RMP capital project was underfunded requiring our request for additional funds. Sincerely, Chief Paul Creazzo t, Printed on Recycled Paper TOWN OF MAMARONECK REQUISITION FORM REQUISITION NO. DEPT: POLICE DEPARTMENT SHIP TO: 740 W BOSTON POST ROAD.MAMARONECK DATE OF REQUISITION: OCTOBER 17,2019 - - BUDdrT UNIT EXTENDED RECOMMENDED QUANTITY DESCRIPTION OF GOODS OR SERVICES CODE PRICE PRICE VENDOR(S) 2.00 PARTITION PRO-GUARD WIT RECESS PANEL H 3120.0400 $ 695.00 $ 1,390.00 2.00 PARTITION PRO-GUARD REAR CARGO BARIER $ 395.00 $ 790.00 2.00 DUAL WEAPON VERTICAL MOUNT $ 349.00 $ 698.00 2.00 TRUNK ORGANIZER FOLD UP CARGO PLATE $ 565.00 $ 1,130.00 2.00 MOUNTING TRAY $ 202.00 $ 404.00 2.00 HAVIS ANGLES CONSOLE $ 340.00 $ 680.00 ONTARIO COUNTY NY 2.00 4"PLATE WITH CUP HOLDER $ 30.00 $ 60.00 B18078 2.00 ARMREST $ 85.00 $ 170.00 1.00 HAVIS PHONE CRADLE MAGNET MOUNT $ 63.00 $ 63.00 2.00 HOOK KIT FOR 2020 INTERCEPTOR UTILITY $ 37.10 $ 74.20 GENERAL SALES _ $ - ADMINISTRATION $ - T/A MAJOR POLICE $ - SUPPLY $ - 47 N DELL AVENUE $ - KENVIL, NJ 07847 $ $ _ $ $ $ $ $ $ $ $ 5,459.20 DEPARTMENT AUTHORIZATION RITIONPROVED TOWN ADMINISTRATOR ORDERING COPY TO TOWN ADMINISTRATOR'S OFFICE GENERAL SALES ADMINISTRATION Quotation T/A MAJOR POLICE SUPPLY 47 N.DELL AVENUE • KENVIL,NJ 07847 Quote Number: (973)584-7714 Fax(973)584-5022 DK1016MAMAR www.majorpolicesupply.com Quote Date: Oct 23,2019 Denis Kuchta -862-219-0743 dkuchta@majorpolicesupply.com Page. 1 Quoted to: TOWN OF MAMARONECK DPW 1 MAXWELL AVENUE ATTN:MIKE PINTO LARCHMONT,NY 10538 Customer ID Good Thru MAMARONECK 11/22/19 Quantity Item Description Unit Price Extension 2X 2020 FORD PI UTILITY 2.00 PARTITION PARTITION PRO-GARD 695.00 1,390.00 PRPSP470IUINT20A WITH RECESS PANEL AND LOWER EXTENSIONS LIST$883 2.00 PARTITION PARTITION PRO-GARD REAR 395.00 790.00 CARGO BARRIER 2020 FORD PIU B4705UINT20 LIST$484 2.00 DUAL WEAPON DUAL WEAPON VERTICAL MOUNT 349.00 698.00 PRO-GARD GVPM-D LIST$457 2.00 TRUNK ORG HAVIS C TTP-INUT-1201 FOLD UP 565.00 1,130.00 CARGO PLATE FOR MOUNTING EQUIPMENT LIST ',:44.60 2020 FORD PIU 2.00 TRUNK ORG HAVIS C-TTP-INUT-4 MOUNTING 202.00 404.00 TRAY 2020 PIU LIST 302A1 2.00 CONSOLE HAVIS C VS-1012-INUT ANGLED 340.00 680.00 CONSOLE 2020 FORD PIU 2.00 C-EB40SSP-1P EQUIPMENT BRACKET FOR FEDERAL SSP3000 PLATINUM SIREN 2.00 C-EB30-MPM 1P PM1500 PLATE 2.00 FACEPLATE FILLERS AS NEEDED 2.00 C-CUP2-I 4"PLATE W/2 CUP HOLDER 30.00 60.00 2.00 C-ARM-103 ARMREST 85.00 170.00 1.00 MOUNT HAVIS PKG-MAG-101 PHONE 63.00 63.00 CRADLE MAGNET MOUNT 2.00 HKB-FPIU20 HOOK KIT FOR 2020 INTERCEPTOR 37.10 742) UTILITY Subtotal Continued Sales Tax Continued Total Continued GENERAL SALES ADMINISTRATION T/A MAJOR POLICE SUPPLY Quotation 47 N.DELL AVENUE KENVIL, NJ 07847 Quote Number: (973)584-7714 Fax(973)584-5022 DK1016MAMAR www.majorpolicesupply.com Quote Date: Oct 23,2019 Denis Kuchta -862-219-0743 dkuchta@majorpolicesupply.com Page: 2 Quoted to: TOWN OF MAMARONECK DPW 1 MAXWELL AVENUE ATTN:MIKE PINTO LARCHMONT,NY 10538 Customer ID Good Thru MAMARONECK 11/22/19 Quantity Item Description Unit Price Extension ONTARIO COUNTY NY PIGGYBACK B18078 Subtotal 5,459.20 Sales Tax Total 5,459.20 . CA 13 p V OI N t W N O t0 m V O N W N _ '� • v Z m D n 111111111111101 m1 - i Y Oa N • _ _ r r_ a• Q QQ - S Z pionommonconci N N + N N p N + N W N N O 1� O O O O N O N � N N O O �• d or i< a X i< i< i< i< i< i< i< it it i< i'i O e 'm i (‘' l 'k_ z Town of Mamaroneck m � Town Center ~FOUNDL[) ;�,7: 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: (914) 381-7812 OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809 cgreenodonnell@townofrnamaroneckny.org TO: Stephen Altieri, Town Administrator MOT ON OF e ' D 8Y Nancy Seligson, Town Supervisor A Town Board Members �� I FROM: Connie Green O'Donnell, Deputy Town Administrator DATE: November 4, 2019 SUBJECT: Appointment Financial Consultant—Comptroller's Office As you may recall, the Deputy Town Comptroller's position has been vacant since early September due to a resignation. As soon as we were apprised of the resignation, we requested the Civil Service list of candidates for that title. The interviewing process was completed two weeks ago and a candidate was selected for the Town Board's approval. Unfortunately, the candidate declined the proposed employment offer. Currently we are in the process of canvassing the Civil Service list again to fill the position of Deputy Town Comptroller. It is anticipated that the recruitment process will take up to six weeks. In addition to filling this position, the employee who normally processes payroll was to have returned from a leave of absence, however, we were recently advised that the employee will be out on leave for an indefinite period of time. Based on this staffing dilemma, we retained the services of Melissa Reimer who serves as a municipal financial consultant. Given Ms. Reimer's extensive municipal finance experience, she is able to perform the job duties assigned in the Comptroller's office with minimal training. We are requesting that the Town Board approve the appointment until such time the Comptroller's office is fully staffed. Enclosed, for your review, is a copy of Ms. Reimer's resume. ACTION: That the Town Board approve the appointment of Melissa Reimer as a financial consultant in the Comptroller's office at an hourly rate of$50, retroactive to October 28, 2019.