HomeMy WebLinkAbout2020_04_01 Town Board Meeting Packet i
TOWN OF MAMARONECK
TOWN BOARD AGENDA
Wednesday, April 1, 2020
Courtroom
5:00PM PURSUANT TO THE STATE'S SUSPENSION OF THE OPEN
MEETINGS LAW, The meeting will go out live on LMCTV's channel 76 Optimum
and 35 Verizon/Fios as well as the www.lmctv.org website. Direct link is as
follows: http://vod-Imctv.cablecast.ty/cablecastapi/live?
channel id=2&use cdn=true
5:00PM THE TOWN BOARD WILL BE DISCUSSING THESE WORK SESSION
ITEMS:
1. Rock Removal Law
2. Coronavirus Update
3. Preliminary Financial Update - Coronavirus
4. Peddler's Law Review
5. Property Assessments
6. Parking Permit Review
7. Capital Project Update
8. New Business
9. Request for Executive Session
7:30PM CALL TO ORDER
Public Hearing - Senior Citizen Tax Exemption
Senior Citizen Tax Exemption
Supervisor's Report
Citizen Comments
Board of Fire Commissioners
1. Fire Claims
2. Other Fire Department Business
Affairs of Town of Mamaroneck
1. I MA Westchester County- Two Way Radio Equipment
Approval of Minutes
Reports of the Council
Town Clerk's Report
Next Regularly Scheduled Meeting
Meeting Adjournment
Any physically handicapped person needing special assistance in order to attend the meeting should call the
Town Administrator's office at 381-7810.
e� Town of Mamaroneck
a
o , Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FU1$D€D 1661 •
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Rock Removal Law 3/27/20
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° 0 Town of Mamaroneck
i County of Westchester
x 740 West Boston Post Road, Mamaroneck, NY 10543-3353
COUNSEL TEL: 914/381-7815
FAX: 914/381-7809
wMakedr@TownofMamaroneckNY.org
MEMORANDUM
To: Supervisor and Members of the Town Board
ccs: Stephen V. Altieri, Town Administrator
Christina Battalia, Town Clerk
From: William Maker, Jr., Attorney for the Town
Subject: Local law regarding Rock Removal
Date: March 27, 2020
The most recent review of the Town's rock removal law began in November of
last year. In November and December, the Town Board discussed a number of revisions
and earlier this month another set of proposed changes were explored.
I attach a redline of a major modification to the local law that starts with the law
as it currently exists and adds all the changes proposed since November that the Town
Board has expressed an interest in deliberating upon.
I also attach a `clean copy' of the revised law.
� t /
J Printed on Recycled Paper
egEIL1141i
§106-58.1 Duration and hours for mechanical rock removal.
As used in this section, the following terms shall have the meanings indicated:
A. MECHANICAL MEANS
The use of any tools that are not operated solely by human muscular power.
Explosives and the tools used in connection therewith shall not be considered
mechanical means.
ORIGINAL CONSTRUCTION INFRASTRUCTURE
Streets and curbs, and the lines, pipes, culverts and conduits used for transporting
potable water,stennwatevstorm water,sewage and utilities, such as gas, telephone,
electricity, cable television and Internet service, that are built on land subdivided
after February 1,2004,if the subdivision plat creating the lots in that subdivision also
created one or more new private or public streets or created extensions to any
existing private or public street.
ROCK
Natural stone and not impervious concretions created by humans such as macadam,
concrete and bricks.
ROCK REMOVAL
The reduction in size of rocks by mechanical means and the removal of such rock
from the subject property in any residence district or in the Recreation District of the
Town of Mamaroneck:
ROCK REMOVAL PERMIT
A permit issued for rock removal on a subject property.
SUBJECT PROPERTY
A lot for which a rock removal permit is required,or land where the construction of
original eeietiertinfrastructure is to occur if such land lies outside a lot.
•
B. A rock removal permit is required for the removal of rock of any quantity. No rock removal
permit shall be issued until the Building Inspector or the Director of Building Code Enforcement
and Land Use Administration approves the dust mitigation plan submitted by the applicant.
Such plan must incorporate the best dust control practices, including but not limited to, a water
spray system (air suppression or surface wetting) or other practices that are considered best dust
practices at the time the application for a rock removal permit is made. The dust mitigation plan
also must present the measures the applicant intends to use to control water runoff as a result of
water spraying. In the sole discretion of the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration, air quality sampling may be required during the
course of rock removal.
C. Rock removal, other than for the construction of original infrastructure, shall be allowed only
on the 15 days (not including Saturdays, Sundays and public holidays listed in §24 of the New
York General Construction Law) between ' the date specified for the
commencement of the rock removal permit contained in the notice to neighbors described in§106-
58.1 G and the thirtieth (30th) day after that date.The rock removal permit shall contain the date
after which rock removal no longer will be allowed to be done pursuant to that permit. Upon a
showing of undue hardship, the Building Inspector or the Director of Building Code Enforcement
and Land Use Administration may extend the last day on which rock may be removed pursuant
to a rock removal permit by up to five days. If the number of additional days would include a
day or days on which rock removal is prohibited by this section, the extension period will bypass
such days and resume on the first day thereafter when rock removal is permitted by this section.
Y.
D. The holder of a rock removal permit may have its permit suspended by notifying the Building
Department that rock removal has stopped and requesting that the permit be suspended. The
Building Inspector or the Director of Building Code Enforcement and Land Use Administration
shall suspend the permit, record the date of notification and record the number of days between
the date that rock removal was scheduled to begin and the date that the rock removal permit is
suspended. Before resuming rock removal, the holder of a rock removal permit shall notify the
Building Department of the date that it intends to resume whereupon the Building Inspector or
the Director of Building Code Enforcement and Land Use Administration shall lift the suspension
and record the date when the rock removal is to resume. After a suspension is lifted,rock removal
may occur on the number of days that equals the difference between 15 and the number of days
recorded in accordance with the immediately preceding sentence, however, rock removal may
not occur beyond the thirtieth (30th) day after the date specified for the commencement of rock
removal contained in the notice to neighbors described in §106-58.1 G, unless the Building
Inspector or the Director of Building Code Enforcement and Land Use Administration grants
permission to remove rock after the permit's expiration date pursuant to§106-58.C.
2
D—E. For the construction of original infrastructureeenstr-Hetieft, rock removal shall be allowed
only for the 180 days (not including Saturdays,Sundays and public holidays listed in§24 of the
New York General Construction Law) starting on the date specified for the commencement of
rock removal contained in the notice to neighbors described in §106-58.1 G. imfnediately
. - - _ . - . . - . - - . _ . Theat rock removal permit shall contain the date
after which rock removal no longer will be allowed to be done pursuant to that permit. Under
no circumstances may rock removal for the construction of original infrastructure extend beyond
the one hundred-eightieth day(180th) day after the date specified for the commencement of rock
removal contained in the notice to neighbors described in 5106-58.1 G, unless the Building
Inspector or the Director of Building Code Enforcement and Land Use Administration grants
permission to remove rock after the permit's expiration date pursuant to 5106-58.C.
F. Before rock removal can begin, the applicant shall have a third-party conduct a survey of the
condition of all the improvements existing on each lot (including lots lying outside the
unincorporated area of the Town of Mamaroneck) that either shares all or a section of a lot line
with the subject property or touches the subject property at a corner. If the occupant of a lot to be
surveyed refuses to allow a survey to be done, the applicant shall submit an affidavit stating that
he/she had attempted to gain access but was denied. Submission of such an affidavit will he
obviate the requirement for a survey of that lot. Notwithstanding the foregoing, a survey shall
not be required if all of the rock removal will be done using mechanical means that are designed
to be handheld while operating.
E-GG Notice to neighbors;affidavit of mailing.
(1) No later than 10 days before rock removal - . . . - - . . .'
commences, the following notice shall be mailed to the owners of each lot that has a lot line
lying within 150 feet of any lot line of the subject property:
fa) For rock removal that is not the construction of original infrastructure:
"Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by mechanical
means, such as drills, jackhammers and other types of gas, diesel or electric powered
equipment is scheduled to begin on [INSERT EFFECTIVE DATE OF THE ROCK REMOVAL
IS SCHEDULED TO BEGIN-PERMIT]. The last day on which rock can be removed from this
site by mechanical means is [INSERT THE LAST DATE ON WHICH ROCK REMOVAL BY
MECHANICAL MEANS CAN OCCUR].
3
Although this time period is thirty(30) days, rock removal may occur only on fifteen(15) days
within that period. The permit holder may have its permit suspended by the Building
Department after rock removal is scheduled to begin.You can contact the Building Department
at 381-783Q to learn whether the rock removal permit has been suspended. If the permit is
suspended, the permit holder may resume rock removal after notifying the Building
Department of the date on which rock removal will resume. The days prior to the date of the
suspension shall count toward calculating the fifteen (15) days when rock removal may occur
so that rock removal will not be allowed to occur for more than a total of fifteen(15)days unless
the permit is extended upon a showing of undue hardship by the permit holder. Any such
extension can add no more than five (5) days for rock removal.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to be able to determine whether and to what extent, rock removal may damage
your property. If you were not contacted about having a survey done, please contact the Town
Building Department at 914-381-7830 immediately.
The law does not permit rock removal by mechanical means to occur on Saturdays, Sundays
or public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after
64:00 p.m. (prevailing time) on those days when rock removal by mechanical means is
permitted.
THE LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN
OCCUR].
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(b) For the construction of original infrastructure:
"Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by mechanical
means,such as drills,jackhammers and other types of gas, diesel or electric powered equipment
is scheduled to begin on [INSERT DATE ROCK REMOVAL IS SCHEDULED TO BEGIN]. The
last day on which rock can be removed from this site by mechanical means is [INSERT THE
4
LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN OCCUR]unless
the permit is extended upon a showing of undue hardship by the permit holder. Any such
extension can add no more than five (5) days for rock removal.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to be able to determine whether and to what extent, rock removal may damage
your property. If you were not contacted about having a survey done, please contact the Town
Building Department at 914-381-7830 immediately.
The law does not permit rock removal by mechanical means to occur on Saturdays,Sundays or
public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after 4:00
p.m. (prevailing time) on those days when rock removal by mechanical means is permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number:"INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
'SIGNATURE OF THE OWNER OF THE SUBIECT PROPERTY]
{PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(2) An affidavit attesting to that mailing must be filed with the Building Department before a
rock removal permit can be issued for the subject property. The owner of the subject property
shall attest to that affidavit.
H. Rock crushing on the subject property is not permitted at any time.
I. There shall be no more than two machines and two hammers operating on the subject property
at the same time.
J. Motor vehicles used to transport particulate matter must be covered.
K. While on the subject property, any particulate matter must be sufficiently soaked or stored to
prevent the particulate matter from becoming airborne. The Building Inspector or the Director of
Building Code Enforcement and Land Use Administration may require secured tarps or
coverings made of plastic or other material to further reduce dust emissions.
-F-L. Rock removal shall not be permitted in any residence district or in the Recreation District of
the—Town-0i 44affiefeneekf
(1) On Saturdays;
(2) On Sundays;
5
•
(4)—bbefore 9:00 a.m. (prevailing time) or after 64:00 p.m. (prevailing time) on weekdays
when rock removal is permitted • -•.. . . . . . . . . . . : ' . . • •
Notwithstanding the prohibition on rock removal on Saturdays, an individual, acting alone,may
remove rock pursuant to a rock removal permit on the subject property where he/she resides on
a Saturday between the hours of 10:00 a.m.jprevailing time) and 3:00 p.m. (prevailing time).
G. M. No more than one rock removal permit shall be issued for a subject property within any
twelve-month period.
14-N.Any person who violates this section shall be guilty of a violation which shall be punishable
by a fine of not more than$1,000, and also shall be liable for the civil penalty imposed by§ 106-
55C of the Code. Each use of mechanical means to remove rock on a day or at an hour when rock
removal is prohibited by this section shall constitute a separate offense.
O.I. If there is a violation of this section by someone other than the owner of the subject property,
the owner of the subject property also shall be guilty of a violation which shall be punishable by
a fine of not more than$1,000, and also shall be liable for the civil penalty imposed by§ 106-55C
of the Code.
Ej- This section shall not apply to the removal of rock which is excavated without first being
reduced in size.
1Q This section shall not apply to public utility companies, the United States of America, the
State of New York,the County of Westchester,the Town of Mamaroneck,the Mamaroneck Union
Free School District, the Villages of Larchmont, Mamaroneck or Scarsdale or any independent
contractors engaged by any of them.
March 297 2020
6
§106-58.1 Duration and hours for mechanical rock removal.
As used in this section,the following terms shall have the meanings indicated:
A. MECHANICAL MEANS
The use of any tools that are not operated solely by human muscular power.
Explosives and the tools used in connection therewith shall not be considered
mechanical means.
ORIGINAL INFRASTRUCTURE
Streets and curbs, and the lines, pipes, culverts and conduits used for transporting
potable water, storm water, sewage and utilities, such as gas, telephone, electricity,
cable television and Internet service,that are built on land subdivided after February
1, 2004, if the subdivision plat creating the lots in that subdivision also created one
or more new private or public streets or created extensions to any existing private or
public street.
ROCK
Natural stone and not impervious concretions created by humans such as macadam,
concrete and bricks.
ROCK REMOVAL
The reduction in size of rocks by mechanical means and the removal of such rock
from the subject property in any residence district or in the Recreation District of the
Town of Mamaroneck
ROCK REMOVAL PERMIT
A permit issued for rock removal on a subject property.
SUBJECT PROPERTY
A lot for which a rock removal permit is required,or land where the construction of
original infrastructure is to occur if such land lies outside a lot.
B. A rock removal permit is required for the removal of rock of any quantity. No rock removal
permit shall be issued until the Building Inspector or the Director of Building Code Enforcement
and Land Use Administration approves the dust mitigation plan submitted by the applicant.
Such plan must incorporate the best dust control practices, including but not limited to, a water
spray system (air suppression or surface wetting)or other practices that are considered best dust
practices at the time the application for a rock removal permit is made. The dust mitigation plan
also must present the measures the applicant intends to use to control water runoff as a result of
water spraying. In the sole discretion of the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration, air quality sampling may be required during the
course of rock removal.
C. Rock removal,other than for the construction of original infrastructure,shall be allowed only
on 15 days(not including Saturdays,Sundays and public holidays listed in§24 of the New York
General Construction Law) between the date specified for the commencement of rock removal
contained in the notice to neighbors described in §106-58.1 G and the thirtieth (30th) day after
that date.The rock removal permit shall contain the date after which rock removal no longer will
be allowed to be done pursuant to that permit.Upon a showing of undue hardship,the Building
Inspector or the Director of Building Code Enforcement and Land Use Administration may
extend the last day on which rock may be removed pursuant to a rock removal permit by up to
five days. If the number of additional days would include a day or days on which rock removal
is prohibited by this section, the extension period will bypass such days and resume on the first
day thereafter when rock removal is permitted by this section.
D. The holder of a rock removal permit may have its permit suspended by notifying the Building
Department that rock removal has stopped and requesting that the permit be suspended. The
Building Inspector or the Director of Building Code Enforcement and Land Use Administration
shall suspend the permit, record the date of notification and record the number of days between
the date that rock removal was scheduled to begin and the date that the rock removal permit is
suspended. Before resuming rock removal, the holder of a rock removal permit shall notify the
Building Department of the date that it intends to resume whereupon the Building Inspector or
the Director of Building Code Enforcement and Land Use Administration shall lift the suspension
and record the date when the rock removal is to resume. After a suspension is lifted,rock removal
may occur on the number of days that equals the difference between 15 and the number of days
recorded in accordance with the immediately preceding sentence, however, rock removal may
not occur beyond the thirtieth (30th) day after the date specified for the commencement of rock
removal contained in the notice to neighbors described in §106-58.1 G, unless the Building
Inspector or the Director of Building Code Enforcement and Land Use Administration grants
permission to remove rock after the permit's expiration date pursuant to§106-58.C.
2
E. For the construction of original infrastructure, rock removal shall be allowed only for the 180
days (not including Saturdays, Sundays and public holidays listed in §24 of the New York
General Construction Law)starting on the date specified for the commencement of rock removal
contained in the notice to neighbors described in §106-58.1 G. The rock removal permit shall
contain the date after which rock removal no longer will be allowed to be done pursuant to that
permit. Under no circumstances may rock removal for the construction of original infrastructure
extend beyond the one hundred-eightieth day (180th) day after the date specified for the
commencement of rock removal contained in the notice to neighbors described in §106-58.1 G,
unless the Building Inspector or the Director of Building Code Enforcement and Land Use
Administration grants permission to remove rock after the permit's expiration date pursuant to
§106-58.C.
F. Before rock removal can begin, the applicant shall have a third-party conduct a survey of the
condition of all improvements existing on each lot (including lots lying outside the
unincorporated area of the Town of Mamaroneck) that either shares all or a section of a lot line
with the subject property or touches the subject property at a corner.If the occupant of a lot to be
surveyed refuses to allow a survey to be done, the applicant shall submit an affidavit stating that
he/she had attempted to gain access but was denied. Submission of such an affidavit will obviate
the requirement for a survey of that lot. Notwithstanding the foregoing, a survey shall not be
required if all of the rock removal will be done using mechanical means that are designed to be
handheld while operating.
G. Notice to neighbors;affidavit of mailing.
(1) No later than 10 days before rock removal commences,the following notice shall be mailed
to the owners of each lot that has a lot line lying within 150 feet of any lot line of the subject
property:
(a) For rock removal that is not the construction of original infrastructure:
'Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by mechanical
means, such as drills, jackhammers and other types of gas, diesel or electric powered
equipment is scheduled to begin on [INSERT DATE ROCK REMOVAL IS SCHEDULED TO
BEGIN]. The last day on which rock can be removed from this site by mechanical means is
[INSERT THE LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN
OCCUR].
3
Although this time period is thirty(30) days,rock removal may occur only on fifteen(15) days
within that period. The permit holder may have its permit suspended by the Building
Department after rock removal is scheduled to begin.You can contact the Building Department
at 381-7830 to learn whether the rock removal permit has been suspended. If the permit is
suspended, the permit holder may resume rock removal after notifying the Building
Department of the date on which rock removal will resume. The days prior to the date of the
suspension shall count toward calculating the fifteen (15) days when rock removal may occur
so that rock removal will not be allowed to occur for more than a total of fifteen(15)days unless
the permit is extended upon a showing of undue hardship by the permit holder. Any such
extension can add no more than five (5)days for rock removal.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to be able to determine whether and to what extent,rock removal may damage
your property. If you were not contacted about having a survey done,please contact the Town
Building Department at 914-381-7830 immediately.
The law does not permit rock removal by mechanical means to occur on Saturdays, Sundays
or public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after
4:00 p.m. (prevailing time) on those days when rock removal by mechanical means is
permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(b) For the construction of original infrastructure:
"Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by mechanical
means,such as drills,jackhammers and other types of gas, diesel or electric powered equipment
is scheduled to begin on [INSERT DATE ROCK REMOVAL IS SCHEDULED TO BEGIN]. The
last day on which rock can be removed from this site by mechanical means is [INSERT THE
LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN OCCUR]unless
the permit is extended upon a showing of undue hardship by the permit holder. Any such
extension can add no more than five (5) days for rock removal.
4
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to be able to determine whether and to what extent,rock removal may damage
your property. If you were not contacted about having a survey done, please contact the Town
Building Department at 914-381-7830 immediately.
The law does not permit rock removal by mechanical means to occur on Saturdays,Sundays or
public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after 4:00
p.m. (prevailing time)on those days when rock removal by mechanical means is permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(2) An affidavit attesting to that mailing must be filed with the Building Department before a
rock removal permit can be issued for the subject property. The owner of the subject property
shall attest to that affidavit.
H. Rock crushing on the subject property is not permitted at any time.
I. There shall be no more than two machines and two hammers operating on the subject property
at the same time.
J. Motor vehicles used to transport particulate matter must be covered.
K. While on the subject property, any particulate matter must be sufficiently soaked or stored to
prevent the particulate matter from becoming airborne.The Building Inspector or the Director of
Building Code Enforcement and Land Use Administration may require secured tarps or
coverings made of plastic or other material to further reduce dust emissions.
L. Rock removal shall not be permitted before 9:00 a.m. (prevailing time) or after 4:00 p.m.
(prevailing time) on days when rock removal is permitted. Notwithstanding the prohibition on
rock removal on Saturdays, an individual, acting alone, may remove rock pursuant to a rock
removal permit on the subject property where he/she resides on a Saturday between the hours of
10:00 a.m. (prevailing time) and 3:00 p.m.(prevailing time).
5
M. No more than one rock removal permit shall be issued for a subject property within any
twelve-month period.
N. Any person who violates this section shall be guilty of a violation which shall be punishable
by a fine of not more than$1,000, and also shall be liable for the civil penalty imposed by§106-
55C of the Code. Each use of mechanical means to remove rock on a day or at an hour when rock
removal is prohibited by this section shall constitute a separate offense.
0.. If there is a violation of this section by someone other than the owner of the subject property,
the owner of the subject property also shall be guilty of a violation which shall be punishable by
a fine of not more than$1,000, and also shall be liable for the civil penalty imposed by§106-55C
of the Code.
P. This section shall not apply to the removal of rock which is excavated without first being
reduced in size.
Q. This section shall not apply to public utility companies,the United States of America,the State
of New York,the County of Westchester,the Town of Mamaroneck,the Mamaroneck Union Free
School District, the Villages of Larchmont, Mamaroneck or Scarsdale or any independent
contractors engaged by any of them.
March 27,2020
•
6
Town of Mamaroneck
ri Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
FOUMOED 1661
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1, 2020
SUBJECT: No attachment
ATTACHMENTS:
Description
Nb Attachments Available
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FOUSOED 1661
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Preliminary Financial Update
4 If
e� k.
0 k 9y
a v
Town of Mamaroneck
W `To Town Center
740 West Boston Post Road, Mamaroneck,NY 10543-3353
Office of the Comptroller TEL: 914/381-7850
FAX:914/381-7809
towncomptroller@townofmamaronmk.org
Memorandum
To: Stephen Altieri, Town Administrator
Town Board Members
From: Tracy Yogman, Town Comptroller
Date: April 1, 2020
Re: 2020 Operating Budget Projections
The economy is experiencing a dramatic economic downturn as a result of the novel
coronavirus (COVID-19) outbreak. The Town has strategically maintained a healthy and
stable fund balance over the last ten years that can withstand such an emergency.
Budget projections for the General Fund, Part Town and Highway Fund have been updated
to reflect current economic conditions and the anticipated impact. These estimates assume no
change in economic conditions through the end of May. The remaining funds do not have
much volatility with the possible exception of the Ambulance and Sewer District and are
expected to meet the 2020 budget projections. We will continue to monitor the revenues and
update the next projection accordingly.
The GFOA has recommended that projections should be based on current conditions using
historical data under similar conditions such as the Great Recession or September 11th as a
basis. This event is different in that it severely limits consumer spending and other economic
activity as a result of the mandate in New York State to close businesses other than essential
services. As a result, the projections provided will need to be updated as this event unfolds
and can be used as an initial view of the short term effects.
The following assumptions are included in the attached projections:
• Tax collections- The Town is fortunate in that tax collections have been at about
99.4%of the tax levy. This collection rate has been consistent for more than 10 years.
Due to the uniqueness of this situation we are estimating a 95% collection rate.
• Mortgage Tax Revenue- Projected to decline at the rate of$95k/month while the
economy is at a standstill and a 20% decline for the remainder of the year thereafter.
The projection includes a total reduction of$323,000 in mortgage tax revenue. (From
$1,142,000 to $819,000) This revenue is in the General Town Fund.
• Sales Tax- a 30% reduction or $695k in sales tax revenue is projected for the year
based as businesses are closed and assumes a recession when economic activity is
back to normal. This revenue is in the Part Town Fund.
• State Aid is anticipated to be cut based on the state projected budget shortfall. The
projection includes a conservative 50% decline or a reduction of$71,000.
• Parking Permit revenue — The new permit fee rates were determined after the
adopted budget with the understanding that moving to a 19 month or partial year
permit would require use of fund balance. The projection also includes an anticipated
10%reduction for permit fees and a monthly reduction of$6k for meters through May.
• Recreation Revenue- Projection includes a reduction of revenue of $180k/month
while programs are closed. Revenue projected as budgeted for remainder of the fiscal
year. The loss of revenue is mitigated by the reduction in program expenses.
• Use of Money- As interest rates have plummeted, the projection includes a 50%
reduction. The projection includes two months deferral of rental income (total $56k)
for either abatement or late payments.
• Fines & Forfeitures- Average of $25k/month revenue decline is reflected in the
projection while courts are closed.
• Personal Services Expenses/benefits- Projections includes holding vacancies open
through year end; 5% increase in New York State retirement for investment revenue
shortfalls; hourly rate wages were paid for two weeks while programs are not
operating including recreation, crossing guards ($108k/month) and a corresponding
increase in unemployment expenses ($35k).
• Equipment-No new purchases projected through year end.
• Capital- A review of capital projects will be done this week to determine which
/,,,* projects can be deferred. This projection includes a hold on all projects requiring a
transfer of funds (Paygo).
• Building Permits- Includes a reduction of $165k (approximately 25%) in revenue
based on anticipated recession- from $722k to $557k.
• Highway Garage Repair Revenue-Estimated decrease of$10k/month while schools
closed and services are slowed down.
• Contractual Expenses-Estimated that$400k in savings can be achieved through year
end in the General Fund based on historical savings. Departments have been notified
to only make required purchases while the projection is worked on.
Status:
Fund balances in the General, Part Town and Highway Fund will remain strong and can
weather this event as a result of deferring cash funded capital projects, contractual cost
savings, deferring equipment purchases. This projection will be updated and does not yet
reflect the Town's 25% cost share of any related expenses that will be funded by FEMA.
Currently,we have purchased supplies,laptops and equipment which is estimated to be under
$30k.
Town of Mamaroneck
2020 Budget Projections
As of March 30,2020
General Fund A)
Projected
2020 BEFORE Town Services Town Services Town Services
Amended 2019 CORONA Resuming Resuming Resuming
DECSRIPTION Budget Actual @12/31/20 5/1/20 5/15/20 5/31/20
Revenues
Property Taxes $ 4,814,798 $ 4,500,208 $ 4,712,605 4,574,058 4,574,058 4,574,058
Other Tax Items-Inc Tax Penalties 511,400 818,786 615,217 615,217 615,217 61.5,217
Departmental Income 3,167,000 3,245,596 2,769,303 2,563,376 2,467,540 2,374,624
Intergovernmental Charges 5,750 5,000 5,000 5,000 5,000 5,000
Use of Money&Property 583,700 622,670 615,302 455,802 455,802 455,802
Licenses&Permits 60,300 96,016 51,458 46,958 42,458 37,958
Fines&Forfeitures 280,000 286,313 268,450 241,664 227,664 213,664
Sale of Property/Compensation for loss - 8,268 15 15 15 1.5
Miscellaneous 47,045 70,887 63,975 59,475 57,225 54,975
State&Federal Aid-Inc Mortgage tax 2,450,526 2,409,223 2,420,763 1,661,346 1,317,138 972,930
Interfund Transfers 173,000 158,624 173,000 173,000 173,000 173,000
Appropriated Fund Balance - - -
TOTAL REVENUES $12,093,519 $12,221,591 $11,695,088 10,395,911 9,935,117 9,477,242
Expenditures
Personal Services $ 5,345,919 $ 4,755,033 5,058,632 4,979,965 4,940,632 4,901,299
Employee Benefits 2,421,416 2,251,715 2,405,440 2,422,023 2.415,314 2,408,605
Equipment 72,995 106,650 72,995 72,995 72,995 72,995
Contractual 4,212,795 3,463,809 3,750,875 3,550,875 3,535,875 3,520,875
Interfund Transfers-Capital 288,979 770,075 288,979 - - -
Interfund Transfers-Debt Service 962,759 1,089,812 962,759 962,759 962,759 962,759
TOTAL EXPENDITURES $13,304,863 $12,437,094 $12,539,680 $11,988,617 $11,927,575 $11,866,533
BEGINNING FUND BALANCE $ 5,647,411 $ 6,269,188 $ 6,053,685 $ 6,053,685 $ 6,053,685 $ 6,053,685
NET CHANGE IN FUND BALANCE $ (1,211,344) $ (215,503) $ (844,592) $ (1,592,707) $ (1,992,458) $ (2,389,291)
I ENDING FUND BALANCE $ 4,436,067 5 6,053,685 $ 6,053,685 $ 4,460,978 $ 4,061,227 _ $ 3,664,394
PART TOWN FUND(B)
Projected
2020 BEFORE Town Services Town Services Town Services
Amended 2019 CORONA Resuming Resuming Resuming
DECSRIPTION Budget Actual @12/31/20 5/1/20 5/15/20 5/31/20
Revenues
Property Taxes $ 9,887,568 $ 9,843,286 $ 9,864,877 $ 9,864,877 9,864,877 9,864,877
Other Tax Items-Sales Tax 2,318,000 2,191,447 2,318,000 1,622,600 1,622,600 1,622,600
Departmental Income 354,547 562,894 308,424 296,757 292,424 288,091
Intergovernmental Charges 4,500 6,546 4,500 4,500 4,500 4,500
Use of Money&Property - - - - -
Licenses&Permits 721,600 1,034,730 556,361 556,361 556,361 556,361
Fines&Forfeitures 6,000 9,705 9,075 9,075 9,075 9,075
Sale of Property/Compensation for loss - - 15 15 15
Miscellaneous 2.050 139,621 2,193 2,193 2,193 2,193
State&Federal Aid 3,000 5,000 3,000 3,000 3,000 3,000
Interfund Transfers 68,380 117,070 68,380 68,380 68,380 68,380
Appropriated Fund Balance - - - -
TOTAL REVENUES $13,365,645 $13,910,299 $13,134,810 $12,427,758 12,423,425 12,419,092
Expenditures
Personal Services $ 6,146,584 $ 6,286,470 5,759,056 5,735,856 5,724,256 5,718,456
Employee Benefits 4,378,015 4,214,267 4,214,661 4,282,807 4,281,881 4,280,954
Equipment 84,500 86,763 23,122 23,122 23,122 23,122
Contractual 2,517,715 2,266,107 2,416,916 2,416,916 2,416,916 2,416916
Interfund Transfers-Capital 356,100 255,600 356,100 - - -
Interfund Transfers-Debt Service 148,757 168,844 148,757 148,757 148,757 148,757
TOTAL EXPENDITURES $13,631,671 $13,278,051 $12,918,612 $12,607,458 $12,594,932 $12,588,205
BEGINNING FUND BALANCE $ 4,542,098 $ 4,221,017 $ 4,855,475 $ 4,855,475 $ 4,855,475 J $ 4,855,475
NET CHANGE IN FUND BALANCE $ (266,026) $ 632,248 $ 216,198 $ (179,700) $ (171,507) $ (169,113)
ENDING FUND BALANCE $ 4,276,072 $ 4,853,265 $ 5,069,463 $ 4,673,565 $ 4,681,758 $ 4,684,152
/d"'\
HIGHWAY FUND(DB)
Projected
�� 2020 BEFORE Town Services Town Services Town Services
N� Amended 2019 CORONA Resuming Resuming Resuming
DECSRIPTION Budget Actual @12/31/20 5/1/20 5/15/20 5/31/20
Revenues
Property Taxes $ 5,078,575 $ 4,966,518 5 5,069,695 $ 5,069,695 5,069,695 5,069,695
Other Tax Items - - -Departmental Income 20,000 30,301 8,000 8,000 8,000 8,000
Intergovernmental Charges 121,000 122,749 121,000 111,000 106,000 101,000
Use of Money&Property 150 1,012 2,094 2,094 2,094 2,094
Licenses&Permits -
Fines&Forfeitures - - - -
Sale of Property/Compensation for loss 26,500 139,389 18,291 18,291 13,291 18,291
N6scellaneous 796 - - -
State&Federal Aid 118,870 - - - -
interfund Transfers 297,250 296,694 240,000 220,000 210,000 200,000
Appropriated Fund Balance -
TOTAL REVENUES $ 5,543,475 $ 5,676,329 $ 5,459,080 $ 5,429,080 $ 5,414,080 $ 5,399,080
Expenditures
Personal Services $ 1,926,633 $ 1,913,526 1,944,379 1,944,379 1,944,379 1,944,379
Employee Benefits 1,470,910 1,536,970 4455,210 1,468,210 1,468,210 1,468,210
Equipment 36,400 29,297 36,400 36,400 36,400 36,400
Contractual 1,237,168 1,259,190 1,237,168 1,227,168 4222,168 1,217,168
interfund Transfers-Capital 173,000 204,368 173,000 - - -
interfundTransfers-DebtService 699,364 778,581 699,364 699,364 699,364 699,364
TOTAL EXPENDITURES $ 5,543,475 $ 5,721,932 $ 5,545,521 $ 5,375,521 $ 5,370,521 $ 5,365,521
BEGINNING FUND BALANCE $ 700,695 $ 695,917 $ 650,314 $ 650,314 $ 650,314 $ 650,314
NET CHANGE IN FUND BALANCE $ - $ (45,603) $ (86,441) $ 53,559 $ 43,559 $ 33,559
ENDING FUND BALANCE $ 700,695 $ 650,314 $ 563,873 $ 703,873 $ 693,873 $ 683,873
/gill\
Town of Mamaroneck
Town Center
x 740 West Boston Post Road, Mamaroneck, NY 10543-3353
FOUMOED IE[I
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1 , 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Peddler's Law Email from the Town Attorney
❑ Peddler's Law
Maker Jr., William
From: Natalie Washington <nwashington@Iynnllp.com>
Sent: Friday, March 6, 2020 10:28 AM
To: Maker Jr.,William
Cc: Altieri, Stephen
Subject: RE:Aptive Environmental -Town of Mamaroneck, NY
Mr. Maker,
Did the Town of Mamaroneck accept the changes to the curfew and solicitation fee?
Best,
Natalie
From: Natalie Washington
Sent: Monday, February 24, 2020 11:21 AM
To: Maker Jr.,William <WMakerJr@TownofMamaroneckNY.org>
Cc:Altieri,Stephen<SVAltieri@TownofMamaroneckNY.org>
Subject: RE:Aptive Environmental-Town of Mamaroneck, NY
Mr Maker,
As I mentioned last week, please see the attached correspondence with full briefing on the issues discussed last week.
Unconstitutional Solicitation Curfew$ 154-10
My colleague, Clint Cowan, fully addressed this issue in his original correspondence to you on June 13,2019(attached
herein and reincorporated into the current letter). Aptive proposes a curfew of dusk(or 30 minutes after sunset).
Onerous Solicitation Fee 154-7
Aptive proposes that the Town of Mamaroneck accept$50 for each of its applicants.
I understand the Town Board meeting is today and will expect to hear from you with the decision on the aforementioned
issues.Thank you.
Regards,
Natalie
From: Maker Jr.,William <WMakerJr@TownofMamaroneckNY.org>
Sent: Friday, February 21,2020 3:41 PM
To: Natalie Washington<nwashingtonc lvnnllp.com>
Cc:Altieri,Stephen<SVAltieri@TownofMamaroneckNY.org>
Subject: RE:Aptive Environmental-Town of Mamaroneck, NY
Thank you.
I now know what to discuss with the Town Board.
From: Natalie Washington lmailto:nwashingtonPlynnllp.com]
Sent: Friday, February 21, 2020 4:38 PM
1
ui IWanldronecK,INT tcoaeiou
Town of Mamaroneck, NY
Wednesday, December 4, 2019
Chapter 154. Peddling and Soliciting
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 2-17-1937 (Ch. 34 of the 1975
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Conservation areas — See Ch. 77.
Noise— See Ch. 141.
Vehicles and traffic— See Ch. 219.
§ 154-1 . Applicability.
This chapter shall apply only to that part of the Town of Mamaroneck outside of incorporated villages,
and whenever and wherever the words "Town of Mamaroneck" are used, such words shall mean the
Town of Mamaroneck outside of incorporated villages.
§ 154-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
PARK, PARKING OR PARKED
The stopping of a motor vehicle or motorcycle upon any public highway and leaving such motor
vehicle or motorcycle unattended by a person capable of operating it for a period longer than
necessary to load or unload passengers or freight.
PERSON
Includes individuals, copartnerships, corporations and incorporated and joint-stock associations.
[Added 5-1939]
SIDEWALKS
That portion of the street between the physically established curblines and the designated
property lines.
STREET
Every way set apart for public travel, except alleyways, bridle paths and footpaths.
VEHICLE
Every device by which any person or property is or may be transported or drawn upon the street.
§ 154-3. License required; application.
[Amended 7-1-1953; 7-17-1996 by L.L. No. 14-1996]
No person shall barter, sell, peddle, hawk or vend goods, wares, merchandise, produce or services of
an established business upon the streets, roads, highways or public places of the Town or by going
from house to house soliciting purchases unless a license so to do has previously been obtained by
him from the Town Clerk. The applicant for such license shall register his name, address, date of birth
and social security number with the Police Chief as a condition for obtaining such license.
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3/13/2020 Town of Mamaroneck,NY Ecode360
§ 154-4. Vehicle license required.
[Amended 5-3-1939]
No vehicle of any kind or description drawn by an animal or animals or propelled by hand or other
power shall be used for the barter and sale of goods, wares, merchandise or produce therefrom upon
the streets, roads, highways or public places of the Town unless a license therefor shall first have been
obtained from the Town Clerk, which license shall at all times be displayed in a conspicuous place on
the inside of such vehicle.
§ 154-5. Applications for licenses.
[Amended 5-3-1939]
Applications for licenses under this chapter may be refused by the Town Clerk, as provided by law.
§ 154-6. Personal permits.
[Amended 7-1-1953]
Where a vehicle has been licensed as provided in § 154-4 of this chapter, such license shall include
the right of a driver or operator of such vehicle to sell, peddle, hawk or vend the goods, wares and
merchandise carried in such vehicle; provided, however, that no person, including the owner of such
licensed vehicle, shall operate the same without a personal permit to be issued by the Police Chief,
upon the production of satisfactory proof of the fitness of the applicant therefor, and such permit shall
expire on the 31st day of December after the issuance thereof, unless sooner revoked. Nothing herein
contained shall be construed to permit any salesman or helper upon any vehicle for which a peddler's
or hawker's license has been obtained to peddle, hawk or vend the goods, wares or merchandise
carried in such vehicle, by means of any stand or box or otherwise than from the vehicle itself, unless a
peddler's or hawker's license has been separately obtained for each such salesman or helper, in
accordance with the provisions of§ 154-3 of this chapter.
§ 154-7. License fees.
[Amended 5-3-1939; 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No. 8-2011]
The fee for a license issued pursuant to this chapter is as set forth in § A250-1.
§ 154-8. Exceptions.
A. Delivery vehicles. The provisions of this chapter requiring licenses for vehicles shall not be
construed to require licenses for delivery vehicles owned by or used by grocers, bakers or other
persons, firms or corporations having within the Town a store, storehouse or warehouse for the
sale or distribution of or an establishment for the manufacture of the merchandise carried in said
vehicle nor for the drivers or operators of such vehicle.
B. Interstate and solicited orders. The provisions of this chapter shall not apply to the selling,
bartering or vending of goods, wares or merchandise where such goods, wares or merchandise
are shipped from outside the state or where orders for goods, wares or merchandise are solicited
and such goods, wares or merchandise are subsequently delivered.
[Amended 5-3-1939]
C. Food producers. The provisions of this chapter shall not apply to the selling, peddling or vending
of meats, fish, fruits and farm produce by farmers and/or other persons who produce or catch such
commodities.
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d/I.ILuLU !own of Mamaroneck,NY Ecode360
[Amended 5-3-1939]
D. State-licensed parties. The provisions of this chapter shall not apply to the holder of a license
granted pursuant to§32 of the General Business Law.
§ 154-9. Licenses: cancellation; nontransferability; expiration.
Any and all licenses granted pursuant to this chapter are subject to cancellation by the Town Board
upon cause therefor being shown, are not transferable and shall expire on the 31st day of December
following issuance.111
[1] Editor's Note:Former§34-11, Advertisements and exceptions, which originally followed this section,
was deleted 7-17-1996 by L.L. No. 14-1996.
§ 154-10. Prohibited times for peddling and soliciting.
[Added 2-20-2008 by L.L. No. 1-200811)
No person shall barter, sell, peddle, hawk or vend goods, wares, merchandise, produce or services of
an established business upon the streets, roads, highways or public places of the Town or by going
from house to house soliciting purchases before 9:00 a.m. (prevailing time) or after 6:00 p.m.
(prevailing time).
[1] Editor's Note: This local law also provided for the redesignation of former§ 154-10, Violations and
penalties, to§ 154-11.
§ 154-11 . Penalties for offenses.
A. Any person violating any of the provisions of this chapter, as the same may be from time to time
amended, for which no other penalty is provided, shall be guilty of a misdemeanor punishable by
imprisonment for not more than one year or by a fine of not more than$500, or both.
[Amended 10-20-1954]
B. Additional penalties.
[Amended 12-17-1953]
(1) Violation of§§ 154-3 and 154-4 of this chapter shall subject the offender, for each offense, to
a civil penalty not to exceed$50.
(2) The penalty for violation as above provided shall be in addition to any fine provided for in
§ 154-11A.
(3) Every day or part thereof that such violation shall continue shall be deemed to be a separate
and distinct violation of said several provisions of this chapter and shall render every person
liable for a separate penalty for each such violation.
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f% Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FULADED 1661
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1, 2020
SUBJECT: No attachment
ATTACHMENTS:
Description
o Property Assessments
Memo
To:Steve Altieri, Town Administrator
From: Pamela Valenza, Assessor
Date: 4/1/2020
Re: Update 2020 Revaluation
The 2020 year is considered a "town-wide" or"reappraisal reassessment"
year for the Town of Mamaroneck and the final year in our cycle,as per the
reassessment plan previously submitted to the NYS ORPTS. Each year ORPTS
presents preliminary statistics to our municipality that demonstrate, in the
aggregate, how our assessment roll measures full market value when it comes
to major type property classes such as Residential, Commercial and Vacant
Land. The State has determined our aggregate level of assessment to be
approximately 99.86%.This State data is used as a starting point. A benefit of
being a reval community is that we are able to further determine locally
where inequity exists and make those shifts to applicable neighborhoods and
property classes. Market data from 2018 to 2019 indicates some residential
and commercial neighborhoods could potentially see an increase on the 2020
roll. Given the Coronavirus pandemic our Country is experiencing, coupled
with the initial aggregate ORPTS statistics, not making these market based
adjustments would theoretically keep the Town's values within the 5%
threshold (staying at a 100% level of assessment).
An inquiry has also been made to ORPTS to see if the Town could defer the
"Town-Wide" reval project for one year given the current climate. I will
inform you of their response, although according to the State website,
postponing or amending within 120 days of a tentative roll would be
considered a "withdrawal" from the "cyclical reassessment plan" and may
have certain repercussions with regard to aid received for cyclical
reassessments and with our vendor that has already completed a substantial
amount of work for the 2020 project.
Town of Mamaroneck
so Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FULUWOED 1661
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1, 2020
SUBJECT:
ATTACHMENTS:
Description
D Parking Permit
9 Town of Mamaroneck
` -
O o Office of the Town Clerk, Town Center
UJ l~ m 740 West Boston Post Road, Mamaroneck, NY
- (2 10543-3353
FOUNDED 1661
Christina Battalia, RMC, CMC TEL:914/381-7870
Mamaroneck Town Clerk FAX: 914/381-7813
CBattalia@townofmamaroneckNY.org
MEMORANDUM
DATE: March 27, 2020
TO: Town Board
FROM: Christina Battalia
SUBJECT: Parking Permit Renewals
All,
I understand that you wish to discuss the upcoming parking permit renewals on April 1. In
advance of this memo, I had reached out to the other Westchester Town Clerks to ask what
their respective municipalities may be doing with respect to any possible parking renewals.
As yet I have not had much response.
At this time it would be my recommendation that we delay the renewals for 30 days,
whereby permits would expire on June 30, 2020. I hesitate to waver from the policy of
bringing the permits to the calendar year cycle at this time. Of course, we would need to
recalculate the fee schedule.
Additionally the Town may want to make a formal resolution suspending Peddler Permits,
Garage Sales, and Block Parties, until further notice.
I look forward to a full discussion next Wednesday.
Christina
Town of Mamaroneck
t, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FOU'DED IEcl
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1, 2020
SUBJECT: No attachment
ATTACHMENTS:
Description
o Capital Project Update
Vs 16 7
o4 9 Town of Mamaroneck
w _ m Town Center
• �� s 740 West Boston Post Road.Mamaroneck,NY 10543-3353
•Foukotz,u .
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: Capital Project Status-COVAD-19
Date: March 31,2020
If you have read the financial projection report prepared by the Comptroller, you see that the
prospects are high that we will lose considerable revenue over the next two months. What is on
the horizon for recovery is still uncertain. What is also uncertain is the amount, if any,that may
be available for funding from the Federal Government. For the moment, it is likely safe to
assume that we would be reimbursed for COVAD-19 related expenses for materials, supplies and
personnel costs. Whether, lost revenue is included is yet unknown.
Therefore, I have issued a directive to the staff that for now,all capital projects for which funds
were included in the budget are hereby suspended. In addition, until we have a better handle on
how long this situation will continue, staff was directed to hold back on most non-essential
expenses.
For those capital projects that required borrowed funds,those are all in review. The Comptroller
and 1 have learned that interest rates on municipal bonds are actually increasing. Last week the
average rates on an A rated bond was 2.8% for a 10-year bond and 3.15% for a 20-year bond.
This is significantly higher than the last Town bond issue for which the rate on the bonds was
1.8%.
An added factor to consider is that virtually all of the Town's planned construction projects
would be classified non-essential under the Governor's emergency directive. While we can
continue with the design of the projects, we could not begin physical construction at this time.
Pursuant to the Governor's directive,we have had to shut down the ice rink project. The Weaver
St. Firehouse project and the Town's sewer rehabilitation project can continue for now as
essential projects.
Attached is a listing of all of the Town's capital construction projects prepared by the Town
Engineer. The report is categorized to show the status of each project. For the next meeting we
plan on having for the Board a financial status report on expenditures to date for each project.
Once we have provided the financial data, we can discuss how to move forward with each
project but we thought it would be helpful to provide preliminary information to the Board on the
status of the capital plan.
Stephen V. Altieri
Town Administrator
41.
tot Printed on Recycled Paper
Altieri, Stephen
+m: Wasp, Robert
sent: Tuesday, March 31, 2020 2:08 PM
To: Altieri, Stephen
Cc: Yogman,Tracy; Green ODonnell, Connie
Subject: Current/Pending Capital Projects List - For Review
Steve,
I've organized our current capital construction projects based upon status category. Any project not included
on this list has not been initiated. Its possible (although I hope unlikely) that I may have forgotten one. We can
use this list for reference during out call.
Current Capital Const. (Active Const. or TB authorized)
• CP-2019-29 -Weaver St. Firehouse—ACTIVE
• CP-2019-24 - Hommocks Ice Rink Lockers—ACTIVE
• CP-2018-60 - SSES Phase I Construction —ACTIVE
• CP-2017-14 -Town Center Restrooms Renovation— PENDING
• CP-2019-04 - 2019 Roads Resurfacing — PENDING** (Review of budget required for completion)
Future Capital Const. (Bids Received; or Ready for Procurement)
• CP-2019-58 - Senior Center Banquet Room Renovation — Bids Received 3/27
• CP-2019-69 - Hommocks Rink EV Charging Station — Sitework late April/May
• EMERGENCY - Hickory Grove Bridge Emergency Repairs — Proposals due 4/3
current Design Development(Consultant design effort in progress)
• CP-2020-75 - 2020 Pavement Evaluation
• CP-2020-59 - LVAC Building HVAC Improvements
• CP-2020-38 - Highway Facility Phase II HVAC Improvements
• CP-2018-48 - Myrtle Blvd Parking Deck Improvements
• CP-2019-64 - Hickory Grove Sidewalk Extension
• CP-2015-45 -Weaver Street Sidewalk Extension
• CP-2019-63 - Hillside Ave Bridge Replacement
• CP-2019-62 -Waverly Avenue Bridge Replacement
• CP-2018-61 - Madison Avenue GIP/Streetscape Improvements
• CP-2019-65 - Gardens Lake Stone Archway/Barker Cemetery Masonry Improvements
Future Desiqn Development(Pending solicitation of consultant design proposals)
• CP-2020-31 - Memorial Park Playground Renovation
• CP-2020-58 - Senior Center Activity Room, Porch Renovation (CDBG)
• CP-2020-78 - Harmon Drive Sidewalk Replacement (CDBG)
• CP-2020-25 - Hommocks Pool Improvements
Capital Purchases (Eng. Involved Only)
• Sewer Inspection Camera Truck & System —Awaiting submittal of P.O.
,Ass
obert P. Wasp, P.E., C.D.T.
IIown Engineer
Town of Mamaroneck
Town Center
x 740 West Boston Post Road, Mamaroneck, NY 10543-3353
FUI*OED 1661 •
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1, 2020
SUBJECT:
ATTACHMENTS:
Description
P,itach�enis Available
Town of Mamaroneck
a Town Center
x 740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FULaDED le01 •
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1, 2020
SUBJECT:
ATTACHMENTS:
Description
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zJ Town of Mamaroneck
o Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
•F)L,,EL'IMI •
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1, 2020
SUBJECT:
ATTACHMENTS:
Description
o Senior Citizen Tax Exemption
Local Law No. -2020
This local law shall be known as the "Emergency Extension for Filing of an Application for a
Senior Citizen Exemption"Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1-Purpose:
The Town Code requires those persons aged 65 or older who want to apply for a partial
exemption from real estate taxes to file an application therefor by no later than May 1 of each
calendar year. The novel coronavirus pandemic may make it impossible for certain eligible
persons to meet this deadline. So that such persons do not miss the opportunity to file for such
exemption, this local law extends the time for filing an application for the 2020 assessment roll to
coincide with the last date for filing an administrative complaint challenging an assessment
appearing on the Town's 2020 tentative assessment roll.
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 195-6 A of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
A. The owner or all of the owners must file an application annually in the Assessor's office of
the Town in which the real property is located. Applications must be filed in the Assessor's
office on or before the taxable status date of the Town assessment roll, which is May 1 of
each calendar year. Notwithstanding the preceding sentence, the last date for filing such
application in 2020 shall be June 16, 2020.
Except as so amended, section 195-6 shall remain in full force and effect.
Section -Severability:
Should any provision of this Local Law be dedared invalid or unconstitutional by any
court of competent jurisdiction, such dedaration of unconstitutionality or invalidity shall not
affect any other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4-Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
March 18,2020
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the
State of New York, and further pursuant to Executive Order No. 202.1 Suspension of
Article 7 Public Officers Law, a Public Hearing will be held on Wednesday, April 1, 2020 at
8:00 PM or as soon thereafter as is possible,telephonically from the Town Center, 740 W.
Boston Post Road, Mamaroneck, New York to consider, "Emergency Extension for Filing
of an Application for a Senior Citizen Exemption" Law.
Purpose
The Town Code requires those persons aged 65 or older who want to apply for a partial
exemption from real estate taxes to file an application therefor by no later than May 1 of
each calendar year. The novel coronavirus pandemic may make it impossible for certain
eligible persons to meet this deadline. So that such persons do not miss the opportunity
to file for such exemption, this local law extends the time for filing an application for the
2020 assessment roll to coincide with the last date for filing an administrative complaint
challenging an assessment appearing on the Town's 2020 tentative assessment roll.
The full text of this document can be viewed on the Town's website,
www.townofmamaroneckNY.org, or by calling the Town Clerk's Office at 914-381-7870,
for a mailed copy.
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: March 25, 2020
c� Town of Mamaroneck
r
o Town Center
x 740 West Boston Post Road, Mamaroneck, NY 10543-3353
FOLD DED te61
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1 , 2020
SUBJECT:
ATTACHMENTS:
Description
o Fire Claims
Town of Mamaroneck
From: Tracy Yogman - Town Comptroller
Re: Fire Claims
Date: April 1, 2020
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
AAA Emergency supply Co Scott AV-3000 mask, Streamlite Vulcan light repair, air compressor repair $ 647.35
Amazon Binders and tabs 62.87
Grainger Air Wedge for auto lockout Kit 17.82
Home Depot 20v grinders&wood, PVC pipe and hangers (credit for tax adjustment) (47.08)
New England Uniform Dress blouse with patches 262.00
Optimum Cable Services for 3/23/20-4/22/20 201.58
Sound Shore Pest Control Exterminating services on 2/24/20 65.00
UniFirst Corp. Cleaning supplies 3/13, 3/20/2020 189.62
United Overhead Door Corp. Repair overhead door/motor operator 325.50
Verizon Fire HQ service 3/10/20-4/9/20 260.13
WJWW 205 Weaver St. Charges 1/24/20-2/25/20 86.84
Total $ 2,071.63
Town of Mamaroneck
o Town Center
9 740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FOUWED 160 •
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1, 2020
SUBJECT:
ATTACHMENTS:
Description
N9 Aila, Avaiiahle
Town of Mamaroneck
0 . Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
•rOO'OE01 to:
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: April 1, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ I MA Westchester County- Two Way Radio Equipment
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Town of Mamaroneck
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740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
Memorandum
To: Supervisor and Town Board
Re: Inter-Municipal Agreement- Westchester County
Radio Replacement- Fire Department and Ambulance District
The various municipal emergency service units have been working with Westchester County on
a substantial program to replace emergency service radios for Fire, EMS and Public Safety
Answering Points (PSAPS). When completed the project will provide for more effective inter
agency communication to coordinate emergency response between multiple agencies for various
situations. The project is funded by Westchester County.
The first phase of the project is to replace the outdated trunked radio equipment, which was
originally provided by the County some years ago. Attached is a copy of the agreement along
with the schedules of radio equipment to be replaced for the Fire Department and Ambulance
District. Police Department radio equipment is not being replaced in this first phase of the
project.
ACTION REQUESTED: SUBJECT TO FINAL REVIEW BY COUNSEL, THE
RECOMMENDATION IS FOR THE TOWN BOARD TO APPROVE THE
AGREEMENT AND AUTHORIZE THE TOWN ADMINISTRATOR TO SIGN THE
AGREEMENT ON BEHALF OF THE TOWN.
Stephen V. Altieri
Town Administrator
Co Printed on Recycled Paper
THIS LICENSE AGREEMENT (the"License Agreement"), made the
day of , 2020 ("Effective Date)by and between:
THE COUNTY OF WESTCHESTER, by and through its Department of
Emergency Services or Department of Public Safety, a municipal corporation of the
State of New York,having an office and place of business in the Michaelian Office
Building, 148 Martine Avenue, White Plains, New York 10601
(hereinafter referred to as the "County",)
and
Town of Mamaroneck , a municipal corporation of
the State of New York, having an office and place of business at
(hereinafter referred to as the "Municipality").
(The"Count)?'and"Municipality"are referred to collectively as the"Parties".)
WITNESSETH:
WHEREAS, the County wishes to supply emergency communications equipment,
including control stations, mobiles and portable radio communications hardware, installations
and supplies to public safety-first responders from fire, emergency medical services and law
enforcement agencies within Westchester County to support emergency communications and
maintain a safe and reliable means to communicate while serving the residents, workforce and
visitors in Westchester County(the"Program"); and
WHEREAS, the County will purchase the emergency communications equipment
using various funding sources and distribute such equipment to local municipalities, Fire
Districts and hospitals for use on primary first line emergency response equipment(fire and
emergency medical services), authorized law enforcement dispatch locations and hospital
facilities; and
WHEREAS, the Municipality will use the emergency communications equipment to
communicate on County radio communications systems (the"County Systems") to provide
public safety first response to fire and medical emergencies and for law enforcement agency
matters on a 24/7 basis to the public; and
WHEREAS, the County desires to enter into this license agreement with the
Municipality for the distribution and operation of the aforesaid equipment.
NOW,THEREFORE, in consideration of the terms and conditions herein contained,
the Parties agree as follows:
ARTICLE I
GENERAL PROVISIONS
1. GENERAL TERMS:
The County, acting through the Westchester County Commissioner of Emergency
Services or his designee for fire and EMS equipment and the Westchester County Commissioner
of Public Safety or his designee for law enforcement equipment, (the"Commissioner"), shall
furnish the Municipality with emergency communications equipment, including control stations,
mobiles and portable radio communications hardware, supplies, power supplies, cabling,
antennas,microphones and accessories as described in Schedule "A" (the"Equipment"), as well
as the installation of the Equipment in fixed and/or mobile equipment according to the terms set
forth in this License Agreement.
Schedule"A"is also referred herein to as the"Equipment List."
The County or its vendor shall distribute and install the Equipment for the
Municipality. The County or its vendor shall schedule with the Municipality the installation of
the Equipment. The Parties agree that upon delivery and installation of the Equipment the
Municipality or its Third Party Authorized User shall sign for and acknowledge receipt of the
Equipment by executing a written receipt for same, which shall be on a form prepared by the
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County and include the recipient, quantity, make, model and serial number of each item of
Equipment. The Parties further agree that Schedule"A"shall be updated to reflect the
information in the receipt, and that the updated Schedule "A"shall be deemed a part of this
License Agreement.
The Equipment delivery hereunder shall be provided in accordance with the County's
customary standards and practices.
The Municipality agrees to provide the County with reasonable access to all
necessary equipment and information for the County's installation of the Equipment and
technical support services.
The Municipality acknowledges and understands that the Equipment to be distributed
pursuant to this License Agreement is intended to enhance the ability of first responders to safely
and reliably communicate with the County and other emergency response resources, including
fire services,Public Safety Answering Points (PSAPs), emergency medical services,public
health services, law enforcement agencies and hospitals through the County Systems.
The Municipality acknowledges that the distribution of Equipment is subject to the
availability of funding. It shall be within the County's sole and complete discretion as to how
much and what type of equipment to distribute to the Municipality. In addition, while it is not
currently anticipated that replacement equipment or additional equipment and supplies will be
distributed under the Program, the County reserves the right to expand the Equipment in the
event that additional funding resources become available. In the event such additional funding
resources become available and the County chooses to purchase additional equipment for
distribution to the Municipality,the County will send an amended Schedule"A"(the"Amended
Equipment List") to the Municipality, which shall identify the additional equipment to be
distributed to the Municipality. While the Municipality is under no obligation to accept such
additional equipment, the Municipality, within ten(10) days of its receipt of an Amended
Equipment List, shall notify the Commissioner in writing whether or not it desires to accept the
additional equipment. If the Municipality accepts such additional equipment, delivery,
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installation and use of such additional equipment shall be in accordance with the terms of this
License Agreement, and Schedule"A"shall be deemed amended to include the Amendment
Equipment List.
Once installed by the County, the Municipality shall not uninstall, change or
reassign the location or unit assignment of the Equipment without obtaining the prior written
consent of the County.
The County will provide initial radio programming and installation services for the
Equipment at no charge. Should the Municipality or its Authorized Third Party User wish to
purchase additional equipment or system accessories, it shall be responsible for purchasing,
repairing,programming and maintaining such equipment. Any new or additional radio
programming shall be done by a County authorized communications vendor at the expense of the
Municipality and only upon receiving written approval for any new or replacement equipment
from the County. The County shall maintain control over the County System, and will establish
mandatory user guidelines and operating procedures for all County System users. The
Municipality and/or Authorized Third Party User agree to abide by the County's user guidelines
and operating procedures for all County System users.
2. AUTHORIZED USE OF EQUIPMENT: The Municipality agrees that the
Equipment shall be used for emergency response situations, such as responding to a fire,medical
or other emergency, or law enforcement matters, or to fulfill mutual aid requests in accordance
with applicable law. The Equipment shall be used in accordance with the written guidelines for
use developed by the County, a copy of which will be supplied to the Municipality upon request.
3. MUNICIPALITY'S RESPONSIBILITIES AND EQUIPMENT TRANSFER
CONDITIONS:
(a) The Municipality agrees and shall ensure that only qualified persons with
appropriate training will utilize the Equipment when the Equipment is used by the Municipality.
The Municipality shall verify that such persons have fulfilled their initial and on-going training
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•
requirements in accordance with all federal, State, and/or County programmatic requirements, as
well as all applicable laws, rules and regulations, including but not limited to, those promulgated
by the Federal Communications Commission (FCC).
(b) The Municipality shall maintain custody and control of the Equipment and shall
not transfer custody and control of the Equipment, except in the case of a transfer to an
Authorized Third Party User as provided for herein.
(c) The Municipality shall, at its sole cost and expense, maintain the Equipment in
good working order and repair or replace the Equipment if damaged following the Equipment
warranty period, if any.
(d) The County shall have the right to designate Equipment for the Municipality's
ambulance/EMS service provider or volunteer fire corp. pursuant to the terms of this License
Agreement ("Authorized Third Party User"). In such a case, the Municipality shall enter into a
written ambulance/EMS service contract or volunteer fire corp. service contract with the
Authorized Third Party User for the transfer custody and control (not ownership) of such
designated Equipment from the Municipality to the Authorized Third Party User, and the
contract shall specifically incorporate by reference this License Agreement and shall make all of
the terms, conditions, limitation and requirements of this License Agreement binding upon the
Authorized Third Party User as a direct obligation of such Authorized Third Party User to the
Municipality and the County. If for any reason the Authorized Third Party User fails,refuses or
stops providing emergency first responder services for the Municipality, the Municipality shall
repossess the Equipment and either return it to the County or redistribute it with the County's
written permission pursuant to the terms of this License Agreement.
(e) The Municipality understands and acknowledges that the County has the right to
reissue, remotely disable or retake possession and use of the Equipment. In the event the County
notifies the Municipality of such a reissuance, the Municipality will promptly return possession
of the Equipment to the County as directed by the Commissioner. The Municipality agrees to
5
relinquish any claim in law or equity it may have concerning the Equipment in the event of
Equipment redeployment or reissuance.
4. TERM: The term of this License Agreement shall commence on the Effective
Date and continue in full force and effect to the end of the useful life of the Equipment and
through the proper disposal of the Equipment, unless the License Agreement shall have been
terminated earlier in accordance with paragraph 6.
Nothing in this paragraph shall limit the Municipalities responsibilities under
paragraph 3(c), and the phrase"end of the useful life"used above shall not include damage to the
Equipment for which the Municipality has the responsibility to repair the Equipment pursuant to
paragraph 3(c).
5. AUDIT: The Municipality agrees to utilize the Equipment only for the purposes
and activities set forth in this License Agreement and shall keep an accurate accounting of all
Equipment received pursuant to this License Agreement and the purpose for which the
Equipment has been used by the Municipality. The Municipality will allow the County to
conduct periodic visits for the purposes of inspection, inventory of the Equipment and auditing
the records required hereunder. The Municipality shall establish and maintain complete and
accurate written records, documents, reports, and accounts for the Equipment. The Municipality
shall provide the County with an annual report (by January 31st of each year) in the form
attached hereto as Schedule"B"or such other format and interval that may be required by the
County. These records must be kept for the balance of the calendar year in which they were
made.
6. TERMINATION: (a)The County on thirty(30) days notice to the Municipality
may terminate this License Agreement in whole or in part when it deems it to be in its best
interest.
(b) In the event the Municipality defaults in the performance of any term, condition
or covenant herein contained, the County at its option and in addition to any other remedy it may
6
have to seek damages,judicial enforcement or other lawful remedy, may terminate this License
Agreement upon forty eight(48)hours written notice to the Municipality.
(c) Upon termination, all right of the Municipality to the use of the Equipment shall
absolutely cease and terminate as though this License Agreement had never been made, but the
Municipality shall remain liable to the extent hereinafter provided; and thereupon the County
may, by its agents, enter upon the premises where any of the Equipment may be and take
possession of all or any such Equipment and thenceforth hold,possess and enjoy the same free
from any right of the Municipality or its successors or assigns, to use the Equipment for any
purposes whatsoever; but the County shall, nevertheless, have the right to recover from the
Municipality any damages and expenses in addition thereto, including reasonable attorneys' fees,
which the County shall have sustained by reason of the breach of any covenant of this License
Agreement. The County shall take immediate possession of the Equipment issued hereunder
wherever found, with or without process of law, and the County shall not be responsible for any
damage which Municipality sustains by virtue of said act.
7. ASSIGNMENT: The Municipality shall not assign, sublet or transfer or
otherwise dispose of its interest in this License Agreement or the Equipment without the prior
written consent of the County. Any purported delegation of duties, assignment of rights or
subletting of this License Agreement without the prior written consent of the County is void.
8. COMPLIANCE WITH LAW: The Municipality shall comply, at its own
expense, with the provisions of all applicable local, state and federal laws,rules and regulations
and Executive Orders.
9. ACTS OF GOD: Neither the County nor the Municipality shall be liable to the
other or deemed to be in default for any delay or failure to perform under this License
Agreement resulting from acts of God, civil or military insurrection, explosions, floods, riots,
earthquakes, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation,
or any other causes, but in every case the delays must be beyond the control and without the fault
of the County, the Municipality or their respective contractors.
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10. INDEMNIFICATION: The Municipality agrees:
(a) that except for the amount, if any, of damage contributed to, caused by, or
resulting from the sole negligence of the County, the Municipality shall indemnify and hold
harmless the County, its officers, employees, agents, and elected officials from and against any
and all liability, damage, claims, demands, costs,judgments, fees, attorney's fees or loss arising
directly or indirectly out of the performance or failure to perform hereunder by the Municipality,
its police officers and firemen, or third parties under the direction or control of the Municipality;
and
(b) to provide defense for and defend, at its sole expense, any and all claims,
demands or causes of action directly or indirectly arising out of this Agreement and to bear all
other costs and expenses related thereto; and
(c) In the event the Municipality does not provide the above defense and
indemnification to the County, and such refusal or denial to provide the above defense and
indemnification is found to be in breach of this provision, then the Municipality shall reimburse
the County's reasonable attorney's fees incurred in connection with the defense of any action,
and in connection with enforcing this provision of the Agreement.
11. WBE/MIE: Pursuant to Section 308.01 of the Laws of Westchester County, it is
the goal of the County to use its best efforts to encourage, promote and increase the participation
of business enterprises owned and controlled by persons of color or women in contracts and
•
projects funded by all departments of the County. Attached hereto and forming a part hereof as
Schedule"C" is a Questionnaire entitled Business Enterprises Owned and Controlled by Persons
of Color or Women. The Municipality agrees to complete the questionnaire attached hereto as
Schedule"C", as part of this Agreement.
12. ANTI-DISCRIMINATION: The Municipality expressly agrees that neither it
nor any contractor, subcontractor, employee, or any other person acting on its behalf shall
discriminate against or intimidate any employee or other individual on the basis of race, creed,
8
religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability,
marital status, sexual orientation, familial status, genetic predisposition or carrier status during
the term of or in connection with this Agreement, as those terms may be defined in Chapter 700
of the Laws of Westchester County. The Municipality acknowledges and understands that the
County maintains a zero tolerance policy prohibiting all forms of harassment or discrimination
against its employees by co-workers, supervisors, vendors, contractors, or others.
13. WAIVER: Failure of the County to insist, in any one or more instances, upon
strict performance of any term or condition herein contained shall not be deemed a waiver or
relinquishment of such term or condition, but the same shall remain in full force and effect.
14. VETERANS: The County believes it is a laudable goal to provide business
opportunities to veterans who were disabled while serving our country, and wants to encourage
the participation in County contracts of certified business enterprises owned and controlled by
service-disabled veterans. As part of the County's program to encourage the participation of
such business enterprises in County contracts, and in furtherance of Article 17-B of the New
York State Executive Law, the Municipality agrees to complete the questionnaire entitled
Questionnaire Regarding Business Enterprises Owned and Controlled by Service-Disabled
Veterans attached hereto as Schedule"D", as part of this License Agreement.
15. SEVERABILITY: If any term or provision of this License Agreement is held by
a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the
terms and provisions of this License Agreement shall in no way be affected, impaired, or
invalidated, and to the extent permitted by applicable law, any such term, or provision shall be
restricted in applicability or reformed to the minimum extent required for such to be enforceable.
This provision shall be interpreted and enforced to give effect to the original written intent of the
Parties prior to the determination of such invalidity or unenforceability.
16. HEADINGS: The headings in this License Agreement shall be for references
purposes only.
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17. NOTICES: All notices of any nature referred to in this License Agreement shall
be in writing and either sent by registered or certified mail postage pre-paid, or sent by hand or
overnight courier, or sent by facsimile(with acknowledgment received and a copy of the notice
sent by overnight courier), to the respective addresses set forth below or to such other addresses
as the respective parties hereto may designate in writing. Notice shall be effective on the date of
receipt.
To the County:
Commissioner
Department of Emergency Services
4 Dana Road
Valhalla, New York 10595
With a copy to:
County Attorney
Michaelian Office Building, Room 600
148 Martine Avenue
White Plains, New York 10601
To the Municipality:
18. ENTIRE AGREEMENT: This License Agreement and its attachments
constitute the entire Agreement between the Parties with respect to the subject matter hereof and
shall supersede all previous negotiations, commitments and writings. It shall not be released,
discharged, changed or modified except by an instrument in writing signed by a duly authorized
representative of each of the parties.
19. ENFORCEMENT: This License Agreement shall be construed and enforced in
accordance with the laws of the State of New York. This Agreement shall not be enforceable
until signed by both parties and approved by the Office of the County Attorney.
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20. COUNTERPARTS: This Agreement may be executed simultaneously in
several counterparts, each of which shall be an original and all of which shall constitute but one
and the same instrument.
21. INDEPENDENT CONTRACTOR: The Municipality is an independent
contractor and shall not make any claim, demand or application to or for any right based upon
any different status.
ARTICLE II
EQUIPMENT PURCHASED WITH BIT 32 COUNTY BOND FUNDS
22. BIT32 EQUIPMENT: (a) This Article II shall apply to Equipment paid for by
the County with County bond funds authorized pursuant to County Bond Act Nos. 2018-108,
2018-109, 2018-110, 2018-111, 2018-112, 2018-113, 2018-114, 2019-115, 2019-146, 2019-147
and 2019-148. Such Equipment for purposes of this Article II shall be referred to as the"BIT32
Equipment". In addition to the provisions in Article I, the Parties agree that the provisions in this
Article II shall apply to the BIT32 Equipment.
(b) The Parties acknowledge that the County entered into an agreement, dated
December 27, 2018, with Motorola Solutions, Inc. ("Agreement IT 1559") through which the
County purchased the BIT32 Equipment. For purposes of this Article II, the terms and
conditions of Agreement IT-1559 and any amendment or extensions with respect to the BIT32
Equipment are hereby made a part hereof and incorporated herein by reference. The
Municipality agrees to comply with all terms, conditions and provisions in Agreement IT-1559
applicable to the BIT32 Equipment.
23. AUTHORIZED USER: The Municipality acknowledges and understands that
through this License Agreement it and any Authorized Third Party User is an Authorized User
(as the term Authorized User is defined in Agreement IT-1559) of the BIT32 Equipment. The
Municipality agrees to use the BIT32 Equipment in a manner that does not violate the terms of
Agreement IT-1559.
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24. OWNERSHIP OF EQUIPMENT: Title and risk of loss of the BIT32
Equipment shall pass to the Municipality upon delivery. The Municipality agrees that it will not
sell or otherwise transfer custody and control of the BIT32 Equipment, except to an Authorized
Third Party User as provided for in Article I above.
25. USE OF SOFTWARE: (a) The Municipality may use the Software(as defined
in Agreement IT-1559) for BIT32 Equipment only for the Municipality's internal business
purposes and only in accordance with the Documentation (as defined in Agreement IT-1559).
Any other use of the Software is strictly prohibited. Without limiting the general nature of these
restrictions, Municipality will not make the Software available for use by third parties on a "time
sharing," "application service provider," or "service bureau" basis or for any other similar
commercial rental or sharing arrangement.
(b) Municipality will take reasonable efforts to ensure it and any third party under
the Municipality's direction or control will not(i)reverse engineer, disassemble, peel
components, decompile, reprogram or otherwise reduce the Software or any portion to a human
perceptible form or otherwise attempt to recreate the source code; (ii)modify, adapt, create
derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the
Software or Documentation to any third party, grant any sublicense or other rights in the
Software or Documentation to any third party, or take any action that would cause the Software
or Documentation to be placed in the public domain; (iv) intentionally remove, or in any way
alter or obscure, any copyright notice or other notice of Motorola Solution Inc.'s proprietary
rights; (v)provide, copy, transmit, disclose, divulge or make the Software or Documentation
available to, or permit the use of the Software by any third party or on any machine except as
expressly authorized by Agreement IT-1559; or(vi)use, or permit the use of, the Software in a
manner that would result in the production of a copy of the Software solely by activating a
machine containing the Software.
(c) Unless authorized by the County in writing, the Municipality will take reasonable
effort to ensure it, and any third party under its direction or control will not(i) install licensed
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copies of the Software installed in one unit of a Designated Product(as defined in Agreement IT-
1559) into a device for which the Software was not authorized for use.
ARTICLE III
EQUIPMENT PURCHASED WITH STATE GRANT CONTRACT FUNDS
26. STATE GRANT EQUIPMENT: (a) This Article III shall apply to Equipment
paid for by the County with funds provided by the County pursuant to a grant contract with the
New York State Division of Homeland Security("State Agency") and the County Department of
Emergency Services, dated November 8, 2018, and any renewals, amendments or extensions
thereof(the "State Grant Contract"). Such Equipment for purposes of this this Article II shall be
referred to as the"State Grant Equipment". In addition to the provisions in Article I, the Parties
agree that the provisions in this Article III shall apply with regard to the State Grant Equipment.
(b) The terms and conditions of the State Grant Contract and any amendment or
extensions are hereby made a part hereof and incorporated herein by reference. The
Municipality agrees to comply with all terms, conditions and provisions in the State Grant
Contract. The Municipality shall be held accountable for all terms and conditions set for in the
State Grant Contract in its entirety. The Municipality shall not use the State Grant Equipment for
any activity other than those provided for under the State Grant Contract, except with the State
Agency's prior written permission.
27. OWNERSHIP OF STATE GRANT EQUIPMENT: The Municipality agrees
that title to the State Grant Equipment shall be governed by the terms of the State Grant Contract.
The Municipality will not sell or otherwise transfer the State Grant Equipment, except the
Municipality will transfer custody and control of the State Grant Equipment to Authorized Third
Party Users as provided for in Article I. The Municipality agrees that the State Agency retains
ultimate control over and ownership of the State Grant Equipment pursuant to the terms of the
State Grant Contract. The Municipality may dispose of the State Grant Equipment only pursuant
to the terms in the State Grant Contract.
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28. CERTIFICATION REGARDING LOBBYING: The Municipality hereby
agrees to complete the Certification Regarding Lobbying attached hereto as Schedule "E" and
which is made a part hereof
29. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: The
Municipality hereby agrees to complete the Debarment and Suspension Certificate attached
hereto as Schedule"F" and which is made a part hereof
30. CERTIFIED ASSUSRANCES FOR FEDERALL SUPPORTED
PROJECTS: The Municipality agrees to the terms and provisions set forth in Schedule "G",
Division of Homeland Security and Emergency Services Grant Assurances and Certifications for
Federally Funded Grants.
31. REPORTING: The Municipality shall submit to the County all documentation,
information or forms that the County needs in order to comply with the reporting requirements
under the State Grant Contract. The Municipality shall complete all form required by the State
Agency under the State Grant Contract.
32. NON-DISCRIMINATION REQUIREMENT: The Municipality will not
discriminate against any employee or applicant for employment because of race, creed(religion),
color, sex(including gender identity or expression), national origin, sexual orientation, military
status, age, disability,predisposing genetic characteristic, marital status or domestic violence
victim status, and shall also follow the requirements of the Human Rights Law with regard to
non-discrimination on the basis of prior criminal conviction and prior arrest. The Municipality
shall not by reason of race, creed, color disability, sex, or national origin: (a) discriminate in
hiring against any New York State citizen who is qualified and available to perform the work; or
(b)discriminate against or intimidate any employee hired for the performance of work under this
License Agreement.
33. EQUAL EMPLOYMENT OPPORTUNITY(EEO).
14
(a) The Municipality shall undertake or continue existing EEO programs to ensure
that minority group members and women are afforded equal employment without discrimination
because of race creed, color,national origin, sex, disability or marital status. For these purposes,
EEO shall apply in the areas of recruitment, employment,job assignment, promotion,upgrading,
demotion, transfer, layoff, or termination and rates of pay or other forms of completion. If the
Municipality does not have an existing EEO policy. Section 3(b)(iv) of the State Grant Contract
may be use to develop one.
(b)The Municipality will not discriminate against any employee or applicant for
employment because of race, creed, color, national origin, sex, age, disability or marital status ,
will undertake or continue existing EEO programs to ensure that minority group members and
women are afforded and equal employment opportunities without discrimination and shall make
and document its conscientious and active efforts to employ and utilize minority group members
and women in the work force in connection with this License Agreement.
(c)The Municipality shall state in all solicitations or advertisements for employees
that, in the performance of this License Agreement, all qualified applicants will be afforded equal
employment opportunities without discrimination because of race, creed, color, national origin,
sex, age, disability or marital status.
(d) The Municipality shall request each employment agency, labor union, or
authorized representative of workers with which it has a collective bargaining or other agreement
or understanding, to furnish a written statement that such employment agency, labor union, or
representative will not discriminate on the basis of race, creed, color, national original, sex, age,
disability or marital status that such union or representative will affirmatively cooperate in the
implementation of the County's obligations herein in connection with this License Agreement.
(e) The Municipality shall comply with the provisions of the Human Rights Law, all
other State and Federal statutory and constitutional nondiscrimination provisions. The
Municipality shall not discriminate against any employee or applicant for employment because
of race, creed (religions), color, sex, national origin, sexual orientation, military status, age,
15
disability, predisposing genetic characteristic, marital status or domestic violence victim status,
and shall also follow the requirements of the Human Rights Law with regard to non-
discrimination on the basis of prior criminal conviction and prior arrest.
(f) The Municipality will take all necessary affirmative steps to assure that minority
forms, women's business enterprises, and labor surplus are firms are used when possible.
34.AUDIT: The Municipality will allow the State Agency to conduct periodic visits
for the purposes of inspection, inventory of the Equipment and auditing the records required
hereunder. The Municipality shall provide or complete any other reports necessary for the
County to report to the State Agency or federal government with regard to the State Grant
Equipment. This License Agreement may be subject to fiscal and program audits by DHSES,
NYS Office of State Comptroller,pertinent federal agencies, and other designated entities to
ascertain financial compliance with federal and/or State laws, regulation, and guidelines
applicable to the Contract. The Municipality shall meet all audit requirements of the federal
government and State of New York.
IN WITNESS WHEREOF, The County of Westchester and the Municipality have
caused this Agreement to be executed.
THE COUNTY OF WESTCHESTER
By:
John M. Cullen
Commissioner of Emergency Services
MUNICIPALITY
By:
(Name and Title)
16
Authorized by the Westchester County Board of Acquisition and Contract on the day of
Authorized by the Municipality on
Approved as to form and
manner of execution:
Sr. Assistant County Attorney
The County of Westchester
K:noe/dit/license agreement with agencies/final
17 •
MUNICIPALITY'S ACKNOWLEDGEMENT
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER)
On this day of ,2019,before me personally came
,to me known, and known to me to be the
of
the municipal corporation described in and which executed the within instrument,who being by me
duly sworn did depose and say that he,the said resides at
and that he is of said municipal corporation.
Notary Public County
CERTIFICATE OF AUTHORITY
(Municipality)
I,
(Officer other than officer signing contract)
certify that I am the of the
(Title)
(Name of Municipality)
(the "Municipality") a corporation duly organized in good standing under the
(Law under which organized, e.g., the New York Village
Law, Town Law, General Municipal Law)
named in the foregoing agreement that
(Person executing agreement)
who signed said agreement on behalf of the Municipality was, at the time of execution
of the Municipality,
(Title of such person),
that said agreement was duly signed for on behalf of said Municipality by authority of its
(Town Board, Village Board, City Council)
thereunto duly authorized, and that such authority is in full force and effect at the date hereof.
(Signature)
STATE OF NEW YORK )
ss.:
COUNTY OF WESTCHESTER)
On this day of , 2019, before me personally came
whose signature appears above, to me known, and know to be the
of
(title)
the municipal corporation described in and which executed the above certificate, who being by
me duly sworn did depose and say that he, the said
resides at
the , and that he is
of said municipal corporation.
(title)
Notary Public County
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