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2020_05_20 Town Board Meeting Packet
TOWN BOARD MEETING WORKSESSION AGENDA WEDNESDAY, MAY 20, 2020 5:30PM PURSUANT TO THE STATE'S SUSPENSION OF THE OPEN MEETINGS LAW, THE TOWN BOARD MEETING is airing live on LMCTV channel 76 Optimum, 35 Verizon/FiOS & the www.lmctv.org website: https://Imctv.org/live-meetings-on-Imcty/ 1. Capital Project Schedule/Financing (See attachment). 2. Coronavirus Response - Review of Suspended Laws (See attachment). 3. Review- Peddler's Law (See attachment). 4. Sewer System Asset Management Program (Attachment to be provided on Monday). 5. Update- Hickory Grove Drive Sidewalk (See attachment). 6. New Business 7. Request for Executive Session Qf 1 a s o Town of Mamaroneck 9, 7+ Town Center s t " 740 West Boston Post Road,Mamaroneck,NY 10543-3353 • fCUNCE111661. Office of the Comptroller TEL: 914/381-7850 FAX:914/381-7809 towncomptroller@townofmamaroneck.org Memorandum To: Town Board Members From: Stephen Altieri, Town Administrator Tracy Yogman, Town Comptroller Date: May 20, 2020 Re: 2020 Capital Project Update/Bonding Resolutions In March, we updated the Board on the status of the various capital projects. The 2020 Capital Budget included many projects that were proposed ,in a number of different categories. In consideration of the tentative financial impact of the pandemic, a prudent and careful review of all projects planned was completed with the objective of keeping debt service as low as possible going into the 2021 Budget. The updated Capital Project Status report provides a revised summary and indicated recommended projects that are either in progress or are critical to Town operations. All other projects have been deferred and will be reviewed on an on-going basis. The projects in red print represent the changes made from the prior update. The projects listed in red represent changes from the last capital project update. Many of the projects that are recommended to proceed require financing through the issuance of bonds. The first step in securing the funding requires the adoption of bonding resolutions. According to the financial advisors,the bond market has somewhat settled and rates for both Bonds and BANS for municipalities with a Aaa bond rating are less than 2%. BANS are short term borrowings for a one-year period renewable each year for 5 years and are currently at a rate of less than 1%. Bonds are long term borrowings and are currently at a rate of 2% or lower. We intend to accept the financial advisor's advice on the most cost effective borrowing method at the time the bonds are ready to be sold. We will provide an update as the process progresses. Debt service on bonds that are issued in 2020 will begin in 2021. The debt service for the projects below will be funded by several different funds. The Sewer and Water Districts are funded with fees based on usage and the annual cost of the debt service will be incorporated into the 2021 fee structure. The debt service in the other funds are paid with tax revenues. The chart on the next page lists the borrowings that are recommended for 2020. Also listed is the funding source for the payment of the debt and the estimated debt service for the bonds. The proposal for 2020 is to borrow$3.lmillion. The original capital project plan for 2020 recommended borrowing an estimated$8million. Estimated Debt Service- 15 years@ # Fund Project Funding Source Borrowing 1.85% 1 General Ice Rink Improvs Property Taxes 1,422,000 106,650 2 Highway Dump Truck Property Taxes 270,000 20,250 3 Ambulance VAC- HVAC Property Taxes 114,500 8,588 4 Garbage Garbage Truck Property Taxes 160,000 12,000 Subtotal $1,966,500 r$ 147,488 Sewer Camera 5 Sewer Vehicle Fees 84,350 6,326 Winged Foot Storage 6 Water Tank Fees 576,000 43,200 7 Water Rye Lake Filtration Fees 525,000 39,375 Rye Lake UV Trmt (Bond previously Water authorized) Fees 500,000 37,500 Total $3,151,850 $ 191,314 Below is a brief summary of the projects and the amount of the required bonds for which approval is necessary: 1. Ice Rink Improvements- Project#2019-24 $384,000 The original bond was approved in February 2019 in the amount of$1,238,000. The project was awarded in February 2020 with approval to increase the bond by $384,000. The total bond funding for the project$1,622,000 of which$200k was issued in 2019.Debt service will be paid by the General Fund from offsetting revenue. The bond resolution for the increase is attached. 2. VAC Building HVAC- Project#2020-59 $114,500 The project consist of three separate areas that have aged and underperforming systems. The replacement of existing aged condensers with improved efficiency that will address the required cooling needs for pharmaceutical storage guidelines. It is estimated that this project will reduce utility costs. Debt service will be paid by the Ambulance District and requires a public hearing. The resolution is attached. 3. Sewer Camera Vehicle- Project#2020-76 $84,350 This project includes the purchase of a replacement sewer inspection camera system for the maintenance of storm and sanitary sewers. This is a shared service with the Village of Mamaroneck who will contribute half the cost of the equipment. The total cost of the equipment is $168,700 and a shared service grant will be submitted. Debt service will be paid by the Sewer District and requires a public hearing. The bond resolution is attached. 4. Highway Dump Truck-Project#2020-06 $270,000 The purchase of a ten wheel dump truck with salter body and plow is needed to replace a twenty year old truck that has been refurbished and is beyond its expected useful life. Debt service will be paid by the Highway Fund. The bond resolution is attached. 5. Garbage Truck- Project#2020-09 $160,000 The purchase of a 20 yard garbage truck is needed to replace a worn out truck that is beyond its useful life. Debt service will be paid by the Refuse District and requires a public hearing. The bond resolution is attached. 6. Winged Foot Storage Tank-Project#1362-12 $ 576,000 A full rehabilitation of a 750 thousand gallon elevated hydropillar water storage tank is required to meet current regulatory requirements. The project includes replacement of the ladder and climb systems, venting system upgrade and relocation and upgrade of tank lighting system with LED lights. The Town's share of this project is 16.7%. Debt service will be paid by the Water District. The bond resolution is attached. 7. Rye Lake Filtration Facility-Project#1364-12 $1,152,000 Construction of 30 MGD (expandable to 40 MGD) filtration plant to comply with EPA surface water treatment rules and to provide for future demand. The Town's share of this project is 16.7%. Debt service will be paid by the Water District. The bond resolution is attached. The bonding resolutions required for the capital borrowing will be delivered to the Town Board on Monday. Some of the borrowing proposed in this plan is in the Garbage District, Water District, Sewer District and Ambulance District. Proposed borrowings for these districts will require public hearings. Should the Board decide to move forward with this plan, we have tentatively placed on the agenda setting the public hearings. The notices for the hearings will also be provided on Monday. 2020 CAPITAL PROJECTS STATUS May 20,2020 PROJECT DESCRIPTION Fund Budget Code PROJECT BUDGET BONDS/BAN GRANTS/LOCAL INTERFUND Expenses/ SERVICES TRANSFER TO Encumbered Status PROJECTS TO PROCEED: Engineering Dept-ARC Facilities A H.1680.0400.2020.20 8,134 8,134 Proceed Fleet Car-Recreation A H.7020.0400.2020.72 30,000 30,000 27,837 Purchase Orders issued,dealership is closed Proceed(Bond Reso Authorized&outstanding);Bonded ICE RINK IMPROVEMENTS A H.7265.0400.2019-24 1,753,000 1,422,000 91,900 39,100 1,456,445 $200k in 2019 Sheldrake Trails-Bridge Repair A H.8510.0400.2020.79 10,000 10,000 Maybe done in house-supply cost only SUV-Light Duty Engineering B H.1440.0400.2020.72 30,000 30,000 27,837 Purchase Orders issued,dealership is closed Survey in progress.Defer design$35k to Q4; Memorial Park Playground B H.7140.0400.2020.31 650,000 575,000 75,000 3,800 Construction 2021;Bond in 2021 Ballistic Protective Energy B H.3120.0400.2020.77 7,700 7,700 Proceed Weapon Replacement B H.3120.0400.2020.77 _ 11,400 11,400 9,002 Proceed Police Vehicles(2) B H.3120.0400.2020.72 __ 90,000 90,000 87,587 Proceed Mobile Radio Equipment B H.3120.0400.2011.16 7,845 7,845 7,422 Proceed Proceed with design(Bond Reso Authorized& Outstanding)using developer fees;Defer construction to Intersection Improvements-Madison Avenue b H.3310-0400.2018-61 995,660 866,000 129,660 2021 Proceed with design using developer fees;defer Drainage Improvements-Madison Avenue H.5110.0400.2020-80 1,230,000 1,230,000 construction to 2021 Server Replacement B H.1680.0400.2020.20 45,000 45,00( Proceed in Q3 Pickup Light Duty DB H.5110.0400.2020.06 40,000 40,000 34,952 Proceed Manhold Cover Lifter DB H.5110.0400.2020.06 6,800 6,800 Proceed Townwide Pavement Evaluation DB H.5110.0400.2020.75 27,500 27,500 25,000 Proceed Dump Truck-10 Wheel DB H.5110.0400.2020.06 270,000 270,000 Proceed Emergency Radio Upgrade SF H.3410.0400.2020.67 144,601 144,60' 144,601 Completed SUV SF H.3410.0400.2020.72 50,000 50,000 46,130 Proceed Fire Mobile Tech-4 Vehicles SF H.1680.0400.2020.20 18,000 18,000 Proceed VAC Building HVAC SM H.4191.0400.2020.59 114,500 114,500 9,000 Proceed 20 Yard Refuse Vehicle SR H.8160.0400.2020.09 160,000 160,000 - _cr,,, Sewer Camera System Vehicle SS H.8120.0400.2020.76 168,700 84,350 84,350 168,700 Proceed-Waiting for VOM to approve 2020 CAPITAL PROJECTS STATUS May 20,2020 PROJECT DESCRIPTION Fund Budget Code PROJECT BUDGET BONDS/BAN GRANTS/LOCAL INTERFUND Expenses/ Status SERVICES TRANSFER TO Encumbered Rye Lake Distribution System Mods SW H.8340.0400.1363.12 144,000 144,000 Proceed with design Proceed-project in progress-Authorized and outstanding$1,086,000);bonded$500k in 2019.Project estimate has been reduced based on a grant received for Rye Lake UV Treatment SW H.8340.0400.1352.12 921,600 500,000 - 40%of the cost. Winged Foot Storage Tank SW H.8340.0400.1362-12 576,000 576,000 501,000 Proceed Shaft 22-Chlorination System SW H.8340.0400.1365.12 96,000 96,000 - Design to continue 5 year project in progress-need$525k in bond funds in Rye Lake Filtration Plant SW H.8340.0400.1364.12 1,152,000 525,000 1,002,000 2020 Preserve Regulator Vaults#1 SW H.8340.0400.1366.12 86,400 86,400 - Design to continue Preserve Regulator Vaults 4 2 SW 11.8340.0400.1367.12 86,400 86,400 - Design to continue Road Paving-2020 SW 11.8340.0400.1368.12 250,000 250,000 - Proceed PROJECTS THAT WILL PROCEED $ 9,181,240 $ 5,092,850 $ 1,535,910 $ 1,303,880 $ 3,551,312 2020 PROJECTS TO DEFER: Town Center Flooring A H.1620.0400.2020.14 200,000 200,000 - Defer tO 2021 Office 2019 Pro Plus Yr 2 Pmt A 11.1680.0400.2020.20 34,000 34,000 Completed with 2019 funds Proceed in Q3 in conjunction with the server Active Directory 2016 Configuration A 11.1680.0400.2020.20 25,000 25,000 replacement RS Two Factor A H.1680.0400.2020.20 44,000 44,000 Defer to Q4 and evaluate Edmunds Core MCSi/Modules-requisiton and Escrow$4500ea A H.1680.0400.2020.20 9,000 9,000 Defer to 2021 Proceed in Q3 in conjunction with the server Server Replacement A H.1680.0400.2020.20 6,000 6,000 replacement Wi Fi upgrade-TC Parking Lot,Lot 1A,VFW&Rink A 11.1680.0400.2020.20 11,000 11,000 Defer to Q3 Access Controls-Rec&Comptrollers A H.1680.0400.2020.20 12,000 12,000 Defer to Q3 Workstations A H.1680.0400.2020.20 13,500 13,500 Defer to Q4 20 Passenger Bus A H.6772.0400.2020.22 65,000 52,000 13,000 On hold pending grant approval Furniture Replacement-Senior Center A H.6772.0400.2020.52 9,675 9,675 Defer to Q3 Senior Center Renovation-Yellow room-Includes looring,heating, A H.6772.0400.2020.58 248,000 124,000 124,000 Defer tO 2021 2020 CAPITAL PROJECTS STATUS May 20,2020 PROJECT DESCRIPTION Fund Budget Code PROJECT BUDGET BONDS/BAN GRANTS/LOCAL INTERFUND Expenses/ Status SERVICES TRANSFER TO Encumbered Storage Garage A H.7020.0400.2020.31 6,000 6,000 Defer to Q3 Sheldrake-Driveway A H.7150.0400.2020.40 100,000 100,000 Defer tO 2021 - Hommocks Pool Renovation A H.7180.0400.2020.25 1,400,000 1,360,000 40,000 Defer tO 2021 Zamboni-Ice Rink A H.7265.0400.2020.71 115,000 115,000 Defer tO 2021 - Ice Rink Office-HVAC A H.7265.0400.2020.24 8,000 8,000 Defer to Q3 - Ice Rink Offices-Flooring A H.7265.0400.2020.24 7,670 7,670 Defer to Q3 _ Ice Rink Office Workstation A H.7265.0400.2020.24 6,000 6,000 Defer to Q3 _ Hommocks Conservation Area A H.8510.0400.2013.34 9,000 9,000 Defer to Q3 Municity 5 Tables for building inspectors &engineers B H.1680.0400.2020.20 9,000 9,000 Defer to Q3 _ Proceed in Q3 in conjunction with the server Domain Controller Server Configuration B H.1680.0400.2020.20 25,000 25,000 replacement Municity 5 Land Use B H.1680.0400.2020.20 30,000 30,000 Defer to Q3 Edmunds Core RTA Replacement DB H.1680.0400.2020.20 17,500 17,500 Defer to 2021 Edmunds Core MCSi/Modules-Fleet 3700 DB H.1680.0400.2020.20 3,700 3,700 Defer to 2021 - Municity DPW-Work orders DB H.1680.0400.2020.20 28,000 28,000 Defer to Q3 Access Controls-Highway garage DB H.1680.0400.2020.20 37,000 37,000 Defer to 2021 Highway Garage Computer-Fleet Diagnostic DB H.1680.0400.2020.20 13,500 13,500 Defer to Q3 Skid Steer Loader DB H.5110.0400.2020.06 140,000 140,000 Defer to 2021 Salt Spreader DB H.5110.0400.2020.06 70,000 70,000 Defer to 2021 Utility Trailer DB H.5110.0400.2020.06 20,000 20,000 Defer to Q3 DB H.5110.0400.2020.06 16,000 16,000 Defer to Q3 Highway Garage Doors DB H.5110.0400.2020.38 150,000 150,000 Defer to 2021 Highway Garage-Radiant Heat DB H.5110.0400.2020.38 126,650 126,650 Defer to 2021 Resurfacing of Roads DB H.5110.0400.2020.04 684,877 566,000 118,877 - Defer to 2021 Sidewalks and Curbs DB H.5110.0400.2020.73 334,000 334,000 Defer to 2021 Harmon Drive Sidewalk DB H.5110.0400.2020.74 312,000 156,000 156,000 Defer to 2021 Highway Office Building HVAC DB H.5110.0400.2020.38 108,000 108,000 6,850 Defer to 2021 2020 CAPITAL PROJECTS STATUS May 20,2020 PROJECT DESCRIPTION Fund Budget Code PROJECT BUDGET BONDS/BAN GRANTS/LOCAL INTERFUND Expenses/ SERVICES TRANSFER TO Encumbered Status Brine System DB H.5142.0400.2020.10 125,000 62,500 62,500 - Defer to 2021 Arc GIS Software SS H.8120.0400.2020.19 6,000 3,000 3,000 - Defer to Q3 PROJECTS THAT WILL BE DEFERRED TOTAL $ 4,585,072 $ 3,649,150 $ 516,377 $ 419,545 $ 6,850 _ TOTAL $ 13,766,312 $ 8,742,000 $ 2,052,287 $ 1,723,425 $ 3,558,162 ._ , ,, „,7„ o ,.�" , o Town of Mamaroneck ti , W .n .' m Town Center 2 n :FOUNDED 1661• 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: 914/381-7810 OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 townadministrator@townofmamaroneck.org Memorandum To: Supervisor &Town Board Re: Update—COVID-19 Response Date: May 15, 2020 To kick off the discussion of our COVID-19 response, I have attached a copy of the most recent extension of the declaration of a state of emergency and a copy of local laws that have been suspended as part of our response to the emergency. If you have any questions before the meeting, please let me know. frA.--- Stephen V.Altieri Town Administrator DECLARATION OF A STATE OF EMERGENCY I, Nancy Seligson, exercising the authority given to me as Supervisor of the Town of Mamaroneck under section 24 of the New York State Executive Law to preserve the public health, welfare and safety, hereby declare a State of Emergency in the unincorporated area of the Town of Mamaroneck effective on May 15, 2020 at 12:16 pm (prevailing time). This State of Emergency is being declared due to the threat to the health, welfare and safety of the public caused by the COVID-19 virus. This State of Emergency will remain in effect until June 13, 2020 at 12:15 pm (prevailing time) or until a subsequent order of mine rescinds it. I direct all departments, agencies and employees of the Town of Mamaroneck to take the steps necessary to protect the health, welfare and safety of the public, to protect property and public infrastructure and to provide such emergency assistance as may be necessary. Dated: Mamaroneck NY May 15, 2020 /, /!y/.2 Nancy"� igson,/ upervisor of the •wn of Mamaroneck Suspension of Certain Local Laws during the Town of Mamaroneck's State of Emergency due to COVID-19 Whereas, acting pursuant to section 24 of the New York State Executive Law, I, Nancy Seligson, Supervisor of the Town of Mamaroneck, declared a state of emergency in the Town of Mamaroneck effective March 16, 2020 at 12:15 pm (prevailing time) due to the COVID-19 pandemic, and Whereas, the conditions that led to my declaring a state of emergency have not changed in that the COVID-19 virus remains a threat to the health, welfare and safety of the public, and Whereas, since the COVID-19 virus remains a threat to the health, welfare and safety of the public,I extended the state of emergency in the Town of Mamaroneck effective April 16, 2020 at 12:15 pm (prevailing time) and again on May 15, 2020 at 12:16 pm (prevailing time) (see attached copy of the May 15 declaration), and Now, therefore, I, Nancy Seligson, acting pursuant to my declaration of a state of emergency in the Town of Mamaroneck, declare the following: • I suspend the prohibition on parking contained in sections 219-20 and 219-22 of the Code of the Town of Mamaroneck but only on the streets and at the times mentioned on the attached sheet, • I suspend section 106-58.1 of the Code of the Town of Mamaroneck and order that rock removal by mechanical means not be allowed. • I modify section 106-42A. of the Code of the Town of Mamaroneck to provide that the Building Inspector may extend the duration of any building permit issued between March 1,2019 and May 30,2019 by an additional sixty (60) days upon the permit holder demonstrating just cause for such extension, • I modify section 141-12 B of the Code of the Town of Mamaroneck to provide: "The use of gasoline-powered leaf blowers shall be unlawful in the Town, even after a storm, during the period from April 1 through September 30 of each year. This section shall not apply to utility companies, municipal and/or school district emergency operations.", and • I modify section 195-41 of the Code of the Town of Mamaroneck to provide: "The taxable status date in the Town of Mamaroneck for the year 2020 shall be June 1, 2020 but shall be May 1 of each year thereafter." The suspensions and modifications mentioned above shall be effective on May 15,2020 at 12:16 pm(prevailing time) and shall continue until May 19, 2020 at 11:59 pm (prevailing time). Failure to obey this order is a criminal offense, punishable in accordance with section 24 (5) of the New York State Executive Law. Dated: Mamaroneck, NY / May 15, 2020 Nan.$Seligso / Supervisor of th• own of Mamaroneck Select ParkinRegulations Waived During, Town of Mamaroneck State of Emerge y Coronavirus During the period of the Town's Declaration of a State of Emergency the following parking regulations are waived: • 9:OOam-12:OOpm Parking Ban Waived on Palmer Avenue, Richbell Road,Burton Road& Harmony Drive • 3:OOam-6:OOam Overnight Parking Ban Waived throughout the unincorporated area • Washington Square Neighborhood Including: Murray Avenue between Myrtle Blvd and Leafy Lane New Jefferson Street, North Chatsworth Avenue between Myrtle Boulevard and 35 North Chatsworth Avenue All timed parking restrictions are waived with the exception of the 3-hour parking limitation for those without a Washington Square Parking Permit • Parking Restrictions at Certain Times are waived on: North Chatsworth Avenue between Edgewood Avenue and Echo Maple Hill Drive between Murray Avenue and Orsini Drive Rockingstone Avenue between North Chatsworth Avenue and Seton Road Overlook Terrace Normandy Road Hillside Road Preston Street Cavit Road Laurel Avenue Thompson Street Wood Street Taylor Place Mountain Avenue • Parking in Commuter Parking Lot#1-Myrtle Boulevard Because of the Coronavirus situation,there is minimal utilization of the commuter parking lot. Until further notice, residents of the Town may utilize the designated areas in Lot#1 for additional parking without having a permit for the lot. Vehicles may park in the lot 24 hours per day. DECLARATION OF A STATE OF EMERGENCY I, Nancy Seligson, exercising the authority given to me as Supervisor of the Town of Mamaroneck under section 24 of the New York State Executive Law to preserve the public health, welfare and safety, hereby declare a State of Emergency in the unincorporated area of the Town of Mamaroneck effective on April 16,2020 at 12:15 pm(prevailing time). This State of Emergency is being declared due to the threat to the health, welfare and safety of the public caused by the COVID-19 virus. This State of Emergency will remain in effect until May 15, 2020 at 12:15 pm (prevailing time)or until a subsequent order of mine rescinds it. I direct all departments,agencies and employees of the Town of Mamaroneck to take the steps necessary to protect the health, welfare and safety of the public, to protect property and public infrastructure and to provide such emergency assistance as may be necessary. Dated:Mamaroneck NY April 15, 2020 1 ,_ ancy 'gson, f pervisor of the •wn of Mamaroneck . f * yj O 1 ° •. Z Town of Mamaroneck w F' mn County of Westchester 740 West Boston Post Road, Mamaroneck, NY 10543-3353 • FOUh DED1EE' • COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakerk@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Stephen V. Alfieri,Town Administrator Christina Battalia,Town Clerk From: William Maker,Jr.,Attorney for the Town Subject: Peddler's Law Date: May 15,2020 I attach a proposed revision to the current law on door-to-door solicitation. The amendment can be broken down into three components. First: The new §154-10 changes the latest hour in the day when vending is permitted to the later of 6:00 pm or sunset. Second: Based upon additional research, I added a concept that the current law does not have. Under the new §154-11, residents can have the Town enforce their own decision not to allow solicitation. Because of the insertion of this new section, the section establishing the penalties for violating this chapter had to be recast as §154-12. While doing that, I modernized the section. I also attach the current section on penalties so you can compare the two. Third: The fees were reduced from$125 to$50. If the Town Board considers this proposed law worthy of public discussion, it may set a public hearing and after the hearing is closed, decide whether to enact it. 11111 114, i • 1 to Printed on Recycled Paper 0 Local Law No. -2020 This local law shall be known as the "Setting of Time Limits and Fees for Solicitation, and Creating an Option for Residents to Prohibit Solicitation" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: While the Town Board believes that the majority of its citizens would prefer not to receive peddlers and solicitors at their front doors in the evening, the Board is mindful of federal cases, such as New York Community Action Network (601 F Supp 1066 [EDNY 1984]) which have held that solicitation is commercial free speech protected from undue regulation by the First Amendment to the United States Constitution. This law is designed to bring the Town's regulation of peddling and soliciting within the scope of the rulings in such cases. Section 2-Amendment of a current section of the Mamaroneck Code: Section 154-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §154-10. Prohibited times for peddling and soliciting. 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 the later of 6:00 p.m. (prevailing time) or sunset. Section 3-Amendment of a current section of the Mamaroneck Code: Section 154-11 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §154-11. Resident's decision not to allow solicitation. A. Any person who does not want in-person solicitation upon the private property that he/she owns or occupies may advise the Town of his/her objection to solicitation through a written or electronically transmitted notice either mailed or transmitted to the Town Clerk that includes the following information: 1. The name of the person(s) filing the objection. 2. That person(s)' address. 3. The date that a "No Solicitation", "No Peddlers" or a sign conveying that message was erected on the property that the person owns or occupies. B. The Town Clerk shall prepare, and from to time update, a list of the names and addresses of the persons who advise of their decision not to allow in-person solicitation and shall deliver such list to the Police Department and the Building Department. Periodically, but not less than annually, the Town Clerk may, but is not required to, ask the persons appearing on the list whether they wish to remain on the list. The Town Clerk shall strike from the list those persons who affirmatively state that they no longer wish to be on the list and may, but is not required to, strike the name of any person who does not respond within 30 days after the Town Clerk's inquiry shall have been sent. C. It shall be a violation of this chapter for any person to barter, sell, peddle, hawk or vend goods, wares, merchandise, produce or services of an established business on private property included on the list prepared by the Town Clerk pursuant to section 154-11 B. of the Code if a "No Solicitation", "No Peddlers" or a sign conveying that message is prominently displayed on that property. Section 4-Addition of a new section to the Mamaroneck Code: The Code of the Town of Mamaroneck hereby is amended by adding the following section thereto: §154-12. Penalties for violating this chapter. A. Any person violating any provision of this chapter shall be guilty of a violation punishable by a fine of not less than$250 and not more than$500. B. Every incident of a person violating a provision of this chapter shall be a separate violation, even if committed on the same day. Section 5-Amendment of a current section of the Mamaroneck Code: Section A-250-1 of the Code of the Town of Mamaroneck hereby is amended by repealing the part thereof that reads: § 154-7A Peddling license, vehicle $125 § 154-7B Peddler's license $125 and substituting the following in its place: § 154-6 Peddling license, vehicle $50 2 / § 154-6 Peddler's license $50 Section 6—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 7—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. May 8, 2020 3 § 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$5o. (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. r 0 ,9?y Town of Mamaroneck TEL:914/381-7835 O --p Engineering Department, Town Center FAX:914/381-8473 Z 740 West Boston Post Road, Mamaroneck, NY 10543-3353 w m I'FOUNDED I661 ' Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org Town Engineer INTERDEPARTMENT MEMORANDUM DATE: May 15,2020 TO: Steve Altieri, Town Administrator FROM: Robert Wasp,P.E., Town Engineer SUBJECT: Design Development Status Hickory Grove East Sidewalk Extension(CP-2019-64) GENERAL: Design development for the Hickory Grove Sidewalk extension has been advanced by Town's engineering consultant in conjunction with the Engineering Department. Dolph Rotfeld Engineering has produced updated design drawings with construction cost estimates for the project. Two alternate design layouts are included that provide 24 foot versus 26 foot width of pavement for the improved road alignment on Hickory Grove Drive. Town Code reference to §190-11 specifies 26 feet as minimum width of pavement for construction of new local residential streets. Design with 24 foot pavement width for local roads is commonly used in the engineering practice. Both layouts include the construction of a new four foot wide concrete sidewalk following the northbound travel lane.Areas of expanded pavement limits and new sidewalk coverage are shown as hatched on the attached drawings. Existing pavement width on Hickory Grove Drive East varies from+1-21 feet to 28 feet. Additional work scope as required to provide 26 foot pavement width increases disturbance, material quantities and may necessitate relocation of existing utility poles and appurtenances. Costs necessitated with necessary widening can be reduced by pursuing the 24 foot pavement option. The Engineering Department recommends that 24 foot width of pavement is acceptable for traffic safety and is consistent with best design practice for local roads. The balance of unencumbered capital project budget available towards construction remains at approximately $196,500. The provided cost estimates have been prepared with conservative price assumptions and contain significant reserve for contingency and miscellaneous work. As such anticipated construction costs appear to remain within the previously established budget thresholds at this time. Contact with Town and Village residents in proximity to the sidewalk extension will be established following presentation of this update to the Town Board. Residents will be invited to attend an informational meeting for potential questions and feedback regarding the project Please feel free to contact me with any questions. N Hickory Grove Sidewalk Improvements 24' Wide Road- Budget Estimate FINAL BID: $226,402.00 ITEM NO. DESCRIPTION UNIT QUANTITY UNIT ESTIMATED PRICE AMOUNT 1 Clearing and Grubbing LS 1 $20,000.00 $20,000.00 1M Miscellaneous Additional Work LS 1 $25,000.00 $25,000.00 2 Grading LS 1 $20,000.00 $20,000.00 2M Miscellaneous Earth Excavation CY 75 $50.00 $3,750.00 5R Rock Removal CY 25 $300.00 $7,500.00 20SW-5" Furnish & Install new Concrete Sidewalk SF 2400 $18.00 $43,200.00 20SW-7" Furnish & Install new Concrete Apron SF 876 $20.00 $17,520.00 25GC Remove Existing and Furnish & Install Granite LF 830 $70.00 $58,100.00 Curb 39 Furnish & Install Crushed Stone or Gravel CY 75 $50.00 $3,750.00 44HMA- Furnish and Install 8" NYSDOT Item 304.05 CY 15 $150.00 $2,250.00 Subbase Subbase course 44HMA- Furnish & Install Hot Mix 4" Asphaltic Binder TN 15 $200.00 $3,000.00 Binder Course 51AHMA Furnish & Install 2" Top course TN 7 $250.00 $1,750.00 Total $205,820.00 Total+10% contingency $226,402.00 c � t a \ rq K OW. : 1;' ,7.,,:<- , . A'.',.''..r:.'llr'''''..-.4; ' - .''''''.."'1"..':".'-- . .'... ; . 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AL,k-IVQ,,A,,,A,ANa 41C.-)4tIAS /12 • 007.777371 C7'7H(MK EIN..11.LAIN raf,,Or 0 2.20 qmo.oq ories-arrotrer I r Hickory Grove Sidewalk Improvements 26' Wide Road- Budget Estimate FINAL BID: $245,854.10 ITEM NO. DESCRIPTION UNIT QUANTITY UNIT ESTIMATED PRICE AMOUNT 1 Clearing and Grubbing LS 1 $22,000.00 $22,000.00 1M Miscellaneous Additional Work LS 1 $25,000.00 $25,000.00 2 Grading LS 1 $22,000.00 $22,000.00 2M Miscellaneous Earth Excavation CY 75 $50.00 $3,750.00 5R Rock Removal CY 25 $300.00 $7,500.00 20SW-5" Furnish&Install new Concrete Sidewalk SF 2400 $18.00 $43,200.00 20SW-7" Furnish& Install new Concrete Apron SF 876 $20.00 $17,520.00 25GC Remove Existing and Furnish& Install Granite LF 830 $70.00 $58,100.00 Curb 39 Furnish&Install Crushed Stone or Gravel CY 75 $50.00 $3,750.00 44HMA- Furnish& Install 8"NYSDOT Item 304.05 CY 32 $150.00 $4,800.00 Subbase Subbase Course 44HMA- Furnish&Install Hot Mix 4"Asphaltic Binder TN 31 $200.00 $6,200.00 Binder Course 51AHMA Furnish&Install 2"Top course TN 15 $250.00 $3,750.00 Total $217,570.00 Total+10%contingency $239,327.00 r 8 • tsl ill......._11.,.: , . (/) 0 ; ........,, . ,...,, , , . ! :,..,.......r'"--Br. ..- ,A,<;•; r... 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HICKORY GROVE DRIVE EAST I 2 TOWN OF MAMARONECK WESTCHESTER COUNTY, NEW YORK P.g I SITE PLAN 3/2/20 cadga pg%qc@Ogll @inglItrom@riing ... 1 / ANY A5102210.5 Cli RIOSOIS OF KY R.S.driltSS .5 ...—Ca— =IV MOM()IUO•AM ClIGMBONIMIZ.DMZ.P.O. oat BY OR BrOFR.OWN.CB.NYS r...F0 X° """ ' rir M7112 41.\11441F--.3. LQ0b1M0 Al.RAW3O.C.31E.,MC7 tio)4=16 / 2 ARO REGISIBRFO Dol.r11 MAI N.B.Tr..rS A • FF.._OS_— Mal.OF Rif NYS IDUCA11011 LAW Copyrrpnt 0)2020 fel.)n,-Matie Ac' LI , --iv, 'I.or,r-r•<'° '.; 1. -.• grmaal,„,, , ,,,. . •" HICKORiOROVE DR..BI,ST . .; ,..?' •,. .,..-.=.1 ' , ' .A. .-.• z • "r* ' • . _—.....ar—' 7 ,---- . ,?•• r„ '''.--7--- .•..-: "'` -'---, , -." . PI,... •.' .:4,11111/11"-AMIrja ".7-'...-,..0'°-A. • -• ''' 1. . • ;--- ,,,,,,' • - ,.4.-q--• ,,-4 <it p °°. • .1 " ''.t i .'--/'; ',' to c,./ 0,!."1.::. - -'6 - •., - Iv., -''' .1". '... V., ' I 4 cc4„;,i;lx•"ZI, ....,,,0", - , :1, 'r-i•'0°.',' .„ / 1.704P'"" ' •• ' ''./ ••••••.. .•,: . .=.--"_.,....0 .........- '•, ..„„.,... 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TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY, MAY 20, 2020 PURSUANT TO THE STATE'S SUSPENSION OF THE OPEN MEETINGS LAW, THE TOWN BOARD MEETING is airing live on LMCTV channel 76 Optimum, 35 Verizon/FiOS & the www.lmctv.org website: https://Imctv.org/live-meetings-on-Imcty/ 5:30PM THE TOWN BOARD WILL DISCUSS: 1 . Capital Project Schedule/Financing 2. Coronavirus Response - Review of Suspended Laws 3. Review - Peddler's Law 4. Sewer System Asset Management Program 5. Update - Hickory Grove Drive Sidewalk 6. New Business 7. Request for Executive Session 7:30PM CALL TO ORDER SUPERVISOR'S REPORT CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1 . Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1 . SEQR - Resolution Madison Avenue Improvement Project 2. Authorization - Bonding Resolutions 2020 Capital Projects 3. Set Public Hearings - Bonding Resolutions - Garbage District - Sewer District - Water District & Ambulance District 4. Set Public Hearing - Amendment to Peddler's Law 5. Set Public Hearing - Amendment to Rock Removal Law REPORT OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETING -June 3, 2020 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Town of Mamaroneck From: Tracy Yogman - Town Comptroller `i Re: Fire Claims Date: 05/20/2020 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 Bound Tree Medical, LLC Med Latex Free gloves Chatsworth Cleaners Uniform cleaning- March 2020 262.50 Fi reCompa n ies.Com Hosting and maintenance 21.24 Foley Hardware Supplies 209.97 Goosetown Depot repair- radio 17.99 Grainger Water nozzle 445.50 Home Depot Supplies 9.38 NYS Association of Fire Chief 2020 departmental renewal 77.65 Optimum Cable Services for 4/23-5/22/2020 175.00 Ready Refresh Water Cooler rental 3/19-4/18/2020 201.58 UniFirst Corp. Cleaning supplies 122.96 Verizon TMFD 300M Redundant Circuit 4/26-5/25/2020 270.98 20.98 WJWW 205 Weaver St. Charges 3/25/20-4/23/20 86.84 WJWW Water charges-sprinkler system 3/26-4/25/20 33.33 33.33 Total $ 2,353.69 s � o - f -Fp . Town of Mamaroneck �., z w ` R' Town Center •FOUNDED 1c51 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: 914/381-7810 OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 townadministrator@townofmamaroneck.org Memorandum To: Supervisor& Town Board Re: SEAR Resolution - Madison Avenue Green Infrastructure Project Date: May 15, 2020 As part of the planning for the Green Infrastructure to be installed as part of the Madison Avenue Improvements, the Town Board must adopt a SEAR resolution. Attached is a draft resolution in connection with the installation of the Green Infrastructure for storm water drainage. RECOMMENDED ACTION: THAT THE TOWN BOARD ADOPT THE ATTACHED SEQR RESOLUTION FOR THE MADISON AVENUE GREEN INFRASTRUCTURE PROJECT. Stephen V.Altieri Town Administrator RESOLUTION DETERMINING THAT THE MADISON AVENUE GREEN INFRASTRUCTURE PROJECT IS A TYPE II ACTION IN ACCORDANCE WITH THE STATE ENVIRONMENTAL QUALITY REVIEW ACT May 20, 2020 WHEREAS,the Town of Mamaroneck(the "Town") is proposing to construct the Madison Avenue Green Infrastructure Project consisting of green infrastructure practices that include curbside and median bio-retention areas and new asphalt pavement to redirect, capture and treat stormwater on Madison Avenue between 5th Avenue and Myrtle Boulevard and porous asphalt within the parking lot in the south east corner of the intersection of 5th Avenue and Madison Avenue owned by the Town, Westchester County,New York(the"Project"); and WHEREAS,Title 6 of the New York Code of Rules and Regulations (6 NYCRR) Section 617.5 under the State Environmental Quality Review Act(SEQR)provides that certain actions identified in subdivision(c)of that section are not subject to environmental review under the Environmental Conservation Law; NOW,THEREFORE, BE IT: RESOLVED that the Town Board hereby determines that the proposed Madison Avenue Green Infrastructure Project is a Type II action in accordance with 6 NYCRR Section 617.5(c)option 3 and 5 which constitutes the "retrofit of an existing structure and its appurtenant areas to incorporate green infrastructure"and"repaving of existing highways not involving the addition of new travel lanes", respectively, is therefore not subject to further review under 6 NYCRR Part 617. On the motion of , seconded by , it was adopted by the following vote: Ayes Nays 4136-8112-1292.02 43235-2-63 BOND RESOLUTION—ADDITIONAL MONEY At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County,New York, held at the Town Hall, in Mamaroneck, New York, in said Town, on the 20`h day of May, 2020, at :00 o'clock P.M., Prevailing Time. The meeting was called to order by , and upon roll being called, the following were present: PRESENT: ABSENT: The following resolution was offered by , who moved its adoption, seconded by , to-wit: BOND RESOLUTION DATED MAY 20, 2020. A RESOLUTION SUPPLEMENTING THE BOND RESOLUTION DATED FEBRUARY 20, 2020, TO AUTHORIZE, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF AN ADDITIONAL $384,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY A PORTION OF THE COST OF THE CONSTRUCTION OF IMPROVEMENTS TO HOMMOCKS ICE RINK, IN AND FOR SAID TOWN, AT A REVISED MAXIMUM ESTIMATED COST OF $1,753,000. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have any significant adverse impact on the environment; and WHEREAS, by a bond resolution dated February 20, 2020, the Town Board of the Town of Mamaroneck, Westchester County, New York, authorized the issuance of$1,238,000 serial bonds of said Town to pay part of the cost of the construction of improvements to Hommocks Ice Rink, including planning and design, and original furnishings, machinery, equipment, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, throughout and in and for said Town; and WHEREAS, it has now been determined to authorize additional financing for said capital project;NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The construction of improvements to Hommocks Ice Rink, including planning and design, and original furnishings, machinery, equipment, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, in and for said Town of Mamaroneck, Westchester County, New York, is hereby authorized at a revised maximum estimated cost of$1,753,000. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is as follows: a) by the issuance of the $1,238,000 bonds of said Town authorized to be issued pursuant to the aforesaid bond resolution dated and duly adopted on February 20, 2020; b) by the expenditure of$75,000 other monies authorized to be expended pursuant to said bond resolution dated and duly authorized February 20, 2020; c) by the expenditure of an additional $56,000 other monies hereby appropriated therefor; and d) by the issuance of an additional $384,000 bonds of said Town hereby authorized to be issued therefor, pursuant to the provisions of the Local Finance Law, SUBJECT TO PERMISSIVE REFERENDUM. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations therefor, pursuant to the bond resolution dated and duly adopted on February 20, 2020. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on -2- such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such -3- form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money,or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action,suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. * * * * * The question of the adoption of the foregoing resolution was duly put to a vote on roll call,which resulted as follows: -4- VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. * * * * * * -5- 4136-2387-8692.01 43235-2-63 BOND RESOLUTION (Permissive Referendum) At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County,New York, held at the Town Hall, in Mamaroneck, New York, in said Town, on the 20th day of May,2020 at o'clock .M., Prevailing Time. The meeting was called to order by , and upon roll being called, the following were PRESENT: ABSENT: The following resolution was offered by Councilman , who moved its adoption, seconded by Councilman , to-wit: BOND RESOLUTION DATED MAY 20, 2020. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE PURCHASE OF A DUMP TRUCK, FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $270,000 AND AUTHORIZING THE ISSUANCE OF $270,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment;NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase of a dump truck, for the Town of Mamaroneck, Westchester County, New York, including incidental equipment and expenses in connection therewith, is hereby authorized at a maximum estimated cost of$270,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of$270,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, -2- place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action,suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. -3- The question of the adoption of the foregoing resolution was duly put to a vote on roll call,which resulted as follows: VOTING VOTING VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. * * * * * * -4- 4161-0607-8479.01 43235-2-43 At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York on May 20, 2020, at o'clock .M., Prevailing Time. PRESENT: Supervisor Councilman Councilman Councilman Councilman In the Matter of ORDER The Increase and Improvement of the Facilities CALLING of Town of Mamaroneck Ambulance District, in PUBLIC the Town of Mamaroneck, Westchester County, HEARING New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Town of Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, New York, being the reconstruction and improvements to the heating, ventilation and air conditioning at the Larchmont/Mamaroneck Ambulance Corp. building, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of$114,500; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, said regulations provide will not result in a significant environmental adverse effect; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Town of Mamaroneck Ambulance District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A public hearing will be held at the Town Hall, in Mamaroneck, New York, in said Town, on June , 2020, at o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Town of Mamaroneck Ambulance District, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the and the , the official newspapers, and also to cause a copy thereof to be posted on the sign board of the Town, such -2- publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING The order was thereupon declared duly adopted. * * * * * * * -3- 4156-5352-1932.01 43235-2-New At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York on May 20, 2020, at o'clock P.M., Prevailing Time. PRESENT: Supervisor Councilman Councilman Councilman Councilman In the Matter of ORDER The Increase and Improvement of the Facilities CALLING of the Garbage District No. 1, in the Town of PUBLIC Mamaroneck, Westchester County,New York HEARING WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York (the "Garbage District"), being the purchase of a new 20 yard refuse collection vehicle, including incidental equipment and expenses in connection therewith,at a maximum estimated cost of$160,000; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed, it has been determined will not result in a significant environmental effect; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Garbage District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law;NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A public hearing will be held in the Town Hall, in Mamaroneck , New York, in said Town, on June , 2020, at o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of the Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. -2- Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. -3- The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING The Order was thereupon declared duly adopted. * * * * * * * -4- 4157-1886-7236.01 43235-2-New At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York on May 20, 2020, at o'clock P.M., Prevailing Time. PRESENT: Supervisor Councilman Councilman Councilman Councilman In the Matter of ORDER The Increase and Improvement of the Facilities CALLING of the Sewer District No. 1, in the Town of PUBLIC Mamaroneck, Westchester County,New York HEARING WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Sewer District No. 1, in the Town of Mamaroneck, Westchester County, New York (the "Sewer District No. 1"), being the Town's portion of the purchase of a sewer camera truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$84,350; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed, as such will not result in a significant environmental adverse effect; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Sewer District No. 1, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law;NOW,THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A public hearing will be held in the Town Hall, in Mamaroneck , New York, in said Town, on June , 2020, at o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Sewer District No. 1, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. -2- Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. -3- The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING The Order was thereupon declared duly adopted. * * * * * * * -4- 4162-3188-4068.01 43235-2-New At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York on May 20, 2020, at o'clock P.M., Prevailing Time. PRESENT: Supervisor Councilman Councilman Councilman Councilman In the Matter of ORDER The Increase and Improvement of the Facilities CALLING of the Water District No. 1, in the Town of PUBLIC Mamaroneck, Westchester County,New York HEARING WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Water District No. 1, in the Town of Mamaroneck, Westchester County, New York (the "Water District"), consisting of the Town's share of the cost of the following Westchester Joint Water Works projects: a)the rehabilitation of a 750,000 gallon elevated hydropillar water storage tank, consisting of the replacement of the ladder and climb systems, venting system upgrade and relocation and upgrade of tank lighting system with LED lights ($576,000), and 2) improvements to the Rye Lake Filtration Facility, consisting of the construction of a 30 MGD (expandable to 40 MGD) filtration plant ($1,152,000), in each case including incidental improvements, equipment and expenses in connection therewith, at an aggregate maximum estimated cost of$1,728,000; and WHEREAS, said capital projects have been determined to be Type II Actions pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed, it has been determined will not result in a significant environmental adverse effect; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Water District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law;NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A public hearing will be held in the Town Hall, in Mamaroneck , New York, in said Town, on June , 2020, at o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of the Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. -2- Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. -3- The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING The Order was thereupon declared duly adopted. * * * * * * * -4- '17 O 9 ° Town of Mamaroneck w C. z m County of Westchester OIL 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Stephen V. Alfieri, Town Administrator Christina Battalia, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Rock Removal Date: May 15,2020 I attach a proposed revision to the current law on mechanical rock removal. With one exception, the law is identical to April 3, 2020 version that the Town Board has seen. The one exception is in the definition of"Rock". If the Town Board considers this proposed law worthy of public discussion, it may set a public hearing and after the hearing is closed, decide whether to enact it. 4111 elL iot Printed on Recycled Paper Local Law No. -2020 This local law shall be known as the "2020 Revision of the Mechanical Rock Removal" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: The Town Board continues to monitor the impact of mechanical rock removal upon the health, safety and welfare of the Town's residents with a goal of balancing people's right to develop their properties with a neighborhood's right to tranquility,to the extent possible. Among the concerns that have arisen are the need to mitigate the spread of dust and other particulates during both the hammering of rock and its removal from the site, and the need to decrease the number of hours per day when mechanical rock removal may take place. Another concern is that on those occasions when the rock to be removed is more difficult to break than could have been reasonably anticipated or when there are mechanical difficulties in the operation, the developer must redouble its efforts since the 15-day life span of a rock removal permit continues unabated. This additional effort has created situations where disturbance to peace and quiet is exacerbated. The disruption in everyday life should be decreased if a developer is permitted to suspend the rock removal permit in order to replace broken equipment, adjust to weather conditions, or to utilize different modes for removing rock,such as drilling before hammering,while still allowing only 15 working days of mechanical rock removal. This revision in the law furthers the goal. Section 2—Amendment of a current section of the Mamaroneck Code: Section 106-58.1 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §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, 7 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 Naturally occurring stone. "Rock" does not include 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 2 Pt commencement of rock removal contained in the notice to neighbors described in §106- 58.1 G and the forty-fifth(45th)calendar 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 forty-fifth (45th) calendar 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. 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. 3 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]. Although this period is forty five (45) 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 4 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. 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, 5 [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). 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. 6 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. Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. May 15,2020 7