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HomeMy WebLinkAbout2020_08_19 Town Board Meeting Packet 713 LU ? m h- x •FOUNDED 1661 • TOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, August 19, 2020 TOWN BOARD MEETING CABLE VIEWING INFORMATION 4:30PM THE TOWN BOARD WILL CONVENE IN CONFERENCE ROOM A TO DISCUSS: 1. Leaf Blower Law 2. Proposed Delinquent Tax Law 3. Rock Removal 4. Amendment - Drone Law 5. Task Force Update 6. Financial Update 7. Request for Executive Session 8. New Business 8:15PM CALL TO ORDER -ZOOM SUPERVISOR'S REPORT PUBLIC HEARING 1. 2020 Revision of the Mechanical Rock Removal Law CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1 Request approval to renew the grant for Title III C Nutrition Services Contract for the Senior Center Nutrition Site and Home-Delivered Meals for calendar year 2020 2. Authorization- 2020 Capital Budget Amendment- Water District Project 3. 2020/21 School Tax Warrant 4. Set Public Hearing - Amendment Drone Law 5. Sewer IMA - Village of Mamaroneck 6. Resolution - Adopting New NYS Record Retention Schedule LGS-1 7. Authorization- Recreation Department Software Upgrade and Budget Amendment 8. Resolution - Retirement Reporting - Elected & Appointed Officials 9. Authorization - MOU Westchester Power 10. Authorization to Appoint an Assistant Court Clerk REPORT OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETINGS - September 9, 2020 & September 23, 2020 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. ToM Leaf Blower Regulation 2020.0710—Next Steps TOWN OF MAMARONECK SUSTAINABILITY COLLABORAITVE 2020.0710 TO; TOWN OF MAMARONECK BOARD,SUPERVISOR&ADMINISTRATOR FROM: ToM Sustainability Collaborative RE: ToM LEAF BLOWER REGULATION—NEXT STEPS The Sustainability Collaborative,after several meetings during which Environmental Health, Healthy Yard Care and Leaf Blowers were discussed, proposes the following Leaf Blower Regulation Next Steps in order to advance Health, Sustainability and the Quality of Life. Background The Town Board began regulating leaf blower use periods in 1996. Leaf Blowers have been a concern of the Collaborative since 2014. Collaborative members have engaged with the Town on a number of occasions regarding the air pollution,noise and safety issues arising from leaf blower use.The Town Board has been active in this area, passing legislation in 2017 which strengthened the existing law's provisions and created a more effective schedule of fines. During 2018,the Collaborative worked with the Larchmont Environmental Committee (LEC) and the Village of Mamaroneck's Committee for the Environment (CFTE)to harmonize regulations across all three municipalities. Harmonized regulations will reduce confusion amongst homeowners and landscapers, as well as clarify and simplify enforcement responsibilities by local governments. New Regulation and the present Health Crisis The present health crisis gives all three communities—the Town,VoM and Vol—the opportunity to harmonize regulations while better safeguarding the health and safety of young children,older adults and those with compromised immune systems,all of whom are at risk from airborne contaminants.The Collaborative applauds the Board for creating the leaf blower ban earlier this year; now is the time to translate that effort into improved regulations. The Village of Larchmont is considering a revised Leaf Blower regulation sponsored by the Larchmont Environmental Committee(LEC). Currently before the VoL Trustees,with a vote possible this summer,the proposal's key points are: • Annual Registration and permitting for all landscaping firms active in the community • Require local government departments and their contractors follow the same rules which apply to private property owners • Adjust the schedule of fines to match those adopted by the Town of Mamaroneck • Create a two-year"work-in period"for the elimination of gas-powered leaf blowers (2020&2021) • Ban all gas-powered leaf blowers as of January 1, 2022 • Restrict electric leaf blower use to the "heavy leaf fall" part of the year(LEC proposed November-December) • For violations,ticket BOTH the landscapers and the property owners 1 Page 3 of 113 ToM Leaf Blower Regulation 2020.0710—Next Steps Recommendations for the Town of Mamaroneck The Collaborative makes the following recommendations to the Town Board: • Participate in a Tri-municipal effort to harmonize laws, creating an easy-to-understand regulatory environment for landscapers • Strengthen existing laws to advance Environmental Health and Quality of Life • Require that Private Contractors,Clubs, Houses of Worship, Schools and Town Departments follow the same rules as homeowners& landscapers • Move toward elimination over time of gas-powered leaf blowers, and restrict the timeframes during which electric leaf blowers can be used, and • If possible, move toward reducing homeowner tax burden by reducing the volume of Town-collected yard waste, and/or initiating user fees for yard waste disposal outside of specified time periods Outreach& Education to both landscapers and homeowners is essential to achieving the Town's goals.The new legislation should include: • Annual registration of all landscape companies in ToM for ease of communication,assistance in addressing workplace safety, health issues&education on new ways of working • As part of the registration process,annual mandatory education and training for landscapers, including demonstrations of electric leaf blower, mulching mower, raking and other approaches for utilizing fallen leaves to improve the quality of the soil and overall vitality of the property. • Outreach&education to homeowners& property owners (including multi-family,clubs&commercial)on why the new regulations are important and how property owners can help with the transition Regulatory Specifics should include: • Create a"ramp up" period in any new regulation • Initially, restrict gas-powered leaf blowers to the"heavy leaf season",October 1—December 15,as well as one-week clean-up periods after major storms • Phase out gas-powered leaf blower use over a three-year period(2020—2022) • Starting in January 2023, no gas-powered leaf blowers will be permitted (only electric leaf blowers allowed) • Initially, restrict electric leaf blowers to March 15—May 15 and October 1—December 15 • Introduce tax-saving leaf blower alternatives (mulching, raking, reduced street pick-up periods, pay-as-you- throw) • Progressively restrict timeframes for Town pick-up(2020—2022) • Starting January 2023,electric leaf blowers will be permitted only October 1 to December 15, as well as a one-week clean-up period after major storms Enforcement provisions should include: • Maintain the Town's current violation values, apply to the new regulations • Violations to be issued to BOTH the landscaper and the property owner(for first offenses to any property,a fine issued to the landscaper but a warning only to the property owner) The recommendations outlined above can work in the Town, and recognize the Town's varied geography and wide range of residential lot sizes. The phase-in period will give everyone time to adjust to the new regulations. Registration of landscapers will assist the Town in compliance as well as assist the landscapers in adjusting to the new regulations while they improve the health and safety of their employees (and residents!). Residents, 2 Paae 4 of 113 ToM Leaf Blower Regulation 2020.0710—Next Steps especially children,older adults and those with compromised immune systems,will benefit from improved air quality,reduced particulates in the air,and reduced noise. The Collaborative is ready to discuss these recommendations in detail at any time and to answer any questions the Board might have. Respectfully submitted: TOWN OF MAMARONECK SUSTAINABILITY COLLABORATIVE y'eorge 2?onWer Xaren Xaor frank Owens .Arlene 9/ovicfi ..31arkXramer Beta 2?aaow .Marc Karell June vai7aca Steve.Moser Mita y'reen, Clair June 10,2020 3 Page 5 of 113 !Odierna, Sue From: Altieri, Stephen Sent: Friday, July 17, 2020 6:07 PM To: Odierna, Sue; Seligson, Nancy Subject RE: [EXTERNAL] Fwd: Leaf Blowers Mitch Not sure how Nancy feels about this but I think we need a little more time to discuss this with the Town Board. Our July 15 work session was just too large to include leaf blowers. But we could certainly try to add it to our August 19 agenda. Regarding the registering of landscapers,; if I am understanding you correctly the Village wants the Town to do this for both communities? Not sure how that would work. Steve From:Odierna, Sue<SOdierna@TownofMamaroneckNY.org> Sent: Friday,July 17,2020 1:32 PM To:Altieri,Stephen<SVAltieri@TownofMamaroneckNY.org>;Seligson, Nancy<Supervisor@TownofMamaroneckNY.org> Subject: FW: [EXTERNAL] Fwd: Leaf Blowers Did you both see this from Mitch? Sounds like he'd like a response prior to Monday evening's VoL Board meeting. —sue From:Green, Mitch <Mitch.Green@aecom.com> Sent:Thursday,July 16, 2020 6:59 AM To:Seligson, Nancy<Supervisor@TownofMamaroneckNY.org>;Altieri,Stephen <SVAltieri@TownofMamaroneckNY.org>;Odierna, Sue<SOdierna@TownofMamaroneckNY.org> Subject: Fwd: [EXTERNAL] Fwd: Leaf Blowers Dear Nancy and Steve Good morning. I hope everyone is well. Please see Kristin's email below concerning VoL leaf blower legislation. It appears that some friendly coordination and consultation between ToM and VoL is in order Although I haven't seen the draft law, issues of concern for the joint sanitation commission may include VoL proposing to ban gas leaf blowers after 2021, only one more gardening season, which will be a hardship for landscapers and homeowners VoL wishing to register landscapers, which the Collab supports, but wanting to export that effort to ToM VoL may be proposing dates that do not follow Steve A's advice about an October start and allowance for one- week cleanup periods after major storms In response to Kristin's email, the Collab is willing to write a follow-up letter, but since some of this is creating inter-municipal conflict that doesn't need to happen, maybe the Sanitation Commission, which picks up leaves, is a good avenue to promote a little bit of delay so that harmonization if regulations can occur? Let me know ASAP what the Collab can do Thank you Mitch Green First Vice President Tishman Construction Corporation M: 1-914-320-9440 Mitch.green@aecom.com 1 Page 6 of 113 From: Kristin Andersen<kristin.andersent bejjani.com> Sent:Thursday,July 16, 2020 12:50:38 AM To:Green, Mitch <Mitch.Green@aecom.com> Cc: McDonald Lisa<Icbmcdonald@gmail.com> Subject: [EXTERNAL] Fwd: Leaf Blowers Hello Mitch, Here's a quick update on leaf blowers-- We have been told that the VOL attorney will be presenting leaf blower draft code at the BOT Zoom July public meeting this Monday, July 20, at 7:30pm. The agenda usually goes up on the Thursday or Friday before, so we can check later this week. The BOT did receive your email. Our trustee liaison Sarah Bauer said our trustees were gratified to see that the TOM Collab supports the LEC proposal and intends to recommend a similar proposal to the TOM board. There is one area where you could help. The VOL BOT is concerned that a landscaper registration process would be an added burden on our already overworked clerks, a burden that may not be justified in terms of added value. We have emphasized that it will be very hard for the LEC to assist in a smooth transition away from gas-powered leaf blowers, and transitions to other green practices, if we have no fast, cheap and reliable way to communicate with landscape companies. The current method, sending out mailings to an outdated list, is woefully deficient. We have seen in your own proposal that you and the Collab agree with us on the importance of landscaper registration, and have recommend the same for TOM. Perhaps we could make one landscaper registration for TOM, VOM, and LEC. That would make it easier for the communities and the landscapers. It could start simply as a Google Form asking for landscaper name, phone number, email, address, company name, number of employees, valid and current county home improvement license, as well as registration and insurance cards for every vehicle used. The collected data could be formatted as a spreadsheet. Then the spreadsheet could be available to the administrators, environmental committee members, and police of all three municipalities At a later point we could consider adding functions as necessary such as confirming information, collecting fees, and issuing registration papers, stickers or tags. If we want to add such features, it might be best if the registration is hosted by TOM, since TOM has more staff. The basic registration would be relatively easy to build, and would not really involve any work by any administration, either in set up or processing. But additional features may involve some administrative processing. Would you be willing to support such a consolidated landscaper registration? Would you be willing to also support TOM hosting the registration? Your support could really help us in getting the registration part of the proposal passed. Thanks for your interest and your help, Kristin and Lisa P.S. Please see previous email re 5G Kristin: Good morning! 2 Page 7of 113 A couple of questions: --Did the Trustees get the Collab's Leaf Blower Letter?have you heard? Are leaf blowers on the Trustee agenda any time soon? Have you heard anything about what the Trustees are thinking? Anything we can do to help? And BTW, let's work closely together on the 5G thing. We can't let emotions get in the way of creating a good ordinance that works for VOL, TOM and VOM Maybe our best bet is to create a Process that forces the telecoms to be transparent, precise, and requires yearly re- certification Thanks Mitch 3 Pape 8 of 113 Fa, O y . Town of Mamaroneck )-"1-: , County of Westchester 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakerJrt(TownofMamaroneckNY.org MEMORANDUM To: Stephen V. Alfieri, Town Administrator cc: Christina Battalia, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Local law regarding installment agreements for delinquent taxes Date: July 24, 2020 I attach a proposed law which, if enacted, will extend the length of installment agreements for back taxes to a maximum of thirty-six months. The logic for the amendment appears in the Purpose clause of the proposed law. Since the amendment simply substitutes some terms for others,I attach the current law to aid the reviewer. I suggest that this proposal be placed on an upcoming Town Board work session. i, Printed on Recycled Paper Paae 9 of 113 Local Law No. -2020 This local law shall be known as the "Increasing the Installment Period for Paying Delinquent Taxes" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1— Purpose: Section 1184 of the Real Property Tax Law authorizes a local government to adopt a local law allowing delinquent taxes to be paid in installments. In 1996, the Town availed itself of that authority by adding article V to chapter 195 of the Town Code. Section 1184 limited the installment period to 24 months until September of 2019 when an amendment to that law extended the maximum installment period to thirty-six months. The purpose of this local law is to conform the Town code to the state statute. It is hoped that since the additional twelve months will lower the installment payment, taxpayers who cannot meet a twenty-four month amortization schedule may now be able to enter into and keep up with installment agreements to pay off their back taxes. Section 2—Amendment of a current section of the Mamaroneck Code: Section 195-15 of the Code of the Town of Mamaroneck hereby is amended by deleting the number and word "24 months" and substituting the words "thirty-six months" in their place. Section 2—Amendment of a current section of the Mamaroneck Code: Section 195-18 of the Code of the Town of Mamaroneck hereby is amended by deleting the number and word "24 months" and substituting the words "thirty-six months" in their place. Section 4—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. Page 10 of 113 Questions about eCode36o? Municipal users Join us daily between ipm and ipm [Adopted 6-19-1996 by L.L.No. 13-1996] § 195-15 Purpose. The purpose of this article is to authorize the payment of eligible delinquent taxes in installments of up to 24 months. § 195-16 Definitions. As used in this article,the following terms shall have the meanings indicated: ELIGIBLE DELINQUENT TAXES The delinquent taxes, including interest, penalties and other charges, which have accrued against a parcel as of the date on which an installment agreement is executed. ELIGIBLE OWNER An owner of real property who is eligible to or has entered into an installment agreement. INSTALLMENT AGREEMENT A written agreement between an eligible owner and the Receiver of Taxes providing for the payment of eligible delinquent taxes in installments pursuant to the provisions of§1184 of the Real Property Tax Law and this article. § 195-17 Authorization to enter into installment agreements. The Town Board of the Town of Mamaroneck is authorized to enter into an installment agreement providing for the payment of eligible delinquent taxes in installments with property owners. Such installment payment of eligible delinquent taxes shall commence upon the signing of an agreement between the Receiver of Taxes and the eligible owner.The agreement shall be kept on file in the office of the Receiver of Taxes. § 195-18 Terms and conditions. A. The maximum term of the installment agreement shall be 24 months. B. The payment schedule shall be monthly,bimonthly,quarterly or semiannually. C. The required initial down payment,if any,shall not exceed 25%of the eligible delinquent taxes. D. Eligible properties shall include all properties within the Town of Mamaroneck. § 195-19 Eligibility. A property owner shall not be eligible to enter into an agreement pursuant to§ 1184 of the Real Property Tax Law and this article where: A. There is a delinquent tax lien on the same property for which the application is made or on another property owned by such person and such delinquent tax lien is not eligible to be made part of the agreement pursuant to §1184 of the Real Property Tax Law and this article; B. Such person is the owner of another parcel within the Town on which there is a delinquent tax lien, unless such delinquent tax lien is eligible to be and is made part of the agreement pursuant to§1184 of the Real Property Tax Law and this article; C. Such person was the owner of property on which there existed a delinquent tax lien and which lien was foreclosed within three years of the date on which an application is made to execute an agreement pursuant to §1184 of the Real Property Tax Law and this article;or Page 11 of 113 O 9 ' S� y 0 Town of Mamaroneck . x - • Mo County of Westchester ' 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 W MakerJr®TownofMamaroneck NY.org MEMORANDUM To: Members of the Town Board cc: Stephen V. Altieri, Town Administrator Christina Battalia, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Rock Removal Date: July 24, 2020 I revised the version of the proposed local law that the Town Board discussed at its public hearing on July 15, 2020. I attach both a redlined version showing the changes and a'clean copy' of the revision. The revisions consist of: • The amendment of section 106-58.1 C. to make it clear that even if the Building Inspector permits rock removal for more than 15 days, those additional days must fall within the 45-day period during which the permit allows removal of rock by mechanical means. • The elimination of an extension of rock removal by mechanical means beyond the allotted 180 days (see section 106-58.1 E.). • Adding an explanation for a survey (see section 106-58.1 G [a] and [b]). • The removal of the first sentence in section 106-58.1 L. The permitted hours for mechanical rock removal is now a defined term (see section 106-58.1 A.), making this sentence redundant. Finally, the revision continues to have two possible effective dates. If the Town Board chooses to pass this law, it can decide on changing to a single effective date at the time of the vote. af �t t / A� Printed on Recycled Paper Page 12 of 113 REDLINED J ocal 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 Page 13 of 113 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. PERMITTED HOURS The seven hours between 9:00 a.m. (prevailing time)and 4:00 p.m. (prevailing time), except in those situations where section 106-58.1 L governs the time allowed for rock removal. 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 2 Page 14 of 113 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 during permitted hours and 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 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 allow rock tQ be removed pursuant to a rock removal permit byf!l up to five additional 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;however, under no circumstances shall rock removal pursuant to a rock removal permit be allowed more than forty-five(45)calendar days after the date specified for the commencement of rock removal contained in the notice to neighbors described in§106-58.1 G. 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. 3 Page 15 of 113 E. For the construction of original infrastructure, rock removal shall be allowed only during permitted hours and 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 GJ . - - : . ' . - - - .• . . . . e' - . . . . : - .. . . _ . .- • - .. . 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]. 4 Page 16 of 113 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 of the survey is to establish the physical condition of the structures on your property before rock removal begins so that you may 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 5 Page 17 of 113 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 establish the physical condition of the structures on your property before rock removal begins so that you may 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. ' : _ .• _ - - - : : . .:!! -: - .. . _ . - . .• • - • - - _ . 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). 6 Pape 18 of 113 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 that 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. Section 3-Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4-Effective Date: This Local Law shall become effective upon the later of its filing with the Secretary of State or the end of the state of emergency declared by the Supervisor in response to the COVID-10 pandemic. julype 1924,2020 7 Page 19 of 113 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, Page 20 of 113 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. PERMITTED HOURS The seven hours between 9:00 a.m. (prevailing time)and 4:00 p.m. (prevailing time), except in those situations where section 106-58.1 L governs the time allowed for rock removal. 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 2 Page 21 of 113 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 during permitted hours and 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 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 allow rock to be removed pursuant to a rock removal permit for up to five additional 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; however, under no circumstances shall rock removal pursuant to a rock removal permit be allowed more than forty-five (45) calendar days after the date specified for the commencement of rock removal contained in the notice to neighbors described in§106-58.1 G. 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 during permitted hours and only for the 180 days(not including Saturdays,Sundays and public 3 Page 22 of 113 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. 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 shares either 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 4 Page 23 of 113 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 establish the physical condition of the structures on your property before rock removal begins so that you may 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 establish the physical condition of the structures on your property before rock 5 Page 24 of 113 removal begins so that you may 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. 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 6 Page 25 of 113 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 that 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. Section 3-Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4-Effective Date: This Local Law shall become effective upon the later of its filing with the Secretary of State or the end of the state of emergency declared by the Supervisor in response to the COVID-10 pandemic. July 24,2020 7 Page 26 of 113 Please put the email below in packet for rock removal discussion. Thank you. Nancy From: Eney,Jaine<JElkindEney@TownofMamaroneckNY.org> Sent:Thursday,July 23, 2020 2:39 PM To:Seligson, Nancy<Supervisor@TownofMamaroneckNY.org> Subject: Fw:Comments on Rock Removal Law Dear Nancy: See comments below from Maurizio Bertini of CZMC regarding the proposed rock removal law Jaine From:Aitchison, Elizabeth<EAitchison@TownofMamaroneckNY.org> Sent:Thursday,July 23, 2020 1:56 PM To: Eney,Jaine<JElkindEney@TownofMamaroneckNY.org> Subject: Comments on Rock Removal Law Hi Jaine, I received these comments from Maurizio Bertini. (He told me that PM means particulate matter. I wasn't sure, so I asked him.) Talk to you soon, Liz Please update your address book with my new last name and email address: Elizabeth Aitchison (formerly Elizabeth Paul) Environmental Planner EAitchison@townofmamaronecknv.org Town of Mamaroneck Conservation Department 740 W. Boston Post Road Mamaroneck, NY 10543 (914) 381-7845 From: maurizio bertini<mbertinim@gmail.com> Sent:Tuesday,July 21, 2020 12:05 PM To:Aitchison, Elizabeth<EAitchison@TownofMamaroneckNY.org> Subject: Re: Meeting for July Cancelled Hi Liz, I hope all is well with you and your family. I had a look at the new rule for rock excavation and I thought that a good idea to limit dust exposure during the allowed time would be to require the contractors to use air monitors. Usually you use two of them one upwind and one downwind. Although it might add to the cost (the PM machine is not awfully expensive to rent), it would give peace of mind to the neighbors and at the same time it could make an argument for the contractor if asking for an extension. A well maintained record that limits were not exceeded could show good faith on the contractor side. This is just an idea but this machines are always used in brownfield cleanups to show the community that they are not being exposed to PM and other pollutants, Let me know your thoughts on this. Thank you Maurizio On Tue, Jul 21, 2020 at 10:02 AM Aitchison, Elizabeth <EAitchison@townofmamaronecknv.org> wrote: Hi everyone, The July 27`h CZMC meeting is cancelled. We have no referrals this month. The next meeting will be held on August 17`h if necessary. Save the date although I am not sure if we are meeting in person or via zoom. I hope zoom. Be well, Liz O y 2 � 7 ° ° Town of Mamaroneck m County of Westchester 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakerJr@TownotMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Stephen V. Altieri, Town Administrator Christina Battalia, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: "Drone law" Date: July 31, 2020 On March 4, 2020, the Town Board created a new law prohibiting the flying of remotely controlled aircraft within two miles of the Winged Foot Golf Club prior to and during the 2020 US Open golf tournament. Due to the pandemic, the dates for the tournament were moved from June to September, rendering the current "anti-drone" law ineffective since the current law does not prohibit flying drones in September. The attached proposed law synchronizes the dates of prohibition with the dates of the tournament. 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. 41 i, Printed on Recycled Paper Paae 28 of 113 Local Law No. -2020 This local law shall be known as the `Prohibition on Flying Drones near the Winged Golf Club for ten days during September of 2020" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose, Prior to the outbreak of the COVID-19 pandemic, the Winged Foot Golf Club was to host the 2020 US Open golf championship in June of 2020.For security reasons, the Town Board passed a local law prohibiting remotely controlled flying aircraft from flying within two miles of the Club grounds prior to and during the tournament with the exception of such aircraft to be flown by enterprises, such as television networks, that need to fly drones in connection with their performance under contracts they have with the Winged Foot Golf Club and/or the United States Golf Association. Due to the pandemic, the tournament was pushed back to mid-September 2020.This local law amends the existing law on remotely controlled flying aircraft by moving the dates of the prohibition to the ten days in September mentioned below. Section 2-Amendment of an existing section of the Mamaroneck Code: Section 122-8 of the Code of the Town of Mamaroneck hereby is repealed and replaced by the following: §122-8 Remotely Controlled Aircraft Prohibited within Certain Air Space during ten particular days in September of 2020. A. From September 12, 2020 to September, 21 2020, it shall be unlawful for any person to operate an unmanned aircraft, or cause an unmanned aircraft to take off, land or fly within two miles of the perimeter of the property owned by the Winged Foot Holding Corp. or the Winged Foot Golf Club, Inc. and designated on the Tax Assessment Map of the Town of Mamaroneck as Section/Blocks/Lots: 3-40-204.1, 3-44-99, 3-45-1.4, 3-45-1.5, 3-45-1.7, 346-1.1, 3-46-1.2, 3-47-1../1, Page 29 of 113 3-47-1 ../2 and 3-47-1.2. For the purpose of this section, the term "unmanned aircraft" means a device, commonly referred to as a 'drone', that is designed to navigate in the air without a pilot onboard, or an aircraft that is operated without intervention by a human within the aircraft. B. This section shall not apply to those enterprises with whom either the Winged Foot Golf Club or the United States Golf Association will or have contracted to perform services in connection with the 2020 US Open golf championship and whose names appear on a certification given to the Town by either the Winged Foot Golf Club or the United States Golf Association that is received by the Town Administrator on or before September 11, 2020. 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. July 31,2020 Page 30 of 113 o� �9 o= 3. TOWN OF MAMARONECK x OFFICE OF TOWN COMPTROLLER FOUNDEL)isel TO: SUPERVISOR AND TOWN BOARD MEMBERS FROM: STEVE ALTIERI — TOWN ADMINISTRATOR TRACY YOGMAN- TOWN COMPTROLLER RE: FISCAL YEAR 2020 BUDGET PROJECTION UPDATE DATE: AUGUST 19, 2020 The Town's financial performance for the first seven months of the year are provided below by fund, compared to 2019 for the same period and includes an updated budget projection. The budget projection is consistent with the projection previously provided in June 2020 and has improved slightly. Although services are slowly beginning to reopen, many of the Town's programs including summer camps, outdoor park concerts, ice skating and summer recreation programs have been canceled. The pool has reopened with limited capacity in compliance with guidelines. At the same time, the most significant revenues the Town relies upon may not meet budget that includes sales tax and state aid revenue. As a result, the Town has instituted various cost saving measures as we anticipate the long term effects on the economy. What is not reflected in this report are the expenses from the recent Tropical Storm Isiais. We have estimated total expenses of $540,000 although we are still compiling information. The largest component of this estimate ($240,000) is for damage to the parks building and some of its contents. Other expenses include overtime, debris removal, fuel and other comparable expenses. Also, it is unclear whether there will be any State or Federal assistance for this storm. FINANCIAL SUMMARIES Overall, it is anticipated that fund balance of$933k will be utilized in total as compared to the budget of $2.8 million. The projection includes a savings to budget of $1.9 million as a result of conservative budget practices. The major contributors to this savings is outlined below the charts. The fund balances will remain in compliance with the fund balance policy with the exception of the Fire District. Paae 31 of 113 SUMMARY ALL FUNDS YTD/ 2020 Year-to-Date Year-to-Date Projected @ Budget Y/Y Budgt Budget 7/31/19 7/31/20 12/31/2020 Variance % % Revenues General Fund $ 12,093,519 $ 8,823,737 $ 7,002,549 $ 9,886,789 $ (2,206,730) -25% 58% Part Town 13,365,645 12,075,800 11,003,515 12,878,322 (487,323) -4% 82% Highway 5,543,475 5,303,619 5,243,194 5,492,582 (50,893) -1% 95% Fire 4,162,199 3,895,233 4,105,884 4,161,105 (1,094) 0% 99% Streetlighting 304,273 305,402 300,242 304,273 - 0% 99% Ambulance 1,559,624 1,266,317 1,064,428 1,393,379 (166,245) -13% 68% Garbage 2,200,103 2,209,993 2,170,956 2,200,103 - 0% 99% Sewer 571,324 159,946 81,762 525,000 (46,324) -29% 14% Water 532,643 511,287 244,984 823,725 291,082 57% 46% Total Revenues $ 40,332,805 $ 34,551,334 $ 31,217,514 $ 37,665,278 $ (2,667,527) -8% 93% Expenses General Fund $ 13,553,189 $ 7,140,130 $ 5,789,799 $ 10,962,270 $ 2,590,919 81% 81% Part Town 13,831,160 7,812,261 6,964,188 13,009,162 821,998 89% 94% Highway 5,543,475 3,332,825 2,782,301 5,062,497 480,978 83% 91% Fire 4,309,971 2,603,388 2,351,903 4,132,770 177,201 90% 96% Streetlighting 356,173 215,576 249,610 322,349 33,824 116% 91% Ambulance 1,562,516 898,880 818,262 1,431,810 130,706 91% 92% Garbage 2,200,103 1,296,594 1,219,430 2,055,453 144,650 94% 93% Sewer 571,324 111,071 105,611 486,331 84,993 95% 85% Water 1,253,803 _ 324,402 335,061 1,122,853 130,950 _ 103% 90% Total Expenses $ 43,181,714 $ 23,735,127 $ 20,616,165 $ 38,585,495 $ 4,596,218 87% 89% Use of Fund Balance $ (2,848,909) $ 10,816,208 $ 10,601,350 $ (920,217) $ 1,928,691 Projected Fund Balances Unrestricted Projected Fund Fund Balance @ Projected Projected Projected Net Balance @ % of FB Policy FUND 1/1/2020 Revenue Expenses Results 12/31/20 Appr Compliant General Fund $ 6,021,170 $ 9,886,789 $ 10,962,270 $ (1,075,481) $ 4,945,689 37% Yes Part Town 4,962,924 12,878,322 13,009,162 (130,840) 4,832,084 35% Yes Highway 650,317 5,492,582 5,062,497 430,085 1,080,402 19% Yes Fire 322,225 4,161,105 4,132,770 28,335 350,560 8% No Streetlighting 79,773 304,273 322,349 (18,076) 61,697 17% Yes Ambulance 504,011 1,393,379 1,431,810 (38,431) 465,580 30% Yes Garbage 169,040 2,200,103 2,055,453 144,650 313,690 14% Yes Sewer 171,927 525,000 486,331 38,669 210,596 37% Yes Water 1,295,260 823,725 1,122,853 (299,128), 996,132 88% Yes Total $ 14,176,647 $ 37,665,278 $ 38,585,495 $ (920,217) $ 13,256,430 35% 2 Paae 32 of 113 REVENUES In total, revenues are collectively 8% lower in 2020 than 2019 for the first seven months of the fiscal year. It is anticipated that revenues will fall short of the $40.3 million budget by $2.6 million or 6.5% as a result of canceled programs, closure of the ice rink, sales tax, investment earnings and various other revenue shortfalls. However, there are significant expenses savings as a result as outlined below. Total revenues are projected to be $37.7m or $400k better than the June 2020 projection. The increase is attributable to higher projections for parking permit fees ($150k); recreation revenue ($100k), vehicle repair reimbursement ($40k) and ambulance fees ($100k). Tax Collection As of July 31st, the Town has collected 98.9% or $67.4m of the $68.2m of the County and Town tax levy. Approximately $400k or 76.4% has been collected from those taxpayers affected by the pandemic who met the eligibility requirements set by the County for an extension. Of those approved for a hardship, $134k or about 24% remains outstanding. The Town has made the school districts whole for the 2019/2020 Tax Levy. There is an outstanding balance of $565k or .46% of the $128.1m tax levy that we are continuing to collect. The following are the Town's most significant revenues and a status of each: Mortgage Tax Mortgage tax for June 2020 is $120k or 23% lower than June 2019 but 22% higher than the month of May's tax. Overall, if the trend continues, it is estimated that revenues will meet the budget of$1.1 million. The next semi-annual payment will be received in December 2020 for the period of April-September 2020. Sales Tax June 2020 sales tax is almost double the amount reported in May and 21% higher than June 2019. If trends continue, it is projected that sales tax will fall short of the budget of $2.3 million by approximately $225k or 10%. The quarterly payment for April-June 2020 was received in August 2020 and the next one is due in November. 3 Paae 33 of 113 Recreation Income As a result of the suspension of Town programs and refunds, recreation revenues will fall short of the $3.2m budget by about $1.8m or 56%. The Town refunded approximately $581k in fees for programs, pool passes and summer camp that were canceled. A portion of the refunds were for fees that were received in fiscal year 2019 for pool passes that spanned fiscal years. EXPENSES Expenses are anticipated to be approximately $4.6 million or 11% below the $43.2 budget as a result of the implementation of significant budgetary measures that includes holding vacant full-time and permanent part-time positions open, keeping overtime to a minimum, implementing a PEG (Program to Eliminate the Gap) to achieve a 20% budget savings for equipment and contractual expenses, necessary purchases only and deferred capital projects. The total projected savings of $4.5 million remains the same as the last projection provided in June. The following are the most significant anticipated expense savings to budget: in millions Vacancy savings $1.1 Overtime Savings .2 Recreational Programs 1.0 Contractual 1.4 Capital Expenses .8 $4.5 million 4 Paae 34 of 113 PLEASE NOTE: THERE IS NO ATTACHMENT FOR THIS ITEM. Page 35 of 113 PLEASE NOTE: THERE IS NO ATTACHMENT FOR THIS ITEM. Page 36 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: 2020 Revision of the Mechanical Rock Removal Law ATTACHMENTS: 1. Rock Removal Memorandum 2. Rock Removal Discussion 3. ROCK REMOVAL Paoe 37 of 113 Q 4, O 9 2 � S1 9 Town of Mamaroneck 71 County of Westchester 7 740 West Boston Post Road, Mamaroneck, NY 10543-3353 . EDUMDEDIbEt. COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Stephen V. Altieri,Town Administrator Christina Battalia,Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Rock Removal Date: July 24, 2020 I revised the version of the proposed local law that the Town Board discussed at its public hearing on July 15,2020. I attach both a redlined version showing the changes and a'clean copy' of the revision. The revisions consist of: • The amendment of section 106-58.1 C. to make it clear that even if the Building Inspector permits rock removal for more than 15 days, those additional days must fall within the 45-day period during which the permit allows removal of rock by mechanical means. • The elimination of an extension of rock removal by mechanical means beyond the allotted 180 days(see section 106-58.1 E.). • Adding an explanation for a survey(see section 106-58.1 G[a] and [b]). • The removal of the first sentence in section 106-58.1 L. The permitted hours for mechanical rock removal is now a defined term (see section 106-58.1 A.), making this sentence redundant. Finally, the revision continues to have two possible effective dates. If the Town Board chooses to pass this law, it can decide on changing to a single effective date at the time of the vote. t1 ,a, t, / `it Printed on Recycled Paper Page 38 of 113 REDLINED 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 Page 39 of 113 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. PERMITTED HOURS The seven hours between 9:00 a.m. (prevailing time)and 4:00 p.m. (prevailing time), except in those situations where section 106-58.1 L governs the time allowed for rock removal. 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 2 Page 40 of 113 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 during permitted hours and 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 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 allow rock maylg be removed pursuant to a rock removal permit byf up to five additional 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;however, under no circumstances shall rock removal pursuant to a rock removal permit be allowed more than forty-five(45)calendar days after the date specified for the commencement of rock removal contained in the notice to neighbors described in§106-58.1 G. 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. 3 Page 41 of 113 E. For the construction of original infrastructure, rock removal shall be allowed only during permitted hours and 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- 58.1G:, . . . . .' . . : - - e' -- . . : . ' : -- - - . - •- - • .. . 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]. 4 Page 42 of 113 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. Arty 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 establish the physical condition of the structures on your property before rock removal begins so that you may 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 5 Page 43 of 113 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 establish the physical condition of the structures on your property before rock removal begins so that you may 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. - . . . - - • - - - . .:.. _ .. . _ . - - - . -- - _ _ - _ . 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). 6 Pape 44 of 113 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 that 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. Section 3-Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4-Effective Date: This Local Law shall become effective upon the later of its filing with the Secretary of State or the end of the state of emergency declared by the Supervisor in response to the COVID-10 pandemic. lull 4934,2020 7 Page 45 of 113 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, Page 46 of 113 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. PERMITTED HOURS The seven hours between 9:00 a.m. (prevailing time) and 4:00 p.m.(prevailing time), except in those situations where section 106-58.1 L governs the time allowed for rock removal. 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 2 Page 47 of 113 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 during permitted hours and 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 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 allow rock to be removed pursuant to a rock removal permit for up to five additional 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; however, under no circumstances shall rock removal pursuant to a rock removal permit be allowed more than forty-five (45) calendar days after the date specified for the commencement of rock removal contained in the notice to neighbors described in§106-58.1 G. 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 during permitted hours and only for the 180 days(not including Saturdays,Sundays and public 3 Page 48 of 113 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. 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 shares either 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 4 Page 49 of 113 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 establish the physical condition of the structures on your property before rock removal begins so that you may 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 establish the physical condition of the structures on your property before rock 5 Page 50 of 113 removal begins so that you may 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. 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 6 Page 51 of 113 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 that 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. Section 3-Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4-Effective Date: This Local Law shall become effective upon the later of its filing with the Secretary of State or the end of the state of emergency declared by the Supervisor in response to the COVID-10 pandemic. July 24,2020 7 Page 52 of 113 Please put the email below in packet for rock removal discussion. Thank you. Nancy From: Eney,Jaine<JElkindEney@TownofMamaroneckNY.org> Sent:Thursday,July 23, 2020 2:39 PM To:Seligson, Nancy<Supervisor@TownofMamaroneckNY.org> Subject: Fw:Comments on Rock Removal Law Dear Nancy: See comments below from Maurizio Bertini of CZMC regarding the proposed rock removal law Jaine From:Aitchison, Elizabeth<EAitchison@TownofMamaroneckNY.org> Sent:Thursday,July 23, 2020 1:56 PM To: Eney,Jaine <JElkindEney@TownofMamaroneckNY.org> Subject: Comments on Rock Removal Law Hi Jaine, I received these comments from Maurizio Bertini. (He told me that PM means particulate matter. I wasn't sure, so I asked him.) Talk to you soon, Liz Please update your address book with my new last name and email address: Elizabeth Aitchison (formerly Elizabeth Paul) Environmental Planner EAitchisonPtownofmamaronecknv.ore Town of Mamaroneck Conservation Department 740 W. Boston Post Road Mamaroneck, NY 10543 (914)381-7845 From: maurizio bertini<mbertinim@gmail.com> Sent:Tuesday,July 21, 2020 12:05 PM To:Aitchison, Elizabeth<EAitchisonCa TownofMamaroneckNY.org> Subject: Re: Meeting for July Cancelled Hi Liz, I hope all is well with you and your family. I had a look at the new rule for rock excavation and I thought that a good idea to limit dust exposure during the allowed time would be to require the contractors to use air monitors. Usually you use two of them one upwind and one downwind. Although it might add to the cost (the PM machine is not awfully expensive to rent), it would give peace of mind to the neighbors and at the same time it could make an argument for the contractor if asking for an extension. A well maintained record that limits were not exceeded could show good faith on the contractor side. This is just an idea but this machines are always used in brownfield cleanups to show the community that they are not being exposed to PM and other pollutants, Let me know your thoughts on this. Thank you Maurizio On Tue, Jul 21, 2020 at 10:02 AM Aitchison, Elizabeth <EAitchison@n,townofmamaroneckny.org>wrote: Hi everyone, The July 27`h CZMC meeting is cancelled. We have no referrals this month. The next meeting will be held on August 17`h if necessary. Save the date although I am not sure if we are meeting in person or via zoom. I hope zoom. Be well, Liz 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, and pursuant to a motion by the Town Board on July 15, 2020 this Public Hearing will be adjourned until Wednesday August 19, 2020 at 7:30 PM or as soon thereafter as is possible, telephonically from the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider, "2020 Revision of the Mechanical Rock Removal" Law. 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. 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. Public participation at the virtual public hearing will be as follows: viewing via https://lmctv.org/live-meetings-on-Imcty/ and email comments may be directed to the Town Board at: publicgc@townofmamaroneckNY.org. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published INSERT CORRECT DATE PER LAURA'S PUBLISHING Paae 54 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: Fire Claims ATTACHMENTS: 1. Fire Claims Aug 2020 Paae 55 of 113 Town of Mamaroneck From: Tracy Yogman -Town Comptroller Re: Fire Claims Date: August 19, 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. Repairs to CO Meter,Scott Pak,Calibration gas,two adapters $ 681.08 AAA Emergency Supply Co. Service of all fire extinguishers in building 1,124.00 AAA Emergency Supply Co. Pay Balance of invoice#00301061 short paid 193.00 Atlantic Westchester Inc Service call for 3 AC units-Conf room, Front Lobby,Auditorium 640.00 Bound Tree Medical LLC Gloves 87.50 Clean Air Co. Parts to repair exhaust 1,414.50 Fire-End&Croker Corp. Bi-Swing Turnout Coat& Low Rise Turnout Pants- Dan Murray 1,879.15 Global Equipment Co. Inc. 24"Circulating fans for Apparatus Bays 1,316.99 Grainger Pails for car wash 8.38 Optimum Cable Services for 7/23-8/22/2020 201.58 Ready Refresh Water Cooler Rental 6/19-7/18/2020 125.96 UniFirst Corp. Cleaning supplies 7/10&7/17/2020 372.78 UniFirst Corp. Cleaning supplies 7/24/2020 93.14 Verizon Fire HQ service 7/10-8/9/2020 265.59 Verizon TMFD 300M Fios Redundant Circuit 6/26-7/25/2020 266.98 VFIS Policy-GASB Administrative Services 1/1/2020-1/2/2021 750.00 Villa Maria Pizza Food for Department Drill 7/14/20&Food for Fast Drill-7/22/20 81.94 Westech Elevator Services Maintenance-April&July 2020 350.00 WJWW Water charges 5/26-6/25/2020 33.33 WJWW 205 Weaver St.charges 5/26-6/25/2020 434.70 Total $ 10,320.60 Paae 56 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: Other Fire Department Business ATTACHMENTS: 1. No Attachment Paae 57 of 113 PLEASE NOTE: THERE IS NO ATTACHMENT FOR THIS ITEM. Page 58 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: Request approval to renew the grant for Title III C Nutrition Services Contract for the Senior Center Nutrition Site and Home-Delivered Meals for calendar year 2020 ATTACHMENTS: 1. III C Nutrition Services Contract 2020 Paae 59 of 113 Westchester gm:corn George Latimer County Executive Department of Senior Programs and Services Mae Carpenter Commissioner March 31, 2020 Ms. Anna Danoy Director, Community Services & Housing TOWN OF MAMARONECK 740 West Boston Post Road Mamaroneck, NY 10543 RE: Title III-C/NSIP: Nutrition Services Contract, PY 2020 Dear Ms. Danoy: Attached to the e-mail that was sent with this letter is an electronic blank copy of the III-C1, III-C2 and Nutrition Services Incentive Program (NSIP) contract for Nutrition Services to be provided by the TOWN OF MAMARONECK. The contract is comprised of an Agreement and Schedules"A", "B", "C", "D", "G", and "H""and covers the program period January 1, 2020 through December 31, 2020 for the III-C Programs and October 1, 2019 through September 30, 2020 for NSIP. Funding for the program will be in the amounts indicated below for actual services provided and data-entered in the New York State Office for the Aging's (NYSOFA"S) electronic reporting system: PeerPlace. The Department may reduce the amount payable to its contractors if the New York State Office for the Aging reduces the Department's Federal and/or State funding, in which case you will be notified. PROGRAM FEDERAL FUNDS CONTRACTOR MATCH III-C-1 $17,608 $5,870 Estimated III-C1 NSIP $5,791 N/A III-C-2 $42,032 $14,011 Estimated III-C2 NSIP $17,775 N/A Please be aware that the NSIP funding listed on the allocation are high estimates to cover your program for the projected annual NSIP allocation. Please also be aware that the Board Act authorizing the County to enter into agreement with municipalities has not been approved by the County's Board of Legislators. This means that although your municipality can sign off on the agreement that Commissioner Carpenter cannot sign it until the appropriate approval has been granted. You MUST use the original contract documents that we have provided. NO ALTERATIONS may be made to the contract without the prior consent of the Dept. We also recommend that you keep an electronic copy of the contract on hand in the event that you need to reprint a page. 9 South First Avenue,10th Floor Mount Vernon,New York 10550-3414 Telephone: (914)813-6400 Fax: (914)813-6399 Wehsite: www.westchestergov.com/ming Paae 60 of 113 With the exception of the applicable Excel Pages, )0 NOT fill out the contract electronically as we want to maintain the integrity of the document. Noncompliance with these requests will result in the contract returned to your agency. Please print a hard copy of the contract and fill it out making sure that where signatures are required on all documents that they are original. Return the ENTIRE originally signed contract to me at the address in the footer on the first page. Contracts with COPIED signatures are unacceptable. Please refer to the `Standard Insurance Provisions"on pages 1 and 2 of Schedule"A"for detailed information regarding ALL required insurances. Contracts will be on hold pending receipt of any missing insurance form. Remember to list the County of Westchester as an Additional Insured on the Certificate of Liability Insurance. All Nutrition Program Contractors are required to mail in the completed PeerPlace Monthly Nutrition Report signed by the staff member responsible for the report. The reports should be received by the County no later than the tenth (10th) day of the following month. The County reserves the right to withhold payment to Contractor for its failure to submit the monthly report by the deadline, until the monthly report is received by the County. Please direct program-related questions to your program liaison Patricia Szeliga at 914-813-6432 or via e-mail at pls3@westchestergov.com. You may also contact me at 914-813-6058 or via e-mail at ssj3@westchestergov.com for questions pertaining to the processing of the contract. Sincerely, LS/t_cvt,," C/O bti Sharon Johnson Program Administrator Encl. Paae 61 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: Authorization- 2020 Capital Budget Amendment- Water District Project ATTACHMENTS: 1 . BUDGET AMENDMENT - WATER DISTRICT PROJECT Paae 62 of 113 ia, Oy it, � �9o Town of Mamaroneck W "Z' Town Center z ,4FF C U N D6 6'� 740 West Boston Post Road,Mamaroneck,NY 10543-3353 Office of the Comptroller TEL: 914/381-7850 FAX: 914/381-7809 towncomptroller@townofmamaroneck.org Capital Budget Amendment- Water District Capital Project The Westchester Joint Water Works("WJWW")Board of Trustees has approved a joint capital project A-1372 for the replacement of a 250 foot section of leaking water main in a relatively inaccessible location on Brevoort Lane in Greenhaven in the amount of$150,000. Work will begin immediately as this situation has required a complete shutdown of the immediate area due to potential impacts to a septic system in the area and the use of temporary water connections to multiple properties. As the water revenues derived from this outside district are allocated to the member municipalities, the main replacement will be a joint capital project with cost of financing shared by the members. Financing costs will be recovered over a ten year period through an infrastructure tax/capital cost recovery charge billed to the properties served within the Greenhaven outside district,a share of which will be allocated to each member's revenue. There is sufficient Fund Balance in the Water District to fund the Town's additional share of$27,600. REQUESTED ACTION: The following budget amendment is recommended to reflect the increase in the Capital project budgets: BUDGET AMENDMENT Item# WATER DISTRICT(FUND SW): 1 Exp SW.9900.9950 Transfer to Capital Projects Increase $ 27,600.00 Rev SW.0000.5995 Appropriated Fund Balance Increase $ 27,600.00 CAPITAL(FUND H): 2 .Eq H.8340.0400.1372.12 Capital Water lmrpovement Projects Increase . $ 27,600.00 , Rev H.0000.5038.1372.12 Transfer from Water District Increase $ 27,600.00 Paae 63 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: 2020/21 School Tax Warrant ATTACHMENTS: 1. 2020-8-14 memo on 2020 school tax warrant Paae 64 of 113 Memorandum To: Supervisor and Town Board Re: Mamaroneck and Scarsdale School Tax Warrants Date: August 14, 2020 The Town is still awaiting information from the school districts in order to prepare the final version of the warrant. Therefore,the document will be provided to the Board on Tuesday. Stephen V. Alfieri Town Administrator Paae 65 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: Set Public Hearing - Amendment Drone Law ATTACHMENTS: 1 . Drone Law Memorandum Paae 66 of 113 . 4, 0 . q x ° ` Town of Mamaroneck ° mo County of Westchester \- " 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakedr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Stephen V. Altieri, Town Administrator Christina Battalia, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: "Drone law" Date: July 31, 2020 On March 4, 2020, the Town Board created a new law prohibiting the flying of remotely controlled aircraft within two miles of the Winged Foot Golf Club prior to and during the 2020 US Open golf tournament. Due to the pandemic, the dates for the tournament were moved from June to September, rendering the current "anti-drone" law ineffective since the current law does not prohibit flying drones in September. The attached proposed law synchronizes the dates of prohibition with the dates of the tournament. 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 tat I'mlt�d on Rt.(vt t it I'apx•t Paae 67 of 113 Local Law No, -2020 This local law shall be known as the "Prohibition on Flying Drones near the Winged Golf Club for ten days during September of 2020" Law. BE IT ENACJ1'ED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: Prior to the outbreak of the COVID-19 pandemic, the Winged Foot Golf Club was to host the 2020 US Open golf championship in June of 2020. For security reasons, the Town Board passed a local law prohibiting remotely controlled flying aircraft from flying within two miles of the Club grounds prior to and during the tournament with the exception of such aircraft to be flown by enterprises, such as television networks, that need to fly drones in connection with their performance under contracts they have with the Winged Foot Golf Club and/or the United States Golf Association. Due to the pandemic, the tournament was pushed back to mid-September 2020. This local law amends the existing law on remotely controlled flying aircraft by moving the dates of the prohibition to the ten days in September mentioned below. Section 2-Amendment of an existing section of the Mamaroneck Code: Section 122-8 of the Code of the Town of Mamaroneck hereby is repealed and replaced by the following: §122-8 Remotely Controlled Aircraft Prohibited within Certain Air Space during ten particular days in September of 2020. A. From September 12, 2020 to September, 21 2020, it shall be unlawful for any person to operate an unmanned aircraft, or cause an unmanned aircraft to take off, land or fly within two miles of the perimeter of the property owned by the Winged Foot Holding Corp. or the Winged Foot Golf Club, Inc. and designated on the Tax Assessment Map of the Town of Mamaroneck as Section/Blocks/Lots: 3-40-204.1, 3 44 99, 3-45-1.4, 3-45-1.5, 3-45-1.7, 3-46-1.1, 3-46-1.2, 3-47-1../1, Page 68 of 113 3-47-1 ../2 and 3-47-1.2. For the purpose of this section, the term "unmanned aircraft" means a device, commonly referred to as a 'drone', that is designed to navigate in the air without a pilot onboard, or an aircraft that is operated without intervention by a human within the aircraft. B. This section shall not apply to those enterprises with whom either the Winged Foot Golf Club or the United States Golf Association will or have contracted to perform services in connection with the 2020 US Open golf championship and whose names appear on a certification given to the Town by either the Winged Foot Golf Club or the United States Golf Association that is received by the Town Administrator on or before September 11, 2020. 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. July 31,2020 Page 69 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: Sewer IMA - Village of Mamaroneck ATTACHMENTS: 1. 2020 07 29 IMA VOM- sewer inspection- Town version Paae 70 of 113 ;Ao Town of Mamaroneck Z W m Town Center 740 West Boston Post Road,Mamaroneck,NY 10543-3353 . EouNlED.!E' • 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: Proposed IMA-Village of Mamaroneck Sewer Truck/Sewer Inspection The Town and Village and have been working on a shared service agreement in connection with the purchase of a sewer television truck and the inspection of municipal sewers. Under the proposal, the Town and Village would agree: ❖ To share on a 50/50 basis the cost of purchasing a vehicle equipped to conduct sewer inspections. ❖ The Town would assume responsibility for the operation and maintenance of the vehicle. ❖ Additionally, the Town would provide to the Village sewer inspection services and bill the Village on an hourly basis for those services. Both the Town and Village are required to conduct regular sewer inspections as part of our Capacity Management and Operations and Maintenance Programs (CMOM). Both communities have received approval from Westchester County and the New York DEC for our CMOM programs. Therefore, we are both required to follow virtually the exact same protocols for sewer inspection thus making this an excellent program for shared services. Attached is a copy of the proposed agreement. Note that the last page of the attachment is a breakdown of the hourly rate to be charged to the Village. We have estimated that the Town will provide between 300 and 500 hours of service per year to the Village depending upon their needs. For the first year of the program, the Town will charge the Village $122.00 per hour for services. The hourly rate would be adjusted as costs change. At this point, no action is required of the Town Board. The agreement is provided for your review and comment. Stephen V. Altieri Town Administrator ogok 0 Printed on Recycled Paper Page 71 of 113 INTERMUNICIPAL AGREEMENT This is an Agreement between the Town of Mamaroneck,a municipal corporation existing under the laws of the State of New York with offices at 740 West Boston Post Road,Mamaroneck, New York 10543 (Town) and the Village of Mamaroneck, a municipal corporation existing under the laws of the State of New York with offices at 123 Mamaroneck Avenue, Mamaroneck New York 10543 (Village). Recitals Whereas, the Town and the Village must inspect their respective public sanitary sewer lines (Sewers) to detect ruptures and improper inflow and infiltration, and Whereas, current technology allows for such inspections to be made by video, and Whereas, the Town and the Village have concluded that each can reduce costs if they co- operate with each other in the acquisition of the technology and in the deployment of personnel to conduct such inspections, and Whereas, General Municipal Law §119-o authorizes a municipality to enter into or assign a municipal function to another municipality by executing an inter-municipal agreement with that municipality. /'" Now, therefore, in consideration of the terms and conditions herein contained, the Town and the Village agree as follows: First: (a) The Town will purchase from Joe Johnson Equipment LLC of 62 LaGrange Avenue, Rochester, NY for $168,700.00 the equipment identified in the Terms & Agreement to Purchase dated May 1, 2020 (Equipment). The Terms & Agreement to Purchase is annexed as Schedule 1. (b)The Village shall reimburse the Town in the amount of$84,350.00 for this purchase. Second: (a)The Town shall store the Equipment at a Town facility and have it added to the items that the Town insures against loss for damage, destruction or theft. (b) The Town shall be responsible for performing inspections of Sewers located within the Village and such routine maintenance on the Equipment as the Town staff is capable of performing. The Town shall prepare a schedule showing the hourly rate(s)of the salary of the personnel who will perform such inspections and maintenance. The hourly rates will equal the base salary for the year in which such inspections and maintenance are performed of the actual Town employee(s)who perform such inspections and maintenance divided by the number of hours that such employee(s) are required to work for the Town that year. The Town will keep records r,.w\ of the time spent by the Town personnel performing such inspections and maintenance and the Page 72 of 113 ,y product of the multiplication of the hourly rate(s)by the number of hours worked will be the Labor Costs. (c)The Town shall keep records of the costs it will incur for operating the Equipment. Those costs shall consist of the annual costs for fuel, for auto insurance and for the products used when routine maintenance is performed such as gloves, hand tools and cleaning rags. These costs are the Operating Costs. (d) The Town shall keep records of the costs it will incur for maintaining the Equipment. Those costs shall consist of the annual costs for camera system maintenance service, for the camera operations training refresher class and for vehicle maintenance. These costs are the Maintenance Costs. (e) Annually,the Town shall deliver to the Village a statement showing the Labor Costs, Operating Costs and Maintenance Costs incurred since the last statement was submitted. Five(5%)percent of the sum of these Costs shall be added to the statement to account for the Town's overhead. Within thirty (30) days of receipt, the Village shall pay the Town the amount appearing on the statement. Third: The Town will perform the inspections of the Sewers, both within the unincorporated area of the Town and within the Village. Annually the Town will devote approximately one-third (1/3), but no more than two-fifths(2/5),of the time when the Equipment (1'w\ is being used to the inspection of Sewers in the Village. The Village may designate which of its Sewers are to be inspected and the sequence for the inspections. The Town will deliver to the Village the results of its inspections of Sewers in the Village no later than days after each inspection is completed. Fourth: This Agreement shall terminate when the Equipment has exceeded its useful life. Fifth: The failure of either party to insist upon strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default in terms,conditions and covenants herein contained. Sixth: (a)This Agreement constitutes the entire understanding between the parties regarding the subject matter contained herein. The parties acknowledge that there have been no representations,warranties,covenants or understandings other than those expressly set forth herein and that all prior agreements between the parties regarding the subject matter of this Agreement — whether oral or in writing — are merged into this Agreement and do not survive it as this document expresses the parties' entire understanding. (b) This Agreement may only be changed by a writing executed by a duly authorized representative of each party. 2 Page 73 of 113 Seventh: The signatories to this Agreement represent that he or she has the right to enter into this Agreement on behalf of the party for which he or she is signing this Agreement. Eighth: This Agreement may be executed in one or more counterparts, each of which shall be considered an original. Facsimile signatures or signatures that are transmitted electronically shall be considered original signatures. Ninth: Whenever required or appropriate, words in the singular number shall be construed as if they were in the plural number and words of one gender shall be construed as if they were in either of the other two genders. Tenth: Neither party shall have the right to assign, transfer, convey, pledge or encumber his rights under this Agreement. Eleventh: This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. In Witness Whereof, the Town and the Village have agreed to the terms and conditions set forth therein. Town of Mamaroneck /"\ By: Stephen V. Altieri, Town Administrator Date Village of Mamaroneck By: Jerome Barberio, Village Manager Date Certificate of Authorization I, Christina A. Battalia, certify that (a) I am the Town Clerk of the Town of Mamaroneck, a municipality existing under the laws of the State of New York,(b) Stephen V. Altieri,the person who signed this Agreement on behalf of the Town of Mamaroneck ("Town"), is the Town Administrator of the Town,(c)Mr. Altieri was authorized by the Town Board of the Town to execute this Agreement on behalf of the Town and (d) such authority was in full force and effect when Mr. Altieri executed this Agreement on behalf of the Town. 3 Page 74 of 113 ,i� Christina A. Battalia, Town Clerk Certificate of Authorization I, , certify that (a) I am the Village Clerk of the Village of Mamaroneck, a municipality existing under the laws of the State of New York,(b)Jerome Barberio,the person who signed this Agreement on behalf of the Village of Mamaroneck("Village"), is the Village Manager of the Village, (c) Mr. Barberio was authorized by the Board of Trustees of the Village to execute this Agreement on behalf of the Village and(d)such authority was in full force and effect when Mr. Barberio executed this Agreement on behalf of the Village. , Village Clerk Revised May 22,2020 /l*N 4 Page 75 of 113 �i \94 Town of Mamaroneck DATE: 6/11/2020 .9 ';-; i Engineering Department, Town Center PREPARED BY:R.W., T.Y. • z � • ^x 740 W.Boston Post Road, Mamaroneck,NY 10543-3353 CHECKED BY: R.W. 'tuurotu,u,' Sewer Inspection Camera Crew Annual Operations Costs Annual Maintenance Item Cost Porsonell Hourly($/hr) Sewer Foreman/Camera Operator $62.88 Laborer/Assistant Operator $50.48 Operating Costs Time Unit Hourly($/hr) Gasoline-Regular Unleaded(Assume$2.601 al x 35 Gallon Tank/week $91.00 $2.60 Auto Insurance-$/Year(52 weeks x 35 hours per week) $1,350.00 $0.74 Disposible Equipment-Gloves, Hand Tools,Cleaning Rags-Annual $1,000.00 $0.55 Maintenance Costs Camera System Maintenance Service-$1800 @ 6 month interval $3,600.00 $1.98 Camera Operations Training Refresher Class-$1,500 Annual $1,500.00 $0.82 Vehicle Maintenance-Ford Transit Van Parts& Staff Labor-Annual $3,000.00 $1.65 Charge Subtotal $ 121.70 Budget Hourly Charge $ 122.00 Hourly rate equated as annual cost divided over normal working hours per year(52 weeks x 35 hours/week= 1,820 hours) Sewer camera vehicle purchase estimate$165,000. Debt Service @ 15 years 2. approximately 2.0% Assumptions: Llaque Pugliese Sewer Foreman Laborer - Salary-50% 40,819 62,141 FICA/Medicare 3,123 4,754 Page 76 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: Resolution - Adopting New NYS Record Retention Schedule LGS-1 ATTACHMENTS: 1. 2020-08-19 Adoption of the LGS-1 2. 2020-08-19 TB Memo Adopt LGS-1 Paae 77 of 113 WHEREAS, on April 5, 1989,the Town of Mamaroneck adopted the New York State Local Government Records Retention and Disposition Schedule (MU- 1)to be implemented for Town use as the official records management tool for records retention and disposition, and WHEREAS, in August of 2020, New York State created a new records retention schedule titled the Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records. NOW THEREFORE, BE IT RESOLVED,that the Mamaroneck Town Board does hereby adopted for use by all officers and Town employees in legally retaining and properly disposing of Town records, and BE IT, FURTHER RESOLVED,that in accordance with Article 57-A: (a) only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein; (b) are being retained longer than described per authorization of the records management Officer; (c) only those records will be disposed of that do not have sufficient administrative,fiscal, legal, or historical value to merit retention beyond established legal minimum periods. Paae 78 of 113 4 Town of Mamaroneck e '9 Office of the Town Clerk, Town Center O �p • w © m 740 West Boston Post Road, Mamaroneck, NY 10543-3353 FOUNDED 1661 Christina Battalia, RMC, CMC TEL:914/381-7870 Mamaroneck Town Clerk FAX:914/381-7813 CBattalia@townofmamaroneckNY.org MEMORANDUM To: Town Board —August 14, 2020 This August New York State issued a new records retention schedule titled the Retention and Disposition Schedule for New York Local Government Records (LGS-1). This document supplants the existing Retention Schedule known as the MU1. The Town adopted the original MU1 in 1989. Towns are required to adopt the LG1 by January 1, 2021. Attached please find a resolution for adoption. Christina Paae 79 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: Authorization- Recreation Department Software Upgrade and Budget Amendment ATTACHMENTS: 1. AUTHORIZATION- RECREATION SOFTWARE UPGRADE AND BUDGET AMENDMENT MEMO 2. VS Services Agreement - 2020 (HLG.Rev.07.15.20) 3. VSI Quote - QUO-06357GLInterface 4. VSI Quote -QUO-06356Hosting 5. VSI Quote - QUO-06355Migration Paae 80 of 113 Authorization-Recreation Department Software Upgrade and Budget Amendment The Recreation Department has used Vermont Systems as its recreation software provider for approximately 25 years. We are currently operating on version 10.3 which is now over 10 years old and is being phased out. Due to its age, the credit card interface no longer interacts reliably with the current version of the credit card processors and requires extensive reconciliations daily. At this point in time we will either need to upgrade to their new version 3.1 or consider switching to a new software company. We just recently reviewed three other recreation based software companies, Edmunds, Tyler and Civic Rec but found there was no comparison to the features that are offered by Vermont Systems and that are needed to successfully operate our facilities and the department. The 3.1 version has been around for almost six years now and is a very solid product that is cloud- hosted. Being hosted in the cloud will allow us to access and operate the system anywhere there is intemet access. Having the ability for remote access is critical to our operation and for patron accessibility as more people are working outside of the office. The cloud hosting system exceeds all cyber security compliance standards, is backed up daily and has multiple data centers in the event of a disaster. Another benefit of staying with Vermont Systems is that it is integrated with our EPACT software program that we use for our on-line camp registration and health records. This allows residents to register for camp and complete all required forms necessary easily on—line. By migrating to a new version, all user households and their history will remain in the database. This is very important because we issued hundreds of refunds and credits this year due to closures and cancellations related to COVID. Vermont systems has the capability of transferring the financial data for revenue collected electronically that can be imported into the Town's financial system. This process will significantly increase productivity in the Comptroller's office. The conversion process will take approximately four months and it is anticipated that the new cloud based system will be up and running as of January 1, 2021. The total cost of the system includes the annual maintenance for the software of$5,746 that has been paid for and was included in the 2020 budget plus the quotes for the cloud hosted solution attached. Vermont Systems provided a very competitive quote for cloud hosting that includes a one-time implementation cost, training and an annual subscription cost for three years. The first year includes a 50% incentive discount on the annual hosting fee. Year Total Implementation Annual Cost Year 1 $10,610 $5,000 $5,610 Year 2 10,500 - 10,500 Year 3 10,500 - 10,500 Paae 81 of 113 Therefore, upgrading Vermont Systems RecTrac to the 3.1 version is recommended as it will be the best decision for our operation providing the functionality needed at a competitive price. The following budget transfer is recommended to fund the Vermont System's first year cloud hosting subscription cost: Type Budget Code Account Description Amount Expense A.1680.4018 Computer Software Maint Increase $ 5,610 Expense A.1680.4035 Consultant Services Decrease $ (5,610) REQUESTED ACTION: THAT THE TOWN BOARD APPROVE THE PROPOSED BUDGET AMENDMENT AND AUTHORIZE THE TOWN ADMINISTRATOR TO EXECUTE THE VERMONT SYSTEMS AGREEMENT. Paae 82 of 113 VERMONT SYSTEMS SERVICES AGREEMENT This Services Agreement is entered into on the day of , 2020 ("Effective Date") by and between RECTRAC, LLC d/b/a VERMONT SYSTEMS, a Delaware limited liability company having its principal address at 12 Market Place, Essex Junction, VT 05452 ("VS," "Licensor," "we," "our," or "us") and the customer identified in Section 1 below ("Customer," "Licensee" or "your") (each a "Party," and, collectively, the "Parties"). This Services Agreement, and all attachments, schedules or exhibits referenced herein, shall collectively comprise the "Agreement" between you and us. Terms not defined below shall have the meanings as set forth in Section 1 of the Terms of Service. 1. CUSTOMER INFORMATION Customer Name(Leval Entity) Doing Business As(if applicable) - - Office Address - -Business Address(if business is located somewhere other than the office address) Customer's General Contact(for all matters under the Agreement) - —f General Contact Phone General Contact Email Customer's Billing Contact(for billing matters under the Agreement) Billing Contact Phone J Billing Contact Email VS Customer Lead 1 VS Lead Phone J VS Lead Email 2. TERM Initial Term: months. The Initial Term will commence on the first day of the month in which the software is implemented and available for the Customer's use and will end consecutive months later. Renewal Term: months. Unless Customer provides written notice of cancellation at least 90 days prior to the expiration of the applicable Term, the Agreement will automatically renew for another -month term. 3. SERVICES & FEES Customer is contracting to receive the Services, and to pay the Fees, as more specifically described in the Order Schedule. The Order Schedule is attached hereto and incorporated by reference herein. 4. HOSTING Customer is choosing the following hosting option: El ❑ VS Hosted Customer Hosted VS hosts Customer Data on VS-controlled and maintained servers VS Customer hosts data locally, on its own servers. VS has no responsibility hosting is subject to Agreement terms, including Terms of Servicefor maintaining and/or securing Customer Data on Customer's servers. Paae 83 of 113 5. TERMS OF SERVICE Customer has read, understands and agrees to VS's Terms of Service, which shall be incorporated and considered part of this Agreement. VS's Terms of Service may be accessed here. 6. PRIVACY & SECURITY Customer has read, understands and agrees to VS's Privacy Policy, which shall be incorporated and considered part of this Agreement. VS's Privacy Policy may be accessed here. 7. SERVICE LEVEL COMMITMENT Customer has read, understands and agrees to VS's Service Level Agreements, each of which shall be considered part of this Agreement. VS's Service Level Agreement is attached hereto and incorporated by reference herein. ACCEPTANCE Customer acknowledges that it has read, understands and accepts the Agreement as written, inclusive of all attachments, schedules or exhibits, as may be revised, and agrees to pay all Fees and all other charges permitted by the Agreement. The individual signing the Agreement on behalf of Customer acknowledges that he/she has the proper legal authority to act on the Customer's behalf and to bind the Customer to this Agreement. AGREED TO BY CUSTOMER: [Customer] [printname] Date [title] ACCEPTED BY VERMONT SYSTEMS: RecTrac,LLC [printname] Date [title] Paae 84 of 113 NO VERMONT SYSTEMS 07/16/2020R4Y5 Quote Number: QUO-06357-Q84Y5 Software Pricing is valid for 120 Days Hardware Pricing is Subject to Change Prepared For: Town of Mamaroneck Rec Prepared By: Amy Havreluk(Sales Administrator and User Group Coordinator) Mamaroneck, NY Email: AmyH@VermontSystems.com Contact Name: Jill Fisher, Toll Free: 877-883-8757 Contact Email: jfisher@townofmamaroneckny.org Direct Phone: 802-255-2155 Contact Phone: 914-381-7866 Explanation of Quote: GL Interface Notes: Services(recurring) Qty Unit Price Monthly Price Software Subscription Configuration: General Ledger Interface t(2) 1 $30.00 $30.00 $360.00 Tax: $0.00 Total: $360.00 TOTALS: Services(recurring)(prorated year 1) $360.00 Total: $360.00 For planning purposes,the annual recurring cost will be: $360.00 t Footnotes: 2 The General Ledger Interface will create a file consisting of postings made to any account with activity in RecTrac for a specified date range. The file format will be in a format that your financial software requires. To determine the file layout and content,we provide a questionnaire to be completed and submitted along with your order. Upon receipt we will contact you to discuss the requirements in relation to the interface. Once requirements are reviewed and approved,the VSI Trainer will assist&configure the VSI application for the GL interface. The Trainer will show the Customer how to generate the batch export file. At this point,it is the Customer's responsibility to contact the financial software vendor to arrange for assistance to import the daily batch file for automatic posting to the cash receipts or general ledger system.The VSI trainer is not responsible for importing the batch files into any third-party application software or for contacting the vendor. www.vermontsystems.com 1 sales@vermontsystems.com Paae 85 of 113 NO VERMONT SYSTEMS 07/16'2020 Quote Number: QUO-06356-F2S4M2 Software Pricing is valid for 120 Days Hardware Pricing is Subject to Change Prepared For: Town of Mamaroneck Rec Prepared By: Amy Havreluk(Sales Administrator and User Group Coordinator) Mamaroneck, NY Email: AmyH@VermontSystems.com Contact Name: Jill Fisher, Toll Free: 877-883-8757 Contact Email: jfisher@townofmamaroneckny.org Direct Phone: 802-255-2155 Contact Phone: 914-381-7866 Explanation of Quote: VS Hosting Services Notes: Only Available with RecTrac 3.1 and higher We are offering an introductory 50%discounted rate for Hosting Services. This is available for the first year of service based on a three year commitment. After year one the Monthly fee will be$875 and the Annual fee will be$10,500. Services(recurring) Qty Unit Price Monthly Discount Price VSI Cloud VSI Cloud Hosting Service-Silver,First 5 Users MO/50% 1 $675.00 $337.50 $337.50 $4,050.00 Discount for 1st Year of Service t(2) VSI Cloud Hosting Service-Silver,Add'I Users MO/50% 5 $40.00 $100.00 $100.00 $1,200.00 Discount for 1st Year of Service t(3) Tax: $0.00 Total: $5,250.00 TOTALS: Services(recurring)(prorated year 1) $5,250.00 Total: $5,250.00 For planning purposes,the annual recurring cost will be: $5,250.00 Other Products of Interest: VSI Cloud Hosting Service-Gold,First 5 Users $875.00 Monthly(Footnote:4) VSI Cloud Hosting Service-Gold,Add'I Users $45.00 Monthly(Footnote:5) VSI Cloud Hosting Service-Platinum,First 5 $1075.00 Users Monthly(Footnote:6) VSI Cloud Hosting Service-Platinum,Add'I $55.00 Users Monthly(Footnote:7) www.vermontsystems.com 1 sales@vermontsystems.com Paae 86 of 113 4 VERMONT SYSTEMS 07.16.2020 Quote Number: QUO-06356-F2S4M2 Software Pricing is valid for 120 Days Hardware Pricing is Subject to Change t Footnotes: 2 The base Hosting Services Fee does NOT include the VSI application software and Progress software annual maintenance fees. Prior to selecting the hosting option,we require customer to test/verify connectivity from all locations to ensure satisfactory performance. Please contact VSI Sales for additional information and scheduling,877-883-8757-Option#2 or email sales@vermontsystems.com. 3 The Additional User Hosting Services Fee does NOT include the VSI application software and Progress software annual maintenance fees. Prior to selecting the hosting option,we require customer to test/verify connectivity from all locations to ensure satisfactory performance. Please contact VSI Sales for additional information and scheduling,877-883-8757-Option#2 or email sales@vermontsystems.com. 4 The Additional User Hosting Services Fee does NOT include the VSI application software and Progress software annual maintenance fees. Prior to selecting the hosting option,we require customer to test/verify connectivity from all locations to ensure satisfactory performance. Please contact VSI Sales for additional information and scheduling,877-883-8757-Option#2 or email sales@vermontsystems.com. 5 The base Hosting Services Fee does NOT include the VSI application software and Progress software annual maintenance fees. Prior to selecting the hosting option,we require customer to test/verify connectivity from all locations to ensure satisfactory performance Please contact VSI Sales for additional information and scheduling,877-883-8757-Option#2 or email sales@vermontsystems.com. 6 The Additional User Hosting Services Fee does NOT include the VSI application software and Progress software annual maintenance fees. Prior to selecting the hosting option,we require customer to test/verify connectivity from all locations to ensure satisfactory performance. Please contact VSI Sales for additional information and scheduling,877-883-8757-Option#2 or email sales@vermontsystems.com. 7 The base Hosting Services Fee does NOT include the VSI application software and Progress software annual maintenance fees. Prior to selecting the hosting option,we require the customer to test/verify connectivity from all locations to ensure satisfactory performance. Please contact VSI Sales for additional information and scheduling,877-883-8757-Option#2 or email sales@vermontsystems.com. www.vermontsystems.com 2 �� sales@vermontsystems.com Paae 87 of 113 4/) VERMONT SYSTEMS 07'16'2020 Quote Number: QUO-06355-D3C9X7 Software Pricing is valid for 120 Days Hardware Pricing is Subject to Change Prepared For: Town of Mamaroneck Rec Prepared By: Amy Havreluk(Sales Administrator and User Group Coordinator) Mamaroneck, NY Email: AmyH@VermontSystems.com Contact Name: Jill Fisher, Toll Free: 877-883-8757 Contact Email: jfisher@townofmamaroneckny.org Direct Phone: 802-255-2155 Contact Phone: 914-381-7866 Explanation of Quote: 3.1 Migration Notes: Training&Expenses Qty Unit Unit Price Price 3.1 Migration-Remote Implementation&Training 40.0 Hour $125.00 $5,000.00 Tax: $0.00 Total: $5,000.00 TOTALS: Training&Expenses $5,000.00 Total: $5,000.00 www.vermontsystems.com 1 sales@vermontsystems.com Paae 88 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: Resolution - Retirement Reporting - Elected & Appointed Officials ATTACHMENTS: 1. 2020-08-19 TB Memo Rtrmnt Reporting 2. 2020-08-19 Standard Work Day and Reporting Paae 89 of 113 Town of Mamaroneck O ` 9A Office of the Town Clerk, Town Center tiO w 91" m 740 West Boston Post Road, Mamaroneck, NY 10543-3353 •FOUNDED 1661 Christina Battalia, RMC, CMC TEL:914/381-7870 Mamaroneck Town Clerk FAX:914/381-7813 CBattalia@townofmamaroneckNY.org MEMORANDUM To: Town Board —August 12, 2020 Attached please find a draft resolution required for NYS Retirement Reporting for Elected and Appointed Officials. At each newly elected term each qualifying Official in the retirement system is required to prepare a three month log recording their activities, or recertify their existing log. Recertification of existing logs is acceptable for up to eight years. This year none of the three officials who are reporting can recertify and have therefore, prepared new three- month logs. I am awaiting one three-month log, so in the mean time I have prepared a template resolution with the final to be sent early next week. Christina Paae 90 of 113 Standard Work Day and Reporting Resolution On motion of , seconded by , it was RESOLVED, that the Mamaroneck Town Board hereby establishes the following as standard work days for elected and appointed officials and reports the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials, and recertified where applicable,to the Town Clerk of this body: Title Standard Name Social Registration Tier One Term Begins/Ends Days/Month Work Security Number (based on Day Number Check record of (last 4 only if activities) digits) member is a tier one I ELECTED OFFICIALS Councilwoman 6 Abby Katz 1/1/2020 thru 12/31/2023 Town Clerk 7 Christina 1/1/2020 thru Battalia 12/31/2023 Town Justice 6 Jean 1/1/2020 thru Marie 12/31/2023 Brescia APPOINTED OFFICIALS The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye I Christina Battalia,Town Clerk for the Town Board of the Town of Mamaroneck, of the State of New York,do hereby certify that I have compared the foregoing with the original resolution passed by the Mamaroneck Town Board on August 19, 2020, on file as part of the minutes of such meeting, and that same is a true copy thereof and the whole of such original. Affidavit of Posting: I, Christina Battalia, being duly sworn, disposes and says that the posting of the Resolution began on and continued for at least 30 days.That the Resolution was available to the public on the 1) the Employer's website at www.townofmamaroneckNY.org 2) Official sign board at 740 W. Boston Post Road, Mamaroneck, NY 3)Town Clerk's Office, 740 W. Boston Post Road, Mamaroneck. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Mamaroneck. Christina Battalia, Mamaroneck Town Clerk Pape 91 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: Authorization - MOU Westchester Power ATTACHMENTS: 1. 2020-8-14 memorandum on Community Aggregation program renewal 2. 2020-8-14 Westchester_Power 2020-08- 11Joint_Electeds Session2 Fixed Vs_Variable_decision 3. 2020-8-14 2020 CON ED MOU Westchester Power Paoe 92 of 113 Memorandum To: Supervisor and Town Board Re: Authorization-Memorandum of Understanding Westchester Power-Community Choice Aggregation Program Date: August 14, 2020 The current memorandum of understanding(MOU) for the Community Choice Aggregation will expire in December of 2020 and it is now time to consider the renewal of the agreement. You will recall that under this program Sustainable Westchester solicited bids from qualified ESCOS to provide alternative sources of electricity to those communities that participate in the program. Those ESCOS submitting bids were required to provide pricing at a maximum amount per kilowatt hour The ESCOS were also required to provide a green electric alternative in their bids. Sustainable Westchester is now preparing to solicit bids in September for the program that will commence in 2021. In order for the pricing of an ESCO to be compliant with the program, it must be at or below 7.65 cents/kilowatt hour. That price is based upon a weighted average for electric rates over a given period. There were some concerns with the program this past year due to the reduction experienced in energy prices this past year. For that reason, Sustainable Westchester evaluated a fixed rate alternative and a variable rate alternative. Attached is a presentation that explains the thinking behind both alternatives. The presentation explains in detail the evaluation of both alternatives. After review, it would appear that all the communities in the program are moving forward with the fixed rate alternative. The consensus was that energy prices that were depressed due to the pandemic are already beginning to rebound. Also, the volatility of energy prices due to world events was another reason to follow the more conservative approach of the fixed rate alternative. Attached is the proposed MOU for your consideration. If this is acceptable and the Board wishes to renew its participation in the program, I will require your authorization to execute the MOU. Stephen V. Altieri Town Administrator Paae 93 of 113 8/11/2020 SUSTAINABLE WESTCHESTER .._. ...., . i ,_,....____ _, ,. .__ 1 ++ li. 1S it eg 1. ' • + _ Clean Transportation r Was ' �. Project F -..1/ .1 `-' - -� /'fi -; SUSTAINABLE www,sustainablewestchester.org __WESTCHESTTER 'f.;.Westchester .•�. Power GAEGAO1:',A ITOMt G— A PROGRAM OF SUSIAINABEE WESTJIE T.' 2020 CCA Renewal Discussion Today's Goal: Finalizing the MOU - Variable / Fixed Rate Option Decisions Positioning our communities for continued environmental progress August 5,2020 1 Pape 94 of 113 8/11/2020 CLIMATE CHANGE - A RENEWABLE IMPERATIVE • Natural disasters occurring more frequently o affecting the health of people o escalating costs experienced • Air quality and pollution/environmental contamination • Environmental justice and equity • Need for immediate action • Dynamic systems approach --" SUSTAINABLE I7 WESTCHESTER WHERE WE LEFT OFF: "PRICE-NOT-TO-EXCEED" BENCHMARK Reasonably conservative: More aggressive: Other Discussions: Our current price 7.81 -2 mils below our 24-month indicative Non-fixed rates,with partial variable 7.96 cents-Our current rate is 7.96, portion indexed with market we could ask for suppliers to come in In last contract, the winning bid under our current rate. came in a quarter of a cent less Less than 100%NYS Hydropower than the all-in indicative pricing. RECs(National RECs?Won't be able to claim full green benefit) 7.65-lowest indicative price(12 month contract) Question raised: Would a variable rate format yield a rate closer to the trailing Con Ed average? 2 Paae 95 of 113 8/11/2020 FIXED RATE NOT-TO-EXCEED PRICE Sustainable Westchester is recommending to set the "not to exceed" price at the 7.65 cent level • "Least common denominator" • There was some support for the 7.81 cent level as leaving more room for longer contract terms, but there is still a chance for that with the lower price. • With a one year contract, renewal activity would come quickly, but we can manage that. SUSTAINABLE ,WESTCHESTER FIXED vs VARIABLE RATE • Fixed rates are typically chosen in a market which is rising overall (typical commodity market). • Variable rates are looking more closely at the risk of missing falling market rates (nobody is happy with variable rates when the market goes up) SUSTAINABLE lir WESTCHESTER 3 Paae 96 of 113 8/11/2020 FIXED vs VARIABLE RATE Can a municipality make the fixed / variable decision after the bids are in? • No — because bids are calculated against the specific loads of municipalities in that bid • Our goal is to provide the information you need to make that decision today • We will assume fixed unless you tell us today that you want to go with variable rates --"* SUSTAINABLE �7 WESTCHESTER Drivers For Interest In Exploring Variable Rate Option Residential Rate Comparison-Con Ed and WP 1200 10.00 6.00 700 0.00 III 11111111111 1. Can we decrease the divergence with utility rates? 2. Can we lower resulting bid price and bring usefully closer to trailing average? 4 Paae 97 of 113 8/11/2020 VARIABLE RATE - WHAT VARIES? Energy Commonly, variable rate products may pass (LMBP) through market charges for energy (kWh), or sometimes capacity. Capacity Ancillaries etc. Capacity:all suppliers must guarantee that they can deliver enough power at the peak demand to collectively kWh Supply keep the grid running. charge cost SUSTAINABLE elements lig WESTCHESTER VARIABLE RATE - APPROACHES Fully indexed Block and index Fixed—what we do now f 'moi A block or blocks of power are All market charges passed through purchased at a fixed rate or reflected (hedged) Green: actual usage ... and the rest(firming) is at Blue line: purchase market strategy result Con Ed hedges so we will too How and how much SUSTAINABLE I# WESTCHESTER 5 Paae 98 of 113 8/11/2020 JANUARY 1 MARKET PRICE VS TODAY Key question 2 from slide 8: can we get a lower starting price with a variable rate? • No matter variable or fixed, the pricing for a 1 , 2 year etc term starting Jan 1 is based on the futures market, not today's price or the trailing average. • Some variable price formats might result in a slightly lower starting price, but its still based on that futures market price. '^' SUSTAINABLE I7 WESTCHESTER EXECUTABILITY - KNOWN INDEX LOCATION BASED MARGINAL PRICE (LMBP) 4 - - , OASIS(Open Access Same-Time Information System) PW:w�g Thr s'' rrc Ui r.�� Pricing Data Day Ahead Market(DAM)LBMP Day-Ahead Market LBMP-Zonal _[n al al P-2< Genet ata P-26 Note 1: Dates with corrected prices are displayed with green links.Updates for Real-Thee Market LBMP both missing data and presentation are displayed with an;:Gail P-24A Note 2: Updated historical LBMPs have been posted in the archived files section. Generate P.24s Trine-We l teeantepratetl Reel.Time LBMP CSV Files HTML Files PDF Files Last Updated ZWAI<,enetata P-46 08-12-202Q 08-12-2020 98-12-2020 08 1120 09:37 EDT Ancillary service prices 98-11-2020 08-11-201'Q 08-11-2020 08.1020 10:18 EDT Realrr*e Market P.es 08-10-202Q 08-10-2020 08-10-2020 08 09.20 09:36 EDT [;37-Aneae trarkel P.e na-na-)win na-no-,n7A na.no_Nnn AR AR no to Fnr ' SUSTAINABLE M7 WESTCHESTER 6 Paae 99 of 113 8/11/2020 SMOOTHING VIA PERIODIC ADJUSTMENT Sample Rate Graphic - We're recommending six months 14 13 - Averages out spikes—will diverge, 12 but come back together 10 • - If the actual LMBP values end up 9 lower than the benchmark value from 8 the bid, the WP rate would decrease 7 '•,•�� in the following period accordingly 6 • - If the actual LMBP values are higher, 1 2 3 4 5 6 7 8 9 1011 1213 1415 16 17 18 19 20 2122 23 24 the WP rate would increase. Contract Months - WP rate trails Con Ed movements but both trend with the market —Mock WP Rate MockU9tyRate SUSTAINABLE WESTCHESTER RECOMMENDED STRATEGY - ADJUST PER LMBP CHANGE AGAINST 50% OF ENERGY Variable Price Energy I (e.g. 50% of Everything is fixed, but then (LMBP) -` LMBP) adjustments made based on LMBP change versus bid Capacity - Fixed Price benchmark LMBP Ancillaries kWh Supply charge cost SUSTAINABLE elements r WESTCHESTER 7 Paae 100 of 113 8/11/2020 EXAMPLE ADJUSTMENT - LMBP GOES UP Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 a Monthly kWh 66,000,000 88,000,000 89,000,000 69,000,000 51,000,000 47,000,000 b Fixed kWh 33,000,000 44,000,000 44,500,000 34,500,000 25,500,000 23,500,000 c Index kWh 33,000,000 44,000,000 44,500,000 34,500,000 25,500,000 23,500,000 d Cumulative Total kWh in Period 66,000,000 154,000,000 243,000,000 312,000,000 363,000,000 410,000,000 e Benchmark LMBP price from bid 50.03000 $0.03000 $0.03000 50.03000 $0.03000 50.03000 f Monthly weighted actual LMBP 50.03200 $0.03700 $0.03900 50.03700 $0.03600 $0.04000 g Change in LMBP vs benchmark 50.00200 $0.00700 50.00900 50.00700 $0.00600 50.01000 h Monthly Credit or Charge Price Adj $66,000 $308,000 $400,500 $241,500 $153,000 $235,000 i Credit/Charge Cumulative $66,000 $374,000 $774,500 $1,016,000 $1,169,000 $1,404,000 j Projected next period total kWh: 500,000,000 $/kWh Price Adj to Customers(i/j) 50.00281 .- ' SUSTAINABLE 7 WESTCHESTER MOU/AUCTION IMPLICATIONS - Two MOUs: o one for fixed rate supply auction o one for variable rate option - Two Auction days o one for fixed and one for variable o both auction days will have multiple auctions • fixed rate component for different terms (e.g. 1 year, 2 year, 3 year) • for the entire load of each rate structure • for residential and commercial only • for 20,000 or 25,000 kWhs groups 8 Paae 101 of 113 8/11/2020 Thanks! Again, we will assume that municipalities are going with fixed rates unless we hear from you today that you want to opt for variable. If so - Please email: dan@sustainablewestchester.org SUSTAINABLE WESTCHESTER Additional slides from last session In case we want to refer back SUSTAINABLE lir WESTCHESTER 9 Paae 102 of 113 8/11/2020 INDICATIVE PRICING Indicative Pricing(in Cents) Contract Length 12 24 36 (in Months) Indicative price quote 7.00 7.26 7.95 Less adjustment for increasing NYS RPS 0.075 0.121 0.163 Normalized for comparing to historic 6.93 7.14 7.79 The indicative pricing is showing that market rates are going up. Longer contracts will result in higher rates, but more long-term rate stability in a time of uncertainty. SUSTAINABLE 111, WESTCHESTER INDICATIVE PRICING: GREEN ENERGY (RECS) 12 Months 24 Months 36 Months NY Low Impact Hydro 0.65 0.75 0.85 (in Cents) Effective net price after 0.623 0.703 0.780 deducting RPS purchase NYS hydropower RECs have significantly increased in price,more than doubling from our current price point of 0.25 cents. "' SUSTAINABLE I7 WESTCHESTER 10 Paae 103 of 113 8/11/2020 INDICATIVE PRICING VS. PRICING TARGETS Indicative prices Con Ed Averages Power + RECS 12 24 36 12 24 36 Months Months Months Months Months Months Trailing Trailing Trailing Indicative 7.65 8.01 8.80 Residential 5.80 6.84 7.32 totals Adjusted for RPS 7.55 7.842 8.57 Commercial 5.66 6.54 7.17 for comparison Due to historically low utility rates, using trailing averages may not yield compliant bids. SUSTAINABLE 4'WESTCHESTER GREEN POWER MARKET PRICES - 1 YEAR ciediichOicc I Energy,Ethical too' O Min Term:12 Month(s) $0.073 per kWh Fixed Electric,Clean Solar.Wind Energy Option $51.10 per month Green Mountain 100k O Energy Company Min Term:12 Monthts) $0.087 per kWh Fixed Wind $60.90 per month 100%] roele 0 O Mpower Energy,LLC Min Term:12 Months) $0.105 per kWh Fixed Hydroelectric $73.50 per month 100 city Powers Gas. $0.1094 r Biomass, O Min Term:12 Monthlsl Fixed LLC kWh Hydroelectric.Solar, $76 55 per month Wind • SUSTAINABLE `V WESTCHESTER 11 Paae 104 of 113 8/11/2020 GREEN POWER MARKET PRICES - 2 YEAR [View Details) Green Mountain 100% 0 O Min Term: 24 Month(s) $O.087 per kWh Fixed Energy Company Wind $60.90 per month (Vte.. Dc=t=iK] Alpha Gas and $0.1499 per 100% O Min Term:24 Month(s) Fixed Electric, LLC kWh Wind $104.93 per month SUSTAINABLE W WESTCHESTER 7111111 REVERSE AUCTION • Pits suppliers against each other in real- time bidding • Total transparency allows stakeholders to I, view the bidding process • Attract more bidders (added 2 to NYSEG proceedings) _ • Record of proceedings �. .M .•M �M wy i!••Y..is le nw • Potential to bid in smaller aggregations r: u 0,140 YAW to maximize qualified bidders '' SUSTAINABLE I7 WESTCHESTER 12 Paae 105 of 113 8/11/2020 KEY DATES/MILESTONES: CON ED yAugust - Memorandum of Understanding (MOU) signed yEarly Septembe, - Request for Proposal Process begins yEarly Novembei - Notification Letters mailed IIM January 1, 2020 - Enrollment begins SUSTAINABLE WESTCHESTER Action At All Levels: NY State Energy Plan 44 4.i Leading the Nation gr• And the World .}11,Tti ''7 NErWYORK NYSERDA - OF STUN r — in Climate Action Westchester Power established the model for community energy in NYS Positioning for grants; "seat at the table" SUSTAINABLE ,7 WESTCHESTER 13 Paae 106 of 113 8/11/2020 ENVIRONMENTAL PROGRESS gib O Leit X OR t 4 Program-wide 670,454 144,847 11 .1 million Con Ed 619,659 133,873 10.2 million O metric tons of CO2 mitigated O cars taken off the road for 1 year STNABLE 0 tree seedlings grown for 10 years �'tr WESTDIESTER x FUTURE FACING: OWNING OUR ENERGY Mission/goals How to get there * 100% Clean, renewable energy y 100%CLEAN: Physical constraints in Westchester require new transmission capacity;we're not NYC and * Equity & Environmental Justice we're not upstate. > EQUITY: community ownership,guaranteed savings * Price control v PRICE CONTROL: long term contracts. de-risking, diversify ri f gAt ,/�- —• Contract structures and ownership models 1, � Ai• 4.__ will be key to fully leveraging our aggregated strength 14 Paae 107 of 113 CCA MOU -CON ED 2020-08-11 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between: Sustainable Westchester,Inc., a New York non-profit corporation ("Sustainable Westchester"), and the City/Town/Village of (the "Municipality"), a local government member of Sustainable Westchester (each a"Party" and collectively, the "Parties"). 1. Background: a. In February 2015, the New York Public Service Commission issued an Order for Case 14-M-0564 as follows: "The Petition of Sustainable Westchester is granted to the extent that its municipal members are authorized to undertake a Community Choice Aggregation demonstration project consistent with the discussion in the body of this Order..." b. The PSC subsequently issued an Order for Case 14-M-0224 on April 21, 2016, which authorized Community Choice Aggregation("CCA")throughout New York State (the"CCA Order")and on November 15,2018 issued the "Order Approving Renewal of the Sustainable Westchester Community Choice Aggregation Program" reauthorizing the Sustainable Westchester CCA program under a Master Implementation Plan. c. Sustainable Westchester's CCA Program enrolled customers from an initial group of 20 participating municipalities in April 2016. Since then, seven additional municipalities have joined and several other municipalities are actively working towards participation. d. For municipalities in the Con Edison utility territory, the current Electric Service Agreement for the Sustainable Westchester CCA Program will terminate on December 31, 2020 e. In compliance with the PSC CCA Orders, the Municipality has adopted local legislation to enable Community Choice Aggregation. f. As a member of Sustainable Westchester in good standing and participant in the Sustainable Westchester CCA Program, the Municipality wishes to continue to engage the services of Sustainable Westchester as the Program Manager for Community Choice Aggregation for the Operation and Maintenance of the Program. 2.Definitions: a. Eligible Customers—Residential and small commercial consumers of electricity who receive Default Service from the Distribution Utility as of the Effective Date, or have been served by the program under the 2019 ESA and have not opted-out,or "Newly Eligible Consumers"that subsequently become eligible to participate in the Program, at one or more locations within the geographic boundaries of the Municipality, except those consumers who receive Default Service and have requested not to have their account information shared by the Distribution Utility. For the avoidance of doubt, all Eligible Consumers must reside or be otherwise located at one or more locations within the geographic boundaries of the Municipality, as such boundaries exist on the Effective Date of this ESA. b. Community Choice Aggregation Program or CCA Program or Program—A municipal energy procurement program,which replaces the incumbent utility as the Page 1 of 4 Paae 108 of 113 CCA MOU -CON ED 2020-08-11 default Supplier for all Eligible Customers within the Participating Municipality, as defined in the PSC CCA Orders. c. Competitive Supplier: An entity duly authorized to conduct business in the State of New York as an energy service company("ESCO")that procures electric power for Eligible Customers in connection with this CCA Program. d. Compliant Bid: Electric power supply bid from a Competitive Supplier that meets the requirements specified in this MOU and the 2021 ESA. A Compliant Bid price must be inclusive of fees owed to Program Manager and be less than: i. Residential accounts: 7.65 cents/kwh; ii. Small commercial accounts: 7.65 cents/kwh e. Distribution Utility: Owner or controller of the means of distribution of the natural gas or electricity that is regulated by the Public Service Commission in the Participating Municipality. f. Electric Service Agreement("ESA"): An agreement that implements a CCA Program and contains all the terms and conditions of the Program. g. 2019 ESA: The ESA which implemented the Sustainable Westchester CCA Program during the period from January 1, 2019 to December 31, 2020. h. 2021 ESA: The ESA which will implement Sustainable Westchester CCA Program commencing January 1,2021 for the Con Edison service territory. The 2021 ESA shall have substantially the same terms outlined in the attached 2019 ESA Template (Attached as Exhibit 1). The 2021 ESA Template tracks as closely as possible to the • 2019 ESA in its content,with only minor changes regarding supplier data requirements, , additional clarification regarding NY renewable energy certificate registration,provision for recovering any NYS subsidy for CCA purchase of renewable energy certificate if such subsidy comes into force after contract signing, and deletion of the optional time-of-use product. i. CCA Orders: Collectively,the February 26,2015 "Order Granting Petition in Part" issued by the PSC in Case 14-M-0564; the April 21,2016 "Order Authorizing Framework for Community Choice Aggregation Opt-out Program" issued by the PSC in Case 14-M-0224, which sets forth the requirements,terms, and conditions under which CCA programs can proceed through implementation; and the November 15, 2018 "Order Approving Renewal of the Sustainable Westchester Community Choice Aggregation Program" issued by the PSC in Case 14-M-0564,which reauthorizes the Sustainable Westchester CCA program under a Master Implementation Plan. j. Qualifications Review: A verification of the status of the Competitive Supplier as an electricity supplier in the Distribution Utility's service territory. A precondition for attaining such status is that Competitive Supplier has met the credit requirements established by the New York Independent Systems Operator. k. Participating Municipality: A dues-paying municipal member of Sustainable Westchester, which has adopted the applicable local legislation for the Community Choice Aggregation Program. 1. Program Manager: Sustainable Westchester, a non-profit corporation of which the Participating Municipality is a member. Page 2 of 4 Paae 109 of 113 CCA MOU -CON ED 2020-08-11 m. Public Service Commission("PSC"): The New York State Public Service Commission or the New York State Department of Public Service acting as staff on behalf of the Public Service Commission. 3. Purpose: The purpose of the Memorandum of Understanding is as follows: a. To establish participation by The Municipality(hereafter,the"Participating Municipality") in a Community Choice Aggregation Program(hereafter, the "Program")that will be managed on its behalf by Sustainable Westchester, (hereafter,the "Program Manager")under the 2021 ESA. b. To affirm that the Participating Municipality and Program Manager agree to adhere to the terms and conditions of the 2021 ESA in the event they execute it. c. To affirm that the Participating Municipality and Program Manager agree to execute the 2021 ESA, subject to the conditions of review and approval outlined in 4(c) and 5(a), below. 4. Roles and responsibilities of the Program Manager: As Program Manager, Sustainable Westchester agrees to perform all duties outlined in the 2021 ESA and,prior to execution of that agreement, Program Manager agrees to: a. Provide the involved agencies and parties to the PSC CCA Orders, including,but not limited to,the Public Service Commission and Distribution Utility,requested information about and documentation of the actions undertaken by the Participating Municipality in furtherance of enabling participation in the Program; b. Manage the energy procurement bidding process including: i. the identification and notification of potential firms seeking to be the Competitive Supplier, ii. the management of the Request for Proposals ("RFP")process from preparation of the content to the publication of the RFP and management of firms responding to the RFP, iii. the preparation of the 2021 ESA that will be included in the RFP, iv. the acceptance, secure opening, and review of the responses to the RFP, and v. the organization of the Qualifications Review and bid evaluation, all in a manner that is transparent to the Participating Municipality and firms seeking to be the Competitive Supplier; c. Sign the 2021 ESA in a timely fashion subject to the conditions that: i. the Competitive Supplier is deemed qualified for the duration of the 2021 ESA by the Qualifications Review, and ii. such Competitive Supplier's response to the RFP is deemed by the Program Manager to be a Compliant Bid as defined in Section 2 above. d. Fulfill any other responsibilities as may reasonably adhere to facilitating the implementation of the Program, subject to the Program Manager's inherent and original role as an organization driven by the deliberated priorities of its constituent member municipalities. 5. Roles and responsibilities of the Participating Municipality: the Participating Municipality agrees to: a. Sign the 2021 ESA for the Standard Product/ 100%Renewable Clean Power Product [select one and initial] as the Default Product for its residents and small businesses, in a timely fashion, subject to the conditions that: Page 3 of 4 Paae 110 of 113 CCA MOU- CON ED 2020-08-11 i. the Competitive Supplier is deemed qualified for the duration of the 2021 ESA by the Qualifications Review, and ii. such Competitive Supplier's response to the RFP is deemed by the Program Manager to be a Compliant Bid as defined in Section 2 above. 6. Term and Termination: Memorandum of Understanding shall expire on the earlier of December 31, 2020 or the date on which the 2021 ESA is signed by the Participating Municipality,the Program Manager, and the selected Competitive Supplier. Participating Municipality shall have the right to terminate this Memorandum of Understanding for any of the reasons set forth in the Termination section of the ESA attached hereto as Exhibit 1. *** IN WITNESSETH WHEREOF,the Parties have signed this MEMORANDUM OF UNDERSTANDING on the day and year appearing below their respective signatures. City/Town/Village of Authorized Official Name and Title: Signature: Address: Telephone(s): E-Mail Address: Address for Notices: Sustainable Westchester, Inc. Authorized Official Name and Title: Steven Rosenthal, Interim Executive Director Signature: Address: 40 Green Street, Mount Kisco,NY 10549 Telephone(s): (914)242-4725 E-Mail Address: steve@sustainablewestchester.org Address for Notices: 40 Green Street, Mount Kisco,NY 10549 Attachments: Exhibit 1, 2021 ESA Template Page 4 of 4 Paae 111 of 113 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: August 19, 2020 SUBJECT: Authorization to Appoint an Assistant Court Clerk ATTACHMENTS: 1 . Authorization to Appoint an Assistant Court Clerk Paoe 112 of 113 oil 90 Town of Mamaroneck Z _ m Town Center •FOUNDED 1661 x 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: (914) 381-7812 OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckny.org TO: Stephen Altieri, Town Administrator Nancy Seligson, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Deputy Town Administrator DATE: August 14, 2020 SUBJECT: Authorization to Appoint an Assistant Court Clerk Authorization is requested to appoint Dominique Patterson to the full-time position of Assistant Court Clerk at an annual salary of$61,210, effective August 20, 2020. The position is vacant due to a recent resignation. The 2020 budgeted figure for the position is slightly higher than the stated salary, which would result in reduced expenses. The Assistant Court Clerk is a competitive Civil Service position and Ms. Patterson is reachable on the list. If appointed, Ms. Patterson would be required to serve a fifty-two (52) week probationary period. Ms. Patterson obtained a Bachelor of Science degree from Monroe College and majored in Criminal Justice. Her most recent position was with the Village of Port Chester where she held the position of Assistant Court Clerk for almost two (2) years. Prior to that, Ms. Patterson worked at the Town of Greenburgh and was an Assistant Court Clerk for more than six (6) years. Judge Bresia and Judge Meister interviewed Ms. Patterson and are recommending that she be appointed to the position. It is anticipated, given her extensive municipal court experience, Ms. Patterson will have a positive impact on the overall operations of the Town Court. ACTION REQUESTED: That the Town Board approve the probationary appointment of Dominique Patterson to the position of Assistant Court Clerk at an annual salary of$61,210, effective August 20, 2020. Page 113 of 113