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HomeMy WebLinkAbout2020_09_23 Town Board Meeting Packet 0 47 O p w m _ n FOUNDED 1661 TOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, September 23, 2020 TOWN BOARD WORKSESSION: Work Sessions of the Town Board are public meetings. The public is able to view the work sessions on local municipal access television channels (Cablevision 76 or Verizon 35) or on https://lmcmedia.org/, however, there is no public commentary. Opportunity for public comments is provided during the regular Town Board meetings when citizen comments are requested or when public hearings are held. 5:00PM THE TOWN BOARD WILL DISCUSS: 1. Rock Removal Law/Rock Removal Moratorium 2. Cellular Tower Moratorium 3. Racial Equity Task Force 4. Proposed IMA Village of Mamaroneck - Hommocks Road Sewer 5. Budget Administration Policy 6. Westchester County Mobility Focus Group 7. Affordable Housing/Floor Area Ratio Review 8. New Business 9 Executive Session 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 8:00PM CALL TO ORDER - The public may view the regular Town Board meeting on local municipal access television channels (Cablevision 76 or Verizon 35), on https://lmcmedia.org/, or via zoom https://us02web.zoom.us/j/83843453315?pwd=bmJVZHdhRU51 ZIRSYzZ5bjBpNk55UT09 Passcode: 249759 During a public hearing or the citizens' comment section, residents may "raise their hand" in Zoom to be granted access to speak directly to the Town Board. Those who are viewing the meeting on local municipal access television or LMC Media's website may submit their comments or questions to publicgc@townofmamaroneckny.org. 1. Appointment - Coastal Zone Management Commission Paae 1 of 108 2. Authorization - IMA Village of Mamaroneck - Hommocks Road Sewer 3. Amendment to Town Administrative Manual - Budget Administration Policy 4. Ratification - Stipulation of Agreement - CSEA Collective Bargaining Agreement 5 Authorization - Unmet Need State Funds Contract for III-B Transportation Overserved Services: PY 2019-2020 6 Authorization - Health Department Permit for The Home Delivered Meals Program Authorization - Health Department Permit for the Senior Nutrition Plan 7. Consideration of Certiorari 8. Resolution - Amend Vehicle and Traffic § 219-44 9. Set Public Hearing - Re-Designation of Town Parking Lots REPORT OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETING - October 7, 2020 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Paae 2 of 108 Q 4 111 ° o Town of Mamaroneck Ino County of Westchester FOUNDEDD 1 6 E t7' 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. Alfieri,Town Administrator Christina Battalia,Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Rock Removal Date: September 18,2020 I attach a redline version and a'clean' revised proposed law. The revisions made after the September 9, 2020 are twofold. First, the proposed law intr9duces a third party monitor who will be on-site while rock is being pulverized or carted away. It is felt that a monitor puts someone in charge of making sure that rock removal is done in compliance with the law(especially,the hours of work)and gives neighbors a person to whom questions and concerns can be directed. The second change is the '45-day respite'. It prohibits the Building Department from issuing a P&R Permit to any property within 600 feet of a property for whom a P&R Permit was issued within the preceding 45 days.. �t �A ,9 rte-, () Printed on Recycled Paper Page 3 of 108 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 pulverizing and removing rock by mechanical means 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 from drilling and pulverizing rock and its removal from the site, and the need to decrease the number of hours per day when such activities may take place. 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 pulverizing and removing rock. 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 blasting shall not be considered mechanical means. MONITOR A person, unaffiliated with either the owner of the subject property or the person pulverizing rock on and/or removing it from the subject property and acceptable to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, who will be present at a subject property that either has been approved for the construction of a residence pursuant to chapter 178 of the Code of the Town of Mamaroneck or from which it is reasonably anticipated that rock in an amount greater than three hundred (300)cubic yards will be pulverized or removed. The monitor's responsibility is to assure compliance with the P&R Permit and this Page 4 of 108 section, The person to whom the P&R Permit is issued shall be responsible for paying the monitor's fee. ORIGINAL INFRASTRUCTURE Streets and curbs, and the lines, pipes, culverts and conduits used for transporting potable water, storm water, sewage and utilities, such as gas, telephone, electricity, cable television and Internet service,that are built on land subdivided after February 1, 2004, if the subdivision plat creating the lots in that subdivision also created one or more new private or public streets or created extensions to any existing private or public street. PERMITTED HOURS AND DAYS FOR PULVERIZING ROCK The seven hours between 9:00 a.m. (prevailing time) and 4:00 p.m. (prevailing time) on days other than Saturdays, Sundays and the public holidays listed in §24 of the New York General Construction Law, except in those situations where section 106- 58.1 K governs the time allowed for pulverizing rock. PERMITTED HOURS AND DAYS FOR REMOVING ROCK FROM A SUBJECT PROPERTY The eight hours between 9:00 a.m. (prevailing time)and 5:00 p.m. (prevailing time), on days other than Saturdays, Sundays and the public holidays listed in §24 of the New York General Construction Law except in those situations where section 106- 58.1 K governs the time allowed for removing rock from a subject property. P&R PERMIT A permit issued for pulverizing rock on, and/or removing pulverized rock from, a subject property. PULVERIZING ROCK The drilling andL the reduction in size of rock by mechanical means in any residence district or in the Recreation District of the Town. REMOVAL The carting away of rock that has been pulverized from a subject property. IRESTRICTED AREA 2 Page 5 of 108 The area encompassed by the six hundred (60Q) linear feet from each of the lot lines and corners of property for which a P&R Permit is issued. RESTRICTED PERIOD The forty-five (45) calendar days from the last day on which pulverizing rock was permitted on a property lying within the restricted area. ROCK Naturally occurring stone. "Rock" does not include impervious concretions created by humans such as macadam, concrete and bricks. SUBJECT PROPERTY A lot for which a P&R Permit is required, or land where the construction of original infrastructure is to occur if such land lies outside a lot. B. A P&R Permit is required for pulverizing and/or removing from a subject property any quantity of rock. No P&R 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 P&R Permit is made. The dust mitigation plan also must present the measures the applicant intends to use to control water runoff as a result of water spraying. In the sole discretion of the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, air quality sampling may be required during the course of rock removal. C. Other than for the construction of original infrastructure, pulverizing rock and removing it from a subject property shall be allowed only during permitted hours and only on the first 15 days when such work is permitted, starting on the date specified for the commencement of such work contained in the notice to neighbors described in§106-58.1 G. Rock shall not be pulverized or removed from the subject property unless the monitor is present. The P&R Permit shall contain the date after which pulverizing and removing rock no longer will be allowed to be done. 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 pulverized and removed from a subject property 3 Page 6 of 108 for up to five additional days. If the number of additional days include a day or days on which such work is prohibited by this section, the extension period will bypass such days and resume on the first day thereafter when pulverizing and removing rock is permitted by this section. D. For the construction of original infrastructure, pulverizing rock and removing it from a subject property shall be allowed only during permitted hours and only for the first 180 days starting on the date specified for the commencement of such work contained in the notice to neighbors described in §106-58.1 F. Rock shall not be pulverized or removed from the subject property unless the monitor is present. The P&R Permit shall contain the date after which pulverizing and removing rock removal no longer will be allowed to be done. Under no circumstances may work pursuant to a P&R Permit in connection with the construction of original infrastructure extend beyond the one hundred-eightieth day (180th) day specified for the commencement of such work in the notice to neighbors described in§106-58.1 F. E. Before work pursuant to a P&R Permit can begin, the applicant shall have a survey done 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.Such survey must be done by an entity regularly engaged in conducting tests or furnishing inspection services that is approved by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration. 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. F. Notice to neighbors;affidavit of mailing. (1) No later than 10 days before work pursuant to a P&R Permit 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 work that is not the construction of original infrastructure: "Dear Neighbor, Rock from the property known as[INSERT THE STREET ADDRESS OR THE LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] will be pulverized by 4 Page 7 of 108 mechanical means, such as drills, jackhammers and other types of gas, diesel or electric powered equipment and removed from this property by dump trucks or similar vehicles. Work is scheduled to begin on [INSERT THESTARTING DATE FOR WORK TO BE DONE PURSUANT TO A P&R PERMIT]. The last day on which rock can be pulverized by mechanical means or removed from this site is [INSERT THE LAST DATE ON WHICH WORK DONE PURSUANT TO THE P&R PERMIT CAN OCCUR]. Upon a showing of undue hardship b the permit holder, rock may be pulverized or removed from the site, or both, for up to five (5) additional days. Depending upon the quantity of rock to be pulverized and removed, the person performing the work may be responsible for having an independent monitor on site to assure compliance with the law. You may call the Town Building Department at 914-381-7830 to learn whether a monitor is required in this case. 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 work begins so that you may be able to determine whether and to what extent, the work 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 allow rock to be drilled or pulverized by mechanical means on Saturdays, Sundays or public holidays,or before 9:00 a.m.(prevailing time)and after 4:00 p.m. (prevailing time)on those days when such work is permitted. The law also does not allow the rock that has been pulverized to be removed from the site on Saturdays,Sundays or public holidays or before 9:00 a.m. (prevailing time) and after 5:00 p.m. (prevailing time) on those days when removal of rock 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 from the property known as [INSERT THE STREET ADDRESS OR THE LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] will be pulverized by mechanical means,such as drills,jackhammers and other types of gas, diesel or electric powered equipment and removed from this property by dump trucks or similar vehicles. Work is scheduled to begin on [INSERT THE STARTING DATE FOR WORK TO BE DONE PURSUANT TO THE P&R PERMIT]. The last day on which rock can be pulverized by mechanical means or removed from 5 Page 8 of 108 this site is [INSERT THE LAST DATE ON WHICH WORK DONE PURSUANT TO THE P&R PERM1TCAN OCCUR]. Depending upon the quantity of rock to be pulverized and removed, the person performing the work may be responsible for having an independent monitor on site to assure compliance with the law. You may call the Town Building Department at 914-381- 7830 to learn whether a monitor is required in this case. 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, the work 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 allow rock to be drilled or pulverized by mechanical means on Saturdays, Sundays or public holidays,or before 9:00 a.m.(prevailing time) and after 4:00 p.m. (prevailing time)on those days when such work is permitted. The law also does not allow the rock that has been pulverized to be removed from the site on Saturdays,Sundays or public holidays, or before 9:00 a.m. (prevailing time) and after 5:00 p.m. (prevailing time)on those days when removal of rock 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) A certificate of mailing issued by the United States Postal Servicer-affidavit showing that the mailing was done in time to comply with this section must be filed with the Building Department before a rock removal permit can be issued for the subject property. - . - - . . - . : : . . - . - . . . . . . ' . G. Rock crushing on the subject property is not permitted at any time. H. There shall be no more than two machines on the subject property having drills or hammers operating at the same time. I. Motor vehicles used to transport particulate matter must be covered. J. 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 6 Page 9 of 108 secured tarps or coverings made of plastic or other material to further reduce dust emissions. K. Notwithstanding the prohibition on doing work pursuant to a P&R Permit on Saturdays, an individual, acting alone, may do so 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). L. No more than one P&R Permit shall be issued for a subject property within any twelve- month period. M. During the restricted period, no P&R Permit shall be issued for a property that lies within the restrictive area. NI 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 pulverize rock or each time rock is removed from a subject property on a day or at an hour when such activity is prohibited by this section shall constitute a separate offense. NO. 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$1,000,and also shall be liable for the civil penalty imposed by § 106-55C of the Code. 9P. This section shall not apply to public utility companies, the United States of America, the State of New York, the County of Westchester, the Town of Mamaroneck, the Mamaroneck Union Free School District, or the Villages of Larchmont, Mamaroneck or any independent contractors engaged by any of them. Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4—Effective Date: This Local Law shall become effective upon its filing with the Secretary of State. August 28$eptember 18,2020 7 Page 10 of 108 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 -Purposez The Town Board continues to monitor the impact of pulverizing and removing rock by mechanical means 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 from drilling and pulverizing rock and its removal from the site, and the need to decrease the number of hours per day when such activities may take place. This revision in the law furthers the goal. motion 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 pulverizing and removing rock. 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 with blasting shall not be considered mechanical means. MONITOR A person, unaffiliated with either the owner of the subject property or the person pulverizing rock on and/or removing it from the subject property and acceptable to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, who will be present at a subject property that either has been approved for the construction of a residence pursuant to chapter 178 of the Code of the Town of Mamaroneck or from which it is reasonably anticipated that rock in an amount greater than three hundred(300)cubic yards will be pulverized or removed. The monitor's responsibility is to assure compliance with the P&R Permit and this Page 11 of 108 section. The person to whom the P&R Permit is issued shall be responsible for paying the monitor's fee. ORIGINAL INFRASTRUCTURE Streets and curbs, and the lines, pipes, culverts and conduits used for transporting potable water, storm water, sewage and utilities, such as gas, telephone, electricity, cable television and Internet service,that are built on land subdivided after February 1, 2004, if the subdivision plat creating the lots in that subdivision also created one or more new private or public streets or created extensions to any existing private or public street. PERMITTED HOURS AND DAYS FOR PULVERIZING ROCK The seven hours between 9:00 a.m. (prevailing time) and 4:00 p.m. (prevailing time) on days other than Saturdays, Sundays and the public holidays listed in§24 of the New York General Construction Law, except in those situations where section 106- 58.1 K governs the time allowed for pulverizing rock. PERMITTED HOURS AND DAYS FOR REMOVING ROCK FROM A SUBJECT PROPERTY The eight hours between 9:00 a.m. (prevailing time) and 5:00 p.m. (prevailing time), on days other than Saturdays, Sundays and the public holidays listed in §24 of the New York General Construction Law except in those situations where section 106- 58.1 K governs the time allowed for removing rock from a subject property. P&R PERMIT A permit issued for pulverizing rock on, and/or removing pulverized rock from, a subject property. PULVERIZING ROCK The drilling and/or the reduction in size of rock by mechanical means in any residence district or in the Recreation District of the Town. REMOVAL The carting away of rock that has been pulverized from a subject property. 2 Page 12 of 108 RESTRICTED AREA The area encompassed by the six hundred (600) linear feet from each of the lot lines and corners of property for which a P&R Permit is issued. RESTRICTED PERIOD The forty-five(45)calendar days from the last day on which pulverizing rock was permitted on a property lying within the restricted area. ROCK Naturally occurring stone. "Rock" does not include impervious concretions created by humans such as macadam, concrete and bricks. SUBJECT PROPERTY A lot for which a P&R Permit is required, or land where the construction of original infrastructure is to occur if such land lies outside a lot. B. A P&R Permit is required for pulverizing and/or removing from a subject property any quantity of rock. No P&R 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 P&R Permit is made. The dust mitigation plan also must present the measures the applicant intends to use to control water runoff as a result of water spraying. In the sole discretion of the Building Inspector or the Director of Building Code Enforcement and Land Use Administration,air quality sampling may be required during the course of rock removal. C. Other than for the construction of original infrastructure,pulverizing rock and removing it from a subject property shall be allowed only during permitted hours and only on the first 15 days when such work is permitted, starting on the date specified for the commencement of such work contained in the notice to neighbors described in§106-58.1 G. Rock shall not be pulverized or removed from the subject property unless the monitor is present. The P&R Permit shall contain the date after which pulverizing and removing rock no longer will be allowed to be done. Upon a showing of undue hardship, the Building Inspector or the Director of Building Code Enforcement and Land Use 3 Page 13 of 108 Administration may allow rock to be pulverized and removed from a subject property for up to five additional days. If the number of additional days include a day or days on which such work is prohibited by this section, the extension period will bypass such days and resume on the first day thereafter when pulverizing and removing rock is permitted by this section. D. For the construction of original infrastructure, pulverizing rock and removing it from a subject property shall be allowed only during permitted hours and only for the first 180 days starting on the date specified for the commencement of such work contained in the notice to neighbors described in §106-58.1 F. Rock shall not be pulverized or removed from the subject property unless the monitor is present. The P&R Permit shall contain the date after which pulverizing and removing rock removal no longer will be allowed to be done. Under no circumstances may work pursuant to a P&R Permit in connection with the construction of original infrastructure extend beyond the one hundred-eightieth day (180th) day specified for the commencement of such work in the notice to neighbors described in§106-58.1 F. E. Before work pursuant to a P&R Permit can begin, the applicant shall have a survey done 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.Such survey must be done by an entity regularly engaged in conducting tests or furnishing inspection services that is approved by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration. 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. F. Notice to neighbors; affidavit of mailing. (1) No later than 10 days before work pursuant to a P&R Permit 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 work that is not the construction of original infrastructure: 4 Page 14 of 108 "Dear Neighbor, Rock from the property known as[INSERT THE STREET ADDRESS OR THE LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] will be pulverized by mechanical means, such as drills, jackhammers and other types of gas, diesel or electric powered equipment and removed from this property by dump trucks or similar vehicles. Work is scheduled to begin on [INSERT THESTARTING DATE FOR WORK TO BE DONE PURSUANT TO A P&R PERMIT]. The last day on which rock can be pulverized by mechanical means or removed from this site is [INSERT THE LAST DATE ON WHICH WORK DONE PURSUANT TO THE P&R PERMIT CAN OCCUR]. Upon a showing of undue hardship b the permit holder, rock may be pulverized or removed from the site, or both, for up to five (5) additional days. Depending upon the quantity of rock to be pulverized and removed, the person performing the work may be responsible for having an independent monitor on site to assure compliance with the law. You may call the Town Building Department at 914-381-7830 to learn whether a monitor is required in this case. 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 work begins so that you may be able to determine whether and to what extent, the work 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 allow rock to be drilled or pulverized by mechanical means on Saturdays, Sundays or public holidays,or before 9:00 a.m.(prevailing time)and after 4:00 p.m.(prevailing time) on those days when such work is permitted. The law also does not allow the rock that has been pulverized to be removed from the site on Saturdays,Sundays or public holidays or before 9:00 a.m. (prevailing time)and after 5:00 p.m. (prevailing time)on those days when removal of rock 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 from the property known as [INSERT THE STREET ADDRESS OR THE LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS]will be pulverized by mechanical 5 Page 15 of 108 means,such as drills,jackhammers and other types of gas, diesel or electric powered equipment and removed from this property by dump trucks or similar vehicles. Work is scheduled to begin on [INSERT THE STARTING DATE FOR WORK TO BE DONE PURSUANT TO THE P&R PERMIT]. The last day on which rock can be pulverized by mechanical means or removed from this site is [INSERT THE LAST DATE ON WHICH WORK DONE PURSUANT TO THE P&R PERMTTCAN OCCUR]. Depending upon the quantity of rock to be pulverized and removed, the person performing the work may be responsible for having an independent monitor on site to assure compliance with the law. You may call the Town Building Department at 914-381- 7830 to learn whether a monitor is required in this case. 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, the work 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 allow rock to be drilled or pulverized by mechanical means on Saturdays, Sundays or public holidays, or before 9:00 a.m. (prevailing time) and after 4:00 p.m. (prevailing time) on those days when such work is permitted. The law also does not allow the rock that has been pulverized to be removed from the site on Saturdays, Sundays or public holidays, or before 9:00 a.m. (prevailing time) and after 5:00 p.m. (prevailing time) on those days when removal of rock 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) A certificate of mailing issued by the United States Postal Service showing that the mailing was done in time to comply with this section must be filed with the Building Department before a rock removal permit can be issued for the subject property. G. Rock crushing on the subject property is not permitted at any time. H. There shall be no more than two machines on the subject property having drills or hammers operating at the same time. I. Motor vehicles used to transport particulate matter must be covered. J. 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 6 Page 16 of 108 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. K. Notwithstanding the prohibition on doing work pursuant to a P&R Permit on Saturdays, an individual, acting alone, may do so 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). L. No more than one P&R Permit shall be issued for a subject property within any twelve- month period. M. During the restricted period,no P&R Permit shall be issued for a property that lies within the restrictive area. 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 pulverize rock or each time rock is removed from a subject property on a day or at an hour when such activity 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 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, or the Villages of Larchmont, Mamaroneck 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 its filing with the Secretary of State. September 18,2020 7 Page 17 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board PROPOSED WIRELESS COMMUNICATIONS CELL TOWER AT BONNIE BRIAR GOLF CLUB TOWN OF MAMARONECK SUSTAINABILITY COLLABORATIVE response to the TOWN OF MAMARONECK PLANNING BOARD September 10, 2020 1 Paae 18 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board FROM: TOWN OF MAMARONECK SUSTAINABILITY COLLABORATIVE 2020.0910 TO: TOWN OF MAMARONECK PLANNING BOARD RE: PROPOSED CELL TOWER AT BONNIE BRIAR GOLF CLUB Chairman Ralph Engel and the members of the Planning Board: The Town of Mamaroneck Sustainability Collaborative would like to thank the Planning Board for the opportunity to comment on the proposed Wireless Communications Tower at Bonnie Briar Golf Club. The Collaborative's all-resident-volunteer members appreciate the Planning Board's willingness to request our participation and receive our analysis.The application documents were distributed to the Collaborative; this report includes the input of more than a dozen members with backgrounds in energy, environmental policy, engineering, sustainable finance, real estate, meteorology, accounting, design and construction. Within the Town of Mamaroneck, the Sustainability Collaborative's role is to advise, assist and implement policies and programs which will advance Resilience, Sustainability and the Quality of Life for the Town of Mamaroneck and its residents. Our report focuses on how the proposed cell tower, and the wireless signals it will distribute,will impact those objectives. Our response is organized into the following subjects: • Wireless Communication Experts,to assist the Planning Board in evaluating the technical aspects of this application • Wireless Communications—from Quality of Life to Community Resilience • The Application's completeness—which may understate the tower's impacts, including the tower's potential use by other carriers and inclusion of other communication services, including police,fire, county or state • Zoning Requirements—violation of the required setback of 1,200 feet from the nearest residence. • View Shadow issues, including alternate locations or use of existing buildings instead of a stand-alone tower • Property Value Impacts on surrounding neighbors due to the Cell Tower's presence • Coverage Gaps may still exist even after cell tower construction, leading to the need for a Town-wide Comprehensive Wireless Coverage Plan • Environmental Impacts—including on birds, neighbors, plants and overhead power lines if tower fails due to icing or extreme winds. The Tower location should be at least 125 feet away from overhead power lines in any direction • New Wireless Technologies, including important differences between 4G &5G • Town of Mamaroneck's Comprehensive Plan Update...including Recreation Zones • The Town's 1995 Wireless Communications Regulations...which require updating(please see the "model code" appended which the Collaborative has developed) Review Summary The Sustainability Collaborative, having reviewed the application and based our analysis, recommends a limited-duration moratorium on all cell tower applications, including the proposed Bonnie Briar Cell Tower, until such time as the Town Board has an opportunity to weigh in on and make the changes required related to the key questions highlighted below. in keeping with our objectives,the Collaborative would like to maximize voice and data service for the greatest number of residents while minimizing adverse impacts. 2 Page 19 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board TABLE OF CONTENTS page 4 Wireless Communication Experts page 5 Wireless Communications—From Quality of Life to Community Resilience page 6 Application Completeness page 7 Zoning Requirements—Setback Violation page 8 View Shadow Impacts page 9 Property Value Impacts page 10 Coverage Gaps page 11 Environmental Issues page 12 Impacts of New Wireless Technologies page 13 Relevance to the Town of Mamaroneck Comprehensive Plan page 14 Updating the Town's 1995 Wireless Communications Regulations page 17 Conclusions 3 Paae 20 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board Wireless Communication Experts, who may be of assistance to the Planning Board Proper analysis of the Cell Tower Application requires a range of technical expertise and "lessons learned" from similar cell tower applications in the region. The evaluation of"view shadow", for instance, requires an understanding of how computer "modeling software" can be manipulated to minimize or conceal the extent of view impacts. While the Collaborative does not have members who would qualify as the sort of experts the Planning Board requires,we propose, for your consideration, the following individuals: Technical Review of the Application Documents: Richard (Dick)Comi,The Center for Municipal Solutions Dick Comi is a former Director of Network Operations New York Telephone and NYNEX and the former Vice President and COO of Cellular One of Upstate New York. His knowledge of the telephone and wireless industries is virtually unique in the arena of consultants that exclusively serve local governments. (518)439-3079 Lessons learned from similar applications in our region: Andrew J. Campanelli, Campanelli &Associates,Attorneys and Counselors at Law Andrew Campanelli is a specialist in cell-tower related applications, reviews and litigation 1757 Merrick Ave #204, Merrick, NY 11566 (516) 746-1600 https://urldefense.proofpoint.com/v2/url?u=https-3A campanellipc.com &d=DwIFAg&c=TQzoP61- bYDBLzNdOXmHrw&r=M HcUf7gXnGZnGgFwzdx7meXldtZFaZrwXmQTnba4Ti0&m=fgTGOs58Au 7spKRkKSk4Fxir BtVinnnVmn27XGNQDw&s=2eVKAz4BwiZ3QZDz9un94TRRy5agYGlArlebr4CGOrY&e= 4 Paae 21 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board Wireless Communications—from Quality of Life to Community Resilience In considering this application,the Collaborative notes that Wireless Communications for consumer use have changed dramatically in the 25 years since the Town last revised its Wireless Communications Regulations in 1995. Although wireless communications might have been considered a "luxury novelty" in the 1990's and early 2000's,the iPhone's introduction in 2007 completely transformed the place of wireless communications in our society and in our community. The dramatic expansion of wireless capabilities,whether delivered through phones, tablets or computers, has expanded wireless communication's role in everyday life and work while also offering the opportunity to increase personal safety in emergencies. The demand for and capabilities of high-quality wireless and wired access have steadily expanded. Used by adults and our schoolchildren as well,this year in particular, as students access data/broadband to take classes from home,these services have become essential to educational progress. Children in the STEM Alliance-run Co-op program,for example, use cellular connections at times for their online programming. Today,with society turned upside down by Covid-19,offices dispersed into homes, and increasingly frequent severe storms regularly disrupting power pole-based wired communications, Wireless Communications have taken on a larger role in our community's Resilience and Preparedness. What might have been, 25 years ago, a "nice to have,", may now be a "must have.". Based on years of technological innovation, economic development and changing lifestyles, demand for wired and wireless services from consumers, businesses,educators and governments has expanded by orders of magnitude. Wired and wireless services have become essential,and there is a clear disconnect between demand and supply. In reviewing the Bonnie Briar Cell Tower Application,the Collaborative considered the changed role of wireless communications,the "social equity" aspects of uneven wireless coverage,the Town's 25-year old outmoded Wireless Communications Regulations and whether, in fact,the proposed cell tower can fill the present "coverage gaps"or facilitate the forthcoming"5G wireless" roll-out in order to compensate for the environmental and quality of life costs it will impose. 5 Page 22 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board Application completeness, and whether impact assessments are complete Does the Cell Tower application, as presently submitted, provide a full and complete description of the likely impacts on Community Character("View Shadow"), Environmental (noise, pollution, microwave radiation),and Social Equity (completeness and effectiveness of the wireless coverage)? The present"two-permit" application does not present a full assessment of the proposed Tower's impacts.The initial Planning Board discussion with the applicant made clear that what is presented as a single "fix" is really two separate activities: • HomeLand Towers wishes to construct a 125-foot tall tower • Verizon proposes to use antennas installed on the Tower to close "coverage gaps" As the Planning Board heard during the meeting,this presentation leaves out: • HomeLand's intent to quadruple the number of large-scale antenna arrays by adding the equipment of up to three other commercial wireless providers to its tower,with up to 48 large antennas • HomeLand's intent to add other antennas to the tower at other elevations. • The possible impacts of a future tower with additional antennas, listed as a possibility in the lease Which suggests that, if permitted, erected and operated at full capacity,the Tower: • May emit four times, or more, microwave radiation, pollution and noise,with the attendant environmental risks, than currently proposed or analyzed • May create considerably more visual impact as the quadrupling of antennae would completely compromise the proposed fake branch "camouflage". Does it make sense for the Planning Board to discuss the proposed cell tower location with representatives of the other providers (e.g., AT&T and T-Mobile)servicing our area?This is to verify whether other providers would have a need for the proposed tower, and whether it meets their criteria.This is particularly important, as the tower's height seems to be justified in order to accommodate other providers. The original application did not include any comments,favorable or unfavorable,from other wireless communications carriers in Westchester County. As HomeLand proposes a tower expressly designed to include other carriers, it seems quite reasonable that the Planning Board should be directly informed, by representatives of those carriers, if the tower is of any interest to them (apparently AT&T has already signed an LOI regarding placement of its antennas directly below Verizon's). If the tower is not of interest, the Planning Board may have reason to consider whether the use of the tower by only Verizon is worth the tower's environmental and quality of life costs if the tower is benefitting only a minority of the Town's population. In addition to the antennas,the environmental impacts of the emergency generators(noise, air pollutants) are under-represented in the application, given the fact that five to eight emergency generators may be co-located if each carrier has their own generator. The applicant, by not presenting the full development of the Tower, does not portray its true impacts.This action is the same as if a developer proposed a sub-division of a wooded parcel in the Town, but only showed the Planning Board a rendering of the first house,with the rest of the property remaining tree-covered.The Planning Board would not accept such an application. The Planning Board should only consider this Tower application when it includes all of the impacts of its full deployment of four sets of large-scale carrier antennas, plus other municipal emergency services antennas, including visual assessment and radio-frequency. 6 Paae 23 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board Zoning Requirements—variance required due to inability to conform to setback requirements The application includes a map which shows that the proposed tower location violates the required setback distance of 1,200 feet from residential properties.This is certainly a serious infraction. In the Planning Board's consideration of this violation, perhaps the Planning Board might consider: • What does the applicant propose, in the way of wireless coverage community benefit related to those large areas which will NOT benefit from the construction of the tower? • What does the applicant propose, NOT related to wireless coverage,to compensate the Town and its residents for the violation of the setback requirement? • Is there in fact a better method than the tower to eliminate the wireless coverage gaps proposed to be covered by the tower which does NOT require violation of the setback requirement? 7 Page 24 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board View Shadow issues, including alternate locations and the use of existing bldgs. instead of a stand-alone tower What alternative sites were considered by the applicant, and how did they decide that this is the preferred site for the cell tower? Did the applicant try to co-locate on existing structures? Is the applicant making a concerted effort to propose a structure at the lowest height technically feasible? The application documents indicate that only three locations were evaluated: a)the proposed "Weaver Street" Bonnie Briar location; b) an alternate "Central" Bonnie Briar location; and c)the Winged Foot Water Tower location What the application documents do not make clear, and what the Planning Board might want to consider: • Should the applicant evaluate co-locating on existing structures, such as the Bonnie Briar Club House,where the building's existing height might be used to help mask the tower? • Would a lower tower be equally effective at eliminating the "coverage gap",yet result in less visual intrusion? If the Tower were only 50 feet tall,what would be the specific number of households whose "coverage gap" would not be resolved? What would be the results at 75 feet?What would be the results at 100 feet? • Given the possibility of constructing a tower of this height, is the proposed location the BEST location anywhere in the Town of Mamaroneck or the adjacent Village of Scarsdale, City of New Rochelle, or Village of Mamaroneck,to solve "coverage gap" issues for the maximum number of people? The View Shadow analysis presented in the application results from computer software which may be misleading and may"under-map"the impact areas.The software used considers all trees to be 50(fifty)feet tall, regardless of location, and considers all houses to be 25 feet tall. While the house height may be reasonable, the uniform tree height of 50 feet overstates the actual conditions in the areas surrounding Bonnie Briar and, in various locations,within Bonnie Briar itself.The software also assumes all trees are present as "shadow creators" all year.This is not the case for deciduous trees, the majority of trees in the impact area, which are without leaf cover for at least 1/3 of the year. The Collaborative recommends that the Planning Board ask its consultant, and/or Town staff,to: • Re-run the computer simulation software with tree heights of 25 feet and 35 feet,to evaluate the view shadow impacts of more realistic average tree heights • Re-run the computer simulation software with NO trees,to evaluate the view shadow impacts with deciduous trees • Considerably expand the "on the ground" survey of impact areas, including photographs from community resources, such as the Sheldrake Reservoir and Leatherstocking Trail, as well as residential areas such as Cornell Street, Lakewood Lane, Bonnie Way,the Bonnie Briar Lane area,the Country Club Drive area, Griffen Avenue,the Fenimore Road area, and the Winged Foot Golf Course. The study should include locations with elevations equivalent to or higher than the top of tower in nearby Scarsdale and New Rochelle. • Consider the houses directly fronting the golf course, including their second or third floors. None of those houses seems to be considered in the applicant's view shadow studies These analyses will result in a more accurate assessment of view impact. When combined with the proposed evaluations of lower tower heights listed above, the Planning Board will be much better prepared to evaluate view impacts against "coverage gap reductions", important components in a "cost-benefit" analysis of the cell tower application. 8 Paae 25 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board Property Value Impacts of Cell Towers Cell Towers are not considered to positively impact residential property values, and are not typically considered "good neighbors"to schools. Examples include two cell towers (one built, one abandoned) along the Hutchinson River Parkway: • In 2001, a 120-foot tall cell tower was constructed along the Hutchinson River Parkway in White Plains. Both the cell tower operator and Verizon were subsequently sued, on the basis that the tower violates both local zoning and wireless communications laws. • In 2018, New York State DOT abandoned its efforts to construct a cell tower at Exit 7 of the Hutchinson River Parkway following significant push-back from the community, including letters from the Mayor of Pelham, Mayor of Pelham Manor, Pelham Superintendent of Schools and the Pelham Board of Education. https://ecode360.com/8781070 to review the Pelham Code, revised in 2014 Impacts on property values have been documented by the Environmental Health Trust ("Cell Phone Towers Lower Property Values: Documentation and Research on Cellular Base Stations Near Homes" includes several specific resources on property de-valuation. https://ehtrust.org/cell-phone-towers-lower-property-values- documentation-research/ The proposed cell tower may include equipment to facilitate 5G cell networks. In June 2019, the National Multifamily Housing Council, National Apartment Association, the National Association of Realtors and others submitted a letter to the Federal Communications Commission to request caution and ensure that the FCC's proposal to expand high-speed 5G networks nationwide doesn't violate property owners' rights. The coalition argued that the proposed FCC rule could make it easier for antennas and other devices to be placed on properties without the owners'consent. The coalition also noted that: • The rule could allow a telecom carrier who already leases rooftop space (or other spaces, such as a cell tower) from a property owner (for antennas or other equipment)to be able to attach a 5G small cell or other wireless infrastructure on that existing equipment without having to change their agreement with the property owner. The tower as currently designed will not be successful at disguising the presence of up to four layers of six-foot tall antennae. By placing the antennae as close as possible to the top of the tower, the antennae will be prominent because the eye is naturally drawn to either the tops or bottoms of tall things. Because the antennae are shown protruding beyond the branches,the branches will not hide them. Painting the antennae the same color as the branches, even painting in camouflage, will not help if the "un-natural and man-made" tall rectangular shapes of the antennae are clearly discernable against the skyline. And by having only its trunk visible for at least twenty-five feet above the surrounding trees, the tower will call attention to itself. To reduce visual impacts, the tower should: 1) push the antennae downward, away from the crown; 2) extend the branches at least five feet beyond the outer lines of the antennae, so the antennae cannot be seen against the skyline; 3) camouflage paint the antennae, so that there are no solid colored "blocks" to catch the eye; 4) extend the branches downward, to eliminate the gap between the surrounding trees and the tower; 5) add two to four lower, smaller"trees", without antennae, so that the tower is not a single "point" but part of an ensemble of taller-than-normal elements. In evaluating the proposed cell tower application, the Planning Board might want to seek the opinion of the Mamaroneck Unified School District. It would be good to hear our local schools' assessment of the needs for wireless communications as part of their"distance/virtual learning" programs. The Planning Board might also consider giving preference to tower locations that minimize visual impact from residential areas, such as the central site within Bonnie Briar, or combining the cell tower into the architecture of the existing Bonnie Briar Club House. 9 Paae 26 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board Coverage Gaps The application notes existing coverage gaps at two radio frequencies used by Verizon.The analysis includes "before" and "after" mappings, color-coded to show the reduction in coverage gap areas. The cover letter for the analysis describes the improvements near to the proposed tower, but the cover letter is also clear that the proposed tower"will satisfy the coverage requirements of Verizon Wireless and its customers in this portion of Mamaroneck." The Planning Board is already seeking a third-party consultant review of this data; the Collaborative recommends that the consultant perform its own analysis to verify that the applicant's data are accurate. The analysis, however, leaves many questions unanswered that may be of interest to the Planning Board and Town residents.These include: • Would a shorter tower(50 feet?75 feet? 100 feet?)yield the same effective reduction in the coverage gaps? • What does Verizon's "minimal acceptable coverage criteria" actually mean? How many"bars" does that represent?What are the implications for"dropped calls"? Perhaps the Planning Board may need the applicants to create a live, on-site demonstration to show what this means, and see if the Planning Board agrees that "minimal acceptable" is enough? • Is Verizon prepared to guarantee coverage as Verizon deems acceptable to the homeowners, residents and schools shown to be included in the "new coverage areas"? For how long? Under what conditions?And what penalty might be imposed should the promised coverage not actually occur during all non-extreme weather conditions? In addition to questions about the meaning and accuracy of the data presented as well as the assertion that only a tower of 125 feet can produce improved coverage, other questions about Verizon coverage include: • What prevents other"coverage gap" areas in the Town from being"solved" by the proposed tower? • Why are these coverage gap areas not"solved" by the other towers identified on the maps? • How does Verizon propose to eliminate the remaining"coverage gaps"? Will more towers be required? Where will they be placed? How tall will they be? Without answers to these questions regarding "coverage gaps", it will be difficult for the Planning Board to make an accurate assessment of whether the proposed remedy for coverage gaps (the cell tower) is an effective remedy, or whether the environmental and quality of life costs imposed by the tower are worth the benefits claimed. Verizon is only one of several wireless carriers with customers in the Town. When the Planning Board contacts the other carriers,these same questions should be asked, and answers obtained. These "coverage gap" questions raise issues that may be better addressed by the Town Board. Specifically: • Although the Town is not directly responsible for providing "sufficient" and "socially equitable"wireless communications to Town residents,the Town is responsible for regulating the wireless equipment and the facilities that support that equipment. • Given the "coverage gaps" which remain, how can the Town assess the benefit of any particular wireless installation without understanding its role in an overall "wireless coverage strategy?" And since there are multiple wireless carriers in Town, each of which has their own set of"coverage gaps", shouldn't the Town consider asking each carrier for its "coverage gap elimination plan" before considering any new wireless facilities? 10 Paae 27 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board Environmental Issues Noise, air pollution and radio frequency radiation are key environmental impacts of the proposed cell tower. The noise and air pollution impacts will arise if pole-based power to the tower is interrupted as the result of extreme weather(e.g., Irene, Sandy, Isaias). Diesel-or propane-fueled generators emit considerable air pollution, and their noise will travel over a wide area, adversely impacting residential neighborhoods. According to the Telecommunications Act of 1996, municipalities cannot prohibit cell towers based on health concerns. In evaluating environmental risks, the Collaborative sought to evaluate these risks based on: • the Radio Frequency (RF) intensity data already included as part of the application • environmental risks to birds, other animals, insects and plants, risks that may increase as the cell tower is loaded at all antenna levels • environmental risks to our residents The RF intensity analyses included in the application seem to include only the impacts of the Verizon system. Given the cell tower's design and capability for quadrupling the wireless provider antennae, as well as including additional antennae for local or regional governments, the Planning Board should request: • re-run of the RF intensity analyses with all four wireless carrier tiers fully equipped and operational, plus additional governmental communications antennae in place for New York State, Westchester County, the Town of Mamaroneck, the Village of Scarsdale and the City of New Rochelle • in addition to the "frequency-by-frequency" analyses, an "overall RF intensity load" analysis, combining the impacts of all frequencies (at least six, perhaps as many as ten)to be facilitated by the tower In 2019, Bedford's Audubon Society identified cell towers as potentially harmful to migrating birds. The Collaborative suggests that the Planning Board contact National Audubon Society Headquarters in New York City for their latest update on this issue. https://www.audubon.org/or National Audubon Society at 225 Varick St., New York, NY 10014 or 212-979-3196 Electromagnetic (EMF) field exposure poses risks to humans. All of us have heard about the dangers of holding our cell phones against our heads; quite a few of us have modified our behavior as a result. Firefighters in the U.S. have long opposed cell towers on their stations due to health concerns from the radiation. In California,fire stations have been exempted from the forced placement of cell towers, codified in state legislation in 2015, 2017 and 2018. https://mdsafetech.org/2019/09/28/firefighters-fighting-fires-and-now-cell-towers/ Most insurance companies do NOT cover electromagnetic field-related impacts and have very clear "electromagnetic field exclusions.". EMFs are, in fact, classified as "high-impact-liability" risk and a "pollutant" alongside smoke, chemicals and asbestos. Individuals or companies wishing to be insured for EMFs are required to purchase additional "Pollution Liability" or"Policy Enhancement" coverage. https://ehtrust.org/wp-content/uploads/Swiss-Re-SONAR-Publication-2019-excerpt-1.pdf 11 Facie 28 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board New Wireless Technologies and their impact on Wireless Coverage Strategy Wireless transmission technologies have changed rapidly over the last fifteen years to improve clarity and increase the speed of data transmission, including down-load and up-load speeds. In response, equipment manufacturers have expanded device software and hardware,which drive the next round of wireless system upgrades. Technologies commonly referred to as "1G"through "4G" have relied on relatively long-range transmissions, facilitated by antenna locations on towers,or tall buildings where available. 5G will be different. In order to achieve good coverage for high-speed communications, streaming video and massive data downloads, 5G requires shorter distances between antennae, and antennae at lower elevations,to create overlapping"webs" of coverage. And in addition to the radio frequencies already in use by 4G, 5G will use additional higher-frequency sub-millimeter and millimeter waves. If 5G is the future,what is the role of the proposed cell tower in producing the required "webs" of coverage? The application is silent on this point; the Planning Board might also consider asking these questions: • Will the cell tower be effective in solving 5G coverage problems? • Will the cell tower alone eliminate the Town's 5G "coverage gaps?" • Even with the cell tower, will 5G "coverage gaps" remain? • How does Verizon propose to close the remaining"coverage gaps?" • And if Verizon will need a different type of antenna, with a different "web" installation net, is the cell tower actually going to benefit Town residents? • How will each of the other wireless carriers solve their own "coverage gaps?" • If each of the other providers needs a different type of antenna,with a different"web" installation net, is the cell tower actually going to benefit either the other providers or their customers in Town? Without answers to these questions, it may be difficult to decide if the cell tower has a meaningful role in the roll-out of 5G wireless coverage by Verizon or any other wireless carrier.The Planning Board may not be able to learn whether the 5G roll-out will actually duplicate or supplant the role of the cell tower, rendering the Town's agreement to accept the tower's impacts unmitigated by improved wireless coverage. Scientific groups around the US and around the world are studying 5G right now,following up on 20+years of studying the impacts earlier forms of microwave radiation. Although the Collaborative cannot predict when a definitive assessment on 5G's potential environmental risks will be made, it is reasonable to alert the Planning Board to the potential concerns. 12 Paae 29 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board Town of Mamaroneck Comprehensive Plan—Recreation Zoning The Town Board has embarked on an update for the Town's Comprehensive Plan. While combatting the virus, recovering from Isaias,and coping with significant budget challenges has delayed the start of Resident Outreach Communication for some time,the Comprehensive Plan will be an opportunity for a wide-ranging discussion of many aspects of the Town, including Town Character, Land Use and Open Space. The proposed cell tower is located in one of the two largest Recreation Land Use zones. Will this Recreation Zone continue to exist? Other Golf Clubs in our community have created considerable concern regarding plans to change parts of the property to other uses. In the context of the Town's Comprehensive Plan update, the Planning Board might want to consider: • What is the long-term Land Use plan for the Bonnie Briar Club? Is there a possibility that this could be desirable for residential use in 10-to 20-years'time?And if,for any reason in the future the Town takes over the property,would the Town then become the lessor and receive all lease payments from the tower operator and its carriers? • In view of the Town's Comprehensive Plan process, might it make sense to consider a moratorium on permit applications for any new cell tower construction until the Town has provided direction on the future of this Recreation Zone, and/or completed the Comprehensive Plan process? • In relation to the current application, should the Town, as part of its Comprehensive Plan process, provide direction on a wireless communications master plan?A master plan which would have criteria for cell tower siting, design, and prioritized land use areas for new towers, including an inventory of available land use areas, public facilities, and structures suitable as antenna support platforms? 13 Paae 30 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board Updating the Town's 1995 Wireless Communications Regulations In its evaluation of the current application,the Planning Board is bound by the Town's 1995 Telecommunications Franchising and Licensing Code (Chapter 75).The Town's Code has not been updated since long before the iPhone,streaming video, and today's massive data downloads. It needs to be updated now. The Town of Mamaroneck's wireless code currently has very minimal requirements for reviewing and permitting the installation of wireless telecommunications facilities, especially when compared to the local laws adopted by both the Village of Mamaroneck and the City of Rye.The Town has not updated Section 240-19.1 of its code since 1995. The Town should amend its code to ensure that it continues to exercise sufficient local control over wireless transmission equipment that carriers seek to install in the Town, particularly as wireless companies seek to install new 5G equipment. 5G systems, unlike conventional "cell tower" technology, operate closer to ground level and require closer spacing between equipment in order to operate, bringing the equipment closer to pedestrians and residential areas.The Town should be proactive in updating its code to ensure that the installation of new wireless equipment is subject to appropriate Town review and permitting. Communities around the U.S. have taken different approaches to updating their codes. Some communities,such as Easton, CT, have focused on banning 5G's implementation for a specific timeframe(in Easton's case,for one calendar year, potentially renewable). Other communities have updated their codes by inserting specific metrics and procedures that result in transparency between wireless carriers, local governments and residents, including guidelines for: • requirements that wireless installations be necessary in order to address significant gaps in coverage, • an order of priority for the locations in which wireless equipment would be installed, • additional requirements for concealing wireless equipment to minimize visual impact, • requirements regarding the sound levels emitted by wireless equipment, • restrictions on the installation of wireless equipment on or near residential structures, • much greater level of detail from applicants on the necessity and impact of wireless equipment installations. • ensure that"small cell" 5G installations are covered by the code, • require notification to property owners within 250 feet of a proposed installation • require that applicants are covered by insurance that does not exclude pollution from radio emissions. • More precise restrictions on location (type of land-use, with residential and/or school areas being least desirable or excluded) • Comprehensive visualizations of proposed facilities (photographs of proposed equipment and "before" and "after" photo simulations), including accounting for deciduous tree leaf fall • Pre-certification (third-party independent engineer verification of compliance with FCC standards, legal right to install in public rights-of-way,verification that new installations fill significant gaps in coverage, efforts to avoid residential and school areas) • Annual re-certification of each cell installation, including safety inspection and third-party testing • Provisions which address the concerns of near-term 5G service installation, particularly related to antenna location and RF radiation outputs The Collaborative has already forwarded a "model code draft"to the Town Board.The Model Code draft is based on the Rye Code, updated in 2019;the Village of Mamaroneck's Code is similar to the Rye Code. For the Planning Board's reference and review,the Collaborative includes a copy of the Model Code Draft to this report. Included on the next pages are references related to cell tower siting and citizen engagement. 14 Paae 31 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board Cell Tower Siting and Citizen Engagement 1) Background Information on Cell Tower Regulations a. Dept. of State, Office of General Counsel, NYS on "Municipal Regulation of Cellular Telephone Towers and Antennas": https://www.dos.ny.gov/cnsl/lu01.htm Key Point: 3rd para., 2nd sentence onward "One approach, taken by many communities, is the adoption of a short-term moratorium on cell tower permits. A moratorium on land use permit approvals effectively stops all new tower construction until the municipality has had a chance to analyze the overall planning issue and to decide where, and under what conditions, tower construction may proceed. It should be emphasized that moratoria have been upheld by the courts for only short durations. Also,the courts have allowed moratoria to exist only in cases where the municipality is actively engaged in a study of its comprehensive plan or its zoning regulations during the course of the moratorium, with particular attention being paid to the use or uses involved." b. FCC's Webpage on Tower and Antenna Siting: https://www.fcc.gov/wireless/bureau-divisions/competition- infrastructure-policy-division/tower-and-antenna-siting Key point: 1st para. under "State and Local Authorities" "Specifically, a state or local government may not unreasonably discriminate among providers of functionally equivalent services, may not regulate in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services, must act on applications within a reasonable period of time, and must make any denial of an application in writing supported by substantial evidence in a written record.The statute also preempts local decisions premised directly or indirectly on the environmental effects of radio frequency(RF) emissions, assuming that the provider is in compliance with the Commission's RF rules." 2) Precedence on Local Citizens' Influence in Cell Tower Siting a. Lohud 2/18/19 Article on "Can Locals Balance the Need for Cell Towers with Neighborhood and Woodsy Aesthetics?": https://www.lohud.com/story/news/local/westchester/2019/02/18/cell-towers-westchester- neighborhoods/2800906002/ Key point: 4th para. under"Power to locate tower" "Some localities are trying to get ahead of conflicts. Bedford has established a hierarchy for future cell tower locations: "co-locating" on an existing tower should be the first option; after that, preferred site locations are, in descending order, municipal property, industrial property, light industrial, and then in the business district." b. Mahopac News 8/20/20 Article on "Residents Decry New Cell Tower Plan at Heated Town Board Meeting": https://www.tapinto.net/towns/mahopac/sections/government/articles/residents-decry-new- cell-tower-plan-at-heated-town-board-meeting Key point: 5th para., 4th sentence "However, what town officials failed to realize was that the site that Homeland ultimately chose bordered right up against a residential neighborhood, particularly Walton Drive, placing the tower only a few hundred feet from some of those residents' backyards." 15 Paae 32 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board 3) Guidelines for Local Communities in Planning for Cell Towers a. Dept. of State, NYS "Planning and Design Manual for the Review of Applications for Wireless Telecommunications Facilities: A Practical Guide for Communities Managing Wireless Telecommunications Facilities Siting in New York State": https://www.dos.ny.gov/Ig/publications/Wireless Telecommunications Facilities Manual.pdf Key point: 4th para. under Foreword "Municipalities need to obtain information from telecommunications facility applicants that: • can be understood by board members and the public; • is complete with all relevant information provided; • is accurate and verified by technical documentation and independent review; and, • is clear and not based on incorrect assumptions. To obtain this information, the municipality needs to establish a collaborative relationship with the service provider.The municipality should also secure independent professional assistance to address the specific community planning, legal, aesthetic, and technical issues related to wireless telecommunications facility development." 16 Paae 33 of 108 Town of Mamaroneck Sustainability Collaborative 2020.0910 Bonnie Briar Cell Tower Response to the ToM Planning Board Conclusions The Sustainability Collaborative strongly suggests that the present application is incomplete and understates the Tower's likely impacts.The current application does not provide a comprehensive solution to coverage gaps or fits into a comprehensive plan for socially-equitable wireless coverage. While there are definitely wireless coverage improvements in close proximity to the proposed Tower, it is clear that the proposed Tower is NOT a Town-wide solution to existing coverage gaps.The "proposed" coverage map continues to show many areas of"coverage gap", including quite a few within one-half-mile of the Tower site. Wireless Communications have become more important to Community Resilience, but the proposed Tower is not a comprehensive solution for the Town. If Wireless Communications were a government service,the government would be obligated to provide comprehensive and effective coverage.And if comprehensive coverage did not currently exist,the government would be required to present its plan to eliminate coverage gaps. Should the Town accept only partial solutions from the wireless carriers? On behalf of the Town's Verizon customers,the Planning Board should ask Verizon to present its plan to address ALL of the coverage gaps in the Town, and their timetable to do so, before reviewing or approving any one part of the solution. The Sustainability Collaborative recommends that the Planning Board suspend consideration of this application, and recommend to the Town Board that a short-term moratorium be placed on wireless communication tower applications until the Town can update its wireless communications regulations and obtain clear plans from wireless carriers about the implementation of comprehensive wireless coverage that maximizes good coverage to the maximum number of residents with the least adverse impacts. Sincerely: TOWN OF MAMARONECK SUSTAINABILITY COLLABORATIVE Kevin Crowe Karen Khor Mark Kramer Michele Lewis Ellen Martin Stephen Moser Arlene Novich Frank Owens Eliza Pertz Elizabeth Radow George Roniger June Wallach Laura Wertkin Mitch Green, Chair September 10, 2020 17 Page 34 of 108 THIS ITEM HAS NO ATTACHMENT O 9 v Town of Mamaroneck :::)/1' m Town Center 740 West Boston Post Road. Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 svaltieri@townofmamaroneckny.org www.townofmamaroneckny.org Memorandum To: Supervisor and Town Board Re: Proposed IMA- Village of Mamaroneck Sanitary Sewer Installation Attached is a proposed inter-municipal agreement with the Village of Mamaroneck concerning the construction of a new sanitary sewer line on Hommocks Road. A resident at 203 Hommocks Road in the Village of Mamaroneck wishes to abandon the septic system currently at the home and construct a sanitary sewer. The new sewer line would be located predominantly in the Village of Mamaroneck and connect to a Town sewer line at the intersection of Eagle Knolls Road and Hommocks Road. Concurrently a resident in the unincorporated area of the Town at 220 Hommocks Road is also interested in abandoning the septic system that serves that property. The property owner at 220 Hommocks Road is willing to construct a sewer line that would ultimately connect to the sewer line that is to be constructed on Hommocks Road in the Village. Attached is a map that will allow for a better description of the proposal. Zones 1 and 2 on the map identify the areas to be serviced by the construction of the sewer line from 203 Hommocks Road. While most of the homes in these two zones are in the Village, there are two homes in the Town nearest to Eagle Knolls Road that can be serviced by the sewer line The area designated as Zone 3 would be serviced by the sewer line to be constructed by the property owner at 220 Hommocks Road at the very end of Hommocks Road. The two sewer lines would interconnect at the intersection of Hommocks Road and Oak Lane and ultimately drain into the Town sewer line at Eagle Knolls Road. The two sewer lines to be constructed will be force mains, meaning each homeowner that connects to the new lines will have pumps in place to pump the sewage to the Town sewer line at Hommocks Road and Eagle Knolls Road. The sewer lines would provide connection points for individual homeowners on 0 Primed on Recycled Paper Page 36 of 108 Hommocks Road and Oak Lane to connect to the new sewer. While connections to the new sewer line are not mandatory upon the residents, they may take advantage of the opportunity to eliminate septic system maintenance and improve the marketability of their homes. The added benefit is the elimination of all septic systems for homes that front on Long Island Sound. This provides an advantage for improved water quality in this portion of the Sound. Under the terms of the agreement, the Village will issue permits and oversee construction of the sewer line on the Village's portion of Hommocks Road. The Town will be responsible for the issuance of permits and oversight of construction of the sewer line on its portion of Hommocks Road. All of the costs of construction will be borne by the property owners. There will be no cost to the Town or Village for sewer construction. We will review this agreement in the work session and if it is acceptable, it is recommended that the Town Board approve the agreement. . 4'/ :tephen V. Altieri Town Administrator Page 37 of 108 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's sanitary sewer line on Hommocks Road does not extend south of the manhole located just north of Eagle Knolls Road, and Whereas, the owner of a parcel located in the Village has decided to construct the Extension (defined in paragraph 1, below), at his sole cost and expense, so that the property at 203 Hommocks Road will have sanitary sewer service,and Whereas, though the majority of the Extension will be located within the Village, approximately 720 feet thereof will lie between the municipal boundary line separating the Town and the Village and the manhole located just north of Eagle Knolls Road and therefore will be located within the unincorporated area of the Town,and Whereas, owners of other parcels in the Village may abandon their septic systems and convert to municipal sewer service by tying their waste lines into the Extension, and Whereas, there is an unincorporated area of the Town along Hommocks Road that lies between 203 Hommocks Road and the Long Island Sound, and Whereas, the owners of parcels in this unincorporated area of the Town may abandon their septic systems and convert to municipal sewer service by tying their properties' waste lines Page 38 of 108 into the Extension,and Whereas, there are certain homes lying along Hommocks Road south of the manhole located just north of Eagle Knolls Road that are in the unincorporated area of the Town that also may abandon their septic systems and convert to municipal sewer service by tying their waste lines into the Extension, and Whereas,ordinarily the Village compensates the Town for the use of the Town's sanitary sewer system by parcels located within the Village, and Whereas, ordinarily the Town is responsible for approving the construction of, and maintaining sections of sewer lines that lie within the unincorporated area of the Town,and Whereas, the Town and the Village have concluded that by co-operating with each other, they can reduce their respective costs, afford sanitary sewer service to certain residents of the Town and the Village who currently do not have municipal sewer service available to them and potentially improve the environment by eliminating septic systems,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 below, the Town and the Village agree as follows: First: For the purpose of this Agreement, "Addition to the Extension" means a sanitary sewer line that may be constructed to connect to the Extension so that properties that lie in the unincorporated area of the Town 2 Page 39 of 108 between 203 Hommocks Road and the Long Island Sound may connect waste lines to a sanitary sewer line that is connected to the Extension. "Extension" means the sanitary sewer line under Hommocks Road that will constructed at the sole cost and expense of the owners of 203 Hommocks Road from the manhole that exists near 203 Hommocks Road to the manhole located just north of Eagle Knolls Road. "Installation" means the original construction of the Extension. Second: The parties confirm the accuracy of the factual statements made in the Recitals. Third: (a)The Village shall be responsible for (i) reviewing and exercising the regulatory authority of the Town and theVillage with respect to the engineering and construction plans for the Extension which must be designed to transport at least 55 gallons of effluent per minute, and the Town delegates to the Village its authority to do so; (ii) issuing permit(s) therefor, and verifying that the person performing the Installation has obtained all permits required by other governmental agencies having jurisdiction over the Installation, and (iii) regulating the traffic on Hommocks Road in the area of the Installation until the Installation is completed. (b) The Village shall retain all fees paid to it in connection with reviewing the the plans for the Extension and the Installation. (c) The Village will not issue any permits allowing waste lines to be connected to the Extension until it accepts dedication of the Extension. 3 Page 40 of 108 (d) The Village will not charge the Town a sewer use fee for the discharge of waste through the Extension by any parcel lying within the unincorporated area of the Town. (e) The Village may charge the owner of a parcel lying within the unincorporated area of the Town the same fees it would charge to a resident of the Village for connecting waste lines from that parcel to the Extension. (f) After Installation is completed, the Village, and not the Town, shall maintain, repair, replace or reconstruct the Extension, including the section thereof that will lie within the unincorporated area of the Town when and if necessary.The Village,at its own cost and expense, shall repave and where appropriate, repaint the sections of Hommocks Road or Eagle Knolls Road that are disturbed when it performs work pursuant to this agreement. (g) If after the Town gives the Village twenty(20)business days'notice of the need for the Village to satisfy its obligations under paragraph Third(f),the Village fails to satisfy those obligations in either the section of the Extension that will lie within the unincorporated area of the Town and the section of the Extension that will lie wholly within the Village, the Town shall have the right to do so. (h)The Village shall reimburse the Town for all of its"soft" and "hard" costs in connection with performing the work described in Third (fg), including the pro-rated portion of the salaries(including overtime)of Town employees who perform or supervise all or some of the work. Fourth: The Town shall not charge the Village a sewer use fee for the discharge of waste from any parcel located within the Village that has waste lines tied into the Extension. 4 Page 41 of 108 Fifth: The Town grants the Village an easement to excavate the portion of Hommocks Road lying between the municipal boundary line between the Town and the Village and the manhole located just north of Eagle Knolls Road for the purpose of maintaining, repairing, replacing or reconstructing the Extension. This grant includes allowing the Village to store vehicles, equipment and materials needed for the work to be done on Town-owned property in the vicinity of the intersection of Eagle Knolls Road and Hommocks Road. Sixth: (a)The Village grants the Town an easement to excavate the portion of Hommocks Road lying within the Village in the area of the Extension for the purpose of exercising the rights given to the Town under paragraph Third (0 and/or for the purpose of installing, maintaining, repairing,replacing or reconstructing an Addition to the Extension.This grant includes allowing the Town to store vehicles, equipment and materials needed for the work to be done on Village- owned property in the vicinity of the manhole that exists near 203 Hommocks Road. The Town may assign the rights granted to it in this subparagraph to a private contractor engaged by the owner of property along the unincorporated section of Hommocks Road for the purpose of installing an Addition to the Extension provided that such entity agrees to comply with the obligations imposed upon the Town hereunder. (b)The Village shall not be responsible for the cost and expense of installing an Addition to the Extension. After an Addition to the Extension is connected to the Extension, the Town, at its sole cost and expense, shall maintain, repair, replace or reconstruct the Addition to the Extension, including the section thereof that will lie within the Village. (c) The Town, at its own cost and expense, shall repave and where appropriate, repaint 5 Page 42 of 108 the sections of Hommocks Road that are disturbed when the Town performs work pursuant to this agreement. (d)(i)If after the Village gives the Town twenty (20)business days' notice of the need to maintain, repair, replace or reconstruct the section of the Addition to the Extension lying within the Village or to repave and where appropriate, repaint the section of Hommocks Road lying within the Village that the Town disturbs when it performs work pursuant to this agreement, the Town does not do so, the Village shall have the right, but not the obligation, to perform such work. (ii)The Town shall reimburse the Village for all of its "soft" and "hard" costs in connection with performing the work described in Sixth (d) (i), including the pro-rated portion of the salaries (including overtime) of Village employees who perform or supervise all or some of the work. Seventh: The areas disturbed when work is performed by either the Village or the Town pursuant to this agreement will not be left in a hazardous condition when work ceases at the end of a day. Eighth: Each party shall indemnify and hold the other harmless from and against all costs, damages or claims that may arise as a result of,or in connection with the negligent performance of its obligations under this agreement,including without limitation,liability for personal injury, wrongful death or property damage and reasonable attorney's fees and litigation expense. Ninth: The parties may delegate the rights granted to them in this agreement to any municipal authority or private company;provided that such entity(a)agrees to comply with the 6 Page 43 of 108 obligations imposed upon that party hereunder and (b) maintain insurance policies satisfactory to both the Town and the Village with respect to which it names both the Town and the Village as additional insureds. The party making the delegation continues to be responsible to perform those obligations if that entity fails to do so. Tenth: (a) A notice that is required or may be given under this agreement must be in writing. An electronic communication shall be considered a "writing". (b) A notice shall be deemed to have been made either (i) on the day that it is hand delivered or sent electronically to the other party and a person who is entitled to a copy of the notice or (ii) on the first business day after it is sent, if it is sent by a reputable overnight courier or (iii) on the third business day after it is mailed, if it is mailed by certified mail, return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a notice or a copy of a notice("addressees") are: If the Town: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Att:Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Att: Town Attorney If the Village: Village of Mamaroneck 123 Mamaroneck Avenue Mamaroneck New York 10543 Att: Village Manager With a copy to: Village of Mamaroneck 123 Mamaroneck Avenue Mamaroneck New York 10543 7 Page 44 of 108 Att:Village Attorney or to such other address that an addressee shall have specified in a notice to the other addressees. (c) The requirement to give twenty (20) business days' notice contained in paragraphs Third (g) and Sixth (d) (i) and the requirement that notice be in writing shall not apply if an emergency exists. If an emergency occurs, the party giving notice shall be required only to give or to attempt to give such notice to the other party as it can, based upon the exigencies then existing before performing the work necessary to end the emergency. Eleventh: The failure of either party to insist upon the strict performance of, or to commence an action to enforce any provision of this agreement shall not be construed as a waiver of the right to do so should a breach of this agreement occur subsequently. Twelfth: 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. Thirteenth: If any court determines that a portion of this agreement is invalid, illegal or unenforceable, the remaining provisions shall remain in effect. Fourteenth: 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 herein and that all prior agreements between the parties regarding the subject matter contained herein -whether oral or written-are merged into this agreement and do not survive it as this agreement expresses their entire understanding on the subject matter contained herein. 8 Page 45 of 108 Fifteenth 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. Sixteenth: This agreement may only be changed by a writing executed by a duly authorized representative of each party. Seventeenth: 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. Eighteenth: Except to the extent permitted by paragraph Ninth, neither party shall have the right to assign,transfer,convey,pledge or encumber his rights under this agreement. In Witness Whereof, the Town and the Village have agreed to the terms and conditions set forth therein. Town of Mamaroneck By: Stephen V.Alfieri,Town Administrator Date: Village of Mamaroneck By: Jerome Barberio,Village Manager Date: 9 Page 46 of 108 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.Alfieri executed this Agreement on behalf of the Town. Christina A.Battalia,Town Clerk Certificate of Authorization I, Augustino A. Fusco, certify that (a) I am the Village Clerk-Treasuer 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. Augustino A. Fusco,Village Clerk-Treasurer Prep'd:September 11,2020 10 Page 47 of 108 Page 48 of 108 ''..**iK,./, . '^ ,.... \ 'F-F., . S IP4Xtik':•*4,‘''.',',c7r!IM . s•t:.7-.-',• c'e...:*'' '':';...."\I 7: c .1/4t ,K,,, i.,.., s -_-.-....--_-_,. N, . 47.0 ,.., , .:., . ,, .....,,•. ‘.....„,,,,,,,,,,,o,,, ..,, ,,7 ........__ , ,„0.,E, ,. -,:-.h. / . • , . , ..........._ . , _ . ,. . ,. 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OP-I P:\PrgMs\NOMMOCKS ROAD SEWER\dwg\M.ctin-770 Hommocks Rd Sr•rm PI.n.04-14-70 dwg,7/13/2020 X1737 Pµ DWG To POF.pc3 N 0 CD CD 0 M C> CO <4a, O . 9 <,Y o 3 ' p Town of Mamaroneck i , o W m Town Center S ►- x 740 West Boston Post Road, Mamaroneck,NY 10543-3353 •E0UMDED1Ei • OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 svaltieri@townofmamaroneckny.org www.townofmamaroneckny.org Memorandum To: Supervisor and Town Board Re: Draft Budget Administration Policy Date: September 17,2020 Attached is a proposed policy for the preparation and administration of the Town Budget, prepared by the Comptroller and me. While we tend to think of the budget primarily during its preparation there is the day-to-day administration of the budget that takes place after the Town Board adopts it. This policy looks to streamline the administration of the budget while maintaining sufficient accountability for budget transfers that take place throughout the year. The need for the policy is so that we can clarify for the Board and the staff the guidelines for preparing the budget but also for the transfers made throughout the year. Included in the policy is guidance for transfers in both the operating budget and capital project accounts. Established in the policy proposal are the monetary limits of transfers permitted with approval of the Comptroller and Town Administrator. Beyond those limits, transfers must be submitted to the Town Board for approval. The policy is on the agenda for review with the Board at our September 23 work session. Stephen V. Altieri Town Administrator Page 50 of 108 TOWN OF MAMARONECK BUDGET POLICY DRAFT September 2020 Purpose This policy establishes guidelines to develop, prepare and administer the Town's annual budget and to promote sound fiscal planning based on comprehensive historical and current economic data. Policy Balanced Budget The Town shall annually prepare an itemized operating budget for each fund. The annual operating budget shall present proposed revenues and expenses for each operating budget account. The budget will be balanced with revenues equal to or greater than current expenditures. In any fund in which expenditures exceed revenue, fund balance and reserve balances may be used to meet shortfalls to the extent available. The annual operating budget process and format shall be performance based and focused on goals, objectives and performance indicators. In accordance with §106 of Town Law, a Tentative Budget must be submitted to the Town Clerk,Supervisor and Town Board on or before October 30th of each year. Upon completion of the review of the Tentative Budget by the Supervisor and Town Board, a Preliminary Budget shall be prepared. The Preliminary Budget shall be the subject of a public hearing that shall take place no later than December 15. A notice of the public hearing shall be posted no later than five (5) days prior to the date of the hearing. The content of the Preliminary Budget shall be in the format prescribed by the State Comptroller in accordance with §107 of Town Law.The Town Board adopts an annual budget for each fund based on budget requests submitted by each Department Director who have accurately identified and justified their fiscal needs as part of the annual budget process. The Budget must be adopted by resolution of the Town Board no later than December 20th of each year. Operating Budget Budget transfers are a useful and necessary management tool that permits reallocation of funds within the budget in order to respond to changing circumstances, unanticipated needs and price increases. Department Directors are authorized to request the Comptroller to transfer operating budget appropriations from one line item to another within the same fund. Department Directors may request transfers of funds from full-time salaries budget accounts to or from part- time salaries, benefits or utilities. Department Directors may not request transfers from full time or part time salary accounts into equipment or contractual expense accounts. The Comptroller, after reviewing the necessity of the transfer and that funds are available, is authorized to complete transfers within departments from one line item to another in the operating budget and transfers of up to$5,000 between departments. Budget transfers between departments in the operating budget between $5,001-$10,000 requires both the approval of the Town Administrator and the Comptroller. 1IPage Page 51 of 108 TOWN OF MAMARONECK BUDGET POLICY DRAFT SEPTEMBER 2020 Policy (Continued) Operating Budget(continued) Budget transfers of more than$10,000 require the approval of the Town Board except for year-end transfers that are required to close the Town's accounting records. Year-end transfers require the Comptroller's approval. Capital Budget Transfers Department Directors are authorized to request the Comptroller to transfer capital project budget appropriations from one project expense line item within the same project. The Comptroller,with the approval of the Town Administrator after reviewing the necessity of each transfer and that funds are available, is authorized to complete transfers from one object code to another for the same project or purpose. The Comptroller is authorized, with the approval of the Town Administrator to transfer up to $20,000 of remaining Capital Budget appropriations for completed projects funded with the Town's fund balance to other projects requiring funding. The transfer must be between projects in the same Town Budget Fund. Remaining balances will be returned to the original funding source. Any portion of bond proceeds, inclusive of premiums, that is not expended for the purpose for which the bond was issued must be applied only to the payment of the principal and interest on such obligations respectively and cannot be transferred to a different project in accordance with GML §165 of the Local Finance Law. Budget Amendments Amendments to the Town's adopted operating budget require an approval by Town Board resolution and the Comptroller's electronic approval. Personal Services Budget An approval by Town Board resolution amending the operational budget is required to abolish, create and upgrade positions. Wage Paae 52 of 108 TOWN OF MAMARONECK BUDGET POLICY DRAFT SEPTEMBER 2020 Budget Administration /Schedule and Procedures A. Budget Development Calendar Annual budget preparation for the ensuing fiscal year is performed in accordance with §106 of Town Law as follows: Months Action January to March Comptroller closes the books on the prior fiscal year April Issuance of Audited Annual Financial Report July Distribution of budget instructions for both Operating & Capital Budget to Department Heads August Submission of capital budget requests to Town Administrator and Comptroller September Submission of operating Budget requests to the Town Administrator and Comptroller Departmental work sessions scheduled to review budget submissions October Submission of Tentative Budget to the Town Board no later than October 30 Preliminary Review of Tentative Budget no later than November 10 November Departmental operating and Capital Budget Review with the Town Board Submission of Preliminary Budget to Town Board December Budget Hearing for Preliminary Budget before December 15th Final Adoption of 2020 Budget no later than December 20th B. Budget Transfer Requests For internal control purposes, budget transfers of$5,000 or less require an email request from the Department Head to the Comptroller. Comptroller will confirm funds are available and enter transfer into the financial system. Budget transfers of$5,000-$10,000 requires an email request from the Department Head to the Town Administrator and Comptroller.The e-mail request must specify the amount and reason for the transfer. The Comptroller will confirm funds are available and enter transfer into the financial system upon written approval of the Town Administrator. 3IPage Paae 53 of 108 TOWN OF MAMARONECK BUDGET POLICY DRAFT SEPTEMBER 2020 Budget transfer requests of more than $10,000 require an approved Town Board resolution: 1. Department Heads must submit a memorandum to the Town Administrator explaining the reason for budget transfers of more than $10,000 in the electronic board agenda system.The Comptroller will review, provide financial information required and work flow to the Town Administrator for inclusion on the Town Board Agenda. 2. Upon Town Board approval,the Comptroller's office will enter the transfer electronically, release and post it in accordance with the approved resolution. C. Personal Services Budget The addition or removal of full time positions from the budget requires an approval from the Town Administrator: 1.The Department Director may submit a written position change request to the Deputy Town Administrator explaining the purpose of the personnel action. 2.The approved request will be submitted to the Town Board for approval. . 3. Upon approval by the Town Board, the request will be submitted to the Town Administrator's office and the Comptroller for processing and budget amendment. D. Post Budget Adoption Monitoring Department Heads are responsible for effectively monitoring their operations to ensure that actual results meet budget expectations. Department Heads should immediately take all necessary actions to address and remedy negative budget variances, including requesting budget transfers. The Comptroller monitors budget variances and will meet or discuss with Department Heads as necessary. Monthly budget reports of revenues and expenditures will be submitted to the Town Administrator for review E. Quarterly budget reports will be provided to the Town Board and submitted in the electronic Town Board Agenda system. Wage Paae 54 of 108 (( 4/ O Z Town of Mamaroneck ,f m Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 Memorandum svaltieri@townofmamaroneckny.org www.townofmamaroneckny.org To: Supervisor and Town Board Re: Westchester County Mobility Focus Group Date: September 18, 2020 The Supervisor and I have been invited to participate in a focus group sponsored by the County's Department of Transportation. The purpose of the focus group is to assist the County in looking at new trends in transportation and mobility in an environment that now includes Uber and Lyft. Also to look at ways for residents to use their cars less and public transportation more. Attached is a preliminary fact sheet distributed to the focus group. We would like discuss this briefly with the Board to include any ideas you may have on this issue. /" Stephen V. Altieri Town Administrator t.It Printed on Recycled Paper Page 55 of 108 Westchester County Mobility & Transit Plan Improving Mobility Our Goals Westchester County is embarking on a study to better align the county's mobility network with Design a high-performing, the needs of its residents, workers, and visitors. - reliable, and easy-to-understand This study will examine the region's transportation transportation system. systems, demographics, employment trends, mobility conditions, and other factors to understand how well the network matches existing travel needs, and identify opportunities to strengthen it and meet future needs. ~I "� Create a suite of service options Jfor Westchester's many travel How Will We Get There? markets. Analyze the 1 Regional Market R * Provide an equitable and socially ''r just transportation network for all se users 2 Public & Stakeholder Engagement114 111 Develop Scenarios ❑ ❑ Learn more & get involved 3 and Build a Final Plan �Rwww.WestchesterMobility.org Project Timeline piN Sign up for email updates The Westchester County Mobility & Transit Plan Participate in virtual and in-person began in Spring 2020 and will be completed by public meetings Summer 2021. Project Kickoff Project Completion gProvide your comments and tell us how to improve mobility in Westchester County Spring 2020 Summer 2021 Paae 56 of 108 F "y O 9 , o Town of Mamaroneck 111 W -'fi m Town Center x 740 West Boston Post Road,Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 svaltieri@townofmamaroneckny.org www.townofmamaroneckny.org Memorandum To: Supervisor and Town Board Re: Affordable Housing/Floor Area Ratio Review Date: September 18, 2020 The scope of the upcoming Comprehensive Plan includes a review of affordable housing. Likely the review will include further efforts the Town can undertake to provide more affordable housing. Previously, the Town's efforts in regards to affordable housing have included re-zoning the Boston Post Road to provide residential and mixed use residential/commercial development. The Town also adopted the Model Housing Ordinance. The ordinance requires that developers of new multi-family developments of more than ten units set aside 10% of the units as affordable for those earning 80% or less of Westchester County's median income. In addition, the Town's Section 8 Housing Voucher Program is another opportunity to offer affordable rental housing to the community. Aside from the Comprehensive Plan, the discussion of affordable housing is brought up now for a couple of reasons. First, some will recall the Westchester County Housing Settlement issue involving a Federal monitor that reviewed both the County and local government efforts to provide affordable housing. After all this time, the matter is still pending and there is a new federal monitor. The monitor is scheduled to issue a revised report in November. At the Town Board's October 7 meeting. The Westchester County Planning Commissioner Norma Drummond will join us to discuss the status of the Housing Settlement and the potential implications to the Town of Mamaroneck. There is however, another avenue that can be considered for affordable housing and that is the size of new homes constructed in Town. This was raised during the rock removal review. Currently, older housing stock in the Town's R-6 and R-7.5 zones is largely made of up of smaller homes in the range of 1,800 to 2,500 square feet. With the surge in the housing market and the desirability of the Mamaroneck/Larchmont communities, developers have been constructing much larger homes in these zones where the size of the lot permits. i, Printed on Recycled Paper Page 57 of 108 Of course, with housing prices as they are in the Town even if the FAR is lowered to maintain these smaller homes, it would be unlikely that the pricing would make them affordable under the County's income standards. However, perpetuating an inventory of homes in the range of 1,800 to 2,500 square feet could develop a form of starter home for buyers. Stephen V. Altieri Town Administrator Page 58 of 108 THIS ITEM HAS NO ATTACHMENT THIS ITEM HAS NO ATTACHMENT Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: September 23, 2020 SUBJECT: 2020 Revision of the Mechanical Rock Removal Law ATTACHMENTS: 1 . Public Notice Paae 61 of 108 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 September 9, 2020 this Public Hearing will be adjourned until Wednesday September 23, 2020 at 8:00 PM PM or as soon thereafter as is possible, to consider "2020 Revision of the Mechanical Rock Removal" Law, telephonically from the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Join the webinar Zoom meeting via the link provided on the Meeting Agenda and on the Town Board meeting notice issued prior to the meeting. Or you may comment by writing to publicqc@townofmamaroneckny.org and viewing from LMC Media's website https://Imcmedia.org/ or local municipal access television (Cablevision (Optimum) 76 or Verizon (Fios) 35). Purpose: The Town Board continues to monitor the impact of pulverizing and removing rock by mechanical means 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 from drilling and pulverizing rock and its removal from the site, and the need to decrease the number of hours per day when such activities may take place. This revision in the law furthers the goal. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870,for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: Page 62 of 108 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: September 23, 2020 SUBJECT: Fire Claims ATTACHMENTS: 1. Fire Claims- September 2020 Paae 63 of 108 Town of Mamaroneck From: Tracy Yogman -Town Comptroller Re: Fire Claims Date: September 23, 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. 58 liter 4 gas mixture 225.00 Bound Tree Medical LLC Medical Supplies 108.00 Dival Safety Equipment Tubing kit,gas monitor calibration/repair 195.78 Grainger Saw blade set 61.00 Iron Compass Map Co. OnScene Xplorer Software Subscription 9/2020-8/2021 1,950.00 KVI Uniforms&Equipment, Inc. Tees, Polos,shorts, lettering,job shirts, pants 3,532.73 Original Energy(Robison) Oil for Generator re-fuel 406.24 Schufire Annual Hose/dry-vacuum testing 3,979.66 UniFirst Corp. Cleaning supplies 9/04,9/11/2020 174.21 Verizon TMFD 300M Fios Redundant Circuit 7/26-8/25/2020 266.98 Verizon TMFD 300M Fios Redundant Circuit 8/26-9/25/2020 266.98 Verizon Fire HQ service 8/10-9/9/2020 266.94 Villa Maria Pizza Food for Department Drill- Brush Fires 9/2/2020 17.40 Villa Maria Pizza Food for Department Drill -8/18/20,Tropical Storm Mgmt.8/5/2020 119.71 Westech Elevator Services Maintenance-September 2020 175.00 Total $ 11,745.63 Paae 64 of 108 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: September 23, 2020 SUBJECT: Other Fire Department Business ATTACHMENTS: 1 . THIS ITEM HAS NO ATTACHMENT Pape 65 of 108 THIS ITEM HAS NO ATTACHMENT Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: September 23, 2020 SUBJECT: Appointment - Coastal Zone Management Commission ATTACHMENTS: 1. Reappointment - Member, Coastal Zone Management Commission Pape 67 of 108 -Fp o Town of Mamaroneck Town Center •FOUNDED 1661 . 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: 914/381- 7810 OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 townadministrator@townofmamaroneck.org Memorandum To: Supervisor &Town Board Re: Reappointment— Member, Coastal Zone Management Commission Date: September 18, 2020 The recommendation to the Town Board is to reappoint Kanan Sheth as member number 5, a Town representative to the Coastal Zone Management Commission. Her new term on the Commission would be from 8/2020 until 7/2023. Stephen V.Altieri Town Administrator Page 68 of 108 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: September 23, 2020 SUBJECT: Authorization - IMA Village of Mamaroneck - Hommocks Road Sewer ATTACHMENTS: 1 . See Worksession Packet Paae 69 of 108 See Worksession Packet Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: September 23, 2020 SUBJECT: Amendment to Town Administrative Manual - Budget Administration Policy ATTACHMENTS: 1 . See Worksession Packet Paae 71 of 108 See Worksession Packet Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: September 23, 2020 SUBJECT: Ratification - Stipulation of Agreement - CSEA Collective Bargaining Agreement ATTACHMENTS: 1. CSEA Stipulation of Agreement 2021-2024 Paae 73 of 108 47 o� �o Town of Mamaroneck z = t _ (, Town Center DED tEEt •D i z I:D FOU740 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: September 18, 2020 SUBJECT: Town of Mamaroneck and Local 1000 Civil Service Employees Association- Stipulation of Agreement Attached is the proposed Stipulation of Agreement for the renewal of the collective bargaining agreement between the Town and Local 1000 Civil Service Employees Association (CSEA), covering the period January 1, 2021 through December 31, 2024. The current agreement expires on December 31, 2020. Negotiations commenced in July and a proposed settlement was reached earlier this month. The CSEA currently consists of twenty-one (21) full-time employees who work in the Highway Department and Central Garage and thirty (30) employees who provide clerical and administrative support in the Town offices. Noted below are the proposed changes to the current agreement, which would be in effect for the contract period January 1, 2021 through December 31, 2024. The Highway Department and Central Garage work hours would be adjusted. Currently the employees work Monday through Friday, 7:00 am to 3:30 pm. It is being proposed that from Memorial Day until Labor Day, the hours would be 6:30 am to 3:00 pm. The following salary schedule would be as follows. May 30, 2021 1.75%* January 1, 2022 1.75% January 1, 2023 2.00% January 1, 2024 2.25% *The effective date coincides with beginning of the payroll period. Page 74 of 108 'r It would be mandatory for CSEA employees to have their paychecks directly deposited into their checking and/or savings account(s) by electronic funds transfer (EFT). ACTION REQUESTED: That the Town Board approve the terms of the Stipulation of Agreement between the Town and Local 1000 Civil Service Employees Association for the period January 1, 2021 through December 31, 2024 and authorize the Town Administrator to execute the agreement. Page 75 of 108 Stipulation of Agreement Stipulation of Agreement made and entered into this 10t day of September 2020 by and between the negotiating committees for the Town of Mamaroneck and the Civil Service Employees Association, 1000 AFSCME, AFL-CIO Westchester Local 860. Whereas, the parties have engaged in negotiations in good faith and in an effort to arrive at a successor agreement to a contract that expires on December 31, 2020 and; Whereas, the parties have arrived at a tentative agreement; Now, therefore, in consideration of the mutual covenants contained herein, the parties hereby stipulate and agree as follows: I. The provisions of the stipulation are subject to ratification by the respective parties to the agreement. II. The respective negotiating committees agree to recommend this stipulation for ratification to their respective parties. III. A copy of this stipulation has been furnished to representatives of both parties. IV. All proposals not covered herein made by either party during the course of negotiations shall be deemed withdrawn. V. The provisions of the prior agreement shall be carried forward except as modified in this stipulation. VI. Unless otherwise noted, all dates involving the duration of the agreement shall conform to the duration of the negotiated agreement. ARTICLE 8 -HOURS OF WORK Amend Section lb. b) Highway Department: Monday through Friday, 7:00 a.m. to 3:30 p.m. with one half(%a) hour lunch, except from Memorial Day until Labor Day, 6:30 a. m. to 3:00 p.m. with one half(%a) hour lunch. There shall be allowed two (2) fifteen (15) minute coffee breaks per day for the Highway Department. At the Town's discretion, it may designate the time of day the coffee break is to be taken. ARTICLE 22 - SALARY AND WAGE ADMINISTRATION Amend Section 3: Effective May 30, 2021, each step of the salary schedule in effect shall reflect a one point seventy-five percent (1.75%) increase. 1 Page Page 76 of 108 Effective January 1, 2022, each step of the salary schedule in effect shall reflect a one point seventy-five percent (1.75%) increase. Effective January 1, 2023, each step of the salary schedule in effect shall reflect a two percent (2.00%) increase. Effective January 1, 2024, each step of the salary schedule in effect shall reflect a two-point twenty-five percent (2.25%) increase. Add Section 10 to read: Employees will have their paychecks directly deposited into their checking and/or savings account(s) by electronic funds transfer (EFT). This would apply to all payments issued by the Town to employees including, but not limited to, bi-weekly salary, overtime, longevity, stipends, clothing allowance, etc. Employees will be able to designate their financial institution(s) for direct deposit. ARTICLE 25 - DURATION Amend Pt sentence Section 1. This Agreement shall be in effect on January 1, 2021 and shall remain in effect through December 31, 2024. It is understood that the foregoing is subject to ratification by the CSEA membership and approval of the Town Board. TOWN OF MAMARONECK C AFSCME •tephen V. Altieri ChristopIiiGonch Town Administrator CSEA Unit President nn us Connie Green O'Donnell Yala Alonzo Deputy Town Administrator CSEA Labor Relations Specialist 21Page Page 77 of 108 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: September 23, 2020 SUBJECT: Authorization - Unmet Need State Funds Contract for III-B Transportation Overserved Services: PY 2019-2020 ATTACHMENTS: 1 . Unmet Need State Funds Contract for III-B Transportation Overserved Services PY 2019-2020 Paae 78 of 108 • • lestel- 71j COM George Latimer County Executive Depart muni of Senior I'mgriun and Service„ blot'('nrpenter Corn miss'oner June 25, 2020 Ms.Anna Danoy Director of Community Services& Housing Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 RE: Unmet Need State funds Contract for III-B Transportation Overserved Services: PY 2019-2020 Dear Ms. Danoy: The New York State Office for the Aging(NYSOFA)has awarded an Unmet Need grant to the County of Westchester to fund those services reported by the Department of Senior Programs and Services as having unmet needs. To that end, please find attached to the e-mail that was sent with this letter a blank copy of the Unmet Needs contract for overserved transportation services that were provided under the Title III-B executed contract that covered the program period beginning on April 1, 2019 through March 31, 2020. The Unmet Need contract is comprised of an Agreement and Schedules"A", "B", 'C", 'D"and "E". State funding will be in an amount not-to-exceed $22,952. It should be noted that the Board Act authorizing the County to enter into agreement with the Municipality has not been approved. This means that Commissioner Carpenter cannot sign the agreement until approval has been granted. You MUST use the original electronic contract documents that we have provided. NO ALTERATIONS may be made to the contract without the prior consent of the Dept. With the exception of the applicable Excel Pages, DO NOT fill out the contract electronically as we want to maintain the integrity of the document. Non-compliance with these requests will result in the contract returned to your agency. We also recommend that you keep a blank copy of the contract in the event that you need to reprint a page. Print a copy of the contract and fill it out making sure that where signatures are required on all documents that they are original. Contracts with COPIED signatures are unacceptable.We also suggest that you keep a completed copy of the contract for your records. Return the ENTIRE completed originally signed agreement and all supporting schedules to me at the address in the footer below. Please refer to the'Standard Insurance Provisions"on pages 1 to 2 of Schedule "A"for detailed information regarding ALL required insurances. Contracts will be on hold pending receipt of any missing insurance form. 0 South First Avenue.10th Floor Mount Vernon.New Turk 10560-3411 Telephone: (914)813-6100 Fax: (81418134399 Website: ww.weslchestergoy.com Page 79 of 108 Remember to list the County of Westchester as an Additional Insured on the Certificate of Liability Insurance NOT the Department of Senior Programs and Services. ALL required insurances should be submitted with the contract, or the contract will be on hold pending receipt of these documents. The Municipality is required to mail in the completed PeerPlace MONTHLY 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 Municipality 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 Meleita Jones at 914-813-6420. Questions pertaining to the processing of the contract should be directed to me at 914-813-6058. Sincerely, LSk ,v— (A)41.4 Sharon Johnson Program Administrator Paae 80 of 108 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: September 23, 2020 SUBJECT: Authorization - Health Department Permit for The Home Delivered Meals Program Authorization - Health Department Permit for the Senior Nutrition Plan ATTACHMENTS: 1 . Authorization - Health Department Permit for the Home Delivered Meals Program 2. Health Department Permit for Senior Nutrition Program Paae 81 of 108 \'\€stchestei' :gun,., l ',minty I•:uruute Stu•,ittn a r. 114 IBJ !YI AIM t •„H n,,.r, r ni.•.titn PERMIT RENEWAL FOR FOOD SERVICE ESTABLISHMENT OWNERS AND OPERATORS Please be advised that your permit to operate a food service establishment expires soon. According to provisions of Section 873.301 of the Westchester County Sanitary Code, applications must be received not later than 60 days prior to the date of expiration. In order for you to continue to operate your business, you are required to do the following: 1. Submit your "Renewal Application for a Permit to Operate” Answer all questions, and do not leave anything blank. Please include your email contact information. Be sure to date and sign application. Please do not detach or attempt to reassemble the forms for any reason as this will delay processing. Change any information that is incorrect. Note: If the owner's name that appears on the Renewal Application is not yours, or if ownership has changed even if by "name"only, you cannot use this form. Please contact your Regional Office,for instructions and an original application. 2. Worker's Compensation/Disability Insurance SEE PAGE 2 OF THE RENEWAL APPLICATION FOR ACCEPTABLE FORMS. Any questions concerning the forms or procedure should be directed to the local NYS Workers' Comp Board Office or the Bureau of Compliance, NYS Workers'Comp Board at 518.486-6307. If you do not provide Worker's Compensation or Disability Insurance, you are required to submit Form CE-200, which can be done online at www.wcb.nv.gov. 3. Corporate Ownership If ownership of the business is a corporation, you must file the enclosed "Certificate of Resolution". The person who signs the Renewal Application must be the same person named and authorized in the Certificate of Resolution. The corporate seal must be affixed to the document. If your corporate officers have changed since you last filed your application, submit a list of names and addresses of the new corporate officers. 4. Source of Food Supply Form and Food Managers Certification Course Answer questions concerning your major food suppliers and the Food Managers Certification Course. The Westchester County Sanitary Code mandates that all operators of food service establishments attend an approved Food Managers Course and re-certify every five (5) years. If you have any questions concerning this requirement, contact your Regional Office. (over) r! 1 t ti t �:J RECYCLE Page 82 of 108 • 5. A,Rtkatlon Fee Every application for a permit shall be accompanied by a NON-REFUNDABLE application fee as specified on the renewal- see"Total Fee Due" printed on Renewal Application for a Permit to Operate. Applications that are received after the permit expiration date will incur a $100.00 late fee. In addition, Operators may be subject to closure and legal action with additional fines. Cash Payments are NOT Accepted Please make checks or money orders payable to: WESTCHESTER COUNTY HEALTH DEPARTMENT f3E SURE APPLICATIONS ARE COMPLETE T SUBMIT ALL REQUIRED PAPERS PROMPTLY TO AVOID DELAY Return the completed application and all Supporting documents to: Westchester County Health Department Bureau of Public Health Protection 25 Moore Avenue Mount Kisco, NY 10549 (914) 864-7330. • • • Page 83 of 108 Permit Rm Operate Westchester County Department of Heed Application Business I Location Information (Please modify only N Information has changed.) Business Name MEALS ON WHEELS- T. MAMA /V. MAMA Facility Code:01-M093-A Address 740 WEST BOSTON POST ROAD Business Phone (914)381-7840 MAMARONECK,NY 10543 - Business Fax ( J • Location Vdlage of MAMARONECK Business Website County WESTCHESTER Business Email anowiln-dawneyetownotmamaroneck.orp MaaTo THE TOWN OF MAMARONECK Permit Number Of-M083-A ATTN. COMM. SERVICES OFFICE Permit Expiration Date 740 W. BOSTON POST RD. November 30, 2020 MAMARONECK, NY 10543 - Fee Exempt Permitted MEALS ON WHEELS-T. MAMA.I V. MAMA.I V. LARCH. Operation ID: 687265 Operation SOFA Food Service-SOFA Prep SiteStats Office for the Aging In Operation: • Year-Round 0 Seasonal If Seasonal: Expected Opening Date Expected Closing Date Capacity: 9 Mon4►Uay Mon hfoay Days/Hours or Operation: Permit Applicant Information (Please modify watt Information has changed.) J-egal Operator or Operetta!Corporation: THE TOVOV OF MAMARONECK Person in Charge TOWN ADMINISTRATOR STEPHEN ALTIERI Vol kag: Mi Lew Address ATTN COMM. SERVICES OFFICE 740 W.BOSTON POST RD. Crty,State,Zip MAMARONECK Ary 10543- Primary Phone (914)381-7840 Ext ❑ Cell Fax (914)381-7855 Emergency Contact (_] Other Phone ( ) - Ext ❑ Cell E-mail adanoytptownofmarneruneckny olg Location Owner, THE TOWN OF MAMARONECK Address ATTN. COMM. SERVICES OFFICE 740 W BOSTON POST RD. City,State,Zip MAMARONECK NY 10543- Prtmary Phone (914)381.7840 Ext 0 Call Fax (914)381-7855 Emergency Cantata ❑ Other Phone ( ) - Ext ❑ Coe E-mail adenoy@lownohnamaranechnyag Papa l or 2 Fuggy rWmarCoos MEALS ON YMffLLS•T MAMA I V MAMA 0/.093-A pa dJIH Page 84 of 108 Permit t°Operate Westchester County Department of Health Renewal Application Workers'Compensation and Disability Insurance n Subrrm`i copies at the following documentation with the apptcadon to document camp'.iance wxh the Worker's Compensation tarn. A.Workers Compensation and Disability Insurance Coverage is PROVIDED ttarhingtamasoaatan Form C-105.2-Certificate of Worker's Campenseion Insurance OR Form U-28.3-Celt/tabs of Workers'Compensation Insurance OR Form SI-12-Certtl*cate of Workers'Compensation Se-insurance OR OSI-1052-Certificate al Participation In Workers'Compensation Group Sedanaurance AND ntlAgitliktritral DB-120.1 -Certificate of Disability Benefds OR, Form DB-155-Certificate of Disability Benefits Self-tnsurance 8.Workers Compensation and Disability Insurance Coverage is NOT PROVIDED Form CE-200-Certificate of Attestation of Exempt'on from NYS Workers'Compensation and/or Disabilty Benefits Coverage Return Completed Application Please return completed application to: Westchester County Department of Health Make checks payable to"Westchester Mount Klsoo Central Office County Department of Health` and 25 Moore Avenue include the permit number. Mount Kisco NY 10549 (914)8647330 Fax: (914)813-5970 Signature of Individual Operator or Authorized Official(Entire section must be completed by all applicants.) I would lIke to receive information and officialce related to this permit at the mail address below. (Yes✓Ko_) a� ®t°LOVl d f Mamure_ nrcKhy,oYy "Operation without a valid permit is a violation of New York State Law and/or State Sanitary Code." Signature • Print Name b5tC (.t4K V• Ai hei/7 Tile Main 1't f Date FOR OFFICE USE ORLY Permit Issuance room/ne dad? ❑res ❑rte Perot tie Data Perrot Exptraean taste Conatian of approval Slartistas Date Papp 2 al a Faddy katordxls WKS OU WNEEL8-T MAMA I V MAMA Ort 00.A (west) Page 85 of 108 CE RTIFIC.Al E OF RESOLUTION FOR AUTHORIZATION Hie Undersigned. Nance of Corporation T()Lf,'/7 et Manlet- .)/tie/L .a corporation Duly organved and%andl) costing under the loos of(State) AJ IIereb} certifies that the rolloo ing resolution t%as July adopted by She Board of Directors.of said Corporation.at a meeting duly called and held on the day of 2tl Ile d resoked that the Hoard of Directors.or President Jr there is no Board of Directors.of!Name of Corporation) int /p(/'/Gc/111 1 ),14Y With offices at •• ► I'' ' ' e(� L/)1 1/U /)IGI1)1 1ZUi(s,.-•t N , Ic�Sy3 Hereby authorvcs(I anteU �ifpeerson authori,cd) ��? U. 4f-he'd/ fo ececute and delver to the Westchester County Department of I lealth.for and on behalf of said :orporation. and application I'er acrmit to operate a(t} P De pe of operation) The's(/S077 6c ltl. /S TTCLLY ti/ 1)14 III Wit_.c(,(,rGi/M0� it,c%ccutc and deli%er any and all additional documents %%hick may he appropriate or desirable in (LI/'i' ,/lr•11 tl+nnccuun therm lth the ondcrsigned further certifies that said resolution has nut been re%oked. rescinded or modified and moat's in full force and effect on the date hereof • In WI!NESS WHEREOF. the undersigned has duly executed this ccnrticatc 1 his - Jas of — — =11 _ UFI'ICLR S sIGNA rURE ft rLli .111i%Corporate Seal --—` %I.KNUwI.f•1NmLMI NT '1\II ''I t Itii'll'eIIF 1 •• 1 hi IIsi ,la% +II ,i IA:liUC mg pCis,,n.i11. ..unc i/+mi•Loon i .oil Won n to me to be the-- _ .ii the turprrati•+n rehired to in the n films I.aiili..ne 1/1 IJ.•NIUIL+m :.h., l'. h. .tail. ,n.n11111J.IeIN+•t• IA•.I. 111.11 I.111C N . 1 •.tui..+Ipor.w.+n 111.1 hit i, lie •igncd Ins h:r 1.11110 ihcrcia •.Irl\R', 1•t Ill k.. .. - +_.ii :.I • Pace 86 of 108 WESTCHESTER COUNTY DEPARTMENT OF HEALTH BUREAU OF PUBLIC HEALTH PROTECTION Supplement to be Completed as Part of the Application SOURCE OF FOOD SUPPLY ITEM FIRM I ADDRESS CITY. STATE MEAT *II 744 ' 4vzc Core FISH I gap 4 s l!11. DAIRY t ' - PRODUCTS • NstAk'; e0atai, CANNED '• •. r PRODUCTS BEVERAGES r � OTHER 1 I 1 FOOD MANAGER'S CERTIFICATION COURSE (PLEASE PRINT CLEARLY) Have you taken the Food Manner's Certification course lfd les 0 No If yes.name or person who took course: phtULIC.41A.A.r. -_-- Social Security number of person who took course: Institution where course was taken: .r'e:i-L(-i-4(- Dateulcourac: 61(q +ti i!fi1(LQIILLS_=11l;1.IJq--- --• . . ... . ._._...- -- • Pate 87 of 108 ServSa' fe ServSafe® CERTIFICATION _ __ ___ ____.___ STEPHANIE HART. - For successfully completing the standards set forth for the Ser/Sale. Food Protection Manager Certification Examination, which is accredited by the American National Standards Institute(ANSI}—Conference for Food Protection(CFP). - 5449 • BER EXAM FORM NUMBER '-- 9/23/2019 9/23/2024 '-- DATE OF E DATE OF EXPIRATION —...- - tocol tams apply.C Cy tOr recortifica!ror requiremer" / r Stf 4firriotion SOltllions 00 (Jig :, . ..... , ,, ., tlitql-um (. _ .:%n.-v-......._ ..............i.S. ..i -.......^PNtAEr*k•+rd O..bwer�Atb.t.nN t �_ t�.. - .»n......t. .r.w...Jt_.. ........ S..401.kmr..ncr testi .. erc6,,p, CO CO - . - Ce,..,ei w...•,-mir+ue..rM 737 S wactw d,...SiA.3600. .4 60504 4383 r 5.•.,Se1.0..04k.o..mel O A' stcheste r ( '.nui(y li.ecrutive • LAM. `j t4 fV V'' Fri) r i S I,t'1IIf Fl .�nli,'C. 0V NV``' l/I 5 • , M.I) ('„ni:ni.:l jn,r.fIle h PERMIT RENEWAL FOR FOOD SERVICE ESTABLISHMENT OWNERS AND OPERATORS Please be advised that your permit to operate a food service establishment expires soon. According to provisions of Section 873.301 of the Westchester County Sanitary Code, applications must be received not later than 60 days prior to the date of expiration. In order for you to continue to operate your business, you are required to do the following: 1. Submit your "Renewal Application for a Permit to Operate" Answer all questions, and do not leave anything blank. Please include your email contact information. Be sure to date and sign application. Please do not detach or attempt to reassemble the forms for any reason as this will delay processing. Change any information that is incorrect. Note: If the owner's name that appears on the Renewal Application is not yours, or if ownership has changed even if by "name"only, you cannot use this form. Please contact your Regional Office,for instructions and an original application. 2. Worker's Compensation/Disability Insurance SEE PAGE 2 OF THE RENEWAL APPLICATION FOR ACCEPTABLE FORMS. Any questions concerning the forms or procedure should be directed to the local NYS Workers' Comp Board Office or the Bureau of Compliance, NYS Workers'Comp Board at 518-486-6307. If you do not provide Worker's Compensation or Disability Insurance, you are required to submit Form CE-200, which can be done online at www.wcb.ny.gov. 3. Corporate Ownership If ownership of the business is a corporation, you must file the enclosed "Certificate of Resolution". The person who signs the Renewal Application must be the same person named and authorized in the Certificate of Resolution. The corporate seal must be affixed to the document. If your corporate officers have changed since you last filed your application, submit a list of names and addresses of the new corporate officers. 4. Source of Food Supply Form and Food Managers Certification Course Answer questions concerning your major food suppliers and the Food Managers Certification Course. The Westchester County Sanitary Code mandates that all operators of food service establishments attend an approved Food Managers Course and re-certify every five (5) years. If you have any questions concerning this requirement, contact your Regional Office. (over) �: NE(YIF i is I -I t . t'tt I. Pane 89 of 101:1 5. Amiication F� Every application for a permit shall be accompanied by a NON-REFUNDABLE application fee as specified on the renewal- see "Total Fee Due" printed on Renewal Application for a Permit to Operate. Applications that are received after the permit expiration date will incur a $100.00 late fee. In addition, Operators may be subject to closure and legal action with additional fines. Cash Payments are NOT Accepted Please make checks or money orders payable to: WESTCHESTER COUNTY HEALT}i DEPARTMENT BE SURE APPLICATIONS ARE COMPLETE SUBMIT ALL REQUIRED PAPERS PROMPTLY TO AVOID DELAY Return the completed application and all Supporting documents to: Westchester County Health Department Bureau of Public Health Protection 25 Moore Avenue Mount Kisco, NY 10549 (914) 864-7330. - Page 90 of 108 Perm) Operate Westchester County Department of Health Renewal l Application Business/Location Information (Please modify only If Information has changed.) Business Name TOWN OF MAMARONECK SR. NUTRITION PRO Facility Code:01-M092-B Address 1288 BOSTON POST ROAD Business Phone (914)834.8840 LARCHMONT.NY 10538 Business Fax ( ) - Location Town of MAMARONECK Business Website County WESTCHESTER Business Email Mair To THE TOWN OF MAMARONECK Permit Number 01-M092-B ATTN:: COMM. SERVICES OFFICE Permit Expiration Date 740 W.BOSTON POST RD. November 30, 2020 MAMARONECK,NY 10543- — — Fee Exempt • Permitted TOWN OF MAMARONECK SR. NUTRITION PROGRAM Operation ID: 687267 Operation SOFA Food Service-SOFA Satellite Site-State Office for the Aging In Operation: • Year-Round 0 Seasonal 1f Seasonal: Expected Opening Date Expected Closing Date Capacity: 160 Seats M10 YDej M0i a'D Days/Hours of Operation: Permit Applicant Information (Please modify only if Information has changed.) Legal Operator or Operating Corporation; THE TOWN OF MAMARONECK Person in Charge TOWN ADMINISTRATOR STEPHEN ALTIERI P.s1 M I. LW Address ATTIC• COMM.SERVICES OFFICE 740 W.BOSTON POST RD. City,State,Zip MAMARONECK NY 10543- Primary Phone (914)381-7840 Ext [J Cell Fax ( ) - Emergency Contact f Other Phone ( ) - Ext [] Cell E-mail adanoy@lownolmamaroneckNY.org J-ocation Owner: THE TOWN OF MAMARONECK Address ATTN: COMM. SERVICES OFFICE 740 W.BOSTON POST RD. City.State,Zip MAMARONECK NY 10543- Primary Phone (914)381-7840 Ext ❑ Celt Fax ( ) - Emergency Contact D Other Phone ( ) • Ext U Cell E-mail adaney@lownolmemaroneckNY.org • Pop 1 X12 repay NsnWCeds TOWN OF MAMARONECK SR NUTRITION PRO 01*1052$ paw 4113) Paae 91 of 108 Permit Application OpcDepartment Westchester CountyDe artment of Health Workers'Compensation and Disability Insurance f` Submit copies of the following documentation with the application to document compliance with the Worker's Compensation Law- A.Workers Compensation and Disability Insurance Coverage Is PROVIDED Workers Compensation Form C-105 2-Certificate of Worker's Compensation Insurance OR Form U-26.3-Certificate of Workers'Compensation Insurance OR Form Sl-12-Certificate of Workers'Compensation Self-Insurance OR GSI- 105.2-Certificate of Participation in Workers'Compensation Group Sell-Insurance AND Disability Benefits DB-120 1 -Certificate of Disability Benefits OR Form DB-155-Certificate of Disability Benefits Self-Insurance B.Workers Compensation and Disability Insurance Coverage is NOT PROVIDED Form CE-200-Certificate of Attestation of Exemption from NYS Workers'Compensation and/or Disability Benefits Coverage Return Completed Application Please return completed application to: Westchester County Department of Health Make checks payable to"Westchester Mount Kisco Central Office County Department of Health" and 25 Moore Avenue include the permit number. Mount Kisco NY 10549 (914)864-7330 Fax: (914)813-5970 Signature of Individual Operator or Authorized Official(Entire section must be completed by all applicants.) I would like to receive information and official correspondence related to this permit at the email address below: (Yes'' No_ ) Adanoy @fDwNDart1i nAJ-z nGCitMy -L)tli "Operation without a valid permit is a violation of New York State Law and/or State Sanitary Code." Signature Print Name 64tOkt.41 t✓• ANN. 1 Title ` 1IUJ'1 AcIrm11(5 7t r Date FOR OFFICE USE ONLY Permit issuance recommended'? QYes QNo Permit Effective Date Permit Expiration Dale Conditions of approval Signature Tele Dale Pea'2 of 2 F acmty Nrn&Code IOWN OF MAMARONE CK SR HUTHIl1ON PRO 01.14097-B tier 4(13) Page 92 of 108 • CERTIFICATE OF RESOLD f ION FOR AUTHORIZATION fhe Undersigned. of Name of Corporation ThLt)YI Of. /11arTILLWaleLk .a corporation Duly organized and salldl) existing under the lass of(State) /situ.' ' vi-k_ Ilcrcby certifies that the foliossing resolution ss as duly adopted by the Beard of Directors.of said Corporation.at a meeting duly called and held on the day of _u Inc nt resolscd that the Board of Directors.or President if there is no Board of Directors.ol'tN,nme of Corporation) lh[L'1'l ()Ait O-MIS (. t With offices at.44 )1'J C/vj1 POSj 14)Q•! l I 1 110 filahl roil C&N 7 /D<U'S Ilcreby authorizes(Name if person authorized) 14 2kLi1 i/, t#1 J1 ro execute and dells cr to the Westchester County Department of Ilcalth.for and on behalf of said corporation.and application for a permit to operate a(t}pe of operation). 12)/.01")D/-/774.nna r brli' ,LSbver Nuhi hf tzykapN an execute and delis er any and all additional Jocurnenls ss hick nias be appropriate or desirable in connection therm ith fhe undersigned further certifies that said resolution has not been resoked.rescinded or Inoditied and remains in lull force and elTcct on the date hereof In WITNESS WIIEREOF. the undericneJ has duly executed this cent icatc nos tills of . 21) OFFICER S SIGNATURE II fLE .‘ fix Corporate Seal \(.KN()WI.FINILMI Ni �I %Ii III' 1 (In1NIYIIF I .. (hi this _\I.15 of _ --_ .11 I•t hire ole 11e1tiun.11I% ..Ime — - u\rine hnoss n .md Loos 11 10 me to he nhe _ li the curporaulm referred t1) in the\\nhun( snit\ .11 ��;.1'11111.X11 v.ho King h\ ,1111\ .N .i11 An) Jk.p...e 111d •.1s that .1110 11 •.ud _orp.‘r:uuln.Ind 1h.0 I-oho .Ibncd lips h_r 11.1010 thereat ' 1 Page 93 of 108 W ESTCHESTER COUNTY DEPARTMIENT OF IHEALTII BUREAU OF PUBLIC HEALTH PROTECTION Supplement to be Completed as Part orate Application SOURCE OF FOOD SUPPLY ITEM FIRM I ADDRESS CITY, STATE r IE.f 440 ri ?U! . 061 c31,11 1(CL. 6)q7 FISH i P6101 DV1Ve DAIRY • PRODUCTS CANNED PRODUCTS BEVERAGES OTHER FOOD MANM;ER'S CERTIFICATION COURSE (PLEASE PRINT CLEARLY) Ilaye you taken the Food Manager'; Certification course L1Q 1'c; ❑ No If yes, name of person who took course:-ateThaau C—} ------------- - Social Security number of person who took course: -_7;– -- ——. Institution where course was taken: reY41.41 jlV o't 1t 3 4 I)ateofcourse: - ('�,��(0 �( t ,J(6) Ai 6493 lIvi Paae 94 of 108 )) ServSa' fe ServSafe® CERTIFICATION STEPHANIE HART for successfully completing the standards set forth for the ServSofe""Food Protection Manager Certification Examination, which is accredited by the American Notional Standards Institute(ANSI)—Conference for Food Protection(CFP). 5449 CET?TIFt ER EXAM FORM NUMBER 9/23/2019 9/23/2024 DATE OF EX (NATION DATE OF EXPIRATION Local laws apply.Ch 'y:,,h your tocat reg..la: for recertification requirements. ANSI to / /outic._,..Zi‘.:' • s, Sh #0655 ,ye.'+',cr.P;r.;.Jr-, IJc,i^nal Reskfurnn. • lotion Solutions O .eO t]' 4� N Q4 ..,,...ry -;ties+,.••1,rtu,:,r.,wwrr,)006 Ihnnklrn ADM sr rim)R1a 3 Wag, . CD ;r10r7 iri,br!f..s....w A,.ae.}pr td,afioo h*..17em MltAil l AA'Intro mwwei .S..Sn4 Lm,. ..,,4.,,,,4,ni S..Na AFF Na•...-.4 R.srq►are Auxcr,vri and Aye arc dewq, co ...- yr.y.nir.-.k-,i w.1*s-..4➢...w.-.r J,-r , C.n i,..r4r..r•..,err...t...rndr.l nr rJsr..I O .7,..,gI1 , ,711 o Co,*c.us,.:A,Quesr vu at 233 S weck.Dr...Sues 3600.Ckcogo.IL 606066383 or SuvSol.!►.roanv,r era O 00 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: September 23, 2020 SUBJECT: Consideration of Certiorari ATTACHMENTS: 1. Consideration of Certiorari 2. Consideration of Certiorari II Paae 96 of 108 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: September 23, 2020 SUBJECT: Resolution - Amend Vehicle and Traffic § 219-44 ATTACHMENTS: 1. 2020-09-23 Newest Resolution (lots) for V&T 219-44 2018-2019 Paae 104 of 108 WHEREAS, the Town of Mamaroneck Vehicle and Traffic Chapter 219, § 219-44 stipulates that from time to time by resolution or local law, the Town Board shall establish the fee, days, times and methods of payment for permitted use of the parking lots. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby establish the following fees, days, times and methods of payment for Town Lots A through G as follows: Lot A - (i) a Daytime Parking Permit is established and required from June 1, 2020 through December 31, 2021, for an annual fee of$900.00 per year (ii) a Meter Parking Permit is established from June 1, 2020 through December 31, 2021 for a fee of$110.00 per year (iii) for Meter Permit holders a meter fee of$.60 per hour is required Monday through Friday between the hours of 5:00 am and 6:00 pm (iv) no parking is allowed from 3:00 am to 5:00 am Tuesday through Thursday (v) no permit or fee is required beginning Fridays at 6:00pm until Sundays at 10:00 pm. Lot B - (i) a 24 Hour Parking Permit is established and required from June 1, 2020 through December 31, 2021 for an annual fee of$1,000. The Senior rate will end on Jan 1, 2021. (ii) 24 Hour Parking Permit holders may park 24 hours per day, 7 days per week, including all holidays (iii) an Area Business Permit is established from June 1, 2020 through December 31, 2021 for an annual fee of $700.00 per year (iv) Area Business Permits issued for Permit Numbers 20 and above, may not park in Lot B during a severe storm event, as noticed by signs erected at Lot B. Lot C - (i) an Overnight Parking Permit is established and required from June 1, 2020 through December 31, 2021 for an annual fee of $450.00 per year (ii) Overnight Parking Permit holders may park beginning at 7:30 pm Monday and must vacate the following morning by 7:30 am, Monday through Thursday (iii) Parking is permitted weekends beginning at 7:30 pm on Friday and ending Monday at 7:30 am. Lot D - (i) a 24 Hour Parking Permit is established and required June 1, 2019 through May 31, 2020 for a fee of$900.00 per year, and $725.00 for Seniors 65 years of age and over (ii) 24 Hour Parking Permit holders may park 24 hours per day, 7 days per week, including all holidays. Lot E (formerly Lot 6): (i) a 24 Hour Parking Permit is established and required June 1, 2019 through May 31, 2020 for a fee of$900.00 per year, and $725.00 for Seniors 65 years of age and over (ii) 24 Hour Parking Permit holders may park 24 hours per day, 7 days per week, including all holidays. Lot F (formerly Lot 7): (i) designated for Town of Mamaroneck Highway Employees and Larchmont Mamaroneck Joint Garbage Disposal Commission Employees only (ii) parking is allowed at all times. Lot G (formerly Lot 8): RESERVED, and BE IT, FURTHER, RESOLVED, that Permits for Lots A through G may be refunded for a prorated amount, minus a Paae 105 of 108 service fee of$25.00, and can be re sold from the Town Waitlist to a new resident for a prorated amount, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby establish (i) annual parking permits to be issued semiannually (except for Meter Parking Permits) for a service fee of$35.00 (ii) a permit may be reissued for a replacement fee of 10.00, and BE IT, FURTHER RESOLVED, that the Mamaroneck Town Board does hereby allow parking except when said Lots are being, in whole or in part, closed for repairs, maintenance and/or improvement, upon reasonable notice being given to the permit holders. Paae 106 of 108 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: September 23, 2020 SUBJECT: Set Public Hearing - Re-Designation of Town Parking Lots ATTACHMENTS: 1. Re-designation of Town Parking Lots Law Paae 107 of 108 Local Law No. -2020 This local law shall be known as the "Re-designation of Town Parking Lots" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: For the implementation of on-line Parking Permit payments, it is recommended that the Town reduce the number of parking lots in order to reduce the number of parking permit types. This law makes those reductions. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-43 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Section § 219-43 Designation of parking lots The parking lots are designated as follows: A. Lot A is the parking lot situated at Myrtle Boulevard and Vine Street. B. Lot B is the parking lot and deck situated at Myrtle Boulevard and North Chatsworth Avenue, the six parking spaces located off Myrtle Boulevard,near Madison Avenue,and the six spaces on Vine Street. C. Lot C is the parking lot situated on Myrtle Boulevard, which is shared with the occupants of 178 Myrtle Boulevard. D. Lot F is the employee parking spaces on Maxwell Avenue. E. Lot G is Byron Place near Madison Avenue. Section 3-Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surface of the parking lots. 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. September 18,2020 Page 108 of 108