HomeMy WebLinkAbout2022_07_13 Town Board Meeting PacketTown of Mamaroneck
Town Board Agenda
Wednesday, July 13, 2022
Page
5:00 PM The Town Board Work Session
The Work Session will convene in Conference Room C located on the Ground
Floor at the Town Center.
1. Discussion - 5G Law 3 - 22
5G Law
2. Discussion - Proposed Revisions to Local Law - Chapter 99 Filming and 23 - 29
Videotaping
MRMemo Proposed Revisions to Local Law - Ch. 99 Filming and Videotaping
Filming Fees of Other Municipalities
Current Filming Application
3. Discussion - Sale of Land - 1395 Boston Post Road 30 - 34
Sale of Land - 1395 Boston Post Road
4. Review of Bid TA-22-10 - Replacement of Dump Truck Body 35 - 37
REVIEW OF BID TA-22-10 — REPLACEMENT OF DUMP TRUCK BODY
5. Updates
8:00 PM Town Board Regular Meeting
The Town Board meeting will convene in the Courtroom Located on the second
floor at the Town Center. The Public is able to view the meeting on cable access
television (Optimum 76/ Fios 35) or on LMCMedia.orq
Supervisor's Report
Public Hearing
Resident Comments
Staff Comments/ Presentations
Board of Fire Commissioners
Fire Claims 38
Fire Claims July 13 2022
Affairs of the Town of Mamaroneck
Authorization of Contract Award - TA-22-10 - Replacement of Dump Truck
Body
Reports of Minutes
Page 1 of 60
Report of Minutes from the June 22, 2022 Town Board Meeting 39 - 58
2022-06-22 Working Minutes
2. Report of Minutes from the June 16, 2022 Joint Board Meeting 59
Minutes of Joint Board Meeting Regarding Sanitation Services 06162022
3. Report of Minutes from the June 29, 2022 Town Board Special Meeting 60
2022-06-29 Working Minutes
Reports of the Council
Town Clerk's Report
Town Attorney's Report
Next Regularly Scheduled Meeting - Wednesday, August 17, 2022
Any physically handicapped person needing special assistance in order to
attend the meeting should contact the Town Administrator's office at 381-7810.
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Town of Mamaroneck
County of Westchester
740 West Boston Post Road, Mamaroneck, NY 10543-3353
COUNSEL TEL: 914/381-7815
FAX: 914/ 381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Meredith S. Robson, Town Administrator
Allison May, Town Clerk
From: William Maker, Jr., Attorney for the Town
Subject: Wireless Communications law
Date: July 8, 2022
I attach the local law, revised to take comments from Ralph Engel into consideration.
Although many of his comments were insightful, I did not incorporate those that intruded upon
the language and concepts espoused by Hank Menkes, the expert engaged by the Town to write
the law.
Since the alterations were few, the attachment is a redline of the May 13, 2022 draft. If the
Town Board considers this proposed law worthy of public discussion, it may set a public hearing
and after the hearing is closed, decide whether to enact it. If the Board decides to set a public
hearing, a clean copy of the law will be produced for the public's review.
i* Printed on Recycled Paper Page 3 of 60
Local Law No. - 2022
This local law shall be known as the "Update in the Regulation of Wireless Telecommunications
Facilities" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1— Purpose:
This law is being enacted because advances in technology require the Town to update its
law regarding wireless telecommunications facilities.
Section 2 — Replacement of a current section of the Mamaroneck Code:
Section 240-19.1 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 240-19.1. Wireless telecommunications facilities.
A. Purpose.
The purpose of this section is to establish regulations for the location and design of wireless
telecommunications facilities that recognize the need to balance the technical requirements of
the wireless telecommunications industry with the Town's desire to minimize the visual and
other adverse effects of such facilities. This section expresses a preference for locations on
Town property, acknowledging the ability of the Town to exert greater controls arising from
ownership rights and a preference for the collocation of new wireless telecommunications
facilities on existing or approved wireless telecommunications support structures that are
located in nonresidential areas.
Such regulations are intended to:
(1) Ensure that the placement, construction or modification of wireless telecommunications
facilities and related equipment are consistent with the Town's land use and zoning code
regulations to the extent permitted by law,
(2) Minimize the negative and adverse visual, acoustic and aesthetic impacts of wireless
telecommunications facilities to the maximum extent practicable, through creative
design, siting, landscaping, screening and innovative camouflaging techniques,
(3) Assure a comprehensive review of environmental impacts of such facilities,
(4) Protect the health, safety and welfare of the residents of the Town and persons working
in or visiting the Town from potential adverse impacts of wireless telecommunications
facilities, to the extent permitted by law,
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(5) Allow for shared use (collocation) of wireless telecommunications facilities when such
use is the more aesthetically sensitive alternative,
(6) Establish fair and efficient processes for review and approval of development
applications,
(7) T"Ereserve the visual character of established communities and the natural beauty of
the landscape,
(8) Protect property values,
(9) Minimize the impact of wireless telecommunications facilities on residential properties,
(10) Encourage the siting of wireless telecommunications facilities on properties and areas,
which are not zoned exclusively for residential purposes, and
(11) Minimize the number of structures placed near to each other in the rights -of -way.
B. Definitions.
ASSOCIATED EQUIPMENT — Any equipment serving or being used in conjunction with
wireless telecommunications facilities including, but not limited to, utility or transmission
equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and
storage sheds, shelters, buildings and similar structures, and, when co -located on a structure,
which is mounted or installed rip •or to, at the same or at a subsequent time as an antenna.
ANTENNA — An apparatus designed for the purpose of emitting or receiving radio frequency
(RF) radiation, to be operated or operating from a fixed location, for the provision of personal
wireless service (whether on its own or with other types of services). For purposes of this
definition, the term "antenna" does not include a mobile station or device authorized under
Part 15 of Title 47 of the United States Code.
BASE STATION — A structure or equipment at a fixed location that enables FCC licensed or
authorized wireless telecommunications between user equipment and a telecommunications
network.
(1) The term includes, but is not limited to, equipment associated with wireless
telecommunications facilities such as but not limited to private, broadcast and public
safety services, as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
(2) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic
cable, regular and backup power supplies and comparable equipment, regardless of
technological configuration (including DAS and small or macro cell equipment).
(3) The term includes, but is not limited to any structure that supports or houses equipment
described in paragraphs (1) and (2) above that has been reviewed and approved under
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the applicable zoning code or siting process, even if the structure was not built for the sole
or primary purpose of providing such support.
(4) The term does not include any structure that, at the time the relevant application, is filed
with the Town under this section, does not support or house equipment described in
paragraphs (1) and (2) of this definition.
BUILDING INSPECTOR --- The Town `s Building Inspector or its Director of Building Code
Enforcement and Land Use Administration
COLLOCATION— The mounting or installation of an antenna on an existing tower, building
or structure for the purpose of transmitting and/or receiving radio frequency signals for
telecommunications purposes, whether or not there is an existing antenna on the structure.
DISTRIBUTED ANTENNA SYSTEM (DAS) — A network of spatially separated antenna sites
connected to a common source that provides wireless telecommunications service within a
geographic area or structure.
EAF - The Environmental Assessment Form promulgated by the New York State Department
of Environmental Conservation.
FAA — The Federal Aviation Administration, or its duly designated and authorized
successor agency.
FCC — The Federal Communications Commission, or its duly designated and authorized
successor agency.
HEIGHT — When referring to a structure, the distance measured from the pre-existing grade
to the highest point on the structure, including the antenna(s) and any other appurtenances.
MACRO WIRELESS TELECOMMUNICATIONS FACILITY — Any wireless
telecommunications facility that enables authorized wireless telecommunications between
user equipment and a telecommunications network that is not a Small Wireless
Telecommunications Facility.
MODIFICATION — The improvement, upgrade or expansion of existing wireless
telecommunications facilities or the improvement, upgrade or expansion of the wireless
telecommunications facilities located within an existing equipment compound if the
improvement, upgrade, expansion or replacement does not substantially change the physical
dimensions of the wireless telecommunications facilities.
MONOPOLE — A wireless telecommunications support structure which consists of a single
pole, designed and erected on the ground or on top of a structure to support aone or more
wireless telecommunications antennas and associated equipment.
NIER — Nonionizing electromagnetic radiation. A series of energy waves composed of
oscillating electric and magnetic fields traveling at the speed of light which includes the
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spectrum of ultraviolet (LTV), visible light, infrared (IR), microwave (MW), radio frequency
(RF), and extremely low frequencies (ELF).
PERMIT — A Wireless Facility Permit.
PLANNING BOARD — The Town of Mamaroneck Planning Board.
PUBLIC RIGHT-OF-WAY ("ROW") — Any land over which the public possesses the right to
travel. The term "road" includes state, county and Town highways, roads, streets, squares,
places, courts, boulevards, parkways, sidewalks and other ways, however, designated, over
which the public has access.
RELIABLE SERVICE — The transmission and reception of communications voice and/or data
by a wireless telecommunications facility that meets or exceeds a wireless service provider's
reasonable and generally accepted industry quality metrics, including but not limited to,
received signal strength or signal quality measurements or calibrated predictions of such;
data throughput, call or session performance objectives including, but not limited to, key
performance indicators such as lost calls, system blocking or lack of capacity.
REPLACEMENT — The replacement of existing wireless telecommunications antenna on any
existing support structure or on existing associated equipment for maintenance, repair or
technological advancement with equipment composed of the same wind loading and
structural loading which does not substantially increase the physical dimensions of any
existing support structure.
SMALL WIRELESS TELECOMMUNICATIONS FACILITY — A small wireless
telecommunications facility including, but not limited to, DAS, microcells, picocells, and
femtocells or any sueh name employed to identify a compact, low power base station and
thei�its associated equipment that function like cells in a mobile wireless network, typically
covering targeted indoor or localized outdoor areas ranging in size from homes and offices to
stadiums, shopping malls, hospitals, and metropolitan outdoor spaces that meets each of the
following conditions:
(1) The structure on which antenna facilities are mounted:
(a) is fifty (50) feet or less in height, or
(b) is no more than ten percent (10%) taller than other adjacent structures, or
(b) is not extended to a height of more than ten percent (10%) above its preexisting
height as a result of the collocation of new antenna facilities;
(2) Each antenna (excluding associated antenna equipment) is no more than six (6) cubic
feet in volume;
(3) In the aggregate, the volume of all antenna equipment associated with the facility
(excluding antennas and back-up power and related back-up power equipment) does
not exceed twenty-eight (28) cubic feet;
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(4) The facility does not require antenna structure registration under 47 CFR Part 17; and
(5) The facility does not result in human exposure to radio -frequency radiation in excess of
the applicable safety standards specified in Parts 1 and 2 of the FCC's Rules and
Regulations [47 C.F.R. 1.1307(b), 1.1310, 2.1091, 2.10931 or any FCC rule or regulation
that replaces these regulations or add additional safety standards.
SMALL WIRELESS PERMIT --- The permit issued by the Planning Board approving a small
wireless telecommunications facility.
STEALTH TECHNOLOGY — Camouflaging methods applied to wireless
telecommunications facilities, which render them more visually appealing or which serve to
blend the proposed facility into the existing structure or visual backdrop, in such a manner
as to render it minimally visible to the casual observer. Such methods include, but are not
limited to, architecturally screened roof -mounted facilities, building -mounted antennas
painted to match the existing structure, and facilities constructed to resemble trees, shrubs,
light poles and the like.
STRAND — A cable or wire run between two utility poles, or between a utility pole and a
structure, or between two structures.
STRUCTURE — A pole, base station supporting hardware, commercial billboard, street
furniture or other building, whether or not it has an existing antenna facility, that is used or
to be used for the provision of personal wireless service (whether on its own or commingled
with other types of services).
STRUCTURALLY MOUNTED — The attachment of antennas to an existing building or
structure other than a monopole or tower having a location on the ground and comprising a
part of a wireless telecommunications facility. For purposes of this chapter, the term
"structurally mounted" shall include, in addition to the antennas, all other components of the
wireless telecommunications facility.
SUBSTANTIAL CHANGE — A modification substantially changes the physical dimensions
if it meets any of the following criteria:
(1) The mounting of the proposed antenna on the wireless structure would increase the
existing height of the tower by more than 10%, or by the height of one additional
antenna array with separation from the nearest existing antenna not to exceed twenty
feet, whichever is greater;
(2) The mounting of the proposed antenna or small wireless telecommunications facility
would involve the installation of more than four (4) equipment cabinets or more than
one (1) new equipment shelter;
(3) The mounting of the proposed antenna or small wireless telecommunications facility
would involve adding an appurtenance to the body of an existing wireless
telecommunications support structure that would protrude from the edge of the original
support structure:
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(i) more than twenty feet in the case of a macro wireless
telecommunications facility,
(ii) more than three feet in the case of a small wireless
telecommunications facility, and
(iii) in all cases more than the original width of the support
structure at the level of the appurtenance
It will not be considered a "substantial change" if the mounting of the proposed antenna
or small wireless telecommunications facility exceeds the limits herein ifs it is necessary
or appropriate to do so in order to shelter the antenna from inclement weather or to
provide stealth shielding for the antenna or small wireless telecommunications facility;
(4) The mounting of the proposed antenna would involve excavation outside the current
existing structure site, defined as the current boundaries of the leased or owned property
surrounding the existing structure and any access or utility easements currently related
to the site;
f5l—The modification defeats concealment and/or stealth elements of the support structure;
_The modification does not comply with prior conditions of the approval for the existing
structure and/or site; provided, however, that this limitation does not apply to any
modification that is noncompliant only in a manner that would not exceed the thresholds
identified above; or
U7 —The modification does not increase the square footage of the existing equipment
compound to an area greater than two thousand five hundred (2,500) square feet.
TOWER — Any structure built for the sole or primary purpose of supporting FCC licensed
or authorized antennas, including the on -site fencing, equipment, switches, wiring, cabling,
power sources, shelters, or cabinets associated with that tower but not installed as part of an
antenna as defined herein.
TRANSMISSION OR WIRELESS TELECOMMUNICATIONS EQUIPMENT — Equipment
that facilitates transmission and reception for any FCC licensed or authorized wireless
telecommunications service, including, but not limited to, radio transceivers, antennas,
coaxial or fiber-optic cable and regular and back-up power supply. The term includes
equipment associated with wireless telecommunications services, including, but not limited
to, private, broadcast and public safety services, as well as unlicensed wireless services and
fixed wireless services, such as microwave backhaul.
UTILITY POLE — A pole or similar structure that is used in whole or in part for the purpose
of carrying electric distribution lines or cables or wires for telecommunications, cable or
electric service or for lighting, traffic control, signage, or a similar function, regardless of
ownership, including Town -owned poles or poles owned by utility companies. Any utility
pole in excess of fifty (50) feet in height shall be deemed a tower and not eligible as a location
for small wireless telecommunications facilities.
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WIRELESS TELECOMMUNICATIONS EQUIPMENT --- Any equipment used in connection
with the commercial operation of wireless telecommunications services, as defined herein,
and as the term "personal wireless service facility" is defined in the Communications Act of
1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or my
statute that may replaceitas hereafter- amended to transmit and/or receive frequencies,
including but not limited to antennas, monopoles, towers and related appurtenances.
WIRELESS TELECOMMUNICATIONS FACILITY — A structure, facility or location
designed or intended to be used as or used to support; antennas, along with any antennas
located on such structure, facilily or location and any associated equipment. It includes but is
not limited to, monopoles, lattice towers, DAS, microcell or small wireless facilities on utility
poles or strand mounted in the public right-of-way or property of the Town or within the
Town and similar structures that employ stealth technology, including, but not limited to,
structures such as a multistory building, church steeple, silo, water tower, sign or other
similar structures intended to mitigate the visual impact of an antenna or the functional
equivalent of such. It includes any structure, antennas and associated equipment intended
for transmitting and/or receiving radio, television, cellular, paging, 911, personal
telecommunications services, commercial satellite services, microwave telecommunications
or other cellular telecommunications technologies, but excluding those used exclusively for
the Town's fire, police, ambulance, and other dispatch telecommunications or exclusively for
private radio and television reception and private citizen's bands, amateur radio and other
similar telecommunications.
WIRELESS TELECOMMUNICATIONS PROVIDER —An FCC licensed service provider
offering wireless telecommunications
to deliver such telecommunications services. These services may include, but are not limited
to, voice, data, or video in either licensed or un-licensed spectrum. An enterprise business
offering to host licensed or unlicensed service providers by deploying small cell technology
such as, but not limited to, DAS and similar small cells.
Any term contained in this section that is not defined above but is defined by the FCC shall have
the meaning ascribed to it by the FCC.
C. Permissible locations for wireless telecommunications facilities.
.Provided it complies with the requirements of this section:
(A) (1) A macro wireless telecommunications facility may be located only in the following
zoning districts of the Town:
B-R
LI
UR
SB-R
B-MUB and
R
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but not (i) on a property designated by the Town as historic, or (ii) on a property listed on
the New York State Register or the National Register of Historic Places or in a
neighborhood that has been designated as historic by the Town, the State of New York,
the County of Westchester or the federal government or (iii) on those properties that are
owned or leased by the Town but are not listed in section 240-19.1(H).
(2) A small wireless telecommunications facility may be located only in any of the districts
that a macro wireless telecommunications facility may be located and in the ROWs of the
Town.
(3) In addition to the areas specified in section 240-19.1 C (A) (1) and C (A) (2), a macro
wireless telecommunications facility or a small wireless telecommunications facility may be
located on the Town -owned properties listed in section 240-19.1(H) if permission therefor is
granted by the Town Board.
(B) Neither type of wireless telecommunications facility shall be permitted in any area
within the unincorporated area of the Town other than the areas specified in section 240-19.1
(A) (1), (2) or (3).
D. Requirements for the installation, alteration, expansion or replacement of a wireless
telecommunications facility whether on private property or Town -owned property.
Except as otherwise provided in this section, no person shall be permitted to construct, install,
or prepare a site for the installation of a wireless telecommunications facility or alter, expand
or replace an existing wireless telecommunications facility without first obtaining:
(i) in the case of a macro wireless telecommunications facility, site plan
approval from the Planning Board followed by a Building Permit issued by the
Building Inspector, and r
(ii) in the case of a small wireless telecommunications facility, a small
wireless permit from the Planning Board followed by a Building Permit issued
by the Building Inspector.
E. Application for all types of wireless telecommunications facilities.
(1) An application for the construction or installation of a new wireless telecommunications
facility or a substantial change to an existing wireless telecommunications facility,
whether a small wireless facility or a macro wireless facility, shall contain the following
information:
(a) A descriptive statement of the applicant's or operator's objectives, and whether the
applicant seeks to satisfy a need, such as improved coverage and/or capacity
requirements;
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(b) Documentation that demonstrates the need for the wireless telecommunications
facility to provide service primarily and essentially within the Town. Such
documentation shall include, but not be limited to: (i) information relating to all other
wireless telecommunications facilities and antennas associated with such wireless
telecommunications facilities that are to be deployed in the Town in conjunction with
the proposed wireless facility; and (ii) propagation and/or capacity studies of the
proposed site including, but not limited to, both drive test and calibrated predictive
coverage plots, and all adjoining planned, proposed, in-service or existing sites that
demonstrate a significant area of less than reliable service in coverage and/or
capacity, including an analysis of current and projected usage and a copy of the
search ring within which a new wireless telecommunications facility is proposed to
be located;
(c) The name, postal address, email address and phone number of the person preparing
the report;
(d) The name, postal address, email address and phone number of the property owner,
operator and applicant;
(e) The postal address and Tax Map Section, Block and Lot of the property, or the
postal address and Tax Map Section, Block and Lot of the closest property if the
wireless communication facility is proposed to be located in a right of way,
(e) The zoning district or designation in which the property is situated;
(f) The size of the property, stated both in square feet and lot line dimensions and a
survey prepared by a licensed professional surveyor showing the location of all lot
lines (an application to use a ROW does not have to supply this information);
(g) The lot line of the nearest residential structure;
(h) The location, size and height of all existing and proposed structures on the property
which is the subject of the application;
(i) The type, locations and dimensions of all proposed and existing landscaping and
fencing;
(j) The number, type and model of the antenna(s) and if the proposed wireless
telecommunications facility is a small cell installation, the small cell equipment
proposed;
(k) A description of the utility pole, monopole or other structure on which any antenna
or associated equipment for a wireless telecommunications facility is to be located
and a design plan stating the structure's capacity to accommodate multiple users;
(1) A site plan describing any new proposed structure and antenna(s) and all related
fixtures, associated equipment, appurtenances and apparatus, including, but not
limited to, height above pre-existing grade, materials, color and lighting;
(m)The frequency band, modulation and class of service of radio or other transmitting
equipment;
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(n) The actual intended transmission power stated as the maximum effective radiated
power (ERP) in watts of the antenna(s);
(o) Direction of maximum lobes and associated radiation of the antenna(s);
(p) Documentation justifying the total height of any proposed antenna and structure and
the basis therefor. Such justification shall be to provide service within the Town, to
the extent practicable, unless good cause is shown;
(q) Certification that NIER levels at the proposed site will be and remain within the
current threshold levels adopted by the FCC and the State of New York;
(r) A statement signed by an engineer licensed by the State of New York that the analysis
of site RF compliance for the proposed installation is consistent with applicable FCC
regulations, additional guidelines issued by the FCC and industry practice and in
clear compliance with FCC regulations concerning RF exposure;
(s) A copy of the FCC license applicable for the intended use of the wireless
telecommunications facility;
(t) Certification that a topographic and geomorphologic study and analysis has been
conducted and that the subsurface and substrate and the proposed drainage plan, the
site is adequate to assure the stability of the proposed wireless telecommunications
facility on the proposed site;
(u) Certification that if the proposed wireless telecommunications facility will be a small
cell or DAS that each unit/installation will not exceed fifty-five (55) dBA of acoustic
noise, measured five (5) feet from the unit in any direction, or violate any applicable
noise regulation.
(v) Visual EAF with visual addendum
(w) Written certification by an engineer licensed by the State of New York that the
wireless telecommunications facility and support structures and attachments are
designed and will be constructed to meet all local, county, state and federal structural
requirements for loads, including wind and ice loads;
(x) Proof that the wireless telecommunications facility or expansion of an existing facility
is not proposed to be located within the front yard setback area or closer to the front
property line than the setback of the existing principal building, whichever is more
restrictive.
(2) In addition to the requirements of section 240-19.1 (E), an application for collocation whether
for a small wireless facility or a macro wireless facility, shall contain the following proof:
(a) The existing wireless telecommunications support structure has been granted all
necessary approvals by the appropriate approving authorities;
(b) The proposed collocation shall not substantially increase the existing wireless support
structure; and
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(c) The proposed collocation complies with the final approval of the wireless
telecommunications support structure and all conditions attached thereto and either does not
create a condition for which a variance would be required or for which relief would be
required pursuant to any other applicable law, rule or regulation or that a variance or other
required relief has been obtained.
F. Provisions applicable to macro wireless telecommunications facilities only.
In addition to complying with the other requirements of this section, a macro
wireless telecommunications facility shall meet the following standards and contain the
following submissions:
(1) Ground -mounted equipment associated with macro wireless telecommunications
facilities shall be limited to a height of twelve (12) feet above the existing grade and shall
be no closer to side or rear property lines than the minimum setbacks applicable to
accessory structures within the zone or one (1) foot in those districts where there are no
minimum setbacks.
(2) Support structures for macro wireless telecommunications facilities other than existing
buildings or structures shall be set back from the closest property line a distance equal
to at least one hundred and twenty percent (120%) of the height of the composite support
structure and attached antennas measured from the highest point of the composite
facility to the existing ground level at the base of the facility.
(3) No signs shall be permitted, except for signs two square feet or less in area that display
the name, address and telephone number of the owner of the facility, safety warnings or
instructions, and information regarding the equipment on site. Height shall be measured
from ground level, to the highest point on the wireless telecommunications facility, or if
higher, the highest point on any extension to an existing supporting structure required
to support the wireless telecommunications facility.
(4) A macro wireless telecommunications facility shall be no higher than the minimum height
necessary to achieve its purpose and under all circumstances, no more than one hundred
twenty-five feet in height.
(5) The applicant for a macro wireless telecommunications facility shall submit a list of
eligible locations within the applicant's search area and has ranked the locations in
accordance with the priorities in section 240-19.1 G (7)
(6) Wind and ice. All macro wireless telecommunications facilities structures shall be
designed to withstand the effects of wind gusts and ice to the standard designed by the
American National Standards Institute as prepared by the engineering departments of the
National Standards Institute as prepared by the engineering departments of the Electronics
Industry Association and Telecommunications Industry Association (ANSI/EIA[M-222, as
amended).
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(7) Aviation safety. All macro wireless telecommunications facilities shall comply with all
federal and state laws and regulations concerning aviation safety, including but not limited
to, the regulations of the FAA.
(8) Public safety communications. All macro wireless telecommunications facilities shall not
interfere with public safety communications or the reception of broadband, television,
radio or other communications services enjoyed by occupants of nearby properties.
(9) Radio frequency emissions. A macro wireless telecommunications facility shall not, by
itself or in conjunction with other wireless telecommunications facilities, generate radio
frequency emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled
"Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields," as amended.
(10) Before a building permit is issued, a bond in favor of the Town in an amount sufficient
in amount to secure the removal of a macro wireless telecommunications facility when
it is decommissioned shall be posted. The amount of such bond shall be determined by
the Planning Board issued by a surety with assets sufficient to assure that it will be
capable of satisfying its obligation and be in a form approved by the attorney for the
Town.
(11) As condition of site plan approval, the Planning Board, upon advice from the Town of
Mamaroneck's insurance carrier, shall determine the amount of insurance coverage
against liability for personal injury, death or property damage that must be maintained
while the macro wireless telecommunications facility is being constructed, after it is
installed and until it is removed. Such insurance shall be issued by an insurance
company with an AM Best Rating of A+, shall name the Town of Ma ffl..-en ', as an
additional insured and must provide that the underwriter notify the Town e€
Mamar-eneek if the policy expires. Before a building permit is issued, a copy of such
policy must be delivered to the Building Department. When such policy is renewed or
replaced, a copy of the renewed or replacement policy shall be delivered to the Building
Department within thirty (30) days of its issuance. If such policy lapses, the Town will
have the right to revoke permission for the macro wireless telecommunications facility
G. Provisions applicable to small wireless telecommunications facilities only.
(1) Design. All small wireless telecommunications facilities shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance with all
current applicable technical, safety and safety related codes, including, but not limited
to, the most -recent editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. All small wireless facilities
shall, at all times, be kept and maintained in good condition, order and repair by
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qualified maintenance and construction personnel, so that the same shall not endanger
the life of any person or any property. In addition to the provisions listed in this section,
all small wireless telecommunications facilities shall be designed to comply with the
following requirements:
(a) All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b) Small wireless telecommunications facilities and associated equipment shall be treated
to match the supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon which they are
mounted.
(c) Pole and strand mounted small wireless telecommunications facilities shall be a
minimum of two hundred fifty (250) feet apart radially. They shall be located in line
with trees, existing streetlights, utility poles and other street furniture when possible.
(d) No more than two (2) small wireless telecommunications facilities with associated
antennas shall be mounted to a freestanding pole or structure
(e) Small wireless telecommunications facilities and any associated equipment in the
public right-of-way shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic or bicyclists or to otherwise create safety
hazards to pedestrians, motorists, bicyclists or residents or occupants of buildings, or
to otherwise cause inconvenience to the public's use of the public right-of-way.
(f) To the extent feasible, associated equipment shall be placed underground. Mounted
associated equipment that cannot be placed underground shall be screened from
surrounding views, to the fullest extent possible, through the use of landscaping or
other decorative features. Ground -mounted associated equipment shall be screened,
when possible, by utilizing existing structures. If screening by utilizing existing
structures is not possible, ground mounted associated equipment shall be made
architecturally and aesthetically compatible with the surrounding area through the
use of coatings, landscaping, and/or screening walls, enclosures or other stealth
technology.
(g) Electrical meter cabinets, if required, shall the screened to blend in with the
surrounding area.
(h) Associated equipment attached to a small wireless telecommunications facility
support structure shall have such vertical clearance as the Planning Board or in the
case of a variance, the Board of Appeals may determine and an applicable utility
company may require.
(2) Wind and ice. All small wireless telecommunications facilities structures shall be
designed to withstand the effects of wind gusts and ice to the standard designed by
the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
Pale 16 of 60
(3) Aviation safety. Small wireless facilities shall comply with all federal and state laws and
regulations concerning aviation safety, including but not limited to, the regulations of
the FAA.
(4) Public safety communications. Small wireless telecommunications facilities shall not
interfere with public safety communications or the reception of broadband, television,
radio or other communications services enjoyed by occupants of nearby properties.
(5) Radio frequency emissions. A small wireless telecommunications facility shall not, by
itself or in conjunction with other wireless telecommunications facilities, generate radio
frequency emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled
"Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields," as amended.
(6L Small wireless telecommunications facilities shall be no higher than the minimum height
necessary The proposed height which may be in excess of the maximum height
permitted for other structures in the applicable zone, shall address any additional height
necessary to accommodate collocation by additional antenna arrays or small cells, but
under no circumstances is the height to be in excess of what is permitted for small
wireless telecommunications facilities.
(7) Visibility
(a) A small wireless telecommunications facility shall be sited so as to have the least -
adverse visual effect on the environment and its character, on existing vegetation
and on the residents in the area of the site.
(b) Both the small wireless telecommunications facility and any and all associated
equipment shall maximize the use of building materials, colors and textures
designed that blend with the structure to which it may be affixed and/or harmonize
with the natural surroundings_
(c) Small wireless telecommunications facilities shall not be artificially lighted or
marked, except as required by law. If lighting is required, the applicant shall a
photometric analysis that shows that the applicant will use best practices for
mitigating the impact of lighting.
(d) Electrical and land -based telephone or fiber lines extended to serve the small
wireless telecommunications facility sites shall be installed underground.
(e) Stealth technologies shall be employed in an effort to blend into the surrounding
environment and minimize aesthetic impact.
(f) Landscaping shall be provided, where appropriate.
(8) Small wireless telecommunications facilities and any associated equipment in the public
right-of-way shall also comply with the procedures and requirements set forth in chapter
Page 17 of 60
187 of the Town Code relating to construction activities within the public right -of -
To the extent any provisions in section 187 are inconsistent with the provisions set forth
in this section the provisions in this section shall control.
(9) Before a building permit is issued a copy of a liability insurance policy issued by an
insurance company with an AM Best Rating of A+ must be delivered to the Building
Department Such insurance shall name the Town as an additional insured and must
provide that the underwriter notify the Town if the policy expires. Such liability
insurance must be maintained throughout the existence of the small wireless
telecommunications facility. When such policy is renewed or replaced, a copy of the
renewed or replacement policy shall be delivered to the Building Department within
thirty (30) days of its issuance.
(6) Maintenance. To the extent permitted by law, the following maintenance requirements shall
apply:
(a) Small wireless telecommunications facilities shall be fully automated and not be
require in -person attendance on a daily basis and shall be visited only for
maintenance, replacement or emergency repair.
(b) Such maintenance shall be performed to ensure the upkeep of the facility in order to
maintain an acceptable appearance and promote the safety and security of the Town.
(c) All maintenance activities shall utilize the best available technology for preventing
failures and accidents. '
(d) Any graffiti on any small wireless telecommunications facility support structure or
any associated equipment shall be removed at the sole expense of the owner within
ten (10) days upon notification by the Town.
(7) Priorities.
A. The locations listed (a) through (f) below are the locations for small wireless
telecommunications facilities within the Town listed in the order of preferred locations
with (a) being the most desirable location and (f) being the least desirable location.
Applicants for small wireless communication facilities shall categorize the site that they
propose according to the following priorities or shall advise that the proposed site does
not fall into any of the categories.
(a) Collocation on existing utility poles, monopoles, or other small wireless
telecommunications facility support structures on lands owned or controlled by the
Town,
(b) Collocation on a site with existing small wireless telecommunications facilities or
other wireless telecommunications facility structures in the Town,
(c) On the Town -owned properties listed in section 240-19.1 H (1),
Pate 18 of 60
(d) On lands owned or controlled by other municipal corporations within the Town, to
the extent permitted by such other municipal corporation, and
(e) On nonresidential zoned properties, and
(f) Within public rights of way.
(B) If the proposed site is not in the most preferred category, the applicant must supply a
detailed explanation as to why a site in a more preferred category was not selected. The
applicant also must satisfactorily demonstrate why approval should be granted for the
proposed site and the hardship that would be incurred if the application were not approved.
Stating that the proposed site has already been leased or purchased is not a satisfactory
demonstration of why approval should be granted for the proposed site.
(C) If collocation is not proposed, the applicant must provide a compelling reason why
collocation it is not being proposed.
(D) Notwithstanding the above, the Planning Board may approve a less preferred site if it
finds that the proposed site will further the purposes of this section, is in the best interest of
the safety, public welfare, character and environment of the Town and will not have a
deleterious effect on the nature and character of the community and surrounding properties.
•
- - -
___IANMII�UP�11��1l11�151!l�L�NI�tl�!'
Page 19 of 60
-
-
111
•
- •
I
H. Application when a wireless telecommunications facility is proposed for Town
property_
(1) New wireless telecommunications facilities and the collocation of such facilities shall be
a permitted only on the following properties owned by the Town:
The Weaver Street firehouse
The Maxwell Avenue garage
The Town owned building in Memorial Park
Town owned parking lots
Public rights -of -way
The Ambulance Building on Weaver Street
The Hommocks Ice Rink
The Town Center
The Senior Center and
The Sheldrake Environmental Center
(2) This section shall not be construed so as to create a right or entitlement to use Town
property for a wireless telecommunications facility.
(3) Applications for a wireless telecommunications facility to be located upon Town -owned
property must satisfy the same requirements and undergo the same type of review as a
wireless telecommunications facility located on privately owned property must satisfy
and undergo.
Pakffe 20 of 60
(4) (a) Before the Building Inspector can issue a small wireless permit for a small wireless
telecommunications facility or pole to be installed within the public right-of-way, a right of
way agreement between the person or entijy that will operate the small wireless
telecommunications facility and the Town must be executed by both parties.
(b) The term of the right of way agreement shall not exceed fifteen (15) years, shall
contain the conditions imposed by the Planning Board when it granted the small wireless
permit and require, among other things, that the operator maintain liability insurance with
coverage for an amount that is reasonable under the circumstances. A form right of way
agreement shall be maintained by the Building Department.
(5) In addition to the fees, for a small wireless telecommunications facility permit, every small
wireless telecommunications facility located in a right-of-way shall pay an annual fee for the
use and occupancy of the right-of-way.
I. Provisions applicable to applications for both macro wireless telecommunications
facilities and small wireless telecommunications facilities
(1) All proposed wireless telecommunications facilities (a) shall be sited so as to minimize
visual intrusion as much as possible given the facts and circumstances involved with the
proposed site and facility, (b) where appropriate, will employ stealth technologies as
directed by the applicable municipal board (Town Board, Planning Board or Board of
Appeals), and (c) will be designed, engineered and constructed so as to have the least -
adverse visual and sonic effect on the environment, the character of the community and
surrounding properties.
(2) The Town Board, the Planning Board or the Board of Appeals may retain outside
consultants, including, but not limited to, radio frequency engineers and other wireless
telecommunications consultants to assist it in reviewing an application made pursuant
to this section., The Board may require an applicant to establish, fund and replenish an
escrow account to pay the fees and related costs incurred by the Board for outside
consultants The outside consultant(s) will conduct an independent investigation and
analysis of all applicable data relating to existing and proposed wireless
telecommunications facilities, including whether there exists a considerable area(s) of
less than reliable service in coverage and/or capacity and whether the proposed wireless
telecommunications facility will improve service in the area(s) of less than reliable
service. The outside consultant(s) also shall conduct an independent review and
assessment of alternate sites and other technologies that may improve service in the
area(s) of less reliable service and have a less intrusive impact upon the neighborhood
than the site and/or the technology proposed by the applicant.
J. Exemptions.
(1) The following actions shall not require site plan approval or a small wireless permit:
P4gle 21 of 60
(a) a change in the dimensions of a wireless telecommunications facility if such change is not
substantial.
(b) a modification to, or the replacement of, an existing wireless telecommunications facility
that does not substantially change the existing wireless telecommunications facility.
(c) the repair and/or maintenance of an existing wireless telecommunications facility.
(d) collocation; provided (a) the existing tower, building or structure to which the proposed
antennae are to be mounted or installed has been granted all necessary approvals by the
appropriate approving authorities, (b) was designed to receive the proposed collocation,
(c) will not substantially increase the existing wireless support structure and (d) complies
with the special permit and site plan approval (in the case of a macro wireless
telecommunications facility) or the small wireless permit (in the case of a small wireless
telecommunications facility) and all conditions attached thereto and would not create a
condition for which a variance would be required or for which relief would be required
pursuant to any other applicable law, rule or regulation.
(e) installation of a personal wireless telecommunications device designed for in -home or in -
office use that either provides telecommunications or to boost an existing signal for
telecommunications; provided that there are no installations outside the walls of the
building in which the device is installed and that such device(s) shall be FCC approved to
not interfere with public safety communications or the reception of broadband, television,
radio or other communications services enjoyed by occupants of nearby properties.
(2) The exempt actions described above shall require a building permit from the Building
Inspector.
Section 3 — Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not
affect any other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4 — Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
May 13 u1 y 8. 2022
Pam 22 of 60
• Town of Mamaroneck
` Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
MRobson@TownofMamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Proposed Revisions to Local Law — Chapter 99 Filming and Videotaping
Date: July 8, 2022
While the Town has a policy on filming, the policy was last updated in 1997 and is
now outdated. I am proposing several changes in order to better accommodate
current needs. The changes proposed include an extension of the application
approval deadline, the addition of limits on how often any particular property may
be used, and an increase in fees, including the requirement for an application fee.
Currently production companies must submit their film request applications to the
Town Administrator's Office at least five days prior to their proposed start of
filming. Depending on the nature and extent of the filming operation, five days is not
necessarily an adequate amount of time for the internal review of applications. I am,
therefore, proposing a requirement that production companies submit their
applications two calendar weeks prior to the proposed start of filming. Requiring
more review time will enable a more thorough review of applications and will
ensure neighbors of the proposed filming locations will have efficient notice of
filming. In addition, authorizing the Town Administrator to allow for a reduced
submission time, if warranted by circumstances, would allow for greater flexibility
in the approval process.
Limiting the number of times a production company can use a particular property
during any given year would mitigate concerns raised by neighbors regarding how
often a neighborhood is disturbed by production companies. Though I am not wed to
any particular limit, for purposes of discussion, I am proposing a restriction on
filming at any particular location to no more than once every two months with each
filming approval granted for no more than three days each.
Page 23 of 60
Our current filming fees are significantly below that of other communities at least
for minimum fees. The proposed adjustments, therefore, are based on fees charged
by surrounding municipalities. I would request that the maximum fee of $5,000.00
currently in the code for public property also be made applicable to private property.
These fees do not include the overtime costs of any Town employee who must assist
in the filming, such as the requirement for police presence on scene. The overtime
costs are in addition to the filming fees and the need for such coverage is determined
solely by the Town.
The proposed fee adjustments are below:
Current Filming Types
Current Fees
Average Fees
Proposed
Minimum Fees
Application Fee
n/a
$731.00
$700.00
Filming on Public
$500.00
$1,225.00
$1,200.00
Property
Filming on Private
$150.00
$925.00
$850.00
Property
Page 24 of 60
Municipality
Application Fee
Cost of Public Property Filming
Cost of Private Property Filming
City of New Rochelle
$ 500.00
$
2,800.00
$
1,200.00
Town of Rye
N/A
$
1,800.00
$
1,000.00
Village of Mamaroneck
N/A
$
1,500.00
$
1,500.00
Village of Larchmont
N/A
$
2,000.00
$
2,000.00
Village/Town of Harrison
$ 1,000.00
$
500.00
$
500.00
Village of Port Chester
630 - Private Property
950 - Public Property
$
125.00
$
125.00
Village of Rye Brook
$ 575.00
$
575.00
$
575.00
Town/Village of Scarsdale
N/A
$
500.00
$
500.00
Average Cost
$ 731.00
$
1,225.00
$
925.00
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0
APPLICATION FOR MOTION PICTUREITELEVISIONISTILL PHOTOGRAPHY
TOWN OF MAMARONECK - LOCAL LAW NO. 1-1997 FILMING Et VIDEOTAPING
SECTION ONE: Intent. It is the intent of the Town to facilitate, but not solicit, producers Et others within the
mass communications industries, including filming, television, advertising, Et commercial photography, to
make use of the Town Et its environs as a setting for motion picture films, television shows, commercials, Et
photographs, but only insofar as such use is at all times compatible, Et does not unduly interfere, with the
lifestyles Et day-to-day activities of the Town's citizens Et merchants.
SECTION TWO: Definitions. For the purpose of this chapter, the following terms, phrases, Et words Et their
derivations shall have the following meanings given herein:
FILMING - The recording on film, videotape, or other medium of movies, commercials, documentaries,
serials, shows, performances, or other similar events or activities, including still photography, but not to
include the coverage of news, political, cultural, local sports, or school events.
LICENSEE - Any person, firm, organization or business entity, which has been licensed under the
provision of this local law.
PUBLIC PROPERTY - Any reality or personal property or interest therein owned by the Town of
Mamaroneck, including all streets, parks Et public places, lands, lands underwater, waterfront property, Et
every estate, interest Et right, legal or equitable, therein.
SECTION THREE: License Required. No person, firm, corporation, organization or business entity shall
commerce filming in the Town of Mamaroneck on public or private property, unless the filming to be
conducted, maintained, or operated unless licensed in the manner prescribed herein.
SECTION FOUR: Application for License: Issuance, Expiration. The license prescribed by this chapter shall
be issued by the Town Administrator or his designated agent. Application shall be made on a form containing
such information as may be determined by the Town Board, Et shall be accompanied by the production
schedule, Et description of all dangerous activities Et use of explosives, Et list of all vehicles Et their license
plate numbers to include both the applicant's vehicles Et vehicles of the applicant's personnel. Each license
shall expire on the date set forth on the license. Applications shall be filed in the Office of the Town Clerk.
SECTION FIVE: Approval by Town Administrator. No license shall be issued until the application has been
approved by the Town Administrator or his designated agent, subject to the following:
A. In the approval of the application, the Town Administrator or his designated agent shall
specifically fix the filming location or locations.
B. In the approval of the application, the Town Administrator or his designated agent shall
specifically fix the days Et hours of filming.
C. The Town Administrator or his designated agent may deny any application or limit any license
which, in his judgment, would conflict with other scheduled events in the area of the filming location, would
be detrimental to the community because of anticipated excessive noise, illumination, traffic disruption or
other effect caused by the proposed filming, including but not limited to the use of explosives, or would
unduly interfere for an extended period of time with the day-to-day activities of citizens, property owners, or
merchants or would interfere with the public health, safety Et welfare of the Town's citizens.
D. Any change in the license holder's planned activities shall be submitted to the Town
Administrator or his designated agent in advance of the change Et approved or denied in the same manner as
the original license application.
SECTION SIX: License Fee. The fee to be paid shall be determined by the Town Administrator for each
license, including a license for a portion of a day, as follows:
A. License fee for use of public nroM. The minimum fee shall be five hundred dollars
($500.00) per day, Et the maximum fee shall not exceed five thousand dollars ($5,000.00) per day. The Town
Page 26 of 60
APPLICATION FOR MOTION PICTUREITELEVISIONISTILL PHOTOGRAPHY
Administrator, in determining the specific fee to be required, shall take into consideration the following
factors, which would denote a greater use of the public property >;t therefore require higher fees:
(1)
Use of public parking spaces.
(6)
The size of the filming location.
(2)
Use of vehicle travel ways requiring the
(7)
The number of filming locations.
rerouting or directing of pedestrian traffic.
(8)
The number of hours the filming location or
(3)
Use of pedestrian travel ways requiring the
locations will be used.
rerouting or directing of pedestrian traffic.
(9)
Use or involvement of Town personnel
(4)
Use of public buildings.
(10)
Use or Involvement of Town Equipment
(5)
Use of other public areas during normal
(11)
Use of explosives
operating hours.
(12)
Dangerous activities.
B. License fee for use of private property. The fee for filming on private property shall be one
hundred fifty dollars ($150.00) per day.
C. The Town of Mamaroneck Et the Mamaroneck School District Et not for profit community
agencies operating within the Town shall be exempt from such license fee.
D. In the event that a license issued pursuant to this chapter is suspended or revoked in
accordance with the provisions of Section 7 of this chapter, the applicant shall not be entitled to a refund of
any portion of the fee.
SECTION SEVEN: Suspension of Revocation of License.
A. The Town Administrator, on his own initiative or upon notice from any public official of the
Town, is empowered to suspend or revoke, upon written notice, a license issued pursuant to this chapter for
any of the following reasons:
(1) Violation by the licensee agents, employees, contractors or subcontractors of any law or
ordinance or any rule or regulation of any agency of the State, County or Town.
(2) Licensee has permitted disorderly conduct or conduct detrimental to health Et safety of others
or permitted or allowed conduct constituting a breach of the public peace at the licensed
location.
(3) Abrogation of any agreement, written or oral, between the licensee Et the Town Administrator
or any other public official of the Town.
B. Revocation of license pursuant to the above conditions shall bar such offender from applying
for a new license within one (1) year from the date of revocation.
SECTION EIGHT: Restrictions Et Requirements.
A. The licensee must give notice to residents of the proposed filming location in a manner
specified by the Town Administrator or his designated agent.
B. Noise shall be limited in accordance with the provisions of the Town Code.
C. Routing of traffic shall be subject to the same provisions as excavations in
the Town Code.
D. The filming shall be conducted so as not to interfere with access to fire lanes Et fire hydrants.
Equipment, materials, or obstructions shall not be placed within fifteen (15) feet of fire hydrants.
Passageways leading to fire escapes, fire lanes, fire -fighting equipment shall be kept free of equipment,
materials, or obstructions. Parking spaces for the handicapped shall be kept free of equipment, materials, or
obstructions.
E. A filming permit granted for private property shall confine such filming to that property.
F. Applications for a filming permit must be submitted five (5) days prior to the first date of
filming.
-2-
Page 27 of 60
APPLICATION FOR MOTION PICTUREITELEVISIONISTILL PHOTOGRAPHY
G. Any additional costs that are incurred by the Town by reason of the filming shall be borne by the
licensee. Any requirement for the assignment of Town personnel shall be determined by the Town
Administrator prior to the filming.
SECTION NINE: Insurance Et Bond. The license shall not be issued until the applicant shall furnish a policy of
insurance in such amount as shall be fixed by the Town Administrator or his designated agent, and, in any
event, in an amount not less than one million dollars ($1,000,000.00) indemnifying Et saving harmless the Town
of Mamaroneck, its officers, agents, Et employees from Et against any claim, loss or damage resulting from the
filming operations permitted under this license in the Town of Mamaroneck Et for the payment of all damages
for bodily injury or property damage which may be caused to any person by reason of the filming operations
performed under the license Et arising from any acts or omissions of the licensee, his agents, employees
contractors or subcontractors. In addition, the applicant must produce certificates of insurance showing
adequate liability insurance in the applicant's name. Such certificates shall also be approved by the Town
Attorney. Further, the Town Administrator or his designated agent may require the posting of a bond in an
appropriate case to insure restoration of the filming location.
SECTION TEN: Appeals. Any person aggrieved by the action of the Town Administrator or his designated
agent in connection with the denial of an application for a filming license may take an appeal there from to
the Committee for Review consisting of the Town Supervisor Et one Town Board member. The Committee shall
review such appeal Et may reverse, modify, or affirm the action of the Town Administrator or his designated
agent upon a finding that the action of the Town Administrator or his designated agent was arbitrary,
capricious, or not supported by substantial evidence.
SECTION ELEVEN: Penalties for Offenses: Additional Remedies. Any person, firm, or corporation who shall
violate or fail, neglect or refuse to comply with any provision of this chapter or any rule or determination
made thereunder, or who shall undertake filming in the Town of Mamaroneck without a license issued
hereunder, shall, upon conviction thereof, be punished by a fine of not more than two hundred -fifty dollars
($250.00), or by imprisonment for not more than fifteen (15) days, or both such fine Et imprisonment. Each
day that a violation continues shall be deemed a separate offense. Said prosecution and/or conviction shall
not be a bar to a civil action to recover a civil penalty in like amount, nor shall either be a bar to a civil action
by the Town or an injured person for actual damages.
SECTION TWELVE: Enforcement. This chapter shall be enforced by the Police Department.
SECTION THIRTEEN: Severability. Should any provision of this Local Law be declared illegal or
unconstitutional by a court of competent jurisdiction, to the extent that the other provisions of this Local Law
can be implemented without such illegal or unconstitutional provision, such other provisions shall remain in
effect.
SECTION FOURTEEN: Gender. Whenever words of the masculine or feminine gender appear, they shall be
deemed to both male Et female persons. This construction shall apply to gender indicative suffixes or prefixes
as well as to gender indicative words. Whenever the reference is to a corporation, board, body group,
organization or other entity comprising of more than one person or to an assemblage of persons or to an
inanimate object the reference shall be construed to be neuter in gender.
SECTION FIFTEEN: Effective Date. This Local Law shall be effective when filed with the Secretary of State.
TOWN OF MAMARONECK POLICY ADDENDUM FOR FILMING Et VIDEOTAPING
(1) Please be advised that the lawful hours for filming Et videotaping in the Town of Mamaroneck
are from 8:00 a.m. to 8:00 p.m., Monday through Friday. Filming Et videotaping is prohibited
on Saturdays Et Sundays.
(2) With respect to "SECTION EIGHT: Restrictions Et requirements": The licensee must give notice
to residents of the proposed filming location within two hundred Et fifty (250) feet in each direction
of the location, on the same street as the film location.
-3-
Page 28 of 60
APPLICATION FOR MOTION PICTUREITELEVISIONISTILL PHOTOGRAPHY
TOWN OF MAMARONECK 740 WEST BOSTON POST ROAD
MAMARONECK, NY 10543 Tel: (914) 381-7810 Fax: (914) 381-7809
PLEASE NOTE: THIS PERMIT IS ISSUED TO THE APPLICANT TO FILM, TELEVISE OR TAKE STILL PHOTOGRAPHS ON
STREETS OR PROPERTY SUBJECT TO THE JURISDICTION OF THE TOWN OF MAMARONECK AT THE TIMES Et LOCATIONS
DESIGNATED BELOW. THIS PERMIT MUST BE IN POSSESSION OF THE APPLICANT AT ALL TIMES WHILE ON LOCATION.
FOR ADDITIONAL INFORMATION, CALL THE TOWN ADMINISTRATOR'S OFFICE (914) 381-7810.
PLEASE PRINT
COMPANY:
PRODUCTION CONTACT
PHONE #:
E-MAI L
LOCATION(S):
LICENSE NO.
ADDRESS
CELL PHONE#:
DATE(S) OF FILMING
TYPE OF PRODUCTION (TITLE, CELEBRITIES):
IF TV COMMERCIAL, PRODUCT NAME:
SCENE DESCRIPTION:
FAX #
HOURS:
EQUIPMENT:
GENERATOR: # IN CAST Et CREW:
# OF VEHICLES DIR ECTOR:
PRODUCTION MANAGER
INSURANCE COMPANY:
SIGNATURE OF FILM REPRESENTATIVE Et TITLE:
COPIES FORWARDED TO:
Police Dept. ❑ Fire Dept. ❑ Town Clerk ❑ Highway Dept. ❑ Parks/Recreation ❑
Is Insurance Certificate on file: Yes ❑ No ❑
Date: Town Representative Signature
License Fee: $ Location Fee: $ Total $
NOTICE: You have a right to appeal a denial of this application to the
Committee of Review (Supervisor Et one Town Board member). Appeals should be delivered to the
Office of the Town Clerk.
-4-
Page 29 of 60
215 Park
ness
WAN 2 NY Realty LLC Armonk,I NY 10504 Drive
June 30, 2022
Ms. Meredith Robson
Town Administrator
Town of Mamaroneck
townadministrator(a-)-TownofmamaroneckNY.org
RE: 1395 Boston Post Road
Dear Administrator Robson:
The purpose of this letter is to outline the reasons for our request to acquire the very
small parcel of land from the Town that is depicted on the annexed survey. We also
wish to provide the historical use of the property and the reason we would like to
purchase this property from the Town.
The building's previous use was for an auto parts retail / wholesale store occupied by
Advance Auto Parts. The building was vacated by Advance Auto Parts on December
31, 2017 and has been vacant since their lease ended. We have been unsuccessful
finding a tenant due to the limited parking until we found Veterinary Practice Partners
which is an animal hospital and will provide a needed service to the community.
The required parking for their use is adequate (as shown on the attached plan)
according to our engineer except it does not meet the setback requirements. To meet
the setback requirements, we need to purchase the additional land shown on the site
plan. The land has steep slopes and we believe of no use to the Town.
We have spoken to the Town Engineer and he has no problem with the sale of the
requested Town land. We are requesting Town Board approval for the purchase of
the land for $5,000.00.
Lastly, we have reached agreement with the veterinary practice on all the lease terms,
and we are ready to move forward with lease execution. This is the last item that
remains to enable us to move forward with this project. We would ask for your prompt
consideration because the veterinary practice has expressed its concern regarding the
length of time it has taken us to secure this small piece of property from the Town. We
Page 30 of 60
• Page 2
are genuinely concerned that any delay
veterinary practice as a tenant for the
benefited by this lease as well as will the
Respectfully,
Irwin Stockel
Managing Partner
July 1, 2022
in this process will result in our loss of this
property. We believe that all parties will be
Town and the surrounding community.
Page 31 of 60
N�vdo u-N,, [—�nfl qh(@(@Thgq lig
consulting engineers
Schedule A
1395 East Boston Post Road, Mamaroneck
Westchester County, New York
Tax Lot 224, Block 11, Section 4:
ALL that property situate, lying and being in the, Town of Mamaroneck, County of
Westchester, State of New York.
COMMENCING at the intersection of the Northerly road line of Bronson Road with
the Easterly road line of Boston Post Road;
RUNNING THENCE Northerly along the Easterly line of Boston Post Road, 1,052.86
feet to the POINT OR PLACE OF BEGINNING;
THENCE Northerly along the Easterly line of Boston Post Road, North 24 degrees 33
minutes 30 seconds East, 75.00 feet;
THENCE South 65 degrees 26 minutes 30 seconds East, 183.82 feet to lands now or
formerly of the Town of Mamaroneck;
THENCE Southerly along lands now or formerly of the Town of Mamaroneck, South
45 degrees 4 minutes 30 seconds West, 2.17 feet;
THENCE Southerly along lands now or formerly of the Town of Mamaroneck, South
53 degrees 15 minutes 30 seconds West, 15.16 feet;
THENCE Southerly along lands now or formerly of the Town of Mamaroneck, South
47 degrees 38 minutes 50 seconds West, 24.19 feet;
THENCE Southerly along lands now or formerly of the Town of Mamaroneck, South
49 degrees 49 minutes 40 seconds West, 41.38 feet to lands now or formerly of Harry T.
Flynn;
THENCE Westerly along lands now or formerly of Harry T. Flynn, North 65 degrees 26
minutes 30 seconds West, 148.61 feet to the POINT OR PLACE OF BEGINNING.
Hayduk Engineering, LLC
May 17, 2022
1010 Route 112, Suite 200, Port Jefferson Station, NY 11776 1 Tel: (631) 476-0600 I Fax: (631) 476-0606
Page 32 of 60
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consulting engineers
Schedule A
Property to be Acquired
East of 1395 East Boston Post Road, Mamaroneck
Westchester County, New York
Acquisition Area (p/o Tax Lot 1, Block 11, Section 4):
ALL that property situate, lying and being in the, Town of Mamaroneck, County of
Westchester, State of New York.
COMMENCING at the intersection of the Northerly road line of Bronson Road with
the Easterly road line of Boston Post Road;
RUNNING THENCE Northerly along the Easterly line of Boston Post Road, 1,052.86
feet,
RUNNING THENCE Northerly along the Easterly line of Boston Post Road, North 24
degrees 33 minutes 30 seconds East, 75.00 feet,
THENCE South 65 degrees 26 minutes 30 seconds East, 183.82 feet to lands now or
formerly of the Town of Mamaroneck to the POINT OR PLACE OF BEGINNING;
THENCE South 65 degrees 26 minutes 30 seconds East, 2.71 feet;
THENCE South 41 degrees 2 minutes 51 seconds West, 78.22 feet to lands now or
formerly of Harry T. Flynn;
THENCE Westerly along lands now or formerly of Harry T. Flynn, North 65 degrees 26
minutes 30 seconds West, 15.72 feet;
THENCE North 49 degrees 49 minutes 40 seconds East, 41.38 feet;
THENCE North 47 degrees 38 minutes 50 seconds East, 24.19 feet;
THENCE North 53 degrees 15 minutes 30 seconds East, 15.16 feet
THENCE North 45 degrees 4 minutes 30 seconds East, 2.17 feet to the POINT OR
PLACE OF BEGINNING.
Hayduk Engineering, LLC
May 17, 2022
1010 Route 112, Suite 200, Port Jefferson Station, NY 11776 Tel: (631) 476-0600 I Fax: (631) 476-0606
Page 33 of 60
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• Town of Mamaroneck
` Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
MRobson@TownofMamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Bid TA-22-10 —Replacement of Dump Truck Body
Date: July 11, 2022
Attached please find a memo from Rob Wasp regarding Bid TA-22-10 —
Replacement of Dump Truck Body. We are respectfully requesting the following
action by the board:
Resolved that the Town Board hereby approves the agreement with Trius, Inc.
to replace the dump truck body services and hereby authorizes the Town
Administrator to execute the agreement and any related documents necessary to
carry out its implementation.
Page 35 of 60
Town of Mamaroneck TEL: 914/381-7835
Engineering Department, Town Center FAX: 9141381-8473
740 West Boston Post Road, Mamaroneck, NY 10543-3353
Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org
Town Engineer
INTERDEPARTMENT MEMORANDUM
DATE: July 11, 2022
TO: Meredith Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Mike Pinto, Fleet Manager
FROM: Robert Wasp, P.E., Town Engineer
SUBJECT: Recommendation of Contract Authorization
TA-22-10 — Replacement of Dump Truck Body
GENERAL:
Bid procurement was recently completed for the Town's planned truck body replacement
contract. The project scope consists of the vendor services to purchase and install one (1) - 14'
Galion dump body with 14' E202OXT material spreader on an existing Town supplied truck
chassis. The existing truck (Fleet #202) is a 2003 Mack RD690S chassis with 41,545 miles and
4,000 hours of running time. Fleet Manager, Mike Pinto reports that the existing chassis is in
very good shape and resembles a durable, proven manufacturer platform compared to newer
chassis models. The body with new spreader will be used to replace a 1985 salt truck and is
expected to provide an additional 5-7 years of service on the chassis. Consideration of long lead
time of 12-18 months for delivery of a new comparable truck at costs of $275-$300,000 were
used to justify body replacement for this application.
Bid documents were publicly advertised using the empire state purchasing group (`Bidnet")
platform for a period of three weeks. On June 30th, 2022, one (1) bid proposal was received as
summarized on the attached bid tabulation table. The sole bidder is "Trius, Inc." at the submitted
total price of $71,183.00 for the build contract scope.
Trius, Inc. has extensive experience with truck body fabrications and has successfully completed
numerous dump truck builds for the Town of Mamaroneck. No errors or omissions that could
potentially impact the viability of their bid price have been identified at this time. The
Engineering Department recommends authorization of contract award to Trius, Inc. based upon
their submitted base bid amount of $71,183.00.
Budget for the replacement of dump truck body was planned as part of the capital project in the
amount of $90,000.00. The submitted total price of $71,183.00 is fully contained within the
available balance allocated to the capital project.
Please feel free to contact me with any questions.
Page 36 of 60
Town of Mamaroneck
Engineering Department, Town Center
740 W. Boston Post Road, Mamaroneck, NY 10543-3353
4 Contract # TA-22-10 REPLACEMENT OF DUMP TRUCK BODY
Bid Opening Results, June 30th at 11: 00 a.m. E. S. T.
Bid Item
Trius, Inc
Bohemia, NY 11716
Bid Bond. Yes
Item No. l: One (1) 14' Galion Replacement
Dump Body with 14' E2020XT Material Spreader
to be Mounted on a Town Supplied Chassis
$71,183.00
Total Bid Amount
$71,183.00
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Town of Mamaroneck
From:
Re:
Date:
Tracy Yogman - Town Comptroller T -
Fire Claims
July 13, 2022
The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes
and submitted to the Comptroller's Office for payment:
VENDOR DESCRIPTION
Hydro Test and Refill Scott 4.5 air, Scott parts, Air Pak refills,
AAA Emergency Supply Co., Inc computer test
Amazon.Com Poland Spring water, turtle wax and Dewalt metal cutting wheel
Champion Elevator Maintenance for month of July 2022
Fire -End & Croker Corp. Fire Hunter USA boots
Grainger Bathroom cleaner, grease aerosol and broom handle
Home Depot Prime Douglas Fir Stud, (3) husky storage bins, 100 pk staples
KVI Uniforms & Equipment, Inc Polo shirts, embroidery
Lightbody Plumbing & Heating Clear blockage in kitchen sink drain
Optimum Cable services for 6/23-7/22/22
Ready Refresh Water cooler rental 5/19-6/18/22
Royal Comfort LLC Diagnostic fee, one pound refrigerant
SG Fire Protection Kitchen hood cleaning
Schufire-dba Waterway Long Island Annual NFPA testing of fire apparatus pumps
Amount
$ 561.74
183.31
192.50
307.23
60.01
94.67
328.50
175.00
271.05
189.80
597.00
475.00
870.00
UniFirst Corporation Cleaning Supplies - 5/20, 6/17, 6/24, 7/1/22 475.48
Verizon TMFD 300M Fios Redundant Circuit 5/25/22 289.99
Verizon Fire HQ service 6/10-7/9/22 268.19
WJWW 6" Metered Fire Service 5/26-6/25/22 37.00
Total $ 5,376.47
Page 38 of 60
TOWN OF MAMARONECK FIRE DEPARTMENT
OFFICE OF THE
CHIEF
tM
� - WEAVER '
c
P D
To: Board of Fire Commissioners
From: Chief Shaun Hughes
Date: July 5, 2022
Re: Fire Report for the Month of June 2022
Headquarters
205 WEAVER STREET
LARCH MONT, NEW YORK 10538
834-2100 EMERGENCY
834-2101 - NON EMERGENCY
834-2438 CHIEF'S OFFICE
834-0922 - FAX
WWW.TMFD.ORG
The following report outlines response to calls made during the month of June 2022. It summarizes the
nature, the number of personnel responding and the total time spent.
I have also attached a report showing a further breakdown of these alarms.
Alarm Type
Number
Generals
30
Minors
40
Stills
2
Out of Town Mutual Aid
2
EMS
32
Drills
3
TOTAL
109
Total number of personnel responding:
Total time working:
Respectfully Submitted,
Chief Shaun Hughes
661
39 hours and 12 minutes
June 22, 2022
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE
MAMARONECK TOWN BOARD HELD JUNE 22, 2022, BEGINNING AT 5:00 PM IN
CONFERENCE ROOM C AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF
THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK
PRESENT: Supervisor Jaine Elkind Eney
Councilwoman Abby Katz
Councilwoman Sabrina Fiddelman
Councilman Jeffery L. King
Councilwoman Robin Nichinsky
ALSO PRESENT: Allison May, Town Clerk
Meredith S. Robson, Town Administrator
Connie Green O'Donnell, Deputy Town Administrator
William Maker, Jr., Town Attorney
Lindsey Luft, Assistant to the Town Administrator
Tracy Yogman, Comptroller
Shyam Pandya, IT Director
Gilbert Asamoah, Network Specialist
CALL TO ORDER - WORK SESSION
The Work Session of the Town Board was called to order by Supervisor Elkind Eney, then on motion of
Councilwoman Fiddelman, seconded by Councilman King, the Work Session was unanimously opened
at 5:00 p.m.
1. Presentation — R.E.A.L.M. (Recognizing Enslaved Africans of Larchmont Mamaroneck)
Judy Silberstein of the League of Women Voters, introduced REALM. Ms. Silberstein explained how
REALM started and how they had selected the team of artists that developed the Memorial being
proposed for the Town of Mamaroneck. REALM presented their research, the goals they set forth
for the Memorial, and detailed the many ways in which they would involve the community in the
development of the Memorial. REALM detailed their focus on educational programing and
mentioned how their fundraising would be for both the installation of the Memorial as well as for
the educational components. REALM sought the approval from the Town Board to continue
planning, and to begin a survey of the proposed site of the Memorial. (See presentation,
Attachment X.)
The Town Board requested that REALM set up the proposed layout of the Memorial for their
review, including putting stakes in the ground at the site, so that the Town Board visualize
placement and size of the sanctuary. REALM is to complete a poll, including the REALM artists and
team, in the poll to determine the day and time.
Page 39 of 60
June 22, 2022
2. (Out of Order) Public Hearing --Town Clerk— Supervisor Eney stated that the public hearing of the
"Consideration of Local Law to Create Appointed Town Clerk Position" would be deferred.
3. (Out of Order — Originally Item #9) Discussion — Westchester Power MOU — Sustainable
Westchester requested that the Town Board vote on a revised MOU. After two MOUs, Sustainable
Westchester had failed to achieve a contract because both the pricing offered during the bid cycle
was above what was agreed to by the municipalities and the term had exceeded the time limit. As
such, this round, Sustainable Westchester proposed proceeding with a new MOU noting both the
lowest acceptable bid, as well as offering flexibility in terms of the start date. Sustainable
Westchester's goal is to get the revised MOUs in hand from all municipalities for bid around July
11th or 12th. Six municipalities have signed off to date. The Town Board agreed to review
Sustainable Westchester's presentation at 8:30pm.
4. Presentation — iCompass Paperless Agendas & Ipad App ---IT Director Shyam Pandya walked the
Town Board through various aspects of the new iCompass Agenda Notes app, including writing
notes on viewing an agenda and the agenda items. Network Specialist Gilbert Asamoah was also
on hand to assist the Town Board in viewing attachments, highlighting, and making notes. Agreed
that Mr. Pandya would contact iCompass for further clarification on the undo and erase features.
5. Discussion —Parking Adiacent to 16 North Chatsworth-- The Town does not have jurisdiction over
this property, it belongs to Westchester County. The Town Board agreed to provide 16 North
Chatsworth with a contact at the County.
6. (Out of Order — Originally Item #14) Request for Executive Session— In order to discuss the
employment history of a particular individual, Councilwoman Katz made a motion to enter into an
Executive Session. Councilman King seconded the motion.
On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Board unanimously
agreed to resume the Regular Meeting.
Discussion — Cooperative Pricing Agreement with the Educational Services Commission of New
Jersey — Administrator Robson explained to the Town Board that New York State general municipal
law allows communities to take advantage of other state's cooperative purchasing agreements, as
long as they are competitively bid and open to other communities. The Town Board discussed
using as an additional Town resource and more opportunities to garner items at a more
competitive price. The Town Board agreed to add to tonight's agenda.
8. Discussion — Readoption of Six 2022 Bond Resolutions —Because of a mistake in properly noticing
six bond resolutions, Comptroller Yogman presented six previously approved bond resolutions for
readoption. The Town Board agreed to add to tonight's agenda.
9. Review — 2023 Budget Calendar —Comptroller Yogman presented the proposed Budget Calendar
for 2023. The Town Board agreed to add to tonight's agenda. Administrator Robson noted the
final adoption date of the proposed budget and the possible need to change the last meeting.
10. Discussion of Award — TA-22-07 — Resurfacing of Various Roads -- The Town Board discussed and
agreed to defer to another meeting, possibly necessitating a Special Meeting in order to avoid
waiting until July 13th.
2
Page 40 of 60
June 22, 2022
11. Discussion — Commuter Parking Regulations -- The Town Board discussed a complaint
regarding street parking regulations near the Larchmont Train Station. The Town Board
agreed to track any additional complaints through the Traffic Committee.
12. Retirement Reporting Resolution for Supervisor Elkind Eney -- The Town Board reviewed the
Resolution and agreed to add to tonight's agenda.
CALL TO ORDER - REGULAR MEETING
OUT OF ORDER —AFFAIRS OF THE TOWN
1. (Out of Order) Authorization — Readoption of Six 2022 Bond Resolutions
A. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, TOWN
CENTER BUILDING RECONSTRUCTION, IN AND FOR THE TOWN OF MAMARONECK,
WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $765,000
AND AUTHORIZING THE ISSUANCE OF $765,000 SERIAL BONDS OF SAID TOWN TO
PAY THE COST THEREOF.
WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a
Type II Action pursuant to the regulations of the New York State Department of Environmental
Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations
state that Type II Actions will not have a significant adverse impact on the environment;
NOW, THEREFORE,
WHEREAS, it is now desired to authorize the financing of such capital project;
NOW, THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength
of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows:
Section 1. Town Center building reconstruction, in and for the Town of Mamaroneck,
Westchester County, New York, being roof replacement and elevator modernization, including original
furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and
expenses in connection therewith, is hereby authorized at a maximum estimated cost of $765,000.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the
issuance of $765,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the
provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is fifteen years, pursuant to subdivision 12(a) of paragraph a of Section
11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the
bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Mamaroneck, Westchester County,
New York, are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such bonds becoming due and payable in
3
Page 41 of 60
June 22, 2022
such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient
to pay the principal of and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds
herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief
fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner,
as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.
Section 6. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining annual debt service
and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on
said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal
agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds
are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for
the manual countersignature of a fiscal agent or of a designated official of the Town), the date,
denominations, maturities and interest payment dates, place or places of payment, and also including
the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and
shall otherwise be in such form and contain such recitals in addition to those required by section 52.00
of the Local Finance Law, as the Supervisor shall determine.
Section 7. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with
respect to the permanent funding of the object or purpose described herein.
Section 8. The validity of such bonds and bond anticipation notes may be contested only
if:
1) Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date
of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. Upon this resolution taking effect, the same shall be published in summary
form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk
in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.
On motion of Councilman King, seconded by Councilwoman Katz, the above resolution was put to a
roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
4
Page 42 of 60
June 22, 2022
B. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE
PURCHASE OF A FINANCIAL MANAGEMENT SYSTEM, FOR THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED
COST OF $203,400 AND AUTHORIZING THE ISSUANCE OF $203,400 SERIAL BONDS OF
SAID TOWN TO PAY THE COST THEREOF.
WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a
Type II Action pursuant to the regulations of the New York State Department of Environmental
Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations
state that Type II Actions will not have a significant adverse impact on the environment;
NOW, THEREFORE,
WHEREAS, it is now desired to authorize the financing of such capital project;
NOW, THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength
of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows:
Section 1. The purchase of a financial management system, in and for the Town of
Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith,
is hereby authorized at a maximum estimated cost of $203,400.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the
issuance of $203,400 bonds of said Town, hereby authorized to be issued therefor pursuant to the
provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is ten years, pursuant to subdivision 81(a) of paragraph a of Section 11.00
of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds
herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Mamaroneck, Westchester County,
New York, are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such bonds becoming due and payable in
such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient
to pay the principal of and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds
herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief
fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner,
as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.
Section 6. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining annual debt service
and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on
said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal
agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds
are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for
the manual countersignature of a fiscal agent or of a designated official of the Town), the date,
denominations, maturities and interest payment dates, place or places of payment, and also including
the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and
shall otherwise be in such form and contain such recitals in addition to those required by section 52.00
of the Local Finance Law, as the Supervisor shall determine.
5
Page 43 of 60
June 22, 2022
Section 7. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with
respect to the permanent funding of the object or purpose described herein.
Section 8. The validity of such bonds and bond anticipation notes may be contested only
if:
1) Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date
of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. Upon this resolution taking effect, the same shall be published in summary
form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk
in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM
On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the above resolution was
put to a roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
C. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE
REPLACEMENT OF TRAFFIC SIGNAL SYSTEMS, FOR THE TOWN OF MAMARONECK,
WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $415,000
AND AUTHORIZING THE ISSUANCE OF $415,000 SERIAL BONDS OF SAID TOWN TO
PAY THE COST THEREOF.
WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a
Type II Action pursuant to the regulations of the New York State Department of Environmental
Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations
state that Type II Actions will not have a significant adverse impact on the environment;
NOW, THEREFORE,
WHEREAS, it is now desired to authorize the financing of such capital project;
NOW, THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength
of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows:
Section 1. The replacement of traffic signal systems, in and for the Town of Mamaroneck,
Westchester County, New York, including incidental expenses in connection therewith, is hereby
authorized at a maximum estimated cost of $415,000.
6
Page 44 of 60
June 22, 2022
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the
issuance of $415,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the
provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is ten years, pursuant to subdivision 72 of paragraph a of Section 11.00 of
the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds
herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Mamaroneck, Westchester County,
New York, are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such bonds becoming due and payable in
such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient
to pay the principal of and interest on such bonds as the same become due and payable.
Section S. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds
herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief
fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner,
as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.
Section 6. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining annual debt service
and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on
said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal
agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds
are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for
the manual countersignature of a fiscal agent or of a designated official of the Town), the date,
denominations, maturities and interest payment dates, place or places of payment, and also including
the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and
shall otherwise be in such form and contain such recitals in addition to those required by section 52.00
of the Local Finance Law, as the Supervisor shall determine.
Section 7. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with
respect to the permanent funding of the object or purpose described herein.
Section 8. The validity of such bonds and bond anticipation notes may be contested only
if:
1) Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date
of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. Upon this resolution taking effect, the same shall be published in summary
form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk
in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.
7
Page 45 of 60
June 22, 2022
On motion of Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, the above resolution
was put to a roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
D. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, ROAD
RECONSTRUCTION, THROUGHOUT AND IN AND FOR THE TOWN OF MAMARONECK,
WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $642,380
AND AUTHORIZING THE ISSUANCE OF $642,380 SERIAL BONDS OF SAID TOWN TO
PAY THE COST THEREOF.
WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a
Type II Action pursuant to the regulations of the New York State Department of Environmental
Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations
state that Type II Actions will not have a significant adverse impact on the environment;
NOW, THEREFORE,
WHEREAS, it is now desired to authorize the financing of such capital project;
NOW, THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength
of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows:
Section 1. Reconstruction of various roads, throughout and in and for the Town of
Mamaroneck, Westchester County, New York, including drainage, sidewalks, curbs, gutters,
landscaping, grading or improving rights -of -way, as well as other incidental improvements and
expenses in connection therewith, is hereby authorized at a maximum estimated cost of $642,380.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the
issuance of $642,380 bonds of said Town, hereby authorized to be issued therefor pursuant to the
provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section
11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the
bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Mamaroneck, Westchester County,
New York, are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such bonds becoming due and payable in
such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient
to pay the principal of and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds
herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief
fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner,
as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.
8
Page 46 of 60
June 22, 2022
Section 6. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining annual debt service
and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on
said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal
agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds
are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for
the manual countersignature of a fiscal agent or of a designated official of the Town), the date,
denominations, maturities and interest payment dates, place or places of payment, and also including
the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and
shall otherwise be in such form and contain such recitals in addition to those required by section 52.00
of the Local Finance Law, as the Supervisor shall determine.
Section 7. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1AS0 - 2. Other than as specified in this resolution, no monies are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with
respect to the permanent funding of the object or purpose described herein.
Section 8. The validity of such bonds and bond anticipation notes may be contested only
if:
1) Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date
of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. Upon this resolution taking effect, the same shall be published in summary
form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk
in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.
On motion of Councilman King, seconded by Councilwoman Katz, the above resolution was put to a
roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
E. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE
PURCHASE OF HIGHWAY MAINTENANCE EQUIPMENT AND VEHICLES, FOR THE
TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM
ESTIMATED COST OF $343,000 AND AUTHORIZING THE ISSUANCE OF $343,000
SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF.
WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a
Type II Action pursuant to the regulations of the New York State Department of Environmental
9
Page 47 of 60
June 22, 2022
Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations
state that Type II Actions will not have a significant adverse impact on the environment;
NOW, THEREFORE,
WHEREAS, it is now desired to authorize the financing of such capital project;
NOW, THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength
of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows:
Section 1. The purchase of highway maintenance equipment and vehicles, each item of
which costs $30,000 or more, for the Town of Mamaroneck, Westchester County, New York, including
incidental equipment and expenses in connection therewith, is hereby authorized at a maximum
estimated cost of $343,000.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the
issuance of $343,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the
provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00
of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds
herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Mamaroneck, Westchester County,
New York, are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such bonds becoming due and payable in
such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient
to pay the principal of and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds
herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief
fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner,
as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.
Section 6. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining annual debt service
and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on
said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal
agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds
are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for
the manual countersignature of a fiscal agent or of a designated official of the Town), the date,
denominations, maturities and interest payment dates, place or places of payment, and also including
the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and
shall otherwise be in such form and contain such recitals in addition to those required by section 52.00
of the Local Finance Law, as the Supervisor shall determine.
Section 7. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with
respect to the permanent funding of the object or purpose described herein.
Section 8. The validity of such bonds and bond anticipation notes may be contested only
if:
10
Page 48 of 60
June 22, 2022
1) Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date
of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. Upon this resolution taking effect, the same shall be published in summary
form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk
in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.
On motion of Councilwoman Katz, seconded by Councilman King, the above resolution was put to a
roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
F. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM,
RECONSTRUCTION OF SIDEWALKS AND CURBS, THROUGHOUT AND IN AND FOR THE
TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM
ESTIMATED COST OF $618,500 AND AUTHORIZING THE ISSUANCE OF $618,500
SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF.
WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a
Type II Action pursuant to the regulations of the New York State Department of Environmental
Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations
state that Type II Actions will not have a significant adverse impact on the environment;
NOW, THEREFORE,
WHEREAS, it is now desired to authorize the financing of such capital project;
NOW, THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength
of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows:
Section 1. Reconstruction of various sidewalks and curbs, throughout and in and for the
Town of Mamaroneck, Westchester County, New York, including curb rehabilitation, guiderails, and
incidental improvements and expenses in connection therewith, is hereby authorized at a maximum
estimated cost of $618,500.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the
issuance of $618,500 bonds of said Town, hereby authorized to be issued therefor pursuant to the
provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of
the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds
herein authorized will exceed five years.
11
Page 49 of 60
June 22, 2022
Section 4. The faith and credit of said Town of Mamaroneck, Westchester County,
New York, are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such bonds becoming due and payable in
such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient
to pay the principal of and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds
herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief
fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner,
as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.
Section 6. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining annual debt service
and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on
said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal
agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds
are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for
the manual countersignature of a fiscal agent or of a designated official of the Town), the date,
denominations, maturities and interest payment dates, place or places of payment, and also including
the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and
shall otherwise be in such form and contain such recitals in addition to those required by section 52.00
of the Local Finance Law, as the Supervisor shall determine.
Section 7. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with
respect to the permanent funding of the object or purpose described herein.
Section 8. The validity of such bonds and bond anticipation notes may be contested only
if:
1) Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date
of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. Upon this resolution taking effect, the same shall be published in summary
form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk
in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.
12
Page 50 of 60
June 22, 2022
On motion of Councilwoman Fiddelman, seconded by Councilman King, the above resolution was put
to a roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
SUPERVISOR'S REPORT
Welcome to the June 22, 2022 meeting of the Town Board of the Town of Mamaroneck.
The Town Board met today for a Work Session here in the Senior Center starting at 5:O0pm,
which is open to the Public.
NEW WEBSITE:
We have launched the new website!! Please check out all of the new features, particularly the
RESIDENT HUB where all of the commonly used functions are located. And of course, please
sign up for notifications and alerts using the circle button.
I want to thank the Town Team that worked on this Steve Altieri, then Meredith Robson.
Connie Green -O'Donnell, Margaret Delohery, our IT Staff, Shyam Pandya, Atilla Papp and
Gilbert Asamoah, with a special thanks to Lindsey Luft who lived and breathed website from
the inception of this project.
TREES:
Yesterday a new batch of lovely trees were planted in the Town! The first eight trees were
planted on Durham Road, Myrtle Boulevard, East and West Brookside Drive and Daymon
Terrace. Today an additional ten trees were to be planted, weather permitting. The species
were Red Oak, Holly, Hawthorne, Elm, Crabapple and Red Maple
Tonight is MHS graduation!!
Congratulations to the class of 2022. You have a bright future ahead of you and we wish you
every success.
Events:
June 9- 1 attended Mamaroneck Chamber of Commerce Breakfast at Beachpoint Club.
June 15-Sabrina and I attended the Gathering against Hate at the County Court House Plaza in
White Plains. There was a big enthusiastic crowd and there were inspiring speeches from GL,
Mimi Rocah, Westchester County DA, Andrea Stewart Cousins, NYS Senate Majority Leader
and Jirandy Martinez from the CRC.
June 16- we bid farewell to our Court Clerk Denise Cookingham, who has held that position for
nearly three decades. During that time, she was known for her dedication to the Justice Court
of the Town of Mamaroneck, where she worked with and supported five Mamaroneck Town
Justices during her tenure and ensured that the Town Court Clerks were a strong support of
Town Court operations. We wish her a long and happy retirement.
June 16- There was a meeting of the Boards of the TOM and the VOL to continue discussions
about our relationship with them as regards sanitation.
Juneteenth- I attended the Juneteenth celebration in Columbus Park in the Village of
Mamaroneck. It was great to see so many people involved in celebrating this important holiday
June 20- Neighbors for Refugees annual Donor and Volunteer Recognition Party. Neighbors for
refugees is a non-profit based in Larchmont and Mamaroneck, whose mission is to help
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Page 51 of 60
June 22, 2022
refugees resettle and thrive in the tri-state area. They recently placed a Ukranian mother and
son in Larchmont. The son is already attending Hommocks.
June 22-1 attended the groundbreaking event marking the start of Regeneron's $1.8 billion
expansion in Tarrytown, Westchester County. Regeneron has been in the news recently for
their development of medicines that treat COVID. This investment is very important for the
County economy and will create 1,000 jobs. The event was attended by, among others, the two
Founders/Presidents of Regeneron, Governor Kathy Hochul, Senate Majority Leader Andrea
Stewart -Cousins, and County Executive George Latimer.
On a personal note, 1 officiated at my first wedding lost Saturday. 1 was so honored to be asked
to officiate and it was wonderful to be a part of such a happy event in two families' lives.
Upcoming Events:
On June 25, 2022 the shred mobile will be at Maxwell Ave Recycling Center from 10am -
1:00pm. Seethe link on our Facebook page and on our website for details.
On June 29, 2022 the annual Fireman's Parade will take place in the VOM. This is myfavorite
parade all year, so 1 am looking forward to it. AND, this parade was just voted Best Local
Parade, a "Best in Westchester Winner 2022" by Westchester Magazine.
PRESENTATION
Dan Welsh of Sustainable Westchester presented the situation of the Westchester Power Program, the
2022 Program Pause and the MOU/Contracting Schedule. (See attached presentation, Attachment A.)
(Out of Order — Affairs of Town, Agenda Item #4) Authorization — Westchester Power MOU
On motion of Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, it was unanimously
RESOLVED, that the Mamaroneck Town Board hereby authorizes the Westchester Power
MOU and authorizes the Town Administrator to sign the agreement and any related
documents necessary to carry out its implementation.
The above resolution was put to a roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
PUBLIC HEARINGS
1. Consideration of Local Law to Create Appointed Town Clerk Position --
Supervisor Elkind Eney stated that the Town Board has decided to defer this Public Hearing.
Supervisor Elkind Eney noted that while the change of this position from an elected to an
appointed position is something that the Town Board had discussed for several years, the Town
Board acknowledges that it is a new concept to the public. Therefore, the Town Board will defer
14
Page 52 of 60
June 22, 2022
the hearing to a more appropriate time. Supervisor Elkind Eney reviewed the thoughts the Town
Board had been considering when they proposed the law.
Councilwoman Nichinsky reminded everyone that once the Town Board decides to hold the Public
Hearing on this law, everyone will have proper notice and the opportunity to share their point of
view. Councilwoman Katz then noted that residents will also have the opportunity to vote on a
referendum, if the local law is passed by the Town Board, as it will be put to a vote.
The following Notice of Public Hearing is entered into the record as follows:
PUBLIC HEARING NOTICE
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New
York, a Public Hearing will be held on Wednesday, June 22, 2022, at 8:00 PM or as soon thereafter as is
possible, to consider the Implementation of Videoconferencing by Public Bodies in the Town of
Mamaroneck" law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York.
The Town Board has determined that by changing the office of Town Clerk from an elective position to
an appointive on the Town Board can select a person with the professional qualifications needed to
serve the Mamaroneck community and perform the other tasks that the office of Town Clerk is called
upon to perform. Furthermore, instead of operative independently, the office of Town Clerk should be
integrated into the overall Town government under the immediate supervision of the Town
Administrator, and ultimately be responsible to the Town Board, just like the other department heads,
such as Assessor, the Building Inspector, and the Superintendent of Recreation so that the Town
government can function in a more coordinated manner.
You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or
Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/.
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: June 14, 2022
2. Public Input Session —Section 4(f) De Minimus Action Determination — NYSDOT PIN 8815.27
Routes 6 & 125 Pavement & Pedestrian Improvements
Town Administrator Robson asked the public for comment on this project proposed by the NYSDOT.
The NYSDOT is in the design planning phase for replacement of sidewalks along a portion of Weaver
Street (NYS Rt 125). Replacement of sidewalks along the frontage of Town owned parcel "4-6-1",
formerly known as the "Weaver Street Chapel" site is included in the state's project. Completed survey
has determined that a portion of the sidewalk is located on the Town's property outside of the Weaver
Street right-of-way. NYSDOT has initiated proceedings to acquire the small footprint of Town owned
15
Page 53 of 60
June 22, 2022
land to rectify the reconstructed sidewalks within the State right-of-way The Town owned parcel was
historically dedicated to Mamaroneck Park District No. 1.
Although the space is not formally utilized for park purposes, the dedication necessitates the subject
determination to support acquisition. The NYSDOT's project will reconstruct sidewalks within their
existing footprint and will not in any way encumber use of or access to the Town owned parcel. While
this is project is deemed a de minimis impact, and will not adversely affect the property, we must
provide the public with the opportunity to comment.
There were no public comments.
RESIDENT COMMENTS
Supervisor Elkind Eney asked if there was anyone in the audience who wished to make a public
comment on any other topics and there was not.
BOARD OF FIRE COMMISSIONERS
Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Fiddelman,
seconded by Commissioner Katz, the Board of Fire Commissioners was unanimously declared open.
Present were the following Members of the Commission:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
1. Fire Claims
Jaine Elkind Eney
Abby Katz
Sabrina Fiddelman
Jeffery L. King
Robin Nichinsky
On motion of Commissioner King, seconded by Commissioner Katz, it was
RESOLVED that this Commission does hereby authorize payment of the
following Fire Department Claims as approved by the Fire Chief and
audited by the Comptroller's Office:
See Attachment B.
The above resolution was put to a roll call vote:
Commissioner Nichinsky Aye
Commissioner King
Aye
Commissioner Fiddelman
Aye
Commissioner Katz
Aye
Commissioner Elkind Eney
Aye
16
Page 54 of 60
June 22, 2022
There being no further business to come before the Commission, on motion of Commissioner King,
seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board
reconvened.
AFFAIRS OF THE TOWN
1. Authorization — Cooperative Pricing Agreement with the Educational Services Commission of New
Jersey
On motion Councilwoman Fiddelman, seconded by Councilwoman Katz, it was
Resolved that the Town Board hereby adopts the resolution as set forth and authorizes
the Town Administrator to sign the agreement and any related documents necessary to
carry out its implementation.
The above resolution was put to a roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
1. Authorization —NYS Retirement Reporting Resolution —Town Supervisor Elkind Eney
On motion of Councilwoman Fiddelman, seconded by Councilman King, it was unanimously
RESOLVED, that the Mamaroneck Town Board hereby reports the following days worked to the
New York State and Local Employees' Retirement System based on the record of activities
maintained and submitted by this individual, and recertified where applicable, to the Town
Clerk of this body:
Name
Social
NYSLRS ID
Title
Current Term
Standard
Record of
Pay
Security
Work Day
Activities
Frequency
Number
Begin & End
Result
(last 4
Dates
digits)
Jaine Elkind
60005626
Town
1/1/22 thru
7
10.01
Biweekly
Eney
Supervisor
12/31/23
On motion Councilwoman Fiddelman, and seconded by Councilman King, the NYS Standard Workday
Resolution was put to a roll call vote:
17
Page 55 of 60
June 22, 2022
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
2. Certiorari
On motion Councilwoman Katz, and seconded by Councilwoman Nichinsky, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the following
tax certiorari on the following terms with Joseph Spadaro:
Section/Block/Lot: 9-7-182
Town of Mamaroneck/Village of Mamaroneck
228-230 Mamaroneck Avenue
Section/Block/Lot: 9-7-344
Town of Mamaroneck/Village of Mamaroneck
Section 9, Block 7, Lot 182
Year
Assessment
Reduction
Reduced Assessment
2021
1,300,000
65,000
1,235,000
Section 9, Block 7, Lot 344
Year
Assessment
Reduction
Reduced Assessment
2021
1,350,000
67,500
1,282,500
The above resolution was put to a roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
3. Salary Authorization —Assistant Civil Engineer
On motion of Councilwoman Katz, seconded by Councilman King, it was unanimously
RESOLVED, that the Mamaroneck Town Board hereby authorizes the appointment of Carol Murray
as an Assistant Civil Engineer at an annual salary of $96,131, effective no later than July 1S, 2022.
18
Page 56 of 60
June 22, 2022
The above resolution was put to a roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
4. Appointment -- Two Members of the Sustainability Collaborative
On motion of Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was unanimously
RESOLVED, that Mark Kramer and Denise Dunn be appointed to the position of Member A and
Member C, respectively, of the Town of Mamaroneck Sustainability Collaborative, and
BE IT FURTHER
RESOLVED, that the foregoing appointments shall be effective immediately upon the
appointees taking and subscribing the oath mandated by section 25 of the New York Town Law
and shall expire on December 31, 2023.
REPORT OF MINUTES
On motion of Councilwoman King, seconded by Councilwoman Katz, it was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby
approve the Board Minutes from the meeting of May 4, 2022.
REPORTS OF COUNCIL
The Town Board Members reported on their various activities and meetings since the last Town Board
Meeting.
TOWN CLERK'S REPORT
The Town Clerk mentioned the Pollinator Tour this Sunday and congratulated the Mamaroneck Public
Library on winning the '2022 Best of Westchester— Library'.
TOWN ATTORNEY'S REPORT
The Town Attorney congratulated himself for not knocking out anyone's teeth with a microphone this
evening and wished his parents posthumously a happy 75t" Anniversary.
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June 22, 2022
TOWN ADMINISTRATOR'S REPORT
The Town Administrator congratulated Lindsey Luft, Assistant to the Town Administrator, on becoming
the new President of the Westchester Municipal Administrator's Association.
CLOSING COMMENTS SUPERVISOR ELKIND ENEY
The NEXT REGULARLY SCHEDULED TOWN BOARD MEETING will be held on Wednesday, July 13, 2022,
5pm at the Senior Center — to be confirmed.
ADJOURNMENT
On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the meeting was
unanimously adjourned.
Submitted by
Allison May, Town Clerk
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MINUTES OF JOINT MEETING OF THE TOWN BOARD AND THE VILLAGE OF LARCHMONT BOARD
REGARDING THE FUTURE OF SANITATION SERVICES
June 16, 2022
PRESENT: Supervisor Jaine Elkind Eney
Councilwoman Abby Katz
Councilwoman Sabrina Fiddelman
Councilman Jeffery L. King
Councilwoman Robin Nichinsky
ALSO PRESENT: Meredith Robson, Town Administrator
Steve Altieri, Sanitation Commission Superintendent (via Zoom)
Village of Larchmont Mayor and Board of Trustees
Village of Larchmont Village Administrator
CALL TO ORDER
The Town Board opened its portion of the meeting at 6:15 PM on a motion from Sabrina Fiddelman and
a second by Jeff King.
Supervisor Elkind-Eney made opening remarks regarding the Town Board's thoughts on the future of the
sanitation service. She mentioned that the Town Board would like to see an expanded district because
that would provide the most cost-effective and efficient service for all residents.
Mayor Walsh also provided initial remarks regarding the Village Board's thoughts on the sanitation
options presented. Its Board does not believe the expanded district is a good option for the Village
because the Village Board would lose any official authority over the service.
Significant discussion involved various issues, such as the possibility of entering into an IMA for 40
Maxwell Ave services, the concept of holding quarterly meetings between the communities to review
any sanitation service concerns and ideas for future services, the delays in the time it could take to make
decisions on future operations if both Boards were involved, the allocation of costs, the timing involved
in various options, and similar topics related to the current and future delivery of sanitation services.
The decision was made to hold smaller group meetings (no more than two elected officials from each
Board) quickly to see if the two Boards could come to some resolution regarding the future of these
services. It was also suggested that each Board determine what types of services changes and
enhancements they'd like to see in the future.
The Town Board adjourned its portion of the meeting at 7:10 PM on a motion from Sabrina Fiddelman
and a second by Jeff King.
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June 29, 2022
MINUTES OF THE SPECIAL MEETING OF THE MAMARONECK TOWN BOARD
HELD JUNE 29, 2022, BEGINNING AT 12:30 PM IN CONFERENCE ROOM C OF THE
TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK
PRESENT: Supervisor Jaine Elkind Eney
Councilwoman Sabrina Fiddelman
Councilwoman Robin Nichinsky
ALSO PRESENT: Allison May, Town Clerk
Meredith S. Robson, Town Administrator
Robert Wasp, Town Engineer
CALL TO ORDER - SPECIAL MEETING
The Special Meeting of the Town Board was called to order by Supervisor Elkind Eney, then on
motion of Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, the Special Session was
unanimously opened at 12:30 p.m.
1. Refection of Bid TA-22-07 — Resurfacing of Various Roads
On motion Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, it was
RESOLVED, that the Mamaroneck Town Board hereby rejects bid TA-22-07, Resurfacing
of Various Roads, received on May 31,2022 and authorizes the work to be re -bid as soon
as possible.
The above resolution was put to a roll call vote:
Nichinsky
Aye
Fiddelman
Aye
Elkind Eney
Aye
On motion of Councilwoman Nichinsky, seconded by Councilwoman Fiddelman the meeting was
unanimously adjourned.
Submitted by
Allison May, Town Clerk
1
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