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HomeMy WebLinkAbout2022_11_02 Town Board Meeting PacketTown of Mamaroneck Town Board Agenda Wednesday, November 2, 2022 Page 5:00 PM THE TOWN BOARD WORK SESSION The Work Session will convene in Conference Room D located on the Ground Floor at the Town Center. CALL TO ORDER WORK SESSION ITEMS 1. Discussion - Humane Society of Westchester Agreement 4-9 Humane Society of Westchester Agreement 2. Discussion - Fields for Kids! Inc. Agreement 10 - 14 Fields for Kids! Inc. Agreement 3. Discussion - Agreement with Woodard and Current for Hommocks Fields 15 - 22 Engineering Services Agreement with Woodard and Current for Hommocks Fields Engineering Services 4. Discussion - Acceptance of Donation to the Town of Mamaroneck Police 23 - 24 Department Acceptance of Donation to the Town of Mamaroneck Police Department 5. Discussion - Amendment to the Appellate Procedure of Chapter 99 of the 25 - 27 Code of the Town of Mamaroneck Law Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law 6. Discussion - Requests to Remove Commuter Parking Restrictions 28 - 99 Requests to Remove Commuter Parking Restrictions 7. Discussion - Traffic Committee Recommendation to Eliminate Parking Spaces 100 - 102 Traffic Committee Recommendation to Eliminate Parking Spaces 8. Discussion - Reduction of Townwide Speed Limit to 25MPH 103 Reduction of Town -wide Speed Limit to 25MPH - Pdf 9. Discussion - Q3 2022 Operating Budget Report 104 - 111 Q3 2022 Operating Budget Report 10. Discussion - Q3 2022 Capital Budget Report 112 - 120 Q3 2022 Capital Budget Report 11. Discussion - Q3 2022 Operating Budget Amendments 121 - 124 Page 1 of 233 Q3 2022 Operating Budget Amendments 12. Discussion - Q3 2022 Capital Budget Amendments 125 - 129 Q3 2022 Capital Budget Amendments 13. Request for Executive Session 14. Additions to Regular Meeting Agenda 15. Discussion - 2023 Tentative Budget 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.org Call to Order Supervisor's Report Public Hearing(s) 1. Contraction of the Mailing Area for Notification in Land Use Applications Law 130 - 137 Contraction of the Mailing area for Notification in Land Use Applications Law Resident Comments Staff Comments/ Presentations Board of Fire Commissioners 1. Call to Order 2. Fire Claims 138 - 140 Fire Claims 3. Other Fire Department Business Affairs of the Town of Mamaroneck 1. Authorization - Humane Society of Westchester Agreement 141 - 146 Humane Society of Westchester Agreement 2. Authorization - Fields for Kids! Inc. Agreement 147 - 151 Fields for Kids! Inc. Agreement 3. Authorization - Agreement with Woodard and Current for Hommocks Fields 152 - 159 Engineering Services Agreement with Woodard and Current for Hommocks Fields Engineering Services 4. Authorization - Acceptance of Donation to the Town of Mamaroneck Police 160 - 161 Department Acceptance of Donation to the Town of Mamaroneck Police Department 5. Set Public Hearing - Amendment to the Appellate Procedure of Chapter 99 of 162 - 164 the Code of the Town of Mamaroneck Law Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law 6. Review - 03 2022 Operating Budget Report 165 - 172 03 2022 Operating Budget Report Page 2 of 233 7. Review - Q3 2022 Capital Budget Report 173 - 181 Q3 2022 Capital Budget Report 8. Authorization - Q3 2022 Operating Budget Amendments 182 - 185 Q3 2022 Operating Budget Amendments 9. Authorization - Q3 2022 Capital Budget Amendments 186 - 190 Q3 2022 Capital Budget Amendments 10. Certiorari Reports of Minutes 1. Report of Minutes from the October 19, 2022 Town Board Meeting 191 - 199 2022-10-19 Working Minutes 2. Report of Minutes from the October 3, 2022 Town Board Meeting 200 - 233 2022-10-03 Working Minutes Reports of the Council Town Clerk's Report Town Attorney's Report Adjournment Next Regularly Scheduled Meeting - November 16, 2022 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 3 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Humane Society of Westchester Agreement Date: October 26, 2022 Attached please find an agreement between the Town of Mamaroneck, Village of Larchmont, and the Humane Society of Westchester for dog shelter services. We are requesting the following action by the Board: Action Requested: Resolved that the Town Board hereby approves the agreement with the Humane Society of Westchester for dog shelter services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Humane SocietyAgreement Page 4 of 233 HUMANE SOCIETY OF WESTCHESTER DOG SHELTER SERVICES AGREEMENT This Agreement ("Agreement") is entered into this day of , 2022, between the Humane Society of Westchester, a domestic non-profit corporation with a principal place of business at 70 Portman Road in the City of New Rochelle, County of Westchester in the State of New York (the "Society"), the Town of Mamaroneck a municipal corporation in the County of Westchester in the State of New York (the "Town") and the Village of Larchmont, a municipal corporation in the County of Westchester in the State of New York (the Village). WHEREAS, the State of New York set forth certain laws related to the control of dogs in Article 7 of the New York Code, Agriculture and Markets Law, including any rules and regulations promulgated pursuant thereto as well as any revisions and amendments made thereto from time to time (the "Law"); and WHEREAS, the Town and Village desires to obtain the services and to use the facilities of the Society for shelter services as provided in Section 114 of the Law in relation to seized, stray, sick, injured or unwanted dogs as well as dogs ordered confined; and WHEREAS, the Society desires to provide such services to the Town and Village in accordance with the terms and conditions set forth in this Agreement; NOW, THEREFORE, the parties agree as follows: I. SERVICES 1.1 The Society will provide and maintain a shelter for dogs seized under Section 117 of the Law by the Town and Village or by the Society pursuant to the terms of this agreement. The Society will comply, at all times, with the provisions of the Law in relation to the holding, care, adoption, redemption, or humane euthanizing of such seized dogs, and will operate such shelter in accordance with the Dog Control Officer and Shelter Manual issued by the New York State Department of Agriculture and Markets, as revised and amended from time to time. 1.2 The Society agrees its shelter will be open to receive seized dogs from the Town and Village or by the Society pursuant to the terms of this Agreement on Monday through Sunday, legal holidays exempted, from 9:00 AM to 5:00 PM. The Society may adjust such hours upon thirty (30) days written notice to the Municipality provided such adjusted hours provide for substantially equivalent access to the shelter. HSW 11/1/22 Contract Renewal with Mamaroneck/Larchmont Page 5 of 233 1.3 The Society may also, at its sole discretion, accept owned dogs from residents within the Town and Village and agrees its shelter will be open to the public on Monday through Sunday, legal holidays exempted, from 10:00 AM to 4:00 PM, to accept such dogs. The Society may adjust such hours upon thirty (30) days written notice to the Municipality provided such adjusted hours provide for substantially equivalent access to the shelter. 1.4 The Society further agrees to provide the following related services: (i) the Society will, upon the request of the Town and Village, pick-up stray dogs from the scene such dogs are located between the hours of 9:00 AM and 5:00 PM Monday through Sunday, legal holidays exempted; (ii) the Society will be available by page or cell phone twenty-four (24) hours a day, including holidays, for the receipt of seized dogs at its shelter or for the pick-up of stray dogs from the scene located; (iii) the Society will hold seized unidentified dogs for at least five (5) days, and seized identified dogs for at least nine (9) days, before putting them up for adoption or euthanizing them, except in those cases where the dogs are so badly injured or so ill that such delay in euthanasia would be inhumane in the opinion of the Society's shelter manager/veterinarian; (iv) the Society will, hold dogs ordered to be held, pending resolution of a "dangerous dog" proceeding in any court, and in such instances, the Society agrees to bill the cost, not to exceed $30.00 per day, to the animal's owner and the Town and Village shall not be held responsible for this expense; (v) the Society will maintain and timely file a complete record of any intake or seizures from the Town and Village and the subsequent disposition of any seized dog in the manner proscribed by the Commissioner of Agriculture and Markets, as well as any other records as required by the Law; and, (vi) the society will provide the Town and Village with quarterly incidence reports itemizing any calls or notifications from the Town and Village or residents of the Town and Village requiring a response from the Society. 1.5 The Society will use its best efforts to respond to any pick-up request from the Town and Village in a timely manner. Upon request by the officers and/or agents of the Society, the Town and Village agrees to provide police protection, at no charge, to such officers and/or agents during the performance of pick-up services requested by the Municipality. 1.6 The Society will charge $30 per day to any dog owner reclaiming astray dog held at the shelter for each day the dog is at the shelter. The Town will be entitled to 50% of such fees for any dog whose owner lives within the unincorporated area of the Town. The Village will be HSW 11/1/22 Contract Renewal with Mamaroneck/Larchmont Page 6 of 233 entitled to 50% of such fees for any dog whose owner lives within the incorporated area of the Village. The Town and Village will be entitled to 50% of such fees for any dog whose owner lives neither within the unincorporated area of the Town nor the unincorporated area of the Village and will share the portion of such fees equally. The Society shall be entitled to retain all of the fees to which neither municipality is entitled. The Society will provide a monthly accounting and remit to the Town or Village their portions of the fees. 1.7 The Society is granted authority by the Town and Village to collect impoundment fees as determined by the Town and Village. On a monthly basis the Society will submit to the Town and Village an accounting of impoundment fees received for each community and remit such fees to the Town and the Village based on the resident address of the dog owner. 1.8 No shelter or other services shall be provided for any animals other than dogs, whether such animals are domesticated or non -domesticated, except at the sole discretion of the Society. II. TERM The term of this Agreement shall be in effective from November 1, 2022 through October 31, 2027. Any of the parties to this agreement may terminate such agreement upon thirty (30) days written notice. III. PAYMENT 3.1 In consideration of the performance by the Society of the Services set forth herein, the Town and Village shall pay the Society a fee for the Contract Year (the "Annual Fee"). Such Annual Fee shall be payable to the Society in four (4) equal quarterly installments, each installment due on the 1st day of each quarter of the Contract Year. The initial Annual Fee for the contract year beginning November 1, 2022 shall be $20,457. The Town's share shall be $12,280 and the Village's share shall be $8,177. The Town and Village will each pay their proportionate share due and payable in quarterly installments of $3,070 for the Town and $2,044 for the Village commencing on the 111 day of November 2022. 3.2 The Annual Fee for each successive Contract Year from November 1, 2023 forward shall equal the Annual Fee of the previous Contract Year increased by a percentage equal to the increase in the All -Urban Consumer Price Index for the "New York -Northern New Jersey -Long Island (NY -NJ -CT -PA)" area for the twelve (12) months ending August 3111 of the current calendar year. HSW 11/1/22 Contract Renewal with Mamaroneck/Larchmont Page 7 of 233 IV. MISCELLANOUS 4.1 Notices. All notices shall be in writing and, at the option of the sender, be either (i) served personally upon the other party; (2) be mailed certified mail, postage prepaid, to the party to whom such notice is directed at its offices as reflected herein or as otherwise correctly known by the sender; (3) transmitted by facsimile, or (4) delivered by a reputable overnight courier with confirmed delivery. Notice shall be deemed effective three (3) business days after posting by certified mail, one (1) business day after transmission of the facsimile, or upon delivery in the case of personal service or overnight courier. 4.2 No Representations. Neither party makes any representation, warranty or guaranty, express or implied with respect to the subject matter of this Agreement except as may be specifically provided herein. 4.3 Indemnification. The Society shall indemnify, defend and hold harmless the Town and the Village for any acts and omissions arising out of the Society providing municipal shelter services and protect the Town and Village from any claims, actions, suits, judgments, expenses, attorney fees, defense costs or expenses arising from the provision of municipal shelter services. 4.4 Insurance. The Society shall maintain general liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, for the full term of this agreement. The Society shall provide to the Town and Village certificates of insurance evidencing same and naming the Town and Village as additional insured. 4.5 Assignment. This Agreement may not be assigned without the prior written consent of the other party and any purported assignments made without consent shall be void. 4.6 Full Agreement. This Agreement represents the full and complete agreement of the parties and supersedes any and all other agreements among them. No waiver, amendment, or modification of this Agreement shall be valid unless in writing and duly executed by the parties. 4.7 Independent Contractor. The Society is an independent contractor, and neither the Society nor its staff shall be deemed to be employed by the Town or Village. IN WITNESS WHEREOF, the parties hereto have caused their corporate seals to be hereunto affixed, and this Agreement to be signed by their duly authorized officers on the day and year written. 4 HSW 11/1/22 Contract Renewal with Mamaroneck/Larchmont Page 8 of 233 HUMANE SOCIETY OF WESTCHESTER TOWN OF MAMARONECK By: By: John N. Feldtmose Meredith Robson President Town Administrator Date: 1IF/14W_T1 *972w_l *41:1►TA us] ►I I By: Justin Datino Village Administrator Date: Date: HSW 11/1/22 Contract Renewal with Mamaroneck/Larchmont Page 9 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Fields for Kids! Inc. Agreement Date: October 28, 2022 Attached please find an agreement between the Town of Mamaroneck and Fields for Kids! Inc. for payment of invoices from Woodard and Curran Engineering and Geological Services for professional services related to Hommocks Fields. This agreement requires Fields for Kids! Inc. to pay for Woodard and Curran services that are the subject of the other agenda item. Action Requested: Resolved that the Town Board hereby approves the agreement with Fields for Kids! Inc. for payment of invoices from Woodard and Curran Engineering and Geological Services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: 2022-10-28-agrmnt w FFK (002) 2039 Hammocks Park 10.14.22 Page 10 of 233 AGREEMENT REGARDING THE HOMMOCKS FIELDS An Agreement between the Town of Mamaroneck, a municipal corporation existing under the laws of the State of New York with offices at 740 West Boston Post Road, Mamaroneck, New York 10543 (Town) and Fields for Kids!, Inc., a corporation organized under the laws of the State of New York with offices c/o Robert P. Fisher, Jr., 31 Taunton Road, Scarsdale, NY 10583 (FFK). Intending to be bound, the parties agree to the following: 1. The Town will engage Woodard & Curran Engineering and Geological Services P.A. P.C. (Woodard) to perform the services outlined in its proposal to the Town dated September 12, 2022 (Services). 2. Within ten (10) business days after the Town and Woodard enter into a contract for Woodard to perform the Services, FFK will pay to the Town the amount equal to the fee that Woodard will charge for the Services. FFK acknowledges that the contract between the Town and Woodard specifically provides that the Town will not pay Woodard for the Services unless and until it receives the amount necessary to make such payment from FFK. FFK will indemnify the Town for any claim that Woodard may make for payment of amounts owed to it that are in excess of the amount deposited by FFK with the Town. 3. FFK will pay Geologic Land Surveying, PLLC (Geologic) for the surveying work described in its attached invoice dated October 14, 2022 and will indemnify the Town for any claim that Geologic may make for payment of amounts owed to it. Notwithstanding the fact hat FFK will pay Geologic' s invoice, the survey will be certified to the Town. Page 11 of 233 4. FFK acknowledges that the Town's commitment to engage Woodard to perform the Services should not and cannot be construed as a commitment by the Town to perform any additional work at Hommocks Fields even if Woodard concludes that it is feasible to make improvements to the Hommocks Fields. Town of Mamaroneck an Meredith S. Robson, Town Administrator Date Fields for Kids!, Inc. Heather Mahland, President Date 2 Page 12 of 233 Geologic Land Surveying, PLLC Estimate 3 Pine Crest Lane New Fairfield, CT 06812 (914)864-1250 geologicls@gmail.com www.geologicls.com ADDRESS Steven Lauria, PE Regional Manager I Principal Woodard & Curran ESTIMATE # DATE 2039 10/14/2022 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. DATE I ACTIVITY Project Hammocks Park Mamaroneck, NY Approximately 7 acres (eastern section) Topograplc Site Survey Topographic Site Survey of property depicting the elevations contained within the site. Includes contours, spot elevations, and benchmarks. Includes partial boundary survey showing all impervious surfaces with metes & bounds, adjoiners, easements and areas. Specifications: Ground Topography 40 Scale mapping Horizontal Datum: NAD83 NYSPC-E Vertical Datum: NAVD88 1 foot contours Spot elevations to the nearest tenth of a foot 2 Benchmarks set to the hundredth of a foot Surface utilities and evidence of subsurface utilities 811 mark -out & location of utilities Trees 8" diameter and greater (except in marsh area) Underground utility mark -out Subcontracted to underground utility mark out company (optional) Deliverables Includes PDF/CAD delivery via email and 6 Signed and sealed hard copies delivered via regular mail. Additional signed and sealed hard copies can be purchased for $10.00ea Estimated completion 5-6 weeks from accepted/signed proposal Terms & Conditions Scope of Services: Geologic Land Surveying, PLLC does not warranty or imply that the suggested scope of services outlined within the Proposal is a complete list of services required to meet the goals and expectations of the Client. It is an understanding of the minimum services identified the time the Proposal was written, utilizing the limited research necessary to provide a Proposal for the project. It is possible that during the course of consulting work, additional services may be required to achieve the goals of the Client. GEO GIC QTY J RATE 000 1 14,000.00 1 1,600.00 1 0.00 1 0.00 1 0.00 AMOUNT 0.00 4,000.00 1,600.00 0.00 0.00 0.00 Existing Conditions: Page 13 of 233 DATE I ACTIVITY The Proposal is based on regulations, policies and requirements that are in effect at the time the Proposal was prepared. Changes that occur after the Proposal date may require renegotiation of the fees or additional scope requirements. This firm does not warranty or suggest its advanced knowledge of changes in regulations affecting development. Effective date of Proposal: The fees as quoted within the Proposal shall remain in effect for a period of sixty (60) days. Should the client authorize work after sixty (60) days of the date of the Proposal, the Consultant has the right to renegotiate the fees. Work perfonned on an hourly or per diem basis will be billed in accordance with the hourly Fee Schedule in effect at the time work is completed. Payment: Invoices remaining unpaid for more than thirty (30) days may be subject to a service charge of 1-1/2% per month (18% per annum). If invoices should become in arrears of forty five (45) days or more, the firm may suspend work on the project. If outstanding invoices become ninety (90) days in arrears or greater, the Consultant may seek legal remedy to collect these fees and may place liens on the subject property. The Client agrees to pay all costs of collection born by the Consultant. Client agrees to pay all outstanding invoices prior to delivery of final product. Notice to Stop Work: Either party has the right to terminate the Contract five (5) days after receipt of written notice. In such a termination, the Consultant will be paid for all services rendered to the date the Contract was terminated, including any wind down or cleanup work required within the five-day period after termination. Authorization of Contract: The signatory (Client) represents by their signatures to this document, that they have the requisite authority to bind their principal to the covenants and promises herein. The signatory may not assign this agreement without the expressed written consent of Geologic Land Surveying, PLLC. An authorized signature is required before scheduled services. Estimate notes 1.) No Map or Survey shall be released without payment. 2.) No work will commence without a signed proposal. Please return signed proposal via email or regular mail. 4.) Separate items will be billed upon completion of services. 5.) Line item costs are calculated in correlation to other item #'s being completed which may not be the cost if itemized. 6.) Geologic Land Surveying accepts cash, check or batik deposit for fulfillment of invoice. Accepted By TOTAL. $59600.00 Accepted Date Page 14 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Agreement with Woodard and Curran for Hommocks Fields Engineering Services Date: October 28, 2022 Attached please find an agreement between the Town of Mamaroneck and Woodard and Curran Engineering and Geological Services for Hommocks Fields engineering services. These services will be paid by Fields for Kids! Inc. but the Town is the "client" for the work. Action Requested: Resolved that the Town Board hereby approves the agreement with Woodard and Curran Engineering and Geological Services for Hommocks Fields engineering services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: 2022-10-28-W and C Hommocks Fields Page 15 of 233 AGREEMENT REGARDING THE HOMMOCKS FIELDS An Agreement between the Town of Mamaroneck, a municipal corporation existing under the laws of the State of New York with offices at 740 West Boston Post Road, Mamaroneck, New York 10543 (Town) and Woodard & Curran Engineering and Geological Services P.A. P.C., a corporation organized under the laws of the State of New York with offices at 800 Westchester Avenue, Suite N507, Rye Brook, NY 10573 (Woodard). Recitals Whereas, Woodard has submitted to the Town a proposal dated September 12, 2022 to conduct a study regarding the feasibility of making certain improvements to the Towri s Hommocks Fields, and Whereas, the funds to pay for Woodard's services are being donated to the Town by Fields for Kids!, Inc. Now, therefore, intending to be bound, the parties agree as follows: First: Woodard shall perform the services outlined in its proposal within eight weeks after this agreement is fully executed. Second: Provided the Town has received the funds from Fields for Kids and is satisfied that Woodard has performed the tasks for which it seeks payment, the Town shall pay Woodard in accordance with the fee breakdown shown in the Budget section of the Woodard proposal within 30 days after submission of an invoice that specifically indicates the services rendered and for which payment is requested. Third: (a) Throughout the term of this agreement, Woodard shall maintain the following insurance: 1 Page 16 of 233 (i) the workers' compensation and disability coverage required by New York law, (ii) general liability and automobile each with minimum coverages of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such policies shall name the Town and the Mamaroneck Union Free School District as an additional insured. (b) To the extent not covered by insurance, Woodard shall defend, indemnify and hold harmless the Town, its officers, employees, volunteers and agents from and against all loss, damage, expense, liability and other claims, including court costs and reasonable attorneys' fees resulting from injury to or death of persons, and damage to or loss of property to the extent caused by or arising out of the negligent acts or omissions of, or the willful misconduct of Woodard, its subcontractors, agents or employees in connection with the work to be performed hereunder; provided, however, that nothing herein shall require Woodard to indemnify the Town for events resulting from or arising out of the negligent acts or omissions of, or the willful misconduct of, the Town its officers, employees, volunteers or agents. Fourth: The Town shall provide or allow Woodard with access to the Hommocks Fields; however, Woodard shall co-ordinate its activities with the Town Engineer and not interfere with either the Town's or the School District's use of Hommocks Fields. Fifth: The Town may terminate this agreement at any time for any reason or for no reason at all by giving Woodard written or electronic notice of its decision to terminate and the date of termination. If terminated, the Town shall be liable to pay only for such services as Woodard will 2 Page 17 of 233 have performed as of the date of termination but only if the Town possesses or subsequently receives the funds needed to make such payment from Fields for Kids. Sixth: (d) Any notice shall be deemed to have been given either (A) on the day it is delivered, if it is hand delivered to the person for whom it is intended, (B) on the day it is transmitted electronically to the person for whom it is intended, (C) on the first business day after it is sent, if it is sent by an overnight courier with instructions that it be delivered the next business day to the party for whom it is intended; provided that the overnight courier in its advertising to the general public represents that it can deliver a parcel from its point of origin to its destination by the next business day or (D) on the third business day after it is mailed, if it is mailed to the party for whom it is intended by registered or certified mail, return receipt requested from one of the lower 48 states of the United States of America. The postal addresses of the parties and the names of the persons who are entitled to receive a notice or a copy of a notice ("Addressees") are If to the Town: With a copy to: Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 If to Woodard: Woodard & Curran Engineering and Geological Services P.A. P.C., 800 Westchester Avenue, Suite N507 Rye Brook, NY 10573 Attn: Anthony Catalano 3 Page 18 of 233 With a copy to: Steve Lauria or to such other address that an Addressee shall have specified in a notification given to the other Addressees in a way that complies with this paragraph. (iii) In the case of a Notice transmitted electronically to the Town, the addresses for such electronic communication shall be the addresses used by the Town Administrator, the Town Engineer at the time such notice is transmitted. The sender of such notice shall confirm such addresses by contacting the office of the Town Administrator or the office of the Town Engineer. (iv) In the case of a notice to persons not affiliated with the Town, the addresses for such electronic communication shall be the addresses used by such persons at the time such notice is are sent. The sender of such Notice shall use best efforts to ascertain the current electronic mail addresses for such persons. (v) A notice sent electronically shall be considered ineffective if the sender receives notification from the system by which such notice was sent that the notice was not delivered or if the notice does not appear in the English language on the recipient's device for receiving electronic communications. Seventh: Woodard shall comply with all applicable laws, including, but not limited to, state and federal labor laws, laws regarding prevailing wages, and workers compensation. When deemed necessary by the Town Engineer, Woodard will submit certified payrolls and such documentations as is necessary to show compliance with applicable New York State labor laws. Woodard represents that it is not on the New York State Labor Department Debarred list and is in good standing with the New York State Department 4 Page 19 of 233 of Labor. If Woodard learns that it no longer is in good standing with the New York State Department of Labor, it must notify the Town of this change in status within 24 hours. Eighth: A party's failure to insist upon strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default in terms, conditions and covenants herein contained. Ninth: (a) This agreement constitutes the entire understanding between the parties regarding the subject matter contained herein. The parties acknowledge that there has been and are no representations, warranties, covenants or understandings other than those expressly set forth herein and that all prior agreements between the parties regarding the subject matter of this agreement — whether oral or in writing — are merged into or superseded by this agreement and do not survive it as this document expresses the parties' entire understanding regarding the subject matter contained herein. (b) This agreement may only be changed by a writing executed by a duly authorized representative of each party. Tenth: The signatories to this agreement represent that he or she has the right to enter into this agreement on behalf of the party for which he or she is signing this agreement, (ii) the consent of a third party is not required to perfect such authority, (iii) the party on whose behalf he or she is signing this agreement has undertaken all actions required to enter into this agreement, and (iv) his or her signature represents the binding obligation of such entity. 5 Page 20 of 233 Eleventh: This agreement may be executed in one or more counterparts, each of which shall be considered an original. Facsimile signatures or signatures that are transmitted electronically shall be considered original signatures. Twelfth: Neither party shall have the right to assign, transfer, convey, pledge or encumber its rights under this agreement. Thirteenth: If any court of competent jurisdiction holds any provision of this agreement invalid or unenforceable, the other provisions of this agreement will remain in full force and effect. Any provision of this agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties agree to execute and deliver such other documents and to perform such other acts as may, from time to time, be reasonably required to give full force and effect to the intent and purpose of this agreement. Fourteenth: Whenever required or appropriate, words in the singular number shall be construed as if they were in the plural number and words of one gender shall be construed as if they were in any gender. Fifteenth: This agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. Any litigation arising out of this agreement shall be brought in the Supreme Court of the State of New York in and for the County of Westchester. In Witness Whereof, the parties have agreed to the terms and conditions set forth therein. 6 Page 21 of 233 Town of Mamaroneck as Meredith S. Robson, Town Administrator Date Woodard & Curran Engineering and Geological Services P.A. P.C. in Anthony Catalano, Senior Principal, PE, BCEE Date 7 Page 22 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Paul Creazzo, Police Chief Re: Acceptance of Donation to the Town of Mamaroneck Police Department Date: October 26, 2022 Attached please find a memo from Chief Paul Creazzo regarding an offer from Ray Catena Lexus to donate money to the Town of Mamaroneck Police Department. We are requesting the following action by the Board: Action Requested: Resolved that the Town Board hereby accepts the donation of $12,500.00 from Ray Catena Lexus for the Town of Mamaroneck Police Department to be used for the purchase of police equipment. Page 23 of 233 Town of Mamaroneck Police Department, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 Chiefcreazzo@townofmamaroneckNY.org Date: October 26, 2022 To: Meredith Robson, Town Administrator From: Paul Creazzo, Police Chief Subject: Acceptance of Donation to the Town of Mamaroneck Police Department General: Ray Catena Lexus is offering the Town of Mamaroneck Police Department a donation of $12,500.00 to be used for the purchase of police equipment. They specifically indicated that the funds are not to be used for items that are already budgeted for the police department. It is my understanding that the acceptance of donated funds must be voted on by the Town Board. With this in mind, I would appreciate you including this issue on the agenda for the November 2nd Town Board meeting. Page 24 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: William Maker Jr., Town Attorney Allison May, Town Clerk Re: Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law Date: October 21, 2022 Attached please find a memo from Bill Maker regarding an "Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law". We are requesting the following action by the Board: Action Requested: Resolved that the Town Board hereby sets a public hearing for an "Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law" for the Town Board Meeting on November 16, 2022. Page 25 of 233 Town of Mamaroneck Town Attorney, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 wmakerjr@townofmamaroneckNY.org Date: October 21, 2022 To: Members of the Town Board From: William Maker Jr., Town Attorney CC: Meredith S. RobsonTown Administrator CC: Allison MayTown Clerk Subject: Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law General: The recently enacted law on filmmaking provides the following administrative remedy if an applicant disagrees with a decision made by the Town Administrator. § 99-10 Appeals. Any person aggrieved by the denial of an application for a license or by the conditions imposed with such license may appeal the Administrator's decision to a Committee, consisting of the Town Supervisor and one Town Board member designated by the Town Board. The Committee shall review such appeal and may reverse, modify or affirm the action of the Town Administrator if the Committee finds that the action of the Town Administrator was arbitrary, capricious or not supported by substantial evidence. At the Town Board's October 19th meeting, the members of the Board discussed creating greater flexibility for composing the Committee. I attach a proposed amendment to section 99-10 that would allow the Supervisor to designate the Town Board member to sit on the Committee on a case -by -case basis. 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. Attachment/s: 2022-10-2 1 -Amendment to LL re anneals Page 26 of 233 Local Law No. - 2022 This local law shall be known as the "Amendment to the appellate procedure of Chapter 99 of the Code of the Town of Mamaroneck" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1- Purpose: The current law on filmmaking in the unincorporated area of the Town allows a disgruntled applicant to appeal a decision made by the Town Administrator to "a Committee, consisting of the Town Supervisor and one Town Board member designated by the Town Board" (see Town Code § 99-10). Since the designated Town Board member may not always be readily available, the Town Board considers it appropriate to allow the Supervisor to designate the second Committee member on a case -by -case basis. This law does that. Section 2 - Repeal and Replacement of a current section of the Mamaroneck Code: Section 99-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: 99-10 Appeals. Any person aggrieved by the denial of an application for a license or by the conditions imposed with such license may appeal the Administrator's decision to a Committee, consisting of the Town Supervisor and one Town Board member designated by the Supervisor. The Committee shall review such appeal and may reverse, modify or affirm the action of the Town Administrator if the Committee finds that the action of the Town Administrator was arbitrary, capricious or not supported by substantial evidence. 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. October 21, 2022 Page 27 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Connie Green O'Donnell, Deputy Town Administrator Re: Requests to Remove Commuter Parking Restrictions Date: October 24, 2022 Attached please find a memo from Connie Green O'Donnell about resident requests to remove commuter parking restrictions. She and Executive Lieutenant James Maher worked on compiling a history of the area and issues for the Board to review. This item is for discussion only at this time. Should you choose to remove the parking restrictions, Mr. Maker can prepare the appropriate law for action at a subsequent meeting. Page 28 of 233 Town of Mamaroneck Administrator, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckNY.org Date: October 21, 2022 To: Meredith Robson, Town Administrator From: Connie Green O'Donnell, Deputy Town Administrator Subject: Requests to Remove Commuter Parking Restrictions General: For your review, attached are Traffic Committee Review Request Forms that were submitted by residents who are requesting removal of the parking restrictions in their respective areas. Since the parking restriction were enacted by local law, it's not an issue that should be reviewed by the Traffic Committee, but instead the Town Board. Executive Lieutenant James Maher provided the following background information of what led the Town Board to enact the local law that restricts commuter parking near the Larchmont Train Station, as well his thoughts as to what the Town Board might want to consider. Commuter Parking Law History PRIOR TO 2019: • Both the Town Board and the Traffic Committee would regularly receive complaints regarding vehicles parked all day on public streets in the vicinity of the Larchmont Train Station that lie within the Town limits. • At the time, permits for the commuter lot A were sold out and there was a waiting list when permits became available. • With the lot at capacity, some commuters resorted to parking on residential streets and then walking to the train station. • The Traffic Committee would periodically receive complaints regarding the parking conditions on these residential streets. Most complaints centered around the inability to park in front of or near a given residence and traffic chokepoints. • The common response was to enact either a time limit (3hr) or no parking at a specific time to prevent commuters from parking on residential streets all day. • After discussion with the Traffic Committee, it was determined that the above approach was piecemeal and solving one parking complaint only pushed the condition to the next or nearby street. • To provide a more comprehensive approach, a traffic study was commissioned in early 2019 to seek out options to address the problem. Page 29 of 233 2019 TRAFFIC STUDY: • The Town engaged the services of the engineering firm Barton & Loguidice (B&L) to analyze the situation and propose possible comprehensive solutions (study attached). • B&L monitored parking conditions in the affected areas and attempted to identify the origin of the vehicles. • It was determined that many of the vehicles originated from out of Town or from the areas of Town that are not in reasonable walking distance to the train station. • While several solutions were considered, it was determined that the best course of action was to enact a 1-hour parking restriction on all streets that are in walking distance to the train. This would prevent all day parking and be a more comprehensive approach that would curtail the "kicking the can down the road" scenario. • The rough borders of the area affected is the area that lies between Weaver Street, Forest Avenue, I-95, and the New Rochelle border. PUBLIC HEARING AND LAW ENACTMENT: • Between August 2019 and November 2019, several public hearings were held regarding the proposed local law. • Public sentiment was split. • In response to the initial hearings, the proposed law was streamlined and ultimately passed in November 2019. POST -ENACTMENT: • Proper signage was posted, and consistent enforcement commenced. Compliance with the law was achieved. • All day parking complaints dropped off. COVID ERA TO PRESENT: • In 2020, COVID was declared a worldwide pandemic. • Travel restrictions were enacted, and most businesses drastically altered their operations or closed. As a result, use of public transportation and demand for commuter parking fell precipitously. • In addition to many residents staying and/or working from home, the Town Board suspended most parking regulations within the Town. This allowed for all day parking once again. • As conditions improved and the pandemic lessened, the Town Board reinstituted the previously suspended parking regulations. • While the demand for commuter parking has not yet returned to pre -pandemic levels, it is slowly returning. Upon inspection, the commuter lot is usually approximately 80% full. THINGS TO CONSIDER: • Several residents have made inquiries regarding the repeal of the commuter parking law in and around their residences. • While parking levels are not at pre -pandemic levels, it is probable that they will return to those levels over time. • While the complaints regarding signage in front of given residences or the inconvenience of having to move a vehicle at a given time can be appreciated, the law is necessary to prevent future deleterious parking conditions from arising. • Regarding signage, it should also be noted that alterations or accommodations involving the repeal of a given part of a street would lead to even more signage since any area that would not be subject to the restriction would have to be clearly demarcated on each end. For example, if the law was repealed for a portion of Rockingstone Avenue, one sign would be removed but two signs would need to be erected to clear mark the area where parking would be permitted. Page 30 of 233 • Alteration of the existing law should be considered with great care. Individual accommodations will likely lead to a reverse engineering of the comprehensive approach that was the original intent of the law. In essence, the Town would be returning to a piecemeal approach but in reverse. Attachment/s: Commuter Parking Study - Final 5.31.2019 Traffic Review Form - Parking Regulations on N. Chatsworth_ Redacted RE Parking concerns on N Chatsworth Redacted Traffic Review Form_Rockingstone Avenue Redacted Page 31 of 233 Commuter Parking Study Town of Mamaroneck Westchester County,, New York FINAL May 31,, 2019 Page 32 of 233 Commuter Parking Study Commuter Parking Study Town of Mamaroneck Westchester County, New York v 7-4 Pa M s' ♦J r 4 Prepared By: Barton & Loguidice, D.P.C. Engineers * Environmental Scientists a, Planners c Landscape Architects 10 Airline Drive Suite 200 Albany, NY 12205 March 25, 2019 1902.00415.19 - i- Barton & Loguidice, D.P.C. Page 33 of 233 Commuter Parking Study Table of Contents Page TitlePage........................................................................................................................... Tableof Contents.............................................................................................................i 1.0 Introduction......................................................................................................................... 1 2.0 Existing Conditions.............................................................................................................. 3 2.1 Existing Study Area.............................................................................................................. 3 2.2 Existing License Plate Data Collection and Observation .................................................. 4 2.3 On Street Parking Origin Data.............................................................................................. 4 2.4 Existing Parking Restrictions on the Surveyed Streets......................................................9 2.5 Existing Town Permit Public Parking...................................................................................11 2.6 Existing Residential Permit Public Parking........................................................................ 13 2.7 Existing Town Owned Property near Train Station...........................................................14 2.8 Public Involvement.............................................................................................................. 15 3.0 Proposed Alternative to Counteract All -Day on Street All Day ...................................... 16 4.0 Proposed Alternatives Investigated to Improve Resident Parking Accommodations. 19 Figures Figure 1— Project Location Map Figure 2 — Study Area and Street Location map Figures 3 and 4 — Origin/Destination Map for Local Town Residents Figure 5 — Existing Town Resident Permitted Parking Lots Figure 6 — Existing Town Resident Permitted Parking Lots Figure 7 —Town Owned Parcels Figure 8 —Time Restriction Street Posting Area Tables Table 1— Count #1 License Plate Registration Data Table 2 — Count #2 License Plate Registration Data Table 3 — Count #3 License Plate Registration Data Appendices Appendix A — Existing Parking Data 1902.00415.19 - H - Barton & Loguidice, D.P. C. Page 34 of 233 Commuter Parking Study 1.0 Introduction The Town of Mamaroneck (Town) has initiated this project to conduct a commuter parking study for local residential streets in the unincorporated Town of Mamaroneck. This study helps to determine the extent of commuter parking on local streets by those who utilize the Larchmont Train Station, which is one of the busiest stations along Metro -North's New Haven line. This study will develop strategies for alternatives that will provide commuter parking for Town residents and help to relieve the burden that commuter cars parked in local neighborhoods may be imposing. This Report summarizes the parking characteristics of specific roads within the unincorporated town based on the results of the data collection and analysis of the existing conditions of the project corridor. The results of the existing conditions study have been presented in this report and have been used to develop feasible recommendations for improvements. 1902.004 / 5.19 - 1 - Barton & Loguidice, D.P. C. Page 35 of 233 Commuter Parking Study ll-- Arthur Manor Heath Ridge Pkwy, 125 Quaker Ridge W 0, Bonnie Crest Murdock Woods Larchmont Train Station all ry Baybe Pa Bayberry k Forest Knolls Beechmont New Rochelle= O"Col., 94 127 J, "Oe Harrison Greenhaven 'eck a Orienta Larchmont j-, Project Location Commuter Parking Study Town of Mamaroneck Westchester County, New York Figure I — Project Location Map 1902.004 15.19 - 2 - Barton Loguidice, D.P.C. Page 36 of 233 Commuter Parking Study 2.0 Existing Conditions 2.1 Existing Study Area Prior to data acquisition, the study area was confirmed with the Town based on inquiries and some complaints received from residents. The project area does not include the Village of Larchmont (see Figure 2 area hatched in green). The project limits within the study area are detailed in red on Figure 2 and the street names are as follows: 1) Copley Road 2) Alden Road 3) Harmony Drive 4) Kenmare road 5) North Chatsworth Avenue 6) Washington Square 7) Maple Hill Drive 8) Emerson Road 9) Edgewood Avenue 10) Overlook Terrace 11) Hillcrest Avenue 12) Judson Street 13) Myrtle Boulevard 14) Orsini Drive 15) Rockingstone Avenue Figure 2 -- Study Area and Street Location Map 1902.004 / 5.19 - 3 - Barton & Loguidice, G.F. C. Page 37 of 233 Commuter Parking Study 2.2 Existing License Plate Data Collection and Observations License plate recordings were conducted along the streets identified in Section 2.1 of this report, on three separate days by the Town of Mamaroneck Police Department and their consultant, during time periods when commuter vehicles are expected to be parked (off peak or non -rush hour periods). The anticipated arrival and departure time frames (peak or rush hour periods) that commuters are expected to be parking on, or leaving, the Town streets are between 5:00 AM and 9:00 AM, and 4:00 PM and 8:00 PM, respectively. These "turn -over" time periods were avoided for data acquisition in order to record commuters that may be parking the Town roads for the entire typical work day. The license plate data was provided to the Town Police Department, confidentially, and was used by only the Town Police Department to verify the addresses that each motor vehicle is registered. License plate data collection was completed on Tuesday, January 22, 2019 beginning at approximately 1:30 PM (Count 1), on Wednesday, January 23, 2019 beginning at approximately 11:00 AM (Count 2), and on Thursday, January 31, 2019 beginning at approximately 3:30 PM (Count 3). Appendix A details the existing count information collected during the three (3) field visits. All license plate information used in the study has been removed from view and will not be made public. Additionally, any figures depicting departure locations from specific streets are generic and do not reference any specific commuter's residence. In addition to the license plate data that was collected, any noticeable identifying information displayed on the outside of the motor vehicles was documented. Examples of identifying information included names of elementary schools, bumper stickers, etc. No license plate information was recorded for contractor work vehicles at residences where active construction projects were visibly taking place. 2.3 On Street Parking Origin Data To process approximately how many Town residents are impacted by limited parking availability in and around the Larchmont Train Station, the license plate data was broken down into three categories based on the address where the vehicle is registered: 1902. 004 / 5.19 - 4 - Barton & Loguidice, D.P. C. Page 38 of 233 Commuter Parking Study Local (vehicle registered to that street or close proximity), Local Town (vehicle registered to a street within the Town including the Village of Larchmont and the Village of Mamaroneck), and Non -Local (vehicles registered to streets not within the Town). License plate data for the three (3) counts days are shown below. Table 1— Count #1 License Plate Registration Data Count #1 Road Name License Plate Origin Data Local Local Town Non -Local Copley Road - - — - Alden Road - - - Harmony Drive - - Kenmare Road - - - North Chatsworth Avenue 0 5 14 Washington Square - - - Maple Hill Drive 0 2 2 Emerson Road 0 2 1 Edgewood Avenue - - - Overlook Terrace 0 2 4 Hillcrest Avenue - - - Judson Street - - - Myrtle Boulevard - - - Orsini Drive 0 2 1 Rockingstone Avenue 0 4 6 TOTAL 0 17 28 1902.004 % 5.19 - 5 - Barton & Loguidice, D_ 1=. C. Page 39 of 233 Commuter Parking Study Table 2 — Count #2 License Plate Registration Data Count #2 Road Name License Plate Origin Data Local Local Town Non -Local Copley Road 11 1 4 Alden Road 1 0 2 Harmony Drive 4 1 2 Kenmare Road 1 0 3 North Chatsworth Avenue 9 2 18 Washington Square 14 3 12 Maple Hill Drive 5 2 13 Emerson Road 0 1 1 Edgewood Avenue 2 & 5 Overlook Terrace 3 0 3 Hillcrest Avenue 1 1 0 Judson Street 0 0 0 Myrtle Boulevard 0 0 0. Orsini Drive - - - Rockingstone Avenue - - - TOTAL 51 1 19 63 Table 3 — Count #2 License Plate Registration Data Count #3 Road Name License Plate Origin Data Local Local Town Non -Local Copley Road, 9 01 1 Alden Road 4 0 1 Etarmony grive 4 0 2 Kenmare Road 2 0 4 North Chatsworth Avenue 0 1 5 Washington Square 12 3 17 Maple Hill Drive 6 3 6 Emerson Road 1 0�0 10 EdgeWogd. Auetltke, 3 8 Overlook Terrace 2 1 3 H i l Ic rest axectue 5, 1 3, l Judson Street 0 0 0 0 Myrtle Boulevard 0 2, Orsini Drive - - - Rockingstone Avenue - - - TOTAL 48 17 54 1902.00415.19 -6- Barton & Loguidice, D.P.C. Page 40 of 233 Commuter Parking Study After three days of data collection, the estimate of Local Town vehicles that use public roadways for parking during weekdays is approximately 25 vehicles. Figure 3 details the approximate origins and destinations for Local Town vehicles that were recorded during data acquisition. Note: Green circles are approximate origin locations and red circles are approximate destination locations (where vehicles was recorded during count periods). Additionally, license plate origin data for not all streets in the Village of Larchmont or the Village of Mamaroneck were provided and as a result a generic origin location point was selected. 1 A a m a r e eck Town f r4A rnal o.peCk Villag s� • t L ch Figure 3 — Origin/Destination Map for Local Town Residents 1902.004 / 5.19 - 7 - Barton & Loguidice, D.P. c. Page 41 of 233 Commuter Parking Study 1902.004 / 5.19 I. i Figure 4 — Origin/Destination Map for Local Town Residents - 8 - Barton & Loguidice, D.P.C. Page 42 of 233 Commuter Parking Study 2.4 Existing Parking Restrictions on the Surveyed Streets Within the project study area the majority of the streets surveyed had no parking restrictions posted. The streets with no restrictions include Alden Road, Harmony Drive, Kenmare Road, Maple Hill Drive, Emerson Road, Overlook Terrace, Judson Street, Orsini Drive, and Rockingstone Avenue. The remaining streets within the study area included restrictions or prohibitions. They are as follows: • Copley Road has time restricted parking on the east side of the road between Alden Road and approximately 10 Copley Road (approximate length of 275 ft.). Existing signage within this area includes No Parking, Tuesday 9:00 AM to 12:00 Noon and a reserved handicapped parking space. Starting at 10 Copley Road parking is prohibited from 3:00 AM to 6 AM. There are no other restrictions on this roadway. • North Chatsworth Avenue has time restricted parking on both sides of the road between Myrtle Boulevard and approximately the private driveway for 35 North Chatsworth Avenue, prohibited parking on both sides of the road between the private driveway for 35 North Chatsworth Avenue and Lafayette Road/Edgewood Avenue, and prohibited parking on the east side beginning at approximately 275 ft. south of Bryson Street and extending to Bryson Street. (see additional discussion concerning the Residential Parking Area in Section 2.6) • Washington Square is a one lane road and has time restricted parking on both sides that include 3 hr. parking, 9:00 AM to 2:00 PM, Monday through Friday, except permit holders. This restriction excludes holidays. (see additional discussion concerning the Residential Parking Area in Section 2.6) • Edgewood Avenue has time restricted parking on both sides of the road between North Chatsworth Avenue and Judson Street. For the north side of the road there is no parking Monday through Friday, 2:00 PM to 3:00 PM, except holidays, and the south side of the road has the same 1902.00415.19 - 9 - Barton & Loguidice, D.P.C. Page 43 of 233 Commuter Parking Study restrictions except the time prohibition is between 10:00 AM and 11:00 AM. Between Judson Street and Weaver Street parking is prohibited on the south side of the road but not posted or restricted on the north side of the road. • Hillcrest Avenue has prohibited parking on the south side of the road but is not posted or restricted on the north side of the road. • Myrtle Boulevard has prohibited parking during snow emergencies on the south side between Weaver Street and Wood Street, and prohibited parking between Wood Street and Murray Avenue. On the north side parking is prohibited between Weaver Street and Murray Avenue. 1902.00415.19 - 10 - Barton & Loguidice, D.P.C. Page 44 of 233 Commuter Parking Study 2.5 Existing Town Permit Public Parking The Town of Mamaroneck has six (6) municipal parking lots available for use by Town residents only, as shown in Figure 5 and 6 below. The permits remain valid for one-year and must be renewed each year. Any available parking permits are offered on a first -come first -serve basis through the Town Clerk's office. U HOUR Al E 696. Soo si°." ice, 1rs '• f� ' i' IrAr LOr 9 d : ' in 7011 OF YAYAROtI= e u ® M rams t QQ Ai PAR]QIiO r ... .. �" ' • I ®- 0 PANG t/ PRiBr -� P- }_ :_ �:, uuuv�+AuisP WUXWA4 ,'/ • 'i'' ) ` TM OF YAYARONn LOT uo an B= Parr RW tr. 1*63 r Q''•Y YUMgP1U fWMAL PAR= ARPAS �» OY�2O0AM= Hr d tiO9m avOOz 3N�r /j Ony DAM W L W Oster OM Figure 5 — Existing Town Resident Permitted Parking Lots 1902.004 / 5.19 - 11 - Barton & Loguidice, D.P. C. Page 45 of 233 Commuter Parking Study ' % AIr1% �ry TQnli LG.• f' M4P�C �P `!b P 4` �i' �C ruc+aic w n 4' THE TOWN OF lAfiAR ncK nxr roux - �.� LEGEND: r—� - Pm o OXLT PLY MUNICIPAL - PBISATE P1RttYC - IlASt.� - . I rat IPAL LOT #1 TO0H a v�ur�r;txx ® �+iSION "• �"17 wrvt N:ttuLf k : ura. u.r C 64G, 500 E 697. 0001 DATE. -UM 25, Figure 6— Existing Town Resident Permitted Parking Lots Municipal Lot No. 1—Town Commuter Lot — Located at Myrtle Boulevard and Vine Street • Currently Sold Out • 100 metered parking with permit spaces • 237 permit only parking spaces Municipal Lot No. 2 — Area Business & Overnight — Located at the corner of Maxwell Avenue and Madison Avenue • 11 permit only parking spaces Municipal Lot No. 3 — Area Business & 24 Hours — Located at Myrtle Boulevard and North Chatsworth Avenue • Currently Sold Out 1902.004 / 5.19 - 12 - Barton & Loguidice, D.P.C. Page 46 of 233 Commuter Parking Study • Parking Garage with two levels a 54 permit only parking spaces on upper level 0 59 permit only parking spaces on upper level (to be verified) Municipal Lot No. 4 — Overnight Only — Located at Myrtle Boulevard and Madison Avenue • Currently Not Sold Out • 31 permit only parking spaces Municipal Lot No. 5 — 24 Hour — Located off of Myrtle Boulevard, near Madison Avenue • Currently Sold Out 0 6 permit only parking spaces Municipal Lot No. 6 — 24 Hour — Located off of Myrtle Boulevard and Vine Street • Currently Sold Out • 6 permit only parking spaces Each year the Town has 504 permitted parking spaces available, of which 100 are metered in Municipal Lot No. 1. The Town oversells the lots but will not increase the number of parking spaces sold. 2.6 Existing Residential Permit Public Parking The New York State Legislature granted approval for the Town of Mamaroneck's Board to amend the Town code to include permit parking on Washington Square, New Jefferson Street, a section of North Chatsworth Avenue, the section of Murray Avenue between Myrtle Boulevard and Leafy Lane, and the section of Myrtle Avenue between North Chatsworth Avenue and Madison Avenue. This "Residential Parking Area" currently is posted with time restrictions that are to be followed for all non -permit holders (see Section 2.4 discussion for North Chatsworth Avenue and Washington Square). 1902.00415.19 - 13 - Barton & Loguidice, D.P.C. Page 47 of 233 Commuter Parking Study 2.7 Existing Town Owned Property near Train Station Within close proximity to the Larchmont Train Station there are parcels of property that are currently owned by the Town (see Figure 7). These locations would be ideal for use as commuter parking given their location to the train station. However, current use of these parcels would limit expansion and development. See section 3.1 of this report for additional discussion. The list below details the existing land use of each location. 1) Larchmont-Mamaroneck Joint Sanitation Commission Z) Vacant Lot 3) Existing Municipal Parking Lots No. 3 and 5 4) Existing Municipal Parking Lots No. 1 and 6 5) Memorial Park 6) Mamaroneck Town Park 7) Unnamed Town Park Abl St. '� -�» � S _ ,�l•• '� ` is <�j � t •" �r fi� r a ? � � . lily Figure 7 —Town Owned Parcels 190Z. 004 / 5.19 - 14 - Barton & L oguidice, D.P. C. Page 48 of 233 Commuter Parking Study 2.8 Public Involvement On April 8, 2019 the Town held a public information meeting at the Town of Mamaroneck Senior Center and invited the public to present their concerns to the Town's engineering consultant. Prior to the public information meeting, written comments were provided to the Town's Supervisor and Administrator, dating back to 2018, that expressed similar concerns voiced during the public information meeting. Some of the predominant comments received as a result of the on street parking include: • A reduction in driveway sight distance as motorists attempt to exit their residences, • Vehicles crossing the striped centerline creating an unsafe situation to avoid on street parked cars, • Requests for intermediate measures to restrict on street parking until a final decision can be made by the Town, • Requests for time restrictive parking that would prevent all day on street parking, • Reduced quality and character of the neighborhood due to litter and appearance of parked cars, • Out of town (non -local) people are taking advantage of free on street parking while residents pay the price, and • Parking restrictions enacted on other streets in the Town have worked to limit all day on street parking. 1902.00415.19 - 15 - Barton & Loguidice, D.P.C. Page 49 of 233 Commuter Parking Study 3.0 Proposed Alternative to Counteract All -Day on Street Parking All -day non-resident parking on streets within the Town is a concern to Town residents. Posted time restrictions on streets within the boundaries of Interstate 95 (south), Weaver Street (east), Forest Avenue (north), and the western Town boundary will eliminate all day parking within approximately one half mile of the Larchmont Train Station. Figure 8 details the above defined boundaries. The Town's parking enforcement staff currently enforces parking restrictions at other locations within the Town and would add this area to their route. The Town Police Department provided proposed time restrictions for the streets within the above defined boundary that could be reasonably enforced throughout the course of the day. Time restrictions would include no parking on one side of each road, for one hour per day. During the no parking time restriction, vehicles would be required to move to the opposite side of the road. The proposed time restrictions and applicable streets are shown below and correspond to the colors shown in Figure 8. 1902.004 / 5.19 - 16 - Barton & Loguidice, D.P. C. Page 50 of 233 Commuter Parking Study c l ` s *two •</ vs: r''"`'.. ,/ 00 # Washington Square Residential Parking Area - V Figure 8 —Time Restriction Street Posting Area Yellow Streets — 3 Hour parking on both sides of road 1) North Chatsworth Avenue 4) Murray Avenue 2) Forest Avenue 5) Myrtle Boulevard 3) Rockingstone Avenue Orange — Existing School Restrictions to remain 1) Forest Avenue 4) Senate Place 2) Murray Avenue 5) Colonial Avenue 3) Daymon Terrace 1902.00415.19 - 17 - Barton & Loguidice, D.P. C. Page 51 of 233 Commuter Parking Study Green Streets — No Parking 9:00 AM to 10:00 AM, and 2:00 PM to 3:00 PM 1) Laurel Avenue 2) Thompson Street 3) Cabot Road 4) Wood Street 5) Preston Street 6) Taylor Place 7) Baldwin Avenue 8) Maple Street 9) Leafy Lane 10) Lafayette Road 11) Madison Avenue 12) Varela Lane 13) Edgewood Avenue 14) Overlook Terrace 15) Judson Street 16) Hillcrest Avenue Purple Streets — No Parking 10:00 AM to 11:00 AM, and 1:00 PM to 2:00 PM 1) Maple Hill Drive 2) Emerson Road 3) Hillside Road 4) Echo Lane 5) Lookout Circle 6) Huguenot Drive 7) Normandy Road 8) France Place 9) Rochelle Road 10) Mountain Avenue 11) Wildwood Road 12) Seton Road 13) Springdale Road 14) Poplar Road Blue Streets — No Parking 11:00 AM to 12:00 AM, and 12:00 PM to 1:00 PM 1) Dante Street 2) Dimitri Place 3) Orsini Drive 4) Byron Place 5) Homer Avenue 6) Maplewood Street 7) Glenn Road 8) Bryson Street 9) Birch Road 10) Fern Road 11) Valley Road 12) Spruce Road 13) Birchfield Road Before the Town proceeds with implementation of parking restrictions a public hearing will be required. 1902.00415.19 - 18 - Barton & Loguidice, D.P. C. Page 52 of 233 Commuter Parking Study 4.0 Proposed Alternatives Investigated to Improve Resident Parking Accommodations Alternative 1: Municipal Parking Lot #1 Re -orientation —The potential re -orientation (optimization) of Municipal Lot #1 was examined to see if additional parking spaces could be created within the boundary of the existing lot. Typical parking lot dimensions and orientations used in the preliminary investigation were obtained from Figure 24-22 of the New York State Department of Transportation (NYSDOT) Highway Design Manual (HDM). The preliminary investigation indicated a slight reduction in parking spaces (less than 5) through the implementation of angled parking, without adjusting the existing footprint. This design included narrower aisles, however, enough space could not be made up in the existing lot boundary. Alternative 2: Municipal Parking Lot #1 Reorientation (Vine Street) —The construction of additional angled parking spaces on Vine Street was examined and would yield three (3) additional parking spaces. The addition of the angled parking spaces on the northeast side of Vine Street would require the removal of 5 mature trees and installation of approximately 140 ft. of new curb and sidewalk. The existing utility cabinets and bollards in this area would remain unchanged. Implementation of the new parking spaces would involve a moderate cost for these 3 spaces. Alternative 3: Development of Additional Parking on Existing Town Land.- The locations of Town owned property detailed in Section 2.7 of this report are very good candidates for additional parking development given their proximity to the existing train station. However, only one location is undeveloped, which is a vacant lot of approximately 0.2 acres in size. The Town previously investigated developing this parcel for parking and determined that it could accommodate 20 additional vehicles. Development of this parcel would accommodate most of the estimated Local Town residents that are parking on Town streets. Implementation of the parking lot could be considered a moderate cost improvement. Alternative 4: Development of Additional Parking at Existing Town Parking Structure. — As mentioned in Alternative 3, the locations of Town owned property detailed in Section 1902.004 / 5.19 - 19 - Barton & Loguidice, D.P. C. Page 53 of 233 Commuter Parking Study 2.7 of this report are ideal sites for additional parking. Municipal parking lot #3 is an existing two story parking structure that currently accommodates 113 vehicles (54 on the upper level). Further development of this structure can potentially accommodate another 50 vehicles. The initial cost would be on the high end of improvements and require a structural analysis to determine feasibility. The potential revenue from an additional 50 parking spaces should be utilized in a cost -to -benefit analysis after further engineering investigations. Alternative 5: Increased Resident Parking Fees — The Town could make adjustments to the resident parking lots fee structure by increasing the yearly rates, to discourage those residents who do not use the lots on a daily basis, from purchasing a yearly pass. The increased fees would provide additional revenue for the Town. Alternative 6: Implementation of a Jitney (bus or other vehicle) Service — The Town could implement a jitney service for Town residents that would provide a means of transportation to designated stops at the northern limits of the Town. Residents who may have otherwise purchased a yearly parking pass could take the jitney to the train station and return at the end of the work day. Potential locations identified include: • Rockland Avenue between Forest Avenue and Winged Foot Avenue, • The northwest corner of Grand Park Avenue and Fenbrook Drive, and • Old White Plains Road between Wellhouse Lane and Stonewall Lane. The jitney stop locations would require other amenities such as shelters, signage, crosswalks, sidewalks, and potentially lighting added. The Rockland Avenue location is adjacent to Town owned property as part of the Leatherstocking Nature Trails, which could be developed for additional parking related to recreation and/or jitney use. Alternative 7: Cooperation with Private Entities to Utilize Unused Parking - The Town could explore agreements with adjacent apartment complexes or businesses that could accommodate the Town with unused parking spaces. Similar fee type structures and permit issuance that the Town currently employs for their six (6) Municipal Parking Lots, could be established with these private entities in a manner that mutually benefitted both parties. 1902. 00415.19 - 20 - Barton & Loguidice, D.P. C. Page 54 of 233 Commuter Parking Study • The Carlshire, located on the Washington Square, has an existing 36 car parking structure. • New York Sports Clubs, located on Madison Avenue, has an existing 47 car parking lot. • New York State Thruway Authority Larchmont Maintenance Section, has an existing 51 car parking lot. Alternative 8: Create Designated Town Parking Areas on Town Roads — Similar to Local Law No. 4 — 2014, the Town could create a designated parking area on certain public streets by requesting the New York State Legislature pass special legislation creating a residential parking system. Alternative 9: Expansion of Existing Municipal Parking Lots - The existing sizes of Municipal Lots No. 2, 4, 5, and 6 are not ideal for horizontal or vertical expansion because they are restricted by property boundaries and would not be economically feasible. Municipal Parking Lot No. 1 would be a feasible candidate for vertical expansion and would be a high cost improvement. 1902.004 / 5.19 - 21 - Barton & Loguidice, D.P.C. Page 55 of 233 Commuter Parking Study t ` 1902.004 / 5.19 - 22 - Barton & Loguidice, D.P. C. Page 56 of 233 APPENDICES Page 57 of 233 APPENDIX A EXISTING PARKING DATA Page 58 of 233 License Plate Check Field Data Sheet Date 1/31/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Copley Road Between Kenmare Road and Alden Road License Plate Number STATE Comments NY Duplicate plate from 1/23 count NY NY p Duplicate plate from 1/23 count NY - NY p- Duplicate plate from 1/23 count NY L.CC i NY ( Duplicate plate from 1/23 count NY Qr Duplicate plate from 1/23 count NY .... .. L-4 NYCA i Duplicate plate from 1/23 count On east side of Copley Drive, starting at Alden Road there is signage including No Parking, Tuesday 9AM to 12 Noon; Parking Permitted from 3AM to 6AM; Reserved Parking (Handicapped); At approximately 12 Copley Road there is the following sign on the east side: No Parking, 3AM - 6AM, Beyond This Sign No other parking signs on the road Comments See above Observer PJC/TCB Page 1 of 1 Page 59 of 233 License Plate Check Field Data Sheet Date 1/31/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Kenmare Road Between Devon Road and Copley Road License Plate Number STATE Comments NY L 0 NY C_ NY NY Le P,. L NY NY MA1460A (— Comments No signs restricting parking on the road Observer PJC/TCB Page 1 of 1 Page 60 of 233 License Plate Check Field Data Sheet Date 1/31/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Alden Road Between Kenmare Road and Harmony Drive I icense Plate Number STATE Comments NY Cj4L NY CA I — NY 4 NY L CT p Duplicate plate from 1/23 count No signs restricting parking on the road, except No Parking Here to Corner on west side of Alden near intersection with Harmony Comments See above Observer P1C/TCB Page 1 of 1 Page 61 of 233 License Plate Check Field Data Sheet Date 1/31/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Harmony Drive Between Kenmare Road and Alden Road License Plate Number STATE Comments NY LOCAL - NY NY C,4L_ NY Duplicate plate from 1/23 count NY NY Duplicate plate from 1/23 count Comments No signs restricting parking on the road Observer PJC/TCB Page 1 of 1 Page 62 of 233 License Plate Check Field Data Sheet Date 1/31/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street CHATSWORTH AVE Between MOUNTAIN AND LAFAYETTE License Plate Number STATE Comments NY SOUTH OF ROCHELLE STICKER WITH RYE, CAR BOUGHT IN STAMFORD CT NY � NY NY NY N 90 NY START AT LAFAYETTE TOWARDS ROCHELLE, Duplicate plate from 1/23 count Ala Comments 3 HR parking restrictions between Myrtle Blvd. and Madison Ave. Observer PJC/TCB Page 1 of 1 P.1) Page 63 of 233 License Plate Check Field Data Sheet Date 1/31/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Washington Square Between N. Chatsworth Ave. and Madison Ave. License Plate Number STATE Comments NY A-f yQ VM N\� One way street NY t5 ti PA NY r AR I T-7L,G Usk,Rr� NY NY m-, NY c�4_ r NY r NY ? H4w5 NY NY NY f)S i fq Imc, I NY FL — C—A NY LAQcMrAnAT NY CAL — NY NY NY ew NY Vo i S CT cl-ami✓^ G - NY NY L,C3CKLL NY C^ CT IGL C- NY ( C NY j NY — NY f NY �ohlcl� rLt, NY T S T-UL1;1 NY _"CAL_ NY (�A NY c ( t Comments 3 HR PARKING, 9AM - 2PM, MON-FRI, EXCEPT PERMIT HOLDERS, EXCLUDES HOLIDAYS Observer PJC/TCB Page 1 of 1 Page 64 of 233 License Plate Check Field Data Sheet Date 1/31/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Overlook Terrace Between Edgewood Avenue to Edgewood Avenue License Plate Number STATE Comments NY LDCA- NY NY 1 0 CAI - NY NEWgo NY SAT I NY ij N V Duplicate plate from 1/23 count Comments No signs restricting parking on the road Observer PJC/TCB Page 1 of 1 Page 65 of 233 License Plate Check Field Data Sheet Date 1/31/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Edgewood Avenue Between N. Chatsworth Ave. and Weaver Street License Plate Number STATE Comments NY i G , %11 j� BEGIN AT N. CHATSWORTH/EDGEWOOD NY t�tlflii��?fti rim_ NY NY aui/ NY ',� j }e STOP AT EDGEWOOD/OVERLOOK NY l`4r 'f E f l BEGIN Al OVERLOOK NY AT vepi"(6ti MA M AP l o N, I M NY I -,COAL— END AT MURRAY AVE NYr`Yf -- j' 1 BEGIN AT MURRAY NY f STOP AT EMERSON RD EMERSON RD TO JUDSON NY .,ii Wit. - BEGIN AT JUDSON AND END AT PRESTON NY BEGIN AT PRESTON, Duplicate plate from 1/23 cour tt—i NY f u'I°`; :` �; .� i Duplicate plate from 1/23 count NY J,Duplicate plate from 1/23 count NY CT BUICK ENCORE NY a L1_` NY ;',�, ��_;� t3PJi1._ V NY L;f:--r-',I y I r' Duplicate plate from 1/23 count NY l�,�,';u� '�) END AT WEAVER Comments See restrictions shown on notes from 1/23/19 count Observer PJC/TCB Page 1 of 1 P Page 66 of 233 License Plate Check Field Data Sheet Date 1/31/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Myrtle Boulevard Between Weaver Street and Murray Avenue License Plate Number STATE Comments -low+NY I&W iyked stradling the narrow shoulder, curb, and sidewalk NY Wj1]rpnir R rked stradling the narrow shoulder, curb, and sidewalk Comments See restrictions shown on notes from 2/23/19 count observer PJC/TCB Page 1 of 1 Page 67 of 233 License Plate Check Field Data Sheet Date 1/31/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Maple Hill Drive Between Murray Avenue and Weaver Street License Plate Number STATE Comments NY ,—JJO a J, t "GIN AT MURRAY NY _ y-- NY 910 NY - �j NY Lo n END AT EMERSON EMERSON TO ORSINI NY L BEGIN AT ORSINI NY L-6 Duplicate plate from 1/23 count CT 9ZE NY CT NY Duplicate plate from 1/23 count NY t✓ NY Duplicate plate from 1/23 count NY Or —AL, NY t END AT WEAVER Comments No signs restricting parking on the road Observer PJC/TCB Page 1 of 1 Page 68 of 233 License Plate Check Field Data Sheet Date 1/31/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Emerson Road Between Maple Hill Drive and Edgewood Avenue License Plate Number STATE Comments NY Comments No signs restricting parking on the road Observer PJC/TCB Page 1 of 1 Page 69 of 233 License Plate Check Field Data Sheet Date 1/31/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Hillcrest Avenue Between Judson Street and Weaver Street License Plate Number STATE Comments 0 BEGIN AT WEAVER iJ , LOC AL- O Vj&>- T ATJUDSON, Duplicate plate from 1/23 count No parking on south side No restrictions on north side Comments See above Observer PJC/TCB Page 1 of 1 Page 70 of 233 License Plate Check Field Data Sheet Date 1/23/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Copley Road Between Kenmare Road and Alden Road License Plate Number STATE Comments NY 0 NY L-OC=AL- NY -C-VAC) NY Q NY L_ NY NY NY LOCAL - NY 0 � NY LO NY j NY L.Or-A- NY L,.O C,Az- N Y Lo <'.-AL CT NY j-0 CA L- On east side of Copley Drive, starting at Alden Road there is signage including No Parking, Tuesday 9AM to 12 Noon; Parking Permitted from 3AM to 6AM; Reserved Parking (Handicapped); At approximately 12 Copley Road there is the following sign on the east side: No Parking, 3AM - 6AM, Beyond This Sign No other parking signs on the road Comments See above Observer PJC/CKD Page 1 of 1 Page 71 of 233 License Plate Check Field Data Sheet Date 1/23/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Kenmare Road Between Devon Road and Copley Road License Plate Number STATE Comments NY NY NY CENTRAL ELEMENTARY SCHOOL, I LOVE 538 NY Comments No signs restricting parking on the road Observer PJC/CKD Page 1 of 1 Page 72 of 233 License Plate Check Field Data Sheet Date 1/23/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Alden Road Between Kenmare Road and Harmony Drive License Plate Number STATE Comments NY 0%,Motorist walking with stroller loaded car during count period AW— CT A% �- CT Cz No signs restricting parking on the road, except No Parking Here to Corner on west side of Alden near intersection with Harmony Comments See above Observer PJC/CKD Page 1 of 1 Page 73 of 233 License Plate Check Field Data Sheet Date 1/23/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Harmony Drive Between Kenmare Road and Alden Road License Plate Number STATE Comments NY MD AI-Q + dW NY LAgLAIMdar NY NY OCA NY p NY Comments No signs restricting parking on the road Observer PJC/CKD Page 1 of 1 Page 74 of 233 License Plate Check Field Data Sheet Date 1/23/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street North Chatsworth Avenue Between Myrtle Blvd. and Hillside Road License Plate Number STATE Comments MAJK- FL a NY NY MEW NY AD NY .616W O NJ E ,L-AA NY 16 o NY NY E NY NY NY '4 �— NY i (� N Y r�E NY Lo C NY % NY NY In NY L_OC.Ac_ NY LoCAL-. NY FL—Lt4API F L LC' o6- Keql NY LQ UQ L,— N Y (.gyp NY L,D CAL FL ft " .S CAA NY F-W Comments 3 HR parking restrictions between Myrtle Blvd. and Madison Ave. Observer PJC/CKD Page 1 of ] Page 75 of 233 Date 1/23/20 Town Mamaro Street Washington Square License Plate Number STATE NY NY NY NY NY NY NY NY NY NY NY PA NY NY NY NY NY NY NY NY NY NY NY NY NY NY NY NY F I_ � () "L L-0 �_ 1.o N6— License Plate Check Field Data Sheet 19 Weather Overcast neck Side of Street Count of both sides Between N. Chatsworth Ave. and Madison Ave. Comments Comments One way street; 3 HR PARKING, 9AM - 2PM, MON-FRI, EXCEPT AS PERMIT HOLDERS, EXCLUDES HOLIDAYS Observer PJC/CKD Page 1 of 1 Page 76 of 233 License Plate Check Field Data Sheet Date 1/23/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Overlook Terrace Between Edgewood Avenue to Edgewood Avenue License Plate Number STATE Comments X IJUNY r' a cAt— WHl to L_1jCA(— Comments No signs restricting parking on the road Observer PJC/CKD Page 1 of 1 Page 77 of 233 License Plate Check Field Data Sheet Date 1/23/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Edgewood Avenue Between N. Chatsworth Ave. and Weaver Street License Plate Number STATE Comments NY NY NI �( NY T— L. NY f �...._ NY 4 NY NY1� -- NY f(^ Iff NY NY 1f ( C.V Ou— NY NY NY LIS,?PJ}` NY N. Chatsworth Ave. to Judson St. Signage No Parking, Mon - Fri, 2PM - 3PM, Except Holidays (south side of road) No Parking, 10AM - 11AM, Mon. -Fri., Except Holidays (north side of road) Judson St. to Weaver St. Signage No Parking this side of Street (south side of road) Not posted or restricted on north side of road Comments See above Observer PJC/CKD Page 1 of 1 Page 78 of 233 License Plate Check Field Data Sheet Date 1/23/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Myrtle Boulevard Between Weaver Street and Murray Avenue License Plate Number STATE Comments No vehicles parked on either side of the road Narrow shoulder, does not appear that motorists would park here Weaver St. to Wood St. Signage Snow Emergency Route, No Parking During Emergencies (south side) Weaver St. to Preston St. Signage No Parking This Side of Street and Snow Emergency sign (north side) Preston St. to Maple St. Signage No Parking This Side of Street (north side) Maple St. to MurrayAve. Signage No Parking Anytime (north and south side) Wood St. to Maple St. Signage No Parking This Side of Street (south side) Comments See above Observer PJC/CKD Page 1 of 1 Page 79 of 233 Date License Plate Check Field Data Sheet 1/23/2019 Town Mamaroneck Street Maple Hill Drive License Plate Number STATE NY NY CT NY NY NY NY NY NY NY NY NY NY PA NY NY NY NY NY NY Weather Overcast Side of Street Count of both sides Between Murray Avenue and Weaver Street Comments 9VZ2 A few work vehicles for a contractor were noticed and their plates were not recorded Comments No signs restricting parking on the road Observer PJC/CKD Page 1 of 1 Page 80 of 233 License Plate Check Field Data Sheet Date 1/23/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Emerson Road Between Maple Hill Drive and Edgewood Avenue License Plate Comments Number STATE NY NY MA/l A LArY Vlb Comments No signs restricting parking on the road Observer PJC/CKD Page 1 of 1 Page 81 of 233 License Plate Check Field Data Sheet Date 1/23/2019 Weather Overcast Town Mamaroneck Side of Street Count of both sides Street Hillcrest Avenue Between Judson Street and Weaver Street License Plate Number STATE Comments NY NY f9L_ NY Alof ON EIL& No parking on south side No restrictions on north side Comments See above Observer PJC/CKD Page 1 of 1 Page 82 of 233 01/22/19 1330HOURS ROCKRJGSTONE AVE (10) Mountain -Valley Madeline Avenue New Rochelle FL Cypress Rd Ocala, FL Rockingstone TOM Rockingstone TOM Valley -Spruce Cloverwood Road White Plains Rockingstone TOM 186th Street Queens Spruce -Forest Anthony Avenue Bronx Rockingstone TOM Ridge Road INewRochelle OVERLOOK TERRACE (6) W 47th Street New York ,NY E 212nd Street Bronx Edgewood TOM Overlook TOM Gleason Ave Bronx Fisher Ave White Plains EMERSONEROADPinebrook BlvdNew Rochelle W Garden RoadTOM Badeau PlaceNew Rochelle Maple Hill DrTOM ORSINI DRIVE (3) jF6hAve elena Ave Larchmont Mt. Vernon rsini Dr ITOM DRIVE (Orsini to Murray) (4)aver St TOM MRPLE_HILL aver St New Rochelle h Ave So. Richmond, Ny (SI) llow St Mamaroneck Page 83 of 233 NORTH CHATSWORTH AVENUE (19) Forest -Glen N Chatsworth Ave TOM Fayette Ave Mamaroneck Edgar Place Bronx Glen- Rockingstone 15th Ave Mount Vernon Mayhew Ave Larchmont Cross St Bronxville Burke Ave Bronx Mountain -Rochelle Acorn Terr New Rochelle Forest Ave TOM Mountain Ave New Rochelle Fred. Douglas Blvd New York, NY Devonshire Rd New Rochelle Rochelle -Lafayette Rockingstone Ave TOM N1 Rental Vehicle Dealer Assignment Yonkers Eck Place New Rochelle Mulberry Lane New Rochelle FL Palacios Drive Sarasota, FL Mulberry Lane INew Rochelle Page 84 of 233 Town of Mamaroneck New York Traffic Committee Review Request Form The TMffic Committee serves as an advisory group that reviews concerns, requests and suggestions for traffic safety improvements front, residents in the Town of Mamaroneck. The Committee's role is to evaluate and recommend to the Town Board various approaches and proposed changes that could be utilized to create safer and more linable neighborhoods, as well as enhance traffic safety within the Town. By your completing this form, the Traffic Committee will be better able to evaluate the issue and propose possible altemadves to existing traffic and parking situations. Submission instructions are noted on the reverse side of this form. If your issue is placed on the Traffic Committee agenda, you will be advised of the date, time and location of the Traffic Committee meeting at which your issue will be discussed. Your Contact Infortttation: Name Address E-mail Address Phone Numbers Type of Issue: (please check all that apply) Date: c3Z a Cl 6peeding . ©Careless driving ❑Not stopping for stop signlaigrud ridng ©Intersection ❑ Visibility/Obstruction L3Pedeshian Safety ❑Bicycle Safety [3Request signage/sigw&road markings ❑ Mer hacation of s Sue: (please provide specific street address or the staaot and noarest cross street) I` DescriptUm of issue/Suggested Hction(s): (if additional space is needed, please attach to the form) Would other individuals and/or property be affected? Please attach or provide links to aay photos or maps that may assist the TrMc Committee in identlfyiug and evalltatitig the issue. Day(s) the issue most often occurs: 1Wlonday "dTaesday �Wedne-d-y [;Tbuiaday Tlme(s) the issue moat oftenoccurs: /I ❑12arn_3am [33am-6am Eflidgy ❑satusday ❑day ' p am - 9 am 0 am - 12 noon 012noon -3ptn ❑3pm-6pm 06ptn-8pm ❑9pm-12am Page 85 of 233 Additional page to Traffic Committee Review Request Form My husband and I moved to ON Chatsworth Ave in Larchmont 36 years ago last month. Like most young families we left the city to get away from the noise, the cars, the grit, and to give our growing family space to enjoy the outdoors. To us Larchmont was a beautiful community with lovely pieces of property and not the kind of traffic one finds in a city. Until recently. Larchmont exceeded our dreams. In the last few months we feel like we're living back on E. 85th St. in NYC. Now we have to pay attention to parking rules to move our car out of our driveway and park in front of our very own house for which we pay a lot of taxes. We often find that our entire frontage is filled with parked cars for a good part of the day because our neighbors can't park on their side of the street in front of their own houses. They move their cars In front of our home until they can move their cars back to their side of the street in front of their own homes. Now Instead of seeing our beautifully maintained front yard, we see a row of cars lining our curb. I understand the purpose of the new parking regulations, to avoid those skipping out on train station parking and parking on residential streets instead. My understanding was that this proposal was to keep our neighborhood streets from looking llike a parking lot, or a NYC side street. Unfortunately, instead of train commuters parking in front of our homes, we have our neighbors needing to park in front of each others homes because we can't park in front of our own home. As a homeowner I find it extremely frustrabng that we have to deal with the same parking rules as the commuters, just to park our own car in front of our own property, which I say again, we pay a lot of taxes to own. Our curb has become even more congested with cars than it ever was when the train parking "creep" was a problem as the neighborhood is now restricted to where and when they can park. When I met with the town department discussing the new parking rules, I inquired as to whether local homeowners could have a pass to put on their windshield so that they could park In front of their own properties. I was told no. I still would like to make this recommendation as I am getting frustrated with the exercise of moving our car to the proper side of the street, paying parking fines when we forget {how could we not after 36 years of free movementl7}, and having our neighbors park in front of our house when they can't park in front of their own. I look forward to hearing from you with consideration to my request to be able to use our street side parking as we desire, and our taxes should enable us to do so. Page 86 of 233 Green Wonnell, Connie From: Green Wonnell, Connie Sent: Monday, September 12, 2022 1:56 P'M To: Cc: Eney, Jaine Elkind; adierna, Sue; Meredith Robson; Margaret Delohery Subject: RE: Parking concerns on N Chatsworth Dear M Since the parking restrictions were adopted by the Town Board, the matter, instead of being reviewed by the Traffic Committee, will be referred to the Town Board for consideration. Once it is placed on a Town Hoard agenda, I'll let you know. Best regards, Connie Green O'Donnell Deputy Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck NY 10M Sign Up for Town Alerts! -----On Mess e---- �Yom: Sent: Sunday, September 11, 2022 9:84 PM Dear Connie, Now that summer is over I'm hoping the traffic committee will be meeting again and my issue will be brought up for them to consider. I returned the required form to you in June but have not heard from anyone regarding a committee meeting, Do you have any idea when there might be one? Thank ou, Sent from my iPad > On Jun 4, 2022, at 4:07 PM, Green Wonnell, Connie wrote: > Dear = > Page 87 of 233 > Residents are asked to complete the attached form if they want the Traffic Committee to review their issue. Upon completion, the form is to be returned to my attention. You will be notified when it will be on the Committee's agenda for discussion. There is no set schedule as to when the meetings are held. However, they are normally held in the Courtroom on a 'Wednesday and start at 7 pm. } If you have any questions, please do not hesitate to contact me. a Best regards, > Connie Green O'Donnell Deputy Town Administrator > Town of Mamaroneck a 740 West Boston Post Road a Mamaroneck, NY 10543 3 y 3 > Sign Up for Town Alerts! > -----Original Message--- , From: a Sent. Saturday, June 4, 2022 9:43 AM > To: Green ODonnell, Connie 3 Cc: Eney, Jaine Elkind <Supervisor@TownomamaroneckWY.org> Subject. Parking concerns on N Chatsworth > Dear Connie, > I was just advised to email you regarding my traffic concerns on N Chatsworth Ave. Please see a copy, below, of my May 11 th letter to Supervisor Eney describing the situation we are now facing. I would like to get this issue onto your committee's agenda, and do whatever I need to do to make it right. Please let me know how I need to proceed. a Thank you for your attention to this issue. Best, y a ?> Dear Jaine, We moved toEN Chatsworth Ave in Larchmont 36 years ago this month. Like most young families we left the city to get away from the noise, the cars, the grit, and to give our growing family space to enjoy the outdoors. To us Larchmont was a beautiful community with lovely pieces of property and not the kind of traffic one finds in a city. Until recently, Larchmont has exceeded our dreams. In the last few months we feel like we're living back on E. 85th St. in NYC, having to pay attention to parking rules to move our car out of our driveway and park in front of our very own house for which we pay a lot of taxes. We also often find that our entire frontage is often filled with parked cars for a good part of the day because our neighbors can't park on their side of the street in front of their own houses. So they move their cars in front of our home. Now instead of seeing our beautifully maintained front yard, we see a row of cars lining our curb. I understand the purpose of the new parking regulations, to avoid those skipping out on train station parking and parking on residential streets instead. But as a homeowner I find it extremely frustrating that we have to deal with the same parking rules just to park our own car in front of our own property, which I Page 88 of 233 say again we pay a lot of taxes to own. And our curb has become even more congested with cars than it ever was when the train parking "creep" was a problem as the neighborhood is now xestricted to where and when they can park. When I met with the town department discussing the new parking rules, I inquired as to whether local homeowners could have a pass to put on their windshield so that they could park in front of their own properties. I was told no. I still would like to snake this recommendation as I am getting frustrated with the exercise of moving our car to the proper side of the the street, paying,parking fines when we forget (how could we not after 36 years of free movement!?), and having our neighbors park in front of our house when they can't park in front of their own. » I look forward to hearing from you with consideration to my request to be able to Use our street side parking as we desire, and our taxes should enable us to do so. » Regards, �a - a Sent from my Tad Page 89 of 233 Green Wonnell, Connie From. Sent: Sunday. June 12, 2022 10:18 PM To: Green ODonnelf, Connie Subject: Street Parking Regulations Attachments: IFIRIC mMmrnitteeform. pdf, street parking ON Chatsworth,docx Dear Connie, Please find attached the Traffic Review Request Form, an additional page of information regarding the issue, and a photo. Let me know if there is any other information required. Otherwise, I look forward to hearing back from you regarding the next steps. Regards, . TM ui' � , "I, Page 90 of 233 -----Original Message ----- From: Sent: Tuesday, October 25, 2022 2:49 PM To: Green ODonnell, Connie Subject: Re: Parking concerns on N Chatsworth Thank you for your clarification, Connie. I would like to reiterate that the new parking rules are causing more street parking in front of my house than there ever was from the "commuter creep". I feel like it would have been better if the town didn't add parking restrictions on our block. I would have liked to have seen how far the "creep" would have extended before applying the new riles on our block, as they were waiting to do on the next block down the street. And now, since Covid, there are clearly fewer commuters, though I understand this couldn't have been predicted when the new riles were made. Given my above remarks, as well as my initial comments to the town, I strongly hope the board will consider removing the restriction on our part of N Chatsworth or will come up with a plan to allow the residents on the block to park on their own street without worry or penalty. Thank you for your consideration. Page 91 of 233 Green ODonnell, Connie From: Sent: Tuesday, June 14, 202211AO PM To: Green ODonnell, Connie Subject: Sign removal Attachments: Traffic Committee Fillable Review Request Form.pdf Hi Ms. Green•I have filled in and attached the request form for signage removal on Rockingstone Avenue across from Wildwood Road In Larchmont. Prior to March 2020, residents in the area were concerned that vehicles were parking on Rockingstone Avenue to use the Larchmont train station. I never saw cars parked this far up on Rockingstone or in front of my house for this purpose. The sign was unnecessary than and evert more outdated now that less people are using the train. Please remove this unattractive sign as it has caused visitors to my home to be ticketed an makes it difficult for my family when we need to swap cars due to our single lane drlveway. Thanks you for your time and understanding. PS -I have also donated to the town to have a new tree planted in front of my house and it will look so much better without this unappealing sign next to it. Page 92 of 233 'c r o �7Town of u� r,•. Oy MamaroneCk York fa Traffic Committee Review Request Forst The Traffic Committee serves as an advisory group that reviews concerns, requests and suggestions for traffic safety improvements from residents in the Town of Mamaroneck. The Committee's role is to evaluate and recommend to the 'Town Board various approaches and proposed changes that could be utilized to create safer and more livable neighborhoods, as well as enhance traffic safety within the Town. By your completing this form, the Traffic Committee will be better able to evaluate the issue and propose possible alternatives to existing traffic and parldng situations. Submission instructions are noted on the reverse side of this form. If your issue is placed on the Traffic Committee agenda, you will be advised of the date, time and location of the Traffic Committee meeting at which your issue will be discussed. Your Contact information: Name Address E-mail Address Phone Numbers Date: Jur1914, 2M Type of Issue: (please check all that apply) 13 speeding []Careless driving [=Nut stopping for stop sign/signal ❑Parking ❑Intersection ❑ Visibility/Obstmction ❑Pedestrian Safety El Bicycle Safety (]Request signage/signaltroad markings ❑ ether Unreowaary slgnage Raddrtgstone AyonudMidwood caus€ng problems for vtsHors Location of Issue: (please provide spew street address or the street and nearest cross street) Description of Issue/Suggested Action(s): (if additional space is needed, please attach to the form) Would other individuals and/or property be affected? No Pleane attach or provide links to any photos or reaps that may assist the Traffic Committee its identifying and evaluating the issue. Day(s) the issue most often occurs: ©Monday ❑Tueaday ❑Wednesday r❑Thursday QFYiday ❑Saturday QSur►day Time(s) the issue most often occurs: j]12am- Sam ❑3an Gam ❑ham -gam ❑gam-12noon El12roon-3pm 03pm-6pm ❑epm-9pm ❑9pm-12am Page 93 of 233 "Prior to March 2020, residents in the area were concerned that vehicles were parking on Rockingstone Avenue to use the Larchmont train station. I never saw cars parked his far up on Rockingstone or in front of my house for this purpose. The sign was unnecessary than and even more outdated now that less people are using the train. Please remove this unattractive sign as it has caused visitors to my home to be ticketed and makes it difficult for workers to do afternoon work without interruptions to move their vehicles." Page 94 of 233 6/20122.1:29 PM MRockiagslone Ave - G00910 Maps G(;,gle Maps=Rocklngstone Ave V- 9 11-9 W"•o 2an 9 Vq-- -e" '7*4 A Map data 02022 500 It, I "4 Rockingstone Ave Building 0 no DirecDonc Save Nearby Send In Share phone 0 MRuckingstone Ave, Larchmont, NY 10538 Photos https:iAvww.go-ogle.r-orT,IrniapstplacelMRockingslone+Ave,+Larctimont,+NY+105381@40,936022.-73.76i4l827.16zJdata=14m5!3m4llsOx8Pagegc29214?-95 o... 112 f 233 6/20/22, 1:13 Ph1 MRockingslone Ave - Google Maps Go g},p Maj..i Rockingstone Ave . ■Rockingstone Ave All Street View 6 360' Larchmont, New York Google Street View - May 2022 https:liwww.googte.camlmapslplae�Rockigstone+Ave,+Larchmonl,+NY+i0538/C40,938086,-73.7663795,3a.33.Ay,67.91h,97.52Vda!Page96 of 233 8124122 1.24 PM = Rockingstone Ave - Goagte Iwriaps -R4ckingstoneAve ti ' Rockingstone Ave All Street View & 36M Larchmom. New York Goagle Street View - May 2022 ro;: r:; t: ,, r,,.. wr i.:,;p'/0 P s 2':i 2 Gnc^" hitps./vuww.google.conVmapslplaceWReckingstone+Ave.+Larchmont+NY+105381@4Q.938D86, 73.7663795,3a,15y,67.91h,87.52t1data=!3m5!1e1... 1f2 Page 97 of 233 Green Wonnell, Connie From: Green Wonnell, Connie Seat: ON" ber 2'f, 2022 9:21 AM To: Cc Meredith Robson; Margaret pelohery Subject: RE: Sign removal Since the parking restrictions were adopted by the Town Board, the matter, instead of being reviewed by the Traffic Committee, will be referred to the Town Board for consideration. Once it is placed on a Town Board agenda, I`ll let you know. Best regards, Connie Green O'Donnell Deputy Town Administrator Town ofMamaroneck 740 West Boston Post Road Sign Up for Town Alertsl From: Sent: Tuesday, September 20, 2022 11:00 PM To: Green Wonnell, Connie Subject: Sign removal Hi -I just wanted to follow up to see if there was any new information regarding the removal of the sign in front of my Rockingstone Avenue home. I believe the last we spoke you said it was going to be brought up at the next traffic committee review board meeting. Thanks for your time, I have filled in and attached the request form for signage removal on Rockingstone Avenue across from Wildwood Road In Larchmont. Prior to March 2020, residents in the area were concerned that vehicles were parking on Rockingstone Avenue to use the Larchmont train station. I never saw cars parked this far up on Rockingstone or in front of my house for this purpose. The sign was unnecessary than and even more outdated now that Page 98 of 233 less people are using the train. Please remove this unattractive sign as it has caused visitors to my home to be ticketed an makes it difficult for my family when we need to swap cars due to our single lane driveway. ur time and understanding. PS-1 have also donated to the town to have a new tree planted in front of my house and it will look so much better without this unappealing sign next to it. Page 99 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Connie Green O'Donnell, Deputy Town Administrator Re: Traffic Committee Recommendation to Eliminate Parking Spaces Date: October 24, 2022 Attached please find a memo from Connie Green O'Donnell regarding the elimination of parking spaces on Forest Avenue. Should the Board choose to pursue elimination of the parking spaces, Mr. Maker can prepare the appropriate law for action at a subsequent meeting. Page 100 of 233 Town of Mamaroneck Administrator, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckNY.org Date: October 24, 2022 To: Meredith Robson, Town Administrator From: Connie Green O'Donnell, Deputy Town Administrator Subject: Traffic Committee Recommendation to Eliminate Parking Spaces General: The Traffic Committee at their last meeting heard from a resident who lives on Rockingstone Avenue near the intersection with Forest Avenue. The resident presented his concern that the intersection is very dangerous due to limited visibility. Doris Block, Chair, along with the members who were present were in agreement to recommend that the Town Board consider eliminating two parking spaces on Forest Avenue in order to enhance motorists' visibility. For your information, attached is a map depicting where the spaces are located. Attachment/s: Forest Avenue and Rockingstone Avenue Page 101 of 233 i 'W Goo'ie 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Discussion - Reduction of Town -wide Speed Limit to 25MPH Date: October 28, 2022 This will be a discussion only, no attachments necessary. Page 103 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Q3 2022 Operating Budget Report Date: October 27, 2022 Attached please find a memo from Tracy Yogman regarding the Q3 2022 Operating Budget Report. There is no further action needed at this time. Page 104 of 233 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: October 25, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Q3 2022 Operating Budget Report General: Attached please find the Q3 2022 Operating Budget Report. Attachment/s: Q3 2022 Operating export TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Page 105 of 233 TOWN OF MAMARONECK Q3 2022 OPERATING BUDGET REPORT The Town's financial performance through the third quarter is provided below by fund as compared to 2021 for the same period and includes budget projections through year end. Town programs are back up and running as indicated by the increases in both revenues and expenses as compared to last year. The most significant revenues the Town relies upon are expected to meet or exceed budget that includes mortgage tax and sales tax. As inflation causes general price increases and home sales are starting to slow down, we can anticipate meeting or exceeding budget. FINANCIAL SUMMARIES Overall, it is anticipated that a savings of $591k will increase fund balance as compared to the use of fund balance of $3.7 million in the budget. The projection includes a savings to budget of $5.4 million primarily a result of conservative budget practices, mortgage and sales tax, recreation programs and ambulance fees. The major contributors to this savings are outlined below. Fortunately, the 2022 budget was prepared with rising inflation in mind but the current inflation rate is climbing. Typically, the Town has significant cost savings as a result of conservative budget practices. Utilities, insurance, gas prices and garage parts seem to be the costs that have or are anticipated to exceed their budget lines. Fund balances will remain in compliance with the Town's fund balance policy. They will be monitored and will be strategically utilized in the 2023 budget. REVENUES In total, revenues are collectively 7.0% higher in 2022 than 2021 for the first half of the fiscal year. It is anticipated that revenues will be higher than the $51.0 million budget by $2.6 million. The most significant revenue variances are as follows: Tax Collection The 2022 Town & County Tax collection began on April 1 st and collection is almost exactly the same as last year for the first nine months of the year. The Town has collected 99.9% of the 2022 Town & County levy as of today. Mortgage Tax 1 Page 106 of 233 Mortgage tax is based on an October- September fiscal year and is paid semi- annually in June and December of each year. The Town has received the first half of the proceeds (October 2021 - March 2022) of $845k as compared to the same period in 2021 of $884k. This is a 4.5% decline and represents 53% of the $1.6m budget. The County Clerk does report Mortgage Tax monthly. As of September 30, 2022, mortgage tax revenue will be $2.1 million and will exceed the budget of $1.6 million by almost $498k. August and September 2022 revenue were 40% lower than the same two months of 2021. If that trend continues, the 2023 revenue will decrease from $2.1 million to $1.3 million or similar to the annual tax received prior to the pandemic. Mortgage Tax Revenue $Z,Sf}o,000 51,500,W0 $1,0wo00 $500,000 $0 2014 2015 2016 2017 2019 2019 2020 2021 2022 2023 ISuda,i'[ lludget tBucaget tACTUal Sales Tax Sales Tax is based on a calendar year and payments are made quarterly beginning in May 2022. Sales tax for the first three quarters of the year is $2.5 million and is approximately 13% higher in 2022 as compared to the same period of 2021 or 83% of the budgeted revenue. Sales tax is generally on the rise and significantly higher in September 2022 as compared to the same month in 2021. If this trend continues, it is conservatively projected that sales tax will exceed the $3.Om budget by $300,000. Recreation Income The ice rink revenue is anticipated to exceed budget by $339k, pool by $116k and the youth/recreation programs are anticipated to fall short of budget by ($150k) as 2 Page 107 of 233 teen camp was not held in 2022. Net revenue is projected to exceed budget by $620k. Other Income Other income that will exceed budget but are restricted by fund and purpose are: Ambulance revenue ($104k), Housing revenues ($190k) and Water Revenues ($263k). Sewer rent revenue will fall short of budget by $90k. EXPENSES Anticipated expense savings of $2.4 million are primarily attributable to vacancies (Comptroller, Town Clerk, Engineers, Court Clerk, Community Services), camp savings, and employee benefits. A distribution from the Garbage Commission of $180k and a deferral of $408k for a capital transfer from the Water Fund for the Rye Lake UV Facility as an advance for grant funds rounds out the projected savings. $1s., c $1EM $14.52 $14.CC $13.40, � S 14.4C ■ � S8.4C GENERAL FUND 2022 EXPENSES SSfi.1Q $15.5+3' 0 $11.1C 4 7" •1 r. r�ir�rhw�r ■BUDGET ■ACTUAL ■PROJECTED 3 Page 108 of 233 a0 I- I- 00 ri m O ri O N O 00 m 0 lf) O O M Ln O co N O rmi N m I� r-I M I, � w N I, O I� M N Olq* 00 m O II)) `"' 00 lD N UJ -t 00 N 00 It N N r-I Ln tD }, N � tD 0) W Ln O 0) l0 00 M M r-I N r-I r-I .. N Ln O] Cc > ri N N r-I N19T tD N I- m m 00 00 N m Ln 00 m O 4 O r-I tD 11 -p N 0) Ln ll ri Oo ri lD o0 00 tD N +�+ 0) 00 N M O Ln r-I 00 N I- r-I M ri N tD M O I- O Ln Oo (,4 0) N O N I- r-I to N I- 'qt Ln 0) to -4 q Ln rl tD ri N m d �1 r-I r-I Ln m I- m I- O O m n n m N M N tD 00 M Ln m m m Ln 4 N m N" 00 m m 00 O N m N Iq I- 0 m 0) 0) 0) I- Ln Ln oo N q Ln O m Ln I� Co O 0) I� 41 Ln Ln tD Ln +- O o0 00 0) Ln N N t N Ri O ri N Ln Ln ri N Ln } (aj r-I r-I Rt to rn m m N rn m 1� 1� tD o o 0 0 Ln 0) Ln cM 0) Ln r-I O� m Ln ' M n Ln r-I tD to m ri N r-I i r-I r-I i o ri 00 00 N ri 00 00 00 w tD tD m O O I� m Ln 00 LD lqt 00 m Ln O M to r-I I� r-I 00 tD ri M N 00 O ('M ri -q Ln r- 00 0) r- N rNi O N 0) O r-I `-' r-I O M O0 m MO r-Ir-ILr ri N WIM m O r, N 00 N Ln -,t ri N '-0 m N ri Ln 00 O N m m m DO M to O 00 N N O oD r-I to tD 00 M ri to ri oo r-I tD O r- O lD to O) C) N O I- ri r- 00 ct Ln M 01 0) Ln lid, 00 m 00 m N I- N tD M O cn Ln rl Ln r-I N r-I M r-I r-I Ln I/Ij- 1 V'j-I -k4 tD N Ln t lD N ri LD O 00 m lD M N N O r-I r-I r-I to N M m lD N O r- tD r-I r- 00 O q N Ln Ln O tD m Ln N 00 Ln oo Oo O q* 00 m 144, 0) lqt r-I 00 lqt Oo tD r-I ri Ln ri Ln N N N N tD Ln M 0) tp 0) ri Ln -�i m ri ri ri 00 r-I M 1A. i/} W 00 r-I O Ln r-I 00 '11' M lD N ri I, O m 00 m m -qt r, tD --t w N O N m �lqt tD N O N O tD Ln 0o O N lD Iq m Ln to l m -4 N 00 m m n n It m ri I� N r-I m� Rt tD Ln m m m tD O O 0 0) O -t Ln n N N 00 Rt 00 qt r- m r-I tD N tD I- M I- O) tD 00 � O\ LD M to r-I 0) O 00 (3) O M O ri m m O O 00 O Oit r- m m r-I w 00 N M M M r-I N I- r-I Ln tD lD r-I O r-I r-I r- Ln w r-I m 0) N Ln Ln -C: ri N N rl 0) Ln Rt M r-I ri a) (3j ri M ri 00 m O O O O m 0 I- Rt O oo m r-I m O O M 0 I*- 00 ri 194, m O O O m 0 0 0 Ln lD (14 m Ln m O m 0 Rt I- ri Ln I�1 Rt M Rt 0) M 00 O r-I tD W Ln -ct 0) O 0) to 00 00 N r-I N N r-I00 N r- N a n 00 m R* O tD Ln N N r-I r) 0 00 Ln � N N �n O Ln I, to t r- 0) Ln I- to i r) 0 00 r- ri 0) I- Ln Ln r- O M O a I� 00 Ln 00 '-tN Ln q* to to ri O Ln 0) * N n 4 to 00 Ln N Q co N r% Ln ri N r-I tD r% Ln � ri N ri Ln ri r-I Ln r-I r-I Ln i/j- t4I v�I 0) — N ho C Co C C C C N o 00 N Q C C C ;> LL C LL t U %� C cc co O co ao 00 f0 _ 2— G) L C _ •� Y L CO ~ O G1 Gl d N 3 N 0 � o C L E 4. co t— H mo °° L L �, ~ x a� co o .tw L }, (9 a = x ii Ln Q l0 v) LLI C7 a_ 2 2 i i Ln Q U' cn O rmi Page 109 of 233 O � _O r" Ct Ct U t 4-� 1 C�3 S" U to CA Ct V� . 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O >, cut) v, Ct �y' Ct C N O O CA O >. 4' c U (0 a E 0o O LL U w L * o �° 3° off° '0° T° o\° of %OR e O cL 1� 00 1, N n 00 iD --i 00 O t0 CL u1 m r i N r-i -qt m N r i w m Q Ln N 0) N O N M M r-I O M C LL M r-I m rl m N r-1 m N 00 N t0 O l0 N N O O o0 r-I It N -O V N M P, Lr 00 N O 6 O O 01 U r� M 1- W O 1% M It O N M W4-1 = M N O N M 1� r-1 t0 m r-I O r-1 f0 N 00 l0 r-I' r-I r I O O � co � N L a ih i/1• qj O M O1 m O l0 In 00 r-1 M t0 Z I� lC) N M 111 O I� l0 00 N 01 W 5 m N m r1 -it O 00 M m H 4 0) Il- 00 N N qT O In t0 0) U v In v M M N N -qt In aJ O o_ Ol O r� 11 N 00 N 0 11 H N MNHOWONMMMW h l0 O CO r% N O CO ri t0 l0 M G1 4� h tC1 H W H W O H O W W 01 vc N 0 r� H I- 00 -t m m m m 0) 11 00 C() 00 M N I- N t0 m O m x I� to ri N ri M aW 1 M r tr)- in 0 LL N ri N 14 W N N M M 00 00 M m LnIt 00 m O t O ri WN U ai Ol M N r-1 W r-1 W 00 a0 W N Z Ol 00 N M O Lr N P% r-I i U N t0 m 0 N O 0 00 N m CL aJ j O N N r-I l0 N n 4 0 m t0 O ai Lf P% lD r-I N M L a I= r-1 r-I In t4 N ri N l0 00 O r-1 N M m o U N tD 00 1n Ol I� 00 O O N r-I +, c N r-1 r- l0 l0 l0 N t0 m 00 O U N N 0) Iln M M M 1- O O m M 00 L m to o0 0o to m o0 0 1� to 1� 07 H l0 t0 M M M H t0 m H m m r4 01 �LL�' "0 I O ri m O 00 r-1 aJ m 00 u] m it It O 00 S-0 0) r- Wr-1N 00 it 0) L � N a m m N (D N O O LL 00 N `' `' v r�N L Q M a to a) 7 c c c 0 LL i Qj U N Z_ 3 to a o oc0 c v a)) "_4� O c = M 00 oc ° M - M O— toa) L4� E m N MO U' a m iLL N Q C9 N H Ln Page 110 of 233 The chart below illustrates the net fund balance that was budgeted, actuals through September 30, 2022, and the projected results as of a few weeks ago by Fund. It is important to note that the results for these three funds are expected to better than anticipated based on expense savings and revenues that were on the rise. 2022 FUND BALANCE PROJECTED RESULTS $4. S3.00 52.40 $2.00 S1. $0.60 S(2.00) $(3.00b General Fund Part Town ■Hud ek ■&Iual5 ptojocke'd 6 5(o.10M Highwa,V Page 111 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Q3 2022 Capital Budget Report Date: October 27, 2022 Attached please find a memo from Tracy Yogman regarding the Q3 2022 Capital Budget Report. There is no further action needed at this time. Page 112 of 233 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: October 28, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Q3 2022 Capital Budget Report TEL: (914) 381-7810 FAX: (914) 381-7809 Tyogman@townofmamaroneckNY.org General: A review of the status of capital projects is completed quarterly and reviewed with the Town Board. The attached report is a complete listing of all open capital projects. The listing has been divided by category of capital projects. Below are the project budget totals for each category and the percentage of the total for each. In total there are $58.3 million of open projects of which the Town has expended or committed $26.66 or 46% of the total value of the open projects. For each project we have listed the original project budget, expenditures and encumbrances to date and the unexpended balance. There is also a brief status provided for each project. Page 113 of 233 Water Sy Irnpra $2.2,198 38i� 2022 CAPITAL PROJECT BUDGET Information Other Frajects, Recreation TeChnology, -__ $960,835 FaCi hies a & Nay 196 19% Sewers, D96 Equipment, Tcwrt Building corm uraenage, $4,596,6 Improvs, $50,004 � �4,CJ31,114 � Attachment/s: Q3 Capital Project Status Report Page 114 of 233 N o CL d O. N O N O - N E O U T c ❑ v � O rn c 3 o N 0 E c R L E y C a d R {p o EO o V N 0 y y u E _ i w 0 y 3 '06 R R O „ E R ` tm E c O N 7 0. 0 0 y 0 7 Q 3 j L O � = .0 � R '; = O .0.� W N O C D R IC y O = y U O U C R N m tm O C. w 'O c .vi w y d L O y a o y i Q m d o° c a = m m w u a m m pE 0R 05 0 m yUR wOy E c 11.0 31L R O 0 T 0 m w y O. E C3a O E y y . E Oc U ww O RN V0 . E IM O -0 O O 0 E0 E 0 `0 .0N ANc 0 N L n 3 U - O O. O O. L N ca 0 O O.O.r O m 0. 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O N r N M w Lc)0 0 O N z w Lti 0 0 ai Q d H W o6 r d Cl) 00 O O tp 7 O O O O O O O O O O O O 0.O O O (O N W tIliO 7 O N r � O O O O 7 O O O n O O O T N O O RI O (O O O M N M IL W m M M w w V O w 00 N O n N w M O f0 O fD 0 O O] Q 0 W W N r M 70 W of 0T M m (O 1n N 7 N N O M w O N O M w M !g M N a7 W Q O v Ri N N w m 00 c1 C c a c C c a c C w C c m m m m m m a a m m m m a a m m "O m W q'j w .6 w -8 W 08 W 08 W � T y T N T N T N T N T N T fq T VI T In T N T N T N T N T N T N T �+ a N N N N N N m U) m m m m m y y m N y y Cl)m m `6 R 2 a a a a a a a a a a a a a a a a U u u u a a a m m m m m m m m m m m m m m m m _ 0 L L L L L L f U w 0 m z m m m m m LL C 7 (n ❑ ❑ ❑ ❑ !n to to to N w M in a) a) N w w N to en (n ❑ W LL (n R R ca ° E z c a W R ° w N T i d O E -ay R W N a o - m J .° y u m = o ❑ r m w U T > m R m a7 N p U H 0L m C7 ; = 'rn C E = N N LU n U T U a1 2 W c O 7 7 N ik a z a N C i M m LL W U N > 0 c N a i LL c O d .R.i N L a c8 � a R H C R H d c -1 a Um ❑ CE yy ol u ycyO O O aaR+ OO O JLL aR O RO m C MN R fO n d LE ° R E? R =- 0 0 za a 3 IL Ol m cN % 0D`N 0 ' OC Z J m m7 dA J m p ~ LLFV R m 0 a' Y L m UN NU y LNU NU LR z O -E N L a jd Ri O > Na f W a.> La a > O a m 2 m LL ia 0: T O: R a T a T p N 3 IL T 0: p N 3 a. � m 3 d 3 d W J LU O L) w z d N 7 la N N N N N N N N N N N N N N N N N N N J U Q W K N N N i0 i0 {O V1 tD �D �O �O �O 1� r r r A ap V ap N � A � dO 2 M eANal I v d ?33 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Q3 2022 Operating Budget Amendments Date: October 27, 2022 Attached please find a memo from Tracy Yogman regarding Q3 2022 Operating Budget Amendments. We are requesting the following action by the Board: Action Requested: Resolved that the Town Board hereby authorizes the Town Comptroller to make the necessary budget amendments, as presented. Page 121 of 233 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: October 25, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Q3 2022 Operating Budget Amendments General: Pursuant to a review of the operating budget lines for the third quarter, the following 2022 budget amendments are recommended for approval in compliance with the Budget Policy: I. General Fund Budget Amendments: There are various budget overages that require transfers for which a budget amendment is recommended, the most significant transfers are as follows: • Parking violation collections fees are a percentage of the revenue collected. Fines and Fees revenue have exceeded budget and as a result an increase to the revenue and expense will offset each other. • Liability Insurance has increased approximately 24% upon renewal. • A judgement from prior years was paid and requires funding. • Penalties on property taxes have exceeded revenue and can support these expenses. 2. Storm Ida Expenses: Operating expenses used for repairs for vehicles will be reimbursed by FEMA. A budget amendment to increase FEMA revenue and operating expenses is recommended below. 3.Part Town Fund Budget Amendments There are various budget overages that require transfers for which a budget amendment is recommended as follows: • Police Overtime has exceeded the budget through October 2022 and is anticipated to exceed it for the year by approximately $230k. Overtime is used to staff gaps for vacations, holidays and sick days. • Police Special Duty Overtime will exceed budget by $50k but is offset by reimbursements received from outside entities. This expense is a result of road work by the various utility organizations. • Expense savings and revenues that can support these expenses include building permits and appropriated fund balance. Page 122 of 233 4. Fire Budget Amendments Overtime in the Fire Department has exceeded budget and can be funded through savings in other budget lines as provided in the budget amendment below. 5. Ambulance Budget Amendments Part time EMT wages have and will exceed the budget through year end as it has becomes necessary to increase the use of paid staff. An increase in revenue for the reimbursement from the insurance company and the related transfer of funds to MEMS. A new ambulance will be purchased and these funds will be used towards that purchase rather than repair the ambulance. Attachment/s: 2022 OPERATING BUDGET AMENDMENTS CHART -November 2 2022 Page 123 of 233 2022 OPERATING BUDGET AMENDMENTS GENERAL TOWN WIDE FUND (FUND A): Amount 1 Revenue A.0000.2610 Fines & Forfeitures Increase $ 9,000.00 Expense A.1110.4138 Parking Violation Collection Fees Increase 9,000.00 Expense A.1410.4009 Office Supplies Increase 510.00 Expense A.1410.4019 Seminar/Confrences Increase 153.00 Expense A.1410.4021 Dues/Publications Increase 2,500.00 Expense A.1410.4030 Printing/Stationary Increase 29.00 Expense A.1900.1931 Judgements & Claims Increase 41,315.00 Expense A.1900.4059 Liability Insurance Increase 21,760.00 Revenue A.0000.1090 Penalties on Property Taxes Increase 66,267.00 2 Expense A.8760.4010.8760.92 Operating Supplies -Storm Ida Increase 13,504.00 Expense A.0000.4988.8760.92 FEMA Increase 13,504.00 3 Expense B.1670.4026 Paper Increase 2,220.00 Expense B.1670.4029 Vehicle repairs Increase 6,000.00 Expense B.1670.4064 Vehicle Fuel Increase 12,000.00 Expense B.3120.1015 Police- Overtime Increase 230,000.00 Expense B.3120.1029 Police- Special Duty Overtime Increase 50,000.00 Expense B.3510.4204 Humane Society Increase 406.00 Expense B.3120.1010 Salaries Decrease (85,000.00) Expense B.1900.4050 Contingency Decrease (34,840.00) Expense B.1900.4059 Insurance Increase 34,840.00 Expense B.9000.9060 Health Insurance Decrease (75,000.00) Revenue B.0000.2555 Building Permits Increase 48,000.00 Revenue B.0000.5995 Appropriated Fund Balance Increase 92,626.00 4 Expense SF.3410.1015 Fire -Overtime Increase 35,000.00 Expense SF.3410.4029 Vehicle repairs Decrease (15,000.00) Expense SF.3410.4052 Tax Certioraris Decrease (15,000.00) Expense SF.9000.9060 Health Insurance Decrease (5,000.00) 5 Expense SM.4189.1027 Salaries- EMT PT Increase 45,000.00 Expense SM.4189.2107 Auto Equipment Increase 9,483.00 Expense SM.4189.4340 Temporary Services -EMT Decrease (15,000.00) Expense SM.4189.4341 Temporary Services -Paramedics Decrease (10,000.00) Revenue SM.0000.5995 Appropriated Fund Balance Increase 20,000.00 Revenue SM.0000.2680 Insurance Recoveries Increase 9,483.00 Page 124 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Q3 2022 Capital Budget Amendments Date: October 27, 2022 Attached please find a memo from Tracy Yogman regarding Q3 2022 Capital Budget Amendments. We are requesting the following action by the Board: Action Requested: Resolved that the Town Board hereby authorizes the Town Comptroller to make necessary budget amendments, as presented. Page 125 of 233 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: October 25, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Q3 2022 Capital Budget Amendments General: TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org The following 2022 capital budget amendments are recommended per the quarterly review of all capital projects as follows: LPurchase Water Storage Tank #1 (Project 1375-12) Additional funding for bond issuance costs is needed for this project. A budget amendment to use fund balance from the Water District for this project is recommended below. 2.Purchase Water Storage Tank #2 (Project 1382-12) Additional funding for bond issuance costs is needed for this project. A budget amendment to use fund balance from the Water District for this project is recommended below. 3.Brevoort Lane Water Main Replacement (Project 1384-12) This water main replacement was completed on an emergency basis. The actual costs came in higher than originally estimated. A budget amendment is recommended below to transfer funds from the Water District Fund for this project. 4.Purchase Booster Station PRV Modifications & Upgrade Phase 2 (Project 1387-12) Additional funding is needed to complete this project. A budget amendment to use fund balance from the Water District for this project is recommended below. 5.Ice Rink Locker Rooms (Project 2019-24) Page 126 of 233 The locker room renovation at the ice rink has been completed. A budget amendment to return remaining funds to the General Fund is recommended below. 6.Comprehensive Plan (Project 2019-66) The budget includes available bonding of $68,000 for this project that has not been bonded and is not needed at this time. If and when the project requires additional funding, a budget amendment will be submitted. The authorized balance on the bond will be rescinded if not needed at the end of the project. 7.Vehicles (Project 2020.72) The purchase price of each of the two Hybrid Escapes were budgeted at $30k and the current price is $36k.A budget amendment to transfer funds from the General Fund is recommended below. 8.Gardens Lake Debris (Project 8760.92) As a result of Storm Ida, debris accumulated in the Gardens Lake forebay. The costs of the removal of this debris was higher than budgeted. These costs will be submitted for FEMA reimbursement. We anticipate that FEMA will fund the total cost of this project. A budget amendment below for the added costs and the corresponding FEMA reimbursement. 9.Remediation of Westchester Joint Water Works Garage (Project 1393-12) This new project involves the removal of asbestos material and lead paint from the WJWW garage as well as repair of the damaged walls and installation of safety railings. A budget amendment is recommended below to appropriate fund balance for this project. 10. Food Scrap Vehicle (Project 2022-09) The Town was awarded a Municipal Food Scraps Recycling Initiatives Grant administered under NYS Dept of Environmental Conservation for the purchase of a truck that for picking up and recycling food scraps. The truck will be utilized by the Garbage Commission serving the unincorporated Town and the Village of Larchmont. A budget amendment is recommended below for the grant revenue and the purchase price. 11. Ice Rink Sewer Lien Replacement (Project 2012-24) The sewer line in the ice rink lobby failed with considerable sewage backup and requires a repair. The sewer line will be replaced and requires trench excavation of the concrete floor. This project is classified as a capital project since it is an improvement that will have a useful life of 20+ years. A budget amendment is recommended below to fund this project from appropriated fund balance in the General Fund. Attachment/s: 2022 CAPITAL BUDGET AMENDMENTS CHART -November 2 2022 Page 127 of 233 2022 CAPITAL BUDGET AMENDMENTS Item # CAPITAL FUND (FUND H): Amount 1 Revenue Transfer from Water District H.0000.5039.1375.12 Increase $3,541.33 Expense Bond Expense -Purchase Water Storage Tank#1 H.8340.4022.1375.12 Increase 3,541.33 2 Revenue Transfer from Water District H.0000.5039.1382.12 Increase 3,541.33 Expense Bond Expense -Purchase Water Storage Tank 92 H.8340.4022.1382.12 Increase 3,541.33 3 Revenue Transfer from Water District H.0000.5039.1384.12 Increase 17,556.08 Expense Brevoort Lane Water Main Expenses H.8340.0400.1384.12 Increase 17,556.08 4 Revenue Transfer from Water District H.0000.5039.1387.12 Increase 1,701.43 Expense Purchase Booster Mods H.8340.0400.1387.12 Increase 1,701.43 5 Expense Transfer to General Fund H.9900.9901.2019.24 Increase 2,429.98 Expense Ice Rink Locker Rooms H.7265.0400.2019.24 Decrease (2,429.98) 6 Revenue Serial Bonds H.0000.5710.2019.66 Decrease (68,000.00) Expense Comprehensive Plan H.8020.0400.2019.66 Decrease (68,000.00) 7 Expense Info Technology Vehicles H.1680.0400.2020.72 Increase 2,992.00 Expense Senior Services Vehicle H.6772.0400.2020.72 Increase 2,992,00 Revenue Transfer from General Fund H.0000.5031.2020.72 Increase 2,992,00 Revenue Tran s ter from General Fun d H.0000.5031.2020.72 Increase 2,992.00 8 Expense Gardens Lake Debris H.8510.0400.8760.92 Increase 11,100.00 Revenue FEMA DB.0000.4988.8760.92 Increase (11,100.00) 9 Revenue Transfer from Water District H.0000.5039.1393.12 Increase 24,259.00 Expense WJWW Garage Repairs H.8340.0400.1393.12 Increase 24,259.00 Water District (FUND SW) 1 Revenue Appropriated Fund Balance SW.0000.5995 Increase 3,541.33 Expense Transfer to Capital SW.9900.9950 Increase 3,541.33 2 Revenue Appropriated Fund Balance SW.0000.5995 Increase 3,541.33 Expense Transfer to Capital SW.9900.9950 Increase 3,541.33 3 Revenue Appropriated Fund Balance SW.0000.5995 Increase 17,556.08 Expense Transfer to Capital SW.9900.9950 Increase 17,556.08 4 Revenue Appropriated Fund Balance SW.0000.5995 Increase 1,701.43 Expense Transfer to Capital SW.9900.9950 Increase 1,701.43 9 Revenue Appropriated Fund Balance SW.0000.5995 Increase 24,259.00 Expense Transfer to Capital SW.9900.9950 Increase 24,259.00 General Fund (FUND A) 5 Expense Transfer from Capital A.0000.5040 Increase 2,429.98 Revenue Appropriated Fund Balance A.0000.5995 Decrease -2,429.98 7 Expense Transfer to Capital A.9900.9950 Increase 5,984.00 Revenue Taxes on Town Owned Property A.1900.1950 Decrease -5,984.00 Page 128 of 233 2022 CAPITAL BUDGET AMENDMENTS Item # CAPITAL FUND (FUND H): Amount 10 Revenue NYS DEC Grant Funds H.0000.3910.2022.09 Increase $64,000.00 Expense Food Scrap Vehicle H.8160.0400.2022.09 Increase 80,000.00 Revenue Othe Local Govt- GC H.0000.2797.2022.09 Increase 16,000.00 11 Revenue Transfer from General Fund H.0000.5031.2012.24 Increase 55,000.00 Expense Ice Rink Improvements -Plumbing Repairs H.7265.0400.2012.24 Increase 55,000.00 General Fund (FUND SR) 10 Expense Transfer from Capital SR.0000.5040 Increase 16,000.00 Revenue Appropriated Fund Balance SR.0000.5995 Decrease 16,000.00 H Expense Transfer from Capital SR.0000.5040 Increase 55,000.00 Revenue Appropriated Fund Balance SR0000.5995 Decrease 55,000.00 Page 129 of 233 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, November 2, 2022, at 8:00 PM or as soon thereafter as is possible, to consider the "Contraction of the Mailing Area for Notification in Land Use Applications" Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: In 2013, the Town Board passed Local Law No. 7 of 2013. That law divided the range for notification of land use applications into two components: a 300-foot range for properties in zoning districts other than the R-15, the R-20, the R-30 and the R-50 districts and a 1,500-foot range in the R-15, the R-20, the R-30 and the R-50 districts. This latter range has resulted in applicants, at times, having to mail notices to 300 or more properties. This number of notices is excessive. This law makes 330 feet the range of notification for all land use applications. 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: October 27, 2022 Page 130 of 233 • 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: Local Law Entitled "Contraction of the Mailing Area for Notification in Land Use Applications Law" Date: October 26, 2022 Attached is all of the information previously provided regarding the local law entitled "Contraction of the Mailing Area for Notification in Land Use Applications Law". Should the Town Board wish to adopt such law, the following action is requested: Action Requested: Resolved that the Town Board hereby adopts the local law entitled "Contraction of the Mailing Area for Notification in Land Use Applications Law". Page 131 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Richard Polcari, Building Inspector Re: Set Public Hearing - Contraction of the Mailing area for Notification in Land Use Applications Law Date: October 13, 2022 Enclosed please find memos from Richard Polcari and Bill Maker regarding the "Contraction of the Mailing Area for Notification in Land Use Applications Law", memos from both the Planning Board and Zoning Board with comments regarding the draft local law, and the draft local law. We are requesting the following action by the Town Board: Action Requested: Resolved that the Town Board hereby sets a public hearing for "Contraction of the Mailing Area for Notification in Land Use Applications Law" for the November 2, 2022 Town Board meeting. Attachment/s: Rich Polcari and Bill Maker's Memos - Contraction of the Mailing Area for Notification in Land Use Applications (1) Planning Board Comments on Contraction of the Mailing Area for Notification in Land Use Applications Zoning Board Comments on Contraction of the Mailing Area for Notification in Land Use Applications Contraction of the Mailing Area for Notification in Land Use Applications Page 132 of 233 Town of Mamaroneck Building Department, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rpolcari@townofmamaroneckNY.org Date: September 9, 2022 To: Town Board and Supervisor From: Richard Polcari, Building Inspector CC: Meredith S. Robson, Town Administrator CC: William Maker Jr., Town Attorney Subject: Contraction of the Mailing Area for Notification in Land Use Applications General: At the Zoning Board meeting on May 25, 2022, the board discussed the mailing area that is required by the Code of the Town of Mamaroneck for R-15, R-20, R-30 or R-50 Zoning Districts. The current requirement is 1500 liner feet from the subject property. This can cause some properties in town to have to mail notices to 300 or more properties. There are no towns or villages in the area that have a requirement of more then a 500 foot radius. -Village of Mamaroneck — 400' -Village of Larchmont — 500' for a use variance 250' for an area variance -City of Rye — 300' -Village of Rye Brook — 250' -Village of Scarsdale — 200' The current mailing area for any other district in the town is 300'. The Zoning Board would like to see the 1500' requirement reduced to 300'. Page 133 of 233 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ATTORNEY To: From: CC: Re: Date: Action Requested: TEL: (914) 381-7815 FAX: (914) 381-7809 wmakerjr@townofmamaroneckNY.org Supervisor and Town Board William Maker Jr., Town Attorney Meredith S. Robson, Town Administrator Richard Polcari, Building Inspector Contraction of the Mailing Area for Notification in Land Use Applications September 9, 2022 I attach a proposed local law that if adopted, will make the range for mailing notice of land use applications a uniform 300 feet. This proposal was triggered by a discussion at a Board of Appeals meeting when that Board realized that under certain circumstances, the current range for mailing notice of 1,500 feet in the R-15, the R-20, the R-30 and the R-50 districts can result in over 300 mailings. The Building Inspector researched the notification distances in nearby communities and prepared the attached memorandum of his findings. His research revealed that the range for mailings varied from 200 feet to 500 feet for use variances in Larchmont. He and the Board of Appeals would like to see the notification by mail range become a uniform 300 feet. That is the distance for notification by mail in all the other zoning districts. Although not required, since the Board of Appeals and the Building Inspector have expressed an opinion on this topic, may I suggest that if this Board is inclined to modify the mailing requirement, it forward the proposed local law to the Planning Board with a request that it opine. Page 134 of 233 October 13, 2022 To: Supervisor Jaine Elkind Eney and Members of the Mamaroneck Town Board This to advise you that, at last evening's meeting of the Town of Mamaroneck Planning Board, the members of the Planning Board discussed the proposed new Town law repealing and replacing Section 144-2 of the Code of the Town of Mamaroneck and reducing the radius to which notification of all land use applications are to be mailed to 300 linear feet from each of the lot lines and corners of the subject property, and that the members of the Planning Board unanimously determined that they have no objection to the adoption of that law. We appreciate that you consulted us as to this proposed change. Sincerely yours, Ra' ph M. Engel Chair, Town of Mamaroneck Planning Board cc. Lisa Hoffman, Counsel to the Planning Board Page 135 of 233 Arthur Ja'\ Wexler/Architect 5 North Avenue•Larchmont, NY 10538•tel 914-834-8828 October 12, 2022 Town Supervisor Janie Elkin Enery and members of the Town Board 740 West Boston Post Road Mamaroneck, NY Re: Proposed change to the Notification Law I Arthur Wexler, as a member of the Zoning Board of Appeals and as a practicing Architect in our community am in favor of reducing the radius for notification in the R15, R20 and the R30 zones from the present 1,500 ft radius to 300' radius. A majority of the ZBA and myself believe that the 300' radius from the corners of the property is sufficient to notify the neighbors of any pending cases at the Planning Board or the Zoning Board. Keep in mind that the notification law also requires the applicant to also has to post a sign on their property notifying the community that something is proposed on the site. Thank you, Arthur Wexle /Architect Page 136 of 233 Local Law No. - 2022 This local law shall be known as the "Contraction of the Mailing Area for Notification in Land Use Applications" Law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1- Purpose: In 2013, the Town Board passed Local Law No. 7 of 2013. That law divided the range for notification of land use applications into two components: a 300-foot range for properties in zoning districts other than the R-15, the R-20, the R-30 and the R-50 districts and a 1,500-foot range in the R-15, the R-20, the R-30 and the R-50 districts. This latter range has resulted in applicants, at times, having to mail notices to 300 or more properties. This number of notices is excessive. This law snakes 330 feet the range of notification for all land use applications. Section 2 - Amendment of a current section of the Mamaroneck Code: Section 144-2 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: MAILING AREA 300 linear feet from each of the lot lines and corners of the subject property. Section 3 - Severabilitv: 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. September 9, 2022 Page 137 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Fire Claims Date: October 26, 2022 Attached please find the Fire Claims that Tracy Yogman, Comptroller prepared. We are requesting the following action by the Board: Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 138 of 233 Town of Mamaroneck Fire Department, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: October 26, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire Claims General: Attached is the list of Fire Claims for approval. Attachment/s: Fire Claims November 2 2022 TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Page 139 of 233 Town of Mamaroneck From: Tracy Yogman - Town Comptroller Re: Fire Claims Date: November 2, 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 Amount Amazon 100ft wire & rope for flagpole, 10 pk cat 6 ke set, coupler, batteries $ 100.61 Con Edison Fire HQ service 8/29-9/29/22 247.16 Defender Industries Inflatable Boat & accessories 10,208.99 Dimuro Awards LLC 2 plaques & engraving 267.89 Fire-Dex GW LLC Cleaning & inspection, repair Velcro uniforms 461.50 Firefighters Assoc of NY 2023 renewal 25.00 Grainger Duct toe 35.10 Interstate Diagnostics Inc Complete physical exams & vaccines 9,185.00 Municipal Emergency Services Firefighting e ui ment-H drafusion struts 8 870.00 Optimum Cable services for 10/23-11/22/22 240.75 Staples Contract & Commercial 8.5 x 11 copy paper 129.03 Starr Uniform 4 dress uniforms for Cerasoli Wa man Kra'czar, Webers 1,799.60 TOM PFFA Life Insurance for 14 Career Staff - April -Sept 2022 1 430.52 Verizon Fire HQ service 10/10-11/9/22 274.30 Villa Maria Pizza Air bag & Tools Drill 8/14, Dept. Drill 10/18, Pump Ops Drill 10/20/22 - meals 427.67 Total $ 33,703.12 Page 140 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Humane Society of Westchester Agreement Date: October 26, 2022 Attached please find an agreement between the Town of Mamaroneck, Village of Larchmont, and the Humane Society of Westchester for dog shelter services. We are requesting the following action by the Board: Action Requested: Resolved that the Town Board hereby approves the agreement with the Humane Society of Westchester for dog shelter services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Humane SocietyAgreement Page 141 of 233 HUMANE SOCIETY OF WESTCHESTER DOG SHELTER SERVICES AGREEMENT This Agreement ("Agreement") is entered into this day of , 2022, between the Humane Society of Westchester, a domestic non-profit corporation with a principal place of business at 70 Portman Road in the City of New Rochelle, County of Westchester in the State of New York (the "Society"), the Town of Mamaroneck a municipal corporation in the County of Westchester in the State of New York (the "Town") and the Village of Larchmont, a municipal corporation in the County of Westchester in the State of New York (the Village). WHEREAS, the State of New York set forth certain laws related to the control of dogs in Article 7 of the New York Code, Agriculture and Markets Law, including any rules and regulations promulgated pursuant thereto as well as any revisions and amendments made thereto from time to time (the "Law"); and WHEREAS, the Town and Village desires to obtain the services and to use the facilities of the Society for shelter services as provided in Section 114 of the Law in relation to seized, stray, sick, injured or unwanted dogs as well as dogs ordered confined; and WHEREAS, the Society desires to provide such services to the Town and Village in accordance with the terms and conditions set forth in this Agreement; NOW, THEREFORE, the parties agree as follows: I. SERVICES 1.1 The Society will provide and maintain a shelter for dogs seized under Section 117 of the Law by the Town and Village or by the Society pursuant to the terms of this agreement. The Society will comply, at all times, with the provisions of the Law in relation to the holding, care, adoption, redemption, or humane euthanizing of such seized dogs, and will operate such shelter in accordance with the Dog Control Officer and Shelter Manual issued by the New York State Department of Agriculture and Markets, as revised and amended from time to time. 1.2 The Society agrees its shelter will be open to receive seized dogs from the Town and Village or by the Society pursuant to the terms of this Agreement on Monday through Sunday, legal holidays exempted, from 9:00 AM to 5:00 PM. The Society may adjust such hours upon thirty (30) days written notice to the Municipality provided such adjusted hours provide for substantially equivalent access to the shelter. HSW 11/1/22 Contract Renewal with Mamaroneck/Larchmont Page 142 of 233 1.3 The Society may also, at its sole discretion, accept owned dogs from residents within the Town and Village and agrees its shelter will be open to the public on Monday through Sunday, legal holidays exempted, from 10:00 AM to 4:00 PM, to accept such dogs. The Society may adjust such hours upon thirty (30) days written notice to the Municipality provided such adjusted hours provide for substantially equivalent access to the shelter. 1.4 The Society further agrees to provide the following related services: (i) the Society will, upon the request of the Town and Village, pick-up stray dogs from the scene such dogs are located between the hours of 9:00 AM and 5:00 PM Monday through Sunday, legal holidays exempted; (ii) the Society will be available by page or cell phone twenty-four (24) hours a day, including holidays, for the receipt of seized dogs at its shelter or for the pick-up of stray dogs from the scene located; (iii) the Society will hold seized unidentified dogs for at least five (5) days, and seized identified dogs for at least nine (9) days, before putting them up for adoption or euthanizing them, except in those cases where the dogs are so badly injured or so ill that such delay in euthanasia would be inhumane in the opinion of the Society's shelter manager/veterinarian; (iv) the Society will, hold dogs ordered to be held, pending resolution of a "dangerous dog" proceeding in any court, and in such instances, the Society agrees to bill the cost, not to exceed $30.00 per day, to the animal's owner and the Town and Village shall not be held responsible for this expense; (v) the Society will maintain and timely file a complete record of any intake or seizures from the Town and Village and the subsequent disposition of any seized dog in the manner proscribed by the Commissioner of Agriculture and Markets, as well as any other records as required by the Law; and, (vi) the society will provide the Town and Village with quarterly incidence reports itemizing any calls or notifications from the Town and Village or residents of the Town and Village requiring a response from the Society. 1.5 The Society will use its best efforts to respond to any pick-up request from the Town and Village in a timely manner. Upon request by the officers and/or agents of the Society, the Town and Village agrees to provide police protection, at no charge, to such officers and/or agents during the performance of pick-up services requested by the Municipality. 1.6 The Society will charge $30 per day to any dog owner reclaiming astray dog held at the shelter for each day the dog is at the shelter. The Town will be entitled to 50% of such fees for any dog whose owner lives within the unincorporated area of the Town. The Village will be HSW 11/1/22 Contract Renewal with Mamaroneck/Larchmont Page 143 of 233 entitled to 50% of such fees for any dog whose owner lives within the incorporated area of the Village. The Town and Village will be entitled to 50% of such fees for any dog whose owner lives neither within the unincorporated area of the Town nor the unincorporated area of the Village and will share the portion of such fees equally. The Society shall be entitled to retain all of the fees to which neither municipality is entitled. The Society will provide a monthly accounting and remit to the Town or Village their portions of the fees. 1.7 The Society is granted authority by the Town and Village to collect impoundment fees as determined by the Town and Village. On a monthly basis the Society will submit to the Town and Village an accounting of impoundment fees received for each community and remit such fees to the Town and the Village based on the resident address of the dog owner. 1.8 No shelter or other services shall be provided for any animals other than dogs, whether such animals are domesticated or non -domesticated, except at the sole discretion of the Society. II. TERM The term of this Agreement shall be in effective from November 1, 2022 through October 31, 2027. Any of the parties to this agreement may terminate such agreement upon thirty (30) days written notice. III. PAYMENT 3.1 In consideration of the performance by the Society of the Services set forth herein, the Town and Village shall pay the Society a fee for the Contract Year (the "Annual Fee"). Such Annual Fee shall be payable to the Society in four (4) equal quarterly installments, each installment due on the 1st day of each quarter of the Contract Year. The initial Annual Fee for the contract year beginning November 1, 2022 shall be $20,457. The Town's share shall be $12,280 and the Village's share shall be $8,177. The Town and Village will each pay their proportionate share due and payable in quarterly installments of $3,070 for the Town and $2,044 for the Village commencing on the 111 day of November 2022. 3.2 The Annual Fee for each successive Contract Year from November 1, 2023 forward shall equal the Annual Fee of the previous Contract Year increased by a percentage equal to the increase in the All -Urban Consumer Price Index for the "New York -Northern New Jersey -Long Island (NY -NJ -CT -PA)" area for the twelve (12) months ending August 3111 of the current calendar year. HSW 11/1/22 Contract Renewal with Mamaroneck/Larchmont Page 144 of 233 IV. MISCELLANOUS 4.1 Notices. All notices shall be in writing and, at the option of the sender, be either (i) served personally upon the other party; (2) be mailed certified mail, postage prepaid, to the party to whom such notice is directed at its offices as reflected herein or as otherwise correctly known by the sender; (3) transmitted by facsimile, or (4) delivered by a reputable overnight courier with confirmed delivery. Notice shall be deemed effective three (3) business days after posting by certified mail, one (1) business day after transmission of the facsimile, or upon delivery in the case of personal service or overnight courier. 4.2 No Representations. Neither party makes any representation, warranty or guaranty, express or implied with respect to the subject matter of this Agreement except as may be specifically provided herein. 4.3 Indemnification. The Society shall indemnify, defend and hold harmless the Town and the Village for any acts and omissions arising out of the Society providing municipal shelter services and protect the Town and Village from any claims, actions, suits, judgments, expenses, attorney fees, defense costs or expenses arising from the provision of municipal shelter services. 4.4 Insurance. The Society shall maintain general liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, for the full term of this agreement. The Society shall provide to the Town and Village certificates of insurance evidencing same and naming the Town and Village as additional insured. 4.5 Assignment. This Agreement may not be assigned without the prior written consent of the other party and any purported assignments made without consent shall be void. 4.6 Full Agreement. This Agreement represents the full and complete agreement of the parties and supersedes any and all other agreements among them. No waiver, amendment, or modification of this Agreement shall be valid unless in writing and duly executed by the parties. 4.7 Independent Contractor. The Society is an independent contractor, and neither the Society nor its staff shall be deemed to be employed by the Town or Village. IN WITNESS WHEREOF, the parties hereto have caused their corporate seals to be hereunto affixed, and this Agreement to be signed by their duly authorized officers on the day and year written. 4 HSW 11/1/22 Contract Renewal with Mamaroneck/Larchmont Page 145 of 233 HUMANE SOCIETY OF WESTCHESTER TOWN OF MAMARONECK By: By: John N. Feldtmose Meredith Robson President Town Administrator Date: 1IF/14W_T1 *972w_l *41:1►TA us] ►I I By: Justin Datino Village Administrator Date: Date: HSW 11/1/22 Contract Renewal with Mamaroneck/Larchmont Page 146 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Fields for Kids! Inc. Agreement Date: October 28, 2022 Attached please find an agreement between the Town of Mamaroneck and Fields for Kids! Inc. for payment of invoices from Woodard and Curran Engineering and Geological Services for professional services related to Hommocks Fields. This agreement requires Fields for Kids! Inc. to pay for Woodard and Curran services that are the subject of the other agenda item. Action Requested: Resolved that the Town Board hereby approves the agreement with Fields for Kids! Inc. for payment of invoices from Woodard and Curran Engineering and Geological Services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: 2022-10-28-agrmnt w FFK (002) 2039 Hammocks Park 10.14.22 Page 147 of 233 AGREEMENT REGARDING THE HOMMOCKS FIELDS An Agreement between the Town of Mamaroneck, a municipal corporation existing under the laws of the State of New York with offices at 740 West Boston Post Road, Mamaroneck, New York 10543 (Town) and Fields for Kids!, Inc., a corporation organized under the laws of the State of New York with offices c/o Robert P. Fisher, Jr., 31 Taunton Road, Scarsdale, NY 10583 (FFK). Intending to be bound, the parties agree to the following: 1. The Town will engage Woodard & Curran Engineering and Geological Services P.A. P.C. (Woodard) to perform the services outlined in its proposal to the Town dated September 12, 2022 (Services). 2. Within ten (10) business days after the Town and Woodard enter into a contract for Woodard to perform the Services, FFK will pay to the Town the amount equal to the fee that Woodard will charge for the Services. FFK acknowledges that the contract between the Town and Woodard specifically provides that the Town will not pay Woodard for the Services unless and until it receives the amount necessary to make such payment from FFK. FFK will indemnify the Town for any claim that Woodard may make for payment of amounts owed to it that are in excess of the amount deposited by FFK with the Town. 3. FFK will pay Geologic Land Surveying, PLLC (Geologic) for the surveying work described in its attached invoice dated October 14, 2022 and will indemnify the Town for any claim that Geologic may make for payment of amounts owed to it. Notwithstanding the fact hat FFK will pay Geologic' s invoice, the survey will be certified to the Town. Page 148 of 233 4. FFK acknowledges that the Town's commitment to engage Woodard to perform the Services should not and cannot be construed as a commitment by the Town to perform any additional work at Hommocks Fields even if Woodard concludes that it is feasible to make improvements to the Hommocks Fields. Town of Mamaroneck an Meredith S. Robson, Town Administrator Date Fields for Kids!, Inc. Heather Mahland, President Date 2 Page 149 of 233 Geologic Land Surveying, PLLC Estimate 3 Pine Crest Lane New Fairfield, CT 06812 (914)864-1250 geologicls@gmail.com www.geologicls.com ADDRESS Steven Lauria, PE Regional Manager I Principal Woodard & Curran ESTIMATE # DATE 2039 10/14/2022 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. DATE I ACTIVITY Project Hammocks Park Mamaroneck, NY Approximately 7 acres (eastern section) Topograplc Site Survey Topographic Site Survey of property depicting the elevations contained within the site. Includes contours, spot elevations, and benchmarks. Includes partial boundary survey showing all impervious surfaces with metes & bounds, adjoiners, easements and areas. Specifications: Ground Topography 40 Scale mapping Horizontal Datum: NAD83 NYSPC-E Vertical Datum: NAVD88 1 foot contours Spot elevations to the nearest tenth of a foot 2 Benchmarks set to the hundredth of a foot Surface utilities and evidence of subsurface utilities 811 mark -out & location of utilities Trees 8" diameter and greater (except in marsh area) Underground utility mark -out Subcontracted to underground utility mark out company (optional) Deliverables Includes PDF/CAD delivery via email and 6 Signed and sealed hard copies delivered via regular mail. Additional signed and sealed hard copies can be purchased for $10.00ea Estimated completion 5-6 weeks from accepted/signed proposal Terms & Conditions Scope of Services: Geologic Land Surveying, PLLC does not warranty or imply that the suggested scope of services outlined within the Proposal is a complete list of services required to meet the goals and expectations of the Client. It is an understanding of the minimum services identified the time the Proposal was written, utilizing the limited research necessary to provide a Proposal for the project. It is possible that during the course of consulting work, additional services may be required to achieve the goals of the Client. GEO GIC QTY J RATE 000 1 14,000.00 1 1,600.00 1 0.00 1 0.00 1 0.00 AMOUNT 0.00 4,000.00 1,600.00 0.00 0.00 0.00 Existing Conditions: Page 150 of 233 DATE I ACTIVITY The Proposal is based on regulations, policies and requirements that are in effect at the time the Proposal was prepared. Changes that occur after the Proposal date may require renegotiation of the fees or additional scope requirements. This firm does not warranty or suggest its advanced knowledge of changes in regulations affecting development. Effective date of Proposal: The fees as quoted within the Proposal shall remain in effect for a period of sixty (60) days. Should the client authorize work after sixty (60) days of the date of the Proposal, the Consultant has the right to renegotiate the fees. Work perfonned on an hourly or per diem basis will be billed in accordance with the hourly Fee Schedule in effect at the time work is completed. Payment: Invoices remaining unpaid for more than thirty (30) days may be subject to a service charge of 1-1/2% per month (18% per annum). If invoices should become in arrears of forty five (45) days or more, the firm may suspend work on the project. If outstanding invoices become ninety (90) days in arrears or greater, the Consultant may seek legal remedy to collect these fees and may place liens on the subject property. The Client agrees to pay all costs of collection born by the Consultant. Client agrees to pay all outstanding invoices prior to delivery of final product. Notice to Stop Work: Either party has the right to terminate the Contract five (5) days after receipt of written notice. In such a termination, the Consultant will be paid for all services rendered to the date the Contract was terminated, including any wind down or cleanup work required within the five-day period after termination. Authorization of Contract: The signatory (Client) represents by their signatures to this document, that they have the requisite authority to bind their principal to the covenants and promises herein. The signatory may not assign this agreement without the expressed written consent of Geologic Land Surveying, PLLC. An authorized signature is required before scheduled services. Estimate notes 1.) No Map or Survey shall be released without payment. 2.) No work will commence without a signed proposal. Please return signed proposal via email or regular mail. 4.) Separate items will be billed upon completion of services. 5.) Line item costs are calculated in correlation to other item #'s being completed which may not be the cost if itemized. 6.) Geologic Land Surveying accepts cash, check or batik deposit for fulfillment of invoice. Accepted By TOTAL. $59600.00 Accepted Date Page 151 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Agreement with Woodard and Curran for Hommocks Fields Engineering Services Date: October 28, 2022 Attached please find an agreement between the Town of Mamaroneck and Woodard and Curran Engineering and Geological Services for Hommocks Fields engineering services. These services will be paid by Fields for Kids! Inc. but the Town is the "client" for the work. Action Requested: Resolved that the Town Board hereby approves the agreement with Woodard and Curran Engineering and Geological Services for Hommocks Fields engineering services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: 2022-10-28-W and C Hommocks Fields Page 152 of 233 AGREEMENT REGARDING THE HOMMOCKS FIELDS An Agreement between the Town of Mamaroneck, a municipal corporation existing under the laws of the State of New York with offices at 740 West Boston Post Road, Mamaroneck, New York 10543 (Town) and Woodard & Curran Engineering and Geological Services P.A. P.C., a corporation organized under the laws of the State of New York with offices at 800 Westchester Avenue, Suite N507, Rye Brook, NY 10573 (Woodard). Recitals Whereas, Woodard has submitted to the Town a proposal dated September 12, 2022 to conduct a study regarding the feasibility of making certain improvements to the Towri s Hommocks Fields, and Whereas, the funds to pay for Woodard's services are being donated to the Town by Fields for Kids!, Inc. Now, therefore, intending to be bound, the parties agree as follows: First: Woodard shall perform the services outlined in its proposal within eight weeks after this agreement is fully executed. Second: Provided the Town has received the funds from Fields for Kids and is satisfied that Woodard has performed the tasks for which it seeks payment, the Town shall pay Woodard in accordance with the fee breakdown shown in the Budget section of the Woodard proposal within 30 days after submission of an invoice that specifically indicates the services rendered and for which payment is requested. Third: (a) Throughout the term of this agreement, Woodard shall maintain the following insurance: 1 Page 153 of 233 (i) the workers' compensation and disability coverage required by New York law, (ii) general liability and automobile each with minimum coverages of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such policies shall name the Town and the Mamaroneck Union Free School District as an additional insured. (b) To the extent not covered by insurance, Woodard shall defend, indemnify and hold harmless the Town, its officers, employees, volunteers and agents from and against all loss, damage, expense, liability and other claims, including court costs and reasonable attorneys' fees resulting from injury to or death of persons, and damage to or loss of property to the extent caused by or arising out of the negligent acts or omissions of, or the willful misconduct of Woodard, its subcontractors, agents or employees in connection with the work to be performed hereunder; provided, however, that nothing herein shall require Woodard to indemnify the Town for events resulting from or arising out of the negligent acts or omissions of, or the willful misconduct of, the Town its officers, employees, volunteers or agents. Fourth: The Town shall provide or allow Woodard with access to the Hommocks Fields; however, Woodard shall co-ordinate its activities with the Town Engineer and not interfere with either the Town's or the School District's use of Hommocks Fields. Fifth: The Town may terminate this agreement at any time for any reason or for no reason at all by giving Woodard written or electronic notice of its decision to terminate and the date of termination. If terminated, the Town shall be liable to pay only for such services as Woodard will 2 Page 154 of 233 have performed as of the date of termination but only if the Town possesses or subsequently receives the funds needed to make such payment from Fields for Kids. Sixth: (d) Any notice shall be deemed to have been given either (A) on the day it is delivered, if it is hand delivered to the person for whom it is intended, (B) on the day it is transmitted electronically to the person for whom it is intended, (C) on the first business day after it is sent, if it is sent by an overnight courier with instructions that it be delivered the next business day to the party for whom it is intended; provided that the overnight courier in its advertising to the general public represents that it can deliver a parcel from its point of origin to its destination by the next business day or (D) on the third business day after it is mailed, if it is mailed to the party for whom it is intended by registered or certified mail, return receipt requested from one of the lower 48 states of the United States of America. The postal addresses of the parties and the names of the persons who are entitled to receive a notice or a copy of a notice ("Addressees") are If to the Town: With a copy to: Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 If to Woodard: Woodard & Curran Engineering and Geological Services P.A. P.C., 800 Westchester Avenue, Suite N507 Rye Brook, NY 10573 Attn: Anthony Catalano 3 Page 155 of 233 With a copy to: Steve Lauria or to such other address that an Addressee shall have specified in a notification given to the other Addressees in a way that complies with this paragraph. (iii) In the case of a Notice transmitted electronically to the Town, the addresses for such electronic communication shall be the addresses used by the Town Administrator, the Town Engineer at the time such notice is transmitted. The sender of such notice shall confirm such addresses by contacting the office of the Town Administrator or the office of the Town Engineer. (iv) In the case of a notice to persons not affiliated with the Town, the addresses for such electronic communication shall be the addresses used by such persons at the time such notice is are sent. The sender of such Notice shall use best efforts to ascertain the current electronic mail addresses for such persons. (v) A notice sent electronically shall be considered ineffective if the sender receives notification from the system by which such notice was sent that the notice was not delivered or if the notice does not appear in the English language on the recipient's device for receiving electronic communications. Seventh: Woodard shall comply with all applicable laws, including, but not limited to, state and federal labor laws, laws regarding prevailing wages, and workers compensation. When deemed necessary by the Town Engineer, Woodard will submit certified payrolls and such documentations as is necessary to show compliance with applicable New York State labor laws. Woodard represents that it is not on the New York State Labor Department Debarred list and is in good standing with the New York State Department 4 Page 156 of 233 of Labor. If Woodard learns that it no longer is in good standing with the New York State Department of Labor, it must notify the Town of this change in status within 24 hours. Eighth: A party's failure to insist upon strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default in terms, conditions and covenants herein contained. Ninth: (a) This agreement constitutes the entire understanding between the parties regarding the subject matter contained herein. The parties acknowledge that there has been and are no representations, warranties, covenants or understandings other than those expressly set forth herein and that all prior agreements between the parties regarding the subject matter of this agreement — whether oral or in writing — are merged into or superseded by this agreement and do not survive it as this document expresses the parties' entire understanding regarding the subject matter contained herein. (b) This agreement may only be changed by a writing executed by a duly authorized representative of each party. Tenth: The signatories to this agreement represent that he or she has the right to enter into this agreement on behalf of the party for which he or she is signing this agreement, (ii) the consent of a third party is not required to perfect such authority, (iii) the party on whose behalf he or she is signing this agreement has undertaken all actions required to enter into this agreement, and (iv) his or her signature represents the binding obligation of such entity. 5 Page 157 of 233 Eleventh: This agreement may be executed in one or more counterparts, each of which shall be considered an original. Facsimile signatures or signatures that are transmitted electronically shall be considered original signatures. Twelfth: Neither party shall have the right to assign, transfer, convey, pledge or encumber its rights under this agreement. Thirteenth: If any court of competent jurisdiction holds any provision of this agreement invalid or unenforceable, the other provisions of this agreement will remain in full force and effect. Any provision of this agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties agree to execute and deliver such other documents and to perform such other acts as may, from time to time, be reasonably required to give full force and effect to the intent and purpose of this agreement. Fourteenth: Whenever required or appropriate, words in the singular number shall be construed as if they were in the plural number and words of one gender shall be construed as if they were in any gender. Fifteenth: This agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. Any litigation arising out of this agreement shall be brought in the Supreme Court of the State of New York in and for the County of Westchester. In Witness Whereof, the parties have agreed to the terms and conditions set forth therein. 6 Page 158 of 233 Town of Mamaroneck as Meredith S. Robson, Town Administrator Date Woodard & Curran Engineering and Geological Services P.A. P.C. in Anthony Catalano, Senior Principal, PE, BCEE Date 7 Page 159 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Paul Creazzo, Police Chief Re: Acceptance of Donation to the Town of Mamaroneck Police Department Date: October 26, 2022 Attached please find a memo from Chief Paul Creazzo regarding an offer from Ray Catena Lexus to donate money to the Town of Mamaroneck Police Department. We are requesting the following action by the Board: Action Requested: Resolved that the Town Board hereby accepts the donation of $12,500.00 from Ray Catena Lexus for the Town of Mamaroneck Police Department to be used for the purchase of police equipment. Page 160 of 233 Town of Mamaroneck Police Department, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 Chiefcreazzo@townofmamaroneckNY.org Date: October 26, 2022 To: Meredith Robson, Town Administrator From: Paul Creazzo, Police Chief Subject: Acceptance of Donation to the Town of Mamaroneck Police Department General: Ray Catena Lexus is offering the Town of Mamaroneck Police Department a donation of $12,500.00 to be used for the purchase of police equipment. They specifically indicated that the funds are not to be used for items that are already budgeted for the police department. It is my understanding that the acceptance of donated funds must be voted on by the Town Board. With this in mind, I would appreciate you including this issue on the agenda for the November 2nd Town Board meeting. Page 161 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: William Maker Jr., Town Attorney Allison May, Town Clerk Re: Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law Date: October 21, 2022 Attached please find a memo from Bill Maker regarding an "Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law". We are requesting the following action by the Board: Action Requested: Resolved that the Town Board hereby sets a public hearing for an "Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law" for the Town Board Meeting on November 16, 2022. Page 162 of 233 Town of Mamaroneck Town Attorney, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 wmakerjr@townofmamaroneckNY.org Date: October 21, 2022 To: Members of the Town Board From: William Maker Jr., Town Attorney CC: Meredith S. RobsonTown Administrator CC: Allison MayTown Clerk Subject: Amendment to the Appellate Procedure of Chapter 99 of the Code of the Town of Mamaroneck Law General: The recently enacted law on filmmaking provides the following administrative remedy if an applicant disagrees with a decision made by the Town Administrator. § 99-10 Appeals. Any person aggrieved by the denial of an application for a license or by the conditions imposed with such license may appeal the Administrator's decision to a Committee, consisting of the Town Supervisor and one Town Board member designated by the Town Board. The Committee shall review such appeal and may reverse, modify or affirm the action of the Town Administrator if the Committee finds that the action of the Town Administrator was arbitrary, capricious or not supported by substantial evidence. At the Town Board's October 19th meeting, the members of the Board discussed creating greater flexibility for composing the Committee. I attach a proposed amendment to section 99-10 that would allow the Supervisor to designate the Town Board member to sit on the Committee on a case -by -case basis. 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. Attachment/s: 2022-10-2 1 -Amendment to LL re anneals Page 163 of 233 Local Law No. - 2022 This local law shall be known as the "Amendment to the appellate procedure of Chapter 99 of the Code of the Town of Mamaroneck" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1- Purpose: The current law on filmmaking in the unincorporated area of the Town allows a disgruntled applicant to appeal a decision made by the Town Administrator to "a Committee, consisting of the Town Supervisor and one Town Board member designated by the Town Board" (see Town Code § 99-10). Since the designated Town Board member may not always be readily available, the Town Board considers it appropriate to allow the Supervisor to designate the second Committee member on a case -by -case basis. This law does that. Section 2 - Repeal and Replacement of a current section of the Mamaroneck Code: Section 99-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: 99-10 Appeals. Any person aggrieved by the denial of an application for a license or by the conditions imposed with such license may appeal the Administrator's decision to a Committee, consisting of the Town Supervisor and one Town Board member designated by the Supervisor. The Committee shall review such appeal and may reverse, modify or affirm the action of the Town Administrator if the Committee finds that the action of the Town Administrator was arbitrary, capricious or not supported by substantial evidence. 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. October 21, 2022 Page 164 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Q3 2022 Operating Budget Report Date: October 27, 2022 Attached please find a memo from Tracy Yogman regarding the Q3 2022 Operating Budget Report. There is no further action needed at this time. Page 165 of 233 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: October 25, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Q3 2022 Operating Budget Report General: Attached please find the Q3 2022 Operating Budget Report. Attachment/s: Q3 2022 Operating export TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Page 166 of 233 TOWN OF MAMARONECK Q3 2022 OPERATING BUDGET REPORT The Town's financial performance through the third quarter is provided below by fund as compared to 2021 for the same period and includes budget projections through year end. Town programs are back up and running as indicated by the increases in both revenues and expenses as compared to last year. The most significant revenues the Town relies upon are expected to meet or exceed budget that includes mortgage tax and sales tax. As inflation causes general price increases and home sales are starting to slow down, we can anticipate meeting or exceeding budget. FINANCIAL SUMMARIES Overall, it is anticipated that a savings of $591k will increase fund balance as compared to the use of fund balance of $3.7 million in the budget. The projection includes a savings to budget of $5.4 million primarily a result of conservative budget practices, mortgage and sales tax, recreation programs and ambulance fees. The major contributors to this savings are outlined below. Fortunately, the 2022 budget was prepared with rising inflation in mind but the current inflation rate is climbing. Typically, the Town has significant cost savings as a result of conservative budget practices. Utilities, insurance, gas prices and garage parts seem to be the costs that have or are anticipated to exceed their budget lines. Fund balances will remain in compliance with the Town's fund balance policy. They will be monitored and will be strategically utilized in the 2023 budget. REVENUES In total, revenues are collectively 7.0% higher in 2022 than 2021 for the first half of the fiscal year. It is anticipated that revenues will be higher than the $51.0 million budget by $2.6 million. The most significant revenue variances are as follows: Tax Collection The 2022 Town & County Tax collection began on April 1 st and collection is almost exactly the same as last year for the first nine months of the year. The Town has collected 99.9% of the 2022 Town & County levy as of today. Mortgage Tax 1 Page 167 of 233 Mortgage tax is based on an October- September fiscal year and is paid semi- annually in June and December of each year. The Town has received the first half of the proceeds (October 2021 - March 2022) of $845k as compared to the same period in 2021 of $884k. This is a 4.5% decline and represents 53% of the $1.6m budget. The County Clerk does report Mortgage Tax monthly. As of September 30, 2022, mortgage tax revenue will be $2.1 million and will exceed the budget of $1.6 million by almost $498k. August and September 2022 revenue were 40% lower than the same two months of 2021. If that trend continues, the 2023 revenue will decrease from $2.1 million to $1.3 million or similar to the annual tax received prior to the pandemic. Mortgage Tax Revenue $Z,Sf}o,000 51,500,W0 $1,0wow $500,000 $0 2014 2015 2016 2017 2019 2019 2020 2021 2022 2023 ISudl,i'[ Budget tBucaget tACTUal Sales Tax Sales Tax is based on a calendar year and payments are made quarterly beginning in May 2022. Sales tax for the first three quarters of the year is $2.5 million and is approximately 13% higher in 2022 as compared to the same period of 2021 or 83% of the budgeted revenue. Sales tax is generally on the rise and significantly higher in September 2022 as compared to the same month in 2021. If this trend continues, it is conservatively projected that sales tax will exceed the $3.Om budget by $300,000. Recreation Income The ice rink revenue is anticipated to exceed budget by $339k, pool by $116k and the youth/recreation programs are anticipated to fall short of budget by ($150k) as 2 Page 168 of 233 teen camp was not held in 2022. Net revenue is projected to exceed budget by $620k. Other Income Other income that will exceed budget but are restricted by fund and purpose are: Ambulance revenue ($104k), Housing revenues ($190k) and Water Revenues ($263k). Sewer rent revenue will fall short of budget by $90k. EXPENSES Anticipated expense savings of $2.4 million are primarily attributable to vacancies (Comptroller, Town Clerk, Engineers, Court Clerk, Community Services), camp savings, and employee benefits. A distribution from the Garbage Commission of $180k and a deferral of $408k for a capital transfer from the Water Fund for the Rye Lake UV Facility as an advance for grant funds rounds out the projected savings. $1s., c $1EM $14.52 $14.CC $13.40, � S 14.4C ■ � S8.4C GENERAL FUND 2022 EXPENSES SSfi.1Q $15.5+3' 0 $11.1C 4 7" •1 r. r�ir�rhw�r ■BUDGET ■ACTUAL ■PROJECTED 3 Page 169 of 233 a0 I- I- 00 ri m O ri O N O 00 m 0 lf) O O M Ln O co N O rmi N m I� r-I M I, � w N I, O I� M N Olq* 00 m O II)) `"' 00 lD N UJ -t 00 N 00 It N N r-I Ln tD }, N � tD 0) W Ln O 0) l0 00 M M r-I N r-I r-I .. N Ln O] Cc > ri N N r-I N19T tD N I- m m 00 00 N m Ln 00 m O 4 O r-I tD 11 -p N 0) Ln ll ri Oo ri lD o0 00 tD N +�+ 0) 00 N M O Ln r-I 00 N I- r-I M ri N tD M O I- O Ln Oo (,4 0) N O N I- r-I to N I- 'qt Ln 0) to -4 q Ln rl tD ri N m d �1 r-I r-I Ln m I- m I- O O m n n m N M N tD 00 M Ln m m m Ln 4 N m N" 00 m m 00 O N m N Iq I- 0 m 0) 0) 0) I- Ln Ln oo N q Ln O m Ln I� Co O 0) I� 41 Ln Ln tD Ln +- O o0 00 0) Ln N N t N Ri O ri N Ln Ln ri N Ln } (aj r-I r-I Rt to rn m m N rn m 1� 1� tD o o 0 0 Ln 0) Ln cM 0) Ln r-I O� m Ln ' M n Ln r-I tD to m ri N r-I i r-I r-I i o ri 00 00 N ri 00 00 00 w tD tD m O O I� m Ln 00 LD lqt 00 m Ln O M to r-I I� r-I 00 tD ri M N 00 O ('M ri -q Ln r- 00 0) r- N rNi O N 0) O r-I `-' r-I O M O0 m MO r-Ir-ILr ri N WIM m O r, N 00 N Ln -,t ri N '-0 m N ri Ln 00 O N m m m DO M to O 00 N N O oD r-I to tD 00 M ri to ri oo r-I tD O r- O lD to O) C) N O I- ri r- 00 ct Ln M 01 0) Ln lid, 00 m 00 m N I- N tD M O cn Ln rl Ln r-I N r-I M r-I r-I Ln I/Ij- 1 V'j-I -k4 tD N Ln t lD N ri LD O 00 m lD M N N O r-I r-I r-I to N M m lD N O r- tD r-I r- 00 O q N Ln Ln O tD m Ln N 00 Ln oo Oo O q* 00 m 144, 0) lqt r-I 00 lqt Oo tD r-I ri Ln ri Ln N N N N tD Ln M 0) tp 0) ri Ln -�i m ri ri ri 00 r-I M 1A. i/} W 00 r-I O Ln r-I 00 '11' M lD N ri I, O m 00 m m -qt r, tD --t w N O N m �lqt tD N O N O tD Ln 0o O N lD Iq m Ln to l m -4 N 00 m m n n It m ri I� N r-I m� Rt tD Ln m m m tD O O 0 0) O -t Ln n N N 00 Rt 00 qt r- m r-I tD N tD I- M I- O) tD 00 � O\ LD M to r-I 0) O 00 (3) O M O ri m m O O 00 O Oit r- m m r-I w 00 N M M M r-I N I- r-I Ln tD lD r-I O r-I r-I r- Ln w r-I m 0) N Ln Ln -C: ri N N rl 0) Ln Rt M r-I ri a) (3j ri M ri 00 m O O O O m 0 I- Rt O oo m r-I m O O M 0 I*- 00 ri 194, m O O O m 0 0 0 Ln lD (14 m Ln m O m 0 Rt I- ri Ln I�1 Rt M Rt 0) M 00 O r-I tD W Ln -ct 0) O 0) to 00 00 N r-I N N r-I00 N r- N a n 00 m R* O tD Ln N N r-I r) 0 00 Ln � N N �n O Ln I, to t r- 0) Ln I- to i r) 0 00 r- ri 0) I- Ln Ln r- O M O a I� 00 Ln 00 '-tN Ln q* to to ri O Ln 0) * N n 4 to 00 Ln N Q co N r% Ln ri N r-I tD r% Ln � ri N ri Ln ri r-I Ln r-I r-I Ln i/j- t4I v�I 0) — N ho C Co C C C C N o 00 N Q C C C ;> LL C LL t U %� C cc co O co ao 00 f0 _ 2— G) L C _ •� Y L CO ~ O G1 Gl d N 3 N 0 � o C L E 4. co t— H mo °° L L �, ~ x a� co o .tw L }, (9 a = x ii Ln Q l0 v) LLI C7 a_ 2 2 i i Ln Q U' cn O rmi Page 170 of 233 O � _O r" Ct Ct U t 4-� 1 C�3 S" U to CA Ct V� . C-) Ski ct N � Ct -" C ct R U ct ct ct -0 c—. O >, cut) v, Ct �y' Ct C N O O CA O >. 4' c U (0 a E 0o O LL U w L * o �° 3° off° '0° T° o\° of %OR e O cL 1� 00 1, N n 00 iD --i 00 O t0 CL u1 m r i N r-i -qt m N r i w m Q Ln N 0) N O N M M r-I O M C LL M r-I m rl m N r-1 m N 00 N t0 O l0 N N O O o0 r-I It N -O V N M P, Lr 00 N O 6 O O 01 U r� M 1- W O 1% M It O N M W4-1 = M N O N M 1� r-1 t0 m r-I O r-1 f0 N 00 l0 r-I' r-I r I O O � co � N L a ih i/1• qj O M O1 m O l0 In 00 r-1 M t0 Z I� lC) N M 111 O I� l0 00 N 01 W 5 m N m r1 -it O 00 M m H 4 0) Il- 00 N N qT O In t0 0) U v In v M M N N -qt In aJ O o_ Ol O r� 11 N 00 N 0 11 H N MNHOWONMMMW h l0 O CO r% N O CO ri t0 l0 M G1 4� h tC1 H W H W O H O W W 01 vc N 0 r� H I- 00 -t m m m m 0) 11 00 C() 00 M N I- N t0 m O m x I� to ri N ri M aW 1 M r tr)- in 0 LL N ri N 14 W N N M M 00 00 M m LnIt 00 m O t O ri WN U ai Ol M N r-1 W r-1 W 00 a0 W N Z Ol 00 N M O Lr N P% r-I i U N t0 m 0 N O 0 00 N m CL aJ j O N N r-I l0 N n 4 0 m t0 O ai Lf P% lD r-I N M L a I= r-1 r-I In t4 N ri N l0 00 O r-1 N M m o U N tD 00 1n Ol I� 00 O O N r-I +, c N r-1 r- l0 l0 l0 N t0 m 00 O U N N 0) Iln M M M 1- O O m M 00 L m to o0 0o to m o0 0 1� to 1� 07 H l0 t0 M M M H t0 m H m m r4 01 �LL�' "0 I O ri m O 00 r-1 aJ m 00 u] m it It O 00 S-0 0) r- Wr-1N 00 it 0) L � N a m m N (D N O O LL 00 N `' `' v r�N L Q M a to a) 7 c c c 0 LL i Qj U N Z_ 3 to a o oc0 c v a)) "_4� O c = M 00 oc ° M - M O— toa) L4� E m N MO U' a m iLL N Q C9 N H Ln Page 171 of 233 The chart below illustrates the net fund balance that was budgeted, actuals through September 30, 2022, and the projected results as of a few weeks ago by Fund. It is important to note that the results for these three funds are expected to better than anticipated based on expense savings and revenues that were on the rise. 2022 FUND BALANCE PROJECTED RESULTS $4. S3.00 52.40 $2.00 S1. $0.60 S(2.00) $(3.00b General Fund Part Town ■Hud ek ■&Iual5 ptojocke'd 6 5(o.10M Highwa,V Page 172 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Q3 2022 Capital Budget Report Date: October 27, 2022 Attached please find a memo from Tracy Yogman regarding the Q3 2022 Capital Budget Report. There is no further action needed at this time. Page 173 of 233 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: October 28, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Q3 2022 Capital Budget Report TEL: (914) 381-7810 FAX: (914) 381-7809 Tyogman@townofmamaroneckNY.org General: A review of the status of capital projects is completed quarterly and reviewed with the Town Board. The attached report is a complete listing of all open capital projects. The listing has been divided by category of capital projects. Below are the project budget totals for each category and the percentage of the total for each. In total there are $58.3 million of open projects of which the Town has expended or committed $26.66 or 46% of the total value of the open projects. For each project we have listed the original project budget, expenditures and encumbrances to date and the unexpended balance. There is also a brief status provided for each project. Page 174 of 233 Water Sy Irnpra $2.2,198 38i� 2022 CAPITAL PROJECT BUDGET Information Other Frajects, Recreation TeChnology, -__ $960,835 FaCi hies a & Nay 196 19% Sewers, D96 Equipment, Tcwrt Building corm uraenage, $4,596,6 Improvs, $50,004 � �4,CJ31,114 � Attachment/s: Q3 Capital Project Status Report Page 175 of 233 N N O N o CL O - N d O. E O U T c ❑ v � O rn c 3 o N 0 E c R L E y o C a o d R {p y EO u V N E 0 _ i y w 0 y 3 '06 R R O „ E R ` tm E c O N 7 0. 0 0 y 0 7 Q 3 j L O � = .0 � R '; = O .0.� W N O C D R IC y O = y U O U C R N m tm O C. w 'O c .vi w y d L O y w a o y u i a Q m m d o° pE c c 11.0 0R a = m m 05 w O. 0 m yUR m wOy E 31L R O O 0 T 0 m RN y E C3a O E y y . E Oc . E U ww IM O -0 O O 0 E0 E 0 `0 .0N V0 ANc 0 N L n 3 U — O O. O O. L N ca 0 O O.O.r O m 0. 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R =- 0 0 za a 3 IL Ol m cN % 0D`N 0 ' OC Z J m m7 dA J m p ~ LLFV R m 0 a' Y L m UN NU y LNU NU LR z O -E N L a jd Ri O > Na f W a.> La a > O a m 2 m LL ia 0: T O: R a T a T p N 3 IL T 0: p N 3 a. � m 3 d 3 d W J LU O L) w z d N 7 la N N N N N N N N N N N N N N N N N N N J U Q W K N N N i0 i0 {O V1 tD �D �O �O �O 1� r r r A ap V ap N � A � d 8 1 M eANal 1f v d ?33 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Q3 2022 Operating Budget Amendments Date: October 27, 2022 Attached please find a memo from Tracy Yogman regarding Q3 2022 Operating Budget Amendments. We are requesting the following action by the Board: Action Requested: Resolved that the Town Board hereby authorizes the Town Comptroller to make the necessary budget amendments, as presented. Page 182 of 233 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: October 25, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Q3 2022 Operating Budget Amendments General: Pursuant to a review of the operating budget lines for the third quarter, the following 2022 budget amendments are recommended for approval in compliance with the Budget Policy: I. General Fund Budget Amendments: There are various budget overages that require transfers for which a budget amendment is recommended, the most significant transfers are as follows: • Parking violation collections fees are a percentage of the revenue collected. Fines and Fees revenue have exceeded budget and as a result an increase to the revenue and expense will offset each other. • Liability Insurance has increased approximately 24% upon renewal. • A judgement from prior years was paid and requires funding. • Penalties on property taxes have exceeded revenue and can support these expenses. 2. Storm Ida Expenses: Operating expenses used for repairs for vehicles will be reimbursed by FEMA. A budget amendment to increase FEMA revenue and operating expenses is recommended below. 3.Part Town Fund Budget Amendments There are various budget overages that require transfers for which a budget amendment is recommended as follows: • Police Overtime has exceeded the budget through October 2022 and is anticipated to exceed it for the year by approximately $230k. Overtime is used to staff gaps for vacations, holidays and sick days. • Police Special Duty Overtime will exceed budget by $50k but is offset by reimbursements received from outside entities. This expense is a result of road work by the various utility organizations. • Expense savings and revenues that can support these expenses include building permits and appropriated fund balance. Page 183 of 233 4. Fire Budget Amendments Overtime in the Fire Department has exceeded budget and can be funded through savings in other budget lines as provided in the budget amendment below. 5. Ambulance Budget Amendments Part time EMT wages have and will exceed the budget through year end as it has becomes necessary to increase the use of paid staff. An increase in revenue for the reimbursement from the insurance company and the related transfer of funds to MEMS. A new ambulance will be purchased and these funds will be used towards that purchase rather than repair the ambulance. Attachment/s: 2022 OPERATING BUDGET AMENDMENTS CHART -November 2 2022 Page 184 of 233 2022 OPERATING BUDGET AMENDMENTS GENERAL TOWN WIDE FUND (FUND A): Amount 1 Revenue A.0000.2610 Fines & Forfeitures Increase $ 9,000.00 Expense A.1110.4138 Parking Violation Collection Fees Increase 9,000.00 Expense A.1410.4009 Office Supplies Increase 510.00 Expense A.1410.4019 Seminar/Confrences Increase 153.00 Expense A.1410.4021 Dues/Publications Increase 2,500.00 Expense A.1410.4030 Printing/Stationary Increase 29.00 Expense A.1900.1931 Judgements & Claims Increase 41,315.00 Expense A.1900.4059 Liability Insurance Increase 21,760.00 Revenue A.0000.1090 Penalties on Property Taxes Increase 66,267.00 2 Expense A.8760.4010.8760.92 Operating Supplies -Storm Ida Increase 13,504.00 Expense A.0000.4988.8760.92 FEMA Increase 13,504.00 3 Expense B.1670.4026 Paper Increase 2,220.00 Expense B.1670.4029 Vehicle repairs Increase 6,000.00 Expense B.1670.4064 Vehicle Fuel Increase 12,000.00 Expense B.3120.1015 Police- Overtime Increase 230,000.00 Expense B.3120.1029 Police- Special Duty Overtime Increase 50,000.00 Expense B.3510.4204 Humane Society Increase 406.00 Expense B.3120.1010 Salaries Decrease (85,000.00) Expense B.1900.4050 Contingency Decrease (34,840.00) Expense B.1900.4059 Insurance Increase 34,840.00 Expense B.9000.9060 Health Insurance Decrease (75,000.00) Revenue B.0000.2555 Building Permits Increase 48,000.00 Revenue B.0000.5995 Appropriated Fund Balance Increase 92,626.00 4 Expense SF.3410.1015 Fire -Overtime Increase 35,000.00 Expense SF.3410.4029 Vehicle repairs Decrease (15,000.00) Expense SF.3410.4052 Tax Certioraris Decrease (15,000.00) Expense SF.9000.9060 Health Insurance Decrease (5,000.00) 5 Expense SM.4189.1027 Salaries- EMT PT Increase 45,000.00 Expense SM.4189.2107 Auto Equipment Increase 9,483.00 Expense SM.4189.4340 Temporary Services -EMT Decrease (15,000.00) Expense SM.4189.4341 Temporary Services -Paramedics Decrease (10,000.00) Revenue SM.0000.5995 Appropriated Fund Balance Increase 20,000.00 Revenue SM.0000.2680 Insurance Recoveries Increase 9,483.00 Page 185 of 233 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 mrob son@townofmamaroneckNY. org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Q3 2022 Capital Budget Amendments Date: October 27, 2022 Attached please find a memo from Tracy Yogman regarding Q3 2022 Capital Budget Amendments. We are requesting the following action by the Board: Action Requested: Resolved that the Town Board hereby authorizes the Town Comptroller to make necessary budget amendments, as presented. Page 186 of 233 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM Date: October 25, 2022 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Q3 2022 Capital Budget Amendments General: TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org The following 2022 capital budget amendments are recommended per the quarterly review of all capital projects as follows: LPurchase Water Storage Tank #1 (Project 1375-12) Additional funding for bond issuance costs is needed for this project. A budget amendment to use fund balance from the Water District for this project is recommended below. 2.Purchase Water Storage Tank #2 (Project 1382-12) Additional funding for bond issuance costs is needed for this project. A budget amendment to use fund balance from the Water District for this project is recommended below. 3.Brevoort Lane Water Main Replacement (Project 1384-12) This water main replacement was completed on an emergency basis. The actual costs came in higher than originally estimated. A budget amendment is recommended below to transfer funds from the Water District Fund for this project. 4.Purchase Booster Station PRV Modifications & Upgrade Phase 2 (Project 1387-12) Additional funding is needed to complete this project. A budget amendment to use fund balance from the Water District for this project is recommended below. 5.Ice Rink Locker Rooms (Project 2019-24) Page 187 of 233 The locker room renovation at the ice rink has been completed. A budget amendment to return remaining funds to the General Fund is recommended below. 6.Comprehensive Plan (Project 2019-66) The budget includes available bonding of $68,000 for this project that has not been bonded and is not needed at this time. If and when the project requires additional funding, a budget amendment will be submitted. The authorized balance on the bond will be rescinded if not needed at the end of the project. 7.Vehicles (Project 2020.72) The purchase price of each of the two Hybrid Escapes were budgeted at $30k and the current price is $36k.A budget amendment to transfer funds from the General Fund is recommended below. 8.Gardens Lake Debris (Project 8760.92) As a result of Storm Ida, debris accumulated in the Gardens Lake forebay. The costs of the removal of this debris was higher than budgeted. These costs will be submitted for FEMA reimbursement. We anticipate that FEMA will fund the total cost of this project. A budget amendment below for the added costs and the corresponding FEMA reimbursement. 9.Remediation of Westchester Joint Water Works Garage (Project 1393-12) This new project involves the removal of asbestos material and lead paint from the WJWW garage as well as repair of the damaged walls and installation of safety railings. A budget amendment is recommended below to appropriate fund balance for this project. 10. Food Scrap Vehicle (Project 2022-09) The Town was awarded a Municipal Food Scraps Recycling Initiatives Grant administered under NYS Dept of Environmental Conservation for the purchase of a truck that for picking up and recycling food scraps. The truck will be utilized by the Garbage Commission serving the unincorporated Town and the Village of Larchmont. A budget amendment is recommended below for the grant revenue and the purchase price. 11. Ice Rink Sewer Lien Replacement (Project 2012-24) The sewer line in the ice rink lobby failed with considerable sewage backup and requires a repair. The sewer line will be replaced and requires trench excavation of the concrete floor. This project is classified as a capital project since it is an improvement that will have a useful life of 20+ years. A budget amendment is recommended below to fund this project from appropriated fund balance in the General Fund. Attachment/s: 2022 CAPITAL BUDGET AMENDMENTS CHART -November 2 2022 Page 188 of 233 2022 CAPITAL BUDGET AMENDMENTS Item # CAPITAL FUND (FUND H): Amount 1 Revenue Transfer from Water District H.0000.5039.1375.12 Increase $3,541.33 Expense Bond Expense -Purchase Water Storage Tank#1 H.8340.4022.1375.12 Increase 3,541.33 2 Revenue Transfer from Water District H.0000.5039.1382.12 Increase 3,541.33 Expense Bond Expense -Purchase Water Storage Tank 92 H.8340.4022.1382.12 Increase 3,541.33 3 Revenue Transfer from Water District H.0000.5039.1384.12 Increase 17,556.08 Expense Brevoort Lane Water Main Expenses H.8340.0400.1384.12 Increase 17,556.08 4 Revenue Transfer from Water District H.0000.5039.1387.12 Increase 1,701.43 Expense Purchase Booster Mods H.8340.0400.1387.12 Increase 1,701.43 5 Expense Transfer to General Fund H.9900.9901.2019.24 Increase 2,429.98 Expense Ice Rink Locker Rooms H.7265.0400.2019.24 Decrease (2,429.98) 6 Revenue Serial Bonds H.0000.5710.2019.66 Decrease (68,000.00) Expense Comprehensive Plan H.8020.0400.2019.66 Decrease (68,000.00) 7 Expense Info Technology Vehicles H.1680.0400.2020.72 Increase 2,992.00 Expense Senior Services Vehicle H.6772.0400.2020.72 Increase 2,992,00 Revenue Transfer from General Fund H.0000.5031.2020.72 Increase 2,992,00 Revenue Tran s ter from General Fun d H.0000.5031.2020.72 Increase 2,992.00 8 Expense Gardens Lake Debris H.8510.0400.8760.92 Increase 11,100.00 Revenue FEMA DB.0000.4988.8760.92 Increase (11,100.00) 9 Revenue Transfer from Water District H.0000.5039.1393.12 Increase 24,259.00 Expense WJWW Garage Repairs H.8340.0400.1393.12 Increase 24,259.00 Water District (FUND SW) 1 Revenue Appropriated Fund Balance SW.0000.5995 Increase 3,541.33 Expense Transfer to Capital SW.9900.9950 Increase 3,541.33 2 Revenue Appropriated Fund Balance SW.0000.5995 Increase 3,541.33 Expense Transfer to Capital SW.9900.9950 Increase 3,541.33 3 Revenue Appropriated Fund Balance SW.0000.5995 Increase 17,556.08 Expense Transfer to Capital SW.9900.9950 Increase 17,556.08 4 Revenue Appropriated Fund Balance SW.0000.5995 Increase 1,701.43 Expense Transfer to Capital SW.9900.9950 Increase 1,701.43 9 Revenue Appropriated Fund Balance SW.0000.5995 Increase 24,259.00 Expense Transfer to Capital SW.9900.9950 Increase 24,259.00 General Fund (FUND A) 5 Expense Transfer from Capital A.0000.5040 Increase 2,429.98 Revenue Appropriated Fund Balance A.0000.5995 Decrease -2,429.98 7 Expense Transfer to Capital A.9900.9950 Increase 5,984.00 Revenue Taxes on Town Owned Property A.1900.1950 Decrease -5,984.00 Page 189 of 233 2022 CAPITAL BUDGET AMENDMENTS Item # CAPITAL FUND (FUND H): Amount 10 Revenue NYS DEC Grant Funds H.0000.3910.2022.09 Increase $64,000.00 Expense Food Scrap Vehicle H.8160.0400.2022.09 Increase 80,000.00 Revenue Othe Local Govt- GC H.0000.2797.2022.09 Increase 16,000.00 11 Revenue Transfer from General Fund H.0000.5031.2012.24 Increase 55,000.00 Expense Ice Rink Improvements -Plumbing Repairs H.7265.0400.2012.24 Increase 55,000.00 General Fund (FUND SR) 10 Expense Transfer from Capital SR.0000.5040 Increase 16,000.00 Revenue Appropriated Fund Balance SR.0000.5995 Decrease 16,000.00 H Expense Transfer from Capital SR.0000.5040 Increase 55,000.00 Revenue Appropriated Fund Balance SR0000.5995 Decrease 55,000.00 Page 190 of 233 ` Town of Mamaroneck Town Board Minutes w F, Wednesday, October 19, 2022 Courtroom, Second Floor of Town Center, 5:00 PM PRESENT: Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Robin Nichinsky, Councilwoman ABSENT: Jaine Elkind Eney, Town Supervisor Jeffery L. King, Councilman ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney Lindsey M. Luft, Assistant to Town Administrator Tracy Yogman, Town Comptroller 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER WORK SESSION ITEMS Presentation - Sustainability Collaborative Climate Emergency Declaration Response Report June Wallach and Karen Khor presented the Sustainability Collaborative Climate Emergency Declaration Response Report to the Town Board. They started with an overview of the Sustainability Collaborative's Climate Emergency Declaration, originally adopted by the Mamaroneck Town Board in November 2021. Ms. Wallach and Ms. Khor presented the Collaborative's accomplishments over the past year, an overview of their current work, and provided a summary of how they intend to move forward with the overall goal of benefiting the well-being and safety of all Mamaroneck Town residents. The Sustainability Collaborative presented to the Town Board what they considered their highest impact, most achievable goals, using their available resources as best possible. This included three or four high priority recommendations for each of the three areas of focus: quality of life, sustainability, and resilience. The Town Board thanked the Collaborative for the education that they extend the Board, for their hard work in the Town, and for the Collaborative's concise presentation this year. In addition, the Board requested the Sustainability Collaborative do a similar presentation to the public at a future Town Board meeting, in which the Collaborative might highlight their progress and gain additional community support. 2. Discussion - Composition of Filming Appeals Committee After a brief discussion of the two -member appointment of the Filming Appeals Committee, the Town Board requested that Town Attorney Maker appoint the Town Page 191 of 233 Town Board October 19, 2022 Supervisor and any other Town Board Member as the Appeals Committee. The Town Attorney agreed to update the local law for review at a future Town Board meeting. 3. Presentation of 2023 Tentative Budget Administrator Robson presented an overview of the Town of Mamaroneck 2023 Tentative Budget. Total Expenses budgeted equal $58.9 million, which is an increase of $5.8 million -- including an increase of $2.5 million in capital improvement spending and $3.3 million in operating expenses. Revenue increased to fund the expense budget increase of $5.8 million. Administrator Robson highlighted the 2023 budget risks which include market forces, sales tax, interest income and mortgage tax. The Administrator noted that mortgage tax actuals for the past two months have been down 40%, and if that trend continues may result in a budget shortfall of up to $300,000 for 2022. Comptroller Yogman then provided a breakdown of the 2023 tentative budget, noting the largest changes in revenue and expenses, emphasizing that expenses have increased nearly 11 %. The Comptroller highlighted the tax levy rate has dropped almost 2%, and while many assessments have gone up 6 to 7% in value, that should be a positive for most residents. Administrator Robson wrapped up by highlighting the many budget investments planned for 2023, mentioning how critical it is to maintain our capital infrastructure in the Town. The Board then discussed several options for the date and time of the next budget meeting. 4. Additions to Regular Meeting Agenda There were no additions to the Regular Meeting Agenda. Request for Executive Session 1. Request for Executive Session 8:00 PM Town Board Regular Meeting The Town Board meeting convened in the Courtroom located on the second floor at the Town Center. The Public was able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org Call to Order The Regular Meeting of the Town Board was called to order by Deputy Town Supervisor Abby Katz at 8:02 p.m. Deputy Town Supervisor Katz mentioned that Town Supervisor Jaine Elkind Eney's mother had -recently passed away, so she could not attend tonight's meeting. Also, Deputy Katz added that Councilman Jeffery King would also be absent because of work commitments. Deputy Supervisor Abby Katz noted that the Town Board met for a Work Session beginning at five o'clock this evening. Supervisor's Report As the Town Supervisor was not in attendance, there was no Supervisor's Report. Public Hearing(s) Amendment of the Cost for Renewing Building Permits 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, October 19, 2022 at 8:00 PM or as soon thereafter as is possible, to consider the "Amendment of the Page 192 of 233 Town Board October 19, 2022 Cost for Renewed Building Permits" Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: The purpose of this law is to update the fee for renewing a building permit. 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, htti)s://www.townofmamaronecknv.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: October 10, 2022 Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky the Public Hearing was unanimously opened, Carried Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman the Public Hearing was unanimously closed. Carried Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky the following Local law was approved: Local Law No. 6 - 2022 This local law shall be known as the `Amendment of the Cost for Renewed Building Permits" Law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1— Purpose: The purpose of this law is to update the fee for renewing a building permit. Section 2 — Amendment of a current section of the Mamaroneck Code: Section A250-1 of the Code of the Town of Mamaroneck hereby is amended by deleting the following language therefrom: "Permit renewals: 1112 of the original building permit fee multiplied by the number of months to be extended, but in no case to be less than $500" and substituting for it the following language: "The fee for renewing a building permit for residential construction, which will last for a six (6) month period, shall equal 50% of the original building permit fee or $1,000, Page 193 of 233 Town Board October 19, 2022 whichever is less. The fee for renewing a building permit for construction, other than residential construction, which will last for a six (6) month period, shall equal 50% of the original building permit fee or $1,500, whichever is less." 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. Carried 2. Property Tax Levy in Excess of the Limit Established in General Municipal Law 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, October 19, 2022 at 8:00 PM or as soon thereafter as is possible, to consider the "Property Tax Levy in Excess of the Limit Established in General Municipal Law" Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: The purpose of this law is to update the fee for renewing a building permit. 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: October 10, 2022 Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman the Public Hearing was unanimously opened, Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky the Public Hearing was unanimously closed. Carried Page 194 of 233 Town Board October 19, 2022 Carried Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman Resolved that the Town Board hereby adopts the following Local Law Carried Local Law No. 7 of the year 2022 Town of Mamaroneck, County of Westchester A local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c Section 1. Legislative Intent It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for the fiscal year commencing January 1, 2023 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government's governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3. Tax Levy Limit Override The Town Board of the Town of Mamaroneck, County of Westchester, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2023 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State. Resident Comments Deputy Supervisor Katz asked if anyone in the audience wished to address the Town Board. Kevin Crowe representing the Larchmont Gardens Civic Association had a few questions regarding the building code. First, he wanted to confirm that the moratorium on chipping is no longer on. The Board confirmed there is currently no moratorium on chipping. In addition, Mr. Crowe noted, there had been some discussion in the past of including the basement in the floor area ratio (or FAR) of the total area of the home. Mr. Crowe asked if that idea was still being entertained. Deputy Katz responded that she thought that it might develop as a part of the comprehensive plan. Deputy Katz added that part of the Comprehensive Plan would be to address the character of the neighborhood, and part of that would include reviewing the building code. The Board agreed it would be addressed. The Board suggested that Mr. Crowe include that suggestion in his comments to the Comprehensive Plan, in the upcoming public comment period. Kevin Crowe then thanked the Town Board and the Traffic Committee for the double yellow lines on Lakeside Drive at Myrtle Boulevard, noting that the Larchmont Gardens Civic Association believes that the lines will help slow reckless drivers. Page 195 of 233 Town Board October 19, 2022 Lastly, Mr. Crowe introduced one of his friends from the Larchmont Gardens Civic Association, Marianne Hardart, who is the daughter of longtime resident Nancy Hardart. Staff Comments/ Presentations There were no Staff Comments or Presentations. Board of Fire Commissioners Call to Order Commissioner Katz called the Meeting to order, then on motion of Commissioner Fiddelman and seconded by Commissioner Nichinsky the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Robin Nichinsky Absent were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Jeffery L. King 2. Fire Claims Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Carried 3. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner Fiddelman, Seconded by Commissioner Nichinsky, the Commission unanimously adjourned and the Town Board reconvened. Affairs of the Town of Mamaroneck Set Public Hearing - Contraction of the Mailing area for Notification in Land Use Applications Law Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky Resolved that the Town Board hereby sets a public hearing for "Contraction of the Mailing area for Notification in Land Use Applications Law" for the November Z 2022 Town Board meeting. Carried Attorney Maker explained the proposed local law that, if adopted, would make the range for mailing notice of land use applications a uniform 300 feet. The proposed law was a result of a discussion at a Board of Appeals meeting when that Board realized that under certain circumstances, the current range to mailing notice of 1,500 feet in the R-15, the R-20, the R-30 and the R-50 districts can result in over 300 mailings. The Town Building Inspector researched the notification distances in nearby communities and found the range for mailings varied from 200 to 500 feet for use variances in Larchmont. The Building Inspector and Board of Appeals would like to see the notification by mail range become a uniform 300 feet. That is the distance for notification by mail in all the other zoning districts. Page 196 of 233 Town Board October 19, 2022 The Town Board agreed that similar to the reduction in the fees for the renewal of building permits, approved earlier in the evening, this proposed law makes life a little easier for Town residents. The Town Planning Board discussed the proposed new Town law and unanimously determined that they have no objection to the adoption of the law, so would therefore set the Public Hearing. 2. Authorization - Housing Authority Agreement - Administrative/Technical/Clerical Support Administrator Robson explained the need to help support the Housing Authority with administrative, technical, and clerifial support. The Housing Authority approved the agreement at their meeting on Monday, October 3, 2022, pending the Town Board's approval. Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman Resolved that the Town Board hereby approves the agreement with the Mamaroneck Housing Authority for administrative, technical, and clerical services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried 3. Presentation of 2023 Tentative Budget Administrator Robson presented an overview of the Town of Mamaroneck 2023 Tentative Budget. Total Expense budgeted equals $58.9 million, which is a very large increase of $5.8 million -- however nearly half of that is in capital projects that we anticipate funding through the budget. There is also an increase on the operating side of $3.3 million, which includes compensation/contractual obligations increase of $687,000, health insurance increase of $542,000, retirement $155,000 and even vehicle fuel increases of $154,000. Similarly, utilities are anticipated to increase $151,000, liability insurance $122,000, and garbage collection services $182,000 (the Sanitation Commission still needs to approve). Interfund transfers are estimated to increase $208,000. On the revenue side, which obviously helps to support those increases, we are appropriating for capital project purposes $2.8 million. Non -tax revenue is expected to increase by $1.4 million, tax levy to increase by $1.1 million, and then the fund balance operating, for the day-to-day expenses, is expected to increase $424,000. Administrator Robson noted the 2023 budget risks, including the interest income which is estimated at the current rate of 3 percent. Over the past several months we have seen a decrease in the mortgage tax, but we have maintained the mortgage tax at $1.6 million. Actuals for the last two months have indicated a 40 percent decline from current revenue levels. If that decline continues, there may be a budget shortfall of $200,000 to 300,000. Sales tax may be slightly higher if consumer purchasing remains the same. With market forces at play, we are at the same jeopardy as others with planning and purchasing items, so that may affect the budget. Comptroller Yogman then provided a breakdown of the 2023 tentative budget. The Comptroller highlighted the the three large changes in revenue in the budget, including Property Taxes ($1.079 million); Departmental Income ($983,000 increase); and the Appropriated Fund Balance ($3.3 million). The Comptroller then highlighted the largest changes in expenses, with $1.7 million in Personnel Services (which covers actual obligations for salaries and benefits). Other than Personal Services (which includes fuel and utilities) increases $1.09 million. The largest increase of $2.7 million is in Capital and Interfund Transfers, which is where we are paying for projects on a cash basis. Total expenses increased 10.87% over the 2022 Fiscal Year Budget Adopted. Page 197 of 233 Town Board October 19, 2022 The Comptroller then reviewed the Fund Balance will be at $14.7 million at end of 2023, noting that we will be at 25% of the operating expenses of the Town, so we are in compliance with our Fund Balance policy to be between 15 and 25%. The Comptroller then pointed out that the tax levy is made up of two parts -- the tax levy increase over the amount of the assessed value of the Town. Therefore, the tax rate will be going down to 5.61 in 2023 from 5.72 in 2022, almost a 2% decrease. The assessed values in the Town increased 1.91 % and the average value of a home increase from $1.3 to $1.4 million, equating to a tax increase of $418. The 2023 proposed tax levy increase of 3.71% offers the Town $1,079,125 to support the basic costs as well as the capital investment necessary to maintain the Town. Administrator Robson noted that the 2023 budget provides for capital investments, critical to upgrade and maintain infrastructure and move the community forward. The Administrator reviewed the 2023 budget investments including telecommunication upgrades, the improvement and expansion of the outdoor pool at the Hommocks, resurfacing, heavy equipment, water system and stormwater improvements, technology investments, and others. The Town of Mamaroneck Preliminary Budget will be presented for the Town Board in December and is posted on the website. Please see attached presentation. Reports of Minutes Report of Minutes of July 20, 2022 of the Work Session on the Tree Law. Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of July 20, 2022. Carried Reports of the Council Councilwoman Katz • Attended a Board of Architectural Review meeting last Monday, where they deal with a lot of signs and facades. While the signs may not be to the Board's taste, the Board generally approves them because the businesses are franchises and strive to maintain similarities within the brands (like the blue roof on the International House of Pancakes building). • Attended the Westchester Municipal Officials Association (WMOA) meeting for a presentation from Westchester County District Attorney Miriam E. Rocah talked about all the initiatives in her office. • Thanked the Sustainability Collaborative for the Repair Cafe last Sunday, noted it was great to see so many people there. • Reminded everyone we have pamphlets on the election from the League of Women Voters in the lobby of the Town Center. • Noted that this is the last month to put organic waste at the curb, starting November 1 st only leaves should be placed at the curb. Councilwoman Fiddelman • On the 11th, attended via zoom the Local Summit on how the CRC (Community Resource Center) is rebuilding for the future. The next Local Summit is on November 8th and the topic will be Community Responses to Student Mental Health -- students are struggling post-COVID and experts are coming to talk about how to manage stress and how we can all help. Please visit www.localsummitim.org for more information or visit LMC Media to view the meetings. • Recently attended two events hosted by the League of Women Voters. The first was the Congressional District 16 Debate and the second was a talk on the Environmental Bond Act. For information on either, and to watch the videos, please visit Page 198 of 233 Town Board October 19, 2022 www.lwvlm.org. • Attended a Library Board Meeting. The Larchmont Library and Friends of the Library have many live and in person events on offer, visit www.larchmontlibrary.org for more information and a full listing of events. • Also attended the Repair Cafe, which was fabulous and kept so many items out of a landfill. Councilwoman Nichinsky • Sadly, missed the recent WMOA meeting and the Repair Cafe, as she took her first vacation since 2020. • Attended a Planning Board meeting, where they are seeing a lot of new construction as well as reviewing several laws presented to them. • Missed the most recent Housing Authority meeting, but referring to the agreement authorized earlier tonight, noted it was nice to know that the Housing Authority will have a home at the Town Center for their important documents, as well as the clerical support that they need to succeed. Town Clerk's Report The Town Clerk mentioned the following key dates for the November General Election: Absentee ballot deadlines: • Request ballot (received by) October 24th • Return ballot (postmarked by) November 8th • Return ballot in person by November 8th by 9pm Voting deadlines: • Early voting available October 29th through November 6th at the Town Center • In -person November 8, your assigned polling place For more information visit: www.elections.ny.gov Adjournment Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the meeting was unanimously adjourned. Next Regularly Scheduled Meeting - November 2, 2022 Submitted by Allison May, Town Clerk Carried Page 199 of 233 ` Town of Mamaroneck Town Board Minutes w F, Monday, October 3, 2022, Conference Room C, Ground Floor of Town Center 5:00 PM PRESENT: Jaine Elkind Eney, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman Robin Nichinsky, Councilwoman ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney Lindsey M. Luft, Assistant to Town Administrator Tracy Yogman, Town Comptroller 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, the meeting opened at 5pm. Opening Carried WORK SESSION ITEMS 1. Request for Executive Session There was no Executive Session necessary, the Town Board moved directly to item number two. 2. Discussion - Property Tax Levy in Excess of the Limit Established in General Municipal Law The Town Administrator explained that a local law is necessary to authorize a property tax levy in excess of the limit established in General Municipal Law 3-c. The Administrator added that the tentative budget that will be discussed for next year, may or may not require the Town to exceed the tax cap. Even if the Board makes changes to that tentative budget to reduce it below the tax cap, the Administrator believes it is worthwhile to have the proposed local law in place. The Administrator added that this does not bind the Board in any way with regards to a final decision on the budget. Attorney Maker pointed out that the law will sunset after the budget is established, so the Board will not need to repeal the law. The Board agreed to set a date for a Public Hearing on the proposed law. 3. Discussion - Housing Authority Agreement Page 200 of 233 Town Board October 3, 2022 The Town Administrator presented a proposed agreement for the Town with the Housing Authority. The Administrator explained that this agreement formalizes the relationship between the Town and the Housing Authority. The agreement includes a nominal charge for the secretarial and record keeping services that the Town currently provides and will continue to provide under the agreement. The Housing Authority is also meeting today, October 3rd, so the Administrator suggested the Housing Authority be given time to review the agreement prior to the Town Board taking further action. The Board asked about the Town's relationship with the Housing Authority. The Town Attorney clarified that the Housing Authority is organized as a separate entity. The Board wondered if the Housing Authority might present a quarterly to the Town Board, similarly to what the Police Chief had done at the Town Board meeting of October 3rd. The Town Administrator and Town Attorney agreed to investigate for the Board. 4. Discussion - Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 The Town Supervisor explained that the attached Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022, was forwarded to her from Westchester County Executive George Latimer. The Supervisor highlighted many reasons the Town Board should support the Bond Act and requested the Board resolve to support passage of the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022. The Board agreed to vote to support with a Resolution later in the evening. 2022-10-03 Clean Water Bond Act copy 5. Discussion - Bid Award - TA-22-13 - Memorial Park Walkways & Sidewalk Replacement The Town Administrator explained that bid procurement was recently completed for the Memorial Park Walkways and Sidewalk Replacement (TA-22-13) and explained the scope of the project. Councilman King then described the refurbishment of the playground at Memorial Park expected to be completed in Spring of 2023. The Board discussed the possible benefits of the sidewalk project happening after, or in conjunction with, the playground refurbishment. The Town Board decided not to award the Memorial Park Walkways and Sidewalk Replacement bid at this time. 6. Discussion - Food Service Establishment Permit Renewals - Meals on Wheels and Senior Nutrition Program The Administrator presented the Board the Westchester County Department of Health Permit to Operate Renewal Application, explaining it is a requirement to operate both the Town's Senior Nutrition Program, held at the Senior Center, as well as the Meals on Wheels Program. The Administrator noted that the current permit to operate these food services is expiring and the Town must now submit a renewal application and complete the Certificate of Resolution for Authorization by the Town Board in order to continue the programs. Discussion - Tree Law The Town Supervisor recapped the proposed revisions to the Town's Tree Law as discussed at the Town Board Work Session on July 20, 2022. Attorney Maker agreed to prepare a revised Tree Law, incorporating the proposed changes. 8. Updates The Town Supervisor reviewed the next steps for REALM's proposed monument at the Town center, noting that ideally it be smaller in scale and more subdued. The Board discussed REALM's idea to perhaps build the monument into the side of the hill at the Town Center. Councilman King noted the monument to the enslaved laborers at the University of Virginia and Councilwoman Nichinsky noted the Holocaust Page 201 of 233 Town Board October 3, 2022 Memorial at WJC -- both of which are built into the ground. The Supervisor will request renderings of the options for review by the Town Board. (For additional information, please see Attachment A, an email from Judy Silberstein to the Town Supervisor and Town Board.) The Town Supervisor introduced the idea of a 25 mile per hour speed limit in the Town, now possible with the New York State Legislation (A. 1 007-A/S.2021-A) authorizing municipalities to reduce speed limits to 25 miles per hour. The Board briefly discussed the pros and cons of moving to the reduced speed, and then requested that the Town Administrator provide an estimate of the cost to replace the speed limit signs throughout the Town. The Board requested an update on the Weaver Street Sidewalk and requested confirmation of where the sidewalk begins and ends. The Board noted ongoing issues with iCompass on the iPads. The Board requested an automatic email be sent when the agenda has been posted and when an item is updated or changed. The Town Administrator confirmed that going forward, the Board will receive an email to alert them when an agenda has been posted. If any changes are then made to the agenda, another email will be sent letting the Board know what has been changed and providing any related attachments. The Town Supervisor invited the Board to the New York Rangers event at the Hommocks Ice Rink on October 28th, where the Supervisor will retire a Lunde #1 jersey. The Supervisor also invited the Board to the Fire Department Halloween candy distribution on October 31 st at 5pm. Councilman King requested that the Board consider setting up a scholarship fund for low-income students and, or new students to attend Friday night skate and cover skate rentals as well. Councilman King suggested that a scholarship or funds could be based on a predetermined income threshold developed in conjunction with school social workers. The Town Administrator agreed to research the idea. 9. Changes to Regular Meeting Agenda The Board agreed to remove item number four in Affairs of the Town on the agenda for the Regular Meeting; the Board will not award the bid tonight. The Board also agreed to move Public Hearing number one to Affairs of the Town number eight, to set a Public Hearing for October 19th. 8:00 PM Town Board Regular Meeting The Town Board meeting convened in Conference Room C, located on the first floor of the Town Center. The Public was able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org. Call to Order The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. Supervisor's Report Welcome to the October 3, 2022, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session here at the Town Center in Conference Room D starting at 5:00pm, which is open to the Public. Comprehensive Plan: This phase of the public comment period has been completed. Now the consultants are drafting the framework for the comprehensive plan which will be reviewed by the Comprehensive Plan steering committee and the Town Board. After that, there will be an opportunity for further public review so stay tuned. Seasonal Changes: Page 202 of 233 Town Board October 3, 2022 Now that it's fall, there are some seasonal changes to the Town Services that are coming up: Organic Collection (leaves, twigs, grass) by the sanitation staff ends on October 31. After that, organics can be brought down to the sanitation yard. Leaf Collection by the highway department starts October 15 The seasonal Leaf Blower Ban in effect from June 1 ended on September 30 for the season. Paving: We have completed our paving for the season —the roads affected are looking really great. In addition, we completed the repaving and landscaping of the Senior Center Parking Lot. The paving was completed partially with CDBG grant funds and the landscaping was completed partially with a grant from the Garden Club. It really looks terrific! Events: • On Thursday, September 22, Meredith, and I attended by zoom a meeting with the County where we discussed the possibility of sewer consolidation, meaning that the county would take over the operation of the sewer system. This would be beneficial because it is a service that would be more efficiently addressed on a regional level. More to follow.... • On September 28, I attended a Westchester Joint Waterworks Meeting where the Trustees determined that the Final Environmental Impact Statement in connection with the construction of the new water filtration plant is complete. The next step is the WJWW board will consider adoption of findings, the last step of the environmental review process. SEQRA. Then any local (Harrison Planning Board/County Legislators for land swap)/state (DOH, DEC, DEP) /federal (FAA, EPA) agency with approval or permit authority over the project can begin their review. • October 1, 2022, Sadly the Food Truck Festival had to be cancelled due to inclement weather. Unfortunately, we were unable to provide a rain date because all of the Food Trucks are booked solid, so they weren't able to make a rain date. • October 2, 2022, I attended an Intergenerational Walk hosted by At Home on the Sound at Harbor Island Park. While the weather wasn't perfect, the park was still beautiful, and it is always great to be outdoors enjoying the many parks available in our community. Next item on the agenda is public hearings. Public Hearing(s) The following Notice of Public Hearing is entered into the record as follows: 1. Amendment of the Cost for Renewing Building Permits Because of a delay in posting this Public Hearing, the Board agreed to move this to Affairs of the Town, item number eight, in order to post a Public Hearing for Wednesday, October 19, 2022, at 8pm. 2. Model Code for Flood Damage Prevention Law 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 Monday, October 3, 2022, at 8:00 PM or as soon thereafter as is possible, to consider the "Flood Damage Prevention" law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: The potential and/or actual damages from flooding and erosion may be a problem to Page 203 of 233 Town Board October 3, 2022 the residents of the Town of Mamaroneck and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages, the State of New York has promulgated a model law. This local law will adopt that model law. 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.ora/. 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: September 27, 2022 Moved by Councilman King, seconded by Councilwoman Katz the Public Hearing was unanimously opened. Carried Entered into the record, attached email from Ralph Engel. There were no other public comments. Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz the Public Hearing was unanimously closed. Carried Moved by Councilwoman iddelman, seconded by Councilwoman Nichinsky the following local law on 'Flood Damage Prevention' was approved: This Local Law No. 4 - 2022 This local law shall be known as the "Flood Damage Prevention" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1— Puraose: The potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Mamaroneck and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages, the State of New York has promulgated a model law. This local law adopts that model law. Section 2 — Amendment of a current section of the Mamaroneck Code: Chapter 110 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place. - Chapter 110 Flood Prevention Page 204 of 233 Town Board October 3, 2022 § 110-1 Findings §110-2 Statement of purpose §110-3 Objectives § 110- 4 Definitions General Provisions §110-5 Lands to which this chapter applies § 110-6Basis for establishing the areas of special flood hazard § 110-7 Interpretation and conflict with other laws §110-8 Severability § 110-9 Penalties for non-compliance §110-10 Warning and disclaimer of liability Administration §110-11 Designation of the local administrator §110-12 The floodplain development permit §110-13 Duties and responsibilities of the local administrator §110-14 General construction standards §110-15 Subdivision proposals §110-16 Encroachments § 110-17 Standards for all structures §110-18 Storage tanks §110-19 Residential structures (Elevation) §110-20 Non-residential structures (Elevation) §110-21 Manufactured homes and recreational vehicles §110-22 Accessory structures including detached garages Variance Procedure §110-23 Appeals board §110-24 Conditions for variances §110-1 FINDINGS The Town Board of the Town of Mamaroneck finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Mamaroneck and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted. §110-2 STATEMENT OF PURPOSE It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities, (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction, (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters, (4) control filling, grading, dredging and other development which may increase erosion or flood damages, (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and Page 205 of 233 Town Board October 3, 2022 (6) qualify and maintain for participation in the National Flood Insurance Program. §110-3 OBJECTIVES The objectives of this chapter are: (1) to protect human life and health, (2) to minimize expenditure of public money for costly flood control projects, (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public, (4) to minimize prolonged business interruptions, (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard, (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas, (7) to provide that developers are notified that property is in an area of special flood hazard, and (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. §110-4 DEFINITIONS Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Accessory Structure" is a structure used solely for parking (two -car detached garages or smaller) or limited storage, represent a minimal investment of not more than 10 percent of the value of the primary structure, and may not be used for human habitation. "Appeal" means a request for a review of the Local Administrator's interpretation of any provision of this chapter or a request for a variance. "Area of shallow flooding" means a designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, Al-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or 100-year floodplain. For purposes of this chapter, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard." "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Page 206 of 233 Town Board October 3, 2022 "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. "Building" see "Structure" "Cellar" has the same meaning as "Basement". "Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. "Elevated building" means a non -basement building (i) built, in the case of a building in Zones Al-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards. "Federal Emergency Management Agency" means the Federal agency that administers the National Flood Insurance Program. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above. "Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. "Flood Elevation Study" means an examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an Page 207 of 233 Town Board October 3, 2022 examination, evaluation and determination of flood- related erosion hazards "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" see "flood elevation study". "Floodplain" or "Flood -prone area" means any land area susceptible to being inundated by water from any source (see definition of "Flooding'). "Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. "Floodway" - has the same meaning as "Regulatory Floodway" "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long- term storage, manufacturing, sales, or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Historic structure" means any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior, or (4) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. "Local Administrator" is the person appointed by the Town Board to administer and implement this chapter by granting or denying development permits in accordance with its provisions. "Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not Page 208 of 233 Town Board October 3, 2022 considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this chapter. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a "Recreational vehicle" "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Mobile home" - has the same meaning as 'Manufactured home". "New construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. "One -hundred -year flood" or "100-year flood" has the same meaning as "Base Flood". "Principally above ground" means that at least 51 percent of the actual cash value of the structure, excluding land value, is above ground. "Recreational vehicle" means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 110-13 B of the Code. "Start of construction" means the date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or Page 209 of 233 Town Board October 3, 2022 the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a "Historic structure'; provided that the alteration will not preclude the structure's contin-ued designa-tion as a "Historic structure". "Variance" means a grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. GENERAL PROVISIONS §110-5 LANDS TO WHICH THIS CHAPTER APPLIES This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Mamaroneck. §110-6 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard for the Town of Mamaroneck, Community Number 360917 are identified and defined on the following documents prepared by the Federal Emergency Management Agency: 1. Flood Insurance Rate Map Panel Numbers: 36119C0332F, 36119C0334F, 36119C0342F, 36119C0351 F, 36119C0353F, 36119C0361F whose effective date is September 28, 2007, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction. 2. A scientific and engineering report entitled "Flood Insurance Study, Westchester County, New York, All Jurisdictions" dated September 28, 2007. Page 210 of 233 Town Board October 3, 2022 3. Letter of Map Revision (LOMR), Case No.: 22-02-0217P, effective December 1, 2022, revising FIRM panel: 36119C0342F, dated September 28, 2007. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at: 740 West Boston Post Road, Mamaroneck, NY 10543. §110-7 INTERPRETATION AND CONFLICT WITH OTHER LAWS This chapter includes all revisions to the National Flood Insurance Program through October 27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. §110-8 SEVERABILITY The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. §110-9 PENALTIES FOR NON-COMPLIANCE No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Mamaroneck from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under section 110-23 and section 110-24 of the Code will be declared non -compliant and notification sent to the Federal Emergency Management Agency. §110-10 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Mamaroneck, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made there under. ADMINISTRATION §110-11 DESIGNATION OF THE LOCAL ADMINISTRATOR The Building Inspector or in the absence of a Building Inspector, the Director of Page 211 of 233 Town Board October 3, 2022 Building Code Enforcement and Land Use Administration is the Local Administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. The Local Administrator may designate a person to act as the Local Administrator in connection with any matter to which this chapter applies. §110-12 THE FLOODPLAIN DEVELOPMENT PERMIT A. PURPOSE A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in section 110-6 of the Code without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimen-sions, and eleva-tions of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. B. FEES All applications for a floodplain development permit shall be accompanied by an application fee of $ 250.00. In addition, the applicant shall be responsible for reimbursing the Town of Mamaroneck for any additional costs necessary for review, inspection, and approval of this project. The Local Administrator may require a deposit of no more than $500.00 to cover these additional costs. C. APPLICATION FOR A PERMIT The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. (1) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved residential structure to be located in a special flood hazard area. Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as -built elevation, certified by a licensed professional engineer or surveyor. (2) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved non-residential structure to be located in Zones A 1-A30, AE, or AH or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as -built elevation, certified by a licensed professional engineer or surveyor. (3) The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permitee shall submit to the Local Administrator the as -built floodproofed elevation, certified by a professional engineer or surveyor. (4) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in section 110-17 C of the Code (UTILITIES). (5) A certificate from a licensed professional engineer or architect that any non- residential floodproofed structure will meet the floodproofing criteria in section 110-20 of the Code (NON-RESIDEN-TIAL STRUCTURES— ELEVATION). Page 212 of 233 Town Board October 3, 2022 (6) A description of the extent to which any watercourse will be altered or relocated because of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in section 110-6 of the Code, when notified by the Local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. (7) A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be in an area of special flood hazard may result in physical damage to any other property. (8) In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres. §110-13 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Local Administrator shall include, but not be limited to the following. A. PERMIT APPLICATION REVIEW The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit: (1) Review all applications for completeness, particularly with the requirements of section 110-12 (C) of the Code (APPLICATION FOR A PERMIT) and for compliance with the provisions and standards of this law. (2) Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of sections 110-14 through and including 110-22 of the Code and, in particular, sub -section 110-15 (SUBDIVISION PROPOSALS). (3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Local Administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of sections 110-14 through and including 110-22 of the Code, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re -submit the application. (4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by State or Federal law. B. USE OF OTHER FLOOD DATA (1) When the Federal Emergency Management Agency has designated areas of Page 213 of 233 Town Board October 3, 2022 special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to section 110-12 (C) (7) of the Code, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this law. (2) When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this law. (3) When an area of special flood hazard, base flood elevation, and/or floodway data are available from a Federal, State or other authoritative source, but differ from the data in the documents enumerated in section 110-6 of the Code, the Local Administrator may reasonably utilize the other flood information to enforce more restrictive development standards. C. ALTERATION OF WATERCOURSES (1) Notification to adjacent municipalities that may be affected and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Administrator, Region ll, Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not dimin-fished. D. CONSTRUCTION STAGE (1) In Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as -built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recre-ational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (2) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected. E. INSPECTIONS The Local Administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. F. STOP WORK ORDERS (1) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found ongoing without a development permit. Disregard Page 214 of 233 Town Board October 3, 2022 of a stop work order shall subject the violator to the penalties described in section 110-9 of the Code. (2) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found non -compliant with the provisions of this law and/or the conditions of the development permit. Disregard of a stop work order shall subject the violator to the penalties described in section 110-9 of the Code. G. CERTIFICATE OF COMPLIANCE (1) In areas of special flood hazard, as determined by documents enumerated in section 110-6 of the Code, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this chapter. (2) A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all development in areas of special flood hazard. (3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in section 110-13 (E) of the Code (INSPECTIONS), and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. H. INFORMATION TO BE RETAINED The Local Administrator shall retain and make available for inspection, copies of the following: (1) Floodplain development permits and certificates of compliance, (2) Certifications of as -built lowest floor elevations of structures, required pursuant to section 110-13 (D) (1) and section 110-13 (D)(2) of the Code, and whether or not the structures contain a basement, 1. Floodproofing certificates required pursuant to section 110-13 (A) of the Code and whether or not the structures contain a basement, (4) Variances issued pursuant to sections 110-23 and 110-24 of the Code, and (5) Notices required under section 110-13 (C) of the Code (ALTERATION OF WATERCOURSES). §110-14 GENERAL CONSTRUCTION STANDARDS The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in section 110-6 of the Code. §110-15 SUBDIVISION PROPOSALS The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (1) Proposals shall be consistent with the need to minimize flood damage, (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall Page 215 of 233 Town Board October 3, 2022 be located and constructed so as to minimize flood damage, and (3) Adequate drainage shall be provided to reduce exposure to flood damage. §110-16 ENCROACHMENTS (1) Within Zones Al-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements, or other development (including fill) shall be permitted unless: (i) the applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or, (ii) the Town of Mamaroneck agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received, and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Mamaroneck for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Mamaroneck for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in section 110-6 of the Code, no new construction, substantial improvements, or other development in the floodway (including fill) shall be permitted unless: (i) a technical evaluation by a licensed professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that such an encroachment shall not result in pey increase in flood levels during occurrence of the base flood, or, (ii) the Town of Mamaroneck agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received, and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Mamaroneck for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Mamaroneck for all costs related to the final map revisions. (3) In Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, if any development is found to increase or decrease base flood elevations, the Town shall as soon as practicable, but not later than six months after the date such information becomes available, notify FEMA and the New York State Department of Environmental Conservation of the changes by submitting technical or scientific data in accordance with standard engineering practice. §110-17 STANDARDS FOR ALL STRUCTURES The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in section 110-6 of the Code. A. ANCHORING New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. B. CONSTRUCTION MATERIALS AND METHODS Page 216 of 233 Town Board October 3, 2022 (1) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones A 1-A30, AE, AO or A, new and substantial-ly improved structures shall have fully enclosed areas below the lowest floor that are use -able solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a licensed profes-sional engineer or architect or meet or exceed the following minimum criteria: (i) a minimum of two openings of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings no higher than one foot above the lowest adjacent finished grade and; (iii) openings not less than three inches in any direction. Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub -grade on all sides are considered basements and are not permitted. C. UTILITIES (1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation, at least three feet above the highest adjacent grade in a Zone A without an available base flood elevation where permitted, or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations. (2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with auto-matic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall. 2. On -site waste disposal systems shall be located to avoid impairment to them or contamina-tion from them during flooding. §110-18 STORAGE TANKS 1. Underground tanks shall be anchored to prevent flotation, collapse, and lateral movement during conditions of the base flood. 2. Above -ground tanks shall be: Page 217 of 233 Town Board October 3, 2022 a. anchored to prevent floatation, collapse or lateral movement during conditions of the base flood or, b. installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in section 110-6 of the Code plus two feet. §110-19 RESIDENTIAL STRUCTURES (ELEVATION) The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the require-ments in section 110-15 (SUBDIVISION PROPOSALS), section 110-16 (ENCROACHMENTS), and section 110-17 (STANDARDS FOR ALL STRUCTURES) of the Code. (1) Within Special Flood Hazard Areas, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation. (2) Within Zone A, if the Base flood elevation is not specified, a base flood elevation shall be determined by either of the following: a. Obtain and reasonably use data available from a federal, state, or other source plus 2 feet of freeboard or: b. Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering practices, plus freeboard. Determinations shall be undertaken by a registered design professional who shall be documented that the technical methods used reflect currently accepted engineering practice. Studies, analyses, and computations shall be submitted in sufficient detail to allow thorough review and approval. (3) Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in section 110-6 of the Code plus two feet of freeboard, or not less than 3 feet if a depth number is not specified. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed struc-tures on slopes. §110-20 NON-RESIDENTIAL STRUCTURES (ELEVATION) The following standards apply to new and substantially improved commercial, industrial, and other non-residential structures located in areas of special flood hazard, in addition to the requirements in section 110-15 (SUBDIVISION PROPOSALS), section 110-16 (ENCROACHMENTS) and section 110-17 (STANDARDS FOR ALL STRUCTURES) of the Code. (1) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non-residential structure shall either: (i) have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or (ii) be floodproofed so that the structure is watertight below two feet above the base flood elevation, including attendant utility and sanitary facilities, with walls substan-tially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and Page 218 of 233 Town Board October 3, 2022 hydrodynamic loads and the effects of buoyancy. (2) Within Zone AO, new construction and substantial improvements of non- residential structures shall: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM plus two feet (at least three feet if no depth number is specified), or (ii) together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in section 110-20 (1)(ii) of the Code. (3) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Floodproofing Certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of section 110-20 (1)(ii) of the Code, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. 1. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. §110-21 MANUFACTURED HOMES AND RECREATIONAL VEHICLES The following standards in addition to the standards in section 110-14 (GENERAL STANDARDS) and section 110-17 (STANDARDS FOR ALL STRUCTURES) of the Code apply, as indicated, in areas of special flood hazard to manufactured homes and to recre-ational vehicles which are located in areas of special flood hazard. (1) Recreational vehicles placed on sites within Zones A 1-A30, AE and AH shall either: (i) be on site fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the requirements for manufactured homes in section 110-21(2), (3) and (4) of the Code. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. (2) A manufactured home that is placed or substantially improved in Zones A 1-A30, AE, AH and Zone A shall be elevated on a permanent foundation such that the bottom of the frame of the manufactured home chassis is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (3) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in section 110-6 of the Code plus two feet (at least three feet if no depth number is specified). Page 219 of 233 Town Board October 3, 2022 (4) The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with section 110-17 (A) of the Code (ANCHORING). §110-22 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in section 110-6 of the Code. (1) Within Zones Al-A30, AE, AO, AH, A, accessory structures must meet the standards of section 110-17 (A) of the Code (ANCHORING), (2) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, areas below two feet above the base flood elevation shall be constructed using methods and practices that minimize flood damage. (3) Within Zones AO and Zone A, if base flood elevation data are not available, areas below three feet above the highest adjacent grade shall be constructed using methods and practices that minimize flood damage. (4) Structures must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters in accordance with section 110-17 (B) of the Code. (5) Utilities must meet the requirements of section 110-17 (C) of the Code (UTILITIES). VARIANCE PROCEDURE §110-23 APPEALS BOARD (1) The Planning Board as established by the Town of Mamaroneck shall hear and decide appeals and requests for variances from the requirements of this chapter. (2) The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this chapter. (3) Those aggrieved by the decision of the Planning Board may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. (4) In passing upon such applications, the Planning board, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and (i) the danger that materials may be swept onto other lands to the injury of others, (ii) the danger to life and property due to flooding or erosion damage, (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, (iv) the importance of the services provided by the proposed facility to the community, (v) the necessity to the facility of a waterfront location, where applicable, Page 220 of 233 Town Board October 3, 2022 (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage, (vii) the compatibility of the proposed use with existing and anticipated development, (viii) the relationship of the proposed use to the comprehensive plan and floodplain management program of that area, (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles, (x) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding, (xi) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of section 110-23 (4) of the Code and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (6) The Local Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request. §110-24 CONDITIONS FOR VARIANCES (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xii) in section 110-23 (4) of the Code have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the repair or rehabilitation of historic structures upon determination that (i) the proposed repair or rehabilitation will not preclude the structure's continued designation as a 'Historic structure", and (ii) the variance is the minimum necessary to preserve the historic character and design of the structure. (3) Variances may be issued by a community for new construction and substantial improvements and for other develop-ment necessary for the conduct of a functionally dependent use provided that: (i) the criteria of section 110-24 (1), (4), (5) and (6) of section 110-24 of the Code are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Page 221 of 233 Town Board October 3, 2022 (5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (6) Variances shall only be issued upon receiving written justifi-cation of- (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing this chapter or ordinances. (7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that. (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in section 110-13 (H) of the Code. 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. Carried 3. Revision of Chapter 99 of the Code of the Town of Mamaroneck 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 Monday, October 3, 2022 at 8:00 PM or as soon thereafter as is possible, to consider the "Revision of Chapter 99 of the Code of the Town of Mamaroneck" law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: This local law regarding the use of property in the unincorporated area of the Town for filming productions or taking photographs to be used for commercial purposes was adopted in 1997. This law updates the existing law and continues to allow, but regulate, the use of property for filming advertising, motion -pictures, television shows, Page 222 of 233 Town Board October 3, 2022 productions that can be viewed on computers, telephones or other devices, and for taking photographs to be used in commercial enterprises. Such regulation is intended to allow such activities in a way that is compatible and does not unduly interfere with the day-to-day activities of the Town's residents and merchants. 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: September 27, 2022 Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz the Public Hearing was unanimously opened. Carried There were no public comments. Moved by Councilman King, seconded by Councilwoman Katz the Public Hearing was unanimously closed. Carried Moved by Councilman King, seconded by Councilwoman Fiddelman On motion of Councilman King, seconded by Councilwoman Fiddelman, the following local law was approved: Local Law No. 5 - 2022 This local law shall be known as the "Revision of Chapter 99 of the Code of the Town of Mamaroneck" law. Section 1— Puroose This local law regarding the use of property in the unincorporated area of the Town for filming productions or taking photographs to be used for commercial purposes was adopted in 1997. This law updates the existing law and continues to allow, but regulate, the use of property for filming advertising, motion -pictures, television shows, productions that can be viewed on computers, telephones or other devices, and for taking photographs to be used in commercial enterprises. Such regulation is intended to allow such activities in a way that is compatible and does not unduly interfere with the day-to-day activities of the Town's residents and merchants. Section 2 — Reaeal and Realacement of a current chaater of the Mamaroneck Code: Chapter 99 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Chapter 99 Filming § 99-1. Intent Page 223 of 233 Town Board October 3, 2022 U9-2 Definitions §99-3 License required §99-4 Application for license §99-5 Action by the Administrator U9-6 General requirements §99-7 Limitation on filming §99-8 License fee §99-9 Insurance and bond §99-10 Appeals §99-11 Suspension or revocation of license §99-12 Penalties for offenses §99-13 Enforcement § 99-1. Intent. It is the intent of the Town Board to allow, but regulate, the use of property within the unincorporated area of the Town for filming advertising, motion -pictures, television shows, productions that can be viewed on computers, telephones or other devices, and for taking photographs to be used in commercial enterprises. Such regulation is intended to allow such activities in a way that is compatible and does not unduly interfere, with the day-to-day activities of the Town's residents and merchants. 99-2 Definitions. As used in this section, the following terms shall have the meanings indicated: ADMINISTRATOR The Town Administrator or a person designated by the Town Administrator. FILMING The recording, by any medium, of advertising, motion -pictures, television shows, productions that can be viewed on computers, telephones or other devices and the taking of photographs to be used in commercial enterprises. Notwithstanding the previous sentence, "filming" does not include recordings done by or on behalf of the Town, the coverage of news, political, cultural, local sports or school events or the recording of public service announcements. LICENSEE Any person or entity whose application fora license under this chapter has been approved. PUBLIC PROPERTY Any property located within the unincorporated area that is owned or leased by the Town of Mamaroneck or that the Town of Mamaroneck has the right to use. UNINCORPORATED AREA The unincorporated area of the Town of Mamaroneck. § 99-3 License required. No person or entity shall film in the unincorporated area on either public or private property, unless a license is issued pursuant to this chapter. 99-4 Application for license. The license prescribed by this chapter shall be issued by the Administrator. An application therefor shall be filed in the office of the Administrator at least seven (7) days before the first day proposed for filming. It shall be on a form containing such information as may be determined by the Administrator. At a minimum, the application shall require (i) the proposed location for the filming, (ii) the proposed production Page 224 of 233 Town Board October 3, 2022 schedule, (iii) a description of any activities where there is a risk of injury, such as car chases, jumps or falls from windows or roofs, fighting, the use of weapons or like activities, (iv) a statement of whether explosives will be used and if so, where the explosives will be stored, and (v) a list of all vehicles that will be used during filming or will be driven by the persons engaged in the filming. After reviewing the application, the Administrator may request such additional information that in the Administrator's sole judgment is necessary to determine whether to issue the license. 99-5 Action by the Administrator. A. The Administrator may approve or deny any application or place conditions or limitations on a license if filming on the dates and at the times requested would conflict with other scheduled events in the area , would be detrimental to the community because of anticipated excessive noise, excessive illumination, unreasonable disruption of traffic, potential danger to persons or property that could be caused by the proposed filming, or would unduly interfere with the day-to-day activities of the Town's residents or merchants or would otherwise interfere with public health, safety and welfare. B. If the application is approved, the Administrator shall issue a license which shall specify the days, the hours and the location for filming and contain the conditions and limitations, if any, imposed by the Administrator. C. The filming shall adhere strictly to the information and representations contained in the application, the submissions that accompany the application when it is made and any other information submitted to the Administrator. 99-6 General requirements. A. Prior to the first day of filming, the licensee must give written notice of the filming to properties that are contiguous to the location of the filming and to residents within one hundred (100) feet of that location. B. The filming shall be conducted so as not to interfere with access to fire lanes. No objects shall not be placed within fifteen (15) feet of fire hydrants or in passageways leading to fire escapes or fire lanes. Accessible parking spaces shall be kept free of objects. C. Any costs that are incurred by the Town by reason of the filming shall be borne by the licensee. The Administrator may estimate such costs and require the licensee to pay the amount of the estimate before filming commences. § 99-7 Limitation on filming. No more than fifteen (15) days of filming shall occur on private property or on streets lying within the R-TA, R-A, R-GA, R-2F, R-6, R-7.5, R-10, R-15, R-20, R-30 or R-50 zoning districts in any calendar year. Upon a showing of undue hardship, the Town Administrator may allow filming to occur at a property for up to eighteen (18) days in a calendar year. 99-8 License fee. The fees for applying for, and for a license itself are listed in section A-250-1 of the Code. The Town of Mamaroneck, the Mamaroneck Union Free School District, the United States, the State of New York and the County of Westchester shall be exempt from such fees. 99-9 Insurance and bond A. The license shall not be issued until the licensee furnishes an insurance policy in an amount not less than $1,000,000 indemnifying and holding harmless the Town of Mamaroneck, its officers, agents and employees from and against any claim, loss or damage that occurs during filming and for the payment of all damages for death, personal injury or property damage which may occur during filming by acts or Page 225 of 233 Town Board October 3, 2022 omissions of the licensee, its agents, employees, contractors or subcontractors. The insurance policy shall comply with the Minimum Insurance Requirements for Permits & Use of Property within the Town of Mamaroneck promulgated from time to time by the Town Administrator. B. In addition, the applicant must produce certificates of insurance showing that it is insured against any claim, loss or damage which may occur during filming and for the payment of all damages for death, personal injury or property damage which may occur during filming by acts or omissions of the licensee, its agents, employees, contractors or subcontractors. Such certificates also shall be approved by the Town Attorney. Further, the Town Administrator may require the posting of a bond in an appropriate case sufficient in amount to ensure that public property and any private property, other than the private property where the filming will take place, is restored to its condition prior to filming. 99-10 Appeals. Any person aggrieved by the denial of an application for a license or by the conditions imposed with such license may appeal the Administrator's decision to a Committee, consisting of the Town Supervisor and one Town Board member designated by the Town Board. The Committee shall review such appeal and may reverse, modify or affirm the action of the Town Administrator if the Committee finds that the action of the Town Administrator was arbitrary, capricious or not supported by substantial evidence. 99-11 Suspension or revocation of license A. The Administrator may suspend or revoke a license issued pursuant to this chapter for any of the following reasons: (1) Failure when filming to adhere to the information and representations contained in the application for the license, the submissions that accompany the application when it is made and any other information submitted to the Administrator, or (2) Failure to adhere to the conditions imposed upon the license by the Administrator, or (3) Disorderly conduct, conduct detrimental to the health and safety of others or conduct constituting a breach of the public peace by the licensee, its agents, employees, contractors or subcontractors, or (4) Violation by the licensee, its agents, employees, contractors or subcontractors of any law or ordinance or any rule or regulation B. Notice of the suspension or revocation of a license may be given orally to the licensee or the person in charge of the filming, by electronic communication or in writing to the licensee at the address given by the licensee for such communication. C. The suspension or revocation of a license shall bar such licensee from applying for a new license within one year from the date of revocation. D. If a license is suspended or revoked, the applicant shall not be entitled to a refund of any portion of the license fee. � 99-12 Penalties for offenses. It shall be an offense for any person, firm or corporation to violate or to fails to comply with any provision of this chapter or any rule or determination made thereunder, or to undertake filming in the unincorporated area without first securing a license therefor. A person who commits such offense shall upon conviction, be punished by a fine of $250. Each day that a violation occurs shall be deemed a separate offense. 99-13 Enforcement. This chapter shall be enforced by Town Administrator, the Deputy Town Administrator, the Building Inspector, any Assistant Building Inspector, any Code Enforcement Officer, the Director of Building Code Enforcement and Land Use Administration, the Fire Inspector or any police officer. Page 226 of 233 Town Board October 3, 2022 Section 3 — Amendment of an existing section of the Mamaroneck Code: Section A250-1 of the Code of the Town of Mamaroneck hereby is amended by deleting the entries therein for § 99-6A and § 99-6B and inserting the following entries between the entries for § 95-30A and § 106-20A: Code Subject Fee or Deposit Section § 99-8 Fee to apply for a license to film License fee for filming on public property License fee for filming on private property Section 4 — Severability: $500.00 $1.200.00 per day or any portion thereof $1,000.00 per day or any portion thereof Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5 — Effective Date: This Local Law shall become effective upon filing with the Secretary of State. September 23, 2022 FA Resident Comments Supervisor Elkind Eney asked if anyone in the audience had any comments for the Town Board. Cathy Sears, on behalf of the Larchmont Gardens Civic Association (LGCA), who resides on Hickory Grove Drive West, addressed the Board. Ms. Sears noted that she saw Town employees out trimming trees earlier in the day, which was terrific. She thanked the Board for the work the Town had completed on the catch basin, although noted earlier today she saw a large tree limb in the basin that needs to be removed. Ms. Sears asked the Board if there was a plan for dredging the catch basin. Administrator Robson reported that dredging the catch basin is planned for 2024 and noted that the Town had just completed the dredging of the forebay. Ms. Sears then requested an update on the water main fix at Lakeside Drive and Falls Road. The Town Supervisor replied that the money was approved, and it was decided to run the pipe along the bridge. Ms. Sears then asked about the painting of the traffic lines where Myrtle Boulevard meets Lakeside Drive, to which the Town Administrator replied that striping would be completed by the end of the week. Then, Ms. Sears asked about the timing of the repointing of the Gardens Arches, to which the Administrator replied that she would investigate and follow up with Ms. Sears. Next, Ms. Sears asked about paving on Valley Stream East. The Supervisor advised that the Town is waiting for the work on the bridge to be completed before progressing to paving. The paving will most likely not be completed until next year, as the bridge had become an even bigger project after last year's storm. Ms. Sears then invited the Board to the LGCA's Halloween Walk on the Brook on October 29th, beginning around 2pm. Staff Comments/ Presentations There were no presentations. Page 227 of 233 Town Board October 3, 2022 Board of Fire Commissioners Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner King and seconded by Commissioner Fiddelman the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky 2. Fire Claims Commissioner Jeffery King presented to the Board of Commissioners the Town of Mamaroneck Fire Department claims, as certified by Chief Shaun Hughes and submitted to the Comptroller's Office for payment. (See Fire Claims, Attachment B.) Moved by Councilman King, seconded by Councilwoman Katz, it was Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Carried 3. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner Fiddelman, Seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. Affairs of the Town of Mamaroneck Referral of Update in the Regulation of Wireless Telecommunications Facilities Law to Planning Board Attorney Maker explained that as this law would amend the zoning ordinance, section 240-92 B of the Town Code, before the Town Board can act upon it, the Town Board is required to refer the proposed law to the Planning Board. The Planning Board will then have 45 days in which to review and render a report or response to the Board on the proposed law. Therefore, he asked that the Town Board refer the Update in the Regulation of Wireless Telecommunications Facilities Law to the Planning Board. Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, it was Resolved that the Town Board hereby refers the "Update in Regulation of Wireless Telecommunications Facilities Law" to the Planning Board for review and comment, pursuant to section 240-92 B. of the Town Code. Carried 2. Set Public Hearing - Property Tax Levy in Excess of the Limit Established in General Municipal Law The Town Supervisor explained that a public hearing is required for this proposed local law to be in place, in order to be able to plan to possibly exceed the property tax Page 228 of 233 Town Board October 3, 2022 cap in excess of the limit established by the State. The Supervisor added that the Town Board does this each year, believing it is prudent to prepare by having this local law in place should it be necessary during the budget process. Moved by Councilwoman Fiddelman, seconded by Councilman King, it was Resolved, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the "Property Tax Levy in Excess of the Limit Established in General Municipal Law" Law for Wednesday, October 19, 2022, at 8:00 p.m., at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, Resolved, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said Notice, be posted. Carried Carried 3. Resolution Supporting Passage of Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 Town Supervisor Elkind Eney introduced the resolution, stating that in the fiscal year 2023 State Budget, Governor Kathy Hochul and the Legislature proposed funding for the "Clean Water, Clean Air, and Green Jobs Environmental Bond Act" of $4.2 billion. If approved by voters in November 2022, the Bond Act will provide at least: • $1.5 billion for climate change mitigation • $1.1 billion for restoration and flood risk reduction • $650 million for open space land conservation and recreation • $650 million for water quality improvement and resilient infrastructure • $300 million in unallocated At least 35% of the total funding must be spent in disadvantaged communities, with a goal of reaching 40%. The Supervisor highlighted that funding can also be used to complete other projects that preserve, enhance, and restore the quality of the state's environment. The Supervisor added that the act will provide funding for projects of great importance to Westchester Communities: • The $4.2 billion includes $1.1 billion towards flood risk reduction and coastal restoration projects of great importance to Sound Shore communities. • An additional $650 million will be devoted to clean water projects and includes a new stormwater grant program that will help local governments address infrastructure issues that were highlighted by Hurricane Ida last year. Local governments and property taxpayers cannot afford to pay to correct damaged or inadequately sized stormwater systems alone. • A major focus will be on climate change mitigation projects to reduce polluting emissions, encourage renewable energy production and clean energy through solar and geothermal heating and cooling systems. Electric school buses and electric vehicle charging infrastructure will receive support to match the growth in availability of these vehicles in upcoming years. • The bond act includes priority funding for neglected areas that have the greatest need to correct water and air quality pollution. • Open space and conservation projects will also receive support. The Supervisor noted that environmental bond issues allow state and local Page 229 of 233 Town Board October 3, 2022 governments to implement important environmental projects on a multi -year basis that could not be accomplished through annual operating budgets. As with major capital projects, sound financial practice is to spread the cost over the useful life of projects through the bond issue process. The Supervisor stated that tonight, we have before us, a proposed Town Board resolution in support of the "Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022" This resolution will appear on the back of your ballot on November 8tn Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, Whereas, providing clean drinking water and protecting our local rivers, bays, lakes, streams, and waterfronts from pollution is paramount to quality of life in New York State and the Town of Mamaroneck; and Whereas, modernizing water infrastructure will safeguard clean water, reduce flooding, reduce lead exposure and other public health threats, and create jobs; and Whereas, the Town of Mamaroneck is vulnerable to extreme weather including deadly heat from rising temperatures and flooding from severe storms that put people, properties and public assets across the Town of Mamaroneck at risk, and Whereas, upgrading transportation and stormwater infrastructure, restoring natural resources, growing urban forests, building green roofs, and upgrading cooling centers will reduce the impact of extreme weather, saving lives and money; and Whereas, the COVID-19 pandemic demonstrated the importance of outdoor recreation and access to fresh, local food, as people flocked to local parks and sought out healthy foods for their families; and Whereas, upgrades to facilities at state and local parks and preserves and the creation of new outdoor recreational areas will benefit our region by protecting wildlife habitat, providing more people access to nature, and creating jobs in the outdoor recreation economy, and Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 would authorize the four billion and two hundred million dollars of bonds to finance critical environmental restoration, clean water, and infrastructure projects across New York State; and Whereas, the funds would be targeted towards protecting clean water, reducing flood risk, restoring natural resources, protecting open space and farmland, and reducing the pollution that causes climate change; and Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 was passed by the New York State Legislature as part of the 2022-23 New York State Budget and will appear on the November 8, 2022, New York State General Election Ballot for voter approval, and Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 includes strong labor provisions and will support more than 84,000 family - sustaining jobs for New Yorkers; and Whereas, the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022 would enable New York State and the Town of Mamaroneck to address pollution and public health threats in disadvantaged communities by directing Page 230 of 233 Town Board October 3, 2022 at least 35% with a goal of 40% of the measure's funding to address hazardous conditions in such communities; now, therefore, be it Resolved, that the Town Board of the Town of Mamaroneck supports passage of the Clean Water, Clean Air, Green Jobs Environmental Bond Act of 2022. Carried 4. Award of Bid - TA-22-13 - Memorial Park Walkways & Sidewalk Replacement Town Supervisor Elkind Eney noted that this item was removed from the agenda during the Work Session earlier this evening. 5. Authorization - Food Service Establishment Permit Renewals - Senior Services Town Administrator Robson noted that the current permits required by Westchester County Department of Health to operate the Senior Nutrition Program held at the Senior Center and the Meals on Wheels Program are expiring. The Town is required to submit an annual renewal application and Certificate of Resolution in order to renew. Moved by Councilwoman Nichinsky, seconded by Councilman King, it was Resolved that the Town Board hereby authorizes submittal of the Food Service Establishment Permit. Carried 6. Salary Authorization - Junior Civil Engineer Moved by Councilman King, seconded by Councilwoman Katz, it was Resolved that the Town Board hereby, approve Emma Pennella's Junior Civil Engineer salary of $63, 240.00 effective October 3, 2022. Carried 7. Salary Authorization - Assistant Court Clerk Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was Resolved that the Town Board hereby authorizes the Town Administrator to sign the employment agreement with Barbara Marcello, as Assistant Court Clerk. Carried 8. Set a Public Hearing for the Amendment of the Cost for Renewing Building Permits Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, it was Resolved, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the "Amendment of the Cost for Renewed Building Permits" Law, for Wednesday, October 19, 2022, at 8:00 p.m., at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, Resolved, that the Town Clerk is hereby authorized to publish the notice of said Page 231 of 233 Town Board October 3, 2022 hearing in a newspaper appointed as an official newspaper, and that said Notice, be posted. Carried Reports of Minutes Report of Minutes from the September 21, 2022, Town Board Meeting Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of September 21, 2022. Carried Reports of the Council Councilman King • Noted the Recreation Department is hosting lifeguard certification classes beginning today. Six months from now the Town will be looking for lifeguards, so there are excellent job prospects as a result of participating in this training. • Mentioned that public skating began October first, skating lessons began last week, and House League Hockey begins next month. Please contact the Recreation Department for more information and to enroll in skating programs. • Praised the Recreation Department for all their effort in putting together the Food Truck Festival, even though it was cancelled Councilman King wanted to thank the Recreation Department for all their hard work. Councilwoman Katz • Attended a Traffic Committee Meeting last week. Commended Lt. Maher for his use of the tracking tool and monitoring of the data that shows how fast cars are travelling, in any given area once there are complaints of dangerous driving. Recommended people slow down and drive more carefully to increase safety in the Town. Looking forward to the training planned for the Committee for next month, at which Traffic Engineers will show the Committee other ways in which to increase safety in the community. Lastly, Deputy Supervisor/Councilwoman Katz thanked everyone on the Traffic Committee for their hard work. Councilwoman Fiddelman • Attended a Zoning Board meeting last Wednesday. It was a long, hard meeting, that went very late into the night, so Councilwoman Fiddelman thanked the Zoning Board for their hard work. • Wished those that observe a happy Jewish New Year and an easy fast. • Preemptively thanked Administrator Robson and all the Town Departments for their hard work on the 2023 budget which the Town Board will see at their next meeting. • Suggested that everyone visit the Larchmont Library website to review the myriad of interesting and fun programs that the library puts on both in person and on Zoom. Councilwoman Nichinsky • Missed the Housing Authority meeting this month because it conflicted with tonight's meeting. • Thanked all the Town Departments, especially the Recreation Department, for their work on the Food Truck Festival, even though it did not happen. • Reminded everyone that the Sustainability Collaborative is hosting a Repair Cafe on October 16t" Town Clerk's Report The Town Clerk noted that the Upper Deck of our 24hour Lot B started renovations as of today. If you are a lower -level parker, you do not need to move your vehicle now. All upper - level Lot B parkers must park elsewhere in the Washington Square Residential Parking area, or in Lot A, or in the metered spaces on Madison where you can park free of charge. Wherever you choose to park until the renovations are complete, please remember, you Page 232 of 233 Town Board October 3, 2022 must always display your Lot B upper -level parking permit. Also noted that the Town Clerk's office has started renewals of the Washington Square and Lester Place residential parking permits for 2022/2023. Please look for your renewal notice in your emails or contact the Town Clerks office at 381-7870 if you have any questions or we can help you in any way. Adjournment On motion of Councilman King, seconded by Councilwoman Fiddelman, the meeting was unanimously adjourned. Next Regularly Scheduled Meeting - October 19, 2022 Page 233 of 233 2023 BUDGET REVIEW UPDATES 11/2/2022 ✓ Mortgage Tax and Sales Tax will remain the same: • Real estate market slow down. • The County suspended sales tax on home energy costs from December 1,2022- February 28,2023. Budget Reduction Opportunities • Highway Projects funded through cash transfers can be bonded but we are concerned about the useful life that will be assigned by bond counsel • Hybrid Truck repower $45,000 • Riding Mower $33,200 • Overhead Lube System $60,000 Total $138,200 • Tax Certioraris can be reduced based on historical spending: • General Fund $30,000 • Part Town Fund $40,000 • Garbage District $10,000 Total $ 80,000 Total Tax Levy Reduction $218.200 2023 TAX RESULTS TENTATIVE PRELIMINARY Reduction TOTAL TAX LEVY REDUCTION $ 30,144,351 $ 29,926,151 $ (218,200) PRELIMINARY BUDGET TAX LEVY RATE 3.71% 2.96% -0.75% TAX INCREASE AV Value of$1,408,000 $ 418 $ 358 $ (60)