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HomeMy WebLinkAbout2024_05_08 Town Board Meeting Packet 0 w � FOUNDED 1661 Town of Mamaroneck Town Board Agenda Wednesday, May 8, 2024 All Work Sessions and Regular Meetings are open to the public. Page 5:00 PM THE TOWN BOARD WORK SESSION The Work Session will convene in Conference Room A located on the Second Floor at the Town Center. CALL TO ORDER WORK SESSION ITEMS 1. Discussion - Speed Hump Policy 5 - 11 Speed Hump Policy - Pdf 2. Discussion - Refinement of the Procedure for Processing Site Plan 12 - 31 Applications Refinement of the Procedure for Processing Site Plan Applications - Pdf 3. Discussion - Q2 2024 Capital Budget Amendments 32 - 36 Q2 2024 Capital Budget Amendments - Pdf 4. Discussion - NYSDOT BridgeNY Grant Documents PIN# 8763.18 — Rockland 37 - 73 Avenue Bridge Superstructure Replacement NYSDOT BridgeNY Grant Documents PIN# 8763.18 — Rockland Avenue Bridge Superstructure Replacement - Pdf 5. Discussion - Emergency Assessor Services 74 - 75 Emergency Assessor Services - Pdf 6. Discussion - Award of Bid TA-24-09 —Tree Watering Services 76 - 78 Award of Bid TA-24-09—Tree Watering Services - Pdf 7. Discussion - Comprehensive Plan Negative Declaration and Adoption 79 - 84 Comprehensive Plan Negative Declaration and Adoption - Pdf 8. Discussion - 2024 Bond Resolution Summary Report 85 - 89 2024 Bond Resolution Summary Report - Pdf 9. Request for Executive Session 10. Updates 11. Additions to Regular Meeting Agenda 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in the Courtroom Located on the second floor of the Town Center. The Public is able to view the meeting on cable access Page 1 of 332 television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER SUPERVISOR'S REPORT PUBLIC HEARING(S) 1. Town of Mamaroneck Comprehensive Plan 90 - 191 NOTICE OF PUBLIC HEARING Comprehensive Plan 4-10-24 2. Separation of the Rules regarding the Outdoor Operation of Power Tools from 192 - 199 the Rules regarding the Operation of Leaf Blowers, and the Phase-out of Gasoline-Powered Leaf Blower NOTICE OF PUBLIC HEARING 2024-04-26--LL for Public Hearing RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS 1. 2024 Bond Resolution Summary Report 200 - 204 2024 Bond Resolution Summary Report - Pdf BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 205 - 207 Fire Claims - Pdf 3. Consideration of Approval - Adoption of Bond Resolution for the Purchase of 208 - 210 Scott Pak Replacements Adoption of Bond Resolution for the Purchase of Scott Pak Replacements - Pdf 4. Consideration of Approval - Resolution Calling for a Special Fire District 211 - 215 Election Resolution Calling for a Special Fire District Election - Pdf 5. Consideration of Approval - Resolution Designating Special Fire District 216 - 218 Election Personnel Resolution Designating Special Fire District Election Personnel - Pdf 6. Consideration of Approval - Resolution Setting Time and Place of Meeting of 219 - 221 Inspectors of Election Resolution Setting Time and Place of Meeting of Inspectors of Election - Pdf 7. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of Approval - Speed Hump Policy 222 - 228 Speed Hump Policy - Pdf 2. Consideration of Approval - Refinement of the Procedure for Processing Site 229 - 248 Plan Applications Refinement of the Procedure for Processing Site Plan Applications - Pdf 3. Consideration of Approval - Q2 2024 Capital Budget Amendments 249 - 253 Page 2 of 332 Q2 2024 Capital Budget Amendments - Pdf 4. Consideration of Approval - NYSDOT BridgeNY Grant Documents PIN# 254 - 290 8763.18— Rockland Avenue Bridge Superstructure Replacement NYSDOT BridgeNY Grant Documents PIN# 8763.18 — Rockland Avenue Bridge Superstructure Replacement - Pdf 5. Consideration of Approval - Emergency Assessor Services 291 - 292 Emergency Assessor Services - Pdf 6. Consideration of Award of Bid TA-24-09—Tree Watering Services 293 - 295 Award of Bid TA-24-09—Tree Watering Services - Pdf 7. Consideration of Approval - Comprehensive Plan Negative Declaration and 296 - 301 Adoption Comprehensive Plan Negative Declaration and Adoption - Pdf 8. Consideration of Approval - Bond Resolution for Parks Building (H5191) 302 - 305 $2,470,000 Bond Resolution for Parks Building (H5191) $2,470,000 - Pdf 9. Consideration of Approval - Bond Resolution for Road Reconstruction (H5104) 306 - 309 $1,075,300 Bond Resolution for Road Reconstruction (H5104) $1,075,300 - Pdf 10. Consideration of Approval - Bond Resolution for Highway Vehicles (H5106) 310 - 313 $505,600 Bond Resolution for Highway Vehicles (H5106) $505,600 - Pdf 11. Consideration of Approval - Bond Resolution for Highway Garage - for Tree 314 - 317 Equipment (H5138) $793,000 Bond Resolution for Highway Garage - for Tree Equipment (H5138) $793,000 - Pdf 12. Consideration of Approval - Bond Resolution for Curb Improvements (H5173) 318 - 321 $293,000 Bond Resolution for Curb Improvements (H5173) $293,000 - Pdf 13. Consideration of Approval - Rescinding Certain Bond Resolutions Adopted by 322 - 324 the Town Board in 2017 and 2019 Rescinding Certain Bond Resolutions Adopted by the Town Board in 2017 and 2019 - Pdf 14. Consideration to Set a Public Hearing for Increase and Improvements to 325 - 328 Garbage District 1 [Bond Resolution for Garbage Truck (H8609) $444,000] Set a Public Hearing for Increase and Improvements to Garbage District 1 [Bond Resolution for Garbage Truck (H8609) $444,000] - Pdf 15. Consideration to Set a Public Hearing for the Increase and Improvements to 329 - 332 Water District 1 [Bond Resolution for Park Lane Water Storage Tank (H1397) $392,500] Set a Public Hearing for the Increase and Improvements to Water District 1 [Bond Resolution for Park Lane Water Storage Tank (H1397) $39 - Pdf REPORTS OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT Page 3 of 332 TOWN ATTORNEY'S REPORT ADJOURNMENT REGULARLY SCHEDULED MEETING - May 22, 2024 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 4 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Speed Hump Policy Date: May 8, 2024 Attached please find the revised Speed Hump Policy based on our discussion at the previous Town Board meeting. Should the Town Board be satisfied with the revisions, I offer the following resolution. Action Requested: Resolved that the Town Board hereby approves the Speed Hump Policy and hereby authorizes the Town Administrator to implement the policy. Attachment/s: Speed Hump Policy - Final 052024 Page 5 of 332 TOWN OF MAMARONECK SPEED HUMP POLICY 1 Page 6 of 332 Table of Contents Background and Reference Document 3 Speed Hump Eligibility Criteria 3 - 5 1: Written Request from Citizen or Association Criteria 2: Street Eligibility Criteria 3. Application Procedures 4. Approval and Funding General Guidelines for Design 5 Monitoring and Removal 6 2 Page 7 of 332 I. Background and Reference Document: The installation of speed humps in the United States has been difficult because this type of traffic calming device is not in the Manual on Uniform Traffic Control Devices (MUTCD). Some municipalities have been reluctant to install speed humps, because of liability issues possibly related to; (1) potential loss of vehicle control; (2) potential vehicle damage; (3) traffic diversion to other streets; (4) increased emergency vehicle response time; and (5) bicycle safety. Nevertheless, more and more municipalities are experimenting with the design and placement of speed humps in response to citizen concern and protest to reduce the speed and volume of traffic on neighborhood streets. The Institute of Transportation Engineers (ITE) has developed a set of guidelines for the design and application of speed humps (Guidelines for the Design and Application of Speed Humps, ITE Traffic Engineering,June 1997)1. Speed Humps are also included in the New York State Department of Transportation (NYSDOT) design manual. II. Speed Hump Eligibility Criteria Criteria 1: Written Request from Citizen or Association Residents or neighborhood associations wishing to have speed humps considered for a specific street must submit to the Traffic Committee a written request endorsed by at least 75% of the households within the portion of the subject street confined by the nearest intersections. Should the recommendation be made to consider the request, the Town, at its discretion, may elect to install temporary speed hump structures for evaluation of performance prior to completion of a permanent installation. The dates and duration of time that temporary speed humps are evaluated shall be determined by the Town. A traffic count at the location of a proposed speed hump will be completed by the Police Department prior to its installation and at a time determined by the Town after their installation to determine whether or not there has been any change in traffic volume as a result of the speed humps. Criteria 2: Street Eligibility Criteria Town staff will review such requests for speed humps, based on the criteria established in this policy. Collector streets with high volumes of traffic will not be considered for speed humps, nor will snow emergency routes as designated per Town Code §219-81. In addition, the Town has no authority to place speed humps on County or State roadways. Only after the elimination of other appropriate and authorized conventional, non-capital controls (e.g. speed limit signs, appropriate warning signs, directed enforcement) and a comprehensive review by the Town Engineer and Police Departments, is a street to be 3 Page 8 of 332 considered for speed humps. Eligibility Criteria for Local residential street: • An uncontrolled segment length of 600' or greater • A local street defined as those streets that are mainly residential side streets, where speeds limits do not exceed 30 mph • Speed humps can be placed in accordance with the General Guidelines for Design as outlined below. Streets are ineligible for speed humps if: • Classified as an emergency route or collector street • Grades, curvature, limited sight distance, or other physical conditions make the application of speed humps unsafe in the opinion of the Town Engineer or consulting engineer. • Used as a routine emergency service route or a major transit route for buses or bicycles • Scheduled for pavement resurfacing or other planned construction within the next two budget years • Excessive traffic volume would be diverted to other residential streets • The design guidelines below cannot be effectively met in the desired location • Other safety considerations determined critical during review. Criteria 3: Application Procedures Request for speed humps will first be thoroughly reviewed by staff based on the eligibility criteria. Engineering, Police, Fire, Ambulance, and Highway Departments may be asked to review all proposed speed hump installations. Departmental comments will be considered in the decision-making process. Following such review, the resident's application for speed hump consideration, along with the staff recommendation, will be placed on an agenda for consideration by the Town's Traffic Committee. The Town will notify the residents on the portion of the subject street confined by the nearest intersections and within a measured radius of 300' from the center line of the street segment of the topic of discussion and the scheduled meeting date. The Traffic Committee will then discuss the request at a Traffic Committee meeting and will determine whether or not to make a recommendation to the Town Board that a speed hump be placed in accordance with the request. Criteria 4: Approval and Funding Because speed hump funding is limited, it may not be possible for all eligible projects to be funded. Speed humps recommended by staff and the Traffic Committee and approved by the Town Board may be prioritized and placed in the capital plan in the year in which 4 Page 9 of 332 funding can be secured. Decisions on items to be placed in the capital plan are made during the annual budget process. The Town shall have the discretion to install temporary speed hump structures prior to completion of permanent installation. Such discretion will consider the potential costs, availability of material and labor resources associated with temporary speed hump installation. III. General Guidelines for Design The following are general guidelines for design of speed humps. These are provided for citizen information only. The latest design requirements as determined by the NYSDOT, ITE, and the American Association of State Highway and Transportation Officials (AASHTO) shall be utilized. The Town Engineer will determine applicable modifications to the design. Guideline 1: Speed humps within a series are often placed from 200 feet to 750 feet apart. On long blocks they are placed 1000 feet to 1600 feet and three or more humps might be necessary. Guideline 2: A series of two or more speed humps on a street are usually more effective than a single hump. Guideline 3: The first hump in a series should be located where it cannot be approached at high speed from either direction. Guideline 4: Speed humps (at the first hump in a system) are usually installed no closer than 200 feet measured from the nearest traffic control device (i.e.stop sign,traffic signal) or sharp curve with limited sight distance. Guideline 5: Traffic control consisting of signs and markings is needed to warn roadway users of the presence of a speed hump. While no minimum standards exist for devices to be used in conjunction with speed humps, devices typically used by agencies are the W8 -1 BUMP warning sign in the MUTCD (Manual on Uniform Traffic Control Devices) and markings that show advance word messages (typically "Bump") directly in advance of, or on, the hump. Pavement word and symbol markings should be installed in conformance with MUTCD guidelines. Guideline 6: Speed humps should not be placed to interfere with access to underground utilities, impair winter snow removal operations or negatively impact existing drainage patterns for surface runoff on the road surface. Guideline 7: Speed humps should not be installed within 100 feet of a roadway intersection. 5 Page 10 of 332 IV. Monitoring and Removal Installed speed humps will be (are monitored) by the Town for six months to a year. If safety problems develop due to installation, maintenance, or emergency issues, steps will be taken by the Town Engineering Department and Highway Department to modify the speed humps or remove the devices. If a safety problem does not exist, a request for removal of installed speed hump(s) may be submitted provided that 75% of households residing within the subject street segment support the request for removal. After proper review by Town staff and the Traffic Committee it remains within the discretion of the Town Administrator, after consultation with appropriate departments, to decide on removal of the humps and road restoration. Nothing herein precludes the installation of a speed hump in any location deemed appropriate by the Town. 6 Page 11 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: William Maker Jr., Town Attorney Re: Refinement of the Procedure for Processing Site Plan Applications Date: May 8, 2024 Attached is a memo from Town Attorney, Bill Maker, regarding a local law that would update the procedures for acceptance of site plan applications. Should the Board find this proposed local law acceptable in its current state, I offer the following resolution: Action Requested: Resolved that the Town Board does hereby set the date for a Public Hearing for the "Update of the Procedures for Site Plan Review of Non-Residential Development" Law for May 22,2024. Page 12 of 332 u_r "v t; rn Town of Mamaroneck Town Attorney, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 WmakerJr@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: William Maker Jr., Town Attorney CC: Ralph EngelBoard Member Subject: Refinement of the Procedure for Processing Site Plan Applications General: I have been working with the Planning Board in updating its procedures for processing site plan applications. I attach a proposed local law which is the culmination of those efforts. The changes make the processing of site plan applications comport with the manner that the Planning Board and the Town staff currently handle them. There is one substantive change, however. The current law (section 177-12 [A] [31) provides that if the Planning Board does not hold a public hearing upon an application with 62 days of the submission of a complete application, the site plan application is deemed approved. Since the Board only meets once per month, this truncated timeline is too limiting. Accordingly, that provision is omitted from the proposed law. Since the changes overhaul the current law substantially, superimposing the changes in a redline of the current law was impractical. I do attach a copy of the current law in case you wish to juxtapose the two. To assist you in your review, I have circled those sections of the current law that are being amended. Attachment/s: 05032024 2024-4-19-TB-tr proposed LL Page 13 of 332 o o 4 Town of Mamaroneck z i I County of Westchester ,x 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914 .'381-7815 FAX: 914 / 381-7809 WMakerJr@TownofMarnaroneckNY.org MEMORANDUM To: Members of the Town Board ccs: Meredith S. Robson, Town Administrator Allison May, Town Clerk Ralph Engel, Chair of the Planning Board From: William Maker,Jr., Attorney for the Town Subject: Revision of the Site Plan law Date: May 3, 2024 I attach comments from Ralph Engel dated April 26, 2024. The first is a word change which I deem to be acceptable. The other is more substantive. Proposed section 177-12 A. (1) places a finite time limit upon the Planning Board. Ralph's concern is 62 days may be insufficient. I do not find convincing his hypothetical and example of applicants requesting adjournments. The concept of a time limit is to prevent the Planning Board from "sitting on" an application instead of addressing it. However,if it is the applicant who requests an adjournment,the time clock should stop. In such circumstance it is the applicant, not the Planning Board, that is extending the time for processing the application. You may agree with Ralph's concern about lack of a quorum and summer. Therefore, to assure applicants that their site plan applications will be processed without undue delay while at the same time recognizing the practical problem of quorums and meeting dates, I suggest that the first sentence of proposed section177-12 A. (1)be revised thusly, "Unless a public hearing has been waived pursuant to § 177-12A(31, below, a public hearing on a site plan application shall be opened seheelttled-aiiel-eeRduc4eel by the Planning Board, within 6290 days after the Engineer certifies that a properly completed application has been received within the meaning of Town Law§274-a (8)." Page 14 of 332 Maker Jr., William From: Ralph <engelesq@gmail.com> Sent: Friday,April 26,2024 7:00 PM To: Maker Jr.,William Cc: Lisa Hochman, Esq. Subject: Re:4/19 Memo With Attachments I am all in favor of your proposal eliminating the 62 day rule you suggested be eliminated,if that can be done. In proposed new Section 170-10A25,should the last word in the third line perhaps be"deem"rather than"be"? In proposed new Section 177-12A1,do we still have to include the 62 day time limit? For example,the PB may not meet at all in August,or at any point if a quorum is unavailable.An applicant may request an adjournment,which itself can run for more than 62 days(the applicant for two new multi-family buildings on the BPR requested,and received, four[4j consecutive one-month adjournments).Once a complete application is received,the PB almost always has at least one "consideration"meeting with the applicant and/or his/her authorized representative,which meeting(s)often result in changes to the submitted plans,and the revised plans often are discussed at another"consideration"meeting.The idea is that,when the public hearing is held,the public can see and comment on the proposed final version of the plans.That often takes over, sometimes well over, 62 days after the initial complete application is received. Can the Town Board also drop this 62 day time limit? I am sending a cc hereof to Lisa,so that she is fully up to date on all this. Thanks again, Bill Ralph Ralph M. Engel enselesa( gmail.com 1 Page 15 of 332 Local Law No. -2024 This local law shall be known as the "Update of the Procedures for Site Plan Review of Non- Residential Development" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: Based upon the Planning Board's experience in handling applications for site plan review, certain aspects of the process are updated by this local law to make the process run more smoothly both for applicants and the Planning Board. Section 2-Amendment of a current section of the Mamaroneck Code: Section 177-9 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-9 Pre-submission conference. A. Prior to the submission of a site plan application, the applicant and/or the applicant's authorized representative shall meet in person or virtually with a group consisting of some or all of the following persons: the Building Inspector, the Director of Building Code Enforcement and Land Use Administration, the Engineer, the Town's Consulting Engineer, the Environmental Planner or Coordinator, the Attorney for the Planning Board, the Attorney for the Town and any other Town employees or outside consultants invited to the conference by the Town. The purpose of such conference shall be to discuss proposed uses or development, identify potential issues and review the procedural requirements for a site plan application so that the applicant will have a better understanding of the process for site plan approval. B. An application for site plan approval involving a parcel that requires variances of any kind for its proposed use must include a copy of the resolutions adopted by the Board of Appeals granting such variances. If a requisite variance has not been obtained at the time such application is filed, the applicant may include with the application a list of all variances that the proposed site plan will require. The Planning Board may consider the application but will not grant site plan approval until the applicant presents a copy of the resolutions adopted by the Board of Appeals granting such variances. The grant of a variance shall not require the Planning Board to grant site plan approval. Page 16 of 332 C. If a use for which a special use permit already has been issued will continue, and if such special use permit is still in effect, the application for site plan approval shall contain a copy of the most recent special use permit. D. If the application for site plan approval will require a new or amended special use permit, the application for site plan approval shall be accompanied by an application for a special use permit. Section 3-Amendment of a current section of the Mamaroneck Code: Section 177-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-10 Contents of application;filing. A. Within six months of the later of the pre-submission conference or the grant of all required variances, the applicant shall file with the Building Department an application for site plan approval, which shall include signed and sealed full-size (36" x 24"or at a different scale if necessary to be legible) and reduced-size (11" x 17") copies of a detailed development plan prepared by a New York State licensed architect or a New York State licensed professional engineer under his/her professional seal and a copy of a certified survey prepared by a New York State licensed surveyor under his/her professional seal on which is superimposed the site, as it exists at the time of the application. Unless the Building Department requests a different number, there shall be at least three (3) full-size copies, nine (9) reduced-size copies of the aforementioned items and one copy in a digital format acceptable to the Engineer. The size, type and quantity of all additional submissions shall be the same as the original submission. The detailed development plan shall contain the information specified below: (1) A map showing the applicant's entire property and adjacent properties, including all improvements thereon, and streets, within a radius of five hundred (500) feet from the perimeter of the site, at a scale of not more than fifty (50) feet to the inch and all easements, licenses, leases, covenants and other restrictions, if any, other than zoning,that affect the proposed use of the land. (2) The present and the proposed use, location, height and design of all existing and proposed buildings and structures whether or not designated for demolition or removal, including front,rear and side elevations. (3) Any proposed division of buildings and structures. 2 Page 17 of 332 (4) Any proposed division of any building into units of separate occupancy. (5) The proposed spatial arrangement of land uses. (6) Existing topography and proposed grade elevations at intervals of two (2) feet or less, unless the Engineer determines that such information is unnecessary for site plan review. (7) The location of all existing watercourses, waterbodies, intermittent streams wetland areas, designated floodplains, rock outcroppings, wooded areas and other significant existing features. (8) The configuration of all existing and proposed public and private roads, drives and walkways. (9) Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas. (10) The location of all proposed parking and truck-loading/unloading areas, with access and egress drives thereto. (11) The directional flow of traffic and the location of all proposed traffic safety devices, including but not limited to signage, pavement markings, signals and equipment. (12) The location of any proposed outdoor storage. (13) The location and description of all existing and proposed site improvements, including, but not limited to, drainage pipes, drains, culverts, ditches, bridges and/or other drainage works, retaining walls, medians, dividers and fences. Drainage information shall be provided by a New York State licensed professional engineer,furnished under his/her seal. (14) The location of all proposed and existing easements. (15) The location of any special and/or zoning district lines. (16) A description of the method of water supply and sewage and garbage disposal and recycling facilities and the proposed location of such facilities and their proposed connection to existing public facilities. (17) The location,height and size of all proposed signs. 3 Page 18 of 332 (18) A landscaping plan showing the location, height, description, quality and design of all existing and proposed landscaping and buffer areas, including, but not limited to, the plantings proposed to be removed, moved or added and an explanation of how the plantings that remain and the plantings proposed to be added will be protected and maintained. (19) The location, height and design of all proposed lighting, power and communication facilities. (20) The layout of all above and below-ground utilities serving the site that are not mentioned herein. (21) Letters or permits in the applicant's possession at the time the application is filed from all other agencies having jurisdiction with their comments, if any, on the site development plan (22) The location of fire and other emergency zones, including, but not limited to the location of fire hydrants, access drives, gates and appurtenances. (23) The location, height, design and direction of all exterior and rooftop structures and facilities, including, but not limited, the placement of noise baffles and appropriate screening and a statement that all are in accordance with the provisions of Chapter 240 of the Code of the Town of Mamaroneck and such other provisions of law as may be applicable. (24) The proposed location and design of all accessible parking and accessible routes required pursuant to the New York State Uniform Fire Prevention and Building Code or any Code that replaces it. (25) Any other pertinent information as the Building Inspector, Director of Building Code Enforcement and Land Use Administration, the Town Engineer, the Deputy Town Engineer or the Planning Board may be appropriate to determine and provide for the proper enforcement of this chapter. B. The applicant shall submit proof that he/she/it has the right to use the site. Such proof can be in the form of a deed, a lease, an easement, a license or some other form of permission acceptable to the counsel for the Planning Board. A copy the deed showing the site's present owner shall be submitted. If the applicant is not the sole owner of the property, the application shall include a notarized letter from the other owners consenting to the application for site plan approval unless such approval is provided on the submitted application form. 4 Page 19 of 332 C. If the site plan indicates a development in stages, a supplementary plan shall be submitted contemporaneously with the proposed site plan, showing the total contemplated development and the proposed phasing. D. Subsequent applications to alter or amend an approved site plan, which are not exempt from site plan review pursuant to § 177-7C of the Code of the Town of Mamaroneck, need only contain documents and information which directly relate to the proposed alteration or amendment. However, the alteration will be considered in the context of the entire previously approved site plan. The size,type and quantity of all additional submissions shall be the same as required by § 177- 10A of the Code of the Town of Mamaroneck. E. Nothing hereinabove shall preclude the Planning Board from requesting that additional documents be filed (i) in order for the application to be deemed complete or (ii) in connection with the Planning Board's review of the application. Section 4-Amendment of a current section of the Mamaroneck Code: Section 177-12 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-12 Public hearing and action by Planning Board. A. Public hearing (1) Unless a public hearing has been waived pursuant to § 177-12A(3), below, a public hearing on a site plan application shall be scheduled and conducted by the Planning Board, within 62 days after the Engineer certifies that a properly completed application has been received within the meaning of Town Law § 274-a (8). Notwithstanding such certification, the Planning Board may determine that an application is incomplete and if it does, it shall identify the required items that are missing therefrom. Such application shall not be considered received within the meaning of Town Law § 274-a (8) until the Engineer certifies that the applicant has supplied the missing items. A public hearing on a site plan application previously determined not to have been received within the meaning of Town Law § 274-a (8) shall be scheduled and conducted by the Planning Board within 62 days after the Engineer's certification that the applicant has supplied the missing items. (2) Notwithstanding the provisions of paragraph A. (1), the public hearing shall be opened only (i) if the Building Inspector or the Director of Building Code Enforcement and Land Use Administration has certified that the proposed site plan meets all 5 Page 20 of 332 requirements of Chapter 240 of the Code of the Town of Mamaroneck and/or all requirements of any variances granted by the Board of Appeals, and (ii) if the Secretary to the Planning Board has certified that the applicant has complied with the notification procedures of Chapter 144 of the Code of the Town of Mamaroneck for site plan applications where compliance therewith is mandated. (3) In its discretion, the Planning Board may waive the requirement for a public hearing if it makes written findings setting forth why such waiver is not inconsistent with the purpose of this chapter. B. Action by Planning Board. (1) Within 62 days after the date on which the public hearing is closed, or within 62 days after the meeting at which the Planning Board determines to the waive the requirement for a public hearing, the Planning Board shall either approve, disapprove or approve with conditions the site plan application and shall specify the conditions of site plan approval,if any. (2) A resolution disapproving a site plan application shall include written findings for the disapproval. (3) Applications for alterations or amendments to an approved site plan shall be acted upon in the same manner as the application for the approval of the original site plan. The fact that a hearing was held or waived for the original application shall not predetermine how an application for an amended site plan is to be processed. Section 5—Amendment of a current section of the Mamaroneck Code: Section 177-14 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-14 Filing of approved site plan;expiration of approval. A. Five signed and sealed copies of the approved site plan shall be revised by or on behalf of the applicant to include all conditions imposed by the Planning Board. When such conditions are properly incorporated into the revised site plan, it shall be signed and dated by the Engineer. The Secretary to the Planning Board shall transmit signed copies of the approved site plan, as so revised, to the applicant, the Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration and the Environmental Planner. 6 Page 21 of 332 B. The approval of a site plan or an amendment to a site plan shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within twenty-four (24) months from the date of such approval. If the Engineer determines that there is no substantial change in the approved site plan and in the condition of the site and/or its environs prior to the date such approval will expire, the Planning Board may extend its approval for a period of up to one (1) year. If an approval is extended, such approval shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within the period of the extension period. Section 6-Amendment of a current section of the Mamaroneck Code: Section 177-18 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-18 Penalties for offenses. A. A person who violates any provision of this chapter shall be guilty of an offense within the meaning of NY Penal Law § 10.00 (1). Upon conviction for violating any of sections of this chapter, the convicted person and/or entity shall be punished by a fine of not less than two- hundred fifty and no/100ths ($250.00) dollars and not more than one thousand and no/100ths ($1,000.00) dollars per violation per day, except that a person and/or entity convicted of placing any structure which requires site plan approval or an amendment to a site plan approval without first obtaining such approval shall be punished by a fine of not less than one thousand and no/100ths ($1,000.00) dollars and not more than two thousand five hundred and no/100ths ($2,500.00) dollars per day. B. Nothing in this section shall limit the Town from seeking other or additional remedies, including but not limited to injunctive relief and/or the issuance of stop work orders, if a person (i) places any structure which requires site plan approval or approval of an amendment to a site plan approval without first obtaining such approval or (ii) fails to comply with an approved site plan or an approved amendment thereof or (iii) fails to comply with any of the terms or conditions of the Planning Board resolution that approved such site plan or amendment thereof. Section 7-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. 7 Page 22 of 332 Section 8—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 2024-04-19-LL-rev per PB most changes accepted 8 Page 23 of 332 Select Language i Town of Mamaroneck, NY Friday,April 26, 2024 Chapter 177. Site Plan Review [HISTORY:Adopted by the Town Board of the Town of Mamaroneck 8-8-1984 by L.L. No. 3-1984 (Ch. 66A of the 1975 Code).Amendments noted where applicable.] GENERAL REFERENCES Electrical standards —See Ch. 90. Environmental quality review— See Ch. 92. Fire limits—See Ch. 103. Fire prevention and building construction —See Ch. 106. Flood damage prevention —See Ch. 110. Wetlands and watercourses — See Ch. 114. Plumbing —See Ch. 158. Sewers —See Ch. 173. Signs —See Ch. 175. Subdivision of land —See Ch. 190. Swimming pools—See Ch. 192. Trees —See Ch. 207. Waterfront revitalization —See Ch. 234. Zoning —See Ch. 240. § 177-1 . Title. This chapter shall be known as the "Site Plan Approval Law of the Town of Mamaroneck." § 177-2. Purpose. In order to ensure that proposed development and use of land within the unincorporated area of the Town of Mamaroneck will have a harmonious relationship with the existing or permitted use of contiguous land and of adjacent neighborhoods and so to ensure that the health, safety, welfare, comfort and convenience of the public is fully considered, this chapter is hereby enacted. § 177-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: SITE PLAN A plan which shows the proposed development and use of land within the unincorporated portion of the Town of Mamaroneck. Such plan shall consist of a map affirmatively demonstrating compliance with and adequate provision for all of the criteria, matters and items listed in this chapter. § 177-4. Approving agency designated. The approving agencies for site plans and all amendments to and modifications thereof shall be as follows: Pursuant to § 274-a of the Town Law, the Town Board hereby delegates to the Planning Board Page 24 of 332 the approval authority for all site plan applications. § 177-5. Standards. In acting on any site plan application, the Planning Board, in addition to all other applicable laws, is hereby granted the powers set forth in § 274-a, Subdivision la, of the Town Law of the State of New York and shall consider the standards set forth therein in granting site plan approval. The approving agency shall also take into consideration the following standards: A. Traffic access and roads. All proposed traffic access points and roads shall be adequate but not excessive in number, adequate in width, paving, grade, alignment and visibility and not located too near street corners or other places of public assembly. Necessary traffic signalization, signs, dividers and other safety controls, devices and facilities shall be given proper consideration and duly provided wherever appropriate or warranted. B. Pedestrian safety and access. Safe, adequate and convenient pedestrian access and circulation shall be provided both within the site and to adjacent streets, with particular attention to all intersections with vehicular traffic. C. Circulation and parking. Off-street parking and loading spaces shall be arranged with consideration given to their location, sufficiency and appearance and to prevent parking in public streets of vehicles of persons connected with or visiting the use. The interior circulation system shall be adequate to provide safe accessibility to, from and within all required off-street parking areas. D. Screening and landscaping. All structures, recreational, parking, loading, public and other service areas shall be reasonably landscaped and/or screened so as to provide adequate visual and noise buffers in all seasons from neighboring lands and streets. The scale and quality of the landscaping and screening on site shall be harmonious with the character of and serve to enhance the neighborhood. E. Environmental quality.All bodies of water, wetlands, steep slopes, hilltops, ridge lines, major stands of trees, outstanding natural topography, significant geological features and other areas of scenic, ecological and historic value shall be preserved insofar as possible; soil erosion shall be prevented insofar as possible; flood hazard shall be minimized; air quality shall be well within legal limits; and all potentially ecological disruptive elements of site preparation, such as blasting, diversion of watercourses and the like, shall be conducted according to the highest standards of professional care. F. Fire protection. All proposed structures, service areas, fire lanes, hydrants, equipment and material shall be adequate and readily accessible for the protection of the proposed uses from fire. G. Drainage. [Amended 6-30-1986 by L.L. No. 6-1986] (1) A storm drainage system which demonstrates affirmative compliance with the form, scope and substance of all applicable design criteria shall be provided to accommodate expected loads from the tributary watershed when developed to the maximum density permitted under the existing zoning standards. Drainage shall be conducted to a point of adequate and suitable disposal. (2) On sites of 10,000 square feet or more and in other instances determined by the Planning Board to be appropriate after consultation with the Town Engineer, development shall be so designed and executed as to limit overflow from the site to zero increase in the rate of runoff and to create zero decrease in the rate of upstream runoff into the site, as related to existing conditions, except that the Planning Board, after consultation with the Town Engineer, may substitute a different requirement for a particular site if it determines that the substituted requirement will be more effective in controlling flooding and erosion at the site and at other locations. Page 25 of 332 (3) On parcels of five acres or more, the Planning Board may require that development be so designed and executed as to reduce the rate of runoff by a stipulated percentage, not to exceed 20%, as compared with existing conditions, through drainage systems, water retention and/or the maintenance of open spaces, both those required under ordinary circumstances and such additional open spaces as may be required for this purpose, but without reducing the rate of runoff into the site from upstream. Such a requirement shall not be applied unless the Planning Board determines that it is an appropriate and important means of preventing an increase in erosion and flooding at the site and/or at other locations. In making such determination, the Planning Board shall consult with the Town Engineer and with the Westchester County Soil and Water Conservation District, who shall respond within the time limits set by this chapter. Failure to respond within such time limits shall be deemed approval by such agencies. H. Refuse and sewage disposal. The public and/or private disposal systems shall be sufficient to safely and adequately handle the type and volume of refuse and sewage which can reasonably be anticipated to be generated by the land uses on site. I. Water supply. The public and/or private delivery systems for bringing potable water to each of the uses on site shall be shown to be sufficient. J. Location and dimension of buildings. The location, arrangement, size and design of the buildings, lighting and signs shall be comparable to each other and with the site as a whole. At a minimum, a distance equal to the average height of the principal buildings on the site at the point where said buildings are most closely proximate to each other shall be provided between all buildings on the site unless, in the opinion of the approving agency, compelling considerations of topography or design dictate otherwise. K. Impact of the proposed use on adjacent land uses. Adjacent and neighboring properties shall be protected against noise, glare, unsightliness or other objectionable features. Where a proposed use is a nonresidential use which would adjoin residential areas, special consideration shall be given by the approving agency to minimizing the impact of the proposed use on the residential properties. L. Design requirements and guidelines. [Added 5-18-2004 by L.L. No. 8-2004] (1) For properties located in the B-Business District, the approving agency shall apply the design requirements and guidelines contained in § 240-45H of the Code. (2) For properties located in the SB - Service Business District, the approving agency shall apply the design requirements and guidelines contained in § 240-46H of the Code. (3) For properties located in the B - MUB - Business-Mixed Use Business District, the approving agency shall apply design requirements and guidelines contained in § 240-47H of the Code. (4) For properties located in the UR - Urban Renewal District, the approving agency shall apply the design requirements and guidelines contained in § 240-48.1D of the Code. (5) If there is a conflict between any of the provisions of § 177-5A through and including K of the Code and any of the provisions of the applicable design requirements and guidelines, the provisions of §§ 240-45H, 240-46H, 240-47E or 240-48.1D of the Code, as the case may be, shall be applied. § 177-6. Approval required for issuance of permits. A. No building permit shall be issued until site plan approval shall have been obtained from the approving agency. B. No certificate of occupancy for any structure or use upon or within the site shall be issued until all of the required conditions of the site plan approval have been met. The continued validity of any Page 26 of 332 certificate of occupancy shall be subject to continued conformance with the approved site plan and conditions attached thereto. C. Any amendment of a site plan shall be subject to the same approval procedure as provided in this chapter except where a waiver pursuant to §§ 177-12 or 177-17 herein has been granted. § 177-7. Exceptions. The provisions of this chapter shall not apply in any of the following instances: A. A single one-family dwelling which is not part of a staged development. B. A single two-family dwelling which is not part of a staged development. C. All alterations to existing buildings or structures, whether or not there shall be a change of use which is permitted within the zoning district, provided that the Building Inspector or the Director of Building Code Enforcement and Land Use Administration and the Town Engineer make a written finding that the alteration will not substantially intensify the use or substantially modify the site with respect to generation of traffic, pedestrian movement, parking needs, noise, glare, exposure to hazard from fire or flood, utilization of water supply, sanitary sewer, drainage or other utility system and will not, in any other way, have a substantial impact upon the character or environment of the surrounding area, and provided further that, if such written finding is not made, the application shall be referred to the approving agency for site plan review. [Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016] § 177-8. Application procedure. The application procedure for site plan approval shall involve a three-stage process: a presubmission conference, site plan application and public hearing by the Planning Board. The Planning Board may adopt such rules and regulations as may be required to implement the application procedure. § 177-9. Presubmission conference. A. Prior to the submission of a site plan application, the applicant shall meet in person with the Planning Board and with the Building Inspector or the Director of Building Code Enforcement and Land Use Administration. The purpose of such conference shall be to discuss proposed uses or development in order that the necessary subsequent steps may be undertaken with a clear understanding of the approving agency's requirements in matters relating to site development. [Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016] B. Because all applications for site plan approval must comply with this chapter, any application requiring a variance or special permit must show that such variance or special permit has been granted, or, where permitted, that such special permit application is being simultaneously submitted to the approving agency, by the appropriate agency prior to the filing of the site plan application with the Secretary to the Planning Board. § 177-10. Contents of application; filing. A. Within six months of the presubmission conference, 16 copies of the application for site plan approval shall be filed with the Secretary to the Planning Board, accompanied by a detailed development plan prepared by a licensed architect or professional engineer under his professional seal, provided on a certified survey of the site, which shall be prepared by a licensed surveyor, which plan shall contain the information specified below: Page 27 of 332 (1) A map showing the applicant's entire property and adjacent properties, including all improvements thereon, and streets, within a radius of 500 feet from the perimeter of the site, at a scale of not more than 50 feet to the inch, and any relevant deed restrictions or covenants pursuant to the deed, lease, mortgage or any other document, where such restrictions or covenants affect the use of the land, shall also be noted. A deed of ownership shall be submitted. If the applicant for site plan approval is not the present owner of the property, then a letter shall be submitted by the owner of the property consenting to the application for site plan approval. (2) The proposed use, location, height and design of all existing and proposed buildings and structures not designated for demolition or removal, including front elevations. (3) Any proposed division of buildings and structures. (4) Any proposed division of any building into units of separate occupancy. (5) The proposed spatial arrangement of land uses. (6) Existing topography and proposed grade elevations at intervals of two feet or less. (7) The location of all existing watercourses, intermittent streams, wetland areas, rock outcrops, wooded areas and other significant existing features. (8) The general configuration of all existing and proposed public and private roads, drives and walkways. (9) Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas. (10)The location of all parking and truck-loading areas, with access and egress drives thereto. (11) The location of traffic safety devices and directional flow of traffic. (12)The location of any outdoor storage. (13)The location and description of all existing and proposed site improvements, including but not limited to drainage pipes, drains, culverts, ditches, bridges or other drainage works, retaining wails and medians, dividers and fences. Drainage information shall be provided by a licensed professional engineer, furnished under his seal. (14)The location of all proposed and existing easements. (15)The location of any special and/or zoning district lines. (16)A description of the method of water supply and sewage and garbage disposal and the location of such facilities. (17)The location, height and size of all signs. (18)The location, height, quality and design of all landscaping and buffer areas. (19)The location, height and design of lighting, power and communication facilities. (20) Letters or permits from other agencies having jurisdiction as to their comments on the site development plan, as well as a certification from the Building Inspector or the Director of Building Code Enforcement and Land Use Administration of the Town of Mamaroneck that the proposed site plan or amendment meets all requirements of Chapter 240, Zoning, of the Code of the Town of Mamaroneck, or, if it fails to meet all such requirements, those variances which would be necessary in order for the applicant to obtain a building permit. [Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016] (21)The location of fire and other emergency zones, including the location of fire hydrants. Page 28 of 332 (22)The location, height, design and direction of all exterior and rooftop structures and facilities, including the placement of noise baffles and appropriate screening, provided that all are in accordance with the provisions of Chapter 240, Zoning, § 240-56, of the Code of the Town of Mamaroneck and such other provisions of law as may be applicable. (23)The proposed location and design of all parking and access facilities as are required for the handicapped pursuant to the New York State Uniform Fire Prevention and Building Code. (24)A list of all property owners within a three-hundred-foot radius of the perimeter of the property which is the subject of the application, along with their mailing addresses as are recorded in the Assessor's office of the Town of Mamaroneck, with a certification by the person preparing said list that he or she has compared the list to the records maintained in the Assessor's office of the Town of Mamaroneck and that they are accurate and contain the names and addresses of all property owners within 300 feet of the perimeter of the subject property. (25)Any other pertinent information as may be necessary to determine and provide for the proper enforcement of this chapter as determined by the approving agency. B. If the site plan indicates a development in stages, a supplementary plan shall be submitted simultaneously with the proposed site plan, indicating the total contemplated development. C. A site plan, following approval by the approving agency, shall be valid for a period of 24 months from the date of such approval. If there is no substantial change in the condition of the site and/or its environs, site plan approval may be extended by the approving agency for one additional period of one year. D. After approval of a complete site plan, subsequent applications for alterations which are referred to the approving agency by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration and/or Town Engineer, in accordance with § 177-7C herein, need only contain documents and information which directly relate to the alteration under consideration. However, the alteration will be considered in relation to the entire site plan previously approved. [Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016] § 177-11 . Referral of applications. [Amended 7-17-1996 by L.L. No. 14-1996; 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1- 2016] The Planning Board shall forward one copy of the site plan application to the Town Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, the Fire Department, the County Planning Department, the Traffic Committee and the State Department of Transportation, if the site plan shows frontage along a state highway, and other local, state, county, regional and federal agencies having jurisdiction, as well as to any technical consultants that the Planning Board, in its discretion, deems necessary or appropriate for a thorough review of the application. § 177-12. Public hearing and action by Planning Board. A. Public hearing. (1) A public hearing on a site plan application shall be scheduled and conducted by the Planning Board, unless such hearing has been waived pursuant to § 177-12A(2), within 62 days after certification to the Planning Board, by the Secretary to the Planning Board, of receipt of a properly completed application. [Amended 7-17-1996 by L.L. No. 14-1996; 2-16-2005 by L.L. No. 2-20051hh] [1] Editor's Note:L.L. No. 3-2005, adopted 3-16-2005, provided that this local law shall become effective 4-30-2005 if it was filed with the Secretary of State prior to that date. Page 29 of 332 (2) The Planning Board may, in its discretion, waive the hearing requirement after having made written findings setting forth why such waiver is not inconsistent with the purpose of this chapter. (3) If the Planning Board fails to waive or to conduct a hearing within 62 days after certification, the application shall be deemed to be approved. [Amended 7-17-1996 by L.L. No. 14-1996] B. Action by Planning Board. (1) Within 62 days of the date of the public hearing held after the receipt of a properly completed application or, where the hearing is waived, within 62 days after the Planning Board meeting at which the waiver was granted, the Planning Board shall act to either approve, disapprove or approve with conditions the site plan application and shall specify what conditions, if any, are necessary. [Amended 7-17-1996 by L.L. No. 14-1996] (2) Planning Board disapproval shall include written findings. (3) Approval of amendments to an approved site plan shall be acted upon in the same manner as an application for the approval of an original site plan. The fact that a hearing was held or that it was waived upon the original application does not predetermine how an amended site plan application is to be processed. Each application should be judged on its own merits and by its potential impacts. C. The person applying for the approval of a site plan must comply with the notification procedures contained in Chapter 144. [Added 2-16-2005 by L.L. No. 2-2005E21] [2] Editor's Note:L.L. No. 3-2005, adopted 3-16-2005, provided that this local law shall become effective 4-30-2005 if it was filed with the Secretary of State prior to that date. § 177-13. Integration of other procedures. Whenever the circumstances of the proposed development require compliance with this Chapter 177 and with any other local law, ordinance or requirement of the Town, the approving agency shall, in all cases where it is practicable, attempt to integrate, as appropriate, the site plan review as required by this chapter with the procedural submission requirements of such other local laws, ordinances and requirements; provided, however, that such attempt to integrate such procedures shall not in any way interfere with any of the requirements of this chapter or any other applicable local law, ordinance or requirement. § 177-14. Filing of approved site plan. [Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016] The approved site plan shall be revised by the applicant to include all conditions imposed by the approving agency. It may then be signed and dated by the Secretary to the Planning Board. The approving agency shall submit a signed copy of the approved site plan, revised as set forth above, to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration. § 177-15. Fees. [Amended 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No. 8-2011] Every application for site plan approval shall be accompanied by the fee set forth in § A250-1. Should an agency of the Town having jurisdiction over an application deem it necessary to hire consultants for Page 30 of 332 technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the Town for such services. § 177-16. Performance guaranty. The approving agency may require that public improvements and landscaping be secured by a performance guaranty in the same manner prescribed for such improvements in Chapter 190, Subdivision of Land, of the Code of the Town of Mamaroneck and/or through the use of letters of credit approved as to form by the Counsel to the Town and as to substance by the approving agency. § 177-17. Waiver of requirements. Upon a finding by the approving agency that, due to the particular character or limited nature of a development or change in use or to special conditions peculiar to a site, the submission of a preliminary and/or final site plan or of certain portions of the information normally required as part of the site development plan is inappropriate or unnecessary or that strict compliance with said requirements will cause extraordinary and unnecessary hardship, the approving agency may vary or waive such submission or requirements wherever, in the opinion of the approving agency, such variance and waiver will be consistent with the goal of promoting the public health, safety, comfort, convenience and general welfare of the community. The findings for granting such waiver shall become a part of the public record. 177-18. enalties for offenses. Any violation of this chapter shall constitute a violation and be punishable by a fine of up to $250 for each such violation, except that the placing of any structure on a property which requires site plan approval or amendment to a site plan approval without first obtaining said site plan approval shall be a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed six months. Page 31 of 332 7. . 7 ul 1 rri Town of Mamaroneck in # x Town Center FOUNDED 1661 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: Q2 2024 Capital Budget Amendments Date: May 8, 2024 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding the 2024 Capital Budget Amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 32 of 332 v u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Q2 2024 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2024 budget amendments are recommended for approval. Fund balance will be utilized for four projects totaling $1,123,188. These projects were included in the 2024 Adopted Capital Budget to be funded through the issuance of a bond. 1-Vehicle-Town Administrator (H1272) Funding of$40,000 was included in the 2023 Adopted Capital Budget for the Town Administrator's vehicle replacement. Additional funding of$7,088 is needed for the purchase. The vehicle used by the Town Administrator for Town purposes is rotated into the police department fleet. A budget amendment is recommended below. 2-East Valley Stream Bridge (H5087/5092) The Town received FEMA funding for the majority of the cost associated with replacing the bridge due to the damage caused by Storm Ida. A budget amendment is recommended to combine the original project with the FEMA project,return funding to the debt service fund and to establish budget lines for FEMA funding. 3. Vehicle-Fleet(H5392) This purchase is complete and FEMA funded the replacement of the damaged vehicle. A budget amendment to return remaining funds to the Highway Fund is recommended. 4. Rye Lake U.V. Facility (H1352) This project has been completed with bonds,transfers from the Water District Fund and an EFC grant. A budget amendment to return the remaining funds to the Water District is recommended. 5. Highway Drainage (H5136) A project to replace the drainage system in the Highway yard shared by the Larchmont Joint Page 33 of 332 Garbage Commission requires additional funding of$18,585 to complete the project. The bid came in higher than the estimate. A budget amendment is recommended to transfer additional funding from the Highway Fund and budget for the Garbage Commission's share due. 6. Traffic Signal-Richbell/Palmer (H3361) The 2024 Adopted Capital Budget included a project to replace the traffic signal at Richbell/Palmer to be funded with bond proceeds. The Part Town fund has a healthy fund balance to fund this project without issuing a bond, saving interest of approximately $250,000 over 15 years. A budget amendment is recommended to reflect the change in revenue. 7. Highway Brush Chipper (H5106) The capital budget includes the purchase of a brush chipper through the issuance of a bond. The Highway fund has a healthy fund balance to fund this project without issuing a bond, saving interest of over$47,000 over 15 years. A budget amendment is recommended to reflect the change in revenue. 8. Rye Lake Filtration Plant(H1364) The Town has received an updated estimate to construct the Rye Lake Filtration Plant of $175m with a grant award of$30m. Funding of$145m will be needed to complete the project. The Town's share is 16.7% or$24,215,000. A budget amendment is recommended to increase the cost and the additional bond revenue. 9. Town Center Generator (H1603) The capital budget included the replacement of the Town Center generator through the issuance of a bond. The General Fund has a healthy fund balance to fund this project without issuing a bond, saving interest of approximately $87,000 over 15 years. A budget amendment is recommended to reflect the change in revenue. 10.Baldwin Ave Pump Station Design (H8123) The design for the replacement of the Baldwin pump station was included in the capital budget funded by a bond. The Sewer District has enough fund balance to fund this project without issuing a bond, saving interest of over $15,000 over 15 years. A budget amendment is recommended to reflect the change in revenue. Attachment/s: 2024 CAPITAL BUDGET AMENDMENTS - May 8, 2024 Page 34 of 332 2024 CAPITAL BUDGET AMENDMENTS CAPITAL FUND (FUND H): Amount 1 Revenue H1272-5031 Transfer from A Increase 7,088.20 Expense H1272-0400 Vehicle- Town Administrator Increase 7,088.20 2 Expense H5087- 0400 E. Valley Stream Bridge Decrease (503,328.10) Revenue H5087- 5710 Bond proceeds Decrease (180,000.00) Revenue H5087- 5995 Appropriated Fund Balance Decrease (323,328.10) Expense H5092- 0400 E. Valley Stream Bridge Increase 503,328.10 Revenue H5092- 5995 Appropriated Fund Balance Increase 180,000.00 Revenue H5092- 5710 Bond proceeds Increase 323,328.10 Revenue H5092- 3995 FEMA-NYS Increase 92,583.51 Revenue H5092- 4988 FEMA-Fed Increase 833,251.55 Expense H5092- 9901 Transfer to A Increase 100,000.00 Expense H5092- 9980 Transfer to V Increase 345,835.06 3 Expense H5392-9940 Transfer to DB Increase 33,329.76 Revenue H5392-5995 Appropriated Fund Balance Decrease (33,329.76) 4 Revenue H1352-3990 State Grant-EFC Increase 153,600.00 Expense H1352-0400 Rye Lake UV Facility Decrease (72,425.50) Expense H1352-9904 Transfer to SW Increase 226,025.50 5 Expense H5136-0400 Highway Drainage Increase 18,585.30 Revenue H5136-2797 Due from Garbage Commission Increase 7,900.00 Revenue H5136-5033 Transfer from DB Increase 10,685.30 9 Revenue H1603-5031 Transfer from A Increase 525,187.58 Revenue H1603-5710 Bond proceeds Decrease (525,187.58) 6 Revenue H3361-5032 Transfer from B Increase 413,000.00 Revenue H3361-5710 Bond proceeds Decrease (413,000.00) 7 Revenue H3361-5033 Transfer from DB Increase 65,000.00 Revenue H3361-5710 Bond proceeds Decrease (65,000.00) 8 Expense H1364-0400 Rye Lake Filtration Plant Increase 1,081,599.00 Expense H1364-4022 Bond Costs Increase 47,201.00 Revenue H1364-5710 Bond Revenue Increase 1,128,800.00 10 Expense H8123-0400 SS Pump station Decrease (8,079.09) Revenue H8123-5710 Bonds Decrease (120,000.00) Revenue H8123-5036 Transfer from SS Increase 120,000.00 Expense H8123-9980 Transfer to V Increase 8,079.09 Page 35 of 332 2024 CAPITAL BUDGET AMENDMENTS GENERAL FUND (FUND A): 1 Expense A9900-9950 Transfer to Capital (H1272) Increase 7,088.20 Revenue A9999-5995 Appropriated Fund Balance Increase 7,088.20 2 Revenue A9900-5040 Transfer from H (H5092) Increase 100,000.00 Revenue A9999-5995 Appropriated Fund Balance Decrease (100,000.00) 9 Expense A9900-9950 Tx for Town Center Generator(H1603) Increase 525,187.58 Revenue A9999-5995 Appropriated Fund Balance Decrease (525,187.58) PART TOWN FUND (FUND B) 6 Expense B9900-9950 Tx for Traffic Signal (H3361) Increase 413,000.00 Revenue B9999-5995 Appropriated Fund Balance Decrease (413,000.00) HIGHWAY FUND (FUND DB): 3 Revenue DB9999-5041 Transfer from Capital (H5392) Increase 33,329.76 Revenue DB9999-5995 Appropriated Fund Balance Decrease (33,329.76) 5 Expense DB9900-9950 Transfer to Capital (H5136) Increase 10,685.30 Revenue DB9999-5995 Appropriated Fund Balance Increase 10,685.30 7 Expense DB9900-9950 Transfer to Capital (H5106) Increase 65,000.00 Revenue DB9999-5995 Appropriated Fund Balance Increase 65,000.00 WATER FUND (FUND SVV): 4 Revenue SW9900-5040 Transfer from Capital (H1352) Increase 226,025.50 Revenue SW9999-5995 Appropriated Fund Balance Decrease (226,025.50) DEBT SERVICE (FUND V) 2 Revenue V9900-5040 Transfer from H (H5092) Increase 345,835.06 Revenue V9999-5995 Appropriated Fund Balance Decrease (345,835.06) SEWER DISTRICT (FUND SS) 10 Expense SS9900-9950 Transfer to H (H1364) Increase 120,000.00 Revenue SS999-5995 Approriated Fund Balance Increase 120,000.00 Page 36 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: Tracy Yogman, Town Comptroller Re: NYSDOT BridgeNY Grant Documents PIN# 8763.18 — Rockland Avenue Bridge Superstructure Replacement Date: May 8, 2024 Attached is a memo from Town Engineer, Rob Wasp, regarding the documents for the NYSDOT BridgeNY grant award for the Rockland Avenue Bridge Superstructure Replacement. As per the Engineering Department's recommendation, we are requesting the review and approval of the Master Federal Aid Local Project Agreement (State-Local Agreement). The BridgeNY award provides $769,200 as reimbursement towards the Town's total project cost of$889,200. Action Requested: Resolved that the Town Board hereby adopts the attached BridgeNY resolution and authorizes the Town Administrator to execute the Master Federal Aid Local Project agreement (State-Local Agreement) and any related documents necessary to carry out its implementation. Page 37 of 332 u_r "v t; rn Town of Mamaroneck Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofm am aroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: NYSDOT BridgeNY Grant Documents PIN# 8763.18 —Rockland Avenue Bridge Superstructure Replacement General: Initiation paperwork for the recently announced NYSDOT BridgeNY grant award for the Rockland Avenue Bridge Superstructure Replacement has been provided for review and execution by the Town. The referenced grant was awarded through the 2023 BridgeNY program to provide for replacement of the deteriorated structural deck, surface elements and related repairs. The subject bridge crossing of the Sheldrake River is located on Rockland Avenue closest to the intersections with Brookside Place and Sheldrake Avenue. The BridgeNY award provides $769,200.00 as reimbursement towards the Town's total project cost. The provided initiation paperwork follows the same format and process that was completed for the BridgeNY funding awarded towards the Waverly Avenue Bridge Replacement in 2018. Enclosed with this agenda item are the "Master Federal Aid Local Project Agreement (State-Local Agreement) and a template resolution of approval for the Board's consideration. The resolution affirms the Town's financial commitment to the project and authorizes the Town Administrator to execute provided agreement. The grant provides for 95% reimbursement of Town project expenses up to the maximum contribution identified in the preceded paragraph. The Town is required to follow the stipulations per the Federal Highway Administration and NYSDOT Local Projects Manual through the design and contract procurement process. Funding for the project has been established as part of capital project H5050. The Engineering Department recommends the review and adoption of an acceptable resolution authorizing the agreement to be executed. Department staff are knowledgeable on the unique requirements of the BridgeNY grant that need to be followed through the design development process and intend to move forward with solicitation of qualified consultant proposals upon finalization of the agreement and notification to proceed. Please feel free to contact me with any questions. Page 38 of 332 Attachment/s: PIN 8763.10 Bridge NY Sample Resolution PIN 8763.18 Master Agreement Page 39 of 332 2024 NY Bridge Project funded with BFP Off-System) Locally Administered RESOLUTION NUMBER: Authorizing the implementation and funding of the costs of a transportation project, which may be eligible for federal-aid and/or state-aid, or reimbursement from Bridge NY funds. WHEREAS, a project for the Rockland Avenue over Sheldrake River Superstructure Replacement (BIN 2225130). Town of Mamaroneck, Westchester County PIN 8763.18 (the "Project") is eligible for funding under Title 23 U.S. Code, as amended, 23CFR as amended and PUB. L. 117-58 also known as the "Bipartisan Infrastructure Law" (BIL); and WHEREAS,the Town of Mamaroneck will design, let, and construct the Project: and WHEREAS, The Town of Mamaroneck desires to advance the Project by making a commitment of 100% of the costs of the preliminary and detailed design work for the Project or portions thereof. NOW, THEREFORE, the Town Board, duly convened does hereby RESOLVE, that the Town Board hereby approves the Project; and it is hereby further RESOLVED, that the Town Board hereby authorizes The Town of Mamaroneck to pay 100% of the cost of preliminary and detailed design work for the Project or portions thereof, with the understanding that qualified costs may be eligible for federal-aid, state-aid, or reimbursement from Bridge NY funds; and it is further RESOLVED, that the sum of $180,620.00 is hereby appropriated from H5050 and made available to cover the cost of participation in the above phases of the Project; and it is further RESOLVED, that the Town Board hereby agrees that the Town Administrator of the Town of Mamaroneck shall be responsible for all costs of the Project which exceed the amount of federal-aid, state-aid, or NY Bridge funding awarded to the Town of Mamaroneck and it is further RESOLVED, that in the event the Project costs not covered by federal aid, state aid, or NY Bridge funding exceed the amount appropriated above, the Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Supervisor of the Town of Mamaroneck thereof; and it is further RESOLVED, that Town of Mamaroneck hereby agrees that construction of the Project shall begin no later than twenty- four (24) months after award and the construction phase of the Project shall be completed within thirty (30) months; and it is further RESOLVED, that the Supervisor of the Town of Mamaroneck be and is hereby authorized to execute on behalf of the Town of Mamaroneck all necessary agreements, certifications or reimbursement requests for federal-aid and/or state-aid with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the Town of Mamaroneck's funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and it is further RESOLVED,that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED,this Resolution shall take effect immediately. STATE OF NEW YORK SS: COUNTY OF WESTCHESTER ) Page 40 of 332 I, , Clerk of The Town of Mamaroneck, New York, do hereby certify that I have compared the foregoing copy of this Resolution with the original on file in my office, and that the same is a true and correct transcript of said original Resolution and of the whole thereof, as duly adopted by said at a meeting duly called and held at the on by the required and necessary vote of the members to approve the Resolution. WITNESS My Hand and the Official Seal of The Town of Mamaroneck, New York, this day of , 2024. Clerk,The Town of Mamaroneck Page 41 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials Federal aid Local Project Agreement COMPTROLLER'S CONTRACT NO This Agreement is by and between: the New York State Department of Transportation ("NYSDOT"), having its principal office at 50 Wolf Road, Albany, NY 12232, on behalf of New York State ("State"). and the Town of Mamaroneck(the "Municipality/Sponsor") acting by and through the Town Administrator with its office at 740 W. Boston Post Road, Mamaroneck, NY 10543. This Agreement identifies the party responsible for administration and establishes the method or provision for funding of applicable phases of a Federal aid project for the improvement of a street or highway, not on the State highway system, as such project and phases are more fully described by Schedule A annexed to this Agreement or one or more Supplemental Schedule(s) A to this Agreement as duly executed and approved by the parties hereto. The phases that are potentially the subject of this Agreement, as further enumerated below, are: Preliminary Engineering ("PE") and Right-of-Way Incidental ("ROW Incidentals") work; Right-of-Way Acquisition; Construction; and/or Construction Supervision and Inspection. The Federal aid project shall be identified for the purposes of this Agreement as PIN 8763.18 Rockland Avenue over Sheldrake River Superstructure Replacement (BIN 2225130) - Town of Mamaroneck, Westchester County (as more specifically described in such Schedule A, the "Project"). WITNESS ETH: WHEREAS, the United States has provided for the apportionment of Federal aid funds to the State for the purpose of carrying out Federal aid highway projects pursuant to the appropriate sections of Title 23 U.S. Code as administered by the Federal Highway Administration ("FHWA"); and WHEREAS, the New York State Highway Law authorizes the Commissioner of Transportation (hereinafter referred to as "Commissioner") to use Federal aid available under the Federal aid highway acts and provides for the consent to and approval by the Municipality/Sponsor of any project under the Federal aid highway program which is not on the State highway system before such Project is commenced; and WHEREAS, pursuant to Highway Law §10 (34-a) and section 15 of Chapter 329 of the Laws of 1991 as amended by section 9 of Chapter 330 of the Laws of 1991, as further amended by Chapter 57 of the Laws of New York of 2014, and Chapter 794 of the laws of 2022, as further amended by Chapter 3 of the laws of 2023 (effective December 28, 2023), the State has established the "Marchiselli" Program, which provides certain State-aid for Federal aid highway projects not on the State highway system; and 1 Page 42 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials WHEREAS, funding of the "State share" of projects under the Marchiselli Program is administered through the New York State Office of the Comptroller ("State Comptroller"); and WHEREAS, Highway Law §80-b authorizes the funding of eligible costs of Federal aid Municipal/Sponsor streets and highway projects using State-aid and Federal aid; and WHEREAS, project eligibility for Marchiselli Program funds is determined by NYSDOT; and WHEREAS, pursuant to authorizations therefore, NYSDOT and the Municipality/Sponsor are desirous of progressing the Project under the Federal aid and, if applicable, Marchiselli-aid Programs; and WHEREAS, The Legislative Body of the Municipality/Sponsor by Resolution No. adopted at meeting held on approved the Project, the Municipality/Sponsor's entry into this Agreement, has appropriated necessary funds in connection with any applicable Municipal/Sponsor Deposit identified in applicable Schedules A and has further authorized the of the Municipality/Sponsor to execute this Agreement and the applicable Schedule A on behalf of the Municipality/Sponsor and a copy of such Resolution is attached to and made a part of this Agreement (where New York City is the Municipality/Sponsor, such resolution is not required). NOW, THEREFORE, the parties agree as follows: 1. Documents Forming this Agreement. The Agreement consists of the following: • Agreement Form - this document titled "Federal aid Local Project Agreement"; • Schedule "A" - Description of Project Phase, Funding and Deposit Requirements • Schedule "B" - Phases, Subphase/Tasks, and Allocation of Responsibility • Appendix "A" - New York State Required Contract Provisions • Appendix "A-1"- Supplemental Title VI Provisions (Civil Rights Act) • Appendix "B" - U.S. Government Required Clauses (Only required for agreements with federal funding) • Municipal/Sponsor Resolution(s) - duly adopted Municipal/Sponsor resolution authorizing the appropriate Municipal/Sponsor official to execute this Agreement on behalf of the Municipality/Sponsor and appropriating the funding required, therefore. (Where New York City is the Municipality/Sponsor, such resolution is not required). *Note — Resolutions for Bridge NY projects must also include an express commitment by the Municipality/Sponsor that construction shall commence no later than twenty-four(24) months after award, and the project must be completed within thirty(30) months of commencing construction. 2 Page 43 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials 2. General Description of Work and Responsibility for Administration and Performance. Subject to the allocations of responsibility for administration and performance thereof as shown in Schedule B (attached), the work of the Project may consist generally of the categories of work marked and described in Schedule B for the scope and phase in effect according to Schedule A or one or more Supplemental Schedule(s) A as may hereafter be executed and approved by the parties hereto as required for a State contract, and any additions or deletions made thereto by NYSDOT subsequent to the development of such Schedule(s) A for the purposes of conforming to New York State or to Federal Highway Administration requirements. The Municipality/Sponsor understands that funding is contingent upon the Municipality/Sponsor's compliance with the applicable requirements of the "Local Projects Manual (LPM)" (available through NYSDOT's web site at https://www.dot.ny.gov/plafap, and as such may be amended from time to time. 3. Municipal/Sponsor Deposit. Where the work is performed by consultant or construction contract entered into with NYSDOT, or by NYSDOT forces, and unless the total non-Federal share of the Project phase is under $5,000, the Municipality/Sponsor shall deposit with the State Comptroller, prior to the award of NYSDOT's contract or NYSDOT's performance of work by its own forces, the full amount of the non-Federal share of the Project costs due in accordance with Schedule A. 4. Payment or Reimbursement of Costs. For work performed by NYSDOT, NYSDOT will directly apply Federal aid and the required Municipality/Sponsor Deposit for the non-Federally aided portion, and, if applicable, shall request State Comptroller funding of Marchiselli aid to the Municipality/Sponsor as described below. For work performed by or through the Municipality/Sponsor, NYSDOT will reimburse the Municipality/Sponsor with Federal aid and, if applicable, Marchiselli aid as described below. NYSDOT will periodically make reimbursements upon request and certification by the Sponsor. The frequency of reimbursement requests must be in conformance with that stipulated in the NYSDOT Standard Specifications; Construction and Materials (section 109-06, Contract Payments). NYSDOT recommends that reimbursement requests not be submitted more frequently than monthly for a typical project. In all cases, reimbursement requests must be submitted at least once every six months. 4.1 Federal aid. NYSDOT will administer Federal funds for the benefit of the Municipality/Sponsor for the Federal share and will fund the applicable percentage designated in Schedule A of Federal aid participating costs incurred in connection with the work covered by this Agreement, subject to the limitations set forth on Schedule A. For work performed by or through the Municipality/Sponsor, NYSDOT will reimburse Federal aid-eligible expenditures in accordance with NYSDOT policy and procedures. 4.1.1 Participating Items. NYSDOT shall apply Federal funds only for that work and those items that are eligible for Federal participation under Title 23 of U.S. Code, as amended, that requires Federal aid eligible projects to be located on the Federal Aid Highway System ("FAHS"), except for bridge and safety projects which can be located off the FAHS. Included among the Federal participating items are the actual cost of employee personal services and leave and fringe benefit additives. Other participating costs include materials and supplies, equipment use charges, or other Federal Participating costs directly identifiable with the eligible project. 3 Page 44 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials 4.2 Marchiselli Aid (if applicable). NYSDOT will request State Comptroller reimbursement to the Municipality of the upset amount and designated percentage in Schedule A of the non- overmatched non-Federal share of Federal participating cost, (the "State share"), incurred in connection with the work covered by this Agreement, subject to the limitations set forth on Schedule A. Not all Federal aid-eligible participating costs are eligible for Marchiselli aid. Only "Eligible Project Costs" (as defined in Marchiselli Program instructions issued by NYSDOT) incurred after April 1, 1991, are reimbursable. 4.2.1 Marchiselli Eligible Project Costs. To be eligible for Marchiselli Aid, Project costs must: (a) be eligible for Federal participation as described under 4.1 above; (b) be for work which, when completed, has a certifiable service life of at least 10 years; (c) be for work that relates directly and exclusively to a municipally owned highway, bridge or highway-railroad crossing located off the State Highway System; and (d) be submitted for reimbursement in accordance with 4.2.2. 4.2.2 Marchiselli Reimbursement Requests. A Sponsor's reimbursement requests are restricted to eligible project costs. To be classified as an "eligible project cost", in addition to other requirements of this agreement, the original expenditure must have been paid within the past 15 months in order to comply with Federal Tax Law (26 CFR 1.150-2 (d)(2)(i)) which governs fund disbursements from the issuance of tax-exempt bonds. Hence, expenditures paid greater than 15 months prior to the reimbursement request are ineligible for reimbursement. 4.2.3 Marchiselli Extended Records Retention Requirements. 4.2.3.1 To ensure that NYSDOT meets certain requirements under the Title 49 of the Code of Federal Regulations, Part 26, and to ensure that NYSDOT may authorize the use of funds for this project, notwithstanding any other provision of this Contract to the contrary, the Sponsor must retain the following documents in connection with the Projects: a) Documents evidencing the specific assets financed with such proceeds, including but not limited to project costs, and documents evidencing the use and ownership of the property financed with proceeds of the bonds; and b) Documents, if any, evidencing the sale or other disposition of the financed property. 4.2.3.2 The Sponsor covenants to retain those records described above, which are used by the Sponsor in connection with the administration of this Program, for thirty-six (36) years after the date of NYSDOT's final payment of the eligible project cost(s). 4.2.3.3 Failure to maintain such records in a manner that ensures complete access thereto, for the period described above, shall constitute a 4 Page 45 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials material breach of the contract and may, at the discretion of NYSDOT, result in loss of funds allocated, or the Sponsor's repayment of funds distributed, to the Sponsor under this agreement. 4.3 In no event shall the State be obligated to fund or reimburse any costs exceeding: (a) the amount stated in Schedule A for the Federal Share; or (b) the amount stated in Schedule A as the State (Marchiselli) share. All items included by the Municipality/Sponsor in the record of costs shall be in conformity with accounting procedures acceptable to NYSDOT and the FHWA. Such items shall be subject to audit by the State, the federal government, or their representatives. 4.4 If Project-related work is performed by NYSDOT, NYSDOT will be paid for the full costs thereof. To affect such payment, the reimbursement to the Municipality/Sponsor provided for in sections 4.1 and 4.2 above may be reduced by NYSDOT by the amounts thereof in excess of the Municipality/Sponsor Deposit available for such payment to NYSDOT. 5. Supplemental Agreements and Supplemental Schedule(s) A. Supplemental Agreements or Supplemental Schedule(s) A may be entered into by the parties and must be executed and approved in the manner required for a State contract. A Supplemental Schedule A is defined as a Supplemental Agreement which revises only the Schedule A of a prior Agreement or Supplemental Agreement. In the event Project cost estimates increase over the amounts provided for in Schedule A, no additional reimbursement shall be due to the Municipality/Sponsor unless the parties enter into a Supplemental Agreement or Supplemental Schedule A for reimbursement of additional Eligible Project Costs. 6. State Recovery of Ineligible Reimbursements. NYSDOT shall be entitled to recover from the Municipality/Sponsor any monies paid to the Municipality/Sponsor pursuant to this Agreement which are subsequently determined to be ineligible for Federal aid or Marchiselli Aid hereunder. 7. Loss of Federal Participation. In the event the Municipality/Sponsor withdraws its approval of the project, suspends or delays work on the Project, or takes other action that results in the loss of Federal participation for the costs incurred pursuant to this Agreement, the Municipality/Sponsor shall refund to the State all reimbursements received from the State, and shall reimburse the State for 100% of all preliminary engineering and right-of-way incidental costs incurred by NYSDOT. The State may offset any other State or Federal aid due to the Municipality/Sponsor by such amount and apply such offset to satisfy such refund. 8. Municipal/Sponsor Liability. 8.1 If the Municipality/Sponsor performs work under this Agreement with its own forces, it shall be responsible for all damage to person or property arising from any act or negligence performed by or on behalf of the Municipality/Sponsor, its officers, agents, servants or employees, contractors, subcontractors, or others in connection therewith. The Municipality/Sponsor specifically agrees that its agents or employees shall possess the 5 Page 46 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials experience, knowledge, and character necessary to qualify them individually for the particular duties they perform. 8.2 The Municipality/Sponsor shall indemnify and save harmless the State for all damages and costs arising out of any claims, suits, actions, or proceedings resulting from the negligent performance of work by or on behalf of the Municipality/Sponsor its officers, agents, servants, employees, contractors, subcontractors, or others under this Agreement. Negligent performance of service, within the meaning of this section, shall include, in addition to negligence founded upon tort, negligence based upon the Municipality/Sponsor's failure to meet professional standards and resulting in obvious or patent errors in the progression of its work. Additionally, the Municipality/Sponsor shall defend the State in any action arising out of any claims, suits, actions, or proceedings resulting from the negligent performance of work by or on behalf of the Municipality/Sponsor, its officers, agents, servants, employees, contractors, subcontractors, or others under this Agreement. 8.3 The Municipality/Sponsor shall at all times during the Contract term remain responsible. The Municipality/Sponsor agrees, if requested by the Commissioner of Transportation or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. 8.4 The Commissioner of Transportation or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Municipality/Sponsor. In the event of such suspension, the Municipality/Sponsor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Municipality/Sponsor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of Transportation or his or her designee issues a written notice authorizing a resumption of performance under the Contract. 8.5 Upon written notice to the Municipality/Sponsor, and a reasonable opportunity to be heard with appropriate Department of Transportation officials or staff, the Contract may be terminated by the Commissioner of Transportation or his or her designee at the Municipality's/Sponsor's expense where the Municipality/Sponsor is determined by the Commissioner of Transportation or his or her designee to be non-responsible. In such event, the Commissioner of Transportation or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. 9. Maintenance. The Municipality/Sponsor shall be responsible for the maintenance of the project at the sole cost and expense of the Municipality/Sponsor. If the Municipality/Sponsor intends to have the project maintained by another, any necessary maintenance agreement will be executed and submitted to NYSDOT before construction of the Project is begun. Upon its completion, the Municipality/Sponsor will operate and maintain the Project at no expense to NYSDOT; and during the useful life of the Project, the Municipality/Sponsor shall not discontinue operation and maintenance of the Project, nor dispose of the Project, unless it receives prior written approval to do so from NYSDOT. 9.1 The Municipality/Sponsor may request such approved disposition from NYSDOT where the 6 Page 47 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials Municipality/Sponsor either causes the purchaser or transferee to assume the Municipality/Sponsor's continuing obligations under this Agreement or agrees immediately to reimburse NYSDOT for the pro-rata share of the funds received for the project, plus any direct costs incurred by NYSDOT, over the remaining useful life of the Project. 9.2 If a Municipality/Sponsor fails to obtain prior written approval from NYSDOT before discontinuing operation and maintenance of the Project or before disposing of the project, in addition to the costs provided, above in 9.1, Municipality/Sponsor shall be liable for liquidated damages for indirect costs incurred by NYSDOT in the amount of 5% of the total Federal and non-Federal funding provided through NYSDOT. 9.3 For NYSDOT-administered projects, NYSDOT is responsible for maintenance only during the NYSDOT administered construction phase. Upon completion of the construction phase, the Municipality/Sponsor's maintenance obligations start or resume. 10. Independent Contractor. The officers and employees of the Municipality/Sponsor, in accordance with the status of the Municipality/Sponsor as an independent contractor, covenant and agree that they will conduct themselves consistent with such status, that they will neither hold themselves out as, nor claim to be, an officer or employee of the State by reason hereof, and that they will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workers Compensation coverage, Unemployment Insurance benefits, Social Security, or Retirement membership or credit. 11. Contract Executory; Required Federal Authorization. It is understood by and between the parties hereto that this Agreement shall be deemed executory only to the extent of the monies available to the State and no liability on account thereof shall be incurred by the State beyond monies available for the purposes hereof. No phase of work for the project shall be commenced unless and until NYSDOT receives authorization from the Federal government. 12. Assignment or Other Disposition of Agreement. The Municipality/Sponsor agrees not to assign, transfer, convey, sublet. or otherwise dispose of this Agreement or any part thereof, or of its right, title or interest therein, or its power to execute such Agreement to any person, company, or corporation without previous consent in writing of the Commissioner. 13. Term of Agreement. The Project phase(s) and Term are identified in Schedules (A) executed herewith and incorporated herein or as subsequently identified in a duly executed and approved supplemental Schedule(s) A as of the date of such supplemental Schedule(s) A. This Agreement shall remain in effect so long as Federal aid and Marchiselli-aid funding authorizations are in effect and funds are made available pursuant to the laws controlling such authorizations and availabilities. However, if such authorizations or availabilities lapse and are not renewed, continued, or reenacted, as to funds encumbered or available and to the extent of such encumbrances or availabilities, this Agreement shall remain in effect for the duration of such encumbrances or availabilities. Although the liquidity of encumbrances or the availability of funds may be affected by budgetary hiatuses, a Federal or State budgetary hiatus will not by itself be construed to cause a lapse in this Agreement provided any necessary Federal or State appropriations or other funding authorizations therefore are eventually enacted. 7 Page 48 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials 13.1 Time is of the essence (Bridge NY Projects). The Municipality/Sponsor understands and agrees that construction of Bridge NY Projects shall commence no later than twenty-four (24) months after award, and the project must be completed within thirty (30) months of commencing construction. 14. NYSDOT Obligations. NYSDOT's responsibilities and obligations are as specifically set forth in this contract, and neither NYSDOT nor any of its officers or employees shall be responsible or liable, nor shall the Municipality/Sponsor assert, make or join in any claim or demand against NYSDOT, its officers or employees, for any damages or other relief based on any alleged failure of NYSDOT, its officers or employees, to undertake or perform any act, or for undertaking or performing any act, which is not specifically required or prohibited by this Agreement. 15. Offset Rights. In addition to any and all set-off rights provided to the State in the attached and incorporated Appendix A, Standard Clauses for New York Contracts, NYSDOT shall be entitled to recover and offset from the Municipality/Sponsor any ineligible reimbursements and any direct or indirect costs to the State as to paragraph 6 above, as well as any direct or indirect costs incurred by the State for any breach of the term of this agreement, including, but not limited to, the useful life requirements in paragraph 9 above. At its sole discretion NYSDOT shall have the option to permanently withhold and offset such direct and indirect cost against any monies due to the Municipality/Sponsor from the State of New York for any other reason, from any other source, including but not limited to, any other Federal or State Local Project Funding, and/or any Consolidated Highway and Local Street Improvement Program (CHIPS) funds. 16. Reporting Requirements. The Municipality/Sponsor agrees to comply with and submit to NYSDOT in a timely manner all applicable reports required under the provisions of this Agreement and the Local Projects Manual and in accordance with current Federal and State laws, rules, and regulations. 17. Notice Requirements. 17.1 All notices permitted or required hereunder shall be in writing and shall be transmitted: (a) Via certified or registered United States mail, return receipt requested: (b) By facsimile transmission, (c) By personal delivery, (d) By expedited delivery service; or (e) By e-mail. Such notices shall be address as follows or to such different addresses as the parties may from time-to- time designate: New York State Department of Transportation (NYSDOT) Name: Orietta Trocard, P.E. Title: Regional Local Projects Liason Address: 4 Burnett Boulevard, Poughkeepsie, NY 12603 Telephone Number: 845-431-5811 Facsimile Number: 845-431-5988 E-Mail Address: orietta.trocard(d dot.nv.gov 8 Page 49 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials lMunicipality/Sponsorl Town of Mamaroneck Name: Meredith Robson/Robert Wasp, P.E. Title: Town Administrator/Town Engineer Address: 740 W. Boston Post Road, Mamaroneck, NY 10543 Telephone Number: 914-381-7835 Facsimile Number: 914-381-8473 E-Mail Address: mrobsom(a�townofmamaroneckNY.org/rwasp(a�townofmamaroneckNY.org 17.2 Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States Mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or email, upon receipt. The parties may, from time to time, specify any new or different address in the United States as their address for purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing by the parties for purposes of implementation and administration/billing, resolving issues and problems and/or for dispute resolution. 18. Electronic Contract Payments. Municipality/Sponsor shall provide complete and accurate supporting documentation of eligible local expenditures as required by this Agreement, NYSDOT and the State Comptroller. Following NYSDOT approval of such supporting documentation, payment for invoices submitted by the Municipality/Sponsor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner's sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices from the Statewide Financial System (SFS). The contracting local Municipality/Sponsor shall comply with the State Comptroller's procedures for all Federal and applicable State Aid to authorize electronic payments. Instructions and authorization forms are available on the State Comptroller's website at https://www.osc.ny.gov/state-vendors. Registration forms and instructions can be found at the NYSDOT Electronic Payment Guidelines website at: https://www.dot.ny.gov/divisions/operating/opdm/local-programs-bureau/locally-administered-federal- aid-projects/Electronic Payment Guidelines. The Municipality/Sponsor herein acknowledges that it will not receive payment on any invoices submitted under this agreement if it does not comply with the applicable State Comptroller and/or NYS State Comptroller's electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. 19. Compliance with Legal Requirements. Municipality/Sponsor must comply with all applicable 9 Page 50 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials federal, state, and local laws, rules, and regulations, including but not limited to the following: 19.1 Title 49 of the Code of Federal Regulations Part 26 (49 CFR 26), Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs; Title 23 Code of Federal Regulations Part 230 (23 CFR 230), External Programs; and, Title 41 of the Code of Federal Regulations Part 60 (41 CFR Subtit. B, Ch. 60) Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, including the requirements thereunder related to utilization goals for contracting opportunities for disadvantaged business enterprises (DBEs) and equal employment opportunity. 19.1.1 If the Municipality/Sponsor fails to monitor and administer contracts funded in whole or in part in accordance with Federal requirements, the Municipality/Sponsor will not be reimbursed for ineligible activities within the affected contracts. The Municipality/Sponsor must ensure that the prime contractor has a Disadvantaged Business Enterprise (DBE) Utilization Plan and complies with such plan. If, without prior written approval by NYSDOT, the Municipality/Sponsor's contractors and subcontractors fail to complete work for the project as proposed in the DBE Schedule of Utilization, NYSDOT at its discretion may (1) cancel, terminate or suspend this agreement or such portion of this agreement or (2) assess liquidated damages in an amount of up to 20% of the pro rata share of the Municipality/Sponsor's contracts and subcontracts funded in whole or in part by this agreement for which contract goals have been established. 19.2 New York State Environmental Law, Article 6, the State Smart Growth Public Infrastructure Policy Act (NY CLS ECL, Art. 6), including providing true, timely and accurate information relating to the project to ensure compliance with the Act. 19.3 28 CFR 35.105, which requires a Municipality/Sponsor employing 50 or more persons to prepare a Transition Plan addressing compliance with the Americans with Disabilities Act (ADA). 20. Compliance with Procedural Requirements. The Municipality/Sponsor understands that funding is contingent upon the Municipality/Sponsor's compliance with the applicable requirements of the Local Projects Manual (LPM), which, as such, may be amended from time to time. Locally administered Federal aid transportation projects must be constructed in accordance with the current version of NYSDOT Standard Specifications; Construction and Materials, including any and all modifications to the Standard Specifications issued by the Engineering Information Issuance System, and NYSDOT- approved Special Specifications for general use. (Cities with a population of 3 million or more may pursue approval of their own construction specifications and procedures on a project by project basis). 10 Page 51 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials Comptroller's Contract Number: IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. MUNICIPALITY/SPONSOR: MUNICIPALITY/SPONSOR ATTORNEY: By: By: Print Name: Print Name: Title: STATE OF NEW YORK )ss.: COUNTY OF Westchester ) On this day of , 20 before me personally came to me known, who, being by me duly sworn did depose and say that he/she resides at ; that he/she is the of the Municipal/Sponsor Corporation described in and which executed the above instrument; (except New York City) that it was executed by order of the of said Municipal/Sponsor Corporation pursuant to a resolution which was duly adopted on and which a certified copy is attached and made a part hereof; and that he/she signed his name thereto by like order. Notary Public APPROVED FOR NYSDOT: APPROVED AS TO FORM: STATE OF NEW YORK ATTORNEY GENERAL By: For Commissioner of Transportation By: Assistant Attorney General Agency Certification: In addition to the acceptance of this contract I also certify that original copies of COMPTROLLER'S APPROVAL: this signature page will be attached to all other exact copies of this contract. By: For the New York State Comptroller Date: Pursuant to State Finance Law §112 11 Page 52 of 332 Schedule A(01/2023) Press F1 to read instructions in blank fields Page 1 of 3 SCHEDULE A - Description of Project Phase, Funding and Deposit Requirements NYSDOT/ State-Local Agreement - Schedule A for PIN 8763.18 OSC Contract#: Contract Start Date: / / (mm/dd/yyyy)Contract End Date: 12/31/2030(mmldd/yyyy) ❑ Check,if date changed from the last Schedule A Purpose: ® Original Standard Agreement ❑ Supplemental Schedule A No. Agreement ® Locally Administered Municipality/Sponsor (Contract Payee): Town of Mamaroneck Type: Other Municipality/Sponsor (if applicable): ❑ State Administered List participating Municipality(ies) and the % of cost share for each and indicate by checkbox which Municipality this Schedule A applies. ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share Authorized Project Phase(s) to which this Schedule applies: ® PE/Design ® ROW Incidentals ❑ ROW Acquisition ❑ Construction/Cl/CS Work Type: BR REPLACE County (If different from Municipality): Westchester (Check, if Project Description has changed from last Schedule A): ❑ Project Description: Rockland Avenue over Sheldrake River Superstructure Replacement (BIN 2225130)Town of Mamaroneck, Westchester County Marchiselli Eligible ❑ Yes ® No A. Summary of Participating Costs FOR ALL PHASES For each PIN Fiscal Share below, show current costs on the rows indicated as"Current". Show the old costs from the previous Schedule A on the row indicated as"Old." All totals will calculate automatically. LOCAL "Current" DEPOSIT PIN or"Old" Funding FEDERAL STATE AMOUNT Fiscal entry Source TOTAL Costs Funds Funds LOCAL Funds (Required Share indicator (Percentage) only if State Administered) Current Other(see FN)(95%) $143,120.00 $135,964.00 $0.00 $7,156.00 $0.00 8763.18.121 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current Other(see FN)(95%) $37,500.00 $35,625.00 $0.00 $1,875.00 $0.00 8763.18.221 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 TOTAL CURRENT COSTS: $180,620.00 $171,589.00 $ 0.00 $9,031.00 $ 0.00 Page 53 of 332 Schedule A(01/2023) Press F1 to read instructions in blank fields Page 2 of 3 NYSDOT/State-Local Agreement—Schedule A PIN 8763.18 B. Local Deposit(s) from Section A: $ o.00 Additional Local Deposit(s) $o.00 Total Local Deposit(s) $ o.00 C. Total Project Costs All totals will calculate automatically. Total Total Total Total FEDERAL STATE LOCAL ALL SOURCES Cost Cost Cost Cost $171,589.00 $ 0.00 $9,031.00 $180,620.00 Total FEDERAL Cost $171,589.00 Total STATE Cost $ 0.00 SFS TOTAL CONTRACT AMOUNT $171,589.00 D. Point of Contact for Questions Regarding this Name: Danielle Rispoli Schedule A (Must be completed) Phone No: 845-431-5724 See Agreement(or Supplemental Agreement Cover) for required contract signatures. Footnotes (FN): (See LPB's SharePoint for link to sample footnotes) • Project description continued: This project will replace the superstructure of the bridge that carries Rockland Avenue over the Sheldrake River in the Town of Mamroneck in Westchester County. • **This is a 2022 Bridge NY project and funding is designated "Bridge Formula Main". • Project must begin construction no later than 24 months after award; award is defined as approved State-Local Agreement (SLA) by the NYS Office of the State Comptroller. The Project Sponsor must expeditiously progress the execution of the SLA. • Projects must be fully completed within 30 months of commencing construction; construction is defined as an award to a contractor or commencement of work by municipal/sponsor work forces. Therefore, Sponsors are strongly encouraged to have projects substantially completed within two years of commencing construction. • XX.121 represents $71,560 for Preliminary Design, $71,560 for Detailed Design. • XX.221 represents $37,500 for ROW Acquisition, $37,500 for ROW Incidentals. • This is a Bridge NY Culvert project with a capped amount of$769,200.00. Funding may be applied to all phases of the project • This is a Bridge NY Bridge project and is funded with 95% federal aid with the addition of toll credits, as provided for under Title 23 USC 120(i). The remaining 5% of the project cost will be non-federal (i.e., local) match. Any additional funds required to complete the project beyond the award amount of$769,000.00 are the responsibility of the project sponsor. • Page 54 of 332 Schedule A(01/2023) Press F1 to read instructions in blank fields Page 3 of 3 • • PIN 8763.18 4/1/2024 DR Page 55 of 332 SCHEDULE B: Phases, Sub-phase/Tasks, and Allocation of Responsibility Instructions: Identify the responsibility for each applicable Sub-phase task by entering X in either the NYSDOT column to allocate the task to State labor forces or a State Contract, or in the Sponsor column indicating non-State labor forces or a locally administered contract. Al. Preliminary Engineering ("PE") Phase Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Scoping: Prepare and distribute all required project reports, including an ❑ Expanded Project Proposal (EPP) or Scoping Summary Memorandum (SSM), as appropriate. 2. Perform data collection and analysis for design, including traffic counts ❑ and forecasts, accident data, Smart Growth checklist, land use and development analysis and forecasts. 3. Smart Growth Attestation (NYSDOT ONLY). ® ❑ 4. Preliminary Design: Prepare and distribute Design Report/Design ❑ Approval Document (DAD), including environmental analysis/assessments, and other reports required to demonstrate the completion of specific design sub-phases or tasks and/or to secure the approval/authorization to proceed. 5. Review and Circulate all project reports, plans, and other project data to ❑ obtain the necessary review, approval, and/or other input and actions required of other NYSDOT units and external agencies. 6. Obtain aerial photography and photogrammetric mapping. ❑ 7. Perform all surveys for mapping and design. ❑ 8. Detailed Design: Perform all project design, including preparation of ❑ plan sheets, cross-sections, profiles, detail sheets, specialty items, shop drawings, and other items required in accordance with the Highway Design Manual, including all Highway Design, including pavement evaluations, including taking and analyzing cores; design of Pavement mixes and applications procedures; preparation of bridge site data package, if necessary, and all Structural Design, including hydraulic analyses, if necessary, foundation design, and all design of highway appurtenances and systems [e.g., Signals, Intelligent Transportation System (ITS) facilities], and maintenance protection of traffic plans. Federal Railroad Administration (FRA) criteria will apply to rail work. 9. Perform landscape design (including erosion control). ❑ 10. Design environmental mitigation, where appropriate, in connection with: ❑ Noise readings, projections, air quality monitoring, emissions projections, hazardous waste, asbestos, determination of need of cultural resources survey. Page 56 of 332 Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 11. Prepare demolition contracts, utility relocation plans/contracts, and any ❑ other plans and/or contract documents required to advance, separate, any portions of the project which may be more appropriately progressed separately and independently. 12.Compile PS&E package, including all plans, proposals, specifications, ❑ estimates, notes, special contract requirements, and any other contract documents necessary to advance the project to construction. 13.Conduct any required soils and other geological investigations. ❑ 14.Obtain utility information, including identifying the locations and types of ❑ utilities within the project area, the ownership of these utilities, and prepare utility relocations plans and agreements, including completion of Form HC-140, titled Preliminary Utility Work Agreement. 15. Determine the need and apply for any required permits, including U.S. ❑ Coast Guard, U.S. Army Corps of Engineers, Wetlands (including identification and delineation of wetlands), SPDES, NYSDOT Highway Work Permits, and any permits or other approvals required to comply with local laws, such as zoning ordinances, historic districts, tax assessment and special districts. 16. Prepare and execute any required agreements, including: ❑ - Railroad force account - Maintenance agreements for sidewalks, lighting, signals, betterments - Betterment Agreements - Utility Work Agreements for any necessary Utility Relocations of Privately owned Utilities 17. Provide overall supervision/oversight of design to assure conformity ❑ with Federal and State design standards or conditions, including final approval of PS&E (Contract Bid Documents) by NYSDOT. A2. Right-of-Way (ROW) Incidentals Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Prepare ARM or other mapping, showing preliminary taking lines. ❑ 2. ROW mapping and any necessary ROW relocation plans. ❑ 3. Obtain abstracts of title and certify those having an interest in ROW to ❑ be acquired. 4. Secure Appraisals. ❑ 5. Perform Appraisal Review and establish an amount representing just ❑ compensation. Page 57 of 332 Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 6. Determination of exemption from public hearing that is otherwise ❑ required by the Eminent Domain Procedure Law, including de minimis determination, as may be applicable. If NYSDOT is responsible for acquiring the right-of-way, this determination may be performed by NYSDOT only if NYSDOT is responsible for the Preliminary Engineering Phase under Phase Al of this Schedule B. 7. Conduct any public hearings and/or informational meetings as may be ❑ required by the Eminent Domain Procedures Law, including the provision of stenographic services, preparation and distribution of transcripts, and response to issues raised at such meetings. B. Right-of-Way (ROW) Acquisition Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Perform all Right-of-Way (ROW) Acquisition work, including ❑ negotiations with property owners, acquisition of properties and accompanying legal work, payments to and/or deposits on behalf of property owners; Prepare, publish, and pay for any required legal notices; and all other actions necessary to secure title to, possession of, and entry to required properties. If NYSDOT is to acquire property, including property described as an uneconomic remainder, on behalf of the Municipality/Sponsor, the Municipality/Sponsor agrees to accept and take title to any and all permanent property rights so acquired which form a part of the completed Project. 2. Provide required relocation assistance, including payment of moving ❑ expenses, replacement supplements, mortgage interest differentials, closing costs, mortgage prepayment fees. 3. Conduct eminent domain proceedings, court and any other legal ❑ actions required to acquire properties. 4. Monitor all ROW Acquisition work and activities, including review and ❑ processing of payments of property owners. 5. Provide official certification that all right-of-way required for the ❑ construction has been acquired in compliance with applicable Federal, State or Local requirements and is available for use and/or making projections of when such property(ies) will be available if such properties are not in hand at the time of contract award. 6. Conduct any property management activities, including establishment ❑ and collecting rents, building maintenance and repairs, and any other activities necessary to sustain properties and/or tenants until the sites are vacated, demolished, or otherwise used for the construction project. 7. Subsequent to completion of the Project, conduct ongoing property ❑ management activities in a manner consistent with applicable Federal, State and Local requirements including, as applicable, the development of any ancillary uses, establishment and collection of rent, property maintenance and any other related activities. Page 58 of 332 C. Construction, Construction Support (C/S) and Construction Inspection (C/I) Phase Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Advertise contract lettings and distribute contract documents to ❑ prospective bidders. 2. Conduct all contract lettings, including receipt, opening, and analysis of ❑ CZ bids, evaluation/certification of bidders, notification of rejected bids/bidders, and awarding of the construction contract(s). 3. Receive and process bid deposits and verify any bidder's insurance and ❑ bond coverage that may be required. 4. Compile and submit Contract Award Documentation Package. ❑ 5. Review/approve any proposed subcontractors, vendors, or suppliers. ❑ 6. Conduct and control all construction activities in accordance with the ❑ CZ plans and proposal for the project. Maintain accurate, up-to-date project records and files, including all diaries and logs, to provide a detailed chronology of project construction activities. Procure or provide all materials, supplies and labor for the performance of the work on the project, and insure that the proper materials, equipment, human resources, methods and procedures are used. 7a. For non-NHS or non-State Highway System Projects: Test and accept ❑ ❑ materials, including review and approval for any requests for substitutions. 7b. For NHS or State Highway System Projects: Inspection and approval of materials such as bituminous concrete, Portland cement concrete, ❑ ❑ structural steel, concrete structural elements and/or their components to be used in a federal aid project will be performed by, and according to the requirements of NYSDOT. The Municipality/Sponsor shall make or require provision for such materials inspection in any contract or subcontract that includes materials that are subject to inspection and approval in accordance with the applicable NYSDOT design and construction standards associated with the federal aid project. 7c. For projects that fall under both 7a and 7b above, check boxes for each. 8. Design and/or re-design the project or any portion of the project that ❑ CZ may be required because of conditions encountered during construction. 9. Administer construction contract, including the review and approval of ❑ CZ all contactor requests for payment, orders-on-contract, force account work, extensions of time, exceptions to the plans and specifications, substitutions or equivalents, and special specifications. 10. Review and approve all shop drawings, fabrication details, and other ❑ CZ details of structural work. 11.Administer all construction contract claims, disputes or litigation. ❑ CZ Page 59 of 332 Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 12. Perform final inspection of the complete work to determine and verify final quantities, prices, and compliance with plans specifications, and such other construction engineering supervision and inspection work necessary to conform to Municipal, State and FHWA requirements, including the final acceptance of the project by NYSDOT. 13. Pursuant to Federal Regulation 49 CFR 18.42(e)(1) The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. Page 60 of 332 APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. June 2023 Page 61 of 332 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A TABLE OF CONTENTS Page 1. Executory Clause 3 2. Non-Assignment Clause 3 3. Comptroller's Approval 3 4. Workers' Compensation Benefits 3 5. Non-Discrimination Requirements 3 6. Wage and Hours Provisions 3-4 7. Non-Collusive Bidding Certification 4 8. International Boycott Prohibition 4 9. Set-Off Rights 4 10. Records 4 11. Identifying Information and Privacy Notification 4 12. Equal Employment Opportunities For Minorities and Women 5 13. Conflicting Terms 5 14. Governing Law 5 15. Late Payment 5 16. No Arbitration 5 17. Service of Process 5 18. Prohibition on Purchase of Tropical Hardwoods 5-6 19. MacBride Fair Employment Principles 6 20. Omnibus Procurement Act of 1992 6 21. Reciprocity and Sanctions Provisions 6 22. Compliance with Breach Notification and Data Security Laws 6 23. Compliance with Consultant Disclosure Law 6-7 24. Procurement Lobbying 7 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7 State Contractors,Affiliates and Subcontractors 26. Iran Divestment Act 7 27. Admissibility of Contract 7 Page 2 Paw6205$332 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A STANDARD CLAUSES FOR NYS CONTRACTS 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this The parties to the attached contract,license,lease,amendment contract shall be void and of no force and effect unless the or other agreement of any kind (hereinafter, "the contract" or Contractor shall provide and maintain coverage during the life "this contract") agree to be bound by the following clauses of this contract for the benefit of such employees as are required which are hereby made a part of the contract (the word to be covered by the provisions of the Workers' Compensation "Contractor" herein refers to any party other than the State, Law. whether a contractor, licenser, licensee, lessor, lessee or any other party): 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law(also known 1. EXECUTORY CLAUSE. In accordance with Section 41 as the Human Rights Law) and all other State and Federal of the State Finance Law,the State shall have no liability under statutory and constitutional non-discrimination provisions,the this contract to the Contractor or to anyone else beyond funds Contractor will not discriminate against any employee or appropriated and available for this contract. applicant for employment, nor subject any individual to harassment,because of age,race, creed, color,national origin, 2. NON-ASSIGNMENT CLAUSE. In accordance with citizenship or immigration status, sexual orientation, gender Section 138 of the State Finance Law,this contract may not be identity or expression, military status, sex, disability, assigned by the Contractor or its right, title or interest therein predisposing genetic characteristics, familial status, marital assigned,transferred,conveyed,sublet or otherwise disposed of status, or domestic violence victim status or because the without the State's previous written consent,and attempts to do individual has opposed any practices forbidden under the so are null and void. Notwithstanding the foregoing,such prior Human Rights Law or has filed a complaint, testified, or written consent of an assignment of a contract let pursuant to assisted in any proceeding under the Human Rights Law. Article XI of the State Finance Law may be waived at the Furthermore, in accordance with Section 220-e of the Labor discretion of the contracting agency and with the concurrence Law,if this is a contract for the construction,alteration or repair of the State Comptroller where the original contract was subject of any public building or public work or for the manufacture, to the State Comptroller's approval, where the assignment is sale or distribution of materials, equipment or supplies, and to due to a reorganization, merger or consolidation of the the extent that this contract shall be performed within the State Contractor's business entity or enterprise. The State retains its of New York, Contractor agrees that neither it nor its right to approve an assignment and to require that any subcontractors shall,by reason of race,creed,color,disability, Contractor demonstrate its responsibility to do business with sex, or national origin: (a) discriminate in hiring against any the State. The Contractor may, however, assign its right to New York State citizen who is qualified and available to receive payments without the State's prior written consent perform the work;or(b)discriminate against or intimidate any unless this contract concerns Certificates of Participation employee hired for the performance of work under this contract. pursuant to Article 5-A of the State Finance Law. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, 3. COMPTROLLER'S APPROVAL. In accordance with Contractor agrees that neither it nor its subcontractors shall by Section 112 of the State Finance Law, if this contract exceeds reason of race, creed, color, national origin, age, sex or $50,000(or$75,000 for State University of New York or City disability: (a) discriminate in hiring against any New York University of New York contracts for goods, services, State citizen who is qualified and available to perform the work; construction and printing, and $150,000 for State University or(b)discriminate against or intimidate any employee hired for Health Care Facilities) or if this is an amendment for any the performance of work under this contract. Contractor is amount to a contract which, as so amended, exceeds said subject to fines of$50.00 per person per day for any violation statutory amount,or if,by this contract,the State agrees to give of Section 220-e or Section 239 as well as possible termination something other than money when the value or reasonably of this contract and forfeiture of all moneys due hereunder for estimated value of such consideration exceeds$25,000,it shall a second or subsequent violation. not be valid,effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. 6. WAGE AND HOURS PROVISIONS. If this is a public Comptroller's approval of contracts let by the Office of General work contract covered by Article 8 of the Labor Law or a Services,either for itself or its customer agencies by the Office building service contract covered by Article 9 thereof,neither of General Services Business Services Center,is required when Contractor's employees nor the employees of its subcontractors such contracts exceed $85,000. Comptroller's approval of may be required or permitted to work more than the number of contracts established as centralized contracts through the Office hours or days stated in said statutes, except as otherwise of General Services is required when such contracts exceed provided in the Labor Law and as set forth in prevailing wage $125,000, and when a purchase order or other procurement and supplement schedules issued by the State Labor transaction issued under such centralized contract exceeds Department. Furthermore, Contractor and its subcontractors $200,000. must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay,as determined by the State Labor Department in Page 3 Pa 6303$332 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A accordance with the Labor Law. Additionally,effective April must be kept for the balance of the calendar year in which they 28,2008,if this is a public work contract covered by Article 8 were made and for six(6)additional years thereafter. The State of the Labor Law, the Contractor understands and agrees that Comptroller, the Attorney General and any other person or the filing of payrolls in a manner consistent with Subdivision 3- entity authorized to conduct an examination, as well as the a of Section 220 of the Labor Law shall be a condition precedent agency or agencies involved in this contract, shall have access to payment by the State of any State approved sums due and to the Records during normal business hours at an office of the owing for work done upon the project. Contractor within the State of New York or,if no such office is available,at a mutually agreeable and reasonable venue within 7. NON-COLLUSIVE BIDDING CERTIFICATION. In the State, for the term specified above for the purposes of accordance with Section 139-d of the State Finance Law,if this inspection, auditing and copying. The State shall take contract was awarded based upon the submission of bids, reasonable steps to protect from public disclosure any of the Contractor affirms, under penalty of perjury, that its bid was Records which are exempt from disclosure under Section 87 of arrived at independently and without collusion aimed at the Public Officers Law(the "Statute") provided that: (i) the restricting competition. Contractor further affirms that, at the Contractor shall timely inform an appropriate State official, in time Contractor submitted its bid,an authorized and responsible writing,that said records should not be disclosed;and(ii) said person executed and delivered to the State a non-collusive records shall be sufficiently identified; and(iii)designation of bidding certification on Contractor's behalf. said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish,or in any way adversely affect, 8. INTERNATIONAL BOYCOTT PROHIBITION. In the State's right to discovery in any pending or future litigation. accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law,if this contract exceeds$5,000, 11. IDENTIFYING INFORMATION AND PRIVACY the Contractor agrees, as a material condition of the contract, NOTIFICATION. (a) Identification Number(s). Every that neither the Contractor nor any substantially owned or invoice or New York State Claim for Payment submitted to a affiliated person, firm, partnership or corporation has New York State agency by a payee,for payment for the sale of participated, is participating, or shall participate in an goods or services or for transactions (e.g., leases, easements, international boycott in violation of the federal Export licenses,etc.)related to real or personal property must include Administration Act of 1979 (50 USC App. Sections 2401 et the payee's identification number. The number is any or all of seq.) or regulations thereunder. If such Contractor, or any of the following: (i) the payee's Federal employer identification the aforesaid affiliates of Contractor, is convicted or is number,(ii)the payee's Federal social security number,and/or otherwise found to have violated said laws or regulations upon (iii)the payee's Vendor Identification Number assigned by the the final determination of the United States Commerce Statewide Financial System. Failure to include such number or Department or any other appropriate agency of the United numbers may delay payment. Where the payee does not have States subsequent to the contract's execution, such contract, such number or numbers,the payee,on its invoice or Claim for amendment or modification thereto shall be rendered forfeit and Payment,must give the reason or reasons why the payee does void. The Contractor shall so notify the State Comptroller not have such number or numbers. within five(5)business days of such conviction,determination or disposition of appeal(2 NYCRR§ 105.4). (b)Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a 9.SET-OFF RIGHTS. The State shall have all of its common lessor of real or personal property,and the authority to maintain law,equitable and statutory rights of set-off. These rights shall such information, is found in Section 5 of the State Tax Law. include,but not be limited to,the State's option to withhold for Disclosure of this information by the seller or lessor to the State the purposes of set-off any moneys due to the Contractor under is mandatory.The principal purpose for which the information this contract up to any amounts due and owing to the State with is collected is to enable the State to identify individuals, regard to this contract, any other contract with any State businesses and others who have been delinquent in filing tax department or agency, including any contract for a term returns or may have understated their tax liabilities and to commencing prior to the term of this contract,plus any amounts generally identify persons affected by the taxes administered by due and owing to the State for any other reason including, the Commissioner of Taxation and Finance. The information without limitation, tax delinquencies, fee delinquencies or will be used for tax administration purposes and for any other monetary penalties relative thereto. The State shall exercise its purpose authorized by law. (2) The personal information is set-off rights in accordance with normal State practices requested by the purchasing unit of the agency contracting to including, in cases of set-off pursuant to an audit, the purchase the goods or services or lease the real or personal finalization of such audit by the State agency, its property covered by this contract or lease. The information is representatives,or the State Comptroller. maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, 10. RECORDS. The Contractor shall establish and maintain Office of the State Comptroller, 110 State Street,Albany,New complete and accurate books,records,documents,accounts and York 12236. other evidence directly pertinent to performance under this contract(hereinafter,collectively,the"Records"). The Records Page 4 June 2023 Page 64 of 332 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR apply to: (i)work,goods or services unrelated to this contract; MINORITIES AND WOMEN. In accordance with Section or (ii) employment outside New York State. The State shall 312 of the Executive Law and 5 NYCRR Part 143, if this consider compliance by a contractor or subcontractor with the contract is: (i) a written agreement or purchase order requirements of any federal law concerning equal employment instrument, providing for a total expenditure in excess of opportunity which effectuates the purpose of this clause. The $25,000.00, whereby a contracting agency is committed to contracting agency shall determine whether the imposition of expend or does expend funds in return for labor, services, the requirements of the provisions hereof duplicate or conflict supplies, equipment, materials or any combination of the with any such federal law and if such duplication or conflict foregoing,to be performed for, or rendered or furnished to the exists, the contracting agency shall waive the applicability of contracting agency; or (ii) a written agreement in excess of Section 312 to the extent of such duplication or conflict. $100,000.00 whereby a contracting agency is committed to Contractor will comply with all duly promulgated and lawful expend or does expend funds for the acquisition,construction, rules and regulations of the Department of Economic demolition, replacement, major repair or renovation of real Development's Division of Minority and Women's Business property and improvements thereon;or(iii)a written agreement Development pertaining hereto. in excess of$100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds 13. CONFLICTING TERMS. In the event of a conflict for the acquisition, construction, demolition, replacement, between the terms of the contract (including any and all major repair or renovation of real property and improvements attachments thereto and amendments thereof)and the terms of thereon for such project,then the following shall apply and by this Appendix A,the terms of this Appendix A shall control. signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal (a) The Contractor will not discriminate against employees or supremacy clause requires otherwise. applicants for employment because of race, creed, color, national origin,sex,age,disability or marital status,shall make 15. LATE PAYMENT. Timeliness of payment and any and document its conscientious and active efforts to employ and interest to be paid to Contractor for late payment shall be utilize minority group members and women in its work force governed by Article 11-A of the State Finance Law to the extent on State contracts and will undertake or continue existing required by law. programs of affirmative action to ensure that minority group members and women are afforded equal employment 16. NO ARBITRATION. Disputes involving this contract, opportunities without discrimination. Affirmative action shall including the breach or alleged breach thereof, may not be mean recruitment, employment, job assignment, promotion, submitted to binding arbitration (except where statutorily upgradings,demotion,transfer,layoff,or termination and rates authorized),but must,instead,be heard in a court of competent of pay or other forms of compensation; jurisdiction of the State of New York. (b) at the request of the contracting agency,the Contractor shall 17. SERVICE OF PROCESS. In addition to the methods of request each employment agency, labor union, or authorized service allowed by the State Civil Practice Law & Rules representative of workers with which it has a collective ("CPLR"), Contractor hereby consents to service of process bargaining or other agreement or understanding, to furnish a upon it by registered or certified mail,return receipt requested. written statement that such employment agency,labor union or Service hereunder shall be complete upon Contractor's actual representative will not discriminate on the basis of race,creed, receipt of process or upon the State's receipt of the return color,national origin, sex, age, disability or marital status and thereof by the United States Postal Service as refused or that such union or representative will affirmatively cooperate in undeliverable. Contractor must promptly notify the State, in the implementation of the Contractor's obligations herein;and writing, of each and every change of address to which service of process can be made. Service by the State to the last known (c) the Contractor shall state, in all solicitations or address shall be sufficient. Contractor will have thirty (30) advertisements for employees, that, in the performance of the calendar days after service hereunder is complete in which to State contract, all qualified applicants will be afforded equal respond. employment opportunities without discrimination because of race,creed,color,national origin,sex,age,disability or marital 18. PROHIBITION ON PURCHASE OF TROPICAL status. HARDWOODS.The Contractor certifies and warrants that all wood products to be used under this contract award will be in Contractor will include the provisions of "(a), (b) and (c)" accordance with, but not limited to, the specifications and above, in every subcontract over $25,000.00 for the provisions of Section 165 of the State Finance Law, (Use of construction, demolition, replacement, major repair, Tropical Hardwoods) which prohibits purchase and use of renovation, planning or design of real property and tropical hardwoods,unless specifically exempted,by the State improvements thereon(the"Work")except where the Work is or any governmental agency or political subdivision or public for the beneficial use of the Contractor. Section 312 does not benefit corporation. Qualification for an exemption under this Page 5 June 2023 Page 65 of 332 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A law will be the responsibility of the contractor to establish to Authorities Law§2879(3)(n)—(p))requires that by signing this meet with the approval of the State. bid proposal or contract,as applicable,Contractors certify that whenever the total bid amount is greater than$1 million: In addition,when any portion of this contract involving the use of woods,whether supply or installation,is to be performed by (a) The Contractor has made reasonable efforts to encourage any subcontractor, the prime Contractor will indicate and the participation of New York State Business Enterprises as certify in the submitted bid proposal that the subcontractor has suppliers and subcontractors,including certified minority-and been informed and is in compliance with specifications and women-owned business enterprises, on this project, and has provisions regarding use of tropical hardwoods as detailed in retained the documentation of these efforts to be provided upon § 165 State Finance Law. Any such use must meet with the request to the State; approval of the State;otherwise,the bid may not be considered responsive. Under bidder certifications, proof of qualification (b) The Contractor has complied with the Federal Equal for exemption will be the responsibility of the Contractor to Opportunity Act of 1972(P.L.92-261),as amended; meet with the approval of the State. (c)The Contractor agrees to make reasonable efforts to provide 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES notification to New York State residents of employment (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK opportunities on this project through listing any such positions STATE CONTRACTS). In accordance with the MacBride Fair with the Job Service Division of the New York State Employment Principles(Chapter 807 of the Laws of 1992),the Department of Labor, or providing such notification in such Contractor hereby stipulates that the Contractor either(a) has manner as is consistent with existing collective bargaining no business operations in Northern Ireland, or (b) shall take contracts or agreements. The Contractor agrees to document lawful steps in good faith to conduct any business operations in these efforts and to provide said documentation to the State Northern Ireland in accordance with the MacBride Fair upon request;and Employment Principles(as described in Section 165 of the New York State Finance Law), and shall permit independent (d)The Contractor acknowledges notice that the State may seek monitoring of compliance with such principles. to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 20. OMNIBUS PROCUREMENT ACT OF 1992 (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK 21. RECIPROCITY AND SANCTIONS PROVISIONS. STATE CONTRACTS). It is the policy of New York State to Bidders are hereby notified that if their principal place of maximize opportunities for the participation of New York State business is located in a country, nation, province, state or business enterprises, including minority- and women-owned political subdivision that penalizes New York State vendors, business enterprises as bidders,subcontractors and suppliers on and if the goods or services they offer will be substantially its procurement contracts. produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments(Chapter 684 and Information on the availability of New York State Chapter 383, respectively, codified in State Finance Law subcontractors and suppliers is available from: § 165(6) and Public Authorities Law §2879(5)) require that they be denied contracts which they would otherwise obtain. NYS Department of Economic Development NOTE: As of May 2023,the list of discriminatory jurisdictions Division for Small Business and Technology Development subject to this provision includes the states of South Carolina, 625 Broadway Alaska, Virginia,West Wyoming,Louisiana and Hawaii. Albany,New York 12245 Telephone: 518-292-5100 22. COMPLIANCE WITH BREACH NOTIFICATION AND DATA SECURITY LAWS. Contractor shall comply A directory of certified minority- and women-owned business with the provisions of the New York State Information Security enterprises is available from: Breach and Notification Act(General Business Law§§ 899-aa and 899-bb and State Technology Law§ 208). NYS Department of Economic Development Division of Minority and Women's Business Development 23. COMPLIANCE WITH CONSULTANT 633 Third Avenue 33rd Floor DISCLOSURE LAW. If this is a contract for consulting New York,NY 10017 services, defined for purposes of this requirement to include 646-846-7364 analysis, evaluation, research, training, data processing, email:mwbebusinessdev@esd.ny.gov computer programming, engineering, environmental, health, hops://ny.newnycontracts.com/FrontEnd/searchcertifieddir and mental health services, accounting, auditing, paralegal, ectory.asp legal or similar services,then,in accordance with Section 163 (4)(g)of the State Finance Law(as amended by Chapter 10 of The Omnibus Procurement Act of 1992 (Chapter 844 of the the Laws of 2006),the Contractor shall timely, accurately and Laws of 1992,codified in State Finance Law§ 139-i and Public properly comply with the requirement to submit an annual Page 6 June 2023 Page 66 of 332 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A employment report for the contract to the agency that awarded seeking compliance, recovering damages, or declaring the the contract, the Department of Civil Service and the State Contractor in default. Comptroller. The state agency reserves the right to reject any bid,request for 24. PROCUREMENT LOBBYING. To the extent this assignment,renewal or extension for an entity that appears on agreement is a "procurement contract" as defined by State the Prohibited Entities List prior to the award, assignment, Finance Law§§ 139-j and 139-k,by signing this agreement the renewal or extension of a contract, and to pursue a contractor certifies and affirms that all disclosures made in responsibility review with respect to any entity that is awarded accordance with State Finance Law §§ 139-j and 139-k are a contract and appears on the Prohibited Entities list after complete, true and accurate. In the event such certification is contract award. found to be intentionally false or intentionally incomplete,the State may terminate the agreement by providing written 27. ADMISSIBILITY OF REPRODUCTION OF notification to the Contractor in accordance with the terms of CONTRACT. Notwithstanding the best evidence rule or any the agreement. other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all 25. CERTIFICATION OF REGISTRATION TO objections to the admissibility into evidence at any court COLLECT SALES AND COMPENSATING USE TAX BY proceeding or to the use at any examination before trial of an CERTAIN STATE CONTRACTORS,AFFILIATES AND electronic reproduction of this contract, in the form approved SUBCONTRACTORS. by the State Comptroller, if such approval was required, To the extent this agreement is a contract as defined by Tax Law regardless of whether the original of said contract is in § 5-a, if the contractor fails to make the certification required existence. by Tax Law § 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency,as defined by Tax Law§5-a,discovers that the certification,made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26. IRAN DIVESTMENT ACT. By entering into this Agreement,Contractor certifies in accordance with State Finance Law§ 165-a that it is not on the"Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012"("Prohibited Entities List")posted at: https://ogs.ny.gov/iran-divestment-act-2012 Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract,should the state agency receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation,then the state agency shall take such action as may be appropriate and provided for by law,rule, or contract, including, but not limited to, imposing sanctions, Page 7 June 2023 Page 67 of 332 APPENDIX A-1 SUPPLEMENTAL TITLE VI PROVISIONS (CIVIL RIGHTS ACT) (To be included in all contracts) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally assisted programs of the Department of Transportation of the United States, Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter "FHWA") Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, religion, age, color, sex or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by NYSDOT or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to NYSDOT's Office of Civil Rights or FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, NYSDOT shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a) Withholding of payments to the contractor under the contract until the contractor complies; and/or b) Cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Page 68 of 332 The contractor shall take such action with respect to any subcontractor procurement as NYSDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request NYSDOT to enter into such litigation to protect the interests of NYSDOT, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 69 of 332 APPENDIX B REQUIREMENTS FOR FEDERALLY-AIDED TRANSPORTATION PROJECTS (June 2016) There is a substantial body of requirements attached to the use of Federal highway or transportation aid. These requirements create or overlay processes, procedures, documentation requirements, authorizations, approvals and certifications that may be substantially greater or different from those that are not funded with Federal-aid and proceed under applicable State and local laws, customs and practices. Under Title 23 of the United States Code, the New York State Department of Transportation (NYSDOT) is responsible for the administration of transportation projects in New York State to which NYSDOT provides Federal highway or transportation-related aid. Through this Agreement, which provides or is associated with such funding, NYSDOT delegates various elements of project and funding administration as described elsewhere in this Agreement. In undertaking a Federally aided project, the Municipality/Sponsor, Authority or Project Manager designated under this Agreement with Federal-aid funding or project administration agrees to proceed in compliance with all the applicable Federal-aid requirements. NYSDOT, in cooperation with FHWA, has assembled the body of Federal-aid requirements, procedures and practices in its Procedures for Locally Administered Federal-Aid Projects Manual (available through NYSDOT's web site at: http://www.dot.ny.gov/plafap). In addition, the Municipality/Sponsor, Authority or Project Manager designated under this Agreement for Federal-aid funding or project administration that enters into Federally aided project construction contracts is required to physically incorporate into all its Federally aided construction contracts and subcontracts there under the provisions that are contained in Form FHWA-1273 (available from NYSDOT or electronically at: http://www.fhwa.dot.gov/programadmin/contracts/1273.htm). In addition to the referenced requirements, the attention of Municipality/Sponsor hereunder is directed to the following requirements and information: NON DISCRIMINATION/EEO/DBE REQUIREMENTS The Municipality/Sponsor and its contractors agree to comply with Executive Order 11246, entitled "Equal Employment Opportunity" and United States Department of Transportation (USDOT) regulations (49 CFR Parts 21, 23, 25, 26 and 27) and the following: 1. NON DISCRIMINATION. No person shall, on the ground of race, color, creed, national origin, sex, age or handicap, be excluded from participation in, or denied the benefits of, or be subject to, discrimination under the Project funded through this Agreement. 2. EQUAL EMPLOYMENT OPPORTUNITY. In connection with the execution of this Agreement, the Municipality/Sponsors contractors or subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, age, color, sex or national origin. Such contractors shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national origin or age. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Page 70 of 332 3. DISADVANTAGED BUSINESS ENTERPRISES. In connection with the performance of this Agreement, the Municipality/Sponsor shall cause its contractors to cooperate with the State in meeting its commitments and goals with regard to the utilization of Disadvantaged Business Enterprises (DBEs) and will use its best efforts to ensure that DBEs will have opportunity to compete for subcontract work under this Agreement. Also, in this connection the Municipality or Municipality/Sponsor shall cause its contractors to undertake such actions as may be necessary to comply with 49 CFR Part 26. As a sub-recipient under 49 CFR Part 26.13, the Municipality/Sponsor hereby makes the following assurance. The Municipality/Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any United States Department of Transportation (USDOT)-assisted contract or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26. The Municipality/Sponsor shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of the United States Department of Transportation-assisted contracts. The New York State Department of Transportation's DBE program, as required by 49 CFR Part 26 and as approved by the United States Department of Transportation, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). FEDERAL SINGLE AUDIT REQUIREMENTS Non-Federal entities that expend $750,000 or more in a year in Federal awards from all sources are required to comply with the Federal Single Audit Act provisions contained in U.S. Office of Management and Budget (OMB) Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations. Non-Federal entities that expend Federal awards from a single source may provide a program specific audit, as defined in the Circular. Non-Federal entities that expend less than the amount above in a year in Federal awards from all sources are exempt from Federal audit requirements for that year, except as noted in Sec. 215 (a) of OMB Circular A-133 Subpart B--Audits, records must be available for review or audit by appropriate officials of the cognizant Federal agency' the New York State Department of Transportation, the New York State Comptrollers Office and the U.S. Governmental Accountability Office (GAO). Non-Federal entities are required to submit a copy of all audits, as described above, within 30 days of issuance of audit report, but no later than 9 months after the end of the entity's fiscal year, to the New York State Department of Transportation, Contract Audit Bureau, 50 Wolf Road, Albany, NY 12232. Unless a time extension has been granted by the cognizant Federal Agency and has been filed with the New York State Department of Transportation's Contract Audit Bureau, failure to comply with the requirements of OMB Circular A-133 may result in suspension or termination of Federal award payments. The designated cognizant agency for audit shall be the federal awarding agency that provides the predominant amount of direct funding to a recipient unless OMB changes it. Page 71 of 332 THE CATALOG OF FEDERAL DOMESTIC ASSISTANCE The Catalog of Federal Domestic Assistance (CFDA2), is an on-line database of all Federally- aided programs available to State and local governments (including the District of Columbia); Federally recognized Indian tribal governments; Territories (and possessions) of the United States; domestic public, quasi-public, and private profit and nonprofit organizations and institutions; specialized groups; and individuals. THE CFDA IDENTIFICATION NUMBER OMB Circular A-133 requires all Federal-aid recipients to identify and account for awards and expenditures by CFDA Number. The Municipality/Sponsor is required to identify in its accounts all Federal awards received and expended, and the Federal programs under which they were received. Federal program and award identification shall include, as applicable, the CFDA title and number, award number and year, name of the Federal agency, and name of the pass-through entity. The most commonly used CFDA number for the Federal Aid Highway Planning and Construction program is 20.205. Additional CFDA numbers for other transportation and non-transportation related programs are: 20.215 Highway Training and Education 20.219 Recreational Trails Program 20.XXX Highway Planning and Construction - Highways for LIFE; 20.XXX Surface Transportation Research and Development; 20.500 Federal Transit-Capital Investment Grants 20.505 Federal Transit-Metropolitan Planning Grants 20.507 Federal Transit-Formula Grants 20.509 Formula Grants for Other Than Urbanized Areas 20.600 State and Community Highway Safety 23.003 Appalachian Development Highway System 23.008 Appalachian Local Access Roads PROMPT PAYMENT MECHANISMS In accordance with 49 CFR 26.29, and NY State Finance Law 139-f or NY General Municipal Law 106-b(2) as applicable: (a) You must establish, as part of your DBE program, a contract clause to require prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 7 calendar days from receipt of each payment you make to the prime contractor. (b) You must ensure prompt and full payment of retainage from the prime contractor to the subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed. You must use one of the following methods to comply with this requirement: (1) You may decline to hold retainage from prime contractors and prohibit prime contractors from holding retainage from subcontractors. (2) You may decline to hold retainage from prime contractors and require a contract clause obligating prime contractors to make prompt and full payment of any retainage kept by 2 http://www.cfda.gov/ Page 72 of 332 prime contractor to the subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed. (3) You may hold retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 7 calendar days after your payment to the prime contractor. (c) For purposes of this section, a subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the recipient. When a recipient has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. (d) Your DBE program must provide appropriate means to enforce the requirements of this section. These means may include appropriate penalties for failure to comply, the terms and conditions of which you set. Your program may also provide that any delay or postponement of payment among the parties may take place only for good cause, with your prior written approval. (e) You may also establish, as part of your DBE program, any of the following additional mechanisms to ensure prompt payment: (1) A contract clause that requires prime contractors to include in their subcontracts language providing that prime contractors and subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes. You may specify the nature of such mechanisms. (2) A contract clause providing that the prime contractor will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed. (3) Other mechanisms, consistent with this part and applicable state and local law, to ensure that DBEs and other contractors are fully and promptly paid. CARGO PREFERENCE ACT REQUIREMENTS — U.S. FLAG VESSELS In accordance with 46 CFR 381, the contractor agrees: (a) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. (b) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. (c) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. Page 73 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: Pamela Valenza, Town Assessor Re: Emergency Assessor Services Date: May 8, 2024 Attached is a proposed agreement with Whittemore Appraisals LLC. for additional support in the Assessor's Office. A sudden and unforeseen staff shortage has created an emergent issue in that office that requires immediate assistance in order to complete the Town's tentative assessment roll for June 1, 2024. I am recommending that the Board consider approving this proposal for emergency consulting assistance for the Assessor's Office through May 31, 2024. Action Requested: Resolved that the Town Board recognizes and accepts the Town Administrator's determination of the emergent need for critical and timely assistance in the Tax Assessor's Office through May 31,2024 at a cost of$7,500 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Whittemore Appraisals LLC Agreement- May 2024 Page 74 of 332 Whittemore Appraisals LLC 154 Rockland Ave., Mamaroneck, NY 10543 4/26/2024 Town Of Mamaroneck 740 W Boston Post Rd. Mamaroneck, NY 10543 Professional services rendered by Whittemore Appraisals LLC. Work consists of reviewing and interpreting building plans for changes to properties in the Town of Mamaroneck for assessment purposes. Building Plans will be used to determine the change in use and square footage of the work done. New data will be entered into the Town assessment system. Estimated time to complete the 60-70 building plans,and corresponding work associated with it is • 75 hours. Total fee for this project,to be completed before the end of May,2024 is$7,500.00. Dan Whittemore,Sole Member Meredith Robson,Town Administrator Whittemore Appraisals LLC Page 75 of 332 0 ul 0 1 rri Town of Mamaroneck Town Center FOUNDED 1661 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 CC: Robert P. Wasp, Town Engineer Re: Award of Bid TA-24-09 —Tree Watering Services Date: May 8, 2024 Attached please find a memo from Robert Wasp, Town Engineer requesting consideration of award of bid TA-24-09 - Tree Watering Services. Action Requested: Resolved that the Town Board hereby awards the bid for the Town's 2024 Spring Tree Watering Program received and opened on May 2, 2024 to Cody Diggins/Ironwood Industries at the base bid amount of $43,125 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 76 of 332 v u_r "v t; rn Town of Mamaroneck Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Award of Bid TA-24-09—Tree Watering Services General: Bid procurement was recently completed for the Town's 2024 Spring Tree Watering Program. The project scope consists of weekly watering of one hundred and ninety-six (196)trees total, inclusive of the (110)to be planted through our 2024 Spring Tree Planting Program. On May 2nd, 2024, three (3) bid proposals were received as summarized on the attached bid tabulation table. The apparent low bidder is Cody Diggins/Ironwood Industries, Inc. at the submitted total price of $43,125.00 for the weekly watering of the trees for (23) weeks. The Engineering Department contacted the references enclosed with the Cody Diggins/Ironwood Industries, Inc. proposal and received positive feedback on their completed projects. No errors or omissions that could potentially impact the viability of their bid price have been identified at this time. The Engineering Depailnient recommends authorization of contract award to Cody Diggins/Ironwood Industries, Inc. based upon their submitted base bid amount of$43,125.00. Budget for the tree watering contract was planned as part of the general community beautification budget (A8510-4002) in the amount of$60,000.00. The total watering contract of$43,125.00 is fully contained within the available balance allocated to the project. It can be noted that the submitted cost was provided as a per week price, assumed for a maximum of(23) weeks that may be reduced if fall weather conditions do not warrant the continuation of tree watering. Attachment/s: Tabulation TA-24-09 Page 77 of 332 o� �, Town of Mamaroneck . v Engineering Department, Town Center o 0 740 W.Boston Post Road,Mamaroneck,NY 10543-3353 = 4 n m Contract#TA-24-09 Tree Watering Services ~FOUNDED 1661• Bid Opening Results,May 2nd,2024 at 11:00 a.m.E.S.T. Bid Item Ironwood Industries Inc. Griffen's Landscaping Corp. D&D Tree&Landscaping,Inc. Jamesport,NY 11947 Peekskill,NY 10566 Pearl River,NY 10965 Tree Watering Program(Per Week) $1,875.00 $2,217.40 $2,800.00 Extended Total(23 weeks @ Cost Per Week) $43,125.00 $51,000.20 $64,400.00 Page 78 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: William Maker Jr., Town Attorney Re: Comprehensive Plan Negative Declaration and Adoption Date: May 8, 2024 Attached please find a resolution to make a negative declaration regarding the Comprehensive Plan and to adopt the Comprehensive Plan, should you decide to take this action. As you well know, the next step in the process is to develop an Implementation Plan which will detail specific steps to be taken to reach the broad goals included in the Comprehensive Plan. Action Requested: Resolved that the Town Board hereby adopts the attached resolution regarding a negative declaration finding and adoption of the Comprehensive Plan. Attachment/s: Resolution Adopting Negative Declaration Negative Declaration 2024-4 Page 79 of 332 RESOLUTION DECLARING THAT THE ADOPTION OF THE COMPREHENSIVE PLAN WILL NOT HAVE A SIGNIFICANT EFFECT UPON THE ENVIRONMENT (NEGATIVE DECLARATION) AND ADOPTING THE COMPREHENSIVE PLAN On the motion of seconded by the following was voted upon Whereas, in 2021, the Town Board determined that the Town's Comprehensive Plan should be updated, and Whereas, on October 26, 2021, the Town engaged the Pace School of Law Land Use Law Center (Pace) to assist with gathering and synthesizing data and writing drafts of a Comprehensive Plan, and Whereas, on April 19, 2023, the Town engaged Kevin Dwarka LLC as an expert to assure that the Town Board's procedure for considering a Comprehensive Plan complies with the State Environmental Quality Review Act, and Whereas, the Town formed a Steering Committee comprised of local citizens whose task included developing possible goals for both the near and long term to be set forth in a Comprehensive Plan, and Whereas, after its formation, the Steering Committee and Pace engaged in a robust process to solicit comments and opinions from the general public and others regarding the goals to be included in the Town's Comprehensive Plan by conducting workshops, focus groups and multiple meetings,including meetings of the Steering Committee, and Whereas, the Town received multiple comments either through in-person presentations or through written or electronic communication from citizens and others interested in the content of the Town's Comprehensive Plan, and Whereas, the Town Board reviewed numerous drafts of a proposed Comprehensive Plan prepared by Tiffany Zezula of Pace with the assistance of Kevin Dwarka LLC, and Whereas, the Town Board's review and revision led to a final draft of a proposed Comprehensive Plan that the Town Board determined to be worthy of public discussion, and Whereas, on January 24,2024, the Town Board resolved (a) to be the Lead Agency under the State Environmental Quality Review Act (SEQRA) for the review of the proposed Comprehensive Plan, and (b) that the adoption of a comprehensive plan is an Unlisted Action under SEQRA, and Page 80 of 332 Whereas, a Long Form Environmental Assessment Form was prepared to determine what, if any, significant adverse environmental impacts there may be if the Town Board were to adopt the proposed Comprehensive Plan, and Whereas, the Town Board as Lead Agency has reviewed that Long Form Environmental Assessment Form, and Whereas, pursuant to section 272-a of the NY Town Law, the Town Board referred the proposed Comprehensive Plan to the Westchester County Department of Planning, and Whereas, the Westchester County Department of Planning submitted written comments about the proposed Comprehensive Plan, and Whereas, the Town Board has considered the comments made by the Westchester County Department of Planning, and Whereas, the Town Board directed that drafts of the proposed Comprehensive Plan be sent to the Village of Mamaroneck and the Village of Larchmont, and Whereas, drafts of the proposed Comprehensive Plan were sent to the Village of Mamaroneck and the Village of Larchmont, and Whereas, neither Village has submitted any comments to the proposed Comprehensive Plan, and Whereas, on April 10, 2024, the Town Board opened a public hearing to discuss whether it should adopt the proposed Comprehensive Plan as the Town's Comprehensive Plan, and Whereas,that hearing was continued on April 24, 2024 and May 8, 2024, and Whereas,that public hearing was closed on May 8, 2024. NOW, THEREFORE,BE IT RESOLVED, that the Town Board adopts the Long Form Environmental Assessment Form, and BE IT FURTHER RESOLVED, that for the reasons contained in the annexed NEGATIVE DECLARATION, the terms of which hereby are approved and which by this resolution hereby are adopted, the Town Board finds that the adoption of the proposed Comprehensive Plan will not result in 2 Page 81 of 332 significant adverse impacts upon the environment and therefore there is no reason to prepare an environmental impact statement, and BE IT FURTHER RESOLVED, that the proposed Comprehensive Plan hereby be and the same is adopted as the Comprehensive Plan of the Town of Mamaroneck. The above resolution was put to a roll call vote: Nambiar Nichinsky King Fiddelman Elkind Eney 5-03-24 3 Page 82 of 332 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of No-Significance Date: May ,2024 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town Board of the Town of Mamaroneck, as lead agency, has determined that the proposed action described below will not have a significant impact upon the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Adoption of an updated comprehensive plan for the Town of Mamaroneck. SEQR Status: Type 1 No Unlisted Yes Conditioned Negative Declaration: No Description of Action: The Town Board, acting in accordance with section 272-a of the New York Town Law, is considering adopting an update to the Town of Mamaroneck's comprehensive plan. Location: The entire unincorporated area of the Town of Mamaroneck Reasons Supporting This Determination: The adoption of an update to the Town of Mamaroneck's comprehensive plan(Plan)does not commit the Town to any particular action at the present time. Rather the Plan announces the Town's policy for its future. It contains a series of goals for both the near and long term identified by the Town Board with the assistance of experts and the robust input of citizens of the Town. Implementing those goals and policies may result in some potentially significant adverse environmental impacts, but those impacts cannot be evaluated at this time because no specific projects are being proposed now. Page 83 of 332 While adopting the Plan in and of itself will not result in significant adverse environmental impacts, future actions seeking to implement the policies and goals of the Plan may have the potential for adverse environmental impacts of varying degrees. As particular projects contained in the Plan proceed to implementation, each will be reviewed by the Town Board and/or the Town's other land use boards against the backdrop of their potential effect upon the environment and separate determinations of significance for each one will be made. In making its determination that the adoption of an update to the Plan will result in no significant adverse impacts upon the environment and therefore there is no reason to prepare an environmental impact statement, the Town Board relied upon the Environmental Assessment Form prepared for its consideration of environmental significance, the Technical Memorandum prepared by one of its experts, Kevin Dwarka, PhD dated April 19, 2024, the ongoing advice of Tiffany Zezula. If Conditional Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 Days from date of publication in the ENB): Not Applicable For Further Information: Contact Person: Meredith S. Robson, Town Administrator Address: 740 West Boston Post Road, Mamaroneck, NY 10543 Telephone Number: 914-381-7810 For Type 1 Actions and Conditioned Negative Declarations,a Copy of this Notice is sent to: Chief Executive Officer of the Town/City/Village of the: Town of Mamaroneck Other involved agencies(if any): Westchester County Planning Department Applicant(if any): Not Applicable Environmental Notice Bulletin (Type One Actions only): Not Applicable 2 Page 84 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: Tracy Yogman, Town Comptroller Re: 2024 Bond Resolution Summary Report Date: May 8, 2024 Attached is a memo from Town Comptroller, Tracy Yogman, that outlines the purposes of the bond resolutions presented for adoption. These bond resolutions are consistent with our capital plan discussions and your budget approval. Each bond resolution requires a vote of four out of five Board members to adopt. Tracy will be in attendance to respond to any questions you may have. Page 85 of 332 u_r "v t; rn Town of Mamaroneck rl Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Bond Resolution Summary Report General: The 2024 Capital Budget included many projects that were needed throughout the Town. In consideration of the current economic conditions, the fund balance in each fund and projects that are in progress, a careful review of all projects planned was completed with the objective of keeping debt service as low as possible. The first step in securing the funding requires the adoption of bonding resolutions. The Fire District requires a referendum. The Water District and Garbage District bonds require public hearings before a vote that will be scheduled in separate resolutions. The total amount of$12,477,400 will be bonded in 2024. The bond for the Rye Lake Filtration Plant in the Water District is the most significant project that requires a $5,534,000 bond resolution. The Town's share of the estimated $145 million project is 16.7% or a total of $24.2 million. We have issued bonds totaling $6,875,000 since 2020. We will need to issue bonds in the amount of $17.7 million to complete the funding of the project. The balance of the project will require a $4m bond annually in 2025, 2026 and 2027. An updated project estimate and cash flow is in progress. According to the financial advisors, the bond market has been stable and rates for both Bonds or Notes for municipalities with a Aaa bond rating are still low. Twenty year bonds are currently selling at a rate of 3.5-3.7%. We intend to accept the financial advisor's advice on the most cost effective borrowing method at the time the bonds are ready to be sold. We will provide an update as the process progresses. Debt service on bonds that are issued in 2024 will begin in 2025. The debt service for the projects below will be funded by several different funds. The Water District debt service is funded with fees based on usage and the annual cost will be incorporated into the 2025 fee structure. The debt service in the other funds are paid with tax revenues. Page 86 of 332 The proposed financing schedule provided by Capital Markets, the Town's financial advisor is as follows: Publish notice of referendum May 15th Proposed Fire District vote June 18th Publish estoppel notices(after the vote) by June 17th Draft POS July 8th Moody's Rating Call Week of July 15th Mail POS July 25th Sell Bonds August 8th Close Bonds August 22nd Below is a brief summary of the projects and the amount of the required bonds for which approval is necessary: 1. Parks Building (H5191) $2,470,000 Demolition and replacement of the parks building in Memorial Park that was damaged in Storm Ida. The structure will be a two story building. The bottom floor will be storage and work area for the Town Park's equipment and the second story will be a work area for the Town's sign shop. The total cost of the project is estimated to be $2,921,280 of which we received $127,280 from insurance and a transfer from the General Fund of $324,000. The balance of $2,470,000 will be bonded. The bond resolution is attached. 2. Road Reconstruction- (H5104) $1,075,300 This project includes the reconstruction/resurfacing of roads that have been prioritized based on a road condition analysis. The 2024 total reconstruction plan is estimated to be $1,468,807 of which $208,117 is remaining funding from last year's paving and 2024 CHIPS funding of $185,390. The balance of $1,075,300 will be bonded. Debt service will be paid by the Highway Fund. The bond resolution is attached. 3. Highway Vehicles- (H5106) $505,600 In accordance with the vehicle replacement plan, two highway vehicles are beyond their useful life. The two trucks include a payloader and a dump truck with a salt spreader to replace a 2009 payloader and a 2005 dump truck. Debt service will be paid by the Highway Fund. The bond resolution for this capital purchase is attached. 4. Highway Garage- Tree Equipment(H5138) $793,000 Partial demolition and replacement of the Highway Garage that is used to store the Town's tree equipment. The building has structural fatigue and settlement and is too small to store the tree equipment. The total cost of the project is estimated to be $1,178,000 of which $385,000 was previously bonded for in 2021. The balance of$793,000 will be bonded in 2024. The bond resolution is attached. 5. Highway-Curb Improvements (H5173) $293,000 This project includes Curb improvements on Howell Ave, ADA ramps on New Jefferson/N. Chatsworth; Edgewood & N. Chatsworth, Colonial Ave and Daymon Terrace. Debt service will be paid by the Highway Fund. The bond resolution is attached. Page 87 of 332 6. Garbage Truck(H8609) $444,000 In accordance with the five year vehicle replacement plan, this truck will replace an aging truck in the fleet. Debt service will be paid by the Garbage Fund. The bond resolution is attached. 7. Fire Dept Scott Air-Paks (H3495) $519,000 The Scott Air-Paks are self-contained breathing apparatus that meet the National Fire Protection Association (NFPA) standards. They have exceeded their 15 year useful life and are 3 versions behind the current model. Replacement of thirty-eight (38) Scott Paks is required in 2024. Debt service will be paid by the Fire District Fund. 8. Park Lane Storage Tank#2 Rehabilitation (H1397) $392,500 Park Lane Water Storage Tank #2 rehabilitation is required to avoid structural steel failures and extend the useful life of the water tank and to meet current regulatory requirements. This project requires a public hearing. The bond resolution is attached. Debt service will be funded through water rate increases and paid by the Water District Fund. Bonds to be Rescinded: 9. Comprehensive Plan (H8066) ($68,000) The comprehensive plan is in its final phase of adoption and implementation. A bond resolution for $248,000 was adopted in 2019. Bonds of$180,000 were issued for the project. Additional funds will not be needed. A resolution to rescind the remaining $68,000 is attached. 10. Improvements of the Facilities in Sanitary Sewer No. 1 (H8123) ($7,170,000) The sanitary sewer district improvements have been completed. A bond resolution of $11,100,000 was adopted in 2017 for the project. Bonds of $3,930,000 were issued and additional funds will not be needed. The actual project costs were lower than anticipated and an EFC grant was awarded for the project. A resolution to rescind the remaining $7,170,000 is attached. 11. Rye Lake UV Facility (H1352) ($586,000) The reconstruction of the Rye Lake Ultra Violet Facility has been completed. A bond resolution of $1,586,0000 was adopted in 2019 for the project. Bonds of $1,000,000 were issued and additional funds will not be needed. The actual project costs were lower than anticipated, fund balance was used and an EFC grant was awarded for the project. A resolution to rescind the remaining $586,000 is attached. The following is the list of bonds that will be issued totaling $12,477,4400. Project# Fund Dept Project Description Bonds to be issued in 2024 H5191 A 5110 Parks Building Sign shop (2022 Project) $2,470,000 H5104 DB 5110 Roads, Sidewalks & Curb Improvements $1,075,300 H5106 DB 5130 Pay loader replacement $205,600 H5106 DB 5130 Dump truck with salt spreader $300,000 H5138 DB 5110 Tree garage construction Page 88 of 332 $793,000 H5173 DB 5110 Curb improvements $293,000 H3411 SF 3410 Replace the 2007 Fire engine pumper that requires more maintenance as it ages. $127,000 H3495 SF 3410 Scott Pak Replacements $519,000 H8609 SR 8160 Garbage truck- 20 Yard $444,000 H1364 SW 8340 Rye Lake Filtration Plant-2023-2026 $5,656,000 H1397 SW 8340 Park Lane Storage #2 $392,500 H1401 SW 8340 Asbestos water main break on Brookside Place. $202,000 $ 12,477,400 Page 89 of 332 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,April 24, 2024, at 8:00 PM or as soon thereafter as is possible,to consider the"The Town of Mamaroneck Comprehensive Plan", at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: In early 2022, the Town of Mamaroneck embarked upon an update of the Town's outdated Comprehensive Plan in order to create a policy-based framework for future development and preservation of the Town's unincorporated area. Updating the Comprehensive Plan involved collaboration between the Town's elected and administrative leadership;the Comprehensive Plan Steering Committee,the Town's appointed consultants from the Land Use Law Center, and residents and business owners of the Town of Mamaroneck. The plan will be used to help the Town make future decisions regarding land use regulations, infrastructure decisions, and economic development investments. 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://lmcmedia.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:April 16, 2024 Page 90 of 332 p,, .,41*._ _ _ ,,,,.. ,, _..„ . , *,.. , _____. _ _ .„ .. "PP 441,, , .,, A - 1 :::4: .4,, =- -I ...1.--", 7 . ' El H _ _ _..„ .., ,...,; , ,„.,‘ . . ... ..).,.. .. ,„ _ ,,, . 4. It '. ' - 11 In i I 4 ' b -roe.- !—R }�F `. .71, i ,k lU ':: l J 4 J. 1 1..- f � _ -.. li fril ..-1 INN Ini Tfi 7n 1g_ 7 0 • ii0 irj hi_ -1111 10116 DRAFT COMPREHENSIVE PLAN for the Unincorporated Town _ - of Mamaroneck . . ".-irriaolL',., , 4.--• ..: ..,1 `t "`; ? . J;7t. .'. `. .... =�' •�• - rITTI •••• 11 T. O . • Together Our Mamaroneck Our Town, Our Future Page 97 of 332 Page 98 of 332 R ACKNOWLEDGEMENTS Jaine Elkind Eney, Town Supervisor Town Board: Abby Katz Jeffery L. King Sabrina Fiddelman Robin Nichinsky Comprehensive Plan Steering Committee: Nicole Alifante Melissa Kaplan Macey Tom Broderick Karen Khor Jack Demasi Joe Liberti Ralph Engel Erin May Meredith Robson, Town Administrator In collaboration with Land Use Law Center, Pace School of Law• Kevin Dwarka Land Use and Economic Consulting - Skeo Solutions, Inc. a As . . _ LANDIUS �� LAW CENTER Kevin Dwarka LLC .� Skeo P a c r a w Land Use & Economic Consultinc : #�"0°'J .7 ,: _ ,x_E d - 4 '? y� r i 4 '( s -.,,,, , , - 1 ri� � ! w - r � - - - Draft Co rehe - 4 `' _ , , 2023 yyami�++ b .•' ,: -%x f3 r r w y 9::dF4;. ,., ,��, r; ,.,,�s., MI . . ,:, . .. 4 , .. TABLE OF CONTENTS EXECUTIVE SUMMARY 1 MAMARONECK TODAY 1 VISION OF MAMARONECK TOMORROW 3 PURPOSE OF COMPREHENSIVE PLANNING 4 METHODOLOGY 5 COMPREHENSIVE PLAN STEERING COMMITTEE 6 PUBLIC ENGAGEMENT PROCESS 6 Public Engagement Events 6 Interviews with Town Representatives 8 Community Needs Survey 8 COMMUNITY NEEDS ASSESSMENT 9 DRAFT POLICY FRAMEWORK 9 RECORD OF COMMUNITY SUGGESTIONS FOR POSSIBLE IMPLEMENTATION STRATEGIES 10 ENVIRONMENTAL REVIEW 10 POLICY FRAMEWORK HEALTHY COMMUNITY 12 QUALITY NEIGHBORHOODS 16 SAFE CONNECTIONS 20 RESILIENT ENVIRONMENT 24 SOUND ECONOMY 30 APPENDIX A EXISTIN %.ONDITIONS MSSESSIVI6Ni 4. APPENDIX B RECORD OF COMMUNITY SUGGESTIONS 71 The Unincorporated Town of Mamaroneck Page g,4 of 332 EXECUTIVE SUMMARY In early 2022, the Town of Mamaroneck embarked upon an update of the Town's outdated Comprehensive Plan in order to create a policy-based framework for future development and preservation of the Town's unincorporated area. Updating the Comprehensive Plan involved collaboration between the Town's elected and administrative leadership; the Comprehensive Plan Steering Committee, the Town's appointed consultants from the Land Use Law Center, and residents and business owners of the Town of Mamaroneck. The plan will be used to help the Town make future decisions regarding land use regulations, infrastructure decisions, and economic development investments. MAMARONECK TODAY As a residential community on the shores of the array of recreational facilities, parks, trails, and Long Island Sound, the unincorporated area within wooded areas. Excellent rail and road connections the Town of Mamaroneck offers a high quality of link the Town to the broader Westchester region life characterized by leafy neighborhoods, quality as well as New York City via Metro North Railroad's schools, diverse architectural styles, and a wide New Haven line. Primary Study Area for Town of Mamaroneck ,73 Comprehensive Plan Update ".41 on Saxor Par Harrison Lcky Silo Country Club 127 Wi.n ed Foot Country Club ?star p FgZ o 0 125 r �d M,v can a Leatherstocking Mamaroneck Wrfagyi Nslur¢rrsits 95 Country Ckb Shore Acres W~ a x a0 Hampshire Orienta o r.untry Club 5 �s Y q h A Larch mont m Huguenot Park New Rochelle Homestead L,3.U" Park rk a 5 a . Sources:County of Westchester,Esri,HERE,Garmin,SafeGraph,GeoTechnologies,Inc,METI/NASA,USGS,EPA,NPS,USDA 2023 Draft CompreheRAN PAf 13V EXECUTIVE SUMMARY The Town of Mamaroneck is comprised of the Over the past ten years, the unincorporated area's unincorporated portion of Mamaroneck, the population has remained unchanged at just under Village of Larchmont, and part of the Village of 12,000 persons. Like many bedroom communities in Mamaroneck. Each locality maintains local political the metropolitan New York Region, the Town has an autonomy through its own independent legislative expansive stock of single-family homes. However, body, comprehensive planning responsibilities, the Town also has a considerable supply of multi- public safety agencies, and decision-making family units. Many of these units are condos and authority over budgetary allocations, municipal co-ops rather than rental units. There is a limited operations, and land use decisions. supply of rental units, and almost no medium density residential developments. Cost burdens There are some services that are shared among the are especially high for renters. At the same time, localities. For example, the Town of Mamaroneck the community has seen a desire to increase the provides assessment services to the Village of physical dimensions of the existing single family Mamaroneck. The Town provides recreation housing stock, raising questions about scale and facilities and programs for all three communities. design of single-family neighborhoods. (The Villages have their own recreational programs as well). The Town also provides senior services Like many communities in the metropolitan New for all three municipalities. Many residents of York Area, the Town is confronting an interweaving the Unincorporated Area rely upon community set of growth and development challenges. resources located in the Villages including medical Although residents value the local businesses services, library facilities, parks, and commercial within unincorporated Mamaroneck, this part of districts. the Town lacks a traditional downtown. Residents patronize businesses along Boston Post Road, _ Myrtle Boulevard, and Madison Avenue, as well as i in the business districts located within the Village '� iii 1 of Larchmont and the Village of Mamaroneck. �� I Opportunities for increasing the vibrancy of the I Town's commercial districts and diversifying its fiscal base have not yet been fully explored. p 6 i® 1119.MI II_ ;—' -,` Traffic volumes have been raised as an issue of s', I II} concern with respect to access and mobility within the Town. And while current residents enjoy access '�,;�: _ to resources like Memorial Park, Hommocks Rink """""r3 and Pool, and the Leatherstocking Trail, there is a desire for improved access to recreational sites and expanded community programs. The Town's recertification as a Bronze level Climate Smart TOWN CENTER Community in 2022 and adoption of a Climate 40 W. BosroN F0ST ROAD 7 Emergency Declaration resolution in 2021 along with rising awareness of climate change, water - quality impairments, and extreme weather events have elevated the community's desires for stronger environmental protections, resiliency planning, . and green infrastructure investments. 2 I The Unincorporated Town of Mamaroneck Page gif3 of 332 t % , -: •,„ iii.-;:,'• VISION OF MAMARONECK ~s"f TOMORROW r • .4„ ' ,�.- '* ,,_ ' r The Town of Mamaroneck's Comprehensive Plan ;'. ' y embodies five major themes that present the Towns goals, policies and actions into a statement of community intent for future development and preservation. Working ,`, -Idell "1 r � �,k a ` together, integratesingle-issuep .' k i� h a. these themes the topics, y-'' , s, . �aR'{ � ;� r like land use and transportation, which are typically � ,�` �F , �, 1 ..�.' ; ' � d presented in traditional comprehensive plans. To reflect ; L, .'+�� �` r ,��x t the integrative, complex nature of our community, the -r , � Towns vision for its Comprehensive Plan is structured ; '" r' f''�� • 1 around five main themes: r4, T. _ F;, , .. , d.,d 4+ Healthyig. Communityw � - ` F. gut x . ciI7' .P . rP'' i ,r i, .G ♦ ,,r kt,` ' +t� ` i _ 'ter Quality VF Y :r - . 11M ,v • ''':11%., §F .'^ Yap? :' I Neighborhoods xs x =v rJfy e r '.. �1 aai • + 4 y` 014 Safe Connections ., • � : ' ,� � r ..cr 'i`t Se t P� c4° i Resilient . L7 igrios .i4,._ ,, ,, Environment 4 „- , r y .gyp. .. /"' v laSound Economy . 2023 Draft Comprehensi_e :an j 3 EXECUTIVE SUMMARY PURPOSE OF COMPREHENSIVE PLANNING Under New York State Town Law 272-a, a Town implement by adopting local land use laws, such may adopt a comprehensive plan to "promote as zoning, site plan, and subdivision regulations. the health, safety and general welfare of the Because NYS Town Law § 263 requires land people." A comprehensive plan is a written use regulations to be "in accordance with a document presenting goals, objectives, and comprehensive plan" or "in accordance with a well- strategies that address community needs and considered plan," after adopting a comprehensive guide the community's future development and plan, the Town Board may need to adopt new decision making. Formally adopted by the local land use laws in compliance with NYS Town Law legislature, the comprehensive plan inventories the procedures through a separate process that municipality's current needs and assets, presents includes public hearing(s) and county planning a vision for the community's future, and describes and environmental review. the actions a municipality can take to achieve that vision. Comprehensive plan development engages In addition to guiding a Town's future development, residents and other stakeholders in a transparent, comprehensive plans also guide other governments' inclusive process to help identify these components actions within the Town. State and municipal and build consensus and support for actions that agencies must consider a Town's comprehensive will implement the plan. plan when planning for capital projects on Town land, and most NYS agencies require communities The comprehensive plan includes a framework to adopt a comprehensive plan before applying of land use policies that the municipality may for state grants or other funding. -: : *------�.- .4*'y ,.- 0 , Air. i 0 '#,'- ., ,-. ,.,. 111 1-: '-"--11111LH' 74611:' - -4 ° -r. Nu 4. ‘''' .1 Ai i 447.'44 ;;_oc_---: `-',-Iir , a ; Jr- D?IT . *\\\,:,......t Tt Ti "`` foi ' ' t ,..,,,.,,,,,ip, ,, . • !` _d M $, iii 01 may . -. @ 4 I The Unincorporated Town of Mamaroneck Page gligl of 332 - , . . 4-, • ...,,,, ''''''.•..,,,,.., 1 ,.1., i'.....,..._;. _., •-._, , I 1 IIII 111111 1 III%• 0111111 r' ] L 1 ,_...,.... , : , „.41..-,. .. ;1 ... ,, \. . , :-.:.,....\\.',:,'.,.,.;; ,.':' -. , ' f, -- c 1 • - ,r,• ,. ,,,- ...). ,,,, . , :17 _ •,- •,...• r . .:'1.--)--....' _ - • , .,17..-.'-. .... '..;.1,. ,Nr..•'irf.2- ..• • \ ,- ,' --/., 1`,. •', ';'• •,',.. -,-;; ',... I'. "..-,. .:-'.-...!".; -,....,. , i,. .,,.- ,,i.i/....'...-,,,..„' , ,! •,-1-. ° ' ,t 4.3tv ':...,..;....7.,, - -'_ ,-;'„., -•.;...,:,i/.-. -., '`..,..\-1.,,,':,1,"; . -.. , • 4 , ' ,, ::=-,p;T:fs,,A,L., . - ' •',,,,, i.., ;„...'.,i,,,,,',-. ...-,-,,,,T'‘ - - ' ,, , ,a k.‘" .1 : 1111 , '1:1-...:.F''',,. ''''.:. ..',I '' ::''''--13 ,'' \'''/421Y L .'7"•:""'• ;::.'j;COV4iiritt''. '' ''' k 1 .„, .„, ,,, , i,,,...„„N„ -_,- -.--,..!... 1,..,:•-,.. \ 11.-; ' klit. ii.'.1/4.,dam' .a47 so" ' ,' . t•' -'''''------- 'i...,..--..: • ',ilif ,........'"-.; •riliffr \Al'1'..... IIII - ;./,' -...',': 4 -:., w.`,.:,, . I ' f.'.".1 ,.111/01k. ,• ",.:',"C% ., ' 1 .1 ..',•,,'„9. '-,< mil I Li,. 3... .... i , 1111 • 1 ' .4••' ' . .. .''',1A..,i-, •-_ ,, ..-, ,,, , 1 , , • ii..i -,, -4...-,. , , ..,,, -,•,. • ••,. i.-i t ''i',:1-"4,t.A.N '---., '.1., ' . 1 i'-',';..,'•e' .4igir,„.;.A ..","1.'.4141 i':•,':2r."'8.-""-..‘ '''''''t " 't<-1,".„,--i ,,,='''' . , .--•-•-- ' V t';:-..„1,%:1141.. ••k•";i k,F.4.•'"! 'tilt .. +„, -... . ! -.4, _=.1,!„,„,......••' -; ,..---- ,:' ' 1' ,,,,A i rt i I if ,, it,,,,,i, • ...0- , 04161:It ;,I":"-.,('''a! '.\'-' '1*','•1!It. "' A ' 'O.,.A''.' '1,': . • ,r1,.„—, -- •,,..;;;,..i.,-.NV --- gitidis .--. ..i't ' -4,1:11-0:, • ....,..,--- i ',,..,w4;,i cr'-'‘. .t. .: --_• . ,..., . . •4 sU,;,r,-'%—— i '•—)"$, '4'.' '''"!.. '• . -. *,..<41......;1.-- f .0 -4 • .01 „ ''*:: 0 -ii •' ' ..-,-;.;frdip--- 1 A-„ -- •'''' l',.;.:' ':,;,-.....-- ',. - ,, ,'.' . 1:,. ''.01 1 — ' • 'V ''; ':'-11',----''lic '.. • N'''.k7-''''t.." r'i jrA., '.;.•'''''''. .'", 1 ' ,IIH'I.il . 4', 1 ' 1!. -• ' -',- •'. '.1.',''','"'.''.., ,‘':. .,, 4,pe. , -- METHODOLOGY Ir.T.- '---.,--,,,s"--,-- -a . .. ..2' '41 - ".• ':-' ''... ,.... •-• .-,,.. .- « , N111111411111 1 4; ' i , • • -‘. , , , ,... - •(-, _ . A. 2",44-1,;;T:3,1,*"- :•• '. ' - ' ...v, ,,) i44400,443„),.,...j''',''-' ' ' .. ... \-' ,—,. .'• —.damming. .ri .. ' Wile— .0 ' ..•••,„ - • --- Page gli9 of 332 -- - e :-.,.-4.'-•*.:: - • METHODOLOGY COMPREHENSIVE PLAN Public Engagement Events To gather input from community members, the STEERING COMMITTEE planning team held several public events from May through August 2022, including five public In March 2022, the Comprehensive Plan workshops and six pop-up events. Steering Committee was convened to advise the development of the Town's comprehensive Washington Square Neighborhood Resident plan. Members of the eight-member committee Engagement Workshop represent Town residents, local business owners, On May 4, 2022 the planning team hosted a environmental and other non-profits, educational public workshop from 4:00 to 6:00 PM at the professionals, housing advocates, emergency Washington Square Neighborhood. Approximately response personnel, recreation advocates, and 70 Town residents attended this event, where they the Town Planning Board. The Committee worked participated by visiting three stations, which asked closely with the consulting team and served as the following questions, respectively: community experts, assisting with the public engagement process, policy framework creation, 1. What do you love about Mamaroneck and what and development of the implementation plan. would you like to stay the same? To maximize public involvement, the Committee 2. What are some challenges faced by helped develop the Town's Public Participation Mamaroneck? Plan, conducted outreach to publicize and 3. What is your big idea for Mamaroneck in the encourage participation in the public engagement next 10 to 20 years? process, and participated in meetings and events with community members. The Committee refined Participants wrote their answers on post-it notes, draft goals and recommendations and suggested which were affixed to a poster board at each implementation strategies. station. A trained facilitator chatted with small groups, explained the activity, and recorded further PUBLIC ENGAGEMENT input on large flip charts. PROCESS High School Workshop A second workshop was held on May 4, 2022 at Mamaroneck High School, during which To establish a strategy for engaging the community participating students divided themselves into in the Town's comprehensive planning process, small groups of 15, each led by a facilitator from the Comprehensive Plan Steering Committee and the planning team. Using maps of the Town, the Town-appointed consultants created a Public facilitators asked students to identify areas that Participation Plan, establishing a framework to they identified as "strong" and areas they identified engage residents and stakeholders in each stage of as "challenged." Students marked the strong the planning process, as well as a communication areas with green dots and challenged areas with strategy. Guided by this plan and described below, red dots, identifying strong places as those areas the planning team conducted: in the Town that people enjoy, are necessary, or are attractive places to visit. They identified • Public engagement events challenged places as areas that people do not • Interviews with Town representatives enjoy, are undesirable, or people believe need to • Online public surveys be fixed. The groups then discussed strategies for overcoming the Town's challenges and discussed 6 I The Unincorporated Town of Mamaroneck PEIgg1146 of 332 "big ideas" for the Town. A recorder documented . ..': all responses. , ' May 24 Public Workshops ,, •". t On May 24, 2022 the planning team held three - more public workshops at the following locations ��` �t ' . ,: and times: : d • The Senior Center at 1288 Boston Post Road - from 10:00to11:00am � `: • The Fire House at 205 Weaver Street from f* ; .F.. 1:30pmto3:30pm • Hommocks at 140 Hommocks Road from '" 7:00pmto9:00pm 0., - -- This series of workshops were supported by _ _= local community organizations, including ., • ' Washington Square Neighborhood Association, - Larchmont Gardens Civic Association, Howell Park _ • Neighborhood Association, Mamaroneck High School, The Summit,At Home on the Sound, Cure!, -V, The Center for Continuing Education, Girl Scout Council, League of Women Voters, Larchmont Summer Pop-up Events Mamaroneck Lions Club, Mamaroneck Hockey, The Following the workshop series, the planning team Stem Alliance, and the Youth Hockey Association. held six pop-up events through the Summer in At these events, planning team members solicited 2022: at Mamaroneck Outdoor Movie Night on feedback from community members at five July 8, at Concert in the Memorial Park on July 11, different stations, each devoted to one of five and at Larchmont Farmers Market on July 16 and themes: (1) population and housing conditions; 30, and again at Concert in the Memorial Park on (2) services and recreation; (3) transportation; August 8 and 15. At each of these pop-up events, (4) land use and economic conditions; and (5) poster boards were displayed asking participants: open space and environmental conditions. Each station displayed a poster board presenting current • What are some challenges faced by conditions, relevant maps, and questions related Mamaroneck? to that theme. Participants read the posters at • What do you love about Mamaroneck? What each station and used post-it notes to respond to would you like to see stay the same, be the questions and provide other feedback related preserved, not change? to the themes, including identifying community • What's your big idea for Mamaroneck in the needs. Facilitators stood at each station, answering next 10 years? 20 years? questions and recording additional participant comments on flip charts. Participants wrote their answers and other comments on post-it notes and affixed them to the boards. 2023 Draft ComprehEfig9€11313Pf I3/2 METHODOLOGY Interviews with Town Representatives The five-minute survey invited participants to In addition to public workshops, the planning confirm these needs by selecting the most team conducted individual and group interviews important and provided an opportunity for input with an array of Town officials, staff, and board and from community members who did not attend committee members. During three separate tours in-person events. of the Town, planning team members conducted interviews with the Town Supervisor, Building Department staff, and the Town Environmental Planner. Planning team members also conducted interviews with the Town's Comptroller, Housing Outreach for the Planning Process Authority and Community Services staff, and the To reach as many residents as possible, the school superintendent. Additional interviews planning team advertised the comprehensive were held with the following Town boards and planning process, all public events, and the committees: Community Needs Survey using the following methods: • Town Board, Planning Board, Zoning Board of • Appeals, and Board of Architectural Review. Email flyer to residents and • Recreation Commission, Coastal Zone stakeholders like Padres Unidos and Management Commission,Traffic Committee, Community Resource Center. and Sustainability Collaborative • Supervisor e-newsletters. • School newsletter. Community Needs Survey • "This Month in Mamaroneck" • After conducting interviews and public Supervisor announcements engagement events, the planning team released at Town Board meetings, and an online Community Needs Survey in July to reach various interviews and speaking even more community members. This survey was engagements. • shared with residents via the Town website, email, Direct outreach to staff, elected social media, and strategic flyers with QR codes. officials, and social workers at schools. • Additionally, the survey was available for written Town website. • completion with stations of available printed Press releases. copies and a drop-box being available at the • Town social media posts on FB, Patch, Mamaroneck Senior Center, Town Center, and and NextDoor. • multifamily buildings in the unincorporated area. QR code shared during events, on This survey presented community needs that we strategic flyers in local businesses and identified in prior events and interviews, organized popular destinations. in the following themes: • Banners at Palmer/Weaver, BPR by Senior Center, and the Firehouse. • Housing • Large poster placed at LGCA • Land Use & Economic Development Ducky Derby, Compost Giveback • Transportation Day, Icebreaker Hockey Event, and • Environmental Storefront. • Recreation • CPC t-shirts. • Community Services • Lawn signs. • Mailers. • Flyers in all Town-owned facilities. • Flyers in windows of area businesses. • Translations of relevant materials for Spanish speaking residents. 8 I The Unincorporated Town of Mamaroneck PEigge1 .8 of 332 > 2 � �' z I. � M es _ ur".r.err COMMUNITY NEEDS The Community Needs Assessment process ASSESSMENT provides the community with an accessible repository of baseline information to help identify As the first step in the comprehensive planning needs and inspire ideas for policy changes. It also process, the Town's consultants led a three-part serves as a tool for evaluating the responsiveness of community needs assessment process. Part I proposed policies to current gaps and challenges. involved compilation of existing conditions data on several topic areas, including: DRAFT POLICY FRAMEWORK • Municipal boundaries and services • Demographic composition It is important to note that comprehensive plans • Land use patterns can have varying levels of detail. Whereas some • Housing conditions plans make concrete commitments to certain • Transportation conditions regulatory changes, redevelopment projects • Environmental conditions and infrastructure investments, other plans are • Recreational needs more policy-based and reserve the formulation of • Economic conditions specific implementation strategies until after the plan has been adopted. The Town of Mamaroneck Town documents were reviewed including the has adopted this latter approach. Town's zoning code, the Town's Draft Local Waterfront Revitalization Plan, the Town's annual Drawing from the Community Needs Assessment budget and financial statements, and the reports process, the consultant team created a Draft Policy and minutes of the Town's Boards and Committees. Framework that organized desired community Data was drawn from the US Census, real estate outcomes into goals with related policies and brokers, as well as spatial data from the Westchester actions. Organized into themes, the framework County GIS Platform. goals state the Town's desired outcomes. Related policies present different approaches to achieving a Part II entailed the live and online public particular goal, and planning actions list proposed engagement process with residents aimed at regulatory changes, physical improvements, discerning their unmet needs. Part III involved the operational changes, and programming the Town administration of the community needs survey can adopt to achieve those policies. to all Town residents. Findings from these three different parts were synthesized and then used to formulate policy goals aimed at meeting the The consultant team shared the Draft Policy community's needs. Framework with the Comprehensive Plan Steering 2023 Draft ComprehEfig9€1139Pf 131E METHODOLOGY Committee, which provided feedback on the RECORD OF COMMUNITY draft. After amending the Draft Policy Framework SUGGESTIONS FOR to incorporate committee recommendations, the consultant team presented it to the Town POSSIBLE IMPLEMENTATION Board at a virtual meeting in November 2022. At STRATEGIES this meeting, the Town Board recommended a presentation of the Draft Policy Framework to the public to obtain further feedback. The Town of Mamaroneck's Comprehensive Plan consists of goals, policies and general actions. On November 30, 2022, the planning team However, throughout the community engagement presented the Draft Policy Framework to process,the Comprehensive Plan Steering Committee community members at the Fire House from 12:30 received a robust set of community suggestions for pm to 2:00 pm and again at the Town Center possible implementation strategies that should be Court Room from 7:00 pm to 8:30 pm. The events carefully considered as part of the Town's ongoing included an online recorded presentation that gave implementation of the Comprehensive Plan. an overview of the Draft Policy Framework, after Supplementing the Comprehensive Plan,Appendix B which planning team members asked attendees is a Record of Community Suggestions that serves as to reflect on whether the Draft Policy Framework: a memorialization of the suggestions received.These community suggestions are highly specific and subject • Responded to Town needs. to changing circumstances and will be formulated • Will lead to the future that they imagined. only after the Comprehensive Plan is adopted. • Embodied their vision for Mamaroneck. However, the suggestions were used to shape the scope and purpose of the higher-level elements of If satisfied with the framework, attendees the policy-based draft Comprehensive Plan. Over explained why on green post-it notes. If they felt the long-term, the Town will consult this record of the framework was missing something, attendees suggestions during annual budget preparations submitted these comments on yellow post-it notes. and the capital planning process to ensure the If they believed any part of the framework did not Comprehensive Plan's ongoing implementation serve their needs, attendees explained why on continues to consider the community's specific ideas. pink or red post-it notes. In addition to these in-person events, the recorded ENVIRONMENTAL REVIEW presentation was also available online, where residents were invited to submit additional online In accordance with the State Environmental Quality comments on the Draft Policy Framework. The Review Act(SEQRA), the Town Board will complete virtual engagement process continued through an environmental review of the Draft Comprehensive the close of 2022. The planning consultants Plan. The Town Board expects to assume lead further refined the Draft Policy Framework based agency status in the execution of this review and on feedback received from these events and will include various involved parties in the review online comments. Using the extensive community process including residents, representatives of Town feedback on the Draft Policy Framework, the boards and committees, as well as other interested consultants then prepared the Draft Comprehensive agencies including the Westchester County Planning Plan. Board and adjacent municipalities. The Town Board will make a decision regarding the formal adoption of the Draft Comprehensive Plan only after the completion of the environmental review process and a determination of the significance of the impacts. 10 I The Unincorporated Town of Mamaroneck PEIgg1160 of 332 . , . . IMIE .. - — ' .... ... - - - — 1177 .7. 1r ....1 , ....j.. . .. ,diii.. -.... ...... .._ i 4? 0 LLI cri 1 0 i- FOUNDED 1661 mAmAR0NEcK TovetTN CENTER .. , . , , RoCKLAND AVE . ENTRANCE ---F--'----•:-:' ---- ----._.-----. ....".--- ---- -. ... --- _ .-— •, • _ POLICY FRAMEWORK ,., 17---A ,,,s....-„..7. ,_,_ ; -... •-,:.. ,, ,.4-4.A. ,"7-t-4,--..- ,- ,.- '' ' ' - . ,-.. , - ,t,-• ,2-- .--.- _.,.L.- ,- ,,, ..,.....'----2-- - -. -'-- ..,. ;-. - . -----,-.4 --- ' -,-;...-,-, -: - --. ..,..-..-,,,,,,,, -,.,'' '"I--:.....- -,=',....."2";,...,.,-- '. ,.,t-..- ''-L'" . : ,...' ,--.•--::I...'"..•., .,. .,-.,..!.,.....•,,?,,,,L,`,.7.,, ,..".:-.:.•-.7..' ..' ,• '--,-,"..•'...,Ft.• ...- ••s..,'I.e.„r.....!,,,!si 4,:-.,.f....7...,il.,-',,_4.,..,,,,..,,,,•-t s- t....%:=1^-, 'I.',......'7....,,11 -'S'• ''''.1„,t•Ia-,.;;:e"."',..,,,,b-, ' —- f•.'"-.1 ,..L),'---:,.7 '.'-c,.7.-.-7. '',.' ' '''' -47r,,."'.,'..'f.l.,,.-',-± ,:'; ",siv,,q.1 ,. 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'',. e.R.'4V, -. ...,..".:- .'\1/4.,.;,. ...4"..i'''..,'",3*-." ....'...-4,.;,;z:—., '4........`71,-,...:'-•Tl '",,,,;('-'1.4.r,...:-....,.,„„..--,,,c,,,,,,,,, .4.1-e.,:.,„ , ,,,,,,,,./,,, ,..,4-e:,,,,,,..,. . 1-,,,,,, -.'". ,-L,, ,.,Q./..?,,,'. ,7 !Q, - ....., -'- -,,; .._, ,v ,-. -. ,,t 0; "-- . ' • °'---,4',...1•',*•,- Si.;..'. '. '-'' ''''I .'.'-'VO.:.;' .4.!• :' ...:C. L-s -"-• • ,,:;.-%;:l .!,•,......,0..'","%r-.",.-0.1,' )r,t- "--,;,,t„„''".'-.-.„.-..,=-' ..- '-4 .'!'4'..':',. - SC , ., • • '4'; I''-.-- .. -4 f . .. • -.E.- PEggel 65 of 332 . _. ,.. POLICY FRAMEWORK Healthy Community Healthy Community aims to improve public benefits like recreational facilities and parks and enhance community gathering spaces and programming. This section also aims to expand public access to information by improving communication channels and optimizing Mamaroneck's infrastructure and services to ensure efficient and equitable government. Healthy Community supports community togetherness and wellness through efficiently delivered Town services, easy access to information about Town events and administrative actions, and enhanced spaces for community gathering and recreation. �► - _ ` _ 71'1`, _ ; 'lam _r .. 7F '! •1.,, , \' 1111 1 \ \ \ -t, 1 i F / . il"I'l!'5 Ini ,,,, ' ', ', '_ Nit * ‘ # + I -- 1, �•is Y �l 11► ,' - ., A , 4 ' .1 1 1 ,,.. 4,,,_-_,: . , ,, -'- 1 —0-- ii. 4 ,=, --' - ...'''--- Support community togetherness & wellness through efficiently delivered Town services, easy access to information about Town events and administrative actions, and enhanced spaces for community gathering and recreation. 12 I The Unincorporated Town of Mamaroneck Plitggel3E of 332 HEALTHY COMMUNITY c7 1111P- a k;_ - AL t a ,.. _ , ,-- 1V4'- -- • .. ..„,„.. . ri Residents of Mamaroneck enjoy the existing recreational facilities in the Town. Key recreation facilities within the ,`'. r , IA-° A unincorporated Town, include Hommocks Park Ice Rink, r = w 'nI � r4 '"Ada '''— Memorial Park, Carpino-Steffens Fields, and Hommocks c ' I At" p - a n Pool. Another draw to the unincorporated area is its � Is ' r network of public recreation areas including the Colonial ►. _�`i, ,_� _ -' Greenway, Sheldrake River Trails, Leatherstocking Trails, -- - Hommocks Conservation Area, and Larchmont Reservoir. However, residents have expressed a desire for the creation of more recreational facilities and beautified " r open spaces including athletic fields, pocket parks, o �� ' community gardens and an enhanced swimming 1 I ! facility. Residents also desire an even greater variety x and accessibility of recreational activities within the ;% Town's existing parks athletic fields and trail networks. `„t° '� 'll' "' ""' u "J,`,1'°"u" "' k> >, ass '4)'' "jj�� ') ))�> ,- 1 3 A.1i7 nnkH 'NR) " F}j71 NSrI' .S �.. Residents also value the role that recreation has L �""" -:z, 1.w I it ingenerating economic benefits to the local economy u . ,i, 1I and in enticing new people to move to the Town. nont _. ..= Residents would also like more spaces for community �F_ - gathering. Residents currently enjoy the Senior Center, a° -` 7. -.. , _ _4,44_ the Larchmont Public Library, and the Mamaroneck Public Library but would like more programming of special events, hobby activities, and volunteer opportunities. _ __ - .- Beyond recreation and community services, residents have also suggested other improvements to the Town's - *} ` public safety and communication systems as well as physical upgrades to Town-owned buildings. In addition `�" p _ to maintaining the Town's efficient provision of services, - `- residents would like to see expanded availability of social _ mew service programs for older and lower-income residents. =-�-. i 4411K RI -r Ali rat r. y _ 2023 Draft Comprehe,,::Ice,°,• . 332 POLICY FRAMEWORK HEALTHY COMMUNITY POLICY FRAMEWORK HC GOAL 1: ENHANCE RECREATIONAL AND OPEN SPACE RESOURCES HC POLICY 1A: Enhance visitor experience at parks, trails, and open spaces • Action: Allow additional uses at the Town's parks. • Action: Continue to maintain, improve and beautify the Town's parks and -- - ' recreational facilities. HC POLICY 1 B: Optimize performance of athletic facilities • Action: Redesign, renovate, and maintain existing athletic facilities. • Action: Explore the potential for creating additional athletic facilities. 4 , • Action: Explore adopting operational changes and user fee ''' r / modifications that maximize utilization, inclusiveness, and accessibility of existing and future athletic facilities. HC POLICY 1C: Encourage shared use of public ..;. recreational spaces • Action: Work to improve coordination and collaboration with the Villages, school district and community groups. • Action: Enhance physical access to nature areas, parks, and trails. - - — - - HC GOAL 2: ENHANCE OPPORTUNITIES FOR COMMUNITY GATHERING HC POLICY 2A: Optimize functionality and variety of community spaces and programming • Action: Improve the physical condition of existing indoor and outdoor community spaces, and create new places for gathering. • Action: Provide community programming to serve all segments of the Town's population. HC GOAL 3: ENHANCE COMMUNICATION AND PUBLIC ACCESS TO INFORMATION HC POLICY 3A: Provide residents with clear and updated information about town events and initiatives • Action: Improve the performance and operational efficiency of existing and new communication channels. 14 I The Unincorporated Town of Mamaroneck PEIgg1168 of 332 HEALTHY COMMUNITY ici HC GOAL 4: ENSURE EFFICIENT AND EQUITABLE SERVICES, UTILITIES AND GOVERNMENT HC POLICY 4A: Optimize physical condition of town's infrastructure • Action: Make upgrades to Town Center building and facilities. • Action: Upgrade, strengthen and protect telecommunications and utility infrastructure in the Town's neighborhoods and districts. _ a '` HC POLICY 4B: Optimize delivery of municipal services x 1 • Action: Maintain efficient waste-management services. ,` • Action: Ensure cleanliness of the Town's public and private spaces. • Action: Address service needs of lower income, elderly, and limited-ability households. ._ - P if�° `�5 i 4 . 7f. !. S r . + tie Lk - 2 si p ,- �` ''. } • '' a r .;i••�.� _ f a�i" r +... ,;r'' _ 2.i�Rr `�rye, ' r, '.1 -�"�t"''' * 1! • a v f}a s c ?C"Ilts- Fit • L y h': `AM .4+ i•;.-- Z — - '-', - 4 13 s �C -41 1;7'-''..-6.------L-1_17:--:" - R 'M fir, � Ake " _ ..,_ .,- .411114 'C.:4' '- ;4%4. 44411*- ,.,L • ..,z_te r V ,' • ';tra - r;i ' 'a te"" -.- - ' *''- 2023 Draft ComprehEkg9€10%Pf PR POLICY FRAMEWORK ft6; Quality Neighborhoods il Quality Neighborhoods identifies policies and actions to preserve the Town's neighborhood- scale and quality of life while allowing for contextual development that meets community needs. This can be accomplished by updating the Town's land use laws to ensure that new development takes existing neighborhood context into account and allows for the creation of more vibrant, mixed-use centers in areas with existing infrastructure. Other policies aim to create more housing choices for the community and incentivize the creation of more affordable housing. Quality Neighborhoods ensures existing and future land uses provide inclusive neighborhoods and commercial areas that preserve the Town's small-town feel. :-.w - ,vir„ , ,7:4-.. ._a.. 4 y - 4 ,...4t, r -[.. ' -. 4i'lic . 0 ' - ili _Ai: ll sZ. }L,., 4,4. l g ,A4 _ -,s r.' A V �i `i 4..o• 4 4`.° a v,. t.- yam` r t #. " 4,Alil44[ lit' .s 4,!'m - +ri * '" - 7 • *•++�' .- -- 3 I L „...i. 3:1 II :y ter y `v -...t 2.„... ._ ro ..,, ,,,,,,.. '< S +ty 3d2S4_ F w ry yYYF�?$ y � _ w' . ., Y pj C� -- .r,■1 '4`r _ i'K.•� -+� f :4 Y;' + } .i d -�y..'�kW"• 'L,. iiN •i, yA`� ••°' 'A�e.1y 4�'tr •y _ 6�'J 7- y - r!r rier; % Atsi-,:-- °-,;.r- . °' At-- ,-. -„N-t,,, . ... „-,.. ., ...„ ....,, ,. .../.. ,. A _...,,, - , - '. r a _�''T� I'_ --- IY a - .i. • ' a sayff.o --- -- uprit r L.A0.54-- " it va F �#- - � . =:ts Tom. - �. F'=,„ Ensure existing and future land uses support inclusive neighborhoods and commercial areas that preserve the Town's small-town feel. 16 I The Unincorporated Town of Mamaroneck Plitgge156 of 332 Unincorporated Mamaroneck is predominantly residential and low-density although a significant ¢ , ; , -' . '_4_ number of residents live in multi-family apartments •.w:>t`x; , . ' �w `� in the Washington Square and Larchmont Acres , Area. Commercial land uses are found along Boston r �r : ' ., ' Post Road, Myrtle Boulevard, Madison Avenue, Fifth r?_� ° ; '� �.. .,, � 7,., Avenue, and Palmer Avenue. The unincorporated .,,�'> `� ti Y Town of Mamaroneck lacks a definable cultural or ,Iptl ' . commercial center, compelling manyresidents to patronize establishments in the commercial cores in the - _ . • ti�Y �� A 'a;• Villages of Mamaroneck and Larchmont. Many residents - ''� _ $ ;, ., " welcome greater access to local retail establishments = - ;:► lr ', and gathering spaces within the unincorporated Town. f ''-' g� ii9 Residents have expressed a desire to preserve the Town's *r'.,. , neighborhood-scale and quality of life while allowing µ _ -.---,. A • x; y �- for contextual development that meets community a---...,-,..`:I" _'1. needs and are supported by infrastructure. Generally �* l:'_ �3;„ + .• . residents are receptive to mixed-use developments in -- A' ' � • 14 areas close to the Metro North Station, along Boston . .Y�j L:y Post Road or around Fifth Avenue. 4. In recent years, there have been a number of older I' - - . homes which have been substantially expanded or �= - - demolished and replaced with much larger homes. _.- _ ' ' r These newer and larger homes have raised concerns R `Y _ ,• about their compatibility with the Town's architectural - - _ traditions and the prevailing scale of building in residential neighborhoods. As such, residents have - increasingly discussed the possibility of land use controls . -- - - that would ensure greater harmony between older and newer buildings. Additionally, residents have been " concerned with the environmental impacts of such larger homes. ' .� ,.. ' , . . $ - - -, f • F + l am ,I 1 2023 Draft C©mprehen... c.;� a�.. �j -17, IL y M1` fir' ` 4 °r Fad fpF _ � � am `>. ,. ; 1 d -- ". .; I' r 4 i 5; : - 0 �►". r Ilt P s r E _ ..- R' ---11111111W mac _ t , ter. r - v • i fir 1 -• y_ '" emu. Even though the vast majority of Mamaroneck's The need for more affordable and different types housing stock consists of single-family homes, of housing compels exploration of opportunity the unincorporated Town contains a rich variety sites that may be appropriate for new housing of housing types relative to other bedroom development as well as changes in land use communities. About 1/3rd of the housing stock regulations that could make it easier to build a consists of units in multi-family buildings, which are greater variety of housing types in certain parts relatively more affordable than single family homes. of the unincorporated Town. Currently, very few However, many of these units are condos and co- areas within the Unincorporated Town are zoned to ops rather than rental units. There are community allow for duplexes, triplexes, or quadplexes. Other concerns that the high price points for single pathways for creating more affordable homes in family homes and the limited supply of multi-family the community include increased engagement buildings with rental units are making it harder to with affordable housing developers, identification maintain and grow an economically, generationally, of publicly owned land that could be utilized for and racially diverse residential population. Almost affordable housing, and pursuit of county, state, and half of the unincorporated Town's renters pay more federal funding programs for affordable housing. than 30% of their Income toward housing costs. 18 I The Unincorporated Town of Mamaroneck Plitgge158 of 332 QUALITY NEIGHBORHOODS tom - QUALITY NEIGHBORHOODS R • POLICY FRAMEWORK QN GOAL 1: ENSURE A BALANCED APPROACH • f •= ' }t TO DEVELOPMENT AND PRESERVATION - ' QN POLICY 1 A: Preserve the Town's existing neighborhood-scale, quality of life and small-town feel • Action: Update land use regulations to ensure that new ; : .- _ development, alterations, additions and demolitions/rebuilds take F into account the surrounding neighborhood and tree canopy. � a ` • Action: Continue to engage residents in the Town's development and ' : ensure appropriate public notice. • Action: Evaluate land use laws and application processes to ensure efficiency and consistency. • Action: Examine possibilities for the planning and zoning boards to be more expansive in their review ofpotential impacts from proposed p p p p developments. QN POLICY 1 B: Create more vibrant mixed-use centers • Action: Develop redevelopment strategies for areas supported by infrastructure. QN GOAL 2: CREATE A MORE DIVERSE HOUSING STOCK QN POLICY 2A: Diversify the types of housing available for all residents across different ages, abilities, income levels and household types,within the town • Action: Encourage reuse of underutilized properties for housing. • Action: Determine if there are any existing regulatory barriers to the development of multifamily housing, senior housing, smaller homes, and affordable and missing middle housing. QN GOAL 3: PROMOTE A MORE INCLUSIVE RESIDENTIAL POPULATION QN POLICY 3A: Incentivize the creation of more affordable housing units • Action: Regularly evaluate opportunities for improving access to affordable housing. • Action: Explore potential modifications to the Town's Fair and Affordable Housing policy that specifies the number of affordable units required for new developments. • Action: Explore opportunities to access affordable housing funding assistance from County, State and Federal governments, as well as not-for-profits. • Action: Promote community awareness of rental assistance programs to help individuals locate affordable units within the Town. 2023 Draft Compreh gginPf I33? POLICY FRAMEWORK iliSafe Connections Safe Connections focuses on creating complete streets through enhanced pedestrian and bicycle infrastructure and roadway operation improvements. This section also recommends roadway infrastructure improvements to enhance traffic safety and flow, manage and reduce parking demand at highly visited areas, reduce visual impacts on surrounding neighborhoods, and expanded electric vehicle stations, bicycle, pedestrian and mass transit infrastructure to better connect people to destinations. Safe Connections ensures the Town has a safe, well-connected transportation network that accommodates pedestrians, cyclists, drivers, and transit riders. T r � k i it,'i iti ' i . , . l ■ .. ' TITI f1V-ii .. 4.'" ' Crt 'A . ' , y r - , F _ � g /. y T °_qhihy+--' R - t ~. l_ _ - . _ - ! - - * ,D14INLY 1 1 . 4 --_I ;F 11 4 - 1 _ _ 4, ,w • V A te' _ iiissibr -..... Ensure the Town has a safe, well-connected transportation network that meets the needs of pedestrians, cyclists, drivers, and transit riders. 20 I The Unincorporated Town of Mamaroneck FRgge164 of 332 SAFE CONNECTIONS q 1 tPort Monter<, TOWN OF MAMARONECK's EXISTING STREET AND TRANSIT NETWORK ,, t `/ 1i 1 ~f' 6 aa6 S Yw rn CO .. g �; .. 1 .,eat �* 61 +�c° I �p �., 83 s Vt cam' Ga4 Caw.. R Nu ev $ Y �v i/ q$°J Co to y .Q.t7! CmwlyfMk S:�+wr!o We e en Q 11 A 60 .. ..61/ -d/" Iii ia,.r t I i et Oa 125 ,'ahrae;: Eastchester v d um Alo Zl • (4501 ^� Mamaroneck , �i:F�.�, TAIGerr tronaA 4� 7[7 :4� Vanpf 22 f N.. AlidHr School ! /!�'� ram.. 3 ,i,,44'.1� r,.urArT rw,aew idle'= ' -' " -?:. r, atd ,Nae 4�e}3A`6 a$ _Af wneek i.,* U'¢ Aa0 7 if ykv. k,1 E"r-�f �i7. /4 g oF' `� New �` � •lrcrrtrm,iks Rochelle ,�;.i`, 1,rdu.an wed"'"'"' Irl, eIY• rK 61 aY�• � Wry S 459 ,Larchmont J I M../Yemen i ! @�` i \ 'y The Commuting time between the Larchmont More broadly, residents would also like to see Metro North Railroad Station and Grand Central expanded provision of alternative transportation Terminal in Manhattan is less than 40 minutes, services including more bus service, connecting during rush hour, making mass transit a desirable shuttle services at the train station, electric travel mode for residents with jobs in New York vehicle charging stations, electric scooters, City and other locations along the New Haven etc. Additionally, many residents expressed the line. However, the Town of Mamaroneck's local importance of alternative modes of transportation road network is designed for the movement to assist in the reduction of traffic, improved air of automobiles with only limited right of way quality, and benefits in supporting healthy habits. dedicated to other modes of transportation Alongside accessibility improvements, residents including walking, biking, and public transportation. have also expressed a desire for broad physical improvements to the existing roadway network, Many residents commute to their places of work via including the reconfiguration of selected the Metro North Railroad, and would like to have intersections, re-channelization of certain road greater options for accessing the Larchmont and segments, signal improvements, better landscaping Mamaroneck train stations. Many residents have and signage upgrades in order to enhance roadway expressed a need for infrastructure investments pedestrian and bicycle safety, parking solutions, and operational changes that would make it easier enhanced wayfinding, improved accessibility and safer to travel within the unincorporated to commercial areas, deterrents to speeding, Town without an automobile. This is especially minimization of impacts of transportation and critical for senior citizens, children, and persons parking infrastructure on neighborhood aesthetics with disabilities. and reduced traffic congestion from commuting and school pick-ups and drop-offs. 2023 Draft Comprehg1lpf 1341 POLICY FRAMEWORK SAFE CONNECTIONS POLICY FRAMEWORK SC GOAL 1: BALANCE THE MOBILITY NEEDS OF PEOPLE AND CARS SC POLICY 1A: Prioritize complete streets and paths that are accessible, safe and connected to destinations throughout the Town • Action: Undertake physical improvements to pedestrian and bicycle infrastructure. • Action: Improve roadway operations to enhance pedestrian and bicycle safety. SC GOAL 2: ENHANCE TRAFFIC SAFETY AND FLOW THROUGHOUT THE TOWN SC POLICY 2A: Maintain and improve roadway infrastructure • Action: Study traffic conditions and feasibility of design alternatives for key roadways and intersections. • Action: Undertake physical improvements to roadway infrastructure. • Action: Modify roadway operations, directional signage and traffic regulations. • Action: Coordinate with other entities on access, safety, and traffic flow improvements. SC GOAL 3: ENSURE PARKING FACILITIES ARE EASY TO ACCESS, EFFICIENTLY OPERATED, AND WELL-DESIGNED SC POLICY 3A: Adopt physical, operational, and design improvements to the Town's parking facilities that manage the supply of parking spaces while limiting their adverse impacts on quality of life • Action: Manage the number of parking spaces where needed. • Action: Adopt operational changes, signage and physical improvements that make it easier and faster for drivers to find parking spaces at existing parking facilities. • Action: Undertake urban design, landscape, and operational modifications that help reduce the visual blight and adverse environmental impacts created by parking facilities. SC GOAL 4: ENHANCE TRANSPORTATION OPTIONS AND CONNECTIVITY SC POLICY 4A: Develop creative, multimodal solutions aimed at reducing car- dependency, minimizing parking demand, and increasing connectivity to destinations within the Town and Villages and beyond • Action: Expand bicycle, pedestrian, and mass transit infrastructure to improve access without using an automobile. • Action: Work with other agencies to improve transit access. 22 I The Unincorporated Town of Mamaroneck Plitggel6B of 332 SAFE CONNECTIONS i i F ",,"4 ar,,,+ ?' A '1ic a4 rc rr rhia y a. 1 L" ,., r a • • sn.,rye 11+ „...,:.,...„.„, ...iv..1...:.„..,,,t, ,...,. ),..,. . t ' ,� Ay t."...` 1,„,,pz.^,,,,...tiikk.-,0,,,.,,, .v'...' ' ,'rti,._- - - V.,e t 4-.t•iik,,- • * .. - ' " ''''' .—4-',----a... °"', - 1 iipp,,-40, , 7,,,,o..r., •-- ...'- -=,-."*".•,: ::. --?-katiz,;.7,•-•-' 41,.V414 . -, .R 9 r - at +tom ., I'l' i • d ` r'_ f a a �- '.. %.,1s+.-j y.. � • • _ a ,4 y an } i . / .- .. N. . , . , , 1 _,,,,_......,,_ „,.... ,. . .„.....„ . • , . • . i , . . , 411,1'. .. ,, i.t,,,. ', \ . N... .,.... ., , . . ..„ . \ ._, . ... .. „. . , , . , .:,,. . c- .... ., . .- \\%11114141‘'NNN''''N'''N'' 'N'N*."''NN'%'NN;;;Nr'4%11411114SIIIIIIIIIIIrtINS -- L— --- d • b \ v._.----21.•..c......."4.---2• • - tn. 4,:r ~ N. .10 o f , s..['y '"3 \ If .4, A -'Y r lFtir - - 2023 Draft Compr- •er,,:,_c r"lar; j 23 4 ` POLICY FRAMEWORK 46 Resilient Environment Resilient Environment prioritizes limiting adverse impacts of development and human activity, mitigating and adapting to climate change; protecting and restoring the Town's open spaces, natural areas, biodiversity, and trees and vegetation; limiting noise and air pollution; and insulating homes from damages and property value loss from storm events. Other goals, policies and actions recommend best management practices to protect water quality and supply; manage stormwater to prevent and minimize flooding; ensure that development practices minimize storm damage; and promote best practices to reduce carbon emissions and the Town's carbon footprint. Resilient Environment safeguards community health and well-being, and the health of our ecosystem. l':' ," '1 I.„:444*?1,4t , :''',°14- °'" z ..t � f�R":=. �� r'f 4rF F a4 • I ''"" 4‘10, -fiEllirsit•, ,_ .! ..L 4`., 1-1: ;..."-.-..r%s :"1,-;411-..„(1'.' ,.,.1.-',i '.. 7--.,-A - , : ,i. plij*,,,,ii'f, rf,,„ .1,144,7t, . „-. , ''.i lior,lifec:;_::„ ... .,..3,.. , , ,,:rr.i.„ . . , , ,, 4, \ ,‘,:44.4, 5„.,,r4.4 :.,,,, ,. ,64,40 41‘.....,0 ..„, „.,, . , ....„.-i,..., ,.., .,,,,, 7,. ,, ,..„„. ,,1,...,...,,, , ; ..,. , _ . ,,) ,_1„.,oralOrrr., : i JfiltVt-,r. _„.• — ,_ 0/1•11. ,,"..." • s t. x k . 4.r i ��% f• #it-, i",.fir +. f IF AO, ' as I R t C �i� fi r k '4+�t �y�k �J _ IIIk 7 W Y� _a6, k` . *ems tv„,,.� , .A , `1.4 si�0. } tl" ".. Safeguard community health and wellbeing, and the health of our ecosystem, by limiting impacts on the natural environment, preventing and minimizing flooding impacts from extreme weather, and reducing the Town's carbon footprint. 24 I The Unincorporated Town of Mamaroneck FRgge168 of 332 RESILIENT ENVIRONMENT 4$ 4 n.. jj4♦ d1"4'1' fA'Y4,tlstti ei r r �y,,<$ •r at ti �,` t 5 rr" M1qr y,11.ce, Y. `,,4 ,',*, ?t' '" Mr ,,'air i� 1`. A un Z ` \ ,fit4 C4L ei` 17 +f "k " t' 'yx I y:. Located on the north shore of the LongIsland Sound, Kati the Town of Mamaronecks open spaces, wetlands, = ,,r �„ tr _ ' parks, trails, forests and conservation areas contain G� _" : `...4 ,tFra„. T . , .--'r`r-_-, ' �;,� t'�w tom. a vast array of trees, plant species, and animal lifer , , �+s iii,,,,,,,,,,;::(.,..t, � t while simultaneously performing critical environmental £. k functions including drainage, shade, air purification, .--' = f floodwater absorption, temperature reduction, carbon -, , �� '� r" capture, and erosion control. The Town's residents would � ¢ '' like to see these resources and their ositive ecolo ical -`r --- '� "- . p g cti-„ .2` ,w e, y� ra benefits preserved by limiting the adverse impacts of -- ; r� 1 ' ----- .ate > , 5, human activity while expanding the geographic expanse �' wr 4, . " `4- , :i ° .., of trees canopies, open spaces, natural vegetation ,' V' 4 ,,7r• , areas, and native habitat. , ,, ,_ k�e .fir �p t r !It a as'a�'?z 7, i+`*z�,€� t The physical, chemical, biological, and aesthetic �. ,.' Y f= - , characteristics of the Town's coastal area have long suffered significant damaging impact from pollution, , 4;: ‘ `� r ., f ,,,r � �! siltation and flooding. The sources of much of this { ,` �I. - �, 'yx . •- damage are the various watercourses carrying runoff 7� F �� r-. s from drainage basins which empty into the Long Island r '-� - , Sound. The impact of climate change on storm weather ,iv ��- events also raises concerns about the economic impacts � *; - fi' %`-P _ ; of flooding including the costs associated with insurance, _" ,. " s dr. -•�"' �`- R �. £ clean-up, and building damage. ,� .�- -s. The damage from storm weather events can be " _ 7� 1 -; `. , " ,, mitigated by the Town minimizing discharges into ` .w,. t� , coastal waters, managing land use activities, and 001," � . deploying green infrastructure techniques for managing ' ' � �'� ?; stormwater flows. I, .' 4 . The environmental impacts of climate change, such as �' ' - '� ;: ;; a sea level rise and extreme weather events and trends 515 F , ; ' , . s , ',,.. are elevating community concerns about flooding, air . � � • "' rao: ' qualit , and demands on the electricityrid. These - ' .-4 1` h- , Yg . , , s� u , - concerns are leadingthe Town to exercise increased �� r� � 4,-x ; ,A'i� ' X Nt 7, -i • , 3 i �• Yreher, _c.c-. ;ai, 2� 1 / *;` ; POLICY FRAMEWORK leadership on climate change as demonstrated in green building practices, investing in renewable the Town Board's adoption of a Climate Emergency energy systems, and facilitating cleaner forms of Declaration resolution in November 2021 and the transportation. In addition, the Town can seek to Town's recertification as a Bronze level Climate invest in infrastructure improvements and make Smart Community in 2022. Through these efforts, regulatory changes that minimize the potential the Town is raising climate awareness, including threat of flooding and its impact on public safety the reduction of carbon emissions by encouraging as well as building conditions. .. '' I '{ ' r ,-..n � • � �'' f J" /• % - k •' ` C A e' I'''-if'11.0* --,-, ..„.'.... - . ' ' ll ij )i: ', ' 1 ' • 1 ,y\ ft! qi ` -A C� .1 }.r Avi } `r` '1*,..lk . 0 .„("Al \ , T 1 r.. ;_..! 9 ,. \ F '1 i 4..4 ■ ,iI *l7kri4,iIlilA—it t'i ll,itfs,-i:,,,-'.-"-",',,,N P1-V r,!'-`"-,,., t t ; ,? 1 •1-11- i 1 ,, ,4 11171 1 v ifi - , ,,,,,,,:,,,,,i,,.,,,, , .:1 .,, ,„F , , ,,,,„ , ,. .- , - ,.*.iptiv .,,-.] 'k4 _ - ! V. 4 _ _ _ _ .,_ _. _ , ,. ___ 7, 4 - .�.. _�-- it• ♦._ IE.7 f1f a,..,,..,,t,.;..4f.il::4:.;°,C.:f.:-:.?,-s } - -- r- - _ Y I 1 } r -� _ 1 w �/•y �y �i y ilk, x �j y+ 4y � 1 r 26 I The Unincorporated Town of Mamaroneck PEIgg1lf36 of 332 RESILIENT ENVIRONMENT yik *APOPIP :".WI w ff:=ems=`h p..mtill 1 ' L - RESILIENT ENVIRONMENT POLICY FRAMEWORK RE GOAL 1: PRESERVE THE SCENIC, VISUAL, AND ECOLOGICAL VALUES OF OPEN SPACES, NATURAL AREAS, TREE CANOPY, WETLANDS AND VEGETATION RE POLICY 1A: Limit the adverse impacts of human activity and development on the Town's natural environment • Action: Protect the Town's open space, wetlands, and natural areas. • Action: Maintain, protect, and expand the tree canopy and vegetation in the Town. • Action: Support efforts that protect and restore the quality and function of the Long Island Sound ecosystem. • Action: Reduce sources of noise and air pollution in the Town. RE GOAL 2: PROTECT AND IMPROVE WATER QUALITY AND SUPPLY IN THE TOWN RE POLICY 2A: Ensure the use of best management practices to minimize pollution of rivers, streams, and coastal waters • Action: Seek to eliminate direct or indirect stormwater discharges into all waterbodies and flood-prone areas of Town. • Action: Manage land use activities aimed at minimizing pollution of rivers, streams, and coastal waters. • Action: Use Town operations and infrastructure installations to demonstrate innovations in water quality protection and stormwater control. 2023 Draft ComprehEkg9€infif 13 POLICY FRAMEWORK RE GOAL 3: PREVENT AND MINIMIZE POTENTIAL FLOODING FROM EXTREME WEATHER EVENTS RE POLICY 3A: Undertake infrastructure improvements and natural resource preservation and community activities aimed at flood prevention • Action: Upgrade existing stormwater infrastructure. • Action: Promote community awareness about best practices in stormwater management and publish this information to make available to residents. • Action: Preserve and restore natural protective features and natural resources. RE GOAL 4: MINIMIZE STORM DAMAGE TO THE BUILT ENVIRONMENT RE POLICY 4A:Adopt development practices that reduce impacts on homes and community infrastructure from flooding, erosion,and sea level rise • Action: Ensure new buildings, additions, expansions, and other structures are torriiiii. sited and constructed in a manner that protects lives and minimizes damage to property. RE GOAL 5: REDUCE THE TOWN'S CARBON FOOTPRINT > RE POLICY 5A:Adopt best practices in energy conservation, \ 1 building development,waste management, transportation operations, air quality management and community outreach N....„.. ‘Iiii. . that directly address climate change 'ti \u„. • Action: Reduce carbon emissions and support energy efficiency and renewable energy use in municipal and community buildings, itransportation, and infrastructure. • Action: Reduce carbon emissions from waste management t services. • Action: Find ways to increase the number of EV chargers at high demand locations and multifamily residential buildings. - 14111ili • Action: Engage the community in dialogue and actions ,„�h around climate change mitigation and adaptation. 9 • Action: Align the Town's climate change actions with the iirt Towns Climate Emergency Declaration Response and *'I y the New York States Climate Smart Communities and Clean Energy Communities Programs. y �I i__:',' V.„/ . 4: b / yt'�d P 28 I The Unincorporated Town of Mamaroneck RESILIENT ENVIRONMENT 0 r . ram , . i J71 7 f Y `4 +/xt�, i,L, 3,+� iI t• Y it"' "�� `•. �,.r -f y /•. . '�-v s e` t 'yTa P j • �i i f +a + `" a !' f t.:my sl • s • �.!" ' .{tea i " �. �/ .' x�,. ?:a,} 4 -- .,^'1 .�i.; • ;' ¢ ' '�- ` A .; •'.'.• 't7.4A•li'..!"--: ' .' -"\...*--: 'N',0,-44. 0:'-." '.1.4r-'..4 " • it'' ,ir,,,,fa__. ..0.,.-• ..,,,- :,_.,-..,. `# . l {W ry e. j - .-_ t w N 4 1 V fwF 7 _ g ar i 'mow ir„ - ` ` S *-'i µ, ` A. .,c f ' i ` � - o. . tr-- ,. . ? t '` v CY ' t� ' . tee o 1a� _ ,� " ��_ -t•- . ,7 - • a . Z ?� ' 3Y ,...� .. • .: ff f' � + rp 1, ,-4.c xr »- F _ Z-ilit. •' r . 4 , y -,�- `t `.in y . . � .tea �4 6r o t . ,T '_ 'I }i S i '.I • t . • , • I; _ , y k # • • _ ='•.d ;' r w k ^ �°R r A�[iF° ry ..n" �..^ti q k. Y jS C " n.i - .j i1 ' y Ira rk 6 -+� ,- .'- - ks --4-, %3 .rra , 4'4 * iF "' y ; .'. Yr 2023 Draft Comprehe,,:.i:,c ,=';a1, i 24 ', POLICY FRAMEWORK itSound Economy Sound Economy aims to support local businesses by addressing conditions that can enhance spaces and improve patronage, and streamlining Town permitting processes for businesses. This section also strives to improve tax base by attracting new, commercial and mixed uses and reducing the tax burden on homeowners by diversifying revenue sources, and maximizing the efficiency of Town operations. \'' '` '[::'.. •i'''' -.'''' .&.'.- ''''''''''''':: 'Icc. ''. *....:, " ...„F:•-•,,,,,e• ,,• ..,„;',4;11'...?,,,E,01'''.4 :---;:-.7 -. iBil N. ti a 0ii, d lir i ! 14 vqi� ! '"tea:- ' ` •- `',' , ri �� .' .i� r .r4i I%, ,•ram; -iiv. I. C ' : IL&SPA • z�. k _ l w It" Ka._ ''''' '' - IIII -- - w I-r aY ._ -� ,. i* Strengthen the Town's economic health by supporting local businesses and attracting commercial development. 30 I The Unincorporated Town of Mamaroneck Plitggel24 of 332 SOUND ECONOMY 4 lib +__ Lew ........, Even though unincorporated Mamaroneck lacks a ,Arr traditional downtown and has minimal commercial 111111111Wvow areas, residents value the local businesses within their community and would like to see a greater variety of commercial establishments, higher levels of retail patronage, and more aesthetically pleasing commercial areas. Part of the desire for more commercial business stems from a need for a more diverse tax base which is currently dependent primarily on property taxes paid by homeowners. In addition to generating new flows of tax revenue, the Town should continue to maintain p -flu , its fiscal position by delivering Town services cost- -`"fi�E+ g... , F effectively and abiding by conservative approaches F4111 ;, r to debt finance. : ' ,''� Ili 4, 11rplk,)„ -1P;' II". 's, P C s�11 i L r o 7' r�j s LLL j' ----I tC \'��' s. A "�, `'sue 14 1 — -— yy I.w/� ANttp 5 t t , - - r '123 Dr. :, omprehe,;;;i%,c: '-';a�_r_ 1 .21 POLICY FRAMEWORK fill 1 er'Psr; • r 'art ,. 7 5, 1 . tik • Ala 7 mural SOUND ECONOMY POLICY FRAMEWORK SE GOAL 1: ADOPT AN ECONOMIC DEVELOPMENT STRATEGY THAT CREATES A BUSINESS-FRIENDLY ENVIRONMENT AND ENHANCES THE TOWN'S FISCAL POSITION SE POLICY 1A: Support local businesses • Action: Improve patronage and enhance spaces and attractiveness of existing and new local business areas. • Action: Ensure that the permitting and approvals process for businesses is clear, consistent, and transparent. SE POLICY 1 B: Diversify and strengthen Town's tax base • Action: Attract new commercial and mixed use (residential/commercial) development that generates local jobs and tax revenues. SE GOAL 2: CONTINUE RESPONSIBLE AND TRANSPARENT FINANCIAL PRACTICES SE POLICY 2A: Reduce the level of tax burden on homeowners • Action: Strive to limit increases in property taxes for homeowners. • Action: Diversify revenue sources. • Action: Strive to maximize operating cost-efficiencies for Town services. SE POLICY 2B: Maintain high financial rating • Action: Engage in responsible bonding practices for capital and other projects. 32 I The Unincorporated Town of Mamaroneck PEIgg112B of 332 SOUND ECONOMY 4 litter 1111 . . ,,4...-... •• . . • , , ._ , . ,....... . . ...., • .,.. ... .., . . _ ... ..... t k ti.--- EleelSiOr ...rainiratammi .... -4•9-.1 -."-Eig"--Ar=samaa. 9.•=j7 '' F..., - - 1101 di - I "' - -• -.•.• -- -'17---- r- ' , -_. ___,___ _ -. ,-m—„-- !--.- _ , • . . \..., _ , __ _ _ - _____ --- _ --_ _ " " "• • -Nr.--1111/4 / - '--1 IA" ...---- _ _.-- . -itLar•'__ __' a _ 1. 11°. - 11111111'- - - .- _7_' • • '.- . _ .V , -ammo.- 4 p * i-, '4' •4;`-' :: .> _ -"..."7.47M.,"7.,!•4.0 , --T„.;'it,. ,,... - ..,,,,,,j4. ,,1te- 4.:.....„likii...;L;'4.• , .. .....-4-.4:. .,.4....1.4t., 14 -,.. '",,, ' .• "ZIP% $' 'Y'z•-,i.e. ,. 4'4ftt.•V,.,.?•'..'4 ... ' %..* • ,10' . :..q, '41, 4. '-'i ' '-'44 ' 14,-"je . 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AirilEP-1\ _..._ 1 ' - . _ �Ip 11r f@ k atri!soli - *MN MI ,r APPENDIX A EXISTING CONDITIONS ASSESSMENT PEgge128 of 332 > 3 aLZC3 Ul I— a) b a a) >` L :} 0 O })c -a) CA N -O L C co )aa) a)sU'•• tof Wc6 03 C 'o 03 N C in a.) N a) IAA E ao c E °'`o s VIa� —I C6 to Q Q U -� O "WN ° Q ;N O N Cl. Q -10 o Coco 0OL LE2 N o -act c c cosnz ns .L c Q o s O a Z Wc w > C a a) C`n +' co 'a + C NQ nsN ao C auLU tin NZ 4' C CNc6 O 4 S C C c6 CC O a) a) co C4/") 0 —0 (I)0 as co tin C 3a-, 6 c a.) C '13s la N a) Q ° U Q to to v O 0 EE u co a) SGW zO v, aUN siv ° N o c -' -a + . tir) E - 0 _a(6 Wcit,'V N -O O < a.N C _ } s U 0 OC a co U1—u. +� N w O a cOE N O N L 0 w a vi E � ° W au E o a� vs a) c a� a n E O vv o `� . Ot EEuo "tin )7 o nz Lu c _0EN oo ° ° ' u. o Q 73 o .� oaZ 0 i -0 N +, C L E c6s c6 -O N co C n 'O a) 4' � C o .n OP. 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Robson, Town Administrator Mamaroneck Town Center 740 West Boston Post Road Mamaroneck,New York 10543-3353 County Planning Board Referral File MMT 24-002 Comprehensive Plan for the Unincorporated Town of Mamaroneck Dear Ms. Robson: The Westchester County Planning Board has received a draft copy of the Comprehensive Plan for the Unincorporated Town of Mamaroneck, which is proposed to replace the 1966 Comprehensive Master Plan updated in 1976 and 1986-87. The proposed Plan consists of goals,policies, and actions structured around five major themes: Healthy Community: improving recreational facilities and parks, community gathering spaces and programming, public access to information, Town facilities and infrastructure, and waste- management services. Quality Neighborhoods: balancing the need for the development of mixed-use centers with preservation of neighborhood-scale and small-Town feel, diversifying the housing stock, and incentivizing the creation of more affordable housing. Safe Connections: prioritizing complete streets and accessible pathways throughout the Town, enhancing traffic safety and flow, improving parking facilities, and expanding bicycle, pedestrian, and transit infrastructure. Resilient Environment: preserving scenic, visual, and ecological values, improving water quality and supply, preventing flooding and the impact of extreme weather, minimizing storm damage, and reducing the Town's carbon footprint. Sound Economy: adopting a business-friendly economic development strategy, diversifying the tax base, reducing the residential tax burden, and maintaining the Town's financial rating. The Plan explains that it is "policy-based and reserve[s] the formulation of specific implementation strategies until after the plan has been adopted," but includes a"Record of Community Suggestions" as an appendix that includes a large volume of specific strategies the Town could take that it notes are "purely advisory and do not constitute an approved work plan." We have reviewed the Comprehensive Plan under the provisions of Section 239 L, M and N of the General Municipal Law and Section 277.61 of the County Administrative Code.We applaud the Town's efforts to update its comprehensive plan, and appreciate the presentation to the County Planning Board 432 Michaelian Office Building 148 Martine Avenue White Plains,New York 10601 Telephone: (914)995-4400 Website: westchestergov.com Page 18E1 of 332 Referral File No.MMT 24-002— Comprehensive Plan for the Unincorporated Town of Mamaroneck March 20, 2024 Page 2 at our meeting on March 5, 2024. We offer the following comments for the Town to consider as it finalizes this important document and works toward its implementation: 1. Consistency with County Planning Board policies. We commend the many recommendations within the Plan that are consistent with the County Planning Board's long-range planning policies set forth in Westchester 2025—Context for County and Municipal Planning and Policies to Guide County Planning, adopted by the Board on May 6, 2008, amended January 5, 2010, and its recommended strategies set forth in Patterns for Westchester: The Land and the People,adopted December 5, 1995.We encourage the Town to work toward implementing the various goals and strategies, while considering our suggestions below. 2.Affirmatively Furthering Fair Housing (AFFH). The Plan recognizes the great need for affordable housing in the unincorporated Town,noting that almost half of the unincorporated Town's renters pay more than 30% of their income toward housing costs. We encourage the Town to center the critical need of each community to house Westchester's population and workforce in the implementation of its housing goals. The Town adopted the County's Affirmatively Furthering Fair Housing (AFFH) Model Ordinance Provisions into the Town Code in 2013. Since the Model Ordinance Provisions were adopted, we have received only one referral related to a proposed development that would be required to include four affordable AFFH units. The Town has a very limited supply of existing affordable housing, consisting of 53 rental units, including eleven Section 8 units, in the Hommocks Park Apailinents built in 1994, and ten AFFH affordable units in the Cambium Condominium completed in 2016. The Town's Public Housing Agency also administers the Housing Choice Voucher Program(Section 8)to tenants elsewhere in the Town. It would be helpful if the Plan document could discuss in more detail which strategies could overcome potential barriers to the construction of AFFH units in the unincorporated Town. The Plan could provide more guidance as to where additional affordable AFFH units could potentially be located and how they could be incentivized. 3. Transit-Oriented Development. The Plan makes multiple mentions of the unincorporated Town's lack of "a definable cultural or commercial center." Residents of the unincorporated Town travel into the Villages of Larchmont and Mamaroneck for the use of Metro-North train service and many commercial services. The County Planning Board's long-range planning policies advocate for the creation of new development where infrastructure can support growth, where public transportation can be provided efficiently, and where development can enhance economic vitality. While the Larchmont railroad station is located within the Village of Larchmont, the Village's station parking facility is located on the village's border with the unincorporated Town. The Town of Mamaroneck also provides its own commuter parking lots in the unincorporated Town adjacent to the station for Town residents using the Larchmont station. Residents of the unincorporated Town's Page 183 of 332 Referral File No.MMT 24-002— Comprehensive Plan for the Unincorporated Town of Mamaroneck March 20, 2024 Page 3 Washington Square neighborhood enjoy easy walking distance to the Larchmont station, and the neighborhood complements the adjacent Larchmont business district with its collection of multifamily residential and commercial use. This neighborhood is a major contributor to the unincorporated Town's multifamily housing stock. The Plan mentions that existing Town residents are receptive to mixed-use developments in areas"close to the Metro North Station, along Boston Post Road, or around Fifth Avenue," however much of these latter two corridors include areas within the High Coastal Risk Zone and 100-Year Flood Zone, as shown in the Plan's"Environmental Conditions" maps. The Plan should contemplate the addition of significant new walkable, transit-oriented development in the unincorporated area near the Larchmont station as it would be consistent with the existing neighborhood character and provide a significant opportunity for new housing. This area is also served by a number of Bee-line bus routes.The Town should evaluate whether Town-owned parking lots in this area could be replaced by mixed-use development that includes structured commuter parking. This would also support the MTA's investment in its Penn Station Access project, currently estimated to be completed in 2027. This project will provide for direct Metro-North service from the New Haven Line to four new stations in the Bronx and Penn Station in Manhattan. Residents of this high opportunity area will have access to a larger job market, and employers in this area will be able to draw employees from a larger area. Mixed-use development in this area could also satisfy the desire for more commercial businesses that the Plan mentions as a strategy to diversify the tax base and reduce the residential tax burden. 4.Accessory Dwelling Units. The Plan notes the need for "missing middle" housing, commenting that very few areas within the Unincorporated Town are zoned to allow for duplexes,triplexes, or quadplexes, but the Plan's goals and strategies do not mention the use of accessory dwelling units (ADUs) to provide additional housing choices in single-family neighborhoods. The Town does not currently permit accessory dwelling units in any area. Such units expand the range of housing types available in Westchester's communities and are consistent with the County Planning Board's long-range planning policies. The Plan's "Quality Neighborhoods" theme leads with the policy of preserving"existing neighborhood-scale, quality of life and small-Town feel." ADUs have the potential to increase housing affordability (both for homeowners and tenants), create a wider range of housing options within the community, enable seniors to stay near family as they age, and facilitate better use of the existing infrastructure in established neighborhoods. We urge the Town to review the County's Accessory Dwelling Unit Model Ordinance Provisions for guidance in including this strategy in the Plan. 5. Climate change and stormwater management. We commend the Town for including discussion of environmental issues and impacts within the Plan and for providing recommendations regarding environmental protection and resiliency, as climate change is an important issue that will trigger substantial impacts on all Westchester communities, especially areas along the Long Island Sound. We note that stormwater management in the Town plays a key role in the reduction of flooding both within the unincorporated Town and within its Villages. In implementing the goals and objectives of the Plan, we support limiting development on wetlands, Page 188 of 332 Referral File No.MMT 24-002— Comprehensive Plan for the Unincorporated Town of Mamaroneck March 20, 2024 Page 4 floodplains,and other environmentally sensitive sites, as well as adopting measures to reduce impervious surfaces. The Town may explore deferring development away from the floodplains, perhaps by permitting transfer of development rights to areas nearby that are not within the floodplain. 6. Pedestrian and Bicycle infrastructure. The proposed Plan mentions the lack of safe bicycle and pedestrian infrastructure in the unincorporated Town and the desire by residents to safely bike and walk into the Villages of Mamaroneck and Larchmont. The Plan acknowledges that although many of the Town's businesses, public spaces, and parks are within walking and biking distance to residential neighborhoods,major connectivity and safety issues are present that dissuade these forms of transportation in favor of private automobiles. The Plan's proposed policies and actions should be more specific about the physical improvements to pedestrian and bicycle infrastructure the Town will pursue and where they may be desirable. The Plan should note that the East Coast Greenway, the 3,000-mile biking and walking route from Key West to the Canadian border in Maine, includes its designated on-street routing on Palmer Avenue through the unincorporated Town. While some "ECG" signage is present along the route, no protected bicycle infrastructure exists to increase safety. The Town should work with the Villages of Larchmont and Mamaroneck, and the Westchester County Department of Public Works and Transportation (WCDPW&T)to improve conditions for cycling on this and other key corridors. The Town should also explore coordinating with the Villages and the New York State Depaillnent of Transportation to improve cycling conditions on Boston Post Road. While the Plan discusses walking and bicycling as part of the "Safe Connections" theme, bicycle and pedestrian improvements also align with the "Health Community" theme by making it easier for Town residents to incorporate physical activity into the transportation system. 7. Parking regulations. We appreciate the Town including recommendations in the plan to manage and reduce parking demand. The County Planning Board's policies aim to reduce unnecessary driving of single-occupancy vehicles. We recommend that the Plan include reference to the County's Transportation Demand Management Toolkits, which have recently been completed. These toolkits serve to provide guidelines for municipalities to incorporate Transportation Demand Management techniques within their zoning codes, in order to reduce single-occupancy vehicle trips, lower congestion, and reduce total miles traveled in automobiles. Using parking management incentives can help meet these goals and could potentially allow municipalities to lower parking requirements, which can have positive benefits in reducing land disturbance and stormwater runoff. Developing Transportation Demand Management regulations could also help provide solutions such as shared parking arrangements,ridesharing programs, and other means to help manage parking demand. 8. Bee-line bus service. The Plan mentions that residents would appreciate increased bus service. The Plan should include reference to the County's ongoing Mobility & Transit Plan, which seeks to redesign the Bee-Line bus system to provide improved bus service throughout Westchester. The Mobility & Transit Plan suggests Page 189 of 332 Referral File No.MMT 24-002— Comprehensive Plan for the Unincorporated Town of Mamaroneck March 20, 2024 Page 5 increasing bus service on Bee-line bus routes 60, 61, and 66,which provide service in the unincorporated Town. 9. County sewer impacts. As new development occurring within the Town would increase sewage flows and add to the volume requiring treatment at a Water Resource Recovery Facility operated by Westchester County, we recommend the Plan includes a reference to the longstanding policy of the County Department of Environmental Facilities (WCDEF) that municipal governments require development applicants to identify mitigation measures that will offset the projected increase in flow from residential development. The best means to do so is through the reduction of inflow and infiltration (I&I) at a ratio of three for one for market rate units and at a ratio of one for one for affordable AFFH units. 10. Universal design. We encourage the Town to consider the principles of Universal Design in all future development, and to reference universal design standards within the Comprehensive Plan. Universal Design standards allow all residents and visitors to fully engage in our public and residential spaces. Universal Design is also an important means of allowing household residents to age in place as well as to provide access for persons with mobility issues. 11. Coordination with the Villages of Larchmont and Mamaroneck. The Plan suggests coordination with its Villages in the context of shared public recreation spaces and other facilities and services, but the Plan should call for increased coordination between the Town and its Villages in the context of greater planning efforts. The Town worked more closely with the Village of Larchmont in the past: both the 1966 Comprehensive Master Plan and the 1986-87 Master Plan Updates were undertaken for both the Village of Larchmont and the Unincorporated Town by a joint planning group made up of representatives of both areas. The Updates completed in 1986 and 1987 focused on the areas adjacent to the Larchmont railroad station and the entirety of the Boston Post Road corridor, recognizing that these centers and corridors are focuses of activity that transcend municipal borders.The Town also completed its Local Waterfront Revitalization Program(LWRP)with the Village of Larchmont in 1986 and subsequently amended that joint plan in 1995. The Comprehensive Plan should take more effort to reference planning efforts that the Villages have undertaken and reconcile how implementation of the Plan's goals and policies will impact the Villages. 12. Plan implementation timeline. The Plan's"Record of Community Suggestions" appendix is full of specific suggestions from which the Plan states that the Town may choose implementation strategies, but the Plan's goals, policies, and actions are sometimes too general to point to which of these strategies the Town will pursue. The Town should consider providing more detail to how implementation will be accomplished. The Plan should also include a suggested timeline for implementation of its goals and how the Town will evaluate whether the strategies chosen are successful in meeting those goals. Thank you for giving us the opportunity to review this important action. Page 196 of 332 Referral File No.MMT 24-002— Comprehensive Plan for the Unincorporated Town of Mamaroneck March 20, 2024 Page 6 Please inform us of the Town's decision so that we can make it a part of the record. Respectfully, WESTCHESTER COUNTY PLANNING BOARD Richard Hyman Chair, Westchester County Planning Board RH/eal8 cc: Blanca Lopez, Commissioner, Westchester County Department of Planning Page 197 of 332 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, May 8, 2024, at 8:00 PM or as soon thereafter as is possible,to consider the"Separation of the Rules regarding the Outdoor Operation of Power Tools from the Rules regarding the Operation of Leaf Blowers, and the Phase-out of Gasoline-Powered Leaf Blowers", at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: In 1995, citing the unacceptable noise levels heard by residents in dozens of homes surrounding the site where power tools or gasoline-powered leaf blowers are being used,the negative impact of their constant use on the peace, quiet, health and welfare of the community,and noting that their use diminishes the quality of life in our community,the Town passed a local law that limited the use of such devices to certain months and to certain hours. Much more is now known about the effects of gasoline-powered leaf blowers upon the environment. They emit greenhouse gases into the atmosphere and noxious fumes at ground level that can be inhaled by persons and animals in the vicinity of their use. They generate a louder noise over a longer distance than leaf blowers that are not powered by internal combustion engines. Moreover, advances in technology have made electric-powered leaf blowers increasingly more efficient and a viable alternative to gas-powered ones. Accordingly,the Town Board finds that for the benefit of the overall the health and welfare of the community, the use of gasoline-powered leaf blowers in the unincorporated area of the Town of Mamaroneck should be phased out. 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://lmcmedia.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: May 1, 2024 Page 192 of 332 Local Law No. -2024 This local law shall be known as the "Separation of the Rules regarding the Outdoor Operation of Power Tools from the Rules regarding the Operation of Leaf Blowers, and the Phase-out of Gasoline-Powered Leaf Blowers" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: In 1995, citing the unacceptable noise levels heard by residents in dozens of homes surrounding the site where power tools or gasoline-powered leaf blowers are being used, the negative impact of their constant use on the peace, quiet, health and welfare of the community, and noting that their use diminishes the quality of life in our community, the Town passed a local law that limited the use of such devices to certain months and to certain hours. Much more is now known about the effects of gasoline-powered leaf blowers upon the environment. They emit greenhouse gases into the atmosphere and noxious fumes at ground level that can be inhaled by persons and animals in the vicinity of their use. They generate a louder noise over a longer distance than leaf blowers that are not powered by internal combustion engines. Moreover, advances in technology have made electric-powered leaf blowers increasingly more efficient and a viable alternative to gas-powered ones. Accordingly, the Town Board finds that for the benefit of the overall the health and welfare of the community, the use of gasoline-powered leaf blowers in the unincorporated area of the Town of Mamaroneck should be phased out. Section 2-Repeal and Re-Enactment of the title of a current article of the Mamaroneck Code: The title of Article II of Chapter 141 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Article II Restrictions on Outdoor Operation of Power Tools Section 3-Repeal and Re-Enactment of a current article of the Mamaroneck Code: Section 141-9 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §141-9 Title This article shall be known as "Restrictions on Outdoor Operation of Power Tools." Page 193 of 332 Section 4-Repeal and Re-Enactment of a current article of the Mamaroneck Code: Section 141-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 141-10 Purpose The purpose of this article is to reduce noise which is disturbing to individuals in their homes, on their property and in their workplaces. Noise from certain equipment, used out of doors, causes inconvenience to occupants of nearby property when such equipment is used during certain hours. Section 5-Repeal and Re-Enactment of a current article of the Mamaroneck Code: Section 141-11 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 141-11 Definition As used in this article, the following terms shall have the meanings indicated: PERSON An individual, a firm, an association, a partnership, a limited liability company or a corporation. POWER TOOL Any tool that is not operated solely by human muscular power. Section 6-Repeal and Re-Enactment of a current article of the Mamaroneck Code: Section 141-12 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: The outdoor operation of any power tool in the unincorporated area of the Town, other than a power tool designed to remove snow, before 8:00 a.m. or after 9:00 p.m. on any weekday and before 10:00 a.m. or after 5:00 p.m. on Saturdays, Sundays and on New Year's Day, Dr. Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day,Veterans Day, Thanksgiving Day and Christmas Day shall be unlawful. 2 Page 194 of 332 Section 7-Repeal and Re-Enactment of a current article of the Mamaroneck Code: Section 141-13 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 141-13 Suspension of Title II In the case of a severe weather or non-weather-related event, the Supervisor, in such official's sole and unfettered discretion, may suspend this title for such period of time as the Supervisor deems necessary or desirable to protect the overall welfare of the residents of the unincorporated area of the Town. Section 8-Amendment of a current article of the Mamaroneck Code: The Code of the Town of Mamaroneck is amended by adding a new section 141-14 that reads as follows: § 141-14 Penalties for offenses A.A person shall be guilty of an offense if such person operates any power tool in violation of any provision of this title. B. A person shall be guilty of an offense if such person employs a person to operate any power tool and that person operates such tool or equipment in violation of any provision of this title. C. A person who owns or leases property where a violation of this title occurs shall be guilty of an offense. D. In any prosecution under this title, it is an affirmative defense that the person who owns the property where a violation of this title occurs (1) entered into an agreement with a tenant of such property that either allows the tenant to engage, or places upon the tenant the responsibility to engage persons to operate any power tool and (2) did not engage the persons who used such tool or equipment on the date and at the time specified in the summons issued to the owner. E. In any prosecution under this title, it is an affirmative defense that the person who leases the property where a violation of this title occurs (1) did not enter into an agreement with the owner of such property that either allows the tenant to engage, or places upon the tenant the responsibility to engage persons to operate any power tool and (2) did not engage the persons who used such tool or equipment on the date and at the time specified in the summons issued to the tenant. 3 Page 195 of 332 F. A person convicted of an offense under this title shall be punished as follows: 1. For the first offense during a calendar year, with a fine of not less than$125 and not more than $250, 2. For a second offense during the same calendar year, with a fine of not less than $250 and not more than$500, and 3. For additional offenses during the same calendar year, with a fine of$500 for each such offense. Section 9-Addition of a new article to Chapter 141 of the Code of the Town of Mamaroneck: The Code of the Town of Mamaroneck hereby is amended to add the following new article to Chapter 141 thereof. Article III Restrictions on the Operation of Leaf Blowers § 141- 15 Title This article shall be known as"Restrictions on the Operation of Leaf Blowers." § 141- 16 Purpose In 1995, citing the unacceptable noise levels heard by residents in dozens of homes surrounding the site where a gasoline-powered leaf blower is being used, the negative impact of their constant use on the peace, quiet,health and welfare of the community, and noting that their use diminishes the quality of life in our community, the Town passed a local law that limited the use of such devices to certain months and to certain hours. Much more is now known about the effects of gasoline-powered leaf blowers upon the environment. They emit greenhouse gases into the atmosphere and noxious fumes at ground level that can be inhaled by persons and animals in the vicinity of their use. They generate a louder noise over a longer distance than leaf blowers that are not powered by internal combustion engines. Moreover, advances in technology have made electric-powered leaf blowers increasingly more efficient and a viable alternative to gas-powered ones. Accordingly, the Town Board finds that for the benefit of the overall health and welfare of the community, the use of gasoline-powered leaf blowers in the unincorporated area of the Town of Mamaroneck should be phased out. 4 Page 196 of 332 § 141-17 Definitions As used in this article, the following terms shall have the meanings indicated: GASOLINE-POWERED LEAF BLOWER Any leaf blower powered by an internal combustion engine which discharges a stream of forced air and which is used or designed to move grass, leaves, clippings, dust, dirt or other matter by blowing them with air emitted by such device. A leaf blower which itself is not powered by an internal combustion engine but is being used while plugged into a generator which is powered by an internal combustion engine shall be deemed a gasoline-powered leaf blower. LEAF BLOWER Any motorized device that is used or designed to move grass, leaves, clippings, dust, dirt or other matter by blowing them with air emitted by such device. PERSON An individual, a firm, an association, a partnership, a limited liability company or a corporation. § 141-18 Restrictions A. Times of Day when Operation of Leaf Blowers is Unlawful. It shall be unlawful for any person in the unincorporated area of the Town to operate any leaf blower before 8:00 a.m. or after 9:00 p.m. on any weekday and before 10:00 a.m. or after 5:00 p.m. on Saturdays, Sundays and on New Year's Day, Dr. Martin Luther King,Jr. Day, Presidents' Day, Memorial Day, Columbus Day,Veterans Day,Thanksgiving Day and Christmas Day. B.Months of the Year when Operation of Leaf Blowers is Unlawful. The use of leaf blowers shall be unlawful in the unincorporated area of the Town from the first day of June through and including the thirtieth day of September of each year. C.Phase-out of Gasoline-Powered Leaf Blowers. On and after January 1, 2025, it shall be unlawful for any person in the unincorporated area of the Town to operate a gasoline-powered leaf blower. D. The restrictions contained in sections 141-18 A., B. and C. shall not apply to the Town of Mamaroneck, the County of Westchester, the State of New York, the Mamaroneck Union Free School District, utility companies or persons engaged by any of the foregoing to perform such work. 5 Page 197 of 332 E. The restriction contained in section 141-18 C. shall not apply to properties located in the zoning district known as the Recreation District: R. § 141-19 Suspension of Title III In the case of a severe weather or non-weather-related event, the Supervisor, in such official's sole and unfettered discretion, may suspend this title for such period of time as the Supervisor deems necessary or desirable to protect the overall welfare of the residents of the unincorporated area of the Town. § 141-20 Penalties for offenses A. A person shall be guilty of an offense if such person operates a leaf blower in violation of any provision of this title. B. A person shall be guilty of an offense if such person employs a person to operate a leaf blower and that person operates such leaf blower in violation of any provision of this title. C. A person who owns or leases property where a violation of this title occurs shall be guilty of an offense. D. In any prosecution under this title, it is an affirmative defense that the person who owns the property where a violation of this title occurs (1) entered into an agreement with a tenant of such property that either allows the tenant to engage, or places upon the tenant the responsibility to engage persons who use leaf blowers and (2) did not engage the persons who used leaf blowers on the date and at the time specified in the summons issued to the owner. E. In any prosecution under this title, it is an affirmative defense that the person who leases the property where a violation of this title occurs (1) did not enter into an agreement with the owner of such property that either allows the tenant to engage, or places upon the tenant the responsibility to engage persons who use leaf blowers and (2) did not engage the persons who used leaf blowers on the date and at the time specified in the summons issued to the tenant. F. A person convicted of an offense under this title shall be punished as follows: 1. For the first offense during a calendar year, with a fine of not less than$125 and not more than $250, 2. For a second offense during the same calendar year, with a fine of not less than $250 and not more than$500, and 3. For additional offenses during the same calendar year, with a fine of$500 for each such offense. 6 Page 198 of 332 Section 10-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 11 -Effective Date: This Local Law shall become effective upon filing with the Secretary of State. April 26,2024-LL for Public Hearing 7 Page 199 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: Tracy Yogman, Town Comptroller Re: 2024 Bond Resolution Summary Report Date: May 8, 2024 Attached is a memo from Town Comptroller, Tracy Yogman, that outlines the purposes of the bond resolutions presented for adoption. These bond resolutions are consistent with our capital plan discussions and your budget approval. Each bond resolution requires a vote of four out of five Board members to adopt. Tracy will be in attendance to respond to any questions you may have. Page 200 of 332 u_r "v t; rn Town of Mamaroneck rl Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Bond Resolution Summary Report General: The 2024 Capital Budget included many projects that were needed throughout the Town. In consideration of the current economic conditions, the fund balance in each fund and projects that are in progress, a careful review of all projects planned was completed with the objective of keeping debt service as low as possible. The first step in securing the funding requires the adoption of bonding resolutions. The Fire District requires a referendum. The Water District and Garbage District bonds require public hearings before a vote that will be scheduled in separate resolutions. The total amount of$12,477,400 will be bonded in 2024. The bond for the Rye Lake Filtration Plant in the Water District is the most significant project that requires a $5,534,000 bond resolution. The Town's share of the estimated $145 million project is 16.7% or a total of $24.2 million. We have issued bonds totaling $6,875,000 since 2020. We will need to issue bonds in the amount of $17.7 million to complete the funding of the project. The balance of the project will require a $4m bond annually in 2025, 2026 and 2027. An updated project estimate and cash flow is in progress. According to the financial advisors, the bond market has been stable and rates for both Bonds or Notes for municipalities with a Aaa bond rating are still low. Twenty year bonds are currently selling at a rate of 3.5-3.7%. We intend to accept the financial advisor's advice on the most cost effective borrowing method at the time the bonds are ready to be sold. We will provide an update as the process progresses. Debt service on bonds that are issued in 2024 will begin in 2025. The debt service for the projects below will be funded by several different funds. The Water District debt service is funded with fees based on usage and the annual cost will be incorporated into the 2025 fee structure. The debt service in the other funds are paid with tax revenues. Page 201 of 332 The proposed financing schedule provided by Capital Markets, the Town's financial advisor is as follows: Publish notice of referendum May 15th Proposed Fire District vote June 18th Publish estoppel notices(after the vote) by June 17th Draft POS July 8th Moody's Rating Call Week of July 15th Mail POS July 25th Sell Bonds August 8th Close Bonds August 22nd Below is a brief summary of the projects and the amount of the required bonds for which approval is necessary: 1. Parks Building (H5191) $2,470,000 Demolition and replacement of the parks building in Memorial Park that was damaged in Storm Ida. The structure will be a two story building. The bottom floor will be storage and work area for the Town Park's equipment and the second story will be a work area for the Town's sign shop. The total cost of the project is estimated to be $2,921,280 of which we received $127,280 from insurance and a transfer from the General Fund of $324,000. The balance of $2,470,000 will be bonded. The bond resolution is attached. 2. Road Reconstruction- (H5104) $1,075,300 This project includes the reconstruction/resurfacing of roads that have been prioritized based on a road condition analysis. The 2024 total reconstruction plan is estimated to be $1,468,807 of which $208,117 is remaining funding from last year's paving and 2024 CHIPS funding of $185,390. The balance of $1,075,300 will be bonded. Debt service will be paid by the Highway Fund. The bond resolution is attached. 3. Highway Vehicles- (H5106) $505,600 In accordance with the vehicle replacement plan, two highway vehicles are beyond their useful life. The two trucks include a payloader and a dump truck with a salt spreader to replace a 2009 payloader and a 2005 dump truck. Debt service will be paid by the Highway Fund. The bond resolution for this capital purchase is attached. 4. Highway Garage- Tree Equipment(H5138) $793,000 Partial demolition and replacement of the Highway Garage that is used to store the Town's tree equipment. The building has structural fatigue and settlement and is too small to store the tree equipment. The total cost of the project is estimated to be $1,178,000 of which $385,000 was previously bonded for in 2021. The balance of$793,000 will be bonded in 2024. The bond resolution is attached. 5. Highway-Curb Improvements (H5173) $293,000 This project includes Curb improvements on Howell Ave, ADA ramps on New Jefferson/N. Chatsworth; Edgewood & N. Chatsworth, Colonial Ave and Daymon Terrace. Debt service will be paid by the Highway Fund. The bond resolution is attached. Page 202 of 332 6. Garbage Truck(H8609) $444,000 In accordance with the five year vehicle replacement plan, this truck will replace an aging truck in the fleet. Debt service will be paid by the Garbage Fund. The bond resolution is attached. 7. Fire Dept Scott Air-Paks (H3495) $519,000 The Scott Air-Paks are self-contained breathing apparatus that meet the National Fire Protection Association (NFPA) standards. They have exceeded their 15 year useful life and are 3 versions behind the current model. Replacement of thirty-eight (38) Scott Paks is required in 2024. Debt service will be paid by the Fire District Fund. 8. Park Lane Storage Tank#2 Rehabilitation (H1397) $392,500 Park Lane Water Storage Tank #2 rehabilitation is required to avoid structural steel failures and extend the useful life of the water tank and to meet current regulatory requirements. This project requires a public hearing. The bond resolution is attached. Debt service will be funded through water rate increases and paid by the Water District Fund. Bonds to be Rescinded: 9. Comprehensive Plan (H8066) ($68,000) The comprehensive plan is in its final phase of adoption and implementation. A bond resolution for $248,000 was adopted in 2019. Bonds of$180,000 were issued for the project. Additional funds will not be needed. A resolution to rescind the remaining $68,000 is attached. 10. Improvements of the Facilities in Sanitary Sewer No. 1 (H8123) ($7,170,000) The sanitary sewer district improvements have been completed. A bond resolution of $11,100,000 was adopted in 2017 for the project. Bonds of $3,930,000 were issued and additional funds will not be needed. The actual project costs were lower than anticipated and an EFC grant was awarded for the project. A resolution to rescind the remaining $7,170,000 is attached. 11. Rye Lake UV Facility (H1352) ($586,000) The reconstruction of the Rye Lake Ultra Violet Facility has been completed. A bond resolution of $1,586,0000 was adopted in 2019 for the project. Bonds of $1,000,000 were issued and additional funds will not be needed. The actual project costs were lower than anticipated, fund balance was used and an EFC grant was awarded for the project. A resolution to rescind the remaining $586,000 is attached. The following is the list of bonds that will be issued totaling $12,477,4400. Project# Fund Dept Project Description Bonds to be issued in 2024 H5191 A 5110 Parks Building Sign shop (2022 Project) $2,470,000 H5104 DB 5110 Roads, Sidewalks & Curb Improvements $1,075,300 H5106 DB 5130 Pay loader replacement $205,600 H5106 DB 5130 Dump truck with salt spreader $300,000 H5138 DB 5110 Tree garage construction Page 203 of 332 $793,000 H5173 DB 5110 Curb improvements $293,000 H3411 SF 3410 Replace the 2007 Fire engine pumper that requires more maintenance as it ages. $127,000 H3495 SF 3410 Scott Pak Replacements $519,000 H8609 SR 8160 Garbage truck- 20 Yard $444,000 H1364 SW 8340 Rye Lake Filtration Plant-2023-2026 $5,656,000 H1397 SW 8340 Park Lane Storage #2 $392,500 H1401 SW 8340 Asbestos water main break on Brookside Place. $202,000 $ 12,477,400 Page 204 of 332 o ul `" m Town of Mamaroneck Town Center FOUNDED 1661 i 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 CC: Tracy Yogman, Town Comptroller Re: Fire Claims Date: May 8, 2024 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 205 of 332 u_rt1;' 'rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: May 8, 2024 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 5-8-24 Page 206 of 332 Town of Mamaroneck From: Tracy Yogman -Town Comptrollert�. Re: Fire Claims Date: May 08, 2024 The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount Light fixtures-led, uniform gloves&ties, pens, EMS bags, parts for R6 Amazon.Com dry hopper, laminating pouches,Airpak mask $ 312.10 Amazon.Com Ink for printer and backup computer hard drive $ 1,072.47 AAA Emergency Supply Co., Inc Air Pak mask, Scott AV-3K high temp mask, Scott Pak repair $ 639.90 Bound Tree Medical LLC Medical supplies 393.28 Grainger Scissors,safety glass, utility knife, hand soap,return 152.64 Galls Uniform shirts: Dorzbacher, Karnsomtob, Hecker 213.00 Galls Hat, logos,t-shirts, pants, shirts&logos 767.25 Home Depot Lumber for Thru the wall training prop 45.17 KRB Supply Inc Test plug &ratchet straps 69.80 Landfall Dry suit liner 445.50 Optimum Cable service 4/23-5/22/24 284.12 Ready Refresh Water cooler rental 3/19-4/18/24 195.96 Sound Shore Chiefs Association Yearly dues-January- December 2024 400.00 Town of Mam'k Fire Food for Recruitment Open House 4/12/24 429.39 United overhead Door Corp Emergency service 4/9/24 1,192.50 Total $ 6,613.08 Page 207 of 332 IS LLP m Town of Mamaroneck X Town Center FOUNDED 1661 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: Adoption of Bond Resolution for the Purchase of Scott Pak Replacements Date: May 8, 2024 Action Requested: A RESOLUTION AUTHORIZING THE PURCHASE OF scott pak replacements FOR THE MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY,NEW YORK,AT A MAXIMUM ESTIMATED COST OF $519,000, AND AUTHORIZING THE ISSUANCE OF $519,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST THEREOF. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County,New York, as follows: Section 1. The purchase of Scott Pak replacements, including incidental expenses in connection therewith, in and for Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, is hereby authorized at a maximum estimated cost of$519,000. Section 2. The plan for the financing of such maximum estimated cost is by the issuance of $519,000 serial bonds of said Fire District hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the Page 208 of 332 payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Fire District, a tax without limitation as to rate or amount sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Fire District Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Fire District Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Fire District Treasurer, the chief fiscal officer of such Fire District. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such forth and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Fire District Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: a. Such obligations are authorized for an object or purpose for which said Fire District is not authorized to expend money, or b. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or i. Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full in the official newspaper of said Fire District for such purpose, together with a notice of the Fire District Secretary in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. This resolution is adopted subject to approval at a special election of said Fire District to be held on June 18, 2024. Page 209 of 332 1; n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Adoption of Bond Resolution for the Purchase of Scott Pak Replacements General: This is the first step in the referendum for the issuance of bonds for the Scott Pak replacements. Page 210 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Resolution Calling for a Special Fire District Election Date: May 8, 2024 Action Requested: WHEREAS, the Board of Fire Commissioners of the Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York has heretofore at this meeting adopted a bond resolution authorizing the purchase of Scott Pak replacements, including incidental expenses in connection therewith, at a maximum estimated cost of $519,000, which is subject to the approval of the qualified voters of said Fire District,NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County,New York, as follows: Section 1. A special election of the qualified voters of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, is hereby authorized to be held on the June 18, 2024, at the Weaver Street Firehouse, in Mamaroneck, New York, in said Fire District, between the hours of 3:00 o'clock P.M. and 9:00 o'clock P.M., Prevailing Time, to vote by PAPER BALLOT upon the adoption or rejection of the bond resolution heretofore adopted at this meeting. Section 2. The notice of such special election shall be in substantially the following form, to-wit: Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County,New York NOTICE IS HEREBY GIVEN that, pursuant to Section 38.00 of the Local Finance Law and Section 179 of the Town Law, a special election of the qualified voters of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County,New York, will be held at the Weaver Street Firehouse, 205 Weaver Street, in Mamaroneck, New York, in said Fire District, on June 18, 2024, between the hours of 3:00 o'clock P.M. and 9:00 o'clock P.M., Prevailing Page 211 of 332 Time, for the purpose of voting by paper ballot upon the adoption or rejection of the following resolution: Bond Resolution A RESOLUTION AUTHORIZING THE PURCHASE OF SCOTT PAK REPLACEMENTS, FOR THE MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $519,000, AND AUTHORIZING THE ISSUANCE OF $519,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST THEREOF. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County,New York, as follows: Section 1. The purchase of Scott Pak replacements, including incidental expenses in connection therewith, in and for Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, is hereby authorized at a maximum estimated cost of$519,000. Section 2. The plan for the financing of such maximum estimated cost is by the issuance of $519,000 serial bonds of said Fire District hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Fire District, a tax without limitation as to rate or amount sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Fire District Treasurer, the chief fiscal officer. Such notes shall be of such terms, form, and contents, and shall be sold in such manner, as may be prescribed by said Fire District Treasurer, consistent with the provisions of the Local Finance Law. Page 212 of 332 Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Fire District Treasurer, the chief fiscal officer of such Fire District. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such forth and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Fire District Treasurer shall determine consistent with the provisions of the Local Finance Law Section 7. The validity of such bonds and bond anticipation notes may be contested only if: a. Such obligations are authorized for an object or purpose for which said Fire District is not authorized to expend money, or b. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or i. Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full in the official newspaper of said Fire District for such purpose, together with a notice of the Fire District Secretary in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. This resolution is adopted subject to approval at a special election of said Fire District to be held on June 18, 2024. The polls will be kept open for the purpose of voting during the aforesaid hours, and the proposition will be in substantially the following form, to-wit: PROPOSITION Shall the bond resolution entitled: "A RESOLUTION AUTHORIZING THE PURCHASE OF SCOTT PAK REPLACEMENTS FOR THE MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $519,000, AND AUTHORIZING THE ISSUANCE OF $519,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST THEREOF.", duly adopted by the Board of Fire Commissioners of said Fire District on the 8th day of May, 2024, be approved Page 213 of 332 Pursuant to subdivision 4 of Section 179 of the Town Law, every elector of the Town who shall be a registered voter of the Town and who shall have resided in the Fire District for the period of thirty days next preceding the election which is the subject of this notice shall be qualified to vote upon such proposition. Dated: Mamaroneck,New York, May 8, 2024. BY ORDER OF THE BOARD OF FIRE COMMISSIONERS OF MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK /s/Allison May Fire District Secretary Section 3. The Secretary of said Fire District is hereby authorized to give notice of such special election by publication once in the Journal News, a newspaper published in Mamaroneck, New York, and having a general circulation in said Fire District, the first publication to be not less than twenty-seven (27)nor more than thirty-four(34) days prior to the date of such election. Section 4. This resolution shall take effect immediately. Page 214 of 332 "v t n Town of Mamaroneck Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Resolution Calling for a Special Fire District Election General: This is the second step in the referendum for the issuance of bonds for the Scott Pak replacements. Page 215 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Resolution Designating Special Fire District Election Personnel Date: May 8, 2024 Action Requested: WHEREAS,the Board of Fire Commissioners of Mamaroneck Fire District No. 1, Westchester County, New York, has called a special election of the qualified voters of said Fire District to be held on June 18, 2024; and WHEREAS, it is now desired to provide for the appointment of a permanent chairman, inspectors of election and assistant clerks for said special election; NOW, THEREFORE, BE ITRESOLVED, by the Board of Fire Commissioners of the Mamaroneck Fire District No. 1, Westchester County,New York, as follows: Section 1. Jessica Thorpe, a duly qualified voter of said Fire District is hereby appointed as the permanent chairman of the special election referred to in the preambles hereof. Section 2. The following named qualified voters of said Fire District are hereby appointed to act as inspectors of election of said special election, so that there shall be at least two inspectors for each ballot box or voting machine to be used thereat: Weaver Street Firehouse, in the Town of Mamaroneck, Larchmont,New York 10538. Section 3. Dan Nidus is hereby designated as chief election inspector. Section 4. The following named qualified voters of said Fire District are hereby appointed as assistant clerks of said special election: Ann Goode. Section 5. Each inspector of election and assistant clerk appointed for said special election, as herein provided, shall be entitled to compensation at the rate of $175 for each day actually and necessarily spent on the duties of his office. The Clerk of said Fire District is hereby authorized and directed to give written notice of appointment to the persons herein respectively appointed as permanent chairman, inspectors of election and assistant clerks for said special election. Page 216 of 332 Section 6. This resolution shall take effect immediately. Page 217 of 332 "v 1 n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Resolution Designating Special Fire District Election Personnel General: This is the third step in the referendum for the issuance of bonds for the Scott Pak replacements. Page 218 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Resolution Setting Time and Place of Meeting of Inspectors of Election Date: May 8, 2024 This resolution is required to set the time and place of a meeting of the inspectors of election of Fire District No. 1 for the purpose of the preparation of the Fire District election register for the Special Fire District Election on June 18, 2024. Action Requested: WHEREAS, the Board of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, heretofore resolved on May 8, 2024, to call a special election of said Fire District, such special election to be held at Weaver Street Firehouse, 205 Weaver Street, in Mamaroneck, New York, in said Fire District, on June 18, 2024, between the hours of 3:00 o'clock P.M., and 9:00 o'clock P.M., Prevailing Time; and WHEREAS, pursuant to Section 175-a of the Town Law, only persons registered with the Westchester County Board of Elections on or before May 22, 2024, the date 23 days prior to the date of the election (taking into account rules regarding Sunday), shall be entitled to vote in such special election; and WHEREAS, such Section 175-a requires that a resolution setting the time and place of the meeting of the election inspectors appointed by said Board of Fire Commissioners of said Fire District for the aforesaid special election be adopted at least thirty days prior to such special election; NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County,New York; Section 1. The inspectors of election approved by resolution duly adopted by said Board of Fire Commissioners on May 8, 2024, shall meet at the Weaver Street Firehouse located at 205 Weaver Street, in Mamaroneck, New York, in said Fire District, on June 6, 2024, at 12:00 o'clock P.M. to commence preparation of the register of those persons eligible to vote in such special election. In accordance with said Section 175-a of the Town Law, only those persons registered with the Board of Elections of Westchester County on or before Page 219 of 332 the date 23 days prior to the date of the election, will be entitled to vote at such special election. Section 2. This resolution shall take effect immediately, and neither publication nor posting is required. Page 220 of 332 7 u_r "v t; n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Resolution Setting Time and Place of Meeting of Inspectors of Election General: This is the fourth step in setting up the referendum for the issuance of bonds for the Scott Pak replacements for the Fire District. Page 221 of 332 7. . 7 ul 1 Town of Mamaroneck in # x Town Center FOUNDED 1661 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: Speed Hump Policy Date: May 8, 2024 Attached please find the revised Speed Hump Policy based on our discussion at the previous Town Board meeting. Should the Town Board be satisfied with the revisions, I offer the following resolution. Action Requested: Resolved that the Town Board hereby approves the Speed Hump Policy and hereby authorizes the Town Administrator to implement the policy. Attachment/s: Speed Hump Policy - Final 052024 Page 222 of 332 TOWN OF MAMARONECK SPEED HUMP POLICY 1 Page 223 of 332 Table of Contents Background and Reference Document 3 Speed Hump Eligibility Criteria 3 - 5 1: Written Request from Citizen or Association Criteria 2: Street Eligibility Criteria 3. Application Procedures 4. Approval and Funding General Guidelines for Design 5 Monitoring and Removal 6 2 Page 224 of 332 I. Background and Reference Document: The installation of speed humps in the United States has been difficult because this type of traffic calming device is not in the Manual on Uniform Traffic Control Devices (MUTCD). Some municipalities have been reluctant to install speed humps, because of liability issues possibly related to; (1) potential loss of vehicle control; (2) potential vehicle damage; (3) traffic diversion to other streets; (4) increased emergency vehicle response time; and (5) bicycle safety. Nevertheless, more and more municipalities are experimenting with the design and placement of speed humps in response to citizen concern and protest to reduce the speed and volume of traffic on neighborhood streets. The Institute of Transportation Engineers (ITE) has developed a set of guidelines for the design and application of speed humps (Guidelines for the Design and Application of Speed Humps, ITE Traffic Engineering,June 1997)1. Speed Humps are also included in the New York State Department of Transportation (NYSDOT) design manual. II. Speed Hump Eligibility Criteria Criteria 1: Written Request from Citizen or Association Residents or neighborhood associations wishing to have speed humps considered for a specific street must submit to the Traffic Committee a written request endorsed by at least 75% of the households within the portion of the subject street confined by the nearest intersections. Should the recommendation be made to consider the request, the Town, at its discretion, may elect to install temporary speed hump structures for evaluation of performance prior to completion of a permanent installation. The dates and duration of time that temporary speed humps are evaluated shall be determined by the Town. A traffic count at the location of a proposed speed hump will be completed by the Police Department prior to its installation and at a time determined by the Town after their installation to determine whether or not there has been any change in traffic volume as a result of the speed humps. Criteria 2: Street Eligibility Criteria Town staff will review such requests for speed humps, based on the criteria established in this policy. Collector streets with high volumes of traffic will not be considered for speed humps, nor will snow emergency routes as designated per Town Code §219-81. In addition, the Town has no authority to place speed humps on County or State roadways. Only after the elimination of other appropriate and authorized conventional, non-capital controls (e.g. speed limit signs, appropriate warning signs, directed enforcement) and a comprehensive review by the Town Engineer and Police Departments, is a street to be 3 Page 225 of 332 considered for speed humps. Eligibility Criteria for Local residential street: • An uncontrolled segment length of 600' or greater • A local street defined as those streets that are mainly residential side streets, where speeds limits do not exceed 30 mph • Speed humps can be placed in accordance with the General Guidelines for Design as outlined below. Streets are ineligible for speed humps if: • Classified as an emergency route or collector street • Grades, curvature, limited sight distance, or other physical conditions make the application of speed humps unsafe in the opinion of the Town Engineer or consulting engineer. • Used as a routine emergency service route or a major transit route for buses or bicycles • Scheduled for pavement resurfacing or other planned construction within the next two budget years • Excessive traffic volume would be diverted to other residential streets • The design guidelines below cannot be effectively met in the desired location • Other safety considerations determined critical during review. Criteria 3: Application Procedures Request for speed humps will first be thoroughly reviewed by staff based on the eligibility criteria. Engineering, Police, Fire, Ambulance, and Highway Departments may be asked to review all proposed speed hump installations. Departmental comments will be considered in the decision-making process. Following such review, the resident's application for speed hump consideration, along with the staff recommendation, will be placed on an agenda for consideration by the Town's Traffic Committee. The Town will notify the residents on the portion of the subject street confined by the nearest intersections and within a measured radius of 300' from the center line of the street segment of the topic of discussion and the scheduled meeting date. The Traffic Committee will then discuss the request at a Traffic Committee meeting and will determine whether or not to make a recommendation to the Town Board that a speed hump be placed in accordance with the request. Criteria 4: Approval and Funding Because speed hump funding is limited, it may not be possible for all eligible projects to be funded. Speed humps recommended by staff and the Traffic Committee and approved by the Town Board may be prioritized and placed in the capital plan in the year in which 4 Page 226 of 332 funding can be secured. Decisions on items to be placed in the capital plan are made during the annual budget process. The Town shall have the discretion to install temporary speed hump structures prior to completion of permanent installation. Such discretion will consider the potential costs, availability of material and labor resources associated with temporary speed hump installation. III. General Guidelines for Design The following are general guidelines for design of speed humps. These are provided for citizen information only. The latest design requirements as determined by the NYSDOT, ITE, and the American Association of State Highway and Transportation Officials (AASHTO) shall be utilized. The Town Engineer will determine applicable modifications to the design. Guideline 1: Speed humps within a series are often placed from 200 feet to 750 feet apart. On long blocks they are placed 1000 feet to 1600 feet and three or more humps might be necessary. Guideline 2: A series of two or more speed humps on a street are usually more effective than a single hump. Guideline 3: The first hump in a series should be located where it cannot be approached at high speed from either direction. Guideline 4: Speed humps (at the first hump in a system) are usually installed no closer than 200 feet measured from the nearest traffic control device (i.e.stop sign,traffic signal) or sharp curve with limited sight distance. Guideline 5: Traffic control consisting of signs and markings is needed to warn roadway users of the presence of a speed hump. While no minimum standards exist for devices to be used in conjunction with speed humps, devices typically used by agencies are the W8 -1 BUMP warning sign in the MUTCD (Manual on Uniform Traffic Control Devices) and markings that show advance word messages (typically "Bump") directly in advance of, or on, the hump. Pavement word and symbol markings should be installed in conformance with MUTCD guidelines. Guideline 6: Speed humps should not be placed to interfere with access to underground utilities, impair winter snow removal operations or negatively impact existing drainage patterns for surface runoff on the road surface. Guideline 7: Speed humps should not be installed within 100 feet of a roadway intersection. 5 Page 227 of 332 IV. Monitoring and Removal Installed speed humps will be (are monitored) by the Town for six months to a year. If safety problems develop due to installation, maintenance, or emergency issues, steps will be taken by the Town Engineering Department and Highway Department to modify the speed humps or remove the devices. If a safety problem does not exist, a request for removal of installed speed hump(s) may be submitted provided that 75% of households residing within the subject street segment support the request for removal. After proper review by Town staff and the Traffic Committee it remains within the discretion of the Town Administrator, after consultation with appropriate departments, to decide on removal of the humps and road restoration. Nothing herein precludes the installation of a speed hump in any location deemed appropriate by the Town. 6 Page 228 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: William Maker Jr., Town Attorney Re: Refinement of the Procedure for Processing Site Plan Applications Date: May 8, 2024 Attached is a memo from Town Attorney, Bill Maker, regarding a local law that would update the procedures for acceptance of site plan applications. Should the Board find this proposed local law acceptable in its current state, I offer the following resolution: Action Requested: Resolved that the Town Board does hereby set the date for a Public Hearing for the "Update of the Procedures for Site Plan Review of Non-Residential Development" Law for May 22,2024. Page 229 of 332 u_r "v t; rn Town of Mamaroneck Town Attorney, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 WmakerJr@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: William Maker Jr., Town Attorney CC: Ralph EngelBoard Member Subject: Refinement of the Procedure for Processing Site Plan Applications General: I have been working with the Planning Board in updating its procedures for processing site plan applications. I attach a proposed local law which is the culmination of those efforts. The changes make the processing of site plan applications comport with the manner that the Planning Board and the Town staff currently handle them. There is one substantive change, however. The current law (section 177-12 [A] [31) provides that if the Planning Board does not hold a public hearing upon an application with 62 days of the submission of a complete application, the site plan application is deemed approved. Since the Board only meets once per month, this truncated timeline is too limiting. Accordingly, that provision is omitted from the proposed law. Since the changes overhaul the current law substantially, superimposing the changes in a redline of the current law was impractical. I do attach a copy of the current law in case you wish to juxtapose the two. To assist you in your review, I have circled those sections of the current law that are being amended. Attachment/s: 05032024 2024-4-19-TB-tr proposed LL Page 230 of 332 o o 4 Town of Mamaroneck z i I County of Westchester ,x 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914 .'381-7815 FAX: 914 / 381-7809 WMakerJr@TownofMarnaroneckNY.org MEMORANDUM To: Members of the Town Board ccs: Meredith S. Robson, Town Administrator Allison May, Town Clerk Ralph Engel, Chair of the Planning Board From: William Maker,Jr., Attorney for the Town Subject: Revision of the Site Plan law Date: May 3, 2024 I attach comments from Ralph Engel dated April 26, 2024. The first is a word change which I deem to be acceptable. The other is more substantive. Proposed section 177-12 A. (1) places a finite time limit upon the Planning Board. Ralph's concern is 62 days may be insufficient. I do not find convincing his hypothetical and example of applicants requesting adjournments. The concept of a time limit is to prevent the Planning Board from "sitting on" an application instead of addressing it. However,if it is the applicant who requests an adjournment,the time clock should stop. In such circumstance it is the applicant, not the Planning Board, that is extending the time for processing the application. You may agree with Ralph's concern about lack of a quorum and summer. Therefore, to assure applicants that their site plan applications will be processed without undue delay while at the same time recognizing the practical problem of quorums and meeting dates, I suggest that the first sentence of proposed section177-12 A. (1)be revised thusly, "Unless a public hearing has been waived pursuant to § 177-12A(31, below, a public hearing on a site plan application shall be opened seheelttled-aiiel-eeRduc4eel by the Planning Board, within 6290 days after the Engineer certifies that a properly completed application has been received within the meaning of Town Law§274-a (8)." Page 231 of 332 Maker Jr., William From: Ralph <engelesq@gmail.com> Sent: Friday,April 26,2024 7:00 PM To: Maker Jr.,William Cc: Lisa Hochman, Esq. Subject: Re:4/19 Memo With Attachments I am all in favor of your proposal eliminating the 62 day rule you suggested be eliminated,if that can be done. In proposed new Section 170-10A25,should the last word in the third line perhaps be"deem"rather than"be"? In proposed new Section 177-12A1,do we still have to include the 62 day time limit? For example,the PB may not meet at all in August,or at any point if a quorum is unavailable.An applicant may request an adjournment,which itself can run for more than 62 days(the applicant for two new multi-family buildings on the BPR requested,and received, four[4j consecutive one-month adjournments).Once a complete application is received,the PB almost always has at least one "consideration"meeting with the applicant and/or his/her authorized representative,which meeting(s)often result in changes to the submitted plans,and the revised plans often are discussed at another"consideration"meeting.The idea is that,when the public hearing is held,the public can see and comment on the proposed final version of the plans.That often takes over, sometimes well over, 62 days after the initial complete application is received. Can the Town Board also drop this 62 day time limit? I am sending a cc hereof to Lisa,so that she is fully up to date on all this. Thanks again, Bill Ralph Ralph M. Engel enselesa( gmail.com 1 Page 232 of 332 Local Law No. -2024 This local law shall be known as the "Update of the Procedures for Site Plan Review of Non- Residential Development" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: Based upon the Planning Board's experience in handling applications for site plan review, certain aspects of the process are updated by this local law to make the process run more smoothly both for applicants and the Planning Board. Section 2-Amendment of a current section of the Mamaroneck Code: Section 177-9 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-9 Pre-submission conference. A. Prior to the submission of a site plan application, the applicant and/or the applicant's authorized representative shall meet in person or virtually with a group consisting of some or all of the following persons: the Building Inspector, the Director of Building Code Enforcement and Land Use Administration, the Engineer, the Town's Consulting Engineer, the Environmental Planner or Coordinator, the Attorney for the Planning Board, the Attorney for the Town and any other Town employees or outside consultants invited to the conference by the Town. The purpose of such conference shall be to discuss proposed uses or development, identify potential issues and review the procedural requirements for a site plan application so that the applicant will have a better understanding of the process for site plan approval. B. An application for site plan approval involving a parcel that requires variances of any kind for its proposed use must include a copy of the resolutions adopted by the Board of Appeals granting such variances. If a requisite variance has not been obtained at the time such application is filed, the applicant may include with the application a list of all variances that the proposed site plan will require. The Planning Board may consider the application but will not grant site plan approval until the applicant presents a copy of the resolutions adopted by the Board of Appeals granting such variances. The grant of a variance shall not require the Planning Board to grant site plan approval. Page 233 of 332 C. If a use for which a special use permit already has been issued will continue, and if such special use permit is still in effect, the application for site plan approval shall contain a copy of the most recent special use permit. D. If the application for site plan approval will require a new or amended special use permit, the application for site plan approval shall be accompanied by an application for a special use permit. Section 3-Amendment of a current section of the Mamaroneck Code: Section 177-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-10 Contents of application;filing. A. Within six months of the later of the pre-submission conference or the grant of all required variances, the applicant shall file with the Building Department an application for site plan approval, which shall include signed and sealed full-size (36" x 24"or at a different scale if necessary to be legible) and reduced-size (11" x 17") copies of a detailed development plan prepared by a New York State licensed architect or a New York State licensed professional engineer under his/her professional seal and a copy of a certified survey prepared by a New York State licensed surveyor under his/her professional seal on which is superimposed the site, as it exists at the time of the application. Unless the Building Department requests a different number, there shall be at least three (3) full-size copies, nine (9) reduced-size copies of the aforementioned items and one copy in a digital format acceptable to the Engineer. The size, type and quantity of all additional submissions shall be the same as the original submission. The detailed development plan shall contain the information specified below: (1) A map showing the applicant's entire property and adjacent properties, including all improvements thereon, and streets, within a radius of five hundred (500) feet from the perimeter of the site, at a scale of not more than fifty (50) feet to the inch and all easements, licenses, leases, covenants and other restrictions, if any, other than zoning,that affect the proposed use of the land. (2) The present and the proposed use, location, height and design of all existing and proposed buildings and structures whether or not designated for demolition or removal, including front,rear and side elevations. (3) Any proposed division of buildings and structures. 2 Page 234 of 332 (4) Any proposed division of any building into units of separate occupancy. (5) The proposed spatial arrangement of land uses. (6) Existing topography and proposed grade elevations at intervals of two (2) feet or less, unless the Engineer determines that such information is unnecessary for site plan review. (7) The location of all existing watercourses, waterbodies, intermittent streams wetland areas, designated floodplains, rock outcroppings, wooded areas and other significant existing features. (8) The configuration of all existing and proposed public and private roads, drives and walkways. (9) Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas. (10) The location of all proposed parking and truck-loading/unloading areas, with access and egress drives thereto. (11) The directional flow of traffic and the location of all proposed traffic safety devices, including but not limited to signage, pavement markings, signals and equipment. (12) The location of any proposed outdoor storage. (13) The location and description of all existing and proposed site improvements, including, but not limited to, drainage pipes, drains, culverts, ditches, bridges and/or other drainage works, retaining walls, medians, dividers and fences. Drainage information shall be provided by a New York State licensed professional engineer,furnished under his/her seal. (14) The location of all proposed and existing easements. (15) The location of any special and/or zoning district lines. (16) A description of the method of water supply and sewage and garbage disposal and recycling facilities and the proposed location of such facilities and their proposed connection to existing public facilities. (17) The location,height and size of all proposed signs. 3 Page 235 of 332 (18) A landscaping plan showing the location, height, description, quality and design of all existing and proposed landscaping and buffer areas, including, but not limited to, the plantings proposed to be removed, moved or added and an explanation of how the plantings that remain and the plantings proposed to be added will be protected and maintained. (19) The location, height and design of all proposed lighting, power and communication facilities. (20) The layout of all above and below-ground utilities serving the site that are not mentioned herein. (21) Letters or permits in the applicant's possession at the time the application is filed from all other agencies having jurisdiction with their comments, if any, on the site development plan (22) The location of fire and other emergency zones, including, but not limited to the location of fire hydrants, access drives, gates and appurtenances. (23) The location, height, design and direction of all exterior and rooftop structures and facilities, including, but not limited, the placement of noise baffles and appropriate screening and a statement that all are in accordance with the provisions of Chapter 240 of the Code of the Town of Mamaroneck and such other provisions of law as may be applicable. (24) The proposed location and design of all accessible parking and accessible routes required pursuant to the New York State Uniform Fire Prevention and Building Code or any Code that replaces it. (25) Any other pertinent information as the Building Inspector, Director of Building Code Enforcement and Land Use Administration, the Town Engineer, the Deputy Town Engineer or the Planning Board may be appropriate to determine and provide for the proper enforcement of this chapter. B. The applicant shall submit proof that he/she/it has the right to use the site. Such proof can be in the form of a deed, a lease, an easement, a license or some other form of permission acceptable to the counsel for the Planning Board. A copy the deed showing the site's present owner shall be submitted. If the applicant is not the sole owner of the property, the application shall include a notarized letter from the other owners consenting to the application for site plan approval unless such approval is provided on the submitted application form. 4 Page 236 of 332 C. If the site plan indicates a development in stages, a supplementary plan shall be submitted contemporaneously with the proposed site plan, showing the total contemplated development and the proposed phasing. D. Subsequent applications to alter or amend an approved site plan, which are not exempt from site plan review pursuant to § 177-7C of the Code of the Town of Mamaroneck, need only contain documents and information which directly relate to the proposed alteration or amendment. However, the alteration will be considered in the context of the entire previously approved site plan. The size,type and quantity of all additional submissions shall be the same as required by § 177- 10A of the Code of the Town of Mamaroneck. E. Nothing hereinabove shall preclude the Planning Board from requesting that additional documents be filed (i) in order for the application to be deemed complete or (ii) in connection with the Planning Board's review of the application. Section 4-Amendment of a current section of the Mamaroneck Code: Section 177-12 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-12 Public hearing and action by Planning Board. A. Public hearing (1) Unless a public hearing has been waived pursuant to § 177-12A(3), below, a public hearing on a site plan application shall be scheduled and conducted by the Planning Board, within 62 days after the Engineer certifies that a properly completed application has been received within the meaning of Town Law § 274-a (8). Notwithstanding such certification, the Planning Board may determine that an application is incomplete and if it does, it shall identify the required items that are missing therefrom. Such application shall not be considered received within the meaning of Town Law § 274-a (8) until the Engineer certifies that the applicant has supplied the missing items. A public hearing on a site plan application previously determined not to have been received within the meaning of Town Law § 274-a (8) shall be scheduled and conducted by the Planning Board within 62 days after the Engineer's certification that the applicant has supplied the missing items. (2) Notwithstanding the provisions of paragraph A. (1), the public hearing shall be opened only (i) if the Building Inspector or the Director of Building Code Enforcement and Land Use Administration has certified that the proposed site plan meets all 5 Page 237 of 332 requirements of Chapter 240 of the Code of the Town of Mamaroneck and/or all requirements of any variances granted by the Board of Appeals, and (ii) if the Secretary to the Planning Board has certified that the applicant has complied with the notification procedures of Chapter 144 of the Code of the Town of Mamaroneck for site plan applications where compliance therewith is mandated. (3) In its discretion, the Planning Board may waive the requirement for a public hearing if it makes written findings setting forth why such waiver is not inconsistent with the purpose of this chapter. B. Action by Planning Board. (1) Within 62 days after the date on which the public hearing is closed, or within 62 days after the meeting at which the Planning Board determines to the waive the requirement for a public hearing, the Planning Board shall either approve, disapprove or approve with conditions the site plan application and shall specify the conditions of site plan approval,if any. (2) A resolution disapproving a site plan application shall include written findings for the disapproval. (3) Applications for alterations or amendments to an approved site plan shall be acted upon in the same manner as the application for the approval of the original site plan. The fact that a hearing was held or waived for the original application shall not predetermine how an application for an amended site plan is to be processed. Section 5—Amendment of a current section of the Mamaroneck Code: Section 177-14 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-14 Filing of approved site plan;expiration of approval. A. Five signed and sealed copies of the approved site plan shall be revised by or on behalf of the applicant to include all conditions imposed by the Planning Board. When such conditions are properly incorporated into the revised site plan, it shall be signed and dated by the Engineer. The Secretary to the Planning Board shall transmit signed copies of the approved site plan, as so revised, to the applicant, the Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration and the Environmental Planner. 6 Page 238 of 332 B. The approval of a site plan or an amendment to a site plan shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within twenty-four (24) months from the date of such approval. If the Engineer determines that there is no substantial change in the approved site plan and in the condition of the site and/or its environs prior to the date such approval will expire, the Planning Board may extend its approval for a period of up to one (1) year. If an approval is extended, such approval shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within the period of the extension period. Section 6-Amendment of a current section of the Mamaroneck Code: Section 177-18 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 177-18 Penalties for offenses. A. A person who violates any provision of this chapter shall be guilty of an offense within the meaning of NY Penal Law § 10.00 (1). Upon conviction for violating any of sections of this chapter, the convicted person and/or entity shall be punished by a fine of not less than two- hundred fifty and no/100ths ($250.00) dollars and not more than one thousand and no/100ths ($1,000.00) dollars per violation per day, except that a person and/or entity convicted of placing any structure which requires site plan approval or an amendment to a site plan approval without first obtaining such approval shall be punished by a fine of not less than one thousand and no/100ths ($1,000.00) dollars and not more than two thousand five hundred and no/100ths ($2,500.00) dollars per day. B. Nothing in this section shall limit the Town from seeking other or additional remedies, including but not limited to injunctive relief and/or the issuance of stop work orders, if a person (i) places any structure which requires site plan approval or approval of an amendment to a site plan approval without first obtaining such approval or (ii) fails to comply with an approved site plan or an approved amendment thereof or (iii) fails to comply with any of the terms or conditions of the Planning Board resolution that approved such site plan or amendment thereof. Section 7-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. 7 Page 239 of 332 Section 8—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 2024-04-19-LL-rev per PB most changes accepted 8 Page 240 of 332 Select Language i Town of Mamaroneck, NY Friday,April 26, 2024 Chapter 177. Site Plan Review [HISTORY:Adopted by the Town Board of the Town of Mamaroneck 8-8-1984 by L.L. No. 3-1984 (Ch. 66A of the 1975 Code).Amendments noted where applicable.] GENERAL REFERENCES Electrical standards —See Ch. 90. Environmental quality review— See Ch. 92. Fire limits—See Ch. 103. Fire prevention and building construction —See Ch. 106. Flood damage prevention —See Ch. 110. Wetlands and watercourses — See Ch. 114. Plumbing —See Ch. 158. Sewers —See Ch. 173. Signs —See Ch. 175. Subdivision of land —See Ch. 190. Swimming pools—See Ch. 192. Trees —See Ch. 207. Waterfront revitalization —See Ch. 234. Zoning —See Ch. 240. § 177-1 . Title. This chapter shall be known as the "Site Plan Approval Law of the Town of Mamaroneck." § 177-2. Purpose. In order to ensure that proposed development and use of land within the unincorporated area of the Town of Mamaroneck will have a harmonious relationship with the existing or permitted use of contiguous land and of adjacent neighborhoods and so to ensure that the health, safety, welfare, comfort and convenience of the public is fully considered, this chapter is hereby enacted. § 177-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: SITE PLAN A plan which shows the proposed development and use of land within the unincorporated portion of the Town of Mamaroneck. Such plan shall consist of a map affirmatively demonstrating compliance with and adequate provision for all of the criteria, matters and items listed in this chapter. § 177-4. Approving agency designated. The approving agencies for site plans and all amendments to and modifications thereof shall be as follows: Pursuant to § 274-a of the Town Law, the Town Board hereby delegates to the Planning Board Page 241 of 332 the approval authority for all site plan applications. § 177-5. Standards. In acting on any site plan application, the Planning Board, in addition to all other applicable laws, is hereby granted the powers set forth in § 274-a, Subdivision la, of the Town Law of the State of New York and shall consider the standards set forth therein in granting site plan approval. The approving agency shall also take into consideration the following standards: A. Traffic access and roads. All proposed traffic access points and roads shall be adequate but not excessive in number, adequate in width, paving, grade, alignment and visibility and not located too near street corners or other places of public assembly. Necessary traffic signalization, signs, dividers and other safety controls, devices and facilities shall be given proper consideration and duly provided wherever appropriate or warranted. B. Pedestrian safety and access. Safe, adequate and convenient pedestrian access and circulation shall be provided both within the site and to adjacent streets, with particular attention to all intersections with vehicular traffic. C. Circulation and parking. Off-street parking and loading spaces shall be arranged with consideration given to their location, sufficiency and appearance and to prevent parking in public streets of vehicles of persons connected with or visiting the use. The interior circulation system shall be adequate to provide safe accessibility to, from and within all required off-street parking areas. D. Screening and landscaping. All structures, recreational, parking, loading, public and other service areas shall be reasonably landscaped and/or screened so as to provide adequate visual and noise buffers in all seasons from neighboring lands and streets. The scale and quality of the landscaping and screening on site shall be harmonious with the character of and serve to enhance the neighborhood. E. Environmental quality.All bodies of water, wetlands, steep slopes, hilltops, ridge lines, major stands of trees, outstanding natural topography, significant geological features and other areas of scenic, ecological and historic value shall be preserved insofar as possible; soil erosion shall be prevented insofar as possible; flood hazard shall be minimized; air quality shall be well within legal limits; and all potentially ecological disruptive elements of site preparation, such as blasting, diversion of watercourses and the like, shall be conducted according to the highest standards of professional care. F. Fire protection. All proposed structures, service areas, fire lanes, hydrants, equipment and material shall be adequate and readily accessible for the protection of the proposed uses from fire. G. Drainage. [Amended 6-30-1986 by L.L. No. 6-1986] (1) A storm drainage system which demonstrates affirmative compliance with the form, scope and substance of all applicable design criteria shall be provided to accommodate expected loads from the tributary watershed when developed to the maximum density permitted under the existing zoning standards. Drainage shall be conducted to a point of adequate and suitable disposal. (2) On sites of 10,000 square feet or more and in other instances determined by the Planning Board to be appropriate after consultation with the Town Engineer, development shall be so designed and executed as to limit overflow from the site to zero increase in the rate of runoff and to create zero decrease in the rate of upstream runoff into the site, as related to existing conditions, except that the Planning Board, after consultation with the Town Engineer, may substitute a different requirement for a particular site if it determines that the substituted requirement will be more effective in controlling flooding and erosion at the site and at other locations. Page 242 of 332 (3) On parcels of five acres or more, the Planning Board may require that development be so designed and executed as to reduce the rate of runoff by a stipulated percentage, not to exceed 20%, as compared with existing conditions, through drainage systems, water retention and/or the maintenance of open spaces, both those required under ordinary circumstances and such additional open spaces as may be required for this purpose, but without reducing the rate of runoff into the site from upstream. Such a requirement shall not be applied unless the Planning Board determines that it is an appropriate and important means of preventing an increase in erosion and flooding at the site and/or at other locations. In making such determination, the Planning Board shall consult with the Town Engineer and with the Westchester County Soil and Water Conservation District, who shall respond within the time limits set by this chapter. Failure to respond within such time limits shall be deemed approval by such agencies. H. Refuse and sewage disposal. The public and/or private disposal systems shall be sufficient to safely and adequately handle the type and volume of refuse and sewage which can reasonably be anticipated to be generated by the land uses on site. I. Water supply. The public and/or private delivery systems for bringing potable water to each of the uses on site shall be shown to be sufficient. J. Location and dimension of buildings. The location, arrangement, size and design of the buildings, lighting and signs shall be comparable to each other and with the site as a whole. At a minimum, a distance equal to the average height of the principal buildings on the site at the point where said buildings are most closely proximate to each other shall be provided between all buildings on the site unless, in the opinion of the approving agency, compelling considerations of topography or design dictate otherwise. K. Impact of the proposed use on adjacent land uses. Adjacent and neighboring properties shall be protected against noise, glare, unsightliness or other objectionable features. Where a proposed use is a nonresidential use which would adjoin residential areas, special consideration shall be given by the approving agency to minimizing the impact of the proposed use on the residential properties. L. Design requirements and guidelines. [Added 5-18-2004 by L.L. No. 8-2004] (1) For properties located in the B-Business District, the approving agency shall apply the design requirements and guidelines contained in § 240-45H of the Code. (2) For properties located in the SB - Service Business District, the approving agency shall apply the design requirements and guidelines contained in § 240-46H of the Code. (3) For properties located in the B - MUB - Business-Mixed Use Business District, the approving agency shall apply design requirements and guidelines contained in § 240-47H of the Code. (4) For properties located in the UR - Urban Renewal District, the approving agency shall apply the design requirements and guidelines contained in § 240-48.1D of the Code. (5) If there is a conflict between any of the provisions of § 177-5A through and including K of the Code and any of the provisions of the applicable design requirements and guidelines, the provisions of §§ 240-45H, 240-46H, 240-47E or 240-48.1D of the Code, as the case may be, shall be applied. § 177-6. Approval required for issuance of permits. A. No building permit shall be issued until site plan approval shall have been obtained from the approving agency. B. No certificate of occupancy for any structure or use upon or within the site shall be issued until all of the required conditions of the site plan approval have been met. The continued validity of any Page 243 of 332 certificate of occupancy shall be subject to continued conformance with the approved site plan and conditions attached thereto. C. Any amendment of a site plan shall be subject to the same approval procedure as provided in this chapter except where a waiver pursuant to §§ 177-12 or 177-17 herein has been granted. § 177-7. Exceptions. The provisions of this chapter shall not apply in any of the following instances: A. A single one-family dwelling which is not part of a staged development. B. A single two-family dwelling which is not part of a staged development. C. All alterations to existing buildings or structures, whether or not there shall be a change of use which is permitted within the zoning district, provided that the Building Inspector or the Director of Building Code Enforcement and Land Use Administration and the Town Engineer make a written finding that the alteration will not substantially intensify the use or substantially modify the site with respect to generation of traffic, pedestrian movement, parking needs, noise, glare, exposure to hazard from fire or flood, utilization of water supply, sanitary sewer, drainage or other utility system and will not, in any other way, have a substantial impact upon the character or environment of the surrounding area, and provided further that, if such written finding is not made, the application shall be referred to the approving agency for site plan review. [Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016] § 177-8. Application procedure. The application procedure for site plan approval shall involve a three-stage process: a presubmission conference, site plan application and public hearing by the Planning Board. The Planning Board may adopt such rules and regulations as may be required to implement the application procedure. § 177-9. Presubmission conference. A. Prior to the submission of a site plan application, the applicant shall meet in person with the Planning Board and with the Building Inspector or the Director of Building Code Enforcement and Land Use Administration. The purpose of such conference shall be to discuss proposed uses or development in order that the necessary subsequent steps may be undertaken with a clear understanding of the approving agency's requirements in matters relating to site development. [Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016] B. Because all applications for site plan approval must comply with this chapter, any application requiring a variance or special permit must show that such variance or special permit has been granted, or, where permitted, that such special permit application is being simultaneously submitted to the approving agency, by the appropriate agency prior to the filing of the site plan application with the Secretary to the Planning Board. § 177-10. Contents of application; filing. A. Within six months of the presubmission conference, 16 copies of the application for site plan approval shall be filed with the Secretary to the Planning Board, accompanied by a detailed development plan prepared by a licensed architect or professional engineer under his professional seal, provided on a certified survey of the site, which shall be prepared by a licensed surveyor, which plan shall contain the information specified below: Page 244 of 332 (1) A map showing the applicant's entire property and adjacent properties, including all improvements thereon, and streets, within a radius of 500 feet from the perimeter of the site, at a scale of not more than 50 feet to the inch, and any relevant deed restrictions or covenants pursuant to the deed, lease, mortgage or any other document, where such restrictions or covenants affect the use of the land, shall also be noted. A deed of ownership shall be submitted. If the applicant for site plan approval is not the present owner of the property, then a letter shall be submitted by the owner of the property consenting to the application for site plan approval. (2) The proposed use, location, height and design of all existing and proposed buildings and structures not designated for demolition or removal, including front elevations. (3) Any proposed division of buildings and structures. (4) Any proposed division of any building into units of separate occupancy. (5) The proposed spatial arrangement of land uses. (6) Existing topography and proposed grade elevations at intervals of two feet or less. (7) The location of all existing watercourses, intermittent streams, wetland areas, rock outcrops, wooded areas and other significant existing features. (8) The general configuration of all existing and proposed public and private roads, drives and walkways. (9) Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas. (10)The location of all parking and truck-loading areas, with access and egress drives thereto. (11) The location of traffic safety devices and directional flow of traffic. (12)The location of any outdoor storage. (13)The location and description of all existing and proposed site improvements, including but not limited to drainage pipes, drains, culverts, ditches, bridges or other drainage works, retaining wails and medians, dividers and fences. Drainage information shall be provided by a licensed professional engineer, furnished under his seal. (14)The location of all proposed and existing easements. (15)The location of any special and/or zoning district lines. (16)A description of the method of water supply and sewage and garbage disposal and the location of such facilities. (17)The location, height and size of all signs. (18)The location, height, quality and design of all landscaping and buffer areas. (19)The location, height and design of lighting, power and communication facilities. (20) Letters or permits from other agencies having jurisdiction as to their comments on the site development plan, as well as a certification from the Building Inspector or the Director of Building Code Enforcement and Land Use Administration of the Town of Mamaroneck that the proposed site plan or amendment meets all requirements of Chapter 240, Zoning, of the Code of the Town of Mamaroneck, or, if it fails to meet all such requirements, those variances which would be necessary in order for the applicant to obtain a building permit. [Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016] (21)The location of fire and other emergency zones, including the location of fire hydrants. Page 245 of 332 (22)The location, height, design and direction of all exterior and rooftop structures and facilities, including the placement of noise baffles and appropriate screening, provided that all are in accordance with the provisions of Chapter 240, Zoning, § 240-56, of the Code of the Town of Mamaroneck and such other provisions of law as may be applicable. (23)The proposed location and design of all parking and access facilities as are required for the handicapped pursuant to the New York State Uniform Fire Prevention and Building Code. (24)A list of all property owners within a three-hundred-foot radius of the perimeter of the property which is the subject of the application, along with their mailing addresses as are recorded in the Assessor's office of the Town of Mamaroneck, with a certification by the person preparing said list that he or she has compared the list to the records maintained in the Assessor's office of the Town of Mamaroneck and that they are accurate and contain the names and addresses of all property owners within 300 feet of the perimeter of the subject property. (25)Any other pertinent information as may be necessary to determine and provide for the proper enforcement of this chapter as determined by the approving agency. B. If the site plan indicates a development in stages, a supplementary plan shall be submitted simultaneously with the proposed site plan, indicating the total contemplated development. C. A site plan, following approval by the approving agency, shall be valid for a period of 24 months from the date of such approval. If there is no substantial change in the condition of the site and/or its environs, site plan approval may be extended by the approving agency for one additional period of one year. D. After approval of a complete site plan, subsequent applications for alterations which are referred to the approving agency by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration and/or Town Engineer, in accordance with § 177-7C herein, need only contain documents and information which directly relate to the alteration under consideration. However, the alteration will be considered in relation to the entire site plan previously approved. [Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016] § 177-11 . Referral of applications. [Amended 7-17-1996 by L.L. No. 14-1996; 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1- 2016] The Planning Board shall forward one copy of the site plan application to the Town Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, the Fire Department, the County Planning Department, the Traffic Committee and the State Department of Transportation, if the site plan shows frontage along a state highway, and other local, state, county, regional and federal agencies having jurisdiction, as well as to any technical consultants that the Planning Board, in its discretion, deems necessary or appropriate for a thorough review of the application. § 177-12. Public hearing and action by Planning Board. A. Public hearing. (1) A public hearing on a site plan application shall be scheduled and conducted by the Planning Board, unless such hearing has been waived pursuant to § 177-12A(2), within 62 days after certification to the Planning Board, by the Secretary to the Planning Board, of receipt of a properly completed application. [Amended 7-17-1996 by L.L. No. 14-1996; 2-16-2005 by L.L. No. 2-20051hh] [1] Editor's Note:L.L. No. 3-2005, adopted 3-16-2005, provided that this local law shall become effective 4-30-2005 if it was filed with the Secretary of State prior to that date. Page 246 of 332 (2) The Planning Board may, in its discretion, waive the hearing requirement after having made written findings setting forth why such waiver is not inconsistent with the purpose of this chapter. (3) If the Planning Board fails to waive or to conduct a hearing within 62 days after certification, the application shall be deemed to be approved. [Amended 7-17-1996 by L.L. No. 14-1996] B. Action by Planning Board. (1) Within 62 days of the date of the public hearing held after the receipt of a properly completed application or, where the hearing is waived, within 62 days after the Planning Board meeting at which the waiver was granted, the Planning Board shall act to either approve, disapprove or approve with conditions the site plan application and shall specify what conditions, if any, are necessary. [Amended 7-17-1996 by L.L. No. 14-1996] (2) Planning Board disapproval shall include written findings. (3) Approval of amendments to an approved site plan shall be acted upon in the same manner as an application for the approval of an original site plan. The fact that a hearing was held or that it was waived upon the original application does not predetermine how an amended site plan application is to be processed. Each application should be judged on its own merits and by its potential impacts. C. The person applying for the approval of a site plan must comply with the notification procedures contained in Chapter 144. [Added 2-16-2005 by L.L. No. 2-2005E21] [2] Editor's Note:L.L. No. 3-2005, adopted 3-16-2005, provided that this local law shall become effective 4-30-2005 if it was filed with the Secretary of State prior to that date. § 177-13. Integration of other procedures. Whenever the circumstances of the proposed development require compliance with this Chapter 177 and with any other local law, ordinance or requirement of the Town, the approving agency shall, in all cases where it is practicable, attempt to integrate, as appropriate, the site plan review as required by this chapter with the procedural submission requirements of such other local laws, ordinances and requirements; provided, however, that such attempt to integrate such procedures shall not in any way interfere with any of the requirements of this chapter or any other applicable local law, ordinance or requirement. § 177-14. Filing of approved site plan. [Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016] The approved site plan shall be revised by the applicant to include all conditions imposed by the approving agency. It may then be signed and dated by the Secretary to the Planning Board. The approving agency shall submit a signed copy of the approved site plan, revised as set forth above, to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration. § 177-15. Fees. [Amended 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No. 8-2011] Every application for site plan approval shall be accompanied by the fee set forth in § A250-1. Should an agency of the Town having jurisdiction over an application deem it necessary to hire consultants for Page 247 of 332 technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the Town for such services. § 177-16. Performance guaranty. The approving agency may require that public improvements and landscaping be secured by a performance guaranty in the same manner prescribed for such improvements in Chapter 190, Subdivision of Land, of the Code of the Town of Mamaroneck and/or through the use of letters of credit approved as to form by the Counsel to the Town and as to substance by the approving agency. § 177-17. Waiver of requirements. Upon a finding by the approving agency that, due to the particular character or limited nature of a development or change in use or to special conditions peculiar to a site, the submission of a preliminary and/or final site plan or of certain portions of the information normally required as part of the site development plan is inappropriate or unnecessary or that strict compliance with said requirements will cause extraordinary and unnecessary hardship, the approving agency may vary or waive such submission or requirements wherever, in the opinion of the approving agency, such variance and waiver will be consistent with the goal of promoting the public health, safety, comfort, convenience and general welfare of the community. The findings for granting such waiver shall become a part of the public record. 177-18. enalties for offenses. Any violation of this chapter shall constitute a violation and be punishable by a fine of up to $250 for each such violation, except that the placing of any structure on a property which requires site plan approval or amendment to a site plan approval without first obtaining said site plan approval shall be a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed six months. Page 248 of 332 7. . 7 ul 1 rri Town of Mamaroneck in # x Town Center FOUNDED 1661 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: Q2 2024 Capital Budget Amendments Date: May 8, 2024 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding the 2024 Capital Budget Amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 249 of 332 v u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Q2 2024 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2024 budget amendments are recommended for approval. Fund balance will be utilized for four projects totaling $1,123,188. These projects were included in the 2024 Adopted Capital Budget to be funded through the issuance of a bond. 1-Vehicle-Town Administrator (H1272) Funding of$40,000 was included in the 2023 Adopted Capital Budget for the Town Administrator's vehicle replacement. Additional funding of$7,088 is needed for the purchase. The vehicle used by the Town Administrator for Town purposes is rotated into the police department fleet. A budget amendment is recommended below. 2-East Valley Stream Bridge (H5087/5092) The Town received FEMA funding for the majority of the cost associated with replacing the bridge due to the damage caused by Storm Ida. A budget amendment is recommended to combine the original project with the FEMA project,return funding to the debt service fund and to establish budget lines for FEMA funding. 3. Vehicle-Fleet(H5392) This purchase is complete and FEMA funded the replacement of the damaged vehicle. A budget amendment to return remaining funds to the Highway Fund is recommended. 4. Rye Lake U.V. Facility (H1352) This project has been completed with bonds,transfers from the Water District Fund and an EFC grant. A budget amendment to return the remaining funds to the Water District is recommended. 5. Highway Drainage (H5136) A project to replace the drainage system in the Highway yard shared by the Larchmont Joint Page 250 of 332 Garbage Commission requires additional funding of$18,585 to complete the project. The bid came in higher than the estimate. A budget amendment is recommended to transfer additional funding from the Highway Fund and budget for the Garbage Commission's share due. 6. Traffic Signal-Richbell/Palmer (H3361) The 2024 Adopted Capital Budget included a project to replace the traffic signal at Richbell/Palmer to be funded with bond proceeds. The Part Town fund has a healthy fund balance to fund this project without issuing a bond, saving interest of approximately $250,000 over 15 years. A budget amendment is recommended to reflect the change in revenue. 7. Highway Brush Chipper (H5106) The capital budget includes the purchase of a brush chipper through the issuance of a bond. The Highway fund has a healthy fund balance to fund this project without issuing a bond, saving interest of over$47,000 over 15 years. A budget amendment is recommended to reflect the change in revenue. 8. Rye Lake Filtration Plant(H1364) The Town has received an updated estimate to construct the Rye Lake Filtration Plant of $175m with a grant award of$30m. Funding of$145m will be needed to complete the project. The Town's share is 16.7% or$24,215,000. A budget amendment is recommended to increase the cost and the additional bond revenue. 9. Town Center Generator (H1603) The capital budget included the replacement of the Town Center generator through the issuance of a bond. The General Fund has a healthy fund balance to fund this project without issuing a bond, saving interest of approximately $87,000 over 15 years. A budget amendment is recommended to reflect the change in revenue. 10.Baldwin Ave Pump Station Design (H8123) The design for the replacement of the Baldwin pump station was included in the capital budget funded by a bond. The Sewer District has enough fund balance to fund this project without issuing a bond, saving interest of over $15,000 over 15 years. A budget amendment is recommended to reflect the change in revenue. Attachment/s: 2024 CAPITAL BUDGET AMENDMENTS - May 8, 2024 Page 251 of 332 2024 CAPITAL BUDGET AMENDMENTS CAPITAL FUND (FUND H): Amount 1 Revenue H1272-5031 Transfer from A Increase 7,088.20 Expense H1272-0400 Vehicle- Town Administrator Increase 7,088.20 2 Expense H5087- 0400 E. Valley Stream Bridge Decrease (503,328.10) Revenue H5087- 5710 Bond proceeds Decrease (180,000.00) Revenue H5087- 5995 Appropriated Fund Balance Decrease (323,328.10) Expense H5092- 0400 E. Valley Stream Bridge Increase 503,328.10 Revenue H5092- 5995 Appropriated Fund Balance Increase 180,000.00 Revenue H5092- 5710 Bond proceeds Increase 323,328.10 Revenue H5092- 3995 FEMA-NYS Increase 92,583.51 Revenue H5092- 4988 FEMA-Fed Increase 833,251.55 Expense H5092- 9901 Transfer to A Increase 100,000.00 Expense H5092- 9980 Transfer to V Increase 345,835.06 3 Expense H5392-9940 Transfer to DB Increase 33,329.76 Revenue H5392-5995 Appropriated Fund Balance Decrease (33,329.76) 4 Revenue H1352-3990 State Grant-EFC Increase 153,600.00 Expense H1352-0400 Rye Lake UV Facility Decrease (72,425.50) Expense H1352-9904 Transfer to SW Increase 226,025.50 5 Expense H5136-0400 Highway Drainage Increase 18,585.30 Revenue H5136-2797 Due from Garbage Commission Increase 7,900.00 Revenue H5136-5033 Transfer from DB Increase 10,685.30 9 Revenue H1603-5031 Transfer from A Increase 525,187.58 Revenue H1603-5710 Bond proceeds Decrease (525,187.58) 6 Revenue H3361-5032 Transfer from B Increase 413,000.00 Revenue H3361-5710 Bond proceeds Decrease (413,000.00) 7 Revenue H3361-5033 Transfer from DB Increase 65,000.00 Revenue H3361-5710 Bond proceeds Decrease (65,000.00) 8 Expense H1364-0400 Rye Lake Filtration Plant Increase 1,081,599.00 Expense H1364-4022 Bond Costs Increase 47,201.00 Revenue H1364-5710 Bond Revenue Increase 1,128,800.00 10 Expense H8123-0400 SS Pump station Decrease (8,079.09) Revenue H8123-5710 Bonds Decrease (120,000.00) Revenue H8123-5036 Transfer from SS Increase 120,000.00 Expense H8123-9980 Transfer to V Increase 8,079.09 Page 252 of 332 2024 CAPITAL BUDGET AMENDMENTS GENERAL FUND (FUND A): 1 Expense A9900-9950 Transfer to Capital (H1272) Increase 7,088.20 Revenue A9999-5995 Appropriated Fund Balance Increase 7,088.20 2 Revenue A9900-5040 Transfer from H (H5092) Increase 100,000.00 Revenue A9999-5995 Appropriated Fund Balance Decrease (100,000.00) 9 Expense A9900-9950 Tx for Town Center Generator(H1603) Increase 525,187.58 Revenue A9999-5995 Appropriated Fund Balance Decrease (525,187.58) PART TOWN FUND (FUND B) 6 Expense B9900-9950 Tx for Traffic Signal (H3361) Increase 413,000.00 Revenue B9999-5995 Appropriated Fund Balance Decrease (413,000.00) HIGHWAY FUND (FUND DB): 3 Revenue DB9999-5041 Transfer from Capital (H5392) Increase 33,329.76 Revenue DB9999-5995 Appropriated Fund Balance Decrease (33,329.76) 5 Expense DB9900-9950 Transfer to Capital (H5136) Increase 10,685.30 Revenue DB9999-5995 Appropriated Fund Balance Increase 10,685.30 7 Expense DB9900-9950 Transfer to Capital (H5106) Increase 65,000.00 Revenue DB9999-5995 Appropriated Fund Balance Increase 65,000.00 WATER FUND (FUND SVV): 4 Revenue SW9900-5040 Transfer from Capital (H1352) Increase 226,025.50 Revenue SW9999-5995 Appropriated Fund Balance Decrease (226,025.50) DEBT SERVICE (FUND V) 2 Revenue V9900-5040 Transfer from H (H5092) Increase 345,835.06 Revenue V9999-5995 Appropriated Fund Balance Decrease (345,835.06) SEWER DISTRICT (FUND SS) 10 Expense SS9900-9950 Transfer to H (H1364) Increase 120,000.00 Revenue SS999-5995 Approriated Fund Balance Increase 120,000.00 Page 253 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: Tracy Yogman, Town Comptroller Re: NYSDOT BridgeNY Grant Documents PIN# 8763.18 — Rockland Avenue Bridge Superstructure Replacement Date: May 8, 2024 Attached is a memo from Town Engineer, Rob Wasp, regarding the documents for the NYSDOT BridgeNY grant award for the Rockland Avenue Bridge Superstructure Replacement. As per the Engineering Department's recommendation, we are requesting the review and approval of the Master Federal Aid Local Project Agreement (State-Local Agreement). The BridgeNY award provides $769,200 as reimbursement towards the Town's total project cost of$889,200. Action Requested: Resolved that the Town Board hereby adopts the attached BridgeNY resolution and authorizes the Town Administrator to execute the Master Federal Aid Local Project agreement (State-Local Agreement) and any related documents necessary to carry out its implementation. Page 254 of 332 u_r "v t; rn Town of Mamaroneck Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofm am aroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: NYSDOT BridgeNY Grant Documents PIN# 8763.18 —Rockland Avenue Bridge Superstructure Replacement General: Initiation paperwork for the recently announced NYSDOT BridgeNY grant award for the Rockland Avenue Bridge Superstructure Replacement has been provided for review and execution by the Town. The referenced grant was awarded through the 2023 BridgeNY program to provide for replacement of the deteriorated structural deck, surface elements and related repairs. The subject bridge crossing of the Sheldrake River is located on Rockland Avenue closest to the intersections with Brookside Place and Sheldrake Avenue. The BridgeNY award provides $769,200.00 as reimbursement towards the Town's total project cost. The provided initiation paperwork follows the same format and process that was completed for the BridgeNY funding awarded towards the Waverly Avenue Bridge Replacement in 2018. Enclosed with this agenda item are the "Master Federal Aid Local Project Agreement (State-Local Agreement) and a template resolution of approval for the Board's consideration. The resolution affirms the Town's financial commitment to the project and authorizes the Town Administrator to execute provided agreement. The grant provides for 95% reimbursement of Town project expenses up to the maximum contribution identified in the preceded paragraph. The Town is required to follow the stipulations per the Federal Highway Administration and NYSDOT Local Projects Manual through the design and contract procurement process. Funding for the project has been established as part of capital project H5050. The Engineering Department recommends the review and adoption of an acceptable resolution authorizing the agreement to be executed. Department staff are knowledgeable on the unique requirements of the BridgeNY grant that need to be followed through the design development process and intend to move forward with solicitation of qualified consultant proposals upon finalization of the agreement and notification to proceed. Please feel free to contact me with any questions. Page 255 of 332 Attachment/s: PIN 8763.10 Bridge NY Sample Resolution PIN 8763.18 Master Agreement Page 256 of 332 2024 NY Bridge Project funded with BFP Off-System) Locally Administered RESOLUTION NUMBER: Authorizing the implementation and funding of the costs of a transportation project, which may be eligible for federal-aid and/or state-aid, or reimbursement from Bridge NY funds. WHEREAS, a project for the Rockland Avenue over Sheldrake River Superstructure Replacement (BIN 2225130). Town of Mamaroneck, Westchester County PIN 8763.18 (the "Project") is eligible for funding under Title 23 U.S. Code, as amended, 23CFR as amended and PUB. L. 117-58 also known as the "Bipartisan Infrastructure Law" (BIL); and WHEREAS,the Town of Mamaroneck will design, let, and construct the Project: and WHEREAS, The Town of Mamaroneck desires to advance the Project by making a commitment of 100% of the costs of the preliminary and detailed design work for the Project or portions thereof. NOW, THEREFORE, the Town Board, duly convened does hereby RESOLVE, that the Town Board hereby approves the Project; and it is hereby further RESOLVED, that the Town Board hereby authorizes The Town of Mamaroneck to pay 100% of the cost of preliminary and detailed design work for the Project or portions thereof, with the understanding that qualified costs may be eligible for federal-aid, state-aid, or reimbursement from Bridge NY funds; and it is further RESOLVED, that the sum of $180,620.00 is hereby appropriated from H5050 and made available to cover the cost of participation in the above phases of the Project; and it is further RESOLVED, that the Town Board hereby agrees that the Town Administrator of the Town of Mamaroneck shall be responsible for all costs of the Project which exceed the amount of federal-aid, state-aid, or NY Bridge funding awarded to the Town of Mamaroneck and it is further RESOLVED, that in the event the Project costs not covered by federal aid, state aid, or NY Bridge funding exceed the amount appropriated above, the Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Supervisor of the Town of Mamaroneck thereof; and it is further RESOLVED, that Town of Mamaroneck hereby agrees that construction of the Project shall begin no later than twenty- four (24) months after award and the construction phase of the Project shall be completed within thirty (30) months; and it is further RESOLVED, that the Supervisor of the Town of Mamaroneck be and is hereby authorized to execute on behalf of the Town of Mamaroneck all necessary agreements, certifications or reimbursement requests for federal-aid and/or state-aid with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the Town of Mamaroneck's funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and it is further RESOLVED,that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED,this Resolution shall take effect immediately. STATE OF NEW YORK SS: COUNTY OF WESTCHESTER ) Page 257 of 332 I, , Clerk of The Town of Mamaroneck, New York, do hereby certify that I have compared the foregoing copy of this Resolution with the original on file in my office, and that the same is a true and correct transcript of said original Resolution and of the whole thereof, as duly adopted by said at a meeting duly called and held at the on by the required and necessary vote of the members to approve the Resolution. WITNESS My Hand and the Official Seal of The Town of Mamaroneck, New York, this day of , 2024. Clerk,The Town of Mamaroneck Page 258 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials Federal aid Local Project Agreement COMPTROLLER'S CONTRACT NO This Agreement is by and between: the New York State Department of Transportation ("NYSDOT"), having its principal office at 50 Wolf Road, Albany, NY 12232, on behalf of New York State ("State"). and the Town of Mamaroneck(the "Municipality/Sponsor") acting by and through the Town Administrator with its office at 740 W. Boston Post Road, Mamaroneck, NY 10543. This Agreement identifies the party responsible for administration and establishes the method or provision for funding of applicable phases of a Federal aid project for the improvement of a street or highway, not on the State highway system, as such project and phases are more fully described by Schedule A annexed to this Agreement or one or more Supplemental Schedule(s) A to this Agreement as duly executed and approved by the parties hereto. The phases that are potentially the subject of this Agreement, as further enumerated below, are: Preliminary Engineering ("PE") and Right-of-Way Incidental ("ROW Incidentals") work; Right-of-Way Acquisition; Construction; and/or Construction Supervision and Inspection. The Federal aid project shall be identified for the purposes of this Agreement as PIN 8763.18 Rockland Avenue over Sheldrake River Superstructure Replacement (BIN 2225130) - Town of Mamaroneck, Westchester County (as more specifically described in such Schedule A, the "Project"). WITNESS ETH: WHEREAS, the United States has provided for the apportionment of Federal aid funds to the State for the purpose of carrying out Federal aid highway projects pursuant to the appropriate sections of Title 23 U.S. Code as administered by the Federal Highway Administration ("FHWA"); and WHEREAS, the New York State Highway Law authorizes the Commissioner of Transportation (hereinafter referred to as "Commissioner") to use Federal aid available under the Federal aid highway acts and provides for the consent to and approval by the Municipality/Sponsor of any project under the Federal aid highway program which is not on the State highway system before such Project is commenced; and WHEREAS, pursuant to Highway Law §10 (34-a) and section 15 of Chapter 329 of the Laws of 1991 as amended by section 9 of Chapter 330 of the Laws of 1991, as further amended by Chapter 57 of the Laws of New York of 2014, and Chapter 794 of the laws of 2022, as further amended by Chapter 3 of the laws of 2023 (effective December 28, 2023), the State has established the "Marchiselli" Program, which provides certain State-aid for Federal aid highway projects not on the State highway system; and 1 Page 259 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials WHEREAS, funding of the "State share" of projects under the Marchiselli Program is administered through the New York State Office of the Comptroller ("State Comptroller"); and WHEREAS, Highway Law §80-b authorizes the funding of eligible costs of Federal aid Municipal/Sponsor streets and highway projects using State-aid and Federal aid; and WHEREAS, project eligibility for Marchiselli Program funds is determined by NYSDOT; and WHEREAS, pursuant to authorizations therefore, NYSDOT and the Municipality/Sponsor are desirous of progressing the Project under the Federal aid and, if applicable, Marchiselli-aid Programs; and WHEREAS, The Legislative Body of the Municipality/Sponsor by Resolution No. adopted at meeting held on approved the Project, the Municipality/Sponsor's entry into this Agreement, has appropriated necessary funds in connection with any applicable Municipal/Sponsor Deposit identified in applicable Schedules A and has further authorized the of the Municipality/Sponsor to execute this Agreement and the applicable Schedule A on behalf of the Municipality/Sponsor and a copy of such Resolution is attached to and made a part of this Agreement (where New York City is the Municipality/Sponsor, such resolution is not required). NOW, THEREFORE, the parties agree as follows: 1. Documents Forming this Agreement. The Agreement consists of the following: • Agreement Form - this document titled "Federal aid Local Project Agreement"; • Schedule "A" - Description of Project Phase, Funding and Deposit Requirements • Schedule "B" - Phases, Subphase/Tasks, and Allocation of Responsibility • Appendix "A" - New York State Required Contract Provisions • Appendix "A-1"- Supplemental Title VI Provisions (Civil Rights Act) • Appendix "B" - U.S. Government Required Clauses (Only required for agreements with federal funding) • Municipal/Sponsor Resolution(s) - duly adopted Municipal/Sponsor resolution authorizing the appropriate Municipal/Sponsor official to execute this Agreement on behalf of the Municipality/Sponsor and appropriating the funding required, therefore. (Where New York City is the Municipality/Sponsor, such resolution is not required). *Note — Resolutions for Bridge NY projects must also include an express commitment by the Municipality/Sponsor that construction shall commence no later than twenty-four(24) months after award, and the project must be completed within thirty(30) months of commencing construction. 2 Page 260 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials 2. General Description of Work and Responsibility for Administration and Performance. Subject to the allocations of responsibility for administration and performance thereof as shown in Schedule B (attached), the work of the Project may consist generally of the categories of work marked and described in Schedule B for the scope and phase in effect according to Schedule A or one or more Supplemental Schedule(s) A as may hereafter be executed and approved by the parties hereto as required for a State contract, and any additions or deletions made thereto by NYSDOT subsequent to the development of such Schedule(s) A for the purposes of conforming to New York State or to Federal Highway Administration requirements. The Municipality/Sponsor understands that funding is contingent upon the Municipality/Sponsor's compliance with the applicable requirements of the "Local Projects Manual (LPM)" (available through NYSDOT's web site at https://www.dot.ny.gov/plafap, and as such may be amended from time to time. 3. Municipal/Sponsor Deposit. Where the work is performed by consultant or construction contract entered into with NYSDOT, or by NYSDOT forces, and unless the total non-Federal share of the Project phase is under $5,000, the Municipality/Sponsor shall deposit with the State Comptroller, prior to the award of NYSDOT's contract or NYSDOT's performance of work by its own forces, the full amount of the non-Federal share of the Project costs due in accordance with Schedule A. 4. Payment or Reimbursement of Costs. For work performed by NYSDOT, NYSDOT will directly apply Federal aid and the required Municipality/Sponsor Deposit for the non-Federally aided portion, and, if applicable, shall request State Comptroller funding of Marchiselli aid to the Municipality/Sponsor as described below. For work performed by or through the Municipality/Sponsor, NYSDOT will reimburse the Municipality/Sponsor with Federal aid and, if applicable, Marchiselli aid as described below. NYSDOT will periodically make reimbursements upon request and certification by the Sponsor. The frequency of reimbursement requests must be in conformance with that stipulated in the NYSDOT Standard Specifications; Construction and Materials (section 109-06, Contract Payments). NYSDOT recommends that reimbursement requests not be submitted more frequently than monthly for a typical project. In all cases, reimbursement requests must be submitted at least once every six months. 4.1 Federal aid. NYSDOT will administer Federal funds for the benefit of the Municipality/Sponsor for the Federal share and will fund the applicable percentage designated in Schedule A of Federal aid participating costs incurred in connection with the work covered by this Agreement, subject to the limitations set forth on Schedule A. For work performed by or through the Municipality/Sponsor, NYSDOT will reimburse Federal aid-eligible expenditures in accordance with NYSDOT policy and procedures. 4.1.1 Participating Items. NYSDOT shall apply Federal funds only for that work and those items that are eligible for Federal participation under Title 23 of U.S. Code, as amended, that requires Federal aid eligible projects to be located on the Federal Aid Highway System ("FAHS"), except for bridge and safety projects which can be located off the FAHS. Included among the Federal participating items are the actual cost of employee personal services and leave and fringe benefit additives. Other participating costs include materials and supplies, equipment use charges, or other Federal Participating costs directly identifiable with the eligible project. 3 Page 261 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials 4.2 Marchiselli Aid (if applicable). NYSDOT will request State Comptroller reimbursement to the Municipality of the upset amount and designated percentage in Schedule A of the non- overmatched non-Federal share of Federal participating cost, (the "State share"), incurred in connection with the work covered by this Agreement, subject to the limitations set forth on Schedule A. Not all Federal aid-eligible participating costs are eligible for Marchiselli aid. Only "Eligible Project Costs" (as defined in Marchiselli Program instructions issued by NYSDOT) incurred after April 1, 1991, are reimbursable. 4.2.1 Marchiselli Eligible Project Costs. To be eligible for Marchiselli Aid, Project costs must: (a) be eligible for Federal participation as described under 4.1 above; (b) be for work which, when completed, has a certifiable service life of at least 10 years; (c) be for work that relates directly and exclusively to a municipally owned highway, bridge or highway-railroad crossing located off the State Highway System; and (d) be submitted for reimbursement in accordance with 4.2.2. 4.2.2 Marchiselli Reimbursement Requests. A Sponsor's reimbursement requests are restricted to eligible project costs. To be classified as an "eligible project cost", in addition to other requirements of this agreement, the original expenditure must have been paid within the past 15 months in order to comply with Federal Tax Law (26 CFR 1.150-2 (d)(2)(i)) which governs fund disbursements from the issuance of tax-exempt bonds. Hence, expenditures paid greater than 15 months prior to the reimbursement request are ineligible for reimbursement. 4.2.3 Marchiselli Extended Records Retention Requirements. 4.2.3.1 To ensure that NYSDOT meets certain requirements under the Title 49 of the Code of Federal Regulations, Part 26, and to ensure that NYSDOT may authorize the use of funds for this project, notwithstanding any other provision of this Contract to the contrary, the Sponsor must retain the following documents in connection with the Projects: a) Documents evidencing the specific assets financed with such proceeds, including but not limited to project costs, and documents evidencing the use and ownership of the property financed with proceeds of the bonds; and b) Documents, if any, evidencing the sale or other disposition of the financed property. 4.2.3.2 The Sponsor covenants to retain those records described above, which are used by the Sponsor in connection with the administration of this Program, for thirty-six (36) years after the date of NYSDOT's final payment of the eligible project cost(s). 4.2.3.3 Failure to maintain such records in a manner that ensures complete access thereto, for the period described above, shall constitute a 4 Page 262 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials material breach of the contract and may, at the discretion of NYSDOT, result in loss of funds allocated, or the Sponsor's repayment of funds distributed, to the Sponsor under this agreement. 4.3 In no event shall the State be obligated to fund or reimburse any costs exceeding: (a) the amount stated in Schedule A for the Federal Share; or (b) the amount stated in Schedule A as the State (Marchiselli) share. All items included by the Municipality/Sponsor in the record of costs shall be in conformity with accounting procedures acceptable to NYSDOT and the FHWA. Such items shall be subject to audit by the State, the federal government, or their representatives. 4.4 If Project-related work is performed by NYSDOT, NYSDOT will be paid for the full costs thereof. To affect such payment, the reimbursement to the Municipality/Sponsor provided for in sections 4.1 and 4.2 above may be reduced by NYSDOT by the amounts thereof in excess of the Municipality/Sponsor Deposit available for such payment to NYSDOT. 5. Supplemental Agreements and Supplemental Schedule(s) A. Supplemental Agreements or Supplemental Schedule(s) A may be entered into by the parties and must be executed and approved in the manner required for a State contract. A Supplemental Schedule A is defined as a Supplemental Agreement which revises only the Schedule A of a prior Agreement or Supplemental Agreement. In the event Project cost estimates increase over the amounts provided for in Schedule A, no additional reimbursement shall be due to the Municipality/Sponsor unless the parties enter into a Supplemental Agreement or Supplemental Schedule A for reimbursement of additional Eligible Project Costs. 6. State Recovery of Ineligible Reimbursements. NYSDOT shall be entitled to recover from the Municipality/Sponsor any monies paid to the Municipality/Sponsor pursuant to this Agreement which are subsequently determined to be ineligible for Federal aid or Marchiselli Aid hereunder. 7. Loss of Federal Participation. In the event the Municipality/Sponsor withdraws its approval of the project, suspends or delays work on the Project, or takes other action that results in the loss of Federal participation for the costs incurred pursuant to this Agreement, the Municipality/Sponsor shall refund to the State all reimbursements received from the State, and shall reimburse the State for 100% of all preliminary engineering and right-of-way incidental costs incurred by NYSDOT. The State may offset any other State or Federal aid due to the Municipality/Sponsor by such amount and apply such offset to satisfy such refund. 8. Municipal/Sponsor Liability. 8.1 If the Municipality/Sponsor performs work under this Agreement with its own forces, it shall be responsible for all damage to person or property arising from any act or negligence performed by or on behalf of the Municipality/Sponsor, its officers, agents, servants or employees, contractors, subcontractors, or others in connection therewith. The Municipality/Sponsor specifically agrees that its agents or employees shall possess the 5 Page 263 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials experience, knowledge, and character necessary to qualify them individually for the particular duties they perform. 8.2 The Municipality/Sponsor shall indemnify and save harmless the State for all damages and costs arising out of any claims, suits, actions, or proceedings resulting from the negligent performance of work by or on behalf of the Municipality/Sponsor its officers, agents, servants, employees, contractors, subcontractors, or others under this Agreement. Negligent performance of service, within the meaning of this section, shall include, in addition to negligence founded upon tort, negligence based upon the Municipality/Sponsor's failure to meet professional standards and resulting in obvious or patent errors in the progression of its work. Additionally, the Municipality/Sponsor shall defend the State in any action arising out of any claims, suits, actions, or proceedings resulting from the negligent performance of work by or on behalf of the Municipality/Sponsor, its officers, agents, servants, employees, contractors, subcontractors, or others under this Agreement. 8.3 The Municipality/Sponsor shall at all times during the Contract term remain responsible. The Municipality/Sponsor agrees, if requested by the Commissioner of Transportation or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. 8.4 The Commissioner of Transportation or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Municipality/Sponsor. In the event of such suspension, the Municipality/Sponsor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Municipality/Sponsor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of Transportation or his or her designee issues a written notice authorizing a resumption of performance under the Contract. 8.5 Upon written notice to the Municipality/Sponsor, and a reasonable opportunity to be heard with appropriate Department of Transportation officials or staff, the Contract may be terminated by the Commissioner of Transportation or his or her designee at the Municipality's/Sponsor's expense where the Municipality/Sponsor is determined by the Commissioner of Transportation or his or her designee to be non-responsible. In such event, the Commissioner of Transportation or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. 9. Maintenance. The Municipality/Sponsor shall be responsible for the maintenance of the project at the sole cost and expense of the Municipality/Sponsor. If the Municipality/Sponsor intends to have the project maintained by another, any necessary maintenance agreement will be executed and submitted to NYSDOT before construction of the Project is begun. Upon its completion, the Municipality/Sponsor will operate and maintain the Project at no expense to NYSDOT; and during the useful life of the Project, the Municipality/Sponsor shall not discontinue operation and maintenance of the Project, nor dispose of the Project, unless it receives prior written approval to do so from NYSDOT. 9.1 The Municipality/Sponsor may request such approved disposition from NYSDOT where the 6 Page 264 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials Municipality/Sponsor either causes the purchaser or transferee to assume the Municipality/Sponsor's continuing obligations under this Agreement or agrees immediately to reimburse NYSDOT for the pro-rata share of the funds received for the project, plus any direct costs incurred by NYSDOT, over the remaining useful life of the Project. 9.2 If a Municipality/Sponsor fails to obtain prior written approval from NYSDOT before discontinuing operation and maintenance of the Project or before disposing of the project, in addition to the costs provided, above in 9.1, Municipality/Sponsor shall be liable for liquidated damages for indirect costs incurred by NYSDOT in the amount of 5% of the total Federal and non-Federal funding provided through NYSDOT. 9.3 For NYSDOT-administered projects, NYSDOT is responsible for maintenance only during the NYSDOT administered construction phase. Upon completion of the construction phase, the Municipality/Sponsor's maintenance obligations start or resume. 10. Independent Contractor. The officers and employees of the Municipality/Sponsor, in accordance with the status of the Municipality/Sponsor as an independent contractor, covenant and agree that they will conduct themselves consistent with such status, that they will neither hold themselves out as, nor claim to be, an officer or employee of the State by reason hereof, and that they will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workers Compensation coverage, Unemployment Insurance benefits, Social Security, or Retirement membership or credit. 11. Contract Executory; Required Federal Authorization. It is understood by and between the parties hereto that this Agreement shall be deemed executory only to the extent of the monies available to the State and no liability on account thereof shall be incurred by the State beyond monies available for the purposes hereof. No phase of work for the project shall be commenced unless and until NYSDOT receives authorization from the Federal government. 12. Assignment or Other Disposition of Agreement. The Municipality/Sponsor agrees not to assign, transfer, convey, sublet. or otherwise dispose of this Agreement or any part thereof, or of its right, title or interest therein, or its power to execute such Agreement to any person, company, or corporation without previous consent in writing of the Commissioner. 13. Term of Agreement. The Project phase(s) and Term are identified in Schedules (A) executed herewith and incorporated herein or as subsequently identified in a duly executed and approved supplemental Schedule(s) A as of the date of such supplemental Schedule(s) A. This Agreement shall remain in effect so long as Federal aid and Marchiselli-aid funding authorizations are in effect and funds are made available pursuant to the laws controlling such authorizations and availabilities. However, if such authorizations or availabilities lapse and are not renewed, continued, or reenacted, as to funds encumbered or available and to the extent of such encumbrances or availabilities, this Agreement shall remain in effect for the duration of such encumbrances or availabilities. Although the liquidity of encumbrances or the availability of funds may be affected by budgetary hiatuses, a Federal or State budgetary hiatus will not by itself be construed to cause a lapse in this Agreement provided any necessary Federal or State appropriations or other funding authorizations therefore are eventually enacted. 7 Page 265 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials 13.1 Time is of the essence (Bridge NY Projects). The Municipality/Sponsor understands and agrees that construction of Bridge NY Projects shall commence no later than twenty-four (24) months after award, and the project must be completed within thirty (30) months of commencing construction. 14. NYSDOT Obligations. NYSDOT's responsibilities and obligations are as specifically set forth in this contract, and neither NYSDOT nor any of its officers or employees shall be responsible or liable, nor shall the Municipality/Sponsor assert, make or join in any claim or demand against NYSDOT, its officers or employees, for any damages or other relief based on any alleged failure of NYSDOT, its officers or employees, to undertake or perform any act, or for undertaking or performing any act, which is not specifically required or prohibited by this Agreement. 15. Offset Rights. In addition to any and all set-off rights provided to the State in the attached and incorporated Appendix A, Standard Clauses for New York Contracts, NYSDOT shall be entitled to recover and offset from the Municipality/Sponsor any ineligible reimbursements and any direct or indirect costs to the State as to paragraph 6 above, as well as any direct or indirect costs incurred by the State for any breach of the term of this agreement, including, but not limited to, the useful life requirements in paragraph 9 above. At its sole discretion NYSDOT shall have the option to permanently withhold and offset such direct and indirect cost against any monies due to the Municipality/Sponsor from the State of New York for any other reason, from any other source, including but not limited to, any other Federal or State Local Project Funding, and/or any Consolidated Highway and Local Street Improvement Program (CHIPS) funds. 16. Reporting Requirements. The Municipality/Sponsor agrees to comply with and submit to NYSDOT in a timely manner all applicable reports required under the provisions of this Agreement and the Local Projects Manual and in accordance with current Federal and State laws, rules, and regulations. 17. Notice Requirements. 17.1 All notices permitted or required hereunder shall be in writing and shall be transmitted: (a) Via certified or registered United States mail, return receipt requested: (b) By facsimile transmission, (c) By personal delivery, (d) By expedited delivery service; or (e) By e-mail. Such notices shall be address as follows or to such different addresses as the parties may from time-to- time designate: New York State Department of Transportation (NYSDOT) Name: Orietta Trocard, P.E. Title: Regional Local Projects Liason Address: 4 Burnett Boulevard, Poughkeepsie, NY 12603 Telephone Number: 845-431-5811 Facsimile Number: 845-431-5988 E-Mail Address: orietta.trocard(d dot.nv.gov 8 Page 266 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials lMunicipality/Sponsorl Town of Mamaroneck Name: Meredith Robson/Robert Wasp, P.E. Title: Town Administrator/Town Engineer Address: 740 W. Boston Post Road, Mamaroneck, NY 10543 Telephone Number: 914-381-7835 Facsimile Number: 914-381-8473 E-Mail Address: mrobsom(a�townofmamaroneckNY.org/rwasp(a�townofmamaroneckNY.org 17.2 Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States Mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or email, upon receipt. The parties may, from time to time, specify any new or different address in the United States as their address for purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing by the parties for purposes of implementation and administration/billing, resolving issues and problems and/or for dispute resolution. 18. Electronic Contract Payments. Municipality/Sponsor shall provide complete and accurate supporting documentation of eligible local expenditures as required by this Agreement, NYSDOT and the State Comptroller. Following NYSDOT approval of such supporting documentation, payment for invoices submitted by the Municipality/Sponsor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner's sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices from the Statewide Financial System (SFS). The contracting local Municipality/Sponsor shall comply with the State Comptroller's procedures for all Federal and applicable State Aid to authorize electronic payments. Instructions and authorization forms are available on the State Comptroller's website at https://www.osc.ny.gov/state-vendors. Registration forms and instructions can be found at the NYSDOT Electronic Payment Guidelines website at: https://www.dot.ny.gov/divisions/operating/opdm/local-programs-bureau/locally-administered-federal- aid-projects/Electronic Payment Guidelines. The Municipality/Sponsor herein acknowledges that it will not receive payment on any invoices submitted under this agreement if it does not comply with the applicable State Comptroller and/or NYS State Comptroller's electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. 19. Compliance with Legal Requirements. Municipality/Sponsor must comply with all applicable 9 Page 267 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials federal, state, and local laws, rules, and regulations, including but not limited to the following: 19.1 Title 49 of the Code of Federal Regulations Part 26 (49 CFR 26), Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs; Title 23 Code of Federal Regulations Part 230 (23 CFR 230), External Programs; and, Title 41 of the Code of Federal Regulations Part 60 (41 CFR Subtit. B, Ch. 60) Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, including the requirements thereunder related to utilization goals for contracting opportunities for disadvantaged business enterprises (DBEs) and equal employment opportunity. 19.1.1 If the Municipality/Sponsor fails to monitor and administer contracts funded in whole or in part in accordance with Federal requirements, the Municipality/Sponsor will not be reimbursed for ineligible activities within the affected contracts. The Municipality/Sponsor must ensure that the prime contractor has a Disadvantaged Business Enterprise (DBE) Utilization Plan and complies with such plan. If, without prior written approval by NYSDOT, the Municipality/Sponsor's contractors and subcontractors fail to complete work for the project as proposed in the DBE Schedule of Utilization, NYSDOT at its discretion may (1) cancel, terminate or suspend this agreement or such portion of this agreement or (2) assess liquidated damages in an amount of up to 20% of the pro rata share of the Municipality/Sponsor's contracts and subcontracts funded in whole or in part by this agreement for which contract goals have been established. 19.2 New York State Environmental Law, Article 6, the State Smart Growth Public Infrastructure Policy Act (NY CLS ECL, Art. 6), including providing true, timely and accurate information relating to the project to ensure compliance with the Act. 19.3 28 CFR 35.105, which requires a Municipality/Sponsor employing 50 or more persons to prepare a Transition Plan addressing compliance with the Americans with Disabilities Act (ADA). 20. Compliance with Procedural Requirements. The Municipality/Sponsor understands that funding is contingent upon the Municipality/Sponsor's compliance with the applicable requirements of the Local Projects Manual (LPM), which, as such, may be amended from time to time. Locally administered Federal aid transportation projects must be constructed in accordance with the current version of NYSDOT Standard Specifications; Construction and Materials, including any and all modifications to the Standard Specifications issued by the Engineering Information Issuance System, and NYSDOT- approved Special Specifications for general use. (Cities with a population of 3 million or more may pursue approval of their own construction specifications and procedures on a project by project basis). 10 Page 268 of 332 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8763.18 BIN: 2225130 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 4/01/2024 By: DR Initials Comptroller's Contract Number: IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. MUNICIPALITY/SPONSOR: MUNICIPALITY/SPONSOR ATTORNEY: By: By: Print Name: Print Name: Title: STATE OF NEW YORK )ss.: COUNTY OF Westchester ) On this day of , 20 before me personally came to me known, who, being by me duly sworn did depose and say that he/she resides at ; that he/she is the of the Municipal/Sponsor Corporation described in and which executed the above instrument; (except New York City) that it was executed by order of the of said Municipal/Sponsor Corporation pursuant to a resolution which was duly adopted on and which a certified copy is attached and made a part hereof; and that he/she signed his name thereto by like order. Notary Public APPROVED FOR NYSDOT: APPROVED AS TO FORM: STATE OF NEW YORK ATTORNEY GENERAL By: For Commissioner of Transportation By: Assistant Attorney General Agency Certification: In addition to the acceptance of this contract I also certify that original copies of COMPTROLLER'S APPROVAL: this signature page will be attached to all other exact copies of this contract. By: For the New York State Comptroller Date: Pursuant to State Finance Law §112 11 Page 269 of 332 Schedule A(01/2023) Press F1 to read instructions in blank fields Page 1 of 3 SCHEDULE A - Description of Project Phase, Funding and Deposit Requirements NYSDOT/ State-Local Agreement - Schedule A for PIN 8763.18 OSC Contract#: Contract Start Date: / / (mm/dd/yyyy)Contract End Date: 12/31/2030(mmldd/yyyy) ❑ Check,if date changed from the last Schedule A Purpose: ® Original Standard Agreement ❑ Supplemental Schedule A No. Agreement ® Locally Administered Municipality/Sponsor (Contract Payee): Town of Mamaroneck Type: Other Municipality/Sponsor (if applicable): ❑ State Administered List participating Municipality(ies) and the % of cost share for each and indicate by checkbox which Municipality this Schedule A applies. ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share Authorized Project Phase(s) to which this Schedule applies: ® PE/Design ® ROW Incidentals ❑ ROW Acquisition ❑ Construction/Cl/CS Work Type: BR REPLACE County (If different from Municipality): Westchester (Check, if Project Description has changed from last Schedule A): ❑ Project Description: Rockland Avenue over Sheldrake River Superstructure Replacement (BIN 2225130)Town of Mamaroneck, Westchester County Marchiselli Eligible ❑ Yes ® No A. Summary of Participating Costs FOR ALL PHASES For each PIN Fiscal Share below, show current costs on the rows indicated as"Current". Show the old costs from the previous Schedule A on the row indicated as"Old." All totals will calculate automatically. LOCAL "Current" DEPOSIT PIN or"Old" Funding FEDERAL STATE AMOUNT Fiscal entry Source TOTAL Costs Funds Funds LOCAL Funds (Required Share indicator (Percentage) only if State Administered) Current Other(see FN)(95%) $143,120.00 $135,964.00 $0.00 $7,156.00 $0.00 8763.18.121 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current Other(see FN)(95%) $37,500.00 $35,625.00 $0.00 $1,875.00 $0.00 8763.18.221 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 TOTAL CURRENT COSTS: $180,620.00 $171,589.00 $ 0.00 $9,031.00 $ 0.00 Page 270 of 332 Schedule A(01/2023) Press F1 to read instructions in blank fields Page 2 of 3 NYSDOT/State-Local Agreement—Schedule A PIN 8763.18 B. Local Deposit(s) from Section A: $ o.00 Additional Local Deposit(s) $o.00 Total Local Deposit(s) $ o.00 C. Total Project Costs All totals will calculate automatically. Total Total Total Total FEDERAL STATE LOCAL ALL SOURCES Cost Cost Cost Cost $171,589.00 $ 0.00 $9,031.00 $180,620.00 Total FEDERAL Cost $171,589.00 Total STATE Cost $ 0.00 SFS TOTAL CONTRACT AMOUNT $171,589.00 D. Point of Contact for Questions Regarding this Name: Danielle Rispoli Schedule A (Must be completed) Phone No: 845-431-5724 See Agreement(or Supplemental Agreement Cover) for required contract signatures. Footnotes (FN): (See LPB's SharePoint for link to sample footnotes) • Project description continued: This project will replace the superstructure of the bridge that carries Rockland Avenue over the Sheldrake River in the Town of Mamroneck in Westchester County. • **This is a 2022 Bridge NY project and funding is designated "Bridge Formula Main". • Project must begin construction no later than 24 months after award; award is defined as approved State-Local Agreement (SLA) by the NYS Office of the State Comptroller. The Project Sponsor must expeditiously progress the execution of the SLA. • Projects must be fully completed within 30 months of commencing construction; construction is defined as an award to a contractor or commencement of work by municipal/sponsor work forces. Therefore, Sponsors are strongly encouraged to have projects substantially completed within two years of commencing construction. • XX.121 represents $71,560 for Preliminary Design, $71,560 for Detailed Design. • XX.221 represents $37,500 for ROW Acquisition, $37,500 for ROW Incidentals. • This is a Bridge NY Culvert project with a capped amount of$769,200.00. Funding may be applied to all phases of the project • This is a Bridge NY Bridge project and is funded with 95% federal aid with the addition of toll credits, as provided for under Title 23 USC 120(i). The remaining 5% of the project cost will be non-federal (i.e., local) match. Any additional funds required to complete the project beyond the award amount of$769,000.00 are the responsibility of the project sponsor. • Page 271 of 332 Schedule A(01/2023) Press F1 to read instructions in blank fields Page 3 of 3 • • PIN 8763.18 4/1/2024 DR Page 272 of 332 SCHEDULE B: Phases, Sub-phase/Tasks, and Allocation of Responsibility Instructions: Identify the responsibility for each applicable Sub-phase task by entering X in either the NYSDOT column to allocate the task to State labor forces or a State Contract, or in the Sponsor column indicating non-State labor forces or a locally administered contract. Al. Preliminary Engineering ("PE") Phase Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Scoping: Prepare and distribute all required project reports, including an ❑ Expanded Project Proposal (EPP) or Scoping Summary Memorandum (SSM), as appropriate. 2. Perform data collection and analysis for design, including traffic counts ❑ and forecasts, accident data, Smart Growth checklist, land use and development analysis and forecasts. 3. Smart Growth Attestation (NYSDOT ONLY). ® ❑ 4. Preliminary Design: Prepare and distribute Design Report/Design ❑ Approval Document (DAD), including environmental analysis/assessments, and other reports required to demonstrate the completion of specific design sub-phases or tasks and/or to secure the approval/authorization to proceed. 5. Review and Circulate all project reports, plans, and other project data to ❑ obtain the necessary review, approval, and/or other input and actions required of other NYSDOT units and external agencies. 6. Obtain aerial photography and photogrammetric mapping. ❑ 7. Perform all surveys for mapping and design. ❑ 8. Detailed Design: Perform all project design, including preparation of ❑ plan sheets, cross-sections, profiles, detail sheets, specialty items, shop drawings, and other items required in accordance with the Highway Design Manual, including all Highway Design, including pavement evaluations, including taking and analyzing cores; design of Pavement mixes and applications procedures; preparation of bridge site data package, if necessary, and all Structural Design, including hydraulic analyses, if necessary, foundation design, and all design of highway appurtenances and systems [e.g., Signals, Intelligent Transportation System (ITS) facilities], and maintenance protection of traffic plans. Federal Railroad Administration (FRA) criteria will apply to rail work. 9. Perform landscape design (including erosion control). ❑ 10. Design environmental mitigation, where appropriate, in connection with: ❑ Noise readings, projections, air quality monitoring, emissions projections, hazardous waste, asbestos, determination of need of cultural resources survey. Page 273 of 332 Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 11. Prepare demolition contracts, utility relocation plans/contracts, and any ❑ other plans and/or contract documents required to advance, separate, any portions of the project which may be more appropriately progressed separately and independently. 12.Compile PS&E package, including all plans, proposals, specifications, ❑ estimates, notes, special contract requirements, and any other contract documents necessary to advance the project to construction. 13.Conduct any required soils and other geological investigations. ❑ 14.Obtain utility information, including identifying the locations and types of ❑ utilities within the project area, the ownership of these utilities, and prepare utility relocations plans and agreements, including completion of Form HC-140, titled Preliminary Utility Work Agreement. 15. Determine the need and apply for any required permits, including U.S. ❑ Coast Guard, U.S. Army Corps of Engineers, Wetlands (including identification and delineation of wetlands), SPDES, NYSDOT Highway Work Permits, and any permits or other approvals required to comply with local laws, such as zoning ordinances, historic districts, tax assessment and special districts. 16. Prepare and execute any required agreements, including: ❑ - Railroad force account - Maintenance agreements for sidewalks, lighting, signals, betterments - Betterment Agreements - Utility Work Agreements for any necessary Utility Relocations of Privately owned Utilities 17. Provide overall supervision/oversight of design to assure conformity ❑ with Federal and State design standards or conditions, including final approval of PS&E (Contract Bid Documents) by NYSDOT. A2. Right-of-Way (ROW) Incidentals Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Prepare ARM or other mapping, showing preliminary taking lines. ❑ 2. ROW mapping and any necessary ROW relocation plans. ❑ 3. Obtain abstracts of title and certify those having an interest in ROW to ❑ be acquired. 4. Secure Appraisals. ❑ 5. Perform Appraisal Review and establish an amount representing just ❑ compensation. Page 274 of 332 Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 6. Determination of exemption from public hearing that is otherwise ❑ required by the Eminent Domain Procedure Law, including de minimis determination, as may be applicable. If NYSDOT is responsible for acquiring the right-of-way, this determination may be performed by NYSDOT only if NYSDOT is responsible for the Preliminary Engineering Phase under Phase Al of this Schedule B. 7. Conduct any public hearings and/or informational meetings as may be ❑ required by the Eminent Domain Procedures Law, including the provision of stenographic services, preparation and distribution of transcripts, and response to issues raised at such meetings. B. Right-of-Way (ROW) Acquisition Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Perform all Right-of-Way (ROW) Acquisition work, including ❑ negotiations with property owners, acquisition of properties and accompanying legal work, payments to and/or deposits on behalf of property owners; Prepare, publish, and pay for any required legal notices; and all other actions necessary to secure title to, possession of, and entry to required properties. If NYSDOT is to acquire property, including property described as an uneconomic remainder, on behalf of the Municipality/Sponsor, the Municipality/Sponsor agrees to accept and take title to any and all permanent property rights so acquired which form a part of the completed Project. 2. Provide required relocation assistance, including payment of moving ❑ expenses, replacement supplements, mortgage interest differentials, closing costs, mortgage prepayment fees. 3. Conduct eminent domain proceedings, court and any other legal ❑ actions required to acquire properties. 4. Monitor all ROW Acquisition work and activities, including review and ❑ processing of payments of property owners. 5. Provide official certification that all right-of-way required for the ❑ construction has been acquired in compliance with applicable Federal, State or Local requirements and is available for use and/or making projections of when such property(ies) will be available if such properties are not in hand at the time of contract award. 6. Conduct any property management activities, including establishment ❑ and collecting rents, building maintenance and repairs, and any other activities necessary to sustain properties and/or tenants until the sites are vacated, demolished, or otherwise used for the construction project. 7. Subsequent to completion of the Project, conduct ongoing property ❑ management activities in a manner consistent with applicable Federal, State and Local requirements including, as applicable, the development of any ancillary uses, establishment and collection of rent, property maintenance and any other related activities. Page 275 of 332 C. Construction, Construction Support (C/S) and Construction Inspection (C/I) Phase Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Advertise contract lettings and distribute contract documents to ❑ prospective bidders. 2. Conduct all contract lettings, including receipt, opening, and analysis of ❑ CZ bids, evaluation/certification of bidders, notification of rejected bids/bidders, and awarding of the construction contract(s). 3. Receive and process bid deposits and verify any bidder's insurance and ❑ bond coverage that may be required. 4. Compile and submit Contract Award Documentation Package. ❑ 5. Review/approve any proposed subcontractors, vendors, or suppliers. ❑ 6. Conduct and control all construction activities in accordance with the ❑ CZ plans and proposal for the project. Maintain accurate, up-to-date project records and files, including all diaries and logs, to provide a detailed chronology of project construction activities. Procure or provide all materials, supplies and labor for the performance of the work on the project, and insure that the proper materials, equipment, human resources, methods and procedures are used. 7a. For non-NHS or non-State Highway System Projects: Test and accept ❑ ❑ materials, including review and approval for any requests for substitutions. 7b. For NHS or State Highway System Projects: Inspection and approval of materials such as bituminous concrete, Portland cement concrete, ❑ ❑ structural steel, concrete structural elements and/or their components to be used in a federal aid project will be performed by, and according to the requirements of NYSDOT. The Municipality/Sponsor shall make or require provision for such materials inspection in any contract or subcontract that includes materials that are subject to inspection and approval in accordance with the applicable NYSDOT design and construction standards associated with the federal aid project. 7c. For projects that fall under both 7a and 7b above, check boxes for each. 8. Design and/or re-design the project or any portion of the project that ❑ CZ may be required because of conditions encountered during construction. 9. Administer construction contract, including the review and approval of ❑ CZ all contactor requests for payment, orders-on-contract, force account work, extensions of time, exceptions to the plans and specifications, substitutions or equivalents, and special specifications. 10. Review and approve all shop drawings, fabrication details, and other ❑ CZ details of structural work. 11.Administer all construction contract claims, disputes or litigation. ❑ CZ Page 276 of 332 Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 12. Perform final inspection of the complete work to determine and verify final quantities, prices, and compliance with plans specifications, and such other construction engineering supervision and inspection work necessary to conform to Municipal, State and FHWA requirements, including the final acceptance of the project by NYSDOT. 13. Pursuant to Federal Regulation 49 CFR 18.42(e)(1) The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. Page 277 of 332 APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. June 2023 Page 278 of 332 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A TABLE OF CONTENTS Page 1. Executory Clause 3 2. Non-Assignment Clause 3 3. Comptroller's Approval 3 4. Workers' Compensation Benefits 3 5. Non-Discrimination Requirements 3 6. Wage and Hours Provisions 3-4 7. Non-Collusive Bidding Certification 4 8. International Boycott Prohibition 4 9. Set-Off Rights 4 10. Records 4 11. Identifying Information and Privacy Notification 4 12. Equal Employment Opportunities For Minorities and Women 5 13. Conflicting Terms 5 14. Governing Law 5 15. Late Payment 5 16. No Arbitration 5 17. Service of Process 5 18. Prohibition on Purchase of Tropical Hardwoods 5-6 19. MacBride Fair Employment Principles 6 20. Omnibus Procurement Act of 1992 6 21. Reciprocity and Sanctions Provisions 6 22. Compliance with Breach Notification and Data Security Laws 6 23. Compliance with Consultant Disclosure Law 6-7 24. Procurement Lobbying 7 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7 State Contractors,Affiliates and Subcontractors 26. Iran Divestment Act 7 27. Admissibility of Contract 7 Page 2 Pagdu 9 332 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A STANDARD CLAUSES FOR NYS CONTRACTS 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this The parties to the attached contract,license,lease,amendment contract shall be void and of no force and effect unless the or other agreement of any kind (hereinafter, "the contract" or Contractor shall provide and maintain coverage during the life "this contract") agree to be bound by the following clauses of this contract for the benefit of such employees as are required which are hereby made a part of the contract (the word to be covered by the provisions of the Workers' Compensation "Contractor" herein refers to any party other than the State, Law. whether a contractor, licenser, licensee, lessor, lessee or any other party): 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law(also known 1. EXECUTORY CLAUSE. In accordance with Section 41 as the Human Rights Law) and all other State and Federal of the State Finance Law,the State shall have no liability under statutory and constitutional non-discrimination provisions,the this contract to the Contractor or to anyone else beyond funds Contractor will not discriminate against any employee or appropriated and available for this contract. applicant for employment, nor subject any individual to harassment,because of age,race, creed, color,national origin, 2. NON-ASSIGNMENT CLAUSE. In accordance with citizenship or immigration status, sexual orientation, gender Section 138 of the State Finance Law,this contract may not be identity or expression, military status, sex, disability, assigned by the Contractor or its right, title or interest therein predisposing genetic characteristics, familial status, marital assigned,transferred,conveyed,sublet or otherwise disposed of status, or domestic violence victim status or because the without the State's previous written consent,and attempts to do individual has opposed any practices forbidden under the so are null and void. Notwithstanding the foregoing,such prior Human Rights Law or has filed a complaint, testified, or written consent of an assignment of a contract let pursuant to assisted in any proceeding under the Human Rights Law. Article XI of the State Finance Law may be waived at the Furthermore, in accordance with Section 220-e of the Labor discretion of the contracting agency and with the concurrence Law,if this is a contract for the construction,alteration or repair of the State Comptroller where the original contract was subject of any public building or public work or for the manufacture, to the State Comptroller's approval, where the assignment is sale or distribution of materials, equipment or supplies, and to due to a reorganization, merger or consolidation of the the extent that this contract shall be performed within the State Contractor's business entity or enterprise. The State retains its of New York, Contractor agrees that neither it nor its right to approve an assignment and to require that any subcontractors shall,by reason of race,creed,color,disability, Contractor demonstrate its responsibility to do business with sex, or national origin: (a) discriminate in hiring against any the State. The Contractor may, however, assign its right to New York State citizen who is qualified and available to receive payments without the State's prior written consent perform the work;or(b)discriminate against or intimidate any unless this contract concerns Certificates of Participation employee hired for the performance of work under this contract. pursuant to Article 5-A of the State Finance Law. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, 3. COMPTROLLER'S APPROVAL. In accordance with Contractor agrees that neither it nor its subcontractors shall by Section 112 of the State Finance Law, if this contract exceeds reason of race, creed, color, national origin, age, sex or $50,000(or$75,000 for State University of New York or City disability: (a) discriminate in hiring against any New York University of New York contracts for goods, services, State citizen who is qualified and available to perform the work; construction and printing, and $150,000 for State University or(b)discriminate against or intimidate any employee hired for Health Care Facilities) or if this is an amendment for any the performance of work under this contract. Contractor is amount to a contract which, as so amended, exceeds said subject to fines of$50.00 per person per day for any violation statutory amount,or if,by this contract,the State agrees to give of Section 220-e or Section 239 as well as possible termination something other than money when the value or reasonably of this contract and forfeiture of all moneys due hereunder for estimated value of such consideration exceeds$25,000,it shall a second or subsequent violation. not be valid,effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. 6. WAGE AND HOURS PROVISIONS. If this is a public Comptroller's approval of contracts let by the Office of General work contract covered by Article 8 of the Labor Law or a Services,either for itself or its customer agencies by the Office building service contract covered by Article 9 thereof,neither of General Services Business Services Center,is required when Contractor's employees nor the employees of its subcontractors such contracts exceed $85,000. Comptroller's approval of may be required or permitted to work more than the number of contracts established as centralized contracts through the Office hours or days stated in said statutes, except as otherwise of General Services is required when such contracts exceed provided in the Labor Law and as set forth in prevailing wage $125,000, and when a purchase order or other procurement and supplement schedules issued by the State Labor transaction issued under such centralized contract exceeds Department. Furthermore, Contractor and its subcontractors $200,000. must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay,as determined by the State Labor Department in Page 3 Pagdu26003$332 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A accordance with the Labor Law. Additionally,effective April must be kept for the balance of the calendar year in which they 28,2008,if this is a public work contract covered by Article 8 were made and for six(6)additional years thereafter. The State of the Labor Law, the Contractor understands and agrees that Comptroller, the Attorney General and any other person or the filing of payrolls in a manner consistent with Subdivision 3- entity authorized to conduct an examination, as well as the a of Section 220 of the Labor Law shall be a condition precedent agency or agencies involved in this contract, shall have access to payment by the State of any State approved sums due and to the Records during normal business hours at an office of the owing for work done upon the project. Contractor within the State of New York or,if no such office is available,at a mutually agreeable and reasonable venue within 7. NON-COLLUSIVE BIDDING CERTIFICATION. In the State, for the term specified above for the purposes of accordance with Section 139-d of the State Finance Law,if this inspection, auditing and copying. The State shall take contract was awarded based upon the submission of bids, reasonable steps to protect from public disclosure any of the Contractor affirms, under penalty of perjury, that its bid was Records which are exempt from disclosure under Section 87 of arrived at independently and without collusion aimed at the Public Officers Law(the "Statute") provided that: (i) the restricting competition. Contractor further affirms that, at the Contractor shall timely inform an appropriate State official, in time Contractor submitted its bid,an authorized and responsible writing,that said records should not be disclosed;and(ii) said person executed and delivered to the State a non-collusive records shall be sufficiently identified; and(iii)designation of bidding certification on Contractor's behalf. said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish,or in any way adversely affect, 8. INTERNATIONAL BOYCOTT PROHIBITION. In the State's right to discovery in any pending or future litigation. accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law,if this contract exceeds$5,000, 11. IDENTIFYING INFORMATION AND PRIVACY the Contractor agrees, as a material condition of the contract, NOTIFICATION. (a) Identification Number(s). Every that neither the Contractor nor any substantially owned or invoice or New York State Claim for Payment submitted to a affiliated person, firm, partnership or corporation has New York State agency by a payee,for payment for the sale of participated, is participating, or shall participate in an goods or services or for transactions (e.g., leases, easements, international boycott in violation of the federal Export licenses,etc.)related to real or personal property must include Administration Act of 1979 (50 USC App. Sections 2401 et the payee's identification number. The number is any or all of seq.) or regulations thereunder. If such Contractor, or any of the following: (i) the payee's Federal employer identification the aforesaid affiliates of Contractor, is convicted or is number,(ii)the payee's Federal social security number,and/or otherwise found to have violated said laws or regulations upon (iii)the payee's Vendor Identification Number assigned by the the final determination of the United States Commerce Statewide Financial System. Failure to include such number or Department or any other appropriate agency of the United numbers may delay payment. Where the payee does not have States subsequent to the contract's execution, such contract, such number or numbers,the payee,on its invoice or Claim for amendment or modification thereto shall be rendered forfeit and Payment,must give the reason or reasons why the payee does void. The Contractor shall so notify the State Comptroller not have such number or numbers. within five(5)business days of such conviction,determination or disposition of appeal(2 NYCRR§ 105.4). (b)Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a 9.SET-OFF RIGHTS. The State shall have all of its common lessor of real or personal property,and the authority to maintain law,equitable and statutory rights of set-off. These rights shall such information, is found in Section 5 of the State Tax Law. include,but not be limited to,the State's option to withhold for Disclosure of this information by the seller or lessor to the State the purposes of set-off any moneys due to the Contractor under is mandatory.The principal purpose for which the information this contract up to any amounts due and owing to the State with is collected is to enable the State to identify individuals, regard to this contract, any other contract with any State businesses and others who have been delinquent in filing tax department or agency, including any contract for a term returns or may have understated their tax liabilities and to commencing prior to the term of this contract,plus any amounts generally identify persons affected by the taxes administered by due and owing to the State for any other reason including, the Commissioner of Taxation and Finance. The information without limitation, tax delinquencies, fee delinquencies or will be used for tax administration purposes and for any other monetary penalties relative thereto. The State shall exercise its purpose authorized by law. (2) The personal information is set-off rights in accordance with normal State practices requested by the purchasing unit of the agency contracting to including, in cases of set-off pursuant to an audit, the purchase the goods or services or lease the real or personal finalization of such audit by the State agency, its property covered by this contract or lease. The information is representatives,or the State Comptroller. maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, 10. RECORDS. The Contractor shall establish and maintain Office of the State Comptroller, 110 State Street,Albany,New complete and accurate books,records,documents,accounts and York 12236. other evidence directly pertinent to performance under this contract(hereinafter,collectively,the"Records"). The Records Page 4 June 2023 Page 281 of 332 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR apply to: (i)work,goods or services unrelated to this contract; MINORITIES AND WOMEN. In accordance with Section or (ii) employment outside New York State. The State shall 312 of the Executive Law and 5 NYCRR Part 143, if this consider compliance by a contractor or subcontractor with the contract is: (i) a written agreement or purchase order requirements of any federal law concerning equal employment instrument, providing for a total expenditure in excess of opportunity which effectuates the purpose of this clause. The $25,000.00, whereby a contracting agency is committed to contracting agency shall determine whether the imposition of expend or does expend funds in return for labor, services, the requirements of the provisions hereof duplicate or conflict supplies, equipment, materials or any combination of the with any such federal law and if such duplication or conflict foregoing,to be performed for, or rendered or furnished to the exists, the contracting agency shall waive the applicability of contracting agency; or (ii) a written agreement in excess of Section 312 to the extent of such duplication or conflict. $100,000.00 whereby a contracting agency is committed to Contractor will comply with all duly promulgated and lawful expend or does expend funds for the acquisition,construction, rules and regulations of the Department of Economic demolition, replacement, major repair or renovation of real Development's Division of Minority and Women's Business property and improvements thereon;or(iii)a written agreement Development pertaining hereto. in excess of$100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds 13. CONFLICTING TERMS. In the event of a conflict for the acquisition, construction, demolition, replacement, between the terms of the contract (including any and all major repair or renovation of real property and improvements attachments thereto and amendments thereof)and the terms of thereon for such project,then the following shall apply and by this Appendix A,the terms of this Appendix A shall control. signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal (a) The Contractor will not discriminate against employees or supremacy clause requires otherwise. applicants for employment because of race, creed, color, national origin,sex,age,disability or marital status,shall make 15. LATE PAYMENT. Timeliness of payment and any and document its conscientious and active efforts to employ and interest to be paid to Contractor for late payment shall be utilize minority group members and women in its work force governed by Article 11-A of the State Finance Law to the extent on State contracts and will undertake or continue existing required by law. programs of affirmative action to ensure that minority group members and women are afforded equal employment 16. NO ARBITRATION. Disputes involving this contract, opportunities without discrimination. Affirmative action shall including the breach or alleged breach thereof, may not be mean recruitment, employment, job assignment, promotion, submitted to binding arbitration (except where statutorily upgradings,demotion,transfer,layoff,or termination and rates authorized),but must,instead,be heard in a court of competent of pay or other forms of compensation; jurisdiction of the State of New York. (b) at the request of the contracting agency,the Contractor shall 17. SERVICE OF PROCESS. In addition to the methods of request each employment agency, labor union, or authorized service allowed by the State Civil Practice Law & Rules representative of workers with which it has a collective ("CPLR"), Contractor hereby consents to service of process bargaining or other agreement or understanding, to furnish a upon it by registered or certified mail,return receipt requested. written statement that such employment agency,labor union or Service hereunder shall be complete upon Contractor's actual representative will not discriminate on the basis of race,creed, receipt of process or upon the State's receipt of the return color,national origin, sex, age, disability or marital status and thereof by the United States Postal Service as refused or that such union or representative will affirmatively cooperate in undeliverable. Contractor must promptly notify the State, in the implementation of the Contractor's obligations herein;and writing, of each and every change of address to which service of process can be made. Service by the State to the last known (c) the Contractor shall state, in all solicitations or address shall be sufficient. Contractor will have thirty (30) advertisements for employees, that, in the performance of the calendar days after service hereunder is complete in which to State contract, all qualified applicants will be afforded equal respond. employment opportunities without discrimination because of race,creed,color,national origin,sex,age,disability or marital 18. PROHIBITION ON PURCHASE OF TROPICAL status. HARDWOODS.The Contractor certifies and warrants that all wood products to be used under this contract award will be in Contractor will include the provisions of "(a), (b) and (c)" accordance with, but not limited to, the specifications and above, in every subcontract over $25,000.00 for the provisions of Section 165 of the State Finance Law, (Use of construction, demolition, replacement, major repair, Tropical Hardwoods) which prohibits purchase and use of renovation, planning or design of real property and tropical hardwoods,unless specifically exempted,by the State improvements thereon(the"Work")except where the Work is or any governmental agency or political subdivision or public for the beneficial use of the Contractor. Section 312 does not benefit corporation. Qualification for an exemption under this Page 5 June 2023 Page 282 of 332 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A law will be the responsibility of the contractor to establish to Authorities Law§2879(3)(n)—(p))requires that by signing this meet with the approval of the State. bid proposal or contract,as applicable,Contractors certify that whenever the total bid amount is greater than$1 million: In addition,when any portion of this contract involving the use of woods,whether supply or installation,is to be performed by (a) The Contractor has made reasonable efforts to encourage any subcontractor, the prime Contractor will indicate and the participation of New York State Business Enterprises as certify in the submitted bid proposal that the subcontractor has suppliers and subcontractors,including certified minority-and been informed and is in compliance with specifications and women-owned business enterprises, on this project, and has provisions regarding use of tropical hardwoods as detailed in retained the documentation of these efforts to be provided upon § 165 State Finance Law. Any such use must meet with the request to the State; approval of the State;otherwise,the bid may not be considered responsive. Under bidder certifications, proof of qualification (b) The Contractor has complied with the Federal Equal for exemption will be the responsibility of the Contractor to Opportunity Act of 1972(P.L.92-261),as amended; meet with the approval of the State. (c)The Contractor agrees to make reasonable efforts to provide 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES notification to New York State residents of employment (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK opportunities on this project through listing any such positions STATE CONTRACTS). In accordance with the MacBride Fair with the Job Service Division of the New York State Employment Principles(Chapter 807 of the Laws of 1992),the Department of Labor, or providing such notification in such Contractor hereby stipulates that the Contractor either(a) has manner as is consistent with existing collective bargaining no business operations in Northern Ireland, or (b) shall take contracts or agreements. The Contractor agrees to document lawful steps in good faith to conduct any business operations in these efforts and to provide said documentation to the State Northern Ireland in accordance with the MacBride Fair upon request;and Employment Principles(as described in Section 165 of the New York State Finance Law), and shall permit independent (d)The Contractor acknowledges notice that the State may seek monitoring of compliance with such principles. to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 20. OMNIBUS PROCUREMENT ACT OF 1992 (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK 21. RECIPROCITY AND SANCTIONS PROVISIONS. STATE CONTRACTS). It is the policy of New York State to Bidders are hereby notified that if their principal place of maximize opportunities for the participation of New York State business is located in a country, nation, province, state or business enterprises, including minority- and women-owned political subdivision that penalizes New York State vendors, business enterprises as bidders,subcontractors and suppliers on and if the goods or services they offer will be substantially its procurement contracts. produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments(Chapter 684 and Information on the availability of New York State Chapter 383, respectively, codified in State Finance Law subcontractors and suppliers is available from: § 165(6) and Public Authorities Law §2879(5)) require that they be denied contracts which they would otherwise obtain. NYS Department of Economic Development NOTE: As of May 2023,the list of discriminatory jurisdictions Division for Small Business and Technology Development subject to this provision includes the states of South Carolina, 625 Broadway Alaska, Virginia,West Wyoming,Louisiana and Hawaii. Albany,New York 12245 Telephone: 518-292-5100 22. COMPLIANCE WITH BREACH NOTIFICATION AND DATA SECURITY LAWS. Contractor shall comply A directory of certified minority- and women-owned business with the provisions of the New York State Information Security enterprises is available from: Breach and Notification Act(General Business Law§§ 899-aa and 899-bb and State Technology Law§ 208). NYS Department of Economic Development Division of Minority and Women's Business Development 23. COMPLIANCE WITH CONSULTANT 633 Third Avenue 33rd Floor DISCLOSURE LAW. If this is a contract for consulting New York,NY 10017 services, defined for purposes of this requirement to include 646-846-7364 analysis, evaluation, research, training, data processing, email:mwbebusinessdev@esd.ny.gov computer programming, engineering, environmental, health, hops://ny.newnycontracts.com/FrontEnd/searchcertifieddir and mental health services, accounting, auditing, paralegal, ectory.asp legal or similar services,then,in accordance with Section 163 (4)(g)of the State Finance Law(as amended by Chapter 10 of The Omnibus Procurement Act of 1992 (Chapter 844 of the the Laws of 2006),the Contractor shall timely, accurately and Laws of 1992,codified in State Finance Law§ 139-i and Public properly comply with the requirement to submit an annual Page 6 June 2023 Page 283 of 332 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A employment report for the contract to the agency that awarded seeking compliance, recovering damages, or declaring the the contract, the Department of Civil Service and the State Contractor in default. Comptroller. The state agency reserves the right to reject any bid,request for 24. PROCUREMENT LOBBYING. To the extent this assignment,renewal or extension for an entity that appears on agreement is a "procurement contract" as defined by State the Prohibited Entities List prior to the award, assignment, Finance Law§§ 139-j and 139-k,by signing this agreement the renewal or extension of a contract, and to pursue a contractor certifies and affirms that all disclosures made in responsibility review with respect to any entity that is awarded accordance with State Finance Law §§ 139-j and 139-k are a contract and appears on the Prohibited Entities list after complete, true and accurate. In the event such certification is contract award. found to be intentionally false or intentionally incomplete,the State may terminate the agreement by providing written 27. ADMISSIBILITY OF REPRODUCTION OF notification to the Contractor in accordance with the terms of CONTRACT. Notwithstanding the best evidence rule or any the agreement. other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all 25. CERTIFICATION OF REGISTRATION TO objections to the admissibility into evidence at any court COLLECT SALES AND COMPENSATING USE TAX BY proceeding or to the use at any examination before trial of an CERTAIN STATE CONTRACTORS,AFFILIATES AND electronic reproduction of this contract, in the form approved SUBCONTRACTORS. by the State Comptroller, if such approval was required, To the extent this agreement is a contract as defined by Tax Law regardless of whether the original of said contract is in § 5-a, if the contractor fails to make the certification required existence. by Tax Law § 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency,as defined by Tax Law§5-a,discovers that the certification,made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26. IRAN DIVESTMENT ACT. By entering into this Agreement,Contractor certifies in accordance with State Finance Law§ 165-a that it is not on the"Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012"("Prohibited Entities List")posted at: https://ogs.ny.gov/iran-divestment-act-2012 Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract,should the state agency receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation,then the state agency shall take such action as may be appropriate and provided for by law,rule, or contract, including, but not limited to, imposing sanctions, Page 7 June 2023 Page 284 of 332 APPENDIX A-1 SUPPLEMENTAL TITLE VI PROVISIONS (CIVIL RIGHTS ACT) (To be included in all contracts) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally assisted programs of the Department of Transportation of the United States, Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter "FHWA") Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, religion, age, color, sex or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by NYSDOT or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to NYSDOT's Office of Civil Rights or FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, NYSDOT shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a) Withholding of payments to the contractor under the contract until the contractor complies; and/or b) Cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Page 285 of 332 The contractor shall take such action with respect to any subcontractor procurement as NYSDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request NYSDOT to enter into such litigation to protect the interests of NYSDOT, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 286 of 332 APPENDIX B REQUIREMENTS FOR FEDERALLY-AIDED TRANSPORTATION PROJECTS (June 2016) There is a substantial body of requirements attached to the use of Federal highway or transportation aid. These requirements create or overlay processes, procedures, documentation requirements, authorizations, approvals and certifications that may be substantially greater or different from those that are not funded with Federal-aid and proceed under applicable State and local laws, customs and practices. Under Title 23 of the United States Code, the New York State Department of Transportation (NYSDOT) is responsible for the administration of transportation projects in New York State to which NYSDOT provides Federal highway or transportation-related aid. Through this Agreement, which provides or is associated with such funding, NYSDOT delegates various elements of project and funding administration as described elsewhere in this Agreement. In undertaking a Federally aided project, the Municipality/Sponsor, Authority or Project Manager designated under this Agreement with Federal-aid funding or project administration agrees to proceed in compliance with all the applicable Federal-aid requirements. NYSDOT, in cooperation with FHWA, has assembled the body of Federal-aid requirements, procedures and practices in its Procedures for Locally Administered Federal-Aid Projects Manual (available through NYSDOT's web site at: http://www.dot.ny.gov/plafap). In addition, the Municipality/Sponsor, Authority or Project Manager designated under this Agreement for Federal-aid funding or project administration that enters into Federally aided project construction contracts is required to physically incorporate into all its Federally aided construction contracts and subcontracts there under the provisions that are contained in Form FHWA-1273 (available from NYSDOT or electronically at: http://www.fhwa.dot.gov/programadmin/contracts/1273.htm). In addition to the referenced requirements, the attention of Municipality/Sponsor hereunder is directed to the following requirements and information: NON DISCRIMINATION/EEO/DBE REQUIREMENTS The Municipality/Sponsor and its contractors agree to comply with Executive Order 11246, entitled "Equal Employment Opportunity" and United States Department of Transportation (USDOT) regulations (49 CFR Parts 21, 23, 25, 26 and 27) and the following: 1. NON DISCRIMINATION. No person shall, on the ground of race, color, creed, national origin, sex, age or handicap, be excluded from participation in, or denied the benefits of, or be subject to, discrimination under the Project funded through this Agreement. 2. EQUAL EMPLOYMENT OPPORTUNITY. In connection with the execution of this Agreement, the Municipality/Sponsors contractors or subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, age, color, sex or national origin. Such contractors shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national origin or age. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Page 287 of 332 3. DISADVANTAGED BUSINESS ENTERPRISES. In connection with the performance of this Agreement, the Municipality/Sponsor shall cause its contractors to cooperate with the State in meeting its commitments and goals with regard to the utilization of Disadvantaged Business Enterprises (DBEs) and will use its best efforts to ensure that DBEs will have opportunity to compete for subcontract work under this Agreement. Also, in this connection the Municipality or Municipality/Sponsor shall cause its contractors to undertake such actions as may be necessary to comply with 49 CFR Part 26. As a sub-recipient under 49 CFR Part 26.13, the Municipality/Sponsor hereby makes the following assurance. The Municipality/Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any United States Department of Transportation (USDOT)-assisted contract or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26. The Municipality/Sponsor shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of the United States Department of Transportation-assisted contracts. The New York State Department of Transportation's DBE program, as required by 49 CFR Part 26 and as approved by the United States Department of Transportation, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). FEDERAL SINGLE AUDIT REQUIREMENTS Non-Federal entities that expend $750,000 or more in a year in Federal awards from all sources are required to comply with the Federal Single Audit Act provisions contained in U.S. Office of Management and Budget (OMB) Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations. Non-Federal entities that expend Federal awards from a single source may provide a program specific audit, as defined in the Circular. Non-Federal entities that expend less than the amount above in a year in Federal awards from all sources are exempt from Federal audit requirements for that year, except as noted in Sec. 215 (a) of OMB Circular A-133 Subpart B--Audits, records must be available for review or audit by appropriate officials of the cognizant Federal agency' the New York State Department of Transportation, the New York State Comptrollers Office and the U.S. Governmental Accountability Office (GAO). Non-Federal entities are required to submit a copy of all audits, as described above, within 30 days of issuance of audit report, but no later than 9 months after the end of the entity's fiscal year, to the New York State Department of Transportation, Contract Audit Bureau, 50 Wolf Road, Albany, NY 12232. Unless a time extension has been granted by the cognizant Federal Agency and has been filed with the New York State Department of Transportation's Contract Audit Bureau, failure to comply with the requirements of OMB Circular A-133 may result in suspension or termination of Federal award payments. The designated cognizant agency for audit shall be the federal awarding agency that provides the predominant amount of direct funding to a recipient unless OMB changes it. Page 288 of 332 THE CATALOG OF FEDERAL DOMESTIC ASSISTANCE The Catalog of Federal Domestic Assistance (CFDA2), is an on-line database of all Federally- aided programs available to State and local governments (including the District of Columbia); Federally recognized Indian tribal governments; Territories (and possessions) of the United States; domestic public, quasi-public, and private profit and nonprofit organizations and institutions; specialized groups; and individuals. THE CFDA IDENTIFICATION NUMBER OMB Circular A-133 requires all Federal-aid recipients to identify and account for awards and expenditures by CFDA Number. The Municipality/Sponsor is required to identify in its accounts all Federal awards received and expended, and the Federal programs under which they were received. Federal program and award identification shall include, as applicable, the CFDA title and number, award number and year, name of the Federal agency, and name of the pass-through entity. The most commonly used CFDA number for the Federal Aid Highway Planning and Construction program is 20.205. Additional CFDA numbers for other transportation and non-transportation related programs are: 20.215 Highway Training and Education 20.219 Recreational Trails Program 20.XXX Highway Planning and Construction - Highways for LIFE; 20.XXX Surface Transportation Research and Development; 20.500 Federal Transit-Capital Investment Grants 20.505 Federal Transit-Metropolitan Planning Grants 20.507 Federal Transit-Formula Grants 20.509 Formula Grants for Other Than Urbanized Areas 20.600 State and Community Highway Safety 23.003 Appalachian Development Highway System 23.008 Appalachian Local Access Roads PROMPT PAYMENT MECHANISMS In accordance with 49 CFR 26.29, and NY State Finance Law 139-f or NY General Municipal Law 106-b(2) as applicable: (a) You must establish, as part of your DBE program, a contract clause to require prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 7 calendar days from receipt of each payment you make to the prime contractor. (b) You must ensure prompt and full payment of retainage from the prime contractor to the subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed. You must use one of the following methods to comply with this requirement: (1) You may decline to hold retainage from prime contractors and prohibit prime contractors from holding retainage from subcontractors. (2) You may decline to hold retainage from prime contractors and require a contract clause obligating prime contractors to make prompt and full payment of any retainage kept by 2 http://www.cfda.gov/ Page 289 of 332 prime contractor to the subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed. (3) You may hold retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 7 calendar days after your payment to the prime contractor. (c) For purposes of this section, a subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the recipient. When a recipient has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. (d) Your DBE program must provide appropriate means to enforce the requirements of this section. These means may include appropriate penalties for failure to comply, the terms and conditions of which you set. Your program may also provide that any delay or postponement of payment among the parties may take place only for good cause, with your prior written approval. (e) You may also establish, as part of your DBE program, any of the following additional mechanisms to ensure prompt payment: (1) A contract clause that requires prime contractors to include in their subcontracts language providing that prime contractors and subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes. You may specify the nature of such mechanisms. (2) A contract clause providing that the prime contractor will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed. (3) Other mechanisms, consistent with this part and applicable state and local law, to ensure that DBEs and other contractors are fully and promptly paid. CARGO PREFERENCE ACT REQUIREMENTS — U.S. FLAG VESSELS In accordance with 46 CFR 381, the contractor agrees: (a) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. (b) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. (c) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. Page 290 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: Pamela Valenza, Town Assessor Re: Emergency Assessor Services Date: May 8, 2024 Attached is a proposed agreement with Whittemore Appraisals LLC. for additional support in the Assessor's Office. A sudden and unforeseen staff shortage has created an emergent issue in that office that requires immediate assistance in order to complete the Town's tentative assessment roll for June 1, 2024. I am recommending that the Board consider approving this proposal for emergency consulting assistance for the Assessor's Office through May 31, 2024. Action Requested: Resolved that the Town Board recognizes and accepts the Town Administrator's determination of the emergent need for critical and timely assistance in the Tax Assessor's Office through May 31,2024 at a cost of$7,500 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Whittemore Appraisals LLC Agreement- May 2024 Page 291 of 332 Whittemore Appraisals LLC 154 Rockland Ave., Mamaroneck, NY 10543 4/26/2024 Town Of Mamaroneck 740 W Boston Post Rd. Mamaroneck, NY 10543 Professional services rendered by Whittemore Appraisals LLC. Work consists of reviewing and interpreting building plans for changes to properties in the Town of Mamaroneck for assessment purposes. Building Plans will be used to determine the change in use and square footage of the work done. New data will be entered into the Town assessment system. Estimated time to complete the 60-70 building plans,and corresponding work associated with it is • 75 hours. Total fee for this project,to be completed before the end of May,2024 is$7,500.00. Dan Whittemore,Sole Member Meredith Robson,Town Administrator Whittemore Appraisals LLC Page 292 of 332 0 ul 0 1 rri Town of Mamaroneck Town Center FOUNDED 1661 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 CC: Robert P. Wasp, Town Engineer Re: Award of Bid TA-24-09 —Tree Watering Services Date: May 8, 2024 Attached please find a memo from Robert Wasp, Town Engineer requesting consideration of award of bid TA-24-09 - Tree Watering Services. Action Requested: Resolved that the Town Board hereby awards the bid for the Town's 2024 Spring Tree Watering Program received and opened on May 2, 2024 to Cody Diggins/Ironwood Industries at the base bid amount of $43,125 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 293 of 332 v u_r "v t; rn Town of Mamaroneck Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Award of Bid TA-24-09—Tree Watering Services General: Bid procurement was recently completed for the Town's 2024 Spring Tree Watering Program. The project scope consists of weekly watering of one hundred and ninety-six (196)trees total, inclusive of the (110)to be planted through our 2024 Spring Tree Planting Program. On May 2nd, 2024, three (3) bid proposals were received as summarized on the attached bid tabulation table. The apparent low bidder is Cody Diggins/Ironwood Industries, Inc. at the submitted total price of $43,125.00 for the weekly watering of the trees for (23) weeks. The Engineering Department contacted the references enclosed with the Cody Diggins/Ironwood Industries, Inc. proposal and received positive feedback on their completed projects. No errors or omissions that could potentially impact the viability of their bid price have been identified at this time. The Engineering Depailnient recommends authorization of contract award to Cody Diggins/Ironwood Industries, Inc. based upon their submitted base bid amount of$43,125.00. Budget for the tree watering contract was planned as part of the general community beautification budget (A8510-4002) in the amount of$60,000.00. The total watering contract of$43,125.00 is fully contained within the available balance allocated to the project. It can be noted that the submitted cost was provided as a per week price, assumed for a maximum of(23) weeks that may be reduced if fall weather conditions do not warrant the continuation of tree watering. Attachment/s: Tabulation TA-24-09 Page 294 of 332 o� �, Town of Mamaroneck . v Engineering Department, Town Center o 0 740 W.Boston Post Road,Mamaroneck,NY 10543-3353 = 4 n m Contract#TA-24-09 Tree Watering Services ~FOUNDED 1661• Bid Opening Results,May 2nd,2024 at 11:00 a.m.E.S.T. Bid Item Ironwood Industries Inc. Griffen's Landscaping Corp. D&D Tree&Landscaping,Inc. Jamesport,NY 11947 Peekskill,NY 10566 Pearl River,NY 10965 Tree Watering Program(Per Week) $1,875.00 $2,217.40 $2,800.00 Extended Total(23 weeks @ Cost Per Week) $43,125.00 $51,000.20 $64,400.00 Page 295 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: William Maker Jr., Town Attorney Re: Comprehensive Plan Negative Declaration and Adoption Date: May 8, 2024 Attached please find a resolution to make a negative declaration regarding the Comprehensive Plan and to adopt the Comprehensive Plan, should you decide to take this action. As you well know, the next step in the process is to develop an Implementation Plan which will detail specific steps to be taken to reach the broad goals included in the Comprehensive Plan. Action Requested: Resolved that the Town Board hereby adopts the attached resolution regarding a negative declaration finding and adoption of the Comprehensive Plan. Attachment/s: Resolution Adopting Negative Declaration Negative Declaration 2024-4 Page 296 of 332 RESOLUTION DECLARING THAT THE ADOPTION OF THE COMPREHENSIVE PLAN WILL NOT HAVE A SIGNIFICANT EFFECT UPON THE ENVIRONMENT (NEGATIVE DECLARATION) AND ADOPTING THE COMPREHENSIVE PLAN On the motion of seconded by the following was voted upon Whereas, in 2021, the Town Board determined that the Town's Comprehensive Plan should be updated, and Whereas, on October 26, 2021, the Town engaged the Pace School of Law Land Use Law Center (Pace) to assist with gathering and synthesizing data and writing drafts of a Comprehensive Plan, and Whereas, on April 19, 2023, the Town engaged Kevin Dwarka LLC as an expert to assure that the Town Board's procedure for considering a Comprehensive Plan complies with the State Environmental Quality Review Act, and Whereas, the Town formed a Steering Committee comprised of local citizens whose task included developing possible goals for both the near and long term to be set forth in a Comprehensive Plan, and Whereas, after its formation, the Steering Committee and Pace engaged in a robust process to solicit comments and opinions from the general public and others regarding the goals to be included in the Town's Comprehensive Plan by conducting workshops, focus groups and multiple meetings,including meetings of the Steering Committee, and Whereas, the Town received multiple comments either through in-person presentations or through written or electronic communication from citizens and others interested in the content of the Town's Comprehensive Plan, and Whereas, the Town Board reviewed numerous drafts of a proposed Comprehensive Plan prepared by Tiffany Zezula of Pace with the assistance of Kevin Dwarka LLC, and Whereas, the Town Board's review and revision led to a final draft of a proposed Comprehensive Plan that the Town Board determined to be worthy of public discussion, and Whereas, on January 24,2024, the Town Board resolved (a) to be the Lead Agency under the State Environmental Quality Review Act (SEQRA) for the review of the proposed Comprehensive Plan, and (b) that the adoption of a comprehensive plan is an Unlisted Action under SEQRA, and Page 297 of 332 Whereas, a Long Form Environmental Assessment Form was prepared to determine what, if any, significant adverse environmental impacts there may be if the Town Board were to adopt the proposed Comprehensive Plan, and Whereas, the Town Board as Lead Agency has reviewed that Long Form Environmental Assessment Form, and Whereas, pursuant to section 272-a of the NY Town Law, the Town Board referred the proposed Comprehensive Plan to the Westchester County Department of Planning, and Whereas, the Westchester County Department of Planning submitted written comments about the proposed Comprehensive Plan, and Whereas, the Town Board has considered the comments made by the Westchester County Department of Planning, and Whereas, the Town Board directed that drafts of the proposed Comprehensive Plan be sent to the Village of Mamaroneck and the Village of Larchmont, and Whereas, drafts of the proposed Comprehensive Plan were sent to the Village of Mamaroneck and the Village of Larchmont, and Whereas, neither Village has submitted any comments to the proposed Comprehensive Plan, and Whereas, on April 10, 2024, the Town Board opened a public hearing to discuss whether it should adopt the proposed Comprehensive Plan as the Town's Comprehensive Plan, and Whereas,that hearing was continued on April 24, 2024 and May 8, 2024, and Whereas,that public hearing was closed on May 8, 2024. NOW, THEREFORE,BE IT RESOLVED, that the Town Board adopts the Long Form Environmental Assessment Form, and BE IT FURTHER RESOLVED, that for the reasons contained in the annexed NEGATIVE DECLARATION, the terms of which hereby are approved and which by this resolution hereby are adopted, the Town Board finds that the adoption of the proposed Comprehensive Plan will not result in 2 Page 298 of 332 significant adverse impacts upon the environment and therefore there is no reason to prepare an environmental impact statement, and BE IT FURTHER RESOLVED, that the proposed Comprehensive Plan hereby be and the same is adopted as the Comprehensive Plan of the Town of Mamaroneck. The above resolution was put to a roll call vote: Nambiar Nichinsky King Fiddelman Elkind Eney 5-03-24 3 Page 299 of 332 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of No-Significance Date: May ,2024 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town Board of the Town of Mamaroneck, as lead agency, has determined that the proposed action described below will not have a significant impact upon the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Adoption of an updated comprehensive plan for the Town of Mamaroneck. SEQR Status: Type 1 No Unlisted Yes Conditioned Negative Declaration: No Description of Action: The Town Board, acting in accordance with section 272-a of the New York Town Law, is considering adopting an update to the Town of Mamaroneck's comprehensive plan. Location: The entire unincorporated area of the Town of Mamaroneck Reasons Supporting This Determination: The adoption of an update to the Town of Mamaroneck's comprehensive plan(Plan)does not commit the Town to any particular action at the present time. Rather the Plan announces the Town's policy for its future. It contains a series of goals for both the near and long term identified by the Town Board with the assistance of experts and the robust input of citizens of the Town. Implementing those goals and policies may result in some potentially significant adverse environmental impacts, but those impacts cannot be evaluated at this time because no specific projects are being proposed now. Page 300 of 332 While adopting the Plan in and of itself will not result in significant adverse environmental impacts, future actions seeking to implement the policies and goals of the Plan may have the potential for adverse environmental impacts of varying degrees. As particular projects contained in the Plan proceed to implementation, each will be reviewed by the Town Board and/or the Town's other land use boards against the backdrop of their potential effect upon the environment and separate determinations of significance for each one will be made. In making its determination that the adoption of an update to the Plan will result in no significant adverse impacts upon the environment and therefore there is no reason to prepare an environmental impact statement, the Town Board relied upon the Environmental Assessment Form prepared for its consideration of environmental significance, the Technical Memorandum prepared by one of its experts, Kevin Dwarka, PhD dated April 19, 2024, the ongoing advice of Tiffany Zezula. If Conditional Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 Days from date of publication in the ENB): Not Applicable For Further Information: Contact Person: Meredith S. Robson, Town Administrator Address: 740 West Boston Post Road, Mamaroneck, NY 10543 Telephone Number: 914-381-7810 For Type 1 Actions and Conditioned Negative Declarations,a Copy of this Notice is sent to: Chief Executive Officer of the Town/City/Village of the: Town of Mamaroneck Other involved agencies(if any): Westchester County Planning Department Applicant(if any): Not Applicable Environmental Notice Bulletin (Type One Actions only): Not Applicable 2 Page 301 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Bond Resolution for Parks Building (H5191) $2,470,000 Date: May 1, 2024 This is for the demolition and replacement of the parks building in Memorial Park that was damaged in Storm Ida. The structure will be a two-story building. The bottom floor will be storage and work area for the Town Park's equipment and the second story will be a work area for the Town's sign shop. The total cost of the project is estimated to be $2,921,280 of which we received $127,280 from insurance and a transfer from the General Fund of $324,000. The balance of $2,470,000 will be bonded. The bond resolution is attached. Action Requested: WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment;NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The construction of a new Parks Building at Memorial Park, in and for the Town of Mamaroneck, Westchester County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $2,921,280. Section 2. The plan for the financing of the aforesaid maximum estimated cost is as follows: Page 302 of 332 a) By the issuance of $2,470,000 bonds of said Town hereby authorized to be issued therefor,pursuant to the provisions of the Local Finance Law; and b) By the appropriation and expenditure of $451,280 other monies of said Town, which expenditure is hereby authorized therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five (25) years, pursuant to subdivision 11(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Page 303 of 332 Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Page 304 of 332 73 u_r "v t1? n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: May 1, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Bond Resolution for Parks Building (H5191) $2,470,000 General: This is for the demolition and replacement of the parks building in Memorial Park that was damaged in Storm Ida. The structure will be a two-story building. The bottom floor will be storage and work area for the Town Park's equipment and the second story will be a work area for the Town's sign shop. The total cost of the project is estimated to be $2,921,280 of which we received $127,280 from insurance and a transfer from the General Fund of $324,000. The balance of $2,470,000 will be bonded. The bond resolution is attached. Page 305 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Bond Resolution for Road Reconstruction (H5104) $1,075,300 Date: May 1, 2024 This project includes the reconstruction/resurfacing of roads that have been prioritized based on a road condition analysis. The 2024 total reconstruction plan is estimated to be $1,468,807 of which $208,117 is remaining funding from last year's paving and 2024 CHIPS funding of $185,390. The balance of$1,075,300 will be bonded. Debt service will be paid by the Highway Fund. Action Requested: WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment;NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Reconstruction of various roads, throughout and in and for the Town of Mamaroneck, Westchester County, New York, including drainage, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as other incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $1,075,300. Page 306 of 332 Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of$1,075,300 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding Page 307 of 332 contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Page 308 of 332 73 u_r "v t1? n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: May 1, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Bond Resolution for Road Reconstruction (H5104) $1,075,300 General: This project includes the reconstruction/resurfacing of roads that have been prioritized based on a road condition analysis. The 2024 total reconstruction plan is estimated to be $1,468,807 of which $208,117 is remaining funding from last year's paving and 2024 CHIPS funding of $185,390. The balance of$1,075,300 will be bonded. Debt service will be paid by the Highway Fund. Page 309 of 332 41/4 Lu 4 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Bond Resolution for Highway Vehicles (H5106) $505,600 Date: May 1, 2024 In accordance with the vehicle replacement plan, this project deals with two highway vehicles are beyond their useful life. The two trucks include a payloader and a dump truck with a salt spreader to replace a 2009 payloader and a 2005 dump truck. Debt service will be paid by the Highway Fund. Action Requested: A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE PURCHASE OF CONSTRUCTION AND MAINTENANCE EQUIPMENT, FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY,NEW YORK, AT A MAXIMUM ESTIMATED COST OF $505,600 AND AUTHORIZING THE ISSUANCE OF $505,600 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment;NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase of construction and maintenance equipment, each item of which costs $30,000 or over, for the Town of Mamaroneck, Westchester County, New York, including incidental equipment and expenses in connection therewith, is hereby authorized at a maximum estimated cost of$505,600. Page 310 of 332 Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of$505,600 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: Page 311 of 332 1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Page 312 of 332 "v I n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: May 1, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Bond Resolution for Highway Vehicles (H5106) $505,600 General: In accordance with the vehicle replacement plan, this project deals with two highway vehicles are beyond their useful life. The two trucks include a payloader and a dump truck with a salt spreader to replace a 2009 payloader and a 2005 dump truck. Debt service will be paid by the Highway Fund. Page 313 of 332 41/4 Lu 4 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Bond Resolution for Highway Garage - for Tree Equipment (H5138) $793,000 Date: May 1, 2024 This project involves partial demolition and replacement of the Highway Garage that is used to store the Town's tree equipment. The building has structural fatigue and settlement and is too small to store the tree equipment. The total cost of the project is estimated to be $1,178,000 of which $385,000 was previously bonded for in 2021. The balance of$793,000 will be bonded in 2024. Action Requested: A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE CONSTRUCTION OF A NEW TREE EQUIPMENT GARAGE, IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A REVISED MAXIMUM ESTIMATED COST OF $1,178,000 AND AUTHORIZING THE ISSUANCE OF $793,000 SERIAL BONDS OF SAID TOWN TO PAY A PORTION OF THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment; and WHEREAS, by a bond resolution dated June 16, 2021, the Town Board of the Town of Mamaroneck, Westchester County, New York, authorized the issuance of $385,000 serial bonds of said Town to pay the cost of the construction of a new tree equipment garage, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, in and for said Town; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, Page 314 of 332 BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The construction of a new tree equipment garage at the site of the existing Town Highway garage , including demolition of the existing garage, in and for the Town of Mamaroneck, Westchester County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, is hereby authorized at a revised maximum estimated cost of$1, 178,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is as follows: a) by the issuance of the $385,000 bonds of said Town authorized to be issued pursuant to the aforesaid bond resolution dated and duly adopted on June 16, 2021; and b) by the issuance of an additional $793,000 bonds of said Town hereby authorized to be issued therefor, pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five (25) years, pursuant to subdivision 11(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations therefor, pursuant to the bond resolution dated and duly adopted on June 16, 2021. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the Page 315 of 332 name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Page 316 of 332 u_r "v t1? n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: May 1, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Bond Resolution for Highway Garage - for Tree Equipment(H5138) $793,000 General: This project involves partial demolition and replacement of the Highway Garage that is used to store the Town's tree equipment. The building has structural fatigue and settlement and is too small to store the tree equipment. The total cost of the project is estimated to be $1,178,000 of which $385,000 was previously bonded for in 2021. The balance of$793,000 will be bonded in 2024. Page 317 of 332 41/4 Lu 4 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Bond Resolution for Curb Improvements (H5173) $293,000 Date: May 8, 2024 This project includes Curb improvements on Howell Ave, ADA ramps on New Jefferson/ N. Chatsworth; Edgewood&N. Chatsworth Debt service will be paid by the Highway Fund. Action Requested: A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, CURB IMPROVEMENTS THROUGHOUT AND IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $293,000 AND AUTHORIZING THE ISSUANCE OF $293,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment;NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Curb improvements throughout and in and for the Town of Mamaroneck, Westchester County, New York, including incidental improvements and expenses in connection therewith,is hereby authorized at a maximum estimated cost of$293,000. Page 318 of 332 Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of$293,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or Page 319 of 332 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Page 320 of 332 u_r "v 1; n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: May 8, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Bond Resolution for Curb Improvements (H5173) $293,000 General: This project includes Curb improvements on Howell Ave,ADA ramps on New Jefferson/ N. Chatsworth; Edgewood&N. Chatsworth Debt service will be paid by the Highway Fund. Page 321 of 332 1 ul 1 rri Town of Mamaroneck in # x Town Center FOUNDED 1661 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 CC: Tracy Yogman, Town Comptroller Allison May, Town Clerk Re: Rescinding Certain Bond Resolutions Adopted by the Town Board in 2017 and 2019 Date: May 1, 2024 This resolution is required to rescind the remaining funds of these bonds from 2017 and 2019. The Town Board had adopted these bond resolutions for various projects, but it has now been determined that the full amount of the financing authorizations will not be required for the capital projects. We should now consider rescinding the portion of these bonds not yet utilized or needed. Action Requested: WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York (the "Town")has heretofore duly adopted bond resolutions of said Town for certain purposes as hereinafter described; and WHEREAS, it has now been determined that said financing authorizations will not be required for said capital projects and it is now desired to repeal said serial bond authorizations, or a portion thereof to the extent not heretofore utilized; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than a majority of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The serial bond authorizations of the bond resolutions hereinafter specified are each hereby repealed; provided, however, such repeal shall only be effective to the extent any such authorization to be repealed has not heretofore been utilized for the issuance of obligation of the Town therefor: DATE PROJECT BONDS BONDS AUTHORIZED REPEALED June 21, 2017 Sewer District No. $ 11,100,000 $ 7,170,000 Page 322 of 332 DATE PROJECT BONDS BONDS AUTHORIZED REPEALED 1 Improvements February 20, 2019 Comprehensive $ 248,000 $ 68,000 Master Plan Consolidated June 5, 2019 Water District (Rye $ 2,863,500 $ 586,000 Lake Facility) Section 2. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY AND NEITHER PUBLICATION NOR POSTING SHALL BE REQUIRED. Page 323 of 332 6 o u1 # 1 + Town of Mamaroneck Town Center • FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: May 1, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Rescinding Certain Bond Resolutions Adopted by the Town Board in 2017 and 2019 General: This resolution is required to rescind the remaining funds of these bonds from 2017 and 2019. The Town Board had adopted these bond resolutions for various projects, but it has now been determined that the full amount of the financing authorizations will not be required for the capital projects. We should now consider rescinding the portion of these bonds not yet utilized or needed. Page 324 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Set a Public Hearing for Increase and Improvements to Garbage District 1 [Bond Resolution for Garbage Truck(H8609) $444,000] Date: May 2, 2024 In accordance with the five-year vehicle replacement plan, this proposed new truck will replace an aging truck in the fleet. Debt service will be paid by the Garbage Fund. This is the first step, to set a public hearing for June 5th, after which the Town Board will be able to adopt a public interest order and then a bond resolution for the $444,000. Action Requested: WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York (the "Garbage District"), being the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$444,000; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed, it has been determined will not result in a significant environmental effect; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Garbage District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County,New York, as follows: Page 325 of 332 Section 1. A public hearing will be held in the Town Center, in Mamaroneck ,New York, in said Town, on June 5, 2024, at 8 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. Page 326 of 332 u_r "v t1? n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: May 2, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Set a Public Hearing for Increase and Improvements to Garbage District 1 [Bond Resolution for Garbage Truck(H8609) $444,000] General: In accordance with the five-year vehicle replacement plan, this proposed new truck will replace an aging truck in the fleet. Debt service will be paid by the Garbage Fund. This is the first step, to set a public hearing for June 5th, after which the Town Board will be able to adopt a public interest order and then a bond resolution for the $444,000. Attachment/s: 6 - PH Notice for Garbage Truck H8609 06-05-2024 Page 327 of 332 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Center, in Mamaroneck, New York, in said Town, on June 5, 2024, at 8 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain estimate of cost, in relation to the proposed increase and improvement of the facilities of Garbage District No. 1, in said Town, being the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $444,000. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck,New York, May 8, 2024. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY,NEW YORK Allison May Town Clerk Page 328 of 332 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Set a Public Hearing for the Increase and Improvements to Water District 1 [Bond Resolution for Park Lane Water Storage Tank(H1397) $392,500] Date: May 2, 2024 Rehabilitation is required for the Park Lane Water Storage Tank #2 to avoid structural steel failures and extend the useful life of the water tank and to meet current regulatory requirements. Debt service will be funded through water rate increases and paid by the Water District Fund. This is the first step of the project which requires a public hearing be set, after which the Town Board will be able to adopt a public interest order and then a bond resolution for the $392,500. Action Requested: WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County,New York(the "Water District"), being the rehabilitation of the Park Lane Storage Tank #2 (Town share), including original furnishings, equipment, machinery, apparatus, appurtenances, and other improvements and expenses in connection therewith, at a maximum estimated cost of$392,500; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed, it has been determined will not result in a significant environmental effect; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Water District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County,New York, as follows: Page 329 of 332 Section 1. A public hearing will be held in the Town Center, in Mamaroneck , New York, in said Town, on June 5, 2024, at 8 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. Page 330 of 332 73 vt; '- Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: May 2, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Tracy YogmanTown Comptroller Subject: Set a Public Hearing for the Increase and Improvements to Water District 1 [Bond Resolution for Park Lane Water Storage Tank(H1397) $392,500] General: Rehabilitation is required for the Park Lane Water Storage Tank #2 to avoid structural steel failures and extend the useful life of the water tank and to meet current regulatory requirements. Debt service will be funded through water rate increases and paid by the Water District Fund. This is the first step of the project which requires a public hearing be set, after which the Town Board will be able to adopt a public interest order and then a bond resolution for the $392,500. Attachment/s: 8 - PH Notice for WD 06-05-2024 Page 331 of 332 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Center, in Mamaroneck, New York, in said Town, on June 5, 2024, at 8 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report and estimate of cost, in relation to the proposed increase and improvement of the facilities of Water District No. 1, in said Town, being the rehabilitation of the rehabilitation of the Park Lane Storage Tank#2 (Town share), including original furnishings, equipment, machinery, apparatus, appurtenances, and other improvements and expenses in connection therewith, at a maximum estimated cost of $392,500. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, May 8, 2024. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY,NEW YORK Allison May Town Clerk Page 332 of 332