Loading...
HomeMy WebLinkAbout2024_09_04 Town Board Meeting Packet ot w � FOUNDED 1661 Town of Mamaroneck Town Board Agenda Wednesday, September 4, 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 D located on the First Floor at the Town Center. CALL TO ORDER WORK SESSION ITEMS 1. Discussion - Complete Streets Project - Mike Smeets, Resident 2. Discussion - Amendment to the Noise Ordinance 3 - 12 Amendment to the Noise Ordinance - Pdf 3. Discussion - 2024 Capital Budget Amendments 13 - 15 2024 Capital Budget Amendments - Pdf 4. Discussion - GAR Associates Agreement 16 - 30 GAR Associates Agreement - Pdf 5. Discussion - DTS Provident Design Engineering, LLP Proposal 31 - 40 DTS Provident Design Engineering, LLP Proposal - Pdf 6. Request for Executive Session 7. Additions to Regular Meeting Agenda 8. Updates 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in the Conference Room C Located on the First Floor floor of the Town Center. The Public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER SUPERVISOR'S REPORT PUBLIC HEARING(S) 1. Notice of Public Hearing RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS 1. CDBG Application - Senior Center Generator 41 Page 1 of 129 CDBG Application - Senior Center Generator - Pdf BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 42 - 44 Fire Claims - Pdf 3. Fire Report 4. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of DTS Provident Design Engineering, LLP Proposal 45 - 54 DTS Provident Design Engineering, LLP Proposal - Pdf 2. Consideration to Set a Public Hearing - Amendment to the Noise Ordinance 55 - 64 Amendment to the Noise Ordinance - Pdf 3. Consideration of Approval - 2024 Capital Budget Amendments 65 - 67 2024 Capital Budget Amendments - Pdf 4. Consideration of Approval - GAR Associates Agreement 68 - 82 GAR Associates Agreement - Pdf 5. Consideration of Appointment to Coastal Zone Commission REPORTS OF MINUTES 1. Report of Minutes of September 6, 2023 83 - 129 2023-09-06 Final Minutes REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT REGULARLY SCHEDULED MEETING - (DATE) Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 2 of 129 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: Amendment to the Noise Ordinance Date: August 14, 2024 Please see the attached proposed amendment to the noise ordinance from Town Attorney, William Maker. There have been no changes to this amendment since the August 14th Town Board meeting. If the Board is satisfied with the current amendment, I recommend setting a public hearing for the September 18th Town Board meeting. Action Requested: Resolved that the Town Board hereby sets a public hearing for "Amendment of Local Law No. 1 of 2024"for the September 18,2024 Town Board meeting. Attachment/s: 2024-8-09-LL exempt golf and mx transmitting rvsd. Page 3 of 129 0 IF o .�A0 Town of Mamaroneck cl ; County of Westchester •FOUNDED 6s,� 740 West Boston Post Road, Mamaroneck,NY 10543-3353 COUNSEL TEL: 914 / 381-7815 FAX: 914/ 381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson,Town Administrator From: William Maker,Jr., Attorney for the Town Subject: Amendment to the Noise ordinance Date: August 9, 2024 When Local Law No. 1 of 2024 was passed, its time restrictions on the use of power tools included the golf clubs in Town which use power tools to maintain and prepare for daily activities. Such restrictions on golf clubs had not existed previously. This law amends the section in Local Law No. 1 containing the inadvertent restriction by eliminating it. The proposed law is presented in both a redlined version of the pertinent section of Local Law No. 1 and in a 'clean' condition. Though the topic is different, this proposal is consistent with the provision of Local Law No. 1 that distinguishes properties in the Recreation District(i.e. the golf clubs)by allowing such properties to continue to use gasoline-powered leaf blowers after December 31, 2024. It also is similar to exemptions from noise ordinances for golf clubs in other Westchester communities,see e.g. section 205-5 (0) of the Code of the Village of Scarsdale, section 122-5 (D) of the Code of the City of Rye and 224-26 (L) (4) of the Code of the Village of Dobbs Ferry. A copy of each of these sections is attached. If the Town Board considers the matter worthy of public discussion, it can set a public hearing where the adoption of this law would be the topic. Page 4 of 129 Local Law No. -2024 This local law shall be known as the "Amendment of Local Law No. 1 of 2024" law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: Local Law No. 1 of 2024, entitled 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 overhauled the Town Code with respect to the operation of power tools and leaf blowers. In doing so, the Law inadvertently imposed restrictions upon the properties in the Town's Recreation zoning district that had not existed previously. This law eliminates the inadvertent restriction. Section 2—Amendment of a current section 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: other than a power tool designed to remove snow, in the zonin districts of the unincorporated area of the Town, other than the Recreation District:R 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. Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. August 2,2024 Page 5 of 129 Local Law No. -2024 This local law shall be known as the "Amendment of Local Law No. 1 of 2024" law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —Purpose: Local Law No. 1 of 2024, entitled 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 overhauled the Town Code with respect to the operation of power tools and leaf blowers. In doing so, the Law inadvertently imposed restrictions upon the properties in the Town's Recreation zoning district that had not existed previously. This law eliminates the inadvertent restriction. Section 2—Amendment of a current section 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, other than a power tool designed to remove snow,in the zoning districts of the unincorporated area of the Town, other than the Recreation District: R, 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. Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. August 2,2024 Page 6 of 129 ,sdale,NY NOISE § 205-5 and for the minimum duration suggested by the manufacturer. Such testing/exercising of a generator shall not be conducted on any legal holiday. During such testing, the sound level limit shall be no more than 70 dBA measured at the real property line of the parcel of land in which the affected person is located.No person shall at any time operate a generator before 8:00 a.m.or after 6:00 p.m.,Monday through Friday, and before 10:00 a.m. or after 5:00 p.m. on Saturdays or at any time on Sundays and legal holidays, unless there is a power outage. Generators used on a permitted construction site may not exceed 65 dBA measured at the real property line of the parcel of land in which the affected person is located. L. Mechanical equipment. It shall be unlawful for any person in the operation of any air-conditioning equipment or part thereof or any other type of mechanical equipment or apparatus installed on or connected to a structure to make,continue or cause to be made any noise disturbance.The sound level limit for all mechanical equipment shall be 60 dBA measured at the real property line of the parcel of land in which the affected person is located. M. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a frequent,repetitive or continuous noise disturbance across the real property line of the parcel of land in which the affected person is located is prohibited and is also prohibited before 8:00 a.m. or after 6:00 p.m., Monday through Friday, and before 10:00 a.m. or after 5:00 p.m. on Saturdays or at any time on Sundays and legal holidays. §205-5. Exemptions. �� COD �-- The following sounds are exempt from the regulations of this chapter: A. Sounds from power tools used for landscaping, lawn mowers and garden equipment, excluding gasoline blowers, when operated between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday,and between the hours of 10:00 a.m.and 5:00 p.m.on Saturdays,Sundays,and legal holidays. All motorized equipment used in these activities shall be operated with a muffler. B. Sounds produced in conjunction with any military or civic parade. C. Sound from a snowblower, snow thrower, electric snow shovel or snowplow used for the purpose of snow removal between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, and between the hours of 10:Q0 a.m. and 5:00 p.m. on Saturdays, Sundays,and legal holidays. D. Sound from an exterior burglar alarm of any building,provided that such alarm shall terminate within 15 minutes after it has been activated. E. Sound used for the purposes of alerting a person of an emergency. F. Sound from the performance of emergency work. G. Sound from a municipally sponsored event. H. National Warning System (NAWAS); systems used to warn the community of attack or imminent public danger such as flooding, explosion or hurricane. I. Sounds from municipal-sponsored projects,work or repairs as ordered by the Village Manager,or his or her designee,including public or private garbage pickup. J. Motor vehicles on public roadways otherwise in compliance with § 205-5E. K. The unamplified human voice is exempt from the sound restrictions of this chapter;however, it may Downloaded from https://ecode360.com/SC0993 on 2024-07-25 Page 7 of 129 arsdale,NY J5-5 SCARSDALE CODE § 205-7 be determined that an individual is creating a noise disturbance pursuant to § 205-3. L. Surface carriers engaged in commerce by railroad. M. Noise of aircraft flight operations. N. Sounds generated by, or associated with,organized sporting events of any public or private school or generated by, or associated with, any sport or recreational activity sponsored or permitted by the Village. olf courses when conducting normal groundskeeping operations, except that all other noise which is piamiy audible shall be subject to the provisions of this chapter. §205-6. Enforcement. The Code Enforcement Officer, the Building Inspector of the Village of Scarsdale and/or the Village Police Department is hereby empowered and authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. §205-7. Penalties for offenses. Violation of this chapter shall be punishable as follows: A. By a fine no less than$250 for the first violation. B. For a second offense occurring within one year of the first offense,a fine no less than$500. C. For a third or further offense occurring within one year of the first offense,a fine no less than$1,000. D. Each day that a violation of this chapter exists may constitute a separate violation.If the sound source found to be in violation is'a sound production device, each separate hour in which a violation of this chapter exists may constitute a separate violation. The owner of the property and/or the owner of the commercial establishment from which sound is emitted and the person causing the generation of the sound may be separately liable for a violation of this chapter. Downloaded from https://ecode360.com/5C0993 on 2024-07-25 Page 8 of 129 :ye,NY 1 122-3 CITDRYE § 122-7 § 122-3. Use of electric leaf blowers. Effective January 1, 2023, electric leaf blowers may be used for landscaping activities on a year-round basis. § 122-4. Use of gas leaf blowers. Effective January 1, 2023, gas leaf blowers may only be used during the Fall and Spring cleanup seasons defined as from October 1 to December 15 and from March 1 to April 30.At all other times of the calendar year,the use of gas leaf blowers is prohibited. Except in R-1 Residence Districts, and on lots greater than one acre in size,only one gas leaf blower may be utilized per lot during the Fall and Spring cleanup seasons as defined above. (§122-5. Days and hours of operation of motorized landscaping equipment. A. The use of motorized landscaping equipment,including lawn mowers,leaf blowers and other outdoor machine-powered equipment, is permitted only between 8:00 a.m. and 6:00 p.m. on weekdays and 10:00 a.m.and 4:00 p.m.on weekends.The permitted hours described in this subsection will apply to the use of gas leaf blowers during the Fall and Spring cleanup seasons when the use of gas leaf blowers is permitted. B. The use of motorized landscaping equipment,including lawn mowers,leaf blowers and other outdoor machine-powered equipment, is not permitted on holidays, Rosh Hashanah or Yom Kippur. [Amended 6-14-2023 by L.L.No. 9-2023] C. The head of the Rye Department of Public Works may permit the expanded use of gas leaf blowers, or use of motorized landscaping equipment, on holidays, for a period not to exceed 14 days after significant storm events or during other emergency situations. 0DThe restrictions regarding the use of motorized landscaping equipment, including gas leaf blowers . and other outdoor machine-powered equipment, in this chapter shall not apply to the following entities and activities: municipal, schools, religious institutions, membership clubs, olf courses, hospital and retirement communities,cemeteries,and driveway/road paving and sealing activities. E. The above restrictions shall not apply to snowblowers or use of motorized equipment for the purposes of snow or ice removal. F. Moving leaves or yard debris to City streets, public property, storm drains or abutting lots is prohibited at all times. § 122-6. Enforcement. The provisions of this chapter shall be enforced by the City of Rye Police Department, the Rye Building Department or any other City employee designated by the City Manager. §122-7. Penalties for offenses. A. Gas leaf blowers. The following parties shall have committed a violation of this chapter if it is not complied with: (1) The party(ies)operating the gas leaf blower(s); and (2) The party who employed the person(s) who operated the gas leaf blower(s) at the time of Downloaded from https://ecode360.com/RY0730 on 2024-07-25 Page 9 of 129 JoQc P Village of Dobbs Ferry, NY Friday,August 2, 2024 Chapter 234. Peace and Good Order Article VIII. Noise § 234-26. Unnecessary noise. It shall be unlawful for any person to make, continue or cause to be made or continued any of the following acts producing audible sound, which are hereby declared to be loud, disturbing and unnecessary noise in violation of this article: A. Horns, signaling devices, etc. The sounding of any horn or other signaling device, including but not limited to sirens, on any automobile, motorcycle or other vehicle, other than an emergency vehicle, on any street or public place, except as a danger or burglar warning. B. Car alarms. The sounding or allowing to be sounded of any vehicle alarm for any reason other than an emergency on any vehicle parked on any street or public place within the Village of Dobbs Ferry for a length of time which exceeds 10 minutes. For the purpose of this article, the registered owner of the vehicle shall be deemed the person responsible for any violation involving an unoccupied vehicle. More than two instances of an alarm sounding on the same vehicle for any cause other than an emergency within an eight-hour period shall authorize the towing of the offending vehicle at the owner's expense from any public area or area accessible to the public. C. Burglar, intruder, security, etc., alarms. The sounding or allowing to be sounded of any burglar, intruder or security or fire alarm at a residence or a commercial establishment for a length of time that exceeds 10 minutes, for any reason other than an emergency for which the system was designed and installed. For the purpose of this article, the owner of the property, or the lessee, if said lessee is responsible for maintenance of the alarm system, shall be deemed the person responsible for any violation involving a nonemergency sounding of the alarm. More than two instances of an alarm sounding at the same location for any cause other than an emergency within an eight-hour period shall be cause for the imposition of a fine or such penalty as provided by this article or the Board of Trustees of the Village of Dobbs Ferry. D. Radios, televisions, electronic sound-reproduction devices, etc. The using, operating or permitting to be played, used or operated of any radio, musical instrument or instruments, phonograph or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto. "Neighboring inhabitants" shall also be interpreted to mean those persons in close proximity to the operator of an above-listed device in a park or playground. The operation of any such set, instrument, phonograph, machine or device between the hours of 12:00 midnight and 7:30 a.m. in such manner as to be plainly audible on adjacent properties shall be prima facie evidence of a violation of this section. E. Loudspeakers (amplifiers for advertising). The using, operating or permitting to be played, used or operated of any radio, musical instrument or instruments, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to a building or a structure. Page 10 of 129 F. Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets or any public place at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity shall be enforceable under the provisions of the New York State Penal Law in accordance with the specific provisions of New York State Penal Law§ 240.20. G. Animals. The keeping or harboring of any animal which barks, whines or makes any other noise continuously for a period of 10 minutes or more at a volume which can be heard anywhere beyond the owner's premises. For the purpose of this subsection, "continuously" shall mean constant, without any period of silence that exceeds 30 seconds. H. Blowers and fans. The operation of any blower, power fan or any internal combustion engine, the operation of which causes noise due to the detonation of operating gases or fluids or the expulsion of air, unless the noise from such blower or fan is muffled and such engine is equipped with a properly functioning muffler or baffling device or effective noise-absorbent material sufficient to deaden such noise. The decibel level generated by any such equipment covered by this section shall not exceed 65 db when measured from an adjacent or nearby property where said noise is alleged to be disturbing the peace, quiet and enjoyment of said property. I. Leaf blowers and outdoor power tools. [Amended 5-13-2008 by L.L. No. 4-2008; 11-12-2013 by L.L. No. 9-2013] (1) The use of all leaf blowers, excluding electric-powered, are prohibited except between March 15 and May 15 and October 15 and December 15, and then only from 8:00 a.m. until 6:00 p.m. on Monday through Friday, and 10:00 a.m. until 5:00 p.m. on Saturday, Sunday and holidays. [Amended 6-22-2021 by L.L. No. 2-2021] (2) The operation of any engine-driven power tool or motorized equipment before 7:30 a.m. and after 6:30 p.m., Monday through Friday, and before 9:00 a.m. and after 5:00 p.m. on Saturdays, Sundays and legal holidays is prohibited, except that grass may be cut with an internal combustion engine lawn mower by the occupant of the premises on any day between the hours of 5:00 p.m. and 8:00 p.m. Any such tool or equipment shall be properly equipped with a muffler or other properly installed manufacturer-approved noise-reduction device so designed and in such condition as to prevent unnecessary noise and to prevent a public nuisance in its operation. (3) Promulgation of additional rules and regulations. The Village Administrator is authorized to promulgate rules, regulations and standards applicable to the above power tools and 1 equipment in an effort to control such noise and lessen the effect of that noise on the quality of life of the Village. Such rules shall not become effective until approved by the Village Board of Trustees. (4) Exceptions to this subsection: (a) Golf course operations uunicipal and school employees while in the performance of their regular duties beyond 100 feet from the nearest residence. (b) Utility companies, municipal and school employees or property owners and/or their subcontractors while performing emergency repairs. J. Restaurants. The playing, causing to be played or permitting to be played of music of any kind or description, including instrumental music, radio, player piano, jukebox, recorded, electronically produced or vocal music, which interferes with the repose, health, comfort, safety or welfare of any person and is plainly audible from adjacent properties, between the hours of 12:00 midnight and 7:30 a.m. in any restaurant, bar, tavern and/or other public place licensed to sell liquors, wines or beer to be consumed on the premises. K. Motor vehicle radios. The use or operation of any radio, tape player, disc player or other electronic sound-reproduction device located within a motor vehicle being operated or parked on any public street or place accessible to the public in such manner as to disturb the peace and repose of persons in their homes, businesses or on the streets, or at any time, with louder volume than is Page 11 of 129 necessary for convenient hearing of the person or persons who are voluntary listeners within the vehicle. The operation of any such radio or electronic sound-reproduction device with a vehicle in such a manner as to be audible to those outside the vehicle at a distance of 25 feet or more from the source, as best that point can be estimated without the use of any distance-measuring device, regardless of the time of day, shall be prima facie evidence of a violation of this section. Said 25 feet may be measured horizontally or vertically. L. Construction. Causing or committing to be caused unnecessary noise during the erection, excavation, demolition, alteration or repair of any building or structure. [Amended 11-12-2013 by L.L. No. 9-2013] (1) Homeowners may, if performing their own work (without aid of a subcontractor or employee) of erection, excavation, demolition, alteration or repair of any building or structure on their own premises, do so between 7:30 a.m. and 6:30 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m., Saturdays, Sundays and holidays. (2) Work involving the use of machinery, including but not limited to rock breaking, pile driving, riveting, power sandblasting and chain sawing, that emits continuous sounds, audible from a distance of 300 feet or more from the work site, must cease for 30 minutes within every three hours of operation to provide respite to the surrounding community. Work by anyone using machinery, including but not limited to rock breaking, pile driving, riveting, power sandblasting and chain sawing, shall commence at 7:30 a.m. and end at 6:30 p.m., Monday through Friday, and commence at 9:00 a.m. and end at 5:00 p.m. on Saturdays. No such work shall be performed on Sundays or holidays. M. Noise generated by any establishment that impacts its neighbors. Creating noise that disturbs the peace, quiet and comfort of the neighboring residential inhabitants by any establishment, including businesses, commercial establishments, houses of worship or educational institutions in an industrial zone or in a residential or business zone, between 6:30 p.m. and 7:30 a.m., Monday through Friday, and 5:00 p.m. to 9:00 a.m. Saturdays, Sundays and holidays. Noise that is plainly audible at a distance of 25 feet or more from the source, as best that point can be estimated without the use of any distance-measuring device, during the hours specified, shall be prima facie evidence of a violation of this section. Establishments in violation of this provision may be required by the Board of Trustees to make modifications, alterations or other changes to their structure in order to come into compliance with this provision. [Amended 11-12-2013 by L.L. No. 9-2013] N. Motor vehicles. (1) Noise emanating from the operation of motor vehicles on public highways is regulated by the New York State Vehicle and Traffic Law. The maximum levels set forth in the Vehicle and Traffic Law for the operation of vehicles on public highways, as they may be amended from time to time, are hereby designated to be the maximum permissible noise levels for the operation of motor vehicles on all other property as well as public highways within the Village of Dobbs Ferry.[1] [1] Editor's Note: See Vehicle and Traffic Law§386. (2) Allowing the engine of a truck or bus, including school buses, to idle while the vehicle is standing for a period exceeding five minutes, with the exception of vehicles with refrigeration systems where the engine must be running in order to power the refrigeration unit. O. Exhausts and mufflers generally. Causing or permitting the operation of any device, fan, vehicle, construction equipment, lawn maintenance equipment, including but not limited to any diesel engine, internal combustion engine or turbine engine, that has been modified or becomes defective so as to cause the level of sound emitted to be greater than that emitted when originally manufactured, nor shall any person operate said devices, equipment, etc., with the muffler or noise- reduction equipment removed. Page 12 of 129 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 CC: Tracy Yogman, Town Comptroller Re: 2024 Capital Budget Amendments Date: September 4, 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 13 of 129 u1 # I Town of Mamaroneck t Comptroller, Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: September 4, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2024 capital budget amendments are recommended for approval. 1. Brookside Place Water Main Replacement (H1401) Additional funding is needed to complete the asbestos water main replacement on Brookside Dr as a result of: the proximity to river created more issues than anticipated added to the duration and scope of project; Larger excavation required; more rock encountered than expected and additional materials required. A budget amendment to transfer funds from the water contingency to the capital project is recommended below. 2. Waverly Avenue Bridge (H5162) Construction management for the Waverly Avenue Bridge Replacement has required out of scope efforts for utility coordination prior to start of construction, response to traffic impact concerns and preparation of mitigation recommendations, and also requires extension of continued services to accommodate the construction schedule. As a result, a budget amendment is recommended below to increase the project by $392k from the fund balance in the General Fund. Attachment/s: 2024 CAPITAL BUDGET AMENDMENTS - September 4, 2024 Page 14 of 129 CAPITAL FUND (FUND H) Amount 1 Expense H1401-0400 Brookside Water Main Increase 36,879.52 Revenue H1401-5038 Transfer from Water Fund Increase 36,879.52 2 Expense H5162-0400 Waverly Ave Bridge Increase 392,000.00 Revenue H1401-5038 Transfer from General Fund Increase 392,000.00 GENERAL FUND (FUND A) 2 Expense A9900-9950 Transfer to H (H5162) Increase 392,000.00 Revenue A9999-5995 Appropriated Fund Balance (H5162) Increase 392,000.00 WATER FUND (SW) 1 Expense SW8340-4050 Contingency(H1401) Decrease (36,879.52) Expense SW9900-9950 Transfer to Water Fund (H1401) Increase 36,879.52 Page 15 of 129 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 CC: Pamela Valenza, Town Assessor Re: GAR Associates Agreement Date: September 4, 2024 Attached is a memo from Town Assessor, Pamela Valenza, regarding a renewal agreement for revaluation services with GAR Associates. Action Requested: Resolved that the Town Board hereby approves the agreement with GAR Associates for revaluation services, effective January 1, 2025 and ending January 1, 2029 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Memo TB GAR Agreement v3 GAR Associates Agreement 2025-20296-29-24 v2 Page 16 of 129 9?S 0 p (Ft m x0 •FOUNDED 1661 TOWN OF MAMARONECK ASSESSOR' S OFFICE 7 4 0 West Boston Post Road Mamaroneck , NY 1 0 5 4 3 www . TownofMamaroneckNY . org MEMORANDUM T0: Meredith Robson, Town Administrator FROM: Pamela Valenza, Assessor DATE: 08/27/2024 RE: GAR Agreement Attached is the renewal agreement with GAR Associates. The Town of Mamaroneck has contracted with GAR Associates for revaluation services since the Town's initial project in 2013. A new multi-year plan is necessary with the culmination of the last agreement (2020-2024) and to continue to maintain assessment equity at 100% of full market value in compliance with the NYS ORPTS guidance cyclical assessment program. The attached agreement defines the services from 2025-2028. The prices quoted in the agreement have remained unchanged since 2017 and the terms and conditions are virtually the same, but of course have been updated with new dates for the work to be completed. • Page 1 Page 17 of 129 AGREEMENT FOR PROFESSIONAL SERVICES Agreement made this _day of , 2024 by and between the TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, a municipality of the State of New York, (hereinafter referred to as the "TOWN") and GAR ASSOCIATES LLC, having a principal place of business at 5500 Main Street Suite 347, Williamsville, New York 14221, (hereinafter referred to as the "CONTRACTOR"). WHEREAS,the TOWN authorized the undertaking of maintaining equitable property assessments at 100% of Full Market Value of all parcels of real property within its geographic boundaries for the purpose of preparing the final assessment rolls annually each September 15, (tentative roll each June) This hereinafter referred to as the "PROJECT". WHEREAS,this agreement supersedes the previous agreement dated and signed September 9, 2020. 1 Page 18 of 129 Services to be Performed. At the request of the TOWN, CONTRACTOR agrees to provide professional appraisal and consulting services for the purpose of maintaining equitable property assessments including but not be limited to, assessment support services associated with the requirements of maintaining equitable property assessments. See proposal of services attached. TERM. The TOWN agrees to employ CONTRACTOR to provide assessment support services, as indicated, for the period commencing January 1, 2025, and ending January 1, 2029. RENEWAL Based on the New York State Office of Real Property Tax Services (NYSORPTS) requirements of maintaining equitable assessments and potential corresponding Aid program, including rules and procedures, along with the intentions of the Town to maintain equitable property assessments at 100%full market value, the TOWN may renew this agreement under the current terms and conditions for up to two (2) one-year terms. If a longer term is requested,the TOWN agrees that CONTRACTOR can provide a proposal of updated costs. If the TOWN authorizes the renewal,the TOWN and CONTRACTOR agree that this agreement can be amended. CANCELLATION Either party may cancel this agreement upon sixty (60) days' written notice to the other party. Upon cancellation, the TOWN will pay the CONTRACTOR any and all outstanding payments pro- rated up to the cancellation date. 2 Page 19 of 129 COMPENSATION. Assessment and Reassessment Support Services. As part of this agreement,appraisal and valuation consultation services will be performed by the CONTRACTOR to assist the TOWN in maintaining equitable property assessments (see attached proposed services). Assessment Support Compensation is to be paid to the CONTRACTOR in the amount not to exceed Seventy-Five Thousand Dollars($75,000)for 2025,Seventy-Five Thousand Dollars ($75,000)for 2026, One Hundred Thousand ($100,000)for 2027, and One Hundred Thirty Thousand Dollars($130,000) for 2028. Contractor's billing shall be pursuant to Exhibit"A" attached hereto and made a part hereof. The Town and CONTRACTOR agree that in the event the Town chooses to conduct a Reassessment Project in compliance with the NYSORPTS requirements under the Aid Program for Reassessment, additional costs may be required. A detailed explanation of any additional services required will be provided to the Assessor, prior to any work performed. ADDITIONAL SERVICES During the term of this agreement, in the event the Assessor determines additional services are required from CONTRACTOR, the Assessor will request in writing such services. CONTRACTOR will provide a proposal of costs associated with the requested services. Upon written authorization from the Town Administrator, CONTRACTOR will provide requested services and CONTRACTOR will bill the TOWN accordingly. These additional services are not part of the fixed price compensation. Contractor's compensation for additional services shall be pursuant to Exhibit "B" attached hereto and made a part hereof. CLARIFICATION OF TERM The TOWN and CONTRACTOR acknowledge that the agreement term follows the NYS Assessment Calendar (September 15th Final Roll Filing, July 1st Valuation Date, May 1ST Taxable Status Date, June 1st Tentative Roll Filing and the 3th Tuesday in June — Grievance Day). The TOWN and CONTRACTOR further acknowledge that the TOWN's fiscal year and therefore budget year is based on a calendar year(January 1—December 31). Therefore services performed for a particular Final Assessment Roll (September 15th ) can commence the previous year. 3 Page 20 of 129 Clarification of NYSORPTS Aid for Reassessments The TOWN and CONTRACTOR acknowledge that NYSORPTS continues to revise the requirements regarding Aid for Reassessments. The TOWN and CONTRACTOR further acknowledge that NYSORPTS may change the rules and requirements for the qualification of NYS Aid for Reassessments at any time and that based on the TOWN's intentions to apply and qualify for this Aid program,CONTRACTOR may be asked to modify support services. Request for modifications to services must be submitted in writing to CONTRACTOR from the TOWN and the TOWN must provide written authorization to proceed with modified services. If fees for modifications requested by the TOWN exceed contractual compensation outlined previously, CONTRACTOR will submit a proposal for any additional costs. NO ASSIGMENT In accordance with the provisions of Section 109 of the General Municipal Law,the CONTRACTOR is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this agreement, or of its right, title or interest in this agreement, or its power to execute this agreement, to any other person or corporation without the previous consent in writing of the TOWN. INDEPENDENT CONTRACTOR (a) It is hereby mutually covenanted and agreed that the relation of CONTRACTOR to the work performed by it under this contract shall be that of an independent CONTRACTOR. As an independent, GAR ASSOCIATES,INC., will be responsible for damage, loss or injury to persons or property that may arise in or be incurred due to negligent acts, errors and omissions of said work covered by CONTRACTOR. (b) CONTRACTOR in accordance with its status as an independent CONTRACTOR, covenants and agrees that it will conduct itself consistent with such status. It will neither hold itself out as nor claim to be an officer or employee of the TOWN by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN including, but not limited to, worker's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit. 4 Page 21 of 129 REQUIRED PROVISIONS OF LAW: Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein. If any such provision is not inserted through mistake or otherwise, then upon the application of either party, this contract shall be physically amended forthwith to make such insertion. In particular,the CONTRACTOR shall, among other things,fully comply with: (a) Labor Law Section 220(e) and Executive Law Sections 291-299 and Civil Rights Law relating to prohibition against discrimination and equal opportunity. (b) Affirmative action as required by the Labor Law. (c) Prevention of dust hazard required by Labor law Section 222(a). (d) Preference in employment of persons required by Labor Law Section 222. (e) Eight(8)-hour day as required by Labor Law Section 220(2). NOTICES Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: TO: TO: TOWN: CONTRACTOR: Meredith S. Robson David M. Barnett, MAI, SRA, Member Town of Mamaroneck GAR Associates LLC 740 West Boston Post Road 5500 Main Street, Suite 347 Mamaroneck, NY 10543 Williamsville, NY 14221 MODIFICATION This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. 5 Page 22 of 129 AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN The Town Administrator has executed this agreement pursuant to a Resolution adopted by the Town Board of the Town of Mamaroneck, and, is duly authorized and empowered to execute this instrument and enter into an agreement on behalf of the TOWN. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk of the Town of Mamaroneck. WAIVER No waiver of any breach of any condition of the agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. ADDITIONAL TERMS TOWN and CONTRACTOR agree that the terms and conditions of this Addendum AA shall be a binding part thereof TOWN OF MAMARONECK GAR ASSOCIATES LLC By: Meredith S. Robson By: David M. Barnett, MAI, SRA Its: Town Administrator Its: Member Date: Date: IN WITNESS WHEREOF,the parties hereto have set their hands and seals This day of , 2024. TOWN OF MAMARONECK, NEW YORK BY, (Seal) GAR ASSOCIATES LLC (Seal) BY, David M. Barnett, MAI, SRA, Member 6 Page 23 of 129 Exhibit A GAR ASSOCIATES LLC - INVOICE/PAYMENT PROCESS Invoices to include detail summary of services provided. Invoices will be submitted monthly as services are provided. Example Format: For Services Rendered Ending : yy/yy/yyyy Description of Services: Sales Verification and Validation $X,XXX Commercial Type Properties $X,XXX Residential Type Properties (Consultation) $ XXX Statistical Analysis—Identification of Inequities $X,XXX Valuation Modeling $X,XXX Neighborhood Delineation Updating $XXXX Valuation Production $X,XXX Total Service Provided for Month Ending: yy/yy/yyy $XXXX Current Credit Balance: ($X,XXX) Net Invoice Due: $X,XXX *Authorized Additional Services to be billed monthly as provided. **In the event the Town chooses to conduct a Reassessment Project under the NYSORPTS requirements for Aid for Reassessments and the Town authorizes additional services as stated in the proposal modifications to the above payments schedule will be required. ***Invoices to include a detailed summary of services provided corresponding to payment. 7 Page 24 of 129 Exhibit B Additional Services and Pricing Consultation: GAR can provide consultations (valuation and other)to assessment office. Typically, this occurs with specific permit processing, Town Attorney—Article 7 cases. Assist assessor and assessment staff with various RPSV4 processing, reports, etc. Senior Real Property Appraiser—Residential (NYS Certified): $125/hr Senior Real Property Appraiser—Commercial (NYS Certified): $175/hr Designated Real Property Appraiser $250/hr RPS Technical Support: RPS Technician: $60/hr Senior Analyst: $100/hr Public Relations Specialist: $125/hr Managerial: $125/hr NYS Certified Assessor-Consultant: $125/hr Residential Reappraisal (Market Document Generation & Field Review): For neighborhoods/parcels requiring valuation review to maintain equity, GAR will assist assessor in generating the appropriate market documents and application to the tablet PC's.These services are included in the annual pricing structure for non-town wide update years. GAR will provide up to a maximum of 1,500 residential field reviews, if required, under the fixed price of the agreement. All remaining field reviews will be performed by Town assessment staff. Residential Field Review assistance for Town Wide Reassessment Project Update: GAR will provide up to a maximum of 4,000 residential field reviews, if required, under the fixed price of the agreement. If additional field reviews are required GAR will perform at a per parcel rate of$20/pp. Commercial Reappraisal (Valuation Updating, Document Generation & Field Review): Unless unforeseen significant changes in commercial values, GAR recommends a comprehensive review of commercial values for the Town Wide Reassessment Update years. GAR will perform the valuation and field review under the agreement fixed price. 8 Page 25 of 129 Assist with Producing COA, cover letter, public education information: GAR will work with assessor in producing(running)the appropriate Change of Assessment notices for those parcels reviewed for the 2025, 2026, 2027 and 2028 assessment rolls. GAR will also assist with creating an appropriate and informative cover letter to be mailed with these notices. The mailing costs will be the responsibility of the town. GAR recommends sending a Commercial Income and Expense Mailer in 2027. GAR will create the mailer and be the contact for any questions concerning the mailer. The town will be responsible for mailing costs. GAR recommends the Town send a post card in early 2027 to all residential property owners requesting they review their property inventory on-line (town assessment website). This process will be the responsibility of the Town. GAR will provide updated web videos (maximum of 3) in 2027 and 2028 (town wide reassessment update). Printing: Town's Responsibility Mailing: All pricing reflects the Town to be responsible for all mailing costs including printing, postage, envelopes and processing. **All pricing includes travel time and any related expenses 9 Page 26 of 129 EXHIBIT C In addition to those items contained in the Contract dated , by and between the TOWN (hereinafter referred to as TOWN) and GAR ASSOCIATES LLC (hereinafter referred to as CONTRACTOR)the parties agree as follows: 1. CONTRACTOR'S INSURANCE (a) CONTRACTOR shall not commence work under this contract until it has obtained the following insurance, and such insurance has been approved by the Town. 1. Worker's Compensation Insurance: Statutory 2. Employers Liability Insurance: $100,000 3. Automobile Liability Insurance (combined bodily injury and property): $1,000,000 per occurrence: Aggregate $1,000,000 4. Comprehensive General Liability Insurance: Including contractual insurance combined bodily and property damage: $1,000,000 per occurrence Aggregate: $1,000,000 5. To properly protect the TOWN, CONTRACTOR will maintain in effect General Liability Insurance in the amount of$1,000,000 and Professional Liability Insurance in the amount of $1,000,000 that provides protection for CONTRACTOR'S performance of professional practices as (Appraisers/Assessor) and shall not assume liability for acts of other than the agents and employees of CONTRACTOR. (b) CONTRACTOR shall name the TOWN as additional insured in policies and provide the TOWN with a current certificate of insurance. (c) Any accident shall be reported to the office of the Town Administrator as soon as possible and not later that twenty-four hours from the time of such accident. A detailed written report must be submitted to the Town Administrator as soon thereafter as possible and not later than three (3) days after the dated of such accident. 10 Page 27 of 129 EXHIBIT D PAYMENT SCHEDULE Payment Schedule January—December 2024: Month Amount January 2024 Paid February 2024 Paid March 2024 Paid April 2024 Paid May 2024 Paid June 2024 Invoiced July 2024 $5,000 August 2024 $5,000 September 2024 $5,000 October 2024 $10,000 November 2024 $10,000 December 2024 $5,000 Total Contract for 2024: $130,000 Payment Schedule January—December 2025: Month Amount January 2025 $6,250 February 2025 $6,250 March 2025 $6,250 April 2025 $6,250 May 2025 $6,250 June 2025 $6,250 July 2025 $6,250 August 2025 $6,250 September 2025 $6,250 October 2025 $6,250 November 2025 $6,250 December 2025 $6,250 Total Contract for 2025: $75,000 11 Page 28 of 129 EXHIBIT D PAYMENT SCHEDULE Payment Schedule January—December 2026: Month Amount January 2026 $6,250 February 2026 $6,250 March 2026 $6,250 April 2026 $6,250 May 2026 $6,250 June 2026 $6,250 July 2026 $6,250 August 2026 $6,250 September 2026 $6,250 October 2026 $6,250 November 2026 $6,250 December 2026 $6,250 Total Contract for 2026: $75,000 Payment Schedule January—December 2027: Month Amount January 2027 $8,200 February 2027 $8,200 March 2027 $8,200 April 2027 $8,200 May 2027 $8,200 June 2027 $8,200 July 2027 $8,200 August 2027 $8,200 September 2027 $8,200 October 2027 $8,200 November 2027 $8,200 December 2027 $8,200 Total Contract for 2027: $100,000 12 Page 29 of 129 EXHIBIT D PAYMENT SCHEDULE Payment Schedule January—December 2028: Month Amount January 2028 $20,000 February 2028 $20,000 March 2028 $20,000 April 2028 $10,000 May 2028 $10,000 June 2028 $10,000 July 2028 $5,000 August 2028 $5,000 September 2028 $5,000 October 2028 $10,000 November 2028 $10,000 December 2028 $5,000 Total Contract for 2028: $130,000 13 Page 30 of 129 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: Discussion & Consideration - DTS Provident Design Engineering, LLP Proposal Date: September 4, 2024 Attached is a proposal from DTS Provident Design Engineering, LLP for traffic engineering services relating to traffic analysis and assessment of the US Route 1 - Boston Post Road Complete Streets Project. I have included the credentials of Brian Dempsey, PE, PTOE, RSP1 and Partner at DTS. Action Requested: Resolved that the Town Board hereby approves the submitted proposal from DTS Provident Design Engineering, LLP for traffic engineering services relating to the Complete Streets Project and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: DTS Complete Streets Recommendations Proposal R1 8.30.24 Brian Dempsey Credentials Page 31 of 129 DTS Provident Design Engineering, LLP Andrew V.Tung,ASLA, Esq., LEED AP DTS ' PROVIDENT One North Broadway Gerhard M. Schwalbe, P.E. Intelligent Land Use White Plains, NY 10601 Charles 'Carlito' Holt, P.E., PTOE Brian Dempsey, P.E., PTOE, RSP1 P: 914.428.0010 F: 914.428.0017 www.dtsprovident.com August 30, 2024 Robert P. Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 RE: Proposal for Traffic Engineering Services Town Complete Street Recommendations US Route 1- Boston Post Road Town of Mamaroneck,Westchester County,NY Dear Rob: As requested,DTS Provident Design Engineering,LLP (DTS Provident), a licensed Professional Engineering firm in the State of New York, is pleased to provide this Proposal for Traffic Engineering Services as it relates to performing an overall Traffic Analysis and Assessment for Town Complete Street Recommendations along US Route 1 -Boston Post Road in the Town of Mamaroneck, including how the portion within the Town corresponds with the adjacent communities. DTS Provident is very familiar with the US Route 1 Corridor, not only in the Town but also having performed Studies or Designs along the Corridor in Port Chester, Rye, the Village of Mamaroneck, the Village of Larchmont, the City of New Rochelle and the Village of Pelham Manor. I initially proposed and developed the Road Diet along portions of US Route 1 in the City of Rye. I also have a good working relationship with the New York State Department of Transportation (NYSDOT). A copy of my resume is attached. The anticipated Scope of Work is based upon our experience in performing similar studies as well as our discussions: SCOPE OF WORK The following outlines the anticipated Scope of Work at this time: A. DTS Provident will attend an upcoming Meeting/Work Session of the Town Board and provide technical advice regarding potential complete street elements that may be feasible for the portion of US Route 1 that are within the Town. Additional meetings will be attended as requested. Page 32 of 129 DTS • PROVIDENT Intelligent Land Use FEE SCHEDULE DTS Provident proposes to provide the services outlined above on a time and materials hourly basis in accordance with the"DTS Provident Design Engineering, LLP Schedule of Municipal Engineering Fees and Charges" (see Attached). All services will be performed in accordance with the"DTS Provident Design Engineering, LLP Schedule of Terms and Conditions" (see Attached). The services will be performed on an hourly basis at this time. Additional services will also be billed on an hourly basis, as requested. SCHEDULE DTS Provident is able to begin work immediately upon Authorization. Authorization to proceed is provided via returning one signed copy of this Proposal. If acceptable,please sign and return one copy of this Proposal. We look forward to working with you on this Project. Should you have any questions or comments,please do not hesitate to contact me at 914.428.0010 or via email at bdempsey@dtsprovident.com. Very truly yours, DTS PROVIDENT DESIGN ENGINEERING, LLP Brian E. Dempsey, P.E., PTOE, RSP1 Partner ACCEPTED: BY: TITLE: DATE: https://divneytungschwalbe.sharepoint.com/sites/DTSP/Shared Documents/Projects/1152-Mamaroneck(Town)-Complete Streets Recommendations/Proj.Admin/Proposal/Complete Streets Recommendations Proposal R1.docx 2 Page 33 of 129 DTS ' PROVIDENT Intelligent Land Use DTS PROVIDENT DESIGN ENGINEERING,LLP SCHEDULE OF MUNICIPAL ENGINEERING FEES AND CHARGES SCHEDULE Payroll Based Projects and Labor Fees,as stated in the Agreement shall be defined as follows: PAYROLL BASIS-Services shall be charged at the following hourly rates: Hourly Rate Principal $215.00 Project Director $205.00 Senior Project Manager $190.00 Project Manager $180.00 Senior Project Engineer $175.00 Project Engineer .......... .. ..» $160.00 Assistant Project Engineer $145.00 Engineer $115.00 Chief Inspector $160.00 Field Inspector $130.00 Senior Technician $90.00 Technician $80.00 Technical Support Staff $70.00 FORENSIC AND TESTIMONY SERVICES-Forensic Services for litigation,including court appearances,deposition,arbitration and similar representation,shall be billed as follows: $275 per hour for Principal/Manager providing Services,and above Technical Staff at shown hourly rate with an added 10% premium for Support Staff services related to same. DEFINITION The above hourly rates include payroll costs,overhead and profit. Rates are subject to change based upon Annual Salary Adjustments. REIMBURSABLES In addition to the above Fees,project-related Direct Expenses shall be reimbursed at cost including the following: • Reproduction of Drawings&Specifications,and Prints. • Purchase of plans and documents. • Communications,postage/express mail,and special delivery services. • Permit and Application Fees. • Fees paid to special consultants/vendors/contractors with prior written approval of the Client. • All Travel and subsistence expenses. • Field Traffic Counters(Manual and Automatic). TAXES All Services and Charges may be subject to one or several States'Sale or Use taxes. These will be added when applicable. SUPPLEMENTAL SERVICES/CHANGE ORDERS Any work not described in the Scope of Services for this Agreement will be considered additional and performed only upon authorization of a Supplemental Agreement of said services and associated fees and schedules. These services can include,but are not limited to the following: • Changes in Scope of Services following start of said Services. • Re-work/re-design due to late receipt of information for which Client is responsible. • Re-work/re-design and/or new work/new design as a result of changes in the project during performance of the work. • Costs incurred as a result of project delays. • Additional attendance at meetings and/or construction observations not defined in the Agreement. • Supplemental,additional,and/or Special Services as defined in the Agreement. • Other services not covered in the approved scope of work. INVOICING/PAYMENT OF FEES Invoices will be submitted monthly based on work performed until project completion. Fixed Fee Projects will be invoiced based on Percentage Completion plus Direct Expenses/Reimbursables. Payroll Basis Projects will be invoiced based on actual hours performed by personnel classification plus Direct Expenses/Reimbursables. Payment shall be due within thirty(30)days of date of the Invoice. The amount due and owing shall bear interest after thirty(30)days from the date of the Statement at the rate of one and one half(1.5) percent per month. Page 34 of 129 DTS • PROVIDENT Intelligent Land Use DTS Provident Design Engineering, LLP—SCHEDULE OF TERMS & CONDITIONS The following terms and conditions are hereby incorporated by reference with the letter, proposal or agreement (collectively,the "Agreement")to which they are attached. The proposed Scope of Professional Services and Compensation of DTS Provident Design Engineering, LLP ("DTS Provident")are set forth in the Agreement. As used herein, "Client" and "Project" refer to the individual, entities and project described as such in the Agreement. 1) Professional Services a) Client Responsibilities-Unless otherwise provided under this i) Client acknowledges that such documents are not intended Agreement,Client shall provide full information in a timely or represented to be suitable for use on the Project unless manner regarding requirements for and limitations on the completed by DTS Provident. project. Client shall provide DTS Provident with access to the Project site to perform its work. Client shall also furnish in a (1) Any use or re-use of the documents without written timely manner such legal,design,existing conditions survey or verification,completion or adaptation by DTS other applicable services as may be required for the Project. Provident shall be at Client's sole risk and without DTS Provident will be entitled to use and rely upon all such liability or legal exposure to DTS Provident,and Client information and services. shall indemnify and hold harmless DTS Provident from all claims,damages,losses and expenses, b) Standard of Care-DTS Provident will perform its services with including reasonable attorneys'fees,arising out of or the standard of skill and care generally exercised by other resulting from such use or reuse;and planning,engineering or landscape architectural firms in the same locale acting under similar circumstances and conditions. (2) Such limited license to Client shall not create any Client acknowledges that DTS Provident's services will be rights in third parties. rendered without any warranty,express or implied. Nothing ii) Client recognizes that the data,plans,specifications, contained in the Agreement shall create a contractual reports,documents or other information recorded on or relationship with or a cause of action in favor of a third party transmitted as electronic media are subject to against either the Client or DTS Provident. undetectable alteration,either intentional or c) Environmental Condition of Site unintentional. Accordingly,documents provided to Client in electronic media are for informational purposes only i) Client shall be obligated to inform DTS Provident of any and are not an end product. applicable site safety procedures and regulations known to Client as well as any special safety concerns or e) Opinions of Cost—DTS Provident's opinions of probable environmental conditions at the Project site. construction cost,if provided under this Agreement,are to be made on the basis of DTS Provident's experience and ii) DTS Provident shall have no responsibility for the qualifications and represent DTS Provident's best judgment as discovery,presence,handling,removal or disposal of or an experienced and qualified professional generally familiar exposure of persons to hazardous materials in any form at with the construction industry. However,as DTS Provident has the Project site,including but not limited to asbestos, no control over the cost of labor,materials,equipment,or PCBs,mold,petroleum,hazardous waste,or radioactive services furnished by others,or over contractors'methods of material. To the fullest extent permitted by law,Client determining prices,or over competitive bidding or market shall hold harmless,defend and indemnify DTS Provident conditions,DTS Provident cannot and does not guarantee that from any and all claims,suits,damages,losses,judgments, proposals,bids,or actual construction costs will not vary from payments,awards,and expenses which directly or opinions of probable construction cost prepared by DTS indirectly arise from or relate to any such hazardous Provident. materials. f) Construction Phase Services d) Project Documents—All documents prepared by DTS Provident are instruments of service in respect to this Project. Provided i) If so provided in the Agreement,DTS Provident shall make that all professional fees and reimbursable expenses due are periodic visits to the site during the construction phase of paid to DTS Provident in a timely manner,DTS Provident the Project to become generally familiar with the progress expressly grants to Client an ownership and property interest and quality of the work,and to determine in general if the therein subject to the limitations set forth below. work is proceeding in accordance with the drawings and specifications prepared by DTS Provident. 1 11/01/21 Page 35 of 129 DTS • PROVIDENT Intelligent Land Use DTS Provident Design Engineering, LLP—SCHEDULE OF TERMS & CONDITIONS ii) DTS Provident shall not,however,at any time supervise, party relative to the project,except that DTS Provident shall be liable direct,or have control over any contractor's work,nor shall for claims,damages,losses,judgments and expenses due to the sole DTS Provident have authority over or responsibility for the negligence of DTS Provident,its owners,directors,and employees. means,methods,techniques,sequences,or procedures of To the fullest extent permitted by law,Client and DTS Provident construction selected or used by any contractor,for safety waive against each other,and the other's employees,officers, precautions and programs incident to a contractor's work directors,agents,insurers,partners,and consultants,any and all progress,nor for any failure of any contractor to comply claims for or entitlement to special,incidental,indirect,or with law and regulations applicable to contractor's work. consequential damages arising out of or in any way related to the Project. 2) Compensation&Payments 4) Agreement and Terms&Conditions a) Compensation for professional services,reimbursable expenses, and additional services shall be as specified in the Agreement. a) The Agreement and these Terms&Conditions will be governed Rates or prices quoted do not include state or local taxes where by and construed and interpreted in accordance with the laws applicable. of the State of New York. b) Payments b) If any term,condition or provision of these Terms&Conditions is found by a court of competent jurisdiction to be invalid,void i) Initial Payment,as described in the Agreement,is required or unenforceable,the remainder of these Terms&Conditions upon execution of the Agreement. shall remain in full force and effect,and shall in no way be ii) DTS Provident shall prepare invoices for professional affected,impaired or invalidated thereby. services and reimbursables in accordance with its standard c) Any waiver by either party or any provision or condition of these invoicing practices and shall submit such invoices to Client Terms&Conditions shall not be construed or deemed to be a on a monthly basis. Invoices are due and payable within waiver of a subsequent breach of the same provision or 30 days of receipt. condition,unless such waiver is so expressed in writing and Hi) In the event that Client fails to make any payment due DTS signed by the party to be bound. Provident for professional services or reimbursables within d) All notices to either party by the other shall be deemed to have 30 days after receipt of DTS Provident's invoice,then: been sufficiently given when made in writing and delivered in (1) Amounts due DTS Provident may be increased at the person or by email,certified mail or courier to the address of rate of 1.0%per month(or the maximum rate of the respective party or such other address as such party may interest permitted by law,if less),from the thirtieth designate. day,and e) The captions of these Terms&Conditions are intended solely (2) DTS Provident may,after giving seven(7)days written for the convenience of reference and shall not define,limit or notice to Client,either terminate or suspend services affect in any way the provisions,terms and conditions hereof or under this Agreement until Client has paid in full all their interpretation. amounts due for professional services,expenses and f) The Agreement and these Terms and Conditions represent the other related charges. entire understanding and agreement between the parties and c) In the event the orderly and continuous progress of DTS supersede any and all prior agreements,whether written or Provident's professional services is delayed or suspended oral,and may be amended or modified only by a written (including,without limitation,suspension due to Client's amendment signed by both parties. untimely payment of invoices),or Client authorizes changes in the scope,extent or character of the Project,the time for completion of DTS Provident's services,and the amounts of DTS Provident's professional fees,shall be adjusted equitably. 3) To the fullest extent permitted by law,Client shall hold harmless, defend and indemnify DTS Provident and its consultants,and each of their owners,directors,employees,heirs,successors and assigns from any and all claims,suits,demands,damages,losses,judgments, payments,awards,and expenses arising out of Client's negligence on the Project,any Project contractor's negligence in performing the work and/or supplying the materials,or the negligence of any other 2 11/01/21 Page 36 of 129 DTS • PROVIDENT Intelligent Land Use BRIAN E. DEMPSEY, PE, PTOE, RSP1 EDUCATION B.C.E.,Civil Engineering,Villanova University, 1986 M.B.A.,Finance,Fordham University, 1992 PROFESSIONAL REGISTRATIONS/CERTIFICATIONS Professional Engineer,New York(#068835), 1992 Professional Engineer,Connecticut(#18429), 1994 Professional Engineer,New Jersey(#39571), 1996 Professional Engineer,Pennsylvania(#053492-E), 1997 Professional Engineer,Delaware(#11422), 1998 Professional Engineer,Ohio (#77566),2013 Professional Traffic Operations Engineer(#260), 1999 Road Safety Professional(#393),2019 AREAS OF EXPERTISE Brian E. Dempsey, PE, PTOE is a Partner at DTS Provident Design Engineering, LLP (formerly Provident Design Engineering, PLLC, TRC Engineers and Raymond Keyes Associates) and has over 38 years of experience encompassing Traffic Engineering, Traffic Signal Design, Traffic Planning,Traffic Analysis,Improvement Plans, Corridor Analysis, and Parking Studies. REPRESENTATIVE EXPERIENCE Complete Streets and Pedestrian/Bicycle Safety Improvements,Rye,New York Mr,Dempsey was the developer of the original concept of installing a Road Diet along US Route 1 in the City of Rye. Mr.Dempsey was also the Senior Project Manager in charge of preparation of various Pedestrian Safety improvements as part of obtaining ARRA Stimulus funding for the City of Rye. These improvements included the provision of new sidewalks,bicycle lanes,crosswalks,ADA compliant ramps,curb extensions,and pedestrian signals(including for the visually impaired). The designs were prepared for the intersections of Playland Parkway/Forest Avenue,Midland Avenue/Palisade Road,and Boston Post Road(US Route 1)/Oakland Beach Avenue. Significant coordination with Westchester County and the NYSDOT was required throughout the project. Other projects included new pedestrian crossings with the provision of ADA ramps and Rectangular Rapid Flashing Beacons(RRFB's). A Safe Routes to School Program was also established. Complete Streets Study and Design Plans along Pleasantville Road on behalf of the Village of Briarcliff Manor. DTS Provident has studied and developed Design Plans for developing a Complete Streets concept in the Village Business District and neighboring areas in conjunction with a Grant for$3.5 Million being coordinated with the NYSDOT. Significant pedestrian and bicyclist improvements are being proposed included widen sidewalks,new sidewalks,bumpouts,ADA ramps,raised crosswalks and bicycle paths. On-street parking is being converted from angle spaces to parallel spaces. 1 Page 37 of 129 Brian Dempsey, PE, PTOE, RSP1 Intersection and Traffic Signal Coordination Study — Intersections of US Route 1 (Main Street) and Weyman Avenue as well as US Route 1 and Kings Highway on behalf of the City of New Rochelle. Mr. Dempsey performed traffic counts and conducted Synchro and Simulation Analysis of fifteen different alternatives of these two closely spaced signalized intersections with limited storage lengths. More than fifteen Conceptual Improvement Plans were developed for potential alternatives. Right-of-way was limited. Pedestrians for a nearby school was a critical consideration. Corridor Study—North Avenue on behalf of the City of New Rochelle.Mr.Dempsey prepared a Corridor Study along North Avenue. The Study encompassed seven-signalized intersections,from Fifth Avenue to Eastchester Road,in conjunction with proposed roadway widening and incorporated on-street parking. The review focused on methods to improve traffic circulation and enhance pedestrian safety,particularly pedestrian crossings.Future conditions were analyzed utilizing Synchro/SimTraffic Simulation software incorporating various alternatives. NY Route 9A and North State Road-Village of Briarcliff Manor,NY Mr. Dempsey was the Principle in Charge on behalf of the Village of Briarcliff Manor in conjunction with the NYSDOT and Westchester County). Conducted various studies including conducting vehicle and pedestrian traffic counts,capacity/queue analyses, simulation analysis, and signal coordination analysis in regard to nearby traffic signals.Mr. Dempsey was involved in the design of the Traffic Signal and Highway Plans which included roadway widening, resurfacing,pedestrian improvements, and ADA ramps.He also assisted in the preparation of the Bid Documents. Corridor Study -Wolfs Lane on behalf of the Village of Pelham. DTS Provident performed a Corridor Study beginning in the heart of the Village and continuing to the High School/Middle School. Pedestrian safety improvements combined with traffic calming improvements were considered including bumpouts and pedestrian signals as well as Leading Pedestrian Intervals. Truck turning maneuvers and emergency service impacts were analyzed. The location of on-street parking was also reviewed. Village of Sleepy Hollow, Complete Street Study and Plans—Sleepy Hollow,NY Mr. Dempsey conducted a Complete Streets Study and Conceptual Design Plans along a portion of US Route 9 in the Village in the vicinity of Philipsburg Manor, a heavy pedestrian area. The goal was to improve pedestrian safety and crossings,including during major activities,Field investigations were performed,and studies were conducted. Detailed Conceptual Design Plans were then coordinated with the NYSDOT,who has jurisdiction of the roadway. The various concepts included pedestrian improvements(including shortening crossings),converting a side street to one-way,restricting turns,and adjusting signal timings. Village of Mamaroneck Traffic Consultant,Traffic Engineering Services—Mamaroneck, NY-Mr.Dempsey was the Senior Project Manager of Traffic Engineering Services on behalf of the Village for various Projects including: Washingtonville Neighborhood Traffic and Parking Study;Fenimore Road/Bishop Avenue/Hoyt Avenue Intersection Study;Phillips Park Traffic and Parking Study;Mamaroneck Avenue/Mount Pleasant Avenue/Halstead Avenue/Hoyt Avenue Intersection and Pedestrian Study;Mamaroneck Avenue School Traffic and Parking Study; F. E. Bellows School Traffic and Parking Study;Daniel Warren School Traffic and Parking Study;Boston Post Road at Barry Avenue and at Harrison Avenue/The Parkway Intersection and Pedestrian Safety Study,in conjunction with the NYSDOT; Safe Routes to School Study; and Potential Firehouse Relocation Study. 2 Page 38 of 129 Brian Dempsey, PE, PTOE, RSP1 Village of Briarcliff Manor Safe Routes to School Project,Briarcliff Manor—Mr. Dempsey performed Pedestrian Safety Improvements and Traffic Engineering Services in conjunction with a$500,000 Safe Routes to School program. The project includes the design of new sidewalks and pedestrian crossings,the installation of Rapid Rectangular Flashing Beacons (RRFB's) at an unsignalized crossing,curb modifications,and updating of existing sidewalks,ramps, and pedestrian crossings to meet ADA and PROWAG Guidelines. Mr. Dempsey prepared traffic studies,environmental impact studies and design reports for submission to the FHWA and the NYSDOT for Intersection and Pedestrian Safety Improvement Projects. Complete Street Policies were followed including the provision of sharrows. Detailed discussions were held with the community to determine the need for various safety improvements. Village of Scarsdale,Complete Street Projects—Scarsdale,NY-Mr. Dempsey was/is Project Manager of Traffic Engineering Services on behalf of the Village for the preparation of various Complete Street Studies in and around the central business area. Mr.Dempsey prepared various Traffic studies including parking analysis,circulation review and vehicle and pedestrian safety analysis in the business district. These studies were performed to improve pedestrian and vehicle circulation and safety,provide additional parking, and improve aesthetics. Various roadway/parking improvements and traffic calming measures were implemented. Mr. Dempsey is currently performing complete street analyses along Popham Road to consider potential pedestrian improvements including modified crosswalks and potential Leading Pedestrian Intervals. Village of Pelham Manor,Corridor Signage and Striping Study—Pelham Manor,NY-Mr. Dempsey was the Senior Project Manager of Traffic Engineering Services on behalf of the Village to categorize and update to current MUTCD Standards the signage and striping along the Pelhamdale Avenue Corridor,including at US Route 1. Village of Tarrytown,Main Street Complete Streets Corridor Review and One-Way Study —Tarrytown,NY-Mr. Dempsey was the Senior Project Manager of Traffic Engineering Services on behalf of the Village to analyze the Main Street Corridor utilizing Complete Street features including the conversion of the roadway to one-way. More than a dozen concepts were developed to improve pedestrian and bicyclist conditions,including focusing on a one-way system. Wider sidewalks,modifications to on-street parking,impact to US Route 9 (under NYSDOT jurisdictions),traffic signal modifications, and other adjustments were considered. The one-way concept was analyzed for each direction separately and various concepts were considered. In the end,the conversion was not performed based on the impact on emergency vehicles after testing of turning maneuvers and the increase in response time. 3 Page 39 of 129 Brian Dempsey, PE, PTOE, RSP1 PROFESSIONAL AFFILIATIONS Institute of Transportation Engineers(ITE)—Fellow Mr. Dempsey is serving on various Institute of Transportation Engineers(ITE)Committees and has been involved in various ITE publications. In addition,Mr. Dempsey has made technical presentations at both local and international ITE conferences. New York State Association of Transportation Engineers(NYSATE)-Member PROFESSIONAL PUBLICATIONS Mr. Dempsey has been involved with co-authoring or a member of the technical committee for several publications including,but not limited to: ITE Trip Generation Manual-6t1i, 7h, 8h, 9th, 10th and 1 Editions ITE Parking Generation—4h, 5th and 6tn Editions Sight Triangle and Corner Clearance Policies at Intersections and Driveways,2014 Survey of Guidelines Used to Select Sidewalk Locations, 2015 (Received Traffic Engineering Council Best Project Award) Pavement Marking Patterns Used at Uncontrolled Pedestrian Crossings,2010 Trip Generation Characteristics of Shopping Centers, 1996 INSTITUTE OF TRANSPORTATION ENGINEERS (ITE) PRESENTATIONS ITE District 1 (Northeast) Conference: Improving Pedestrian and Vehicle Safety at Older Suburban Elementary School,June 2011 ITE International Conference (Annual Meeting): Improving Safety at Suburban Schools, August 2002 ADDITIONAL CREDENTIALS Mr. Dempsey has also made presentations to various other organizations including Traffic Calming Presentations to the Westchester Municipal Planning Federation (WMPF) and regarding the Manual on Uniform Traffic Control Devices (MUTCD) to the Westchester County Association of Municipal Public Works Administrators(WCAMPWA). Mr. Dempsey is also a member of the Westchester County Traffic Safety Board. 4 Page 40 of 129 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: CDBG Application - Senior Center Generator Date: September 4, 2024 As you know, we have been preparing our buildings for storm resilience by planning for generators that will allow us to continue services in the event of long term power outages. One such generator is for the senior center which serves over 350 individuals. A 100kW senior center generator would allow us to continue a variety of services for our seniors, over 45% of whom are estimated to qualify at low-moderate income levels as recorded for nutrition and transportation services. We estimate another 15% may also qualify, but don't use the nutrition and transportation services so their incomes are not recorded. Services would include security and general assistance and companionship while at the center and continuation of current meal services to 25 frail and homebound seniors. In addition, a generator would allow us to provide an appropriate warming and cooling site and emergency shelter for the entire community, as needed, during major weather events and long-term power outages. The estimated cost of the generator is $172,950, which includes design, purchase and installation. We originally intended to put this on the capital plan in a few years,but the Community Development Block Grant ("CDBG") program has a three year cycle and I'd like to be able to include the request and not have to wait for the next cycle. Action Requested: Resolved that the Town Board hereby authorizes the Town Administrator to submit the CDBG grant application for the Senior Center Generator and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 41 of 129 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: September 4, 2024 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 42 of 129 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: September 4, 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 9-4-24 Page 43 of 129 Town of Mamaroneck From: Tracy Yogman-Town Comptroller Re: Fire Claims Date: SEPTEMBER 04, 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 AAA Emergency Supply Co.,Inc Fire extinguisher maintenance $ 52.00 Replacement laptop battery,portable radio chargers,water shutoff Amazon keys for spigots,drip hose 50',watering sytem timer $ 310.90 Elevator/door lock key sets,32'velcro cinch straps,air hose reel, plumbing parts,AAA&AA batteries,sump pump&supplies,100'of Amazon piping for air reel in Apparatus Bay,garden watering system $ 1,481.82 FireCompanies.Com Website Hosting&Maintenance 8/1/2024 $ 209.97 Galls Uniform-shirts,lenses,boots,pants,logo,belt,sweatshirt,Polo $ 919.63 Cord reels for Apparatus Bays,liquid detergent,cleaner,brush& Grainger handle,cooler $ 1,177.32 Home Depot Concrete for slab $ 23.40 Municipal Emergency Services Inc. Equipment servicing $ 1,234.80 Optimum Cable services for 8/23-9/22/24 $ 284.12 Ready Refresh Water Cooler rental 7/19-8/18/24 $ 195.96 Sound Shore Pest Control Pest control 7/29/24 $ 70.00 Town of Mamaroneck FD Flowers for Memorial Day $ 79.96 UniFirst Corporation Cleaning supplies-7/5,7/19,8/9,8/16/24 $ 1,028.13 Verizon Fire Department Redundant Circuit 7/25/2024 $ 289.99 Verizon Fire HQ service 8/10-9/9/24 $ 292.59 Village Pizza&Pasta Food for storm 8/6/24 $ 93.30 Food for Vehicle Extraction Drill 8/20,Engine Company OPS meeting Villa Maria Pizza 8/7/24 $ 283.18 Westchester Cty Dept of Emergency Career Fire Academy Tuition,Fall 2024-Kevin Murnane $ 4,500.00 Total $ 12,527.07 Page 44 of 129 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: Discussion & Consideration - DTS Provident Design Engineering, LLP Proposal Date: September 4, 2024 Attached is a proposal from DTS Provident Design Engineering, LLP for traffic engineering services relating to traffic analysis and assessment of the US Route 1 - Boston Post Road Complete Streets Project. I have included the credentials of Brian Dempsey, PE, PTOE, RSP1 and Partner at DTS. Action Requested: Resolved that the Town Board hereby approves the submitted proposal from DTS Provident Design Engineering, LLP for traffic engineering services relating to the Complete Streets Project and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: DTS Complete Streets Recommendations Proposal R1 8.30.24 Brian Dempsey Credentials Page 45 of 129 DTS Provident Design Engineering, LLP Andrew V.Tung,ASLA, Esq., LEED AP DTS ' PROVIDENT One North Broadway Gerhard M. Schwalbe, P.E. Intelligent Land Use White Plains, NY 10601 Charles 'Carlito' Holt, P.E., PTOE Brian Dempsey, P.E., PTOE, RSP1 P: 914.428.0010 F: 914.428.0017 www.dtsprovident.com August 30, 2024 Robert P. Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 RE: Proposal for Traffic Engineering Services Town Complete Street Recommendations US Route 1- Boston Post Road Town of Mamaroneck,Westchester County,NY Dear Rob: As requested,DTS Provident Design Engineering,LLP (DTS Provident), a licensed Professional Engineering firm in the State of New York, is pleased to provide this Proposal for Traffic Engineering Services as it relates to performing an overall Traffic Analysis and Assessment for Town Complete Street Recommendations along US Route 1 -Boston Post Road in the Town of Mamaroneck, including how the portion within the Town corresponds with the adjacent communities. DTS Provident is very familiar with the US Route 1 Corridor, not only in the Town but also having performed Studies or Designs along the Corridor in Port Chester, Rye, the Village of Mamaroneck, the Village of Larchmont, the City of New Rochelle and the Village of Pelham Manor. I initially proposed and developed the Road Diet along portions of US Route 1 in the City of Rye. I also have a good working relationship with the New York State Department of Transportation (NYSDOT). A copy of my resume is attached. The anticipated Scope of Work is based upon our experience in performing similar studies as well as our discussions: SCOPE OF WORK The following outlines the anticipated Scope of Work at this time: A. DTS Provident will attend an upcoming Meeting/Work Session of the Town Board and provide technical advice regarding potential complete street elements that may be feasible for the portion of US Route 1 that are within the Town. Additional meetings will be attended as requested. Page 46 of 129 DTS • PROVIDENT Intelligent Land Use FEE SCHEDULE DTS Provident proposes to provide the services outlined above on a time and materials hourly basis in accordance with the"DTS Provident Design Engineering, LLP Schedule of Municipal Engineering Fees and Charges" (see Attached). All services will be performed in accordance with the"DTS Provident Design Engineering, LLP Schedule of Terms and Conditions" (see Attached). The services will be performed on an hourly basis at this time. Additional services will also be billed on an hourly basis, as requested. SCHEDULE DTS Provident is able to begin work immediately upon Authorization. Authorization to proceed is provided via returning one signed copy of this Proposal. If acceptable,please sign and return one copy of this Proposal. We look forward to working with you on this Project. Should you have any questions or comments,please do not hesitate to contact me at 914.428.0010 or via email at bdempsey@dtsprovident.com. Very truly yours, DTS PROVIDENT DESIGN ENGINEERING, LLP Brian E. Dempsey, P.E., PTOE, RSP1 Partner ACCEPTED: BY: TITLE: DATE: https://divneytungschwalbe.sharepoint.com/sites/DTSP/Shared Documents/Projects/1152-Mamaroneck(Town)-Complete Streets Recommendations/Proj.Admin/Proposal/Complete Streets Recommendations Proposal R1.docx 2 Page 47 of 129 DTS ' PROVIDENT Intelligent Land Use DTS PROVIDENT DESIGN ENGINEERING,LLP SCHEDULE OF MUNICIPAL ENGINEERING FEES AND CHARGES SCHEDULE Payroll Based Projects and Labor Fees,as stated in the Agreement shall be defined as follows: PAYROLL BASIS-Services shall be charged at the following hourly rates: Hourly Rate Principal $215.00 Project Director $205.00 Senior Project Manager $190.00 Project Manager $180.00 Senior Project Engineer $175.00 Project Engineer .......... .. ..» $160.00 Assistant Project Engineer $145.00 Engineer $115.00 Chief Inspector $160.00 Field Inspector $130.00 Senior Technician $90.00 Technician $80.00 Technical Support Staff $70.00 FORENSIC AND TESTIMONY SERVICES-Forensic Services for litigation,including court appearances,deposition,arbitration and similar representation,shall be billed as follows: $275 per hour for Principal/Manager providing Services,and above Technical Staff at shown hourly rate with an added 10% premium for Support Staff services related to same. DEFINITION The above hourly rates include payroll costs,overhead and profit. Rates are subject to change based upon Annual Salary Adjustments. REIMBURSABLES In addition to the above Fees,project-related Direct Expenses shall be reimbursed at cost including the following: • Reproduction of Drawings&Specifications,and Prints. • Purchase of plans and documents. • Communications,postage/express mail,and special delivery services. • Permit and Application Fees. • Fees paid to special consultants/vendors/contractors with prior written approval of the Client. • All Travel and subsistence expenses. • Field Traffic Counters(Manual and Automatic). TAXES All Services and Charges may be subject to one or several States'Sale or Use taxes. These will be added when applicable. SUPPLEMENTAL SERVICES/CHANGE ORDERS Any work not described in the Scope of Services for this Agreement will be considered additional and performed only upon authorization of a Supplemental Agreement of said services and associated fees and schedules. These services can include,but are not limited to the following: • Changes in Scope of Services following start of said Services. • Re-work/re-design due to late receipt of information for which Client is responsible. • Re-work/re-design and/or new work/new design as a result of changes in the project during performance of the work. • Costs incurred as a result of project delays. • Additional attendance at meetings and/or construction observations not defined in the Agreement. • Supplemental,additional,and/or Special Services as defined in the Agreement. • Other services not covered in the approved scope of work. INVOICING/PAYMENT OF FEES Invoices will be submitted monthly based on work performed until project completion. Fixed Fee Projects will be invoiced based on Percentage Completion plus Direct Expenses/Reimbursables. Payroll Basis Projects will be invoiced based on actual hours performed by personnel classification plus Direct Expenses/Reimbursables. Payment shall be due within thirty(30)days of date of the Invoice. The amount due and owing shall bear interest after thirty(30)days from the date of the Statement at the rate of one and one half(1.5) percent per month. Page 48 of 129 DTS • PROVIDENT Intelligent Land Use DTS Provident Design Engineering, LLP—SCHEDULE OF TERMS & CONDITIONS The following terms and conditions are hereby incorporated by reference with the letter, proposal or agreement (collectively,the "Agreement")to which they are attached. The proposed Scope of Professional Services and Compensation of DTS Provident Design Engineering, LLP ("DTS Provident")are set forth in the Agreement. As used herein, "Client" and "Project" refer to the individual, entities and project described as such in the Agreement. 1) Professional Services a) Client Responsibilities-Unless otherwise provided under this i) Client acknowledges that such documents are not intended Agreement,Client shall provide full information in a timely or represented to be suitable for use on the Project unless manner regarding requirements for and limitations on the completed by DTS Provident. project. Client shall provide DTS Provident with access to the Project site to perform its work. Client shall also furnish in a (1) Any use or re-use of the documents without written timely manner such legal,design,existing conditions survey or verification,completion or adaptation by DTS other applicable services as may be required for the Project. Provident shall be at Client's sole risk and without DTS Provident will be entitled to use and rely upon all such liability or legal exposure to DTS Provident,and Client information and services. shall indemnify and hold harmless DTS Provident from all claims,damages,losses and expenses, b) Standard of Care-DTS Provident will perform its services with including reasonable attorneys'fees,arising out of or the standard of skill and care generally exercised by other resulting from such use or reuse;and planning,engineering or landscape architectural firms in the same locale acting under similar circumstances and conditions. (2) Such limited license to Client shall not create any Client acknowledges that DTS Provident's services will be rights in third parties. rendered without any warranty,express or implied. Nothing ii) Client recognizes that the data,plans,specifications, contained in the Agreement shall create a contractual reports,documents or other information recorded on or relationship with or a cause of action in favor of a third party transmitted as electronic media are subject to against either the Client or DTS Provident. undetectable alteration,either intentional or c) Environmental Condition of Site unintentional. Accordingly,documents provided to Client in electronic media are for informational purposes only i) Client shall be obligated to inform DTS Provident of any and are not an end product. applicable site safety procedures and regulations known to Client as well as any special safety concerns or e) Opinions of Cost—DTS Provident's opinions of probable environmental conditions at the Project site. construction cost,if provided under this Agreement,are to be made on the basis of DTS Provident's experience and ii) DTS Provident shall have no responsibility for the qualifications and represent DTS Provident's best judgment as discovery,presence,handling,removal or disposal of or an experienced and qualified professional generally familiar exposure of persons to hazardous materials in any form at with the construction industry. However,as DTS Provident has the Project site,including but not limited to asbestos, no control over the cost of labor,materials,equipment,or PCBs,mold,petroleum,hazardous waste,or radioactive services furnished by others,or over contractors'methods of material. To the fullest extent permitted by law,Client determining prices,or over competitive bidding or market shall hold harmless,defend and indemnify DTS Provident conditions,DTS Provident cannot and does not guarantee that from any and all claims,suits,damages,losses,judgments, proposals,bids,or actual construction costs will not vary from payments,awards,and expenses which directly or opinions of probable construction cost prepared by DTS indirectly arise from or relate to any such hazardous Provident. materials. f) Construction Phase Services d) Project Documents—All documents prepared by DTS Provident are instruments of service in respect to this Project. Provided i) If so provided in the Agreement,DTS Provident shall make that all professional fees and reimbursable expenses due are periodic visits to the site during the construction phase of paid to DTS Provident in a timely manner,DTS Provident the Project to become generally familiar with the progress expressly grants to Client an ownership and property interest and quality of the work,and to determine in general if the therein subject to the limitations set forth below. work is proceeding in accordance with the drawings and specifications prepared by DTS Provident. 1 11/01/21 Page 49 of 129 DTS • PROVIDENT Intelligent Land Use DTS Provident Design Engineering, LLP—SCHEDULE OF TERMS & CONDITIONS ii) DTS Provident shall not,however,at any time supervise, party relative to the project,except that DTS Provident shall be liable direct,or have control over any contractor's work,nor shall for claims,damages,losses,judgments and expenses due to the sole DTS Provident have authority over or responsibility for the negligence of DTS Provident,its owners,directors,and employees. means,methods,techniques,sequences,or procedures of To the fullest extent permitted by law,Client and DTS Provident construction selected or used by any contractor,for safety waive against each other,and the other's employees,officers, precautions and programs incident to a contractor's work directors,agents,insurers,partners,and consultants,any and all progress,nor for any failure of any contractor to comply claims for or entitlement to special,incidental,indirect,or with law and regulations applicable to contractor's work. consequential damages arising out of or in any way related to the Project. 2) Compensation&Payments 4) Agreement and Terms&Conditions a) Compensation for professional services,reimbursable expenses, and additional services shall be as specified in the Agreement. a) The Agreement and these Terms&Conditions will be governed Rates or prices quoted do not include state or local taxes where by and construed and interpreted in accordance with the laws applicable. of the State of New York. b) Payments b) If any term,condition or provision of these Terms&Conditions is found by a court of competent jurisdiction to be invalid,void i) Initial Payment,as described in the Agreement,is required or unenforceable,the remainder of these Terms&Conditions upon execution of the Agreement. shall remain in full force and effect,and shall in no way be ii) DTS Provident shall prepare invoices for professional affected,impaired or invalidated thereby. services and reimbursables in accordance with its standard c) Any waiver by either party or any provision or condition of these invoicing practices and shall submit such invoices to Client Terms&Conditions shall not be construed or deemed to be a on a monthly basis. Invoices are due and payable within waiver of a subsequent breach of the same provision or 30 days of receipt. condition,unless such waiver is so expressed in writing and Hi) In the event that Client fails to make any payment due DTS signed by the party to be bound. Provident for professional services or reimbursables within d) All notices to either party by the other shall be deemed to have 30 days after receipt of DTS Provident's invoice,then: been sufficiently given when made in writing and delivered in (1) Amounts due DTS Provident may be increased at the person or by email,certified mail or courier to the address of rate of 1.0%per month(or the maximum rate of the respective party or such other address as such party may interest permitted by law,if less),from the thirtieth designate. day,and e) The captions of these Terms&Conditions are intended solely (2) DTS Provident may,after giving seven(7)days written for the convenience of reference and shall not define,limit or notice to Client,either terminate or suspend services affect in any way the provisions,terms and conditions hereof or under this Agreement until Client has paid in full all their interpretation. amounts due for professional services,expenses and f) The Agreement and these Terms and Conditions represent the other related charges. entire understanding and agreement between the parties and c) In the event the orderly and continuous progress of DTS supersede any and all prior agreements,whether written or Provident's professional services is delayed or suspended oral,and may be amended or modified only by a written (including,without limitation,suspension due to Client's amendment signed by both parties. untimely payment of invoices),or Client authorizes changes in the scope,extent or character of the Project,the time for completion of DTS Provident's services,and the amounts of DTS Provident's professional fees,shall be adjusted equitably. 3) To the fullest extent permitted by law,Client shall hold harmless, defend and indemnify DTS Provident and its consultants,and each of their owners,directors,employees,heirs,successors and assigns from any and all claims,suits,demands,damages,losses,judgments, payments,awards,and expenses arising out of Client's negligence on the Project,any Project contractor's negligence in performing the work and/or supplying the materials,or the negligence of any other 2 11/01/21 Page 50 of 129 DTS • PROVIDENT Intelligent Land Use BRIAN E. DEMPSEY, PE, PTOE, RSP1 EDUCATION B.C.E.,Civil Engineering,Villanova University, 1986 M.B.A.,Finance,Fordham University, 1992 PROFESSIONAL REGISTRATIONS/CERTIFICATIONS Professional Engineer,New York(#068835), 1992 Professional Engineer,Connecticut(#18429), 1994 Professional Engineer,New Jersey(#39571), 1996 Professional Engineer,Pennsylvania(#053492-E), 1997 Professional Engineer,Delaware(#11422), 1998 Professional Engineer,Ohio (#77566),2013 Professional Traffic Operations Engineer(#260), 1999 Road Safety Professional(#393),2019 AREAS OF EXPERTISE Brian E. Dempsey, PE, PTOE is a Partner at DTS Provident Design Engineering, LLP (formerly Provident Design Engineering, PLLC, TRC Engineers and Raymond Keyes Associates) and has over 38 years of experience encompassing Traffic Engineering, Traffic Signal Design, Traffic Planning,Traffic Analysis,Improvement Plans, Corridor Analysis, and Parking Studies. REPRESENTATIVE EXPERIENCE Complete Streets and Pedestrian/Bicycle Safety Improvements,Rye,New York Mr,Dempsey was the developer of the original concept of installing a Road Diet along US Route 1 in the City of Rye. Mr.Dempsey was also the Senior Project Manager in charge of preparation of various Pedestrian Safety improvements as part of obtaining ARRA Stimulus funding for the City of Rye. These improvements included the provision of new sidewalks,bicycle lanes,crosswalks,ADA compliant ramps,curb extensions,and pedestrian signals(including for the visually impaired). The designs were prepared for the intersections of Playland Parkway/Forest Avenue,Midland Avenue/Palisade Road,and Boston Post Road(US Route 1)/Oakland Beach Avenue. Significant coordination with Westchester County and the NYSDOT was required throughout the project. Other projects included new pedestrian crossings with the provision of ADA ramps and Rectangular Rapid Flashing Beacons(RRFB's). A Safe Routes to School Program was also established. Complete Streets Study and Design Plans along Pleasantville Road on behalf of the Village of Briarcliff Manor. DTS Provident has studied and developed Design Plans for developing a Complete Streets concept in the Village Business District and neighboring areas in conjunction with a Grant for$3.5 Million being coordinated with the NYSDOT. Significant pedestrian and bicyclist improvements are being proposed included widen sidewalks,new sidewalks,bumpouts,ADA ramps,raised crosswalks and bicycle paths. On-street parking is being converted from angle spaces to parallel spaces. 1 Page 51 of 129 Brian Dempsey, PE, PTOE, RSP1 Intersection and Traffic Signal Coordination Study — Intersections of US Route 1 (Main Street) and Weyman Avenue as well as US Route 1 and Kings Highway on behalf of the City of New Rochelle. Mr. Dempsey performed traffic counts and conducted Synchro and Simulation Analysis of fifteen different alternatives of these two closely spaced signalized intersections with limited storage lengths. More than fifteen Conceptual Improvement Plans were developed for potential alternatives. Right-of-way was limited. Pedestrians for a nearby school was a critical consideration. Corridor Study—North Avenue on behalf of the City of New Rochelle.Mr.Dempsey prepared a Corridor Study along North Avenue. The Study encompassed seven-signalized intersections,from Fifth Avenue to Eastchester Road,in conjunction with proposed roadway widening and incorporated on-street parking. The review focused on methods to improve traffic circulation and enhance pedestrian safety,particularly pedestrian crossings.Future conditions were analyzed utilizing Synchro/SimTraffic Simulation software incorporating various alternatives. NY Route 9A and North State Road-Village of Briarcliff Manor,NY Mr. Dempsey was the Principle in Charge on behalf of the Village of Briarcliff Manor in conjunction with the NYSDOT and Westchester County). Conducted various studies including conducting vehicle and pedestrian traffic counts,capacity/queue analyses, simulation analysis, and signal coordination analysis in regard to nearby traffic signals.Mr. Dempsey was involved in the design of the Traffic Signal and Highway Plans which included roadway widening, resurfacing,pedestrian improvements, and ADA ramps.He also assisted in the preparation of the Bid Documents. Corridor Study -Wolfs Lane on behalf of the Village of Pelham. DTS Provident performed a Corridor Study beginning in the heart of the Village and continuing to the High School/Middle School. Pedestrian safety improvements combined with traffic calming improvements were considered including bumpouts and pedestrian signals as well as Leading Pedestrian Intervals. Truck turning maneuvers and emergency service impacts were analyzed. The location of on-street parking was also reviewed. Village of Sleepy Hollow, Complete Street Study and Plans—Sleepy Hollow,NY Mr. Dempsey conducted a Complete Streets Study and Conceptual Design Plans along a portion of US Route 9 in the Village in the vicinity of Philipsburg Manor, a heavy pedestrian area. The goal was to improve pedestrian safety and crossings,including during major activities,Field investigations were performed,and studies were conducted. Detailed Conceptual Design Plans were then coordinated with the NYSDOT,who has jurisdiction of the roadway. The various concepts included pedestrian improvements(including shortening crossings),converting a side street to one-way,restricting turns,and adjusting signal timings. Village of Mamaroneck Traffic Consultant,Traffic Engineering Services—Mamaroneck, NY-Mr.Dempsey was the Senior Project Manager of Traffic Engineering Services on behalf of the Village for various Projects including: Washingtonville Neighborhood Traffic and Parking Study;Fenimore Road/Bishop Avenue/Hoyt Avenue Intersection Study;Phillips Park Traffic and Parking Study;Mamaroneck Avenue/Mount Pleasant Avenue/Halstead Avenue/Hoyt Avenue Intersection and Pedestrian Study;Mamaroneck Avenue School Traffic and Parking Study; F. E. Bellows School Traffic and Parking Study;Daniel Warren School Traffic and Parking Study;Boston Post Road at Barry Avenue and at Harrison Avenue/The Parkway Intersection and Pedestrian Safety Study,in conjunction with the NYSDOT; Safe Routes to School Study; and Potential Firehouse Relocation Study. 2 Page 52 of 129 Brian Dempsey, PE, PTOE, RSP1 Village of Briarcliff Manor Safe Routes to School Project,Briarcliff Manor—Mr. Dempsey performed Pedestrian Safety Improvements and Traffic Engineering Services in conjunction with a$500,000 Safe Routes to School program. The project includes the design of new sidewalks and pedestrian crossings,the installation of Rapid Rectangular Flashing Beacons (RRFB's) at an unsignalized crossing,curb modifications,and updating of existing sidewalks,ramps, and pedestrian crossings to meet ADA and PROWAG Guidelines. Mr. Dempsey prepared traffic studies,environmental impact studies and design reports for submission to the FHWA and the NYSDOT for Intersection and Pedestrian Safety Improvement Projects. Complete Street Policies were followed including the provision of sharrows. Detailed discussions were held with the community to determine the need for various safety improvements. Village of Scarsdale,Complete Street Projects—Scarsdale,NY-Mr. Dempsey was/is Project Manager of Traffic Engineering Services on behalf of the Village for the preparation of various Complete Street Studies in and around the central business area. Mr.Dempsey prepared various Traffic studies including parking analysis,circulation review and vehicle and pedestrian safety analysis in the business district. These studies were performed to improve pedestrian and vehicle circulation and safety,provide additional parking, and improve aesthetics. Various roadway/parking improvements and traffic calming measures were implemented. Mr. Dempsey is currently performing complete street analyses along Popham Road to consider potential pedestrian improvements including modified crosswalks and potential Leading Pedestrian Intervals. Village of Pelham Manor,Corridor Signage and Striping Study—Pelham Manor,NY-Mr. Dempsey was the Senior Project Manager of Traffic Engineering Services on behalf of the Village to categorize and update to current MUTCD Standards the signage and striping along the Pelhamdale Avenue Corridor,including at US Route 1. Village of Tarrytown,Main Street Complete Streets Corridor Review and One-Way Study —Tarrytown,NY-Mr. Dempsey was the Senior Project Manager of Traffic Engineering Services on behalf of the Village to analyze the Main Street Corridor utilizing Complete Street features including the conversion of the roadway to one-way. More than a dozen concepts were developed to improve pedestrian and bicyclist conditions,including focusing on a one-way system. Wider sidewalks,modifications to on-street parking,impact to US Route 9 (under NYSDOT jurisdictions),traffic signal modifications, and other adjustments were considered. The one-way concept was analyzed for each direction separately and various concepts were considered. In the end,the conversion was not performed based on the impact on emergency vehicles after testing of turning maneuvers and the increase in response time. 3 Page 53 of 129 Brian Dempsey, PE, PTOE, RSP1 PROFESSIONAL AFFILIATIONS Institute of Transportation Engineers(ITE)—Fellow Mr. Dempsey is serving on various Institute of Transportation Engineers(ITE)Committees and has been involved in various ITE publications. In addition,Mr. Dempsey has made technical presentations at both local and international ITE conferences. New York State Association of Transportation Engineers(NYSATE)-Member PROFESSIONAL PUBLICATIONS Mr. Dempsey has been involved with co-authoring or a member of the technical committee for several publications including,but not limited to: ITE Trip Generation Manual-6t1i, 7h, 8h, 9th, 10th and 1 Editions ITE Parking Generation—4h, 5th and 6tn Editions Sight Triangle and Corner Clearance Policies at Intersections and Driveways,2014 Survey of Guidelines Used to Select Sidewalk Locations, 2015 (Received Traffic Engineering Council Best Project Award) Pavement Marking Patterns Used at Uncontrolled Pedestrian Crossings,2010 Trip Generation Characteristics of Shopping Centers, 1996 INSTITUTE OF TRANSPORTATION ENGINEERS (ITE) PRESENTATIONS ITE District 1 (Northeast) Conference: Improving Pedestrian and Vehicle Safety at Older Suburban Elementary School,June 2011 ITE International Conference (Annual Meeting): Improving Safety at Suburban Schools, August 2002 ADDITIONAL CREDENTIALS Mr. Dempsey has also made presentations to various other organizations including Traffic Calming Presentations to the Westchester Municipal Planning Federation (WMPF) and regarding the Manual on Uniform Traffic Control Devices (MUTCD) to the Westchester County Association of Municipal Public Works Administrators(WCAMPWA). Mr. Dempsey is also a member of the Westchester County Traffic Safety Board. 4 Page 54 of 129 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: Amendment to the Noise Ordinance Date: August 14, 2024 Please see the attached proposed amendment to the noise ordinance from Town Attorney, William Maker. There have been no changes to this amendment since the August 14th Town Board meeting. If the Board is satisfied with the current amendment, I recommend setting a public hearing for the September 18th Town Board meeting. Action Requested: Resolved that the Town Board hereby sets a public hearing for "Amendment of Local Law No. 1 of 2024"for the September 18,2024 Town Board meeting. Attachment/s: 2024-8-09-LL exempt golf and mx transmitting rvsd. Page 55 of 129 0 IF o .�A0 Town of Mamaroneck cl ; County of Westchester •FOUNDED 6s,� 740 West Boston Post Road, Mamaroneck,NY 10543-3353 COUNSEL TEL: 914 / 381-7815 FAX: 914/ 381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson,Town Administrator From: William Maker,Jr., Attorney for the Town Subject: Amendment to the Noise ordinance Date: August 9, 2024 When Local Law No. 1 of 2024 was passed, its time restrictions on the use of power tools included the golf clubs in Town which use power tools to maintain and prepare for daily activities. Such restrictions on golf clubs had not existed previously. This law amends the section in Local Law No. 1 containing the inadvertent restriction by eliminating it. The proposed law is presented in both a redlined version of the pertinent section of Local Law No. 1 and in a 'clean' condition. Though the topic is different, this proposal is consistent with the provision of Local Law No. 1 that distinguishes properties in the Recreation District(i.e. the golf clubs)by allowing such properties to continue to use gasoline-powered leaf blowers after December 31, 2024. It also is similar to exemptions from noise ordinances for golf clubs in other Westchester communities,see e.g. section 205-5 (0) of the Code of the Village of Scarsdale, section 122-5 (D) of the Code of the City of Rye and 224-26 (L) (4) of the Code of the Village of Dobbs Ferry. A copy of each of these sections is attached. If the Town Board considers the matter worthy of public discussion, it can set a public hearing where the adoption of this law would be the topic. Page 56 of 129 Local Law No. -2024 This local law shall be known as the "Amendment of Local Law No. 1 of 2024" law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: Local Law No. 1 of 2024, entitled 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 overhauled the Town Code with respect to the operation of power tools and leaf blowers. In doing so, the Law inadvertently imposed restrictions upon the properties in the Town's Recreation zoning district that had not existed previously. This law eliminates the inadvertent restriction. Section 2—Amendment of a current section 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: other than a power tool designed to remove snow, in the zonin districts of the unincorporated area of the Town, other than the Recreation District:R 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. Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. August 2,2024 Page 57 of 129 Local Law No. -2024 This local law shall be known as the "Amendment of Local Law No. 1 of 2024" law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 —Purpose: Local Law No. 1 of 2024, entitled 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 overhauled the Town Code with respect to the operation of power tools and leaf blowers. In doing so, the Law inadvertently imposed restrictions upon the properties in the Town's Recreation zoning district that had not existed previously. This law eliminates the inadvertent restriction. Section 2—Amendment of a current section 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, other than a power tool designed to remove snow,in the zoning districts of the unincorporated area of the Town, other than the Recreation District: R, 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. Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. August 2,2024 Page 58 of 129 ,sdale,NY NOISE § 205-5 and for the minimum duration suggested by the manufacturer. Such testing/exercising of a generator shall not be conducted on any legal holiday. During such testing, the sound level limit shall be no more than 70 dBA measured at the real property line of the parcel of land in which the affected person is located.No person shall at any time operate a generator before 8:00 a.m.or after 6:00 p.m.,Monday through Friday, and before 10:00 a.m. or after 5:00 p.m. on Saturdays or at any time on Sundays and legal holidays, unless there is a power outage. Generators used on a permitted construction site may not exceed 65 dBA measured at the real property line of the parcel of land in which the affected person is located. L. Mechanical equipment. It shall be unlawful for any person in the operation of any air-conditioning equipment or part thereof or any other type of mechanical equipment or apparatus installed on or connected to a structure to make,continue or cause to be made any noise disturbance.The sound level limit for all mechanical equipment shall be 60 dBA measured at the real property line of the parcel of land in which the affected person is located. M. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a frequent,repetitive or continuous noise disturbance across the real property line of the parcel of land in which the affected person is located is prohibited and is also prohibited before 8:00 a.m. or after 6:00 p.m., Monday through Friday, and before 10:00 a.m. or after 5:00 p.m. on Saturdays or at any time on Sundays and legal holidays. §205-5. Exemptions. �� COD �-- The following sounds are exempt from the regulations of this chapter: A. Sounds from power tools used for landscaping, lawn mowers and garden equipment, excluding gasoline blowers, when operated between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday,and between the hours of 10:00 a.m.and 5:00 p.m.on Saturdays,Sundays,and legal holidays. All motorized equipment used in these activities shall be operated with a muffler. B. Sounds produced in conjunction with any military or civic parade. C. Sound from a snowblower, snow thrower, electric snow shovel or snowplow used for the purpose of snow removal between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, and between the hours of 10:Q0 a.m. and 5:00 p.m. on Saturdays, Sundays,and legal holidays. D. Sound from an exterior burglar alarm of any building,provided that such alarm shall terminate within 15 minutes after it has been activated. E. Sound used for the purposes of alerting a person of an emergency. F. Sound from the performance of emergency work. G. Sound from a municipally sponsored event. H. National Warning System (NAWAS); systems used to warn the community of attack or imminent public danger such as flooding, explosion or hurricane. I. Sounds from municipal-sponsored projects,work or repairs as ordered by the Village Manager,or his or her designee,including public or private garbage pickup. J. Motor vehicles on public roadways otherwise in compliance with § 205-5E. K. The unamplified human voice is exempt from the sound restrictions of this chapter;however, it may Downloaded from https://ecode360.com/SC0993 on 2024-07-25 Page 59 of 129 arsdale,NY J5-5 SCARSDALE CODE § 205-7 be determined that an individual is creating a noise disturbance pursuant to § 205-3. L. Surface carriers engaged in commerce by railroad. M. Noise of aircraft flight operations. N. Sounds generated by, or associated with,organized sporting events of any public or private school or generated by, or associated with, any sport or recreational activity sponsored or permitted by the Village. olf courses when conducting normal groundskeeping operations, except that all other noise which is piamiy audible shall be subject to the provisions of this chapter. §205-6. Enforcement. The Code Enforcement Officer, the Building Inspector of the Village of Scarsdale and/or the Village Police Department is hereby empowered and authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. §205-7. Penalties for offenses. Violation of this chapter shall be punishable as follows: A. By a fine no less than$250 for the first violation. B. For a second offense occurring within one year of the first offense,a fine no less than$500. C. For a third or further offense occurring within one year of the first offense,a fine no less than$1,000. D. Each day that a violation of this chapter exists may constitute a separate violation.If the sound source found to be in violation is'a sound production device, each separate hour in which a violation of this chapter exists may constitute a separate violation. The owner of the property and/or the owner of the commercial establishment from which sound is emitted and the person causing the generation of the sound may be separately liable for a violation of this chapter. Downloaded from https://ecode360.com/5C0993 on 2024-07-25 Page 60 of 129 :ye,NY 1 122-3 CITDRYE § 122-7 § 122-3. Use of electric leaf blowers. Effective January 1, 2023, electric leaf blowers may be used for landscaping activities on a year-round basis. § 122-4. Use of gas leaf blowers. Effective January 1, 2023, gas leaf blowers may only be used during the Fall and Spring cleanup seasons defined as from October 1 to December 15 and from March 1 to April 30.At all other times of the calendar year,the use of gas leaf blowers is prohibited. Except in R-1 Residence Districts, and on lots greater than one acre in size,only one gas leaf blower may be utilized per lot during the Fall and Spring cleanup seasons as defined above. (§122-5. Days and hours of operation of motorized landscaping equipment. A. The use of motorized landscaping equipment,including lawn mowers,leaf blowers and other outdoor machine-powered equipment, is permitted only between 8:00 a.m. and 6:00 p.m. on weekdays and 10:00 a.m.and 4:00 p.m.on weekends.The permitted hours described in this subsection will apply to the use of gas leaf blowers during the Fall and Spring cleanup seasons when the use of gas leaf blowers is permitted. B. The use of motorized landscaping equipment,including lawn mowers,leaf blowers and other outdoor machine-powered equipment, is not permitted on holidays, Rosh Hashanah or Yom Kippur. [Amended 6-14-2023 by L.L.No. 9-2023] C. The head of the Rye Department of Public Works may permit the expanded use of gas leaf blowers, or use of motorized landscaping equipment, on holidays, for a period not to exceed 14 days after significant storm events or during other emergency situations. 0DThe restrictions regarding the use of motorized landscaping equipment, including gas leaf blowers . and other outdoor machine-powered equipment, in this chapter shall not apply to the following entities and activities: municipal, schools, religious institutions, membership clubs, olf courses, hospital and retirement communities,cemeteries,and driveway/road paving and sealing activities. E. The above restrictions shall not apply to snowblowers or use of motorized equipment for the purposes of snow or ice removal. F. Moving leaves or yard debris to City streets, public property, storm drains or abutting lots is prohibited at all times. § 122-6. Enforcement. The provisions of this chapter shall be enforced by the City of Rye Police Department, the Rye Building Department or any other City employee designated by the City Manager. §122-7. Penalties for offenses. A. Gas leaf blowers. The following parties shall have committed a violation of this chapter if it is not complied with: (1) The party(ies)operating the gas leaf blower(s); and (2) The party who employed the person(s) who operated the gas leaf blower(s) at the time of Downloaded from https://ecode360.com/RY0730 on 2024-07-25 Page 61 of 129 JoQc P Village of Dobbs Ferry, NY Friday,August 2, 2024 Chapter 234. Peace and Good Order Article VIII. Noise § 234-26. Unnecessary noise. It shall be unlawful for any person to make, continue or cause to be made or continued any of the following acts producing audible sound, which are hereby declared to be loud, disturbing and unnecessary noise in violation of this article: A. Horns, signaling devices, etc. The sounding of any horn or other signaling device, including but not limited to sirens, on any automobile, motorcycle or other vehicle, other than an emergency vehicle, on any street or public place, except as a danger or burglar warning. B. Car alarms. The sounding or allowing to be sounded of any vehicle alarm for any reason other than an emergency on any vehicle parked on any street or public place within the Village of Dobbs Ferry for a length of time which exceeds 10 minutes. For the purpose of this article, the registered owner of the vehicle shall be deemed the person responsible for any violation involving an unoccupied vehicle. More than two instances of an alarm sounding on the same vehicle for any cause other than an emergency within an eight-hour period shall authorize the towing of the offending vehicle at the owner's expense from any public area or area accessible to the public. C. Burglar, intruder, security, etc., alarms. The sounding or allowing to be sounded of any burglar, intruder or security or fire alarm at a residence or a commercial establishment for a length of time that exceeds 10 minutes, for any reason other than an emergency for which the system was designed and installed. For the purpose of this article, the owner of the property, or the lessee, if said lessee is responsible for maintenance of the alarm system, shall be deemed the person responsible for any violation involving a nonemergency sounding of the alarm. More than two instances of an alarm sounding at the same location for any cause other than an emergency within an eight-hour period shall be cause for the imposition of a fine or such penalty as provided by this article or the Board of Trustees of the Village of Dobbs Ferry. D. Radios, televisions, electronic sound-reproduction devices, etc. The using, operating or permitting to be played, used or operated of any radio, musical instrument or instruments, phonograph or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto. "Neighboring inhabitants" shall also be interpreted to mean those persons in close proximity to the operator of an above-listed device in a park or playground. The operation of any such set, instrument, phonograph, machine or device between the hours of 12:00 midnight and 7:30 a.m. in such manner as to be plainly audible on adjacent properties shall be prima facie evidence of a violation of this section. E. Loudspeakers (amplifiers for advertising). The using, operating or permitting to be played, used or operated of any radio, musical instrument or instruments, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to a building or a structure. Page 62 of 129 F. Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets or any public place at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity shall be enforceable under the provisions of the New York State Penal Law in accordance with the specific provisions of New York State Penal Law§ 240.20. G. Animals. The keeping or harboring of any animal which barks, whines or makes any other noise continuously for a period of 10 minutes or more at a volume which can be heard anywhere beyond the owner's premises. For the purpose of this subsection, "continuously" shall mean constant, without any period of silence that exceeds 30 seconds. H. Blowers and fans. The operation of any blower, power fan or any internal combustion engine, the operation of which causes noise due to the detonation of operating gases or fluids or the expulsion of air, unless the noise from such blower or fan is muffled and such engine is equipped with a properly functioning muffler or baffling device or effective noise-absorbent material sufficient to deaden such noise. The decibel level generated by any such equipment covered by this section shall not exceed 65 db when measured from an adjacent or nearby property where said noise is alleged to be disturbing the peace, quiet and enjoyment of said property. I. Leaf blowers and outdoor power tools. [Amended 5-13-2008 by L.L. No. 4-2008; 11-12-2013 by L.L. No. 9-2013] (1) The use of all leaf blowers, excluding electric-powered, are prohibited except between March 15 and May 15 and October 15 and December 15, and then only from 8:00 a.m. until 6:00 p.m. on Monday through Friday, and 10:00 a.m. until 5:00 p.m. on Saturday, Sunday and holidays. [Amended 6-22-2021 by L.L. No. 2-2021] (2) The operation of any engine-driven power tool or motorized equipment before 7:30 a.m. and after 6:30 p.m., Monday through Friday, and before 9:00 a.m. and after 5:00 p.m. on Saturdays, Sundays and legal holidays is prohibited, except that grass may be cut with an internal combustion engine lawn mower by the occupant of the premises on any day between the hours of 5:00 p.m. and 8:00 p.m. Any such tool or equipment shall be properly equipped with a muffler or other properly installed manufacturer-approved noise-reduction device so designed and in such condition as to prevent unnecessary noise and to prevent a public nuisance in its operation. (3) Promulgation of additional rules and regulations. The Village Administrator is authorized to promulgate rules, regulations and standards applicable to the above power tools and 1 equipment in an effort to control such noise and lessen the effect of that noise on the quality of life of the Village. Such rules shall not become effective until approved by the Village Board of Trustees. (4) Exceptions to this subsection: (a) Golf course operations uunicipal and school employees while in the performance of their regular duties beyond 100 feet from the nearest residence. (b) Utility companies, municipal and school employees or property owners and/or their subcontractors while performing emergency repairs. J. Restaurants. The playing, causing to be played or permitting to be played of music of any kind or description, including instrumental music, radio, player piano, jukebox, recorded, electronically produced or vocal music, which interferes with the repose, health, comfort, safety or welfare of any person and is plainly audible from adjacent properties, between the hours of 12:00 midnight and 7:30 a.m. in any restaurant, bar, tavern and/or other public place licensed to sell liquors, wines or beer to be consumed on the premises. K. Motor vehicle radios. The use or operation of any radio, tape player, disc player or other electronic sound-reproduction device located within a motor vehicle being operated or parked on any public street or place accessible to the public in such manner as to disturb the peace and repose of persons in their homes, businesses or on the streets, or at any time, with louder volume than is Page 63 of 129 necessary for convenient hearing of the person or persons who are voluntary listeners within the vehicle. The operation of any such radio or electronic sound-reproduction device with a vehicle in such a manner as to be audible to those outside the vehicle at a distance of 25 feet or more from the source, as best that point can be estimated without the use of any distance-measuring device, regardless of the time of day, shall be prima facie evidence of a violation of this section. Said 25 feet may be measured horizontally or vertically. L. Construction. Causing or committing to be caused unnecessary noise during the erection, excavation, demolition, alteration or repair of any building or structure. [Amended 11-12-2013 by L.L. No. 9-2013] (1) Homeowners may, if performing their own work (without aid of a subcontractor or employee) of erection, excavation, demolition, alteration or repair of any building or structure on their own premises, do so between 7:30 a.m. and 6:30 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m., Saturdays, Sundays and holidays. (2) Work involving the use of machinery, including but not limited to rock breaking, pile driving, riveting, power sandblasting and chain sawing, that emits continuous sounds, audible from a distance of 300 feet or more from the work site, must cease for 30 minutes within every three hours of operation to provide respite to the surrounding community. Work by anyone using machinery, including but not limited to rock breaking, pile driving, riveting, power sandblasting and chain sawing, shall commence at 7:30 a.m. and end at 6:30 p.m., Monday through Friday, and commence at 9:00 a.m. and end at 5:00 p.m. on Saturdays. No such work shall be performed on Sundays or holidays. M. Noise generated by any establishment that impacts its neighbors. Creating noise that disturbs the peace, quiet and comfort of the neighboring residential inhabitants by any establishment, including businesses, commercial establishments, houses of worship or educational institutions in an industrial zone or in a residential or business zone, between 6:30 p.m. and 7:30 a.m., Monday through Friday, and 5:00 p.m. to 9:00 a.m. Saturdays, Sundays and holidays. Noise that is plainly audible at a distance of 25 feet or more from the source, as best that point can be estimated without the use of any distance-measuring device, during the hours specified, shall be prima facie evidence of a violation of this section. Establishments in violation of this provision may be required by the Board of Trustees to make modifications, alterations or other changes to their structure in order to come into compliance with this provision. [Amended 11-12-2013 by L.L. No. 9-2013] N. Motor vehicles. (1) Noise emanating from the operation of motor vehicles on public highways is regulated by the New York State Vehicle and Traffic Law. The maximum levels set forth in the Vehicle and Traffic Law for the operation of vehicles on public highways, as they may be amended from time to time, are hereby designated to be the maximum permissible noise levels for the operation of motor vehicles on all other property as well as public highways within the Village of Dobbs Ferry.[1] [1] Editor's Note: See Vehicle and Traffic Law§386. (2) Allowing the engine of a truck or bus, including school buses, to idle while the vehicle is standing for a period exceeding five minutes, with the exception of vehicles with refrigeration systems where the engine must be running in order to power the refrigeration unit. O. Exhausts and mufflers generally. Causing or permitting the operation of any device, fan, vehicle, construction equipment, lawn maintenance equipment, including but not limited to any diesel engine, internal combustion engine or turbine engine, that has been modified or becomes defective so as to cause the level of sound emitted to be greater than that emitted when originally manufactured, nor shall any person operate said devices, equipment, etc., with the muffler or noise- reduction equipment removed. Page 64 of 129 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 CC: Tracy Yogman, Town Comptroller Re: 2024 Capital Budget Amendments Date: September 4, 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 65 of 129 u1 # I Town of Mamaroneck t Comptroller, Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: September 4, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2024 capital budget amendments are recommended for approval. 1. Brookside Place Water Main Replacement (H1401) Additional funding is needed to complete the asbestos water main replacement on Brookside Dr as a result of: the proximity to river created more issues than anticipated added to the duration and scope of project; Larger excavation required; more rock encountered than expected and additional materials required. A budget amendment to transfer funds from the water contingency to the capital project is recommended below. 2. Waverly Avenue Bridge (H5162) Construction management for the Waverly Avenue Bridge Replacement has required out of scope efforts for utility coordination prior to start of construction, response to traffic impact concerns and preparation of mitigation recommendations, and also requires extension of continued services to accommodate the construction schedule. As a result, a budget amendment is recommended below to increase the project by $392k from the fund balance in the General Fund. Attachment/s: 2024 CAPITAL BUDGET AMENDMENTS - September 4, 2024 Page 66 of 129 CAPITAL FUND (FUND H) Amount 1 Expense H1401-0400 Brookside Water Main Increase 36,879.52 Revenue H1401-5038 Transfer from Water Fund Increase 36,879.52 2 Expense H5162-0400 Waverly Ave Bridge Increase 392,000.00 Revenue H1401-5038 Transfer from General Fund Increase 392,000.00 GENERAL FUND (FUND A) 2 Expense A9900-9950 Transfer to H (H5162) Increase 392,000.00 Revenue A9999-5995 Appropriated Fund Balance (H5162) Increase 392,000.00 WATER FUND (SW) 1 Expense SW8340-4050 Contingency(H1401) Decrease (36,879.52) Expense SW9900-9950 Transfer to Water Fund (H1401) Increase 36,879.52 Page 67 of 129 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 CC: Pamela Valenza, Town Assessor Re: GAR Associates Agreement Date: September 4, 2024 Attached is a memo from Town Assessor, Pamela Valenza, regarding a renewal agreement for revaluation services with GAR Associates. Action Requested: Resolved that the Town Board hereby approves the agreement with GAR Associates for revaluation services, effective January 1, 2025 and ending January 1, 2029 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Memo TB GAR Agreement v3 GAR Associates Agreement 2025-20296-29-24 v2 Page 68 of 129 9?S 0 p (Ft m x0 •FOUNDED 1661 TOWN OF MAMARONECK ASSESSOR' S OFFICE 7 4 0 West Boston Post Road Mamaroneck , NY 1 0 5 4 3 www . TownofMamaroneckNY . org MEMORANDUM T0: Meredith Robson, Town Administrator FROM: Pamela Valenza, Assessor DATE: 08/27/2024 RE: GAR Agreement Attached is the renewal agreement with GAR Associates. The Town of Mamaroneck has contracted with GAR Associates for revaluation services since the Town's initial project in 2013. A new multi-year plan is necessary with the culmination of the last agreement (2020-2024) and to continue to maintain assessment equity at 100% of full market value in compliance with the NYS ORPTS guidance cyclical assessment program. The attached agreement defines the services from 2025-2028. The prices quoted in the agreement have remained unchanged since 2017 and the terms and conditions are virtually the same, but of course have been updated with new dates for the work to be completed. • Page 1 Page 69 of 129 AGREEMENT FOR PROFESSIONAL SERVICES Agreement made this _day of , 2024 by and between the TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, a municipality of the State of New York, (hereinafter referred to as the "TOWN") and GAR ASSOCIATES LLC, having a principal place of business at 5500 Main Street Suite 347, Williamsville, New York 14221, (hereinafter referred to as the "CONTRACTOR"). WHEREAS,the TOWN authorized the undertaking of maintaining equitable property assessments at 100% of Full Market Value of all parcels of real property within its geographic boundaries for the purpose of preparing the final assessment rolls annually each September 15, (tentative roll each June) This hereinafter referred to as the "PROJECT". WHEREAS,this agreement supersedes the previous agreement dated and signed September 9, 2020. 1 Page 70 of 129 Services to be Performed. At the request of the TOWN, CONTRACTOR agrees to provide professional appraisal and consulting services for the purpose of maintaining equitable property assessments including but not be limited to, assessment support services associated with the requirements of maintaining equitable property assessments. See proposal of services attached. TERM. The TOWN agrees to employ CONTRACTOR to provide assessment support services, as indicated, for the period commencing January 1, 2025, and ending January 1, 2029. RENEWAL Based on the New York State Office of Real Property Tax Services (NYSORPTS) requirements of maintaining equitable assessments and potential corresponding Aid program, including rules and procedures, along with the intentions of the Town to maintain equitable property assessments at 100%full market value, the TOWN may renew this agreement under the current terms and conditions for up to two (2) one-year terms. If a longer term is requested,the TOWN agrees that CONTRACTOR can provide a proposal of updated costs. If the TOWN authorizes the renewal,the TOWN and CONTRACTOR agree that this agreement can be amended. CANCELLATION Either party may cancel this agreement upon sixty (60) days' written notice to the other party. Upon cancellation, the TOWN will pay the CONTRACTOR any and all outstanding payments pro- rated up to the cancellation date. 2 Page 71 of 129 COMPENSATION. Assessment and Reassessment Support Services. As part of this agreement,appraisal and valuation consultation services will be performed by the CONTRACTOR to assist the TOWN in maintaining equitable property assessments (see attached proposed services). Assessment Support Compensation is to be paid to the CONTRACTOR in the amount not to exceed Seventy-Five Thousand Dollars($75,000)for 2025,Seventy-Five Thousand Dollars ($75,000)for 2026, One Hundred Thousand ($100,000)for 2027, and One Hundred Thirty Thousand Dollars($130,000) for 2028. Contractor's billing shall be pursuant to Exhibit"A" attached hereto and made a part hereof. The Town and CONTRACTOR agree that in the event the Town chooses to conduct a Reassessment Project in compliance with the NYSORPTS requirements under the Aid Program for Reassessment, additional costs may be required. A detailed explanation of any additional services required will be provided to the Assessor, prior to any work performed. ADDITIONAL SERVICES During the term of this agreement, in the event the Assessor determines additional services are required from CONTRACTOR, the Assessor will request in writing such services. CONTRACTOR will provide a proposal of costs associated with the requested services. Upon written authorization from the Town Administrator, CONTRACTOR will provide requested services and CONTRACTOR will bill the TOWN accordingly. These additional services are not part of the fixed price compensation. Contractor's compensation for additional services shall be pursuant to Exhibit "B" attached hereto and made a part hereof. CLARIFICATION OF TERM The TOWN and CONTRACTOR acknowledge that the agreement term follows the NYS Assessment Calendar (September 15th Final Roll Filing, July 1st Valuation Date, May 1ST Taxable Status Date, June 1st Tentative Roll Filing and the 3th Tuesday in June — Grievance Day). The TOWN and CONTRACTOR further acknowledge that the TOWN's fiscal year and therefore budget year is based on a calendar year(January 1—December 31). Therefore services performed for a particular Final Assessment Roll (September 15th ) can commence the previous year. 3 Page 72 of 129 Clarification of NYSORPTS Aid for Reassessments The TOWN and CONTRACTOR acknowledge that NYSORPTS continues to revise the requirements regarding Aid for Reassessments. The TOWN and CONTRACTOR further acknowledge that NYSORPTS may change the rules and requirements for the qualification of NYS Aid for Reassessments at any time and that based on the TOWN's intentions to apply and qualify for this Aid program,CONTRACTOR may be asked to modify support services. Request for modifications to services must be submitted in writing to CONTRACTOR from the TOWN and the TOWN must provide written authorization to proceed with modified services. If fees for modifications requested by the TOWN exceed contractual compensation outlined previously, CONTRACTOR will submit a proposal for any additional costs. NO ASSIGMENT In accordance with the provisions of Section 109 of the General Municipal Law,the CONTRACTOR is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this agreement, or of its right, title or interest in this agreement, or its power to execute this agreement, to any other person or corporation without the previous consent in writing of the TOWN. INDEPENDENT CONTRACTOR (a) It is hereby mutually covenanted and agreed that the relation of CONTRACTOR to the work performed by it under this contract shall be that of an independent CONTRACTOR. As an independent, GAR ASSOCIATES,INC., will be responsible for damage, loss or injury to persons or property that may arise in or be incurred due to negligent acts, errors and omissions of said work covered by CONTRACTOR. (b) CONTRACTOR in accordance with its status as an independent CONTRACTOR, covenants and agrees that it will conduct itself consistent with such status. It will neither hold itself out as nor claim to be an officer or employee of the TOWN by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN including, but not limited to, worker's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit. 4 Page 73 of 129 REQUIRED PROVISIONS OF LAW: Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein. If any such provision is not inserted through mistake or otherwise, then upon the application of either party, this contract shall be physically amended forthwith to make such insertion. In particular,the CONTRACTOR shall, among other things,fully comply with: (a) Labor Law Section 220(e) and Executive Law Sections 291-299 and Civil Rights Law relating to prohibition against discrimination and equal opportunity. (b) Affirmative action as required by the Labor Law. (c) Prevention of dust hazard required by Labor law Section 222(a). (d) Preference in employment of persons required by Labor Law Section 222. (e) Eight(8)-hour day as required by Labor Law Section 220(2). NOTICES Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: TO: TO: TOWN: CONTRACTOR: Meredith S. Robson David M. Barnett, MAI, SRA, Member Town of Mamaroneck GAR Associates LLC 740 West Boston Post Road 5500 Main Street, Suite 347 Mamaroneck, NY 10543 Williamsville, NY 14221 MODIFICATION This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. 5 Page 74 of 129 AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN The Town Administrator has executed this agreement pursuant to a Resolution adopted by the Town Board of the Town of Mamaroneck, and, is duly authorized and empowered to execute this instrument and enter into an agreement on behalf of the TOWN. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk of the Town of Mamaroneck. WAIVER No waiver of any breach of any condition of the agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. ADDITIONAL TERMS TOWN and CONTRACTOR agree that the terms and conditions of this Addendum AA shall be a binding part thereof TOWN OF MAMARONECK GAR ASSOCIATES LLC By: Meredith S. Robson By: David M. Barnett, MAI, SRA Its: Town Administrator Its: Member Date: Date: IN WITNESS WHEREOF,the parties hereto have set their hands and seals This day of , 2024. TOWN OF MAMARONECK, NEW YORK BY, (Seal) GAR ASSOCIATES LLC (Seal) BY, David M. Barnett, MAI, SRA, Member 6 Page 75 of 129 Exhibit A GAR ASSOCIATES LLC - INVOICE/PAYMENT PROCESS Invoices to include detail summary of services provided. Invoices will be submitted monthly as services are provided. Example Format: For Services Rendered Ending : yy/yy/yyyy Description of Services: Sales Verification and Validation $X,XXX Commercial Type Properties $X,XXX Residential Type Properties (Consultation) $ XXX Statistical Analysis—Identification of Inequities $X,XXX Valuation Modeling $X,XXX Neighborhood Delineation Updating $XXXX Valuation Production $X,XXX Total Service Provided for Month Ending: yy/yy/yyy $XXXX Current Credit Balance: ($X,XXX) Net Invoice Due: $X,XXX *Authorized Additional Services to be billed monthly as provided. **In the event the Town chooses to conduct a Reassessment Project under the NYSORPTS requirements for Aid for Reassessments and the Town authorizes additional services as stated in the proposal modifications to the above payments schedule will be required. ***Invoices to include a detailed summary of services provided corresponding to payment. 7 Page 76 of 129 Exhibit B Additional Services and Pricing Consultation: GAR can provide consultations (valuation and other)to assessment office. Typically, this occurs with specific permit processing, Town Attorney—Article 7 cases. Assist assessor and assessment staff with various RPSV4 processing, reports, etc. Senior Real Property Appraiser—Residential (NYS Certified): $125/hr Senior Real Property Appraiser—Commercial (NYS Certified): $175/hr Designated Real Property Appraiser $250/hr RPS Technical Support: RPS Technician: $60/hr Senior Analyst: $100/hr Public Relations Specialist: $125/hr Managerial: $125/hr NYS Certified Assessor-Consultant: $125/hr Residential Reappraisal (Market Document Generation & Field Review): For neighborhoods/parcels requiring valuation review to maintain equity, GAR will assist assessor in generating the appropriate market documents and application to the tablet PC's.These services are included in the annual pricing structure for non-town wide update years. GAR will provide up to a maximum of 1,500 residential field reviews, if required, under the fixed price of the agreement. All remaining field reviews will be performed by Town assessment staff. Residential Field Review assistance for Town Wide Reassessment Project Update: GAR will provide up to a maximum of 4,000 residential field reviews, if required, under the fixed price of the agreement. If additional field reviews are required GAR will perform at a per parcel rate of$20/pp. Commercial Reappraisal (Valuation Updating, Document Generation & Field Review): Unless unforeseen significant changes in commercial values, GAR recommends a comprehensive review of commercial values for the Town Wide Reassessment Update years. GAR will perform the valuation and field review under the agreement fixed price. 8 Page 77 of 129 Assist with Producing COA, cover letter, public education information: GAR will work with assessor in producing(running)the appropriate Change of Assessment notices for those parcels reviewed for the 2025, 2026, 2027 and 2028 assessment rolls. GAR will also assist with creating an appropriate and informative cover letter to be mailed with these notices. The mailing costs will be the responsibility of the town. GAR recommends sending a Commercial Income and Expense Mailer in 2027. GAR will create the mailer and be the contact for any questions concerning the mailer. The town will be responsible for mailing costs. GAR recommends the Town send a post card in early 2027 to all residential property owners requesting they review their property inventory on-line (town assessment website). This process will be the responsibility of the Town. GAR will provide updated web videos (maximum of 3) in 2027 and 2028 (town wide reassessment update). Printing: Town's Responsibility Mailing: All pricing reflects the Town to be responsible for all mailing costs including printing, postage, envelopes and processing. **All pricing includes travel time and any related expenses 9 Page 78 of 129 EXHIBIT C In addition to those items contained in the Contract dated , by and between the TOWN (hereinafter referred to as TOWN) and GAR ASSOCIATES LLC (hereinafter referred to as CONTRACTOR)the parties agree as follows: 1. CONTRACTOR'S INSURANCE (a) CONTRACTOR shall not commence work under this contract until it has obtained the following insurance, and such insurance has been approved by the Town. 1. Worker's Compensation Insurance: Statutory 2. Employers Liability Insurance: $100,000 3. Automobile Liability Insurance (combined bodily injury and property): $1,000,000 per occurrence: Aggregate $1,000,000 4. Comprehensive General Liability Insurance: Including contractual insurance combined bodily and property damage: $1,000,000 per occurrence Aggregate: $1,000,000 5. To properly protect the TOWN, CONTRACTOR will maintain in effect General Liability Insurance in the amount of$1,000,000 and Professional Liability Insurance in the amount of $1,000,000 that provides protection for CONTRACTOR'S performance of professional practices as (Appraisers/Assessor) and shall not assume liability for acts of other than the agents and employees of CONTRACTOR. (b) CONTRACTOR shall name the TOWN as additional insured in policies and provide the TOWN with a current certificate of insurance. (c) Any accident shall be reported to the office of the Town Administrator as soon as possible and not later that twenty-four hours from the time of such accident. A detailed written report must be submitted to the Town Administrator as soon thereafter as possible and not later than three (3) days after the dated of such accident. 10 Page 79 of 129 EXHIBIT D PAYMENT SCHEDULE Payment Schedule January—December 2024: Month Amount January 2024 Paid February 2024 Paid March 2024 Paid April 2024 Paid May 2024 Paid June 2024 Invoiced July 2024 $5,000 August 2024 $5,000 September 2024 $5,000 October 2024 $10,000 November 2024 $10,000 December 2024 $5,000 Total Contract for 2024: $130,000 Payment Schedule January—December 2025: Month Amount January 2025 $6,250 February 2025 $6,250 March 2025 $6,250 April 2025 $6,250 May 2025 $6,250 June 2025 $6,250 July 2025 $6,250 August 2025 $6,250 September 2025 $6,250 October 2025 $6,250 November 2025 $6,250 December 2025 $6,250 Total Contract for 2025: $75,000 11 Page 80 of 129 EXHIBIT D PAYMENT SCHEDULE Payment Schedule January—December 2026: Month Amount January 2026 $6,250 February 2026 $6,250 March 2026 $6,250 April 2026 $6,250 May 2026 $6,250 June 2026 $6,250 July 2026 $6,250 August 2026 $6,250 September 2026 $6,250 October 2026 $6,250 November 2026 $6,250 December 2026 $6,250 Total Contract for 2026: $75,000 Payment Schedule January—December 2027: Month Amount January 2027 $8,200 February 2027 $8,200 March 2027 $8,200 April 2027 $8,200 May 2027 $8,200 June 2027 $8,200 July 2027 $8,200 August 2027 $8,200 September 2027 $8,200 October 2027 $8,200 November 2027 $8,200 December 2027 $8,200 Total Contract for 2027: $100,000 12 Page 81 of 129 EXHIBIT D PAYMENT SCHEDULE Payment Schedule January—December 2028: Month Amount January 2028 $20,000 February 2028 $20,000 March 2028 $20,000 April 2028 $10,000 May 2028 $10,000 June 2028 $10,000 July 2028 $5,000 August 2028 $5,000 September 2028 $5,000 October 2028 $10,000 November 2028 $10,000 December 2028 $5,000 Total Contract for 2028: $130,000 13 Page 82 of 129 Town of Mamaroneck ,, 47 41t Town Board Minutes o ,fz Wednesday, September 6, 2023, Courtroom, Second Floor of z 7-, Town Center 5:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman (joined the Work Session at 6:22 pm) Robin Nichinsky, Councilwoman ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney Tracy Yogman, Town Comptroller 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER The Work Session of the Town Board was called to order by Town Supervisor Jaine Elkind Eney. Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, the Work Session unanimously opened at 5:01 pm. Carried WORK SESSION ITEMS 1. Discussion -Comprehensive Plan Ms. Tiffany Zezula, of the PACE Land Use Law Center, reviewed with the Town Board the progress made on the Draft of the Comprehensive Plan. Ms. Zezula stated that the Town had completed a productive period of review and received many great comments from residents. Ms. Zezula had organized and synthesized the comments but noted that she had not made any edits. Ms. Zezula suggested that some residents' comments that did not rise to the policy/goal/action level should be moved to the suggested appendix document titled Strategies. Additionally, Ms. Zezula highlighted some comments that had already been included in the Plan, but not necessarily where a resident was now suggesting that the comments go. Ms. Zezula identified and reviewed both types of comments (highlighted on Attachment A) and requested feedback on the suggested placement for each from the Town Board. See Attachment A. Page 83 of 129 Town Board September 6, 2023 Once Ms. Zezula completes the Draft of the Comprehensive Plan, Mr. Kevin Dwarka, also of the PACE Land Use Law Center, will then take the document and proceed with the SEQRA process. Mr. Dwarka confirmed that the appendix document Strategies does not go through SEQRA. Then, when the SEQRA step is complete, Mr. Dwarka said that the Draft Comprehensive Plan then goes to the County and the other municipalities. Councilman King joined the Work Session at 6:22 pm. 2. Discussion - LMC Funding Mark Litvin, President of the LMC Media Board of Directors, and Matt Sullivan, Executive Director of LMC Media, presented an update on the studio being installed on Mamaroneck Avenue. LMC has awarded a local bid to Murphy Brothers, a local construction company. The lack of the disbursement of the Public, Educational and Governmental (PEG) programming funds could potentially hold up the project. The Village of Larchmont approved the payment of their PEG funds to LMC Media earlier this week. LMC Media respectfully asked for 34.19%, the Town's share of the PEG funds equal to the percentage the Town has paid in the past. Mr. Litvin stated that LMC Media was hopeful that the Village of Mamaroneck would vote to disburse their portion of the PEG funds the following night, September 7th. Mr. Sullivan reviewed what a PEG fund is, stating that the money can only be used on capital improvement projects and equipment. Mr. Litvin highlighted bids versus budgeted items and informed the Town Board that the studio project is now estimated to cost closer to $775,000 rather than $828,000. Mr. Litvin mentioned having a contingency in to cover anything unforeseen. He stated that the Murphy Brothers' bid was about$90,000 less than the next closest bid. LMC Media specified that bidders should use the prevailing wage and attempted to garner three bids on each project. Comptroller Yogman commented that the PEG money is based on 1980 census numbers, which is why we are tied to 34.19%. Our share equals about$283,000, which would leave approximately$521,000 left in the account. The contracts with the two cable providers have expired, so we have not received any PEG money this year. The Town Board mentioned that we reimburse with invoices, so the question was asked if, moving forward, LMC Media could utilize progress payments. Mr. Litvin said yes, LMC Media could utilize progress payments. He stated that LMC Media is using a basic AIA form with basic scheduled values provided by the architect and others. Ms. Yogman, Town Comptroller, noted that we have the Village of Mamaroneck's money. Of the total $1.2 million, Ms. Yogman stated, there would still be $400,000 left. Councilman King asked about the AIA contracts, Mr. Litvin responded that LMC Media have issued letters of intent and are now faced with purchase orders. Councilman King asked about adding a stipulation for impetus on Murphy Brothers to hire local, not apply WMBE (Women and Black Owned Business) rules, but to have a goal to hire people in the community. Councilman King added, to achieve best efforts, or for example, 10 or 15 percent of local workers. Supervisor Elkind Eney noted that she was unsure if that could be a requirement, so Councilman King asked for language to reflect Murphy Brothers 'best effort'. Councilwoman Katz asked about the grant money only being applicable for upstairs here at the Town Center. Mr. Sullivan explained that the space on the third floor of the Town Center would be renovated during phase two. LMC Media's priority is studio space. The Town Board then asked about the van costs and age. Mr. Sullivan responded that the van needs upgrades and updates as it is now six or seven years old. Mr. Sullivan added that the van is the best way to get into the community and be seen. Page 84 of 129 Town Board September 6, 2023 The van also allows staff the use of a vehicle and offers the ability to load and transport everything the staff might need on site in the community, including the 360- degree booth. Mr. Sullivan confirmed that the van will no longer need to be parked in the Town Center lot once LMC Media moves to the Mamaroneck Avenue studio, as the van will have a space in the lot behind the studio. Comptroller Yogman asked that LMC Media not to pay any upfront fees or deposits. Administrator Robson stated that a Town Board resolution would need to include something, authorizing expenditure of PEG funds for 34.19% and Supervisor Elkind Eney added that the resolution should include 'providing that the other municipalities approve as well'. The Board discussed and Councilwoman Katz did not agree with tying approval of the Town of Mamaroneck PEG fund payments with the approval by the other municipalities. Supervisor Elkind Eney stated that it is prudent that all the municipalities agree, or LMC Media would not have the money to build their studio. Mr. Sullivan stated that it was LMC Media's original intent to have the studio space open by October 11, 2023, but now they are shooting for late fall. Attorney Maker agreed to develop a resolution between the Work Session and the Regular Meeting for the Town Board to address later in the evening. See Attachment B. 3. Added --BOCES Nassau Contract Town Administrator Robson explained that this is a municipal purchasing consortium. Participating and signing this contract will allow us to potentially purchase vehicles. It requires a resolution with Town Board approval in order to participate. Mr. Pinto in the Town of Mamaroneck Highway Department was looking for a Ford F150 and a salesman at one of the dealerships mentioned the BOCES Nassau contract. There is a fee of$475 per use to participate, but that should be offset not only by the price, but also by giving the Town the ability to actually purchase a vehicle this year. 4. Discussion -Title III-C/NSIP: Meals & Nutrition-Related Services Contract, PY 2023 Administrator Robson presented this contract with the County of Westchester for the Title III-C and Nutrition Services Incentive Program (NSIP) Meals & Nutrition-Related Services provided by the Town of Mamaroneck. This contract covers the program period commencing retroactively on January 1, 2023, through December 31, 2023, for the III-C Programs and October 1, 2022, through September 30, 2023, for NSIP. In response to Councilwoman Fiddelman' s questions, Comptroller Yogman confirmed the contract is the same as last year and is included in the Town budget. 5. Discussion - Update in the Regulations of Wireless Telecommunications The Town Board discussed setting a public hearing on this update later in the evening. Town Attorney Maker commented that Hank Menkes, a communications specialist, and consultant with wireless telecommunications regulation expertise, was instrumental in developing this update. 6. Discussion - Rules to be Observed by Members of the Public who Attend a Town Board Meeting Councilwoman Fiddelman stated that she does not want to take away the ability to have any sign in a public meeting, so suggested setting a size requirement for signage. Councilwoman Katz mentioned being torn between allowing signs and not but acknowledged that she felt a Town Board meeting is not like just any other public forum. Councilwoman Nichinsky added that signs might allow people to show their position, or what they are thinking, without having to speak. Supervisor Elkind Eney Page 85 of 129 Town Board September 6, 2023 thought perhaps the Town Board should have two sets of rules, one for Work Session and one for Regular Meeting. Councilwoman Katz then suggested maybe limiting the size of the signs, agreeing with what Councilwoman Fiddelman had suggested. Councilman King added that allowing signs falls under freedom of speech and suggested the Town might allow signs, knowing that signs may have the potential to be disruptive. After a brief discussion about the pros and cons of allowing signs during the Regular Session of Town Board meetings, Supervisor Elkind Eney suggested not moving forward and using only what the Town Board had agreed for the Work Sessions. 7. Request for Executive Session Moved by Councilman King, seconded by Councilman Nichinsky, the Town Board agreed to enter into Executive Session to discuss the employment history of a particular individual and the purchase and sale of land. Carried Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, the Town Board unanimously agreed to resume the Regular Meeting. Carried 8. Updates 9. Additions to Regular Meeting Agenda The Town Board agreed to add the following items to the Regular Meeting agenda: 6. Authorization to allocate PEG money to LMC Media 7. Authorization to participate in Collective Bargaining Agreement with Nassau BOCES 8. Extension of the Thomson & Bender Agreement 9. Salary Authorization - Mr. Galli's stipend to $4,200 CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:30 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org SUPERVISOR'S REPORT Welcome to the September 6, 2023, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session in Conference Room A, starting at 5:00pm, which is open to the Public. I am not going to acknowledge that summer is over...we still have two weeks! But now that we are in September, there are a lot of upcoming events and dates to be aware Page 86 of 129 Town Board September 6, 2023 of: Road resurfacing schedule: For the Town,August signals the beginning of road repaving season.The repaving process has already begun and the roads remaining to be paved in the month of September(weather permitting)are the following: Carriage House Lane, Wellhouse Close, Wagon Wheel Road, Katie Lane, Jenny Close, Marbourne Drive, Carol Lane, Gate House Lane, Rock Ridge Road, Mountain Avenue, Ferndale Place, Deerfield Lane. September 8-the last outdoor movie night of the season, Tooth Fairy will air at dusk in Memorial Park September 11-The tri-municipal September 11 commemoration will take place at 5:00 at Girl Scout Rock in Memorial Park September 16, the Westchester County mobile shredder will be at the Maxwell Avenue Recycling Center from 10:00am— 1:00 pm September 23, the Town annual fall cleanup will take place from 10:00am to 12:00pm at the Hommocks Conservation Area. September 27, there is a free community class "reduce food waste with delicious recipes" from renowned local chef Adam Kaye, being held at 7:00 at the Senior Center, co-sponsored by the Larchmont Mamaroneck Center for Continuing Education and the Town's sustainability collaborative. For more information and to register, go the Larchmont Mamaroneck Center for Continuing Education website. September 30, from noon to 4:00 in Memorial Park is our Annual Food Truck Festival featuring more than 12 food trucks, local craft vendors and live music. Westchester County has passed a new law that took effect September 2nd: no food service establishment within Westchester County may provide single-use foodware or condiment packets to dine-in or take-away customers unless expressly requested. This pertains to items such as forks, knives, spoons, chopsticks, cup sleeves, beverage lids and condiment packets. This initiative is aimed at curbing unnecessary plastic waste and promoting a more sustainable approach to dining. The law applies across various ordering methods, including in-person, online and through food delivery apps. Single-use plastic beverage stirrers and "splash sticks"will no longer be permitted within food service establishments. Retail stores may still offer these items for sale to their customers. Kudos to the County for enacting this important legislation. Remember, school opened yesterday. Back to school means more children walking and biking and, in general, increased traffic,so please drive extra carefully.Also, remember to abide by the reduced school zone speed limits. For those who observe Rosh Hashanah, I would like to wish you a sweet, happy, healthy new year. RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board and there was no one. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Katz and seconded by Commissioner King the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Page 87 of 129 Town Board September 6, 2023 Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky Carried 2. Fire Claims Moved by Commissioner King, seconded by Commissioner Fiddelman, it was RESOLVED that the Board of Fire Commissioners hereby approves the attached list of fire claims$10,180.14. See Attachment C. Carried 3. Fire Report for the Month of August 2023 Commissioner Elkind Eney read the Fire Report for the Month of August 2023, as follows: ALARM TYPE NUMBER Generals 34 Minors 20 Stills 2 Out of Town (Mutual Aid) 1 EMS 46 Drills 3 TOTAL 106 Total number of personnel responding: 589 Total time working: 40 hours and 37 minutes See Attachment D. 4. Salary Authorization - Firefighter Moved by Commissioner Fiddelman, seconded by Commissioner Katz, it was RESOLVED that the Board of Fire Commissioners hereby approves the appointment of Benjamin Plachta to the full-time position of Firefighter at an annual salary of$42,000, effective September 11, 2023. Carried 5. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner King, Seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. Page 88 of 129 Town Board September 6, 2023 AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization -Title III-C/NSIP: Meals & Nutrition-Related Services Contract, PY 2023 Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby approves the agreement between the Town and Westchester County for the Title Ill-C and Nutrition Services Incentive Program (NSIP) for Meals &Nutrition-Related Services commencing retroactively on January 1, 2023 through December 31, 2023 for the Ill-C Programs and October 1, 2022 through September 30, 2023 for NSIP and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried 2. Set Public Hearing - Update in the Regulations of Wireless Telecommunications Moved by Councilman King, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board hereby sets a public hearing for September 20th on the Update in Regulations of Wireless Telecommunications law. Carried 3. Authorization -Sale of Town Property -20 Winthrop Avenue Moved by Councilman King, seconded by Councilwoman Nichinsky, it was RESOLVED that the Town Board hereby authorizes the sale of Town-owned property adjacent to 20 Winthrop Avenue, as per the attached contract, subject to permissive referendum, and further authorizes the Town Administrator to execute and deliver the contract of sale, the prep documents, and the deed in exchange for the purchase price. See Attachment E. Carried 4. Authorization -Sale of Town Property - 15 Edgemont Road Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board hereby authorizes the sale of Town-owned property adjacent to 15 Edgemont Road, as per the attached contract, subject to permissive referendum, and further authorizes the Town Administrator to execute and deliver the contract of sale, the prep documents, and the deed in exchange for the purchase price. See Attachment F. Carried 5. Salary Authorization -Secretary to the Planning Board Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby approves the appointment of Jami Sheeky to the full-time position of Secretary to the Planning Board at an annual salary of$59,798, effective no later than September 30, 2023. Carried Page 89 of 129 Town Board September 6, 2023 6. Authorization to approve the LMC Public, Educational and Governmental (PEG) Programming Money Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz WHEREAS, Larchmont-Mamaroneck Community Television, Inc. (LMC-TV) (LMC Media)proposes to construct a television studio at 234 Mamaroneck Avenue, Mamaroneck, NY 10543 and purchase equipment related to that use(Project), BE IT RESOLVED, that the Town Board finds that the Project will result in a facility that will be used primarily for Public, Educational and Governmental (PEG) programming, and BE IT FURTHER RESOLVED, that the Project is a public purpose, and BE IT FURTHER RESOLVED, that the Town of Mamaroneck commits the sum of $292,367.00 of the funds it has received for PEG programming toward the completion of the Project on condition that the Village of Larchmont and the Village of Mamaroneck commit proportionate amounts of their PEG money sufficient to pay for the completion of the Project. Carried 7. Authorization to participate in a Cooperative Purchasing Agreement- Nassau BOCES Moved by Councilman King, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board authorizes the Town to participate in the Board of Cooperative Educational Services of Nassau County("Nassau BOCES") Cooperative Bidding Program) and authorizes the Town Administrator Meredith Robson to sign the necessary documents to participate.Attorney Maker noted that this resolution includes the necessary verbiage to provide to Nassau BOCES. Carried 8. Authorization to Approve Modification of Management Duties in Central Garage Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED that the Town Board hereby increases Mr. Galli's stipend to $4,200.00 for assuming additional responsibilities. Carried REPORTS OF MINUTES 1. Report of Minutes of the Town Board work session on July 26, 2023. Moved by Councilwoman Fiddelman, seconded by Councilman King RESOLVED that the Town Board hereby approves the minutes of the Town Board work session of July 26, 2023. Carried Page 90 of 129 Town Board September 6, 2023 REPORTS OF THE COUNCIL Councilwoman Katz • School is back in session, please slow down for kids walking and biking to school. Councilwoman Fiddelman • The first Larchmont Mamaroneck Local Summit meeting of the season will be held online on September 12th. Then, on October 10th at 8am will be the first in person Summit meeting since COVID. It will be held at WJC (Westchester Jewish Center) and will feature a compendium of local neighborhood organizations discussing "Neighbors Helping Neighbors: Meeting the Needs of Families in Crisis". Please visit www.localsummitlm.org, for more information and to reserve your spot. Councilman King • September is so busy, please take a deep breath. Appreciate where we have been and take that moment to reflect on where we have been and where we are going. • Monday is for the J E T S! Councilwoman Nichinsky • Echoes all the good things mentioned already and thinks the JETS are going to be good this year. • Happy Rosh Hashanah to all that celebrate. • Plans to attend three liaison meetings next week. • Happy to welcome her new grandson. TOWN CLERK'S REPORT The Town Clerk announced that tomorrow will be the launch of the Town Clerk office's new permitting and licensing system via OpenGov, along with the Town's Building, Engineering and Conservation Departments. TOWN ATTORNEY'S REPORT Mentioned that the Jets' season starts next Monday. ADJOURNMENT On motion of Councilwoman Katz,seconded by Councilman King, the meeting was unanimously adjourned at 9:05pm. Carried REGULARLY SCHEDULED MEETING -September 20, 2023 Submitted by Allison May, Town Clerk Attachment A Page 91 of 129 Town Board September 6, 2023 HEALTHY COMMUNITY Utilize strategies to improve traffic congestion at Memorial Park near Weaver Sug.St. Better playing fields for youth sports Already under HC 1B Better field management and use for all four seasons - lose of economic Can link economic opp to rec opportunity since families go to other towns/private clubs in HC narrative HC Goal 1-third bullet under lb should move to lc as it refers to recreational lb-under the correct goal facilities rather than "athletic fields" specified by lb. Second bullet in lc - lc - propose "physical "expand access to"is not clear;suggest omit or elaborate...can't make folks access" access. Goal 2-how to"optimize diversity of spaces"?Revise to assign adjectives to Propose change - diversity each space and programs clarify. to variety Goal 4-addresses the Town's infrastructure and telecommunication services, Change Town to Town but does not address the neighborhoods and Commercial residents'access to neighborhoods and districts reliable telecommunication services. While the policies for this theme are agreeable, Re-Study and Revise the Sug.Strat. Strategies portions of Healthy Community to give residents a much clearer understanding of what the Town wants to accomplish Need more reference regarding the need for facilities for children (ie: Sug. Strat, but can add baseball/softball fields;basketball court;swimming pool)-important to entice language to narrative about people to move to TOM-these are selling points importance to community Exercise use of eminent domain/partner with Village of Larchmont to share Sug.Strat recreational facilities Work with the developers of Hampshire to create a public/private partnership, Sug.Strat where residents have access to the facilities, but current management continues to take the lead in maintaining and administering the programs, grounds,and Club-House. Use parking lot near Central School and build pickleball/racquet ball/paddle Sug.Strat courts there Under HC Action 1C1: " Host meetings between recreation committees, Sug. Strat, but can add Community Resource Center,school district social workers and Padres Unidos suggestion on adding parent groups to improve programming and equitable access to Town "improve programming...." recreational programs by underserved community members." Under HC Action 2A2:"Add bilingual-speaking Town staff for Senior Center and Sug.Strat Recreation Department." Repurpose Harbor Island/small plots of land for additional recreation Sug.Strat 1 Page 3 of 380 Attachment A(Cont'd) Page 92 of 129 Town Board September 6, 2023 Ask sponsors/businesses/corporations/residents to support recreation Sug.Strat campaign Need for more facilities-stop the division between town and villages-make recreation an opportunity to demonstrate to younger generations what community should look like-stop the negativity and start working together. Plan is very generalized.Would like to see more actional items and be involved Work with Rec Comm on with a working plan for projects and how to make them happen - Rec Implementation Plan Commission Support local communications such as LMC Media a powerful ally in Sug.Strat information exchange and factual presentation to the taxpayers,businesses, schools and nonprofit organizations that create the social and economic fabric of our community. Cellphone dead zones need to be addressed. In the event of an emergency Under Policy 4A would I be able to walk to the Weaver Street Firehouse to report issues or seek help? Consider adding action on More needs to be said about government transparency and operational government efficiency in the town;and more needs to be done. transparency/operational efficiency under HC Goal 3 I think the Carpino-Steffens Fields should be mentioned in the first paragraph Add on page 15. I was also hoping that the Monroe Facility on Weaver Street would have been added because I think that's a Town Facility being underutilized and has potential to do be more than what it is. I am not sure the term"access"is being used in the correct context. Is it access As above,propose"physical in terms of physical accessibility, access in terms of our hours/days of access" operation,parking issues,residency requirements or is it being meant as a term of affordability? See the elementary schools integrated. Make an effort to include the whole community in all activities. Sug.Strat Provide Town services for meeting rooms and areas for art and play Sug.Strat Bring the comprehensive Plan components into the schools for knowledge by Sug.Strat the entire parent and student communities. Increase the location of new athletic fields to areas that do not require Sug.Strat permeable paving. Above parking at the Larchmont train station and above parking behind Sug.Strat Richbell Apartments,build a structure that can hold a synthetic field in lieu of taking up permeable surface 2 Page 4 of 380 Attachment A(Cont'd) Page 93 of 129 Town Board September 6, 2023 If new fields are to be installed,please be advised that the use of synthetic fields Sug.Strat has been deemed not appropriate Healthy Community(p.15) Add Make the heading bolder Healthy Community(p.15) Already done Revise 2nd sentence to followin : "Another draw to Mamaroneck is its network of public recreation areas...." Healthy Community Policy Framework(pp.16-17) Reject - I don't think we Reconsider and revise the content of the currently labelled"Actions" should switch from actions (proposed to be relabeled as"Strategies")under Healthy Community Policies to strategies because to convey a much clearer understanding of what the Town wants to examples of more specific accomplish.They are quite vague,particularly when compared to their actions that may be taken counterparts in some other themes can be found in the Record of Suggestions. HC Policy 4A:Optimize Physical Condition of Town's Infrastructure(p.17) Question for TB Revise the second"Action"as follows:"Upgrade,stren hen,and rotect the Town's telecommunications and utility infrastructure Suggest inserting"with its newly renovated playground"after"Memorial Question for TB Park"in the third line on pg.15.The new playground officially opened on May 31,2023,and it's a real improvement over what was there before. At the top of page 16,third line,suggest adding"and older"after"lower- Question for TB income". In the third entry under HC Policy 1B on page 16,as discussed in the past, Sug.Strat suggest adding",including arrangements to facilitate short-term access to Town facilities by Town residents and their visiting family members." In the first entry under HC Policy IC on that page,suggest replacing"Continue" Question for TB with"Improve". In the second entry under HC Policy 4B on page 17,since it is impossible to Question for TB "Ensure cleanliness"in such places,I suggest replacing"Ensure"with "Improve". 3 Page 5 of 380 Attachment A(Cont'd) Page 94 of 129 Town Board September 6, 2023 QUALITY NEIGHBORHOODS QN Goal 1-Support,but re-evaluation of current land-use laws/application processes leads not just to Already under the greater efficiency and consistency stated in the action item but also to maintaining existing QN policy 1A neighborhood scale during development.Need to support and adhere to the preservation of existing first action neighborhood scale Regarding"ensuring appropriate public notice to residents concerning housing development within the Town"-we are not sure that the full required number of residents on our street were informed by letter beforehand of the planned development at#67. Must review housing scale impacts with respect to flooding tendencies Reject - QN is intentionally focused on quality of life concerns and not environmental risks which are sufficiently addressed in the resiliency section. Propose adding "neighborhood" in the flooding langaguge under RE Incompatibility between the awareness of the residents'wishes stated in the plan and what is actually happening in Town government Support of Plans goals to preserving neighborhood scale-stop the replacement of older homes with Under QN 1A larger homes*Repeated 3 emails Ensure existing and future land uses support inclusive neighborhoods and commercial areas that Under QN 1A preserve the Town's small-town feel"would be welcome because it is certainly not the current practice Strongly hope that the re-evaluation of current land-use laws/application processes leads to the greater Under QN 1A efficiency and consistency stated in the action item and to maintaining existing neighborhood scale during development. This is exacerbated when supposedly mandatory notices to neighboring households are not received. In QN narrative-Surprised to see that opportunities for increasing vibrancy of the Town's commercial Reject-Actions districts and diversifying its fiscal base have not yet been explored.Find actions on how to increase can be found in attraction in these areas.Hope that the absence is because it is being solved elsewhere,and not because the Sug. it is not deemed important. Strategy section Comp Plan refers to apartments in the Washington Square Area,but never to Larchmont Acres.I don't Add think that looks right. 4 Page 6 of 380 Attachment A(Cont'd) Page 95 of 129 Town Board September 6, 2023 It appears that there will be an effort to create opportunities for the construction of multi-family condo and co-op complexes.While I understand the desire in a vacuum to encourage such development,I believe that it is a mistake.It is antithetical to the Town's desire to maintain the Town's neighborhood feel,would harm the Town's tax base, and create unwanted strain on the services available to the community. Planning Board:Board members suggest that there should be further study to determine what type of Sug.Strat modification in residential districts should trigger residential site plan review. For example, if the footprint of a house is not proposed to change,but the house is proposed to double in size,should this be evaluated the same as a tear down with a new house of the same size proposed?Board members further stated that the percentage or amount of temporary land disturbance is less impactful than what is actually built. PB request clarification of whether, and under what circumstances, the board can require shadow Sug.Strat studies in connection with residential site plan applications. More generally, board members seek clarification about whether they should have authority to impose bulk regulations (e.g., height restrictions)which are more restrictive than zoning regulations otherwise applicable. Board members also request clarification with respect to whether the Planning Board would be Sug.Strat authorized to impose aesthetic requirements in connection with residential site plan approval. PB request consideration of architectural review for residential development and/or whether the zoning Sug.Strat code should incorporate mandatory design features into zoning regulations applicable to residential development. Pg 19.Do not understand the need for including the term"racially"in the phrase"economically and Propose- racially diverse residential population";please remove.In current laws and procedures now and in the Adding future,there should be no room for racial discrimination.Linking the word racial and economic may also economically continue a negative stereotype. and racially diverse. Maybe also add generationally? There is no presumption of any overlap between the characteristics, just simply an effort to remain consistent with fair housing objectives QN Goal 1-include preservation/expansion of our tree canopy and green/porous spaces. Question for TB QN Goal 2 - actions should include consideration to the has significant impact increase to traffic Question for conditions and parking;other infrastructure limitations of"small town"see Goal 1. TB,but land use reg. and process do this 5 Page 7 of 380 Attachment A(Cont'd) Page 96 of 129 Town Board September 6, 2023 QN Goal 3-economic inclusion is derived by building wealth,and the#1 wealth creation tool is home ownership.Rental properties are part of the mix but I don't agree that increasing the percentage should not be a goal. Preserve the Town's neighborhood scale,quality of life&small town feel",from the town's own plan, Under QN Goal should be the guiding principal and North Star. We do not need to increase congestion, traffic or 1 population to experience these benefits that are already at our fingertips. The"Quality Neighborhoods"detail section does the best job of moving beyond the Executive Summary to meaningful and more specific content. Eliminate"contextual"as it seems vague and replace it,in each instance,with more specific descriptions Reject of what is actually intended"(pg.20) contextual seems fine. It mean similar to what is next door. Update land-use regulations;engage town residents;evaluate application processes;assess community Under QN Goal impacts to support goal of preserving neighborhoods from tear-downs 1 The comprehensive plan appears to focus on the unincorporated area of the Town,which may cause unintended consequences to our community quality of life and our school system if we do not view changes and development as a whole community inclusive of the Villages of Larchmont and Mamaroneck. For instance,the plan mentions the absence of a definable commercial center in the unincorporated area,suggesting the need to create an additional mixed-use development,however,we strongly believe that any discussions on such matters should be preceded by a thorough economic review as well as a school impact study. Propose:stakeholder inclusion for all discussions related to residential development or zoning-not limited to small groups,but to a range of voices,including the school district;before adding additional commercial center, a comprehensive economic review should be conducted and assess impacts on existing businesses;thoroughly review the existing infrastructure and analyze the potential impact that new construction may have on flooding in the area;review of the residential tax code.Currently,condos and co-ops pay a substantial discount on real estate taxes,which results in them not contributing their fair share to school taxes.This inequity further burdens the school revenue per student.A fair and balanced tax structure should be explored to ensure equitable funding for schools. Create places where young adults could hang out together Sug.Strat The plan needs to identify where-as in specific land-the school district can expand if there needs to Sug.Strat be a new building(this can be new land or repurposing an existing building)if necessary.If none can be identified a cap must be put in place for residential development The new draft also mentions stores and restaurants now on Fifth Avenue in the Unincorporated Area.As Question for TB you know,there are none.I don't think we should include anything we know to be wrong in the plan. (pg.18) (a)Planning Board members want to ensure that different uses and types of development be treated the Sug.Strat same as similar uses and types of development,regardless of the designated zoning district or whether a particular type of application is sought.For example: (i)some types of establishments(e.g.,grocery stores or restaurants) need special use permits where other similar establishments do not and (ii) 6 Page 8 of 380 Attachment A(Cont'd) Page 97 of 129 Town Board September 6, 2023 conditions applicable to pools and generators apply only if there is an application for residential site plan or wetlands and watercourses permit. (b) regarding special use permits, consideration should be given to their purpose,term length and appropriate/realistic methods of enforcement for noncompliance. (c)More generally,zoning designations and their corresponding requirements should be evaluated to determine whether they are still appropriate and applicable to the existing built environment as well as what is desired or contemplated. (d) Zoning districts should be evaluated to reconsider allowable principle,special and accessory uses. (e) Bulk regulations should address how existing 5000 SF (undersized) residential lots should be developed.The current"step down"regulations in 240-70 should address this,without encouraging the creation of new undersized lots by subdivision.For example,under current regulations,because there is no R5 District,R2F setbacks are invoked.Board members think it is inappropriate to invoke setback dimensions of a 2-family zoning district in connection with development of a single-family house. Our schools,a beacon to many perspective residents,and a retainer of current families,are already full with 5+classes per grade in the elementary schools.Moreover,increasing housing will further strain our infrastructure in some of the ways that are already of concern as noted-water supply,preserving natural areas,reducing carbon footprint. There is no need for an increase in commercial areas or housing.Existing structures and/or vacancies Under QN should be replaced with like housing or businesses. Policy 1B Section 240-64 of the Town Code be reviewed as to why the applicant for the extension of a previously Sug.Strat issued special use permit is required to"demonstrate that there has been no change in circumstances in the area which would require the Planning Board to deny such extension"and as to how an applicant would so demonstrate. ANY development,be it an enlargement of Hommocks or a 55+housing development would not serve the interests of the community as a whole.Furthermore,any development,regardless in which of the 5 tracts it occurs,adversely burdens the most,those residents whose homes are either in the center of the town and/or alongside Weaver Street. Make an effort to add affordable housing to our community. Under QN Goal 2 Provide Places for music and food and create Meeting space to grab coffee and meet with others for Sug.Strat education and lectures I empty storefront or pop-up structure produced at MHS A Temporary test to close off Palmer downtown to cars for one weekend a month(or a Th/F) Sug.Strat -add more seating Quality Neighborhood(p.18) Add Make the heading bolder Quality Neighborhood(p.18) Reject 2nd to last sentence,1st paragraph:Replace the term"contextual development"with simple,non- contextual technical words that are easily understandable to the layman. means like developments next door Quality Neighborhood(p.18) Question for TB 7 Page 9 of 380 Attachment A(Cont'd) Page 98 of 129 Town Board September 6, 2023 2nd sentence,2nd paragraph:Revise this sentence by adding"clear cutting of trees"so that it reads as follows:"These newer and larger homes have raised concerns about their compatibility with the Town's architectural traditions,ilasmagiaaamal and the prevailing scale of building in residential neighborhoods." Quality Neighborhood Policy Framework(pp.19-20) Replace"Action"with"Strategy"wherever it appears throughout the Quality Neighborhood Policy Framework. QN Policy 1A(pp.19) Question for TB Revise the first"Action"as follows:Update land use regulations to ensure that new development, alterations,additions and demolitions/rebuilds take into account the physical context of neighbors and of the surrounding neighborhood and maintain the tree canopy,while providing opportunities for appropriate modifications to properties. In the first full paragraph on page 18,so as not to exclude the residents of the Town's series of multi- Add family buildings known as"Larchmont Acres",suggest not limiting the reference to the Washington Square Area and,thus,replacing"Area"at the beginning of the third line with"and Richbell Road Areas". In the last line of that paragraph,suggest replacing"around"with"along". (pg.18) Add In the first item under QN Policy 1A on page 19,suggest adding"expansions"after"alterations"in the Add first line. Suggest adding a new,second item under QN Policy 1A reading:"Improve equity among residential Question for TB property owners and protections to neighbors and neighborhoods by applying the same review procedures and standards to significant alterations,additions and expansions of existing residences, swimming pools,other outdoor sports facilities,generators,etc.as are applied to proposed new residences." The mark at the beginning of the second item under QN Policy 3A on page 20 is missing. Add In the third item under QN Policy 3A on that page,suggest adding an"s"after"government"and also Add adding",charitable foundations and other sources." 8 Page 10 of 380 Attachment A(Cont'd) Page 99 of 129 Town Board September 6, 2023 SAFE CONNECTIONS Concerned about the ever-increasing traffic volume,frequent speeding,lack of enforcement of"No Trucks" Under SC Goal signage, the "traffic congestion" (mentioned under Transportation: access and circulation in this 2 and Sug. report)that occurs in the AM and PM,caused by commuting and school trips from Myrtle onto Weaver, Strat and consideration of more safety planning at the corner of Myrtle and Weaver*repeated 3 times via email Myrtle is a main East/West route through the Town,frequently used by Fire,Ambulance and Police as well Sug.Strat as commuters.It should NOT be used by trucks not making local deliveries but seeking a short-cut to 1-95. *repeated 3 times via email This section of the street(Myrtle Blvd,particularly between Chatsworth Avenue and Weaver Street,with Sug.Strat an emphasis on the section of Myrtle Blvd that adjoins Weaver street)is posted as a shared road for bicycles,a impo,and not for use as a thoroughfare by trucks. This has been inadequately enforced thus strong agree with Goal SC Policy 2A(Maintain and improve roadway infrastructure)and the proposal of a study of traffic conditions and design alternatives,but to take place in our neighborhood including the Myrtle roadway and the Weaver St./Myrtle Blvd.intersection. *Repeated 3 times We suggest installation of electronic speed signs along Myrtle in both directions,renewed enforcement of Sug.Strat the 25 mile an hour speed limit and the"No Trucks"ban,increasing the visibility of the"No Trucks"signs (for day and night),and repositioning the"No Trucks"sign by the park's gazebo. SC Goal 2 - suggest adding something like: action: work with school administrators and parents Sug.Strat (representatives)to improve street parking and safety conditions around schools SC Goal 4-suggest adding something like: Explore solutions such as"Overpasses"or"pedestrian high Sug.Strat lines"that improve flow and safety while maintaining our small town feel. Balance mobility needs of people and cars.Infrastructure for pedestrians and bikers/scooters could be Under SC Goal utilized by Village residents too. 1 Re-Study and Revise the Strategies portions of Safe Connections to give residents a much clearer understanding of what the Town wants to accomplish-needs more strategies that other sections have Improve roadway operations; studying traffic conditions; physical improvements to roadway Under SC Goal infrastructure;expanding bicycling and pedestrian access. 1 and 2 Bike lanes on Weaver Sug.Strat Need more bike infrastructure, bike lanes and safer bike lanes. (Orienta/Weaver/BPR to Under SC Goal schools/connecting Villages)Paint is not protection*Repeated 14 emails 1, 4 and Sug. Strat Add protected intersections, narrowing spaces for vehicles, daylighting all intersections and having Sug.Strat dedicated signals for cyclists. Consider extending sidewalk widths to accommodate both foot and cyclist traffic*Repeated 3 emails Sug.Strat 9 Page 11 of 380 Attachment A(Cont'd) Page 100 of 129 Town Board September 6, 2023 mistake to include an entire section called SC GOAL 3: ENSURE PARKING FACILITIES ARE EASY TO Question for ACCESS,EFFICIENTLY OPERATED,AND WELL-DESIGNED.Parking for cars,as a general rule,should be TB made harder Connect biking to climate change/reduction of traffic/improved air quality and supporting healthy habits Add language *Repeated in 3 emails to narrative Refining traffic patterns on(and,as necessary,adjacent to)the Boston Post Road(Route 1),which connects Under SC Goal the community to many heavily used destinations 1 and Sug. Strat Since Route 1 is under the auspices of NYS,proposed changes would be more persuasive if they were Sug.Strat presented by all three municipalities comprising the Town of Mamaroneck The Town should consider letting non-commuters purchase 1-2 day parking passes to use the Lot 3 Sug.Strat (Myrtle Avenue lot) Extra bike racks at the train stations for commuters to forgo their short car rides. Sug.Strat Let's install solar canopies to cover areas so bikers are not traveling In the rain.The covers can provide Sug.Strat power for the parks,train station and food venues that will be new along the way. Safe Connections(p.21) Add Make the heading bolder Safe Connections(p.21) Add 2nd sentence,1st paragraph:Add"the Town of'before"Mamaroneck"for greater clarity and accuracy. Safe Connections(p.21) Add 1st sentence,2nd paragraph:Revise as follows:"Many residents commute to their places of work via the Metro North Riroji,and would like to have greater options for accessing the Larchmont and Mamaroneck stations." Safe Connections(p.22) Add Add the heading"Safe Connections Policy Framework"above SC Goal 1 to be consistent with the other sections of the document. Safe Connections(p.22) Replace"Action"with"Strategy"wherever it appears throughout the Safe Connections Policy Framework. SC Goal 1(p.22) Sug.Strat Add more concrete"Actions"similar to Village of Mamaroneck's Comprehensive Plan,including:1) Prepare a Complete Streets Implementation Plan,2)Prepare a plan for bicycle facilities p.9,Safe Connections,SC Action 1A1 Sug.Strat Add this new implementation step(which had been proposed in previous email feedback): "Pilot quick-build/pop-up bike lanes for designated days promoting biking/walking such as Walk/Bike to School Week or weekend events with pedestrian/bike only zones." 10 Page 12 of 380 Attachment A(Cont'd) Page 101 of 129 Town Board September 6, 2023 p.22,Safe Connections,SC Action 3A3 Question for Revise wording next to SC Action 3A3 as follows with edits highlighted in green: TB "SC Action 3A3:Undertake urban design,landscape,and operational modifications that help reduce the visual blight MVerse environmental impacts created by parking facilities." Add this new implementation step(which had been proposed in previous email feedback): "Plant a substantial tree canopy on both sides of Boston Post Road." p.22,Safe Connections,SC Action 4A1 Question for Revise 1st proposed action as follows with edits hi hli hted in reen: TB "Explore potential for free shuttle or shared rides for access to train stations,shopping,dining,schools a 11 In the first full paragraph on page 21,suggest replacing"The commute"with"Commuting"in the first Add line,adding the word"station"after Railroad in that same line,and adding the word"mass"before "transit"near the end of the second line.I also suggest adding"and other locations along the New Haven line"after New York City in the third line,since there are a growing number of Town residents who are "reverse commuters"and who travel from the Town to Greenwich,Stamford,etc.for work. In the fourth line on page 22,suggest adding"including clearer signage to the entrance to 1-95"after Sug.Strat "upgrades".That is a real issue in the Washington Square Area,and,apparently,among truckers. At the end of that paragraph,I don't think you mean"school trips"and that you actually mean taking Add children to,and picking them up from,school. In the title to SC Policy IA on page 22,every street in the Town is connected to at least one other street and,directly or indirectly,is"connected to destinations throughout the town."Thus,I suggest that the wording used in this part of the draft CP be reconsidered. 11 Page 13 of 380 Attachment A(Cont'd) Page 102 of 129 Town Board September 6, 2023 RESILIENT ENVIRONMENT Strongly support GOAL 3 and Policy 3A (undertake infrastructure improvements, natural resource Under Goal 3 preservation and community activities aimed at flood prevention),especially these Actions: Upgrade existing stormwater infrastructure; Preserve and restore natural protective features(e.g.,roadway layout,camber,etc.)*Repeated in 2 emails Would like plan to include"preventing and minimizing....flooding impacts"on Myrtle Boulevard residents Sug.Strat *Repeated in 3 emails PB members urged more study of policies and regulations to better preserve trees,including those on Sug.Strat private property as well as within the Towri s rights-of-way. Municipal pick-up of food scraps is not included in the Plan.*Repeated in 2 emails Sug.Strat importance of a formal Tree Preservation Ordinance (with a specific canopy coverage target and Under Goal 1 identification of species of trees that bring most benefits)is necessary as part of the Comprehensive Plan. and Sug.Strat Use Charlotte, NC and Washington, DC have comprehensive tree ordinances that may be useful for guidance.*Repeated in 2 emails Scrutinize large health tree removal(ex:Winged Foot Gold Course-caused more run off and flooding) Under Goal 1 and Sug.Strat encouraging the installation of permeable driveway surfaces to prevent flooding (parking lots of Under Goal 4 schools/public facilities and private homes)*Repeated 2 emails and Sug.Strat Look for government rebates for installing permeable pavers Sug.Strat Reduce carbon emissions and support energy efficiency and renewable energy use in municipal and Sug.Strat community buildings,transportation,and infrastructure."We feel that this could be much more specific and could be accompanied by targets for carbon reduction in three,five and ten years Every improvement of water infrastructure that the Town makes benefits us downstream. Clarify and strengthen the vital importance of restoring and expanding the tree canopy to trees'roles in TB question to floodwater absorption, temperature reduction, carbon capture, oxygen production and air quality add to improvement.Repeated in 2 emails narrative Upgrading stormwater infrastructure; reducing noise and air pollution; preserving vegetation; and All RE Goals championing a response to climate change. Town should promote awareness of importance of trees and tree canopy and educate the residents and Can add word businesses of importance of maintaining the tree canopy in and around home residences in the TOM. "educate" in *Repeated in 2 emails Policy 1A, action 2 Emphasize solar energy, heat pumps and geothermal energy as well as other methods as they are Under Goal 5 developed,less water-intensive landscape practices,locally grown food through community gardens,and Sug Strat phase out all fossil fuel-powered landscape equipment 12 Page 14 of 380 Attachment A(Cont'd) Page 103 of 129 Town Board September 6, 2023 Banning gas-powered leaf blowers Sug.Strat opposed to any development of the Hampshire property due to green space,wetlands,birds and wildlife Sug.Strat habitat Incorporate Community Solar on large and small buildings to service many in need. Sug.Strat Improve the Tree Code,Building Codes and Planning Codes to assist the professionals in monitoring Sug.Strat water and minimizing service and electric loads on properties. Create New Parks of small Open spaces with seating/social/waiting areas to be added. Sug.Strat Promote tree planting by families.Either begin a program in the schools or defer taxes to a family who Sug.Strat contributes to purchasing a tree. Define a TREE CODE to protect our current trees.The Code will monitor a limited removal of trees on Sug.Strat individual properties and penalize when ignored.To be given out at house closing. Notes:Any tree removal requires a permit-All lot sizes qualify for permits. -No clear cutting of trees on property.Owner must show need for any removal -Only 6 trees;replant on same or arranged space alternate-Identify community arbor stations or areas along main streets -make relationships with vendors who supply trees. Guideline for Tree Community is: $3.Per resident.$90,000.+$270,000.Is allowance for Town spending 90,000 resideents=1300 trees (RE) eSidewalks around trees:--Change sidewalk from hard edges to permeable paving to save large trees. -create curb cuts at road in front of homes -confirm each home has a continuous flow from house to street.Post sign at sidewalk to confirm.-post sign for no pesticides and member of Healthy Yard no pesticide usage Green infrastructure strategy-create a team with Town personnel,local homeowners and infrastructure Sug.Strat specialists to provides a working map with locations of trouble/problems.-locate map on second floor of main building with enough room for large tables and workspaces. have high school kids educate adults about the green infrastructure.Give them credits and add Sug.Strat community service requirements for instruction Set up teams to review energy use in libraries, classrooms, STEP program spaces. Document use and Sug.Strat savings Create a plan for Carbon Reduction-Provide classes on reducing carbon-Provide classes on adding new Sug.Strat technology-Provide classes on replacing carbon-make signage(billboards) Cut and Swap days Green infrastructure of plantings-when families divide their plants,we have a cut and Sug.Strat swap day at 4 locations.Center,train stations,post offices-change the zoning for the meridian between curb and sidewalk.Plant with wild flowers-town purchases labels for planting Leaf collection:-Each neighborhood to be coordinated to have 2 part days for gathering leaves. Sug.Strat 13 Page 15 of 380 Attachment A(Cont'd) Page 104 of 129 Town Board September 6, 2023 Shirts and Hats and Bags-Labels we take our leaves Sug.Strat Revise first sentence to following:(p.4) Add 'Resilient Environment prioritizes mitigaa ,limitingadverse impacts of development and human activity...as well as limiting noise and air pollution in the Mamaroneck. Revise 2nd sentence to following:(p.4) Add "Other goals,policies and actions recommend best management practices...ensure that development practices minimize storm damage,and promote best practices to reduce waste,carbon emissions,and the Town's carbon footprint." (p.4)Replace the word"wellbeing"with"well-being"in last sentence and elsewhere in document. Add Resilient Environment(p.24) Add Make the heading bolder Feedback on Improving Content in Resilient Environment(p.24) Question to TB This section should also note,as demonstrated by recent events across the country,the clear linkage between natural disasters,the withdrawal of private insurance carriers from disaster-prone areas,and the potential loss of both home values and Town tax revenues. Clarify and provide content in this section on the vital importance of restoring and expanding the tree canopy to trees'roles in floodwater absorption,temperature reduction,carbon capture,oxygen production,and air quality improvement. Resilient Environment(p.24) Add 1st sentence,1st paragraph:Add words-before"Mamaroneck's open spaces...." Resilient Environment(p.24) Add Last sentence,2nd paragra h:Revise this sentence as follows:"This damage can be mitigated by the Town seeking to minimima discharges into coastal waters,managing land use activities,and deploying green infrastructure techniques for managing stormwater flows." Resilient Environment(p.24) Add 1st sentence,3rd paragraph:Revise the sentence as follows:"The environmental impacts of climate change,such as sea level rise and extreme weather paassandLrrends_are elevating community concerns about flooding,air quality,and demands on the electricity grid." Resilient Environment(p.25) Add 2nd sentence,3rd paragraph:Delete the"y"at end of word"Smarty"so thatthe phrase reads as"Climate Smart Community". Resilient Environment(p.25) 3rd sentence,3rd paragraph:Ralph Engel had suggested removing the reference to the Town "encouraging green building practices"as he wasn't aware of the Town actually doing this.However,it is ok to keep this as there is evidence that the Town has been encouraging green building practices in its own facilities,such through its multi-year energy audit contract with Honeywell and various measures undertaken to improve energy efficiency of Town facilities.There is certainly room for improvement in doing more on this. 14 Page 16 of 380 Attachment A(Cont'd) Page 105 of 129 Town Board September 6, 2023 Resilient Environment(p.25) Add Add the heading"Resilient Environment Policy Framework"above RE Goal 1 to be consistent with the other sections of the document. Resilient Environment(p.25-26) Replace"Action"with'Strategy"wherever it appears throughout the Resilient Environment Policy Framework. RE Policy 1A(p.25) Add Revise the 2nd"Action"to"Maintain,protect,and expand s tree_and vegetation in the Town. RE Goal 2(p.25) Add Revise the 1st"Action"as follows:"Seek to eliminate direct or indirect discharges into coastal areas and RE Goal 4(p.25) Question for Revise the 1st"Action"as follows:"Ensure new buildings,additions,expansions,and other structures are TB sited and constructed in a manner that protects lives and minimizes damage to property lid trees." p.15,Resilient Environment,RE Action 3A2: Add - Publish Revise 1st proposed action as follows with edits highlighted in green: and make "Publish materials on techniques for introducing green infrastructure on private property and make thel available to easily available to residents." residents... p.15,Resilient Environment,RE Action 3A3: Sug.Strat Add these 3 new implementation steps: "Eliminate unnecessary cutting of trees on private property through a strong tree code." "Establish a robust tree-planting program in the Town that aims for overall tree planting exceeding tree cutting/removal." "Require property owners to install permeable paving in driveways in flood-prone areas where feasible." p.17,Resilient Environment,RE Action 5A1 Sug.Strat Add these 3 new implementation steps(which had been proposed in previous email feedback): "Use low carbon concrete in road and building construction/maintenance works,in line with New York State recommendations." "Expand capacity in the grid for electric dependency." "Adopt green parking lot standards," p.17,Resilient Environment,RE Action 5A4 Sug.Strat Add these 3 new implementation steps(which had been proposed in previous email feedback)which are important for the Town to meet the Climate Smart Communities program requirements and gain points for their criteria: "Foster climate-friendly economic development and practices" "Promote development of residential and community vegetable gardens." "Promote awareness of the importance of trees and the tree canopy and educate the residents and businesses of importance of maintaining the tree canopy in and around homes residences and commercial buildings in the Town." 15 Page 17 of 380 Attachment A(Cont'd) Page 106 of 129 Town Board September 6, 2023 In the box at the top of page 24,because I am not at all sure that you,or even Jaine,can prevent extreme Add weather,I suggest replacing"preventing and minimizing extreme weather and flooding impacts"with "preventing and minimizing flooding impacts from extreme weather. In the second action item under RE Policy 1A on page 25,I do not think that the wording is correct.I Add suggest that the present wording be replaced by"maintain,protect and expand protections for trees and vegetation in the Town". As to the fourth action item under RE Policy 1A on that page,except as to construction noise,I believe that Sug.Strat the Town lacks a noise ordinance of any kind.I thus suggest that something be added to this action item to reflect the need to limit noise originating from one property but impacting another,and that something be added elsewhere in the CP to deal with this inequity. Under RE Policy 2A on page 25,suggest adding/inserting/specifying what discharge into coastal areas Question for and residential neighborhoods you seek to eliminate.I also suggest that it not be limited to"residential TB. Assuming neighborhoods"but,rather,encompass the entire Town. Town wants to eliminate all discharges and have everything instead go through sewers and be treated.But its the residential neighborhoods and the Sound that are most critical. We could just say "eliminate discharges in all Town waterbodies especially those in residential neighborhoods and along the coast" 16 Page 18 of 380 Attachment A(Cont'd) Page 107 of 129 Town Board September 6, 2023 SOUND ECONOMY Wish the plan draft and/or policy framework would include language throughout demonstrating fiscal accountability and cost savings/trade offs to maintain or reduce the tax burden on the population served- how does Sound Economy work with framework of Goal 2 Re-Study and Revise the"Town operations efficiency"Strategy portions of Sound Economy to give residents List of ideas a much clearer understanding of what the Town wants to accomplish.Needs more ideas for how this can be in Sug.Strat accomplished Conduct a cost/savings analysis of consolidating the three Governments Sug.Strat Shared services_The Plan should more strongly set as a goal the sharing of services among the Town and the Sug.Strat two villages. The Plan misses the opportunity to set a goal of reducing the unneeded and expensive administrative costs of having three separate governments supervising services that could be shared Form a group of locals to set up new businesses Explore a tax write off for doing work for the Town Sug.Strat Keep our financial situation top notch;add increase possibilities for commercial owners to advance Under SE Goal 1 (p.4)Add the word"the"before"efficiency"in last sentence so that it reads as"This section also Add strives...and maximizing efficiency of Town operations." Sound Economy(p.27) Add Make the heading bolder Sound Economy(p.27) Add Add the heading"Sound Economy Policy Framework"above SE Goal 1 to be consistent with the other sections of the document. Sound Economy(p.27) Replace"Action"with"Strategy"wherever it appears throughout the Sound Economy Policy Framework. 17 Page 19 of 380 Attachment A(Cont'd) Page 108 of 129 Town Board September 6, 2023 OTHER/Executive Summary/Community Needs Assessment What did the Board learn from the process/"Plan"? What actions does the Board expect to take--in the next year,in the next ten years,etc.--to achieve what is described in the"Plan"? How would those actions be different from what the Board may have expected to do prior to the"Plan"and process? "...offers a high quality of life characterized by leafy neighborhoods,quality schools,diverse architectural style..."As stated above from the plan,we also benefit from the natural of mature trees and preserved land. As well as man made houses and buildings built at a time when character was as important as integrity of the structure. Adding new mixed use buildings will inherently alter these aesthetics for the worse. The plan appears to be quite generic in"goals"and absent any"plans"for accomplishing them. PB members asked whether the comprehensive plan will be referred to the Westchester County Planning Board for review and comment. PB members expressed frustration that referrals by the Town Board to the Planning Board allow Sug.Strat insufficient time to discuss and articulate opinions given the fact that the Planning Board meets only once per month and the Open Meetings Law requires all public business to be conducted at a duly noticed public meeting. What percentage of the public participated in various "public engagement" activities related to the Add numbers preparation of the"comprehensive plan"? at each event? Replace the term"Actions"with either"sub-policies"or"Strategies",either of which are a much better characterization of the vague and general content of these items On page 2"Over the past ten years,the unincorporated area's population has remained unchanged at just Reject-We under 12,000 persons"yet on page 33,the population in the Table is listed as 12,850 or over 12,000 and present both grew from 2010 to 2020 7.3%.Therefore,please do a quality control check of the numbers cited within ACS and the document to eliminate contradictions and fix the statement on page 3 accordingly,or provide more decennial data. recent data supporting the statement that the population is under 12,000 and remained unchanged from The data sets 2013 to 2023. are different. And we have a note that explains that, It's better to draw upon the ACS data, which in fact shows the population staying under 12K over the least ten years Page 59 cites that the Town has over 4,900 trees along its roads and in public spaces.What size trees We will fact counted and what is the reference,study,etc.and year that determined there were 4,900 trees? check this 18 Page 20 of 380 Attachment B Page 109 of 129 Town Board September 6, 2023 - - _ MAMARONEpC AVENUE LMC MEDIA 871D1O MAMARONECK AVENUE STUDIO MD Pmpcl No. 243 Mamaroneck Ave 3.1047 Mamaroneck,NY 10543 DESIGN TEAM — CONSTRUCTION DOCUMENTS AIONnLc* K040 AmhLects 165 Win Street Mount Klein.NY 10549 en4491a6S6-5 0 MLCWWICALFNOM®R ON OlA Conaultlrq Enpinaan A(� 7DLm.:7 eu�a 71MMORN,NY 1p55] _,'y, eete5914.747.2500 AWrtic LNOMELR Acaosp olnstlnetlons - *.. mEeet CM Street Nov York,NY 10165 4 '' -mill 1.9.- .. .. see.]13•7&F0116 • Vie r LIST OF DRAWINGS 21 ••••••_u_ COVER G000 Attachment B (Cont'd) Page 110 of 129 Town Board September 6, 2023 4 m LMC YEARS MEDIA September 1,2023 Town of Mamaroneck Town Council 74e W.Boston Post Rd. Mamaroneck,NY 10543 RE:LMC Media Capital.Improvement Project at Mamaroneck Cinemas Dear Supervisor Eney&Town Council Members: LMC Media is respectfully requesting the release of capital.funds from the PEG grant,proportionate to the Town's PEG funds(34.19%),for the previously greenlit studio renovation project at Mamaroneck Cinemas. Additionally,LMC Media is requesting a previous amount of PEG capital that was originally submitted to the Tri-Municipal Board of Control in November,2022 for reimbursement.I should note that the Village of Larchmont has already paid their portion. We have attached our budget,requisition list,and architect plans for your review.We look forward to working with you on this project.which is sure to be a wonderful addition to our community. Sincerely. Matt Sullivan Executive Director,LMC Media 740W.Boston Post Rd.#311 Mamaroneck NY 10543 1914381.2002 I www.lmcmedia.org Attachment B (Cont'd) Page 111 of 129 Town Board September 6, 2023 LMC Media Video/podeast studio Working budget as of 8/30/2023 Budget Projected Variance HARD COSTS Cost to complete General Construction 200,000 171,101 28,899 Studio Equipment FItout 350,000 (11,000) Base system 343,000 Lighting Package 8,000 Grid 10,E Hard Cost contingency 110,000 100,000 10.000 Total Construction 660,000 632,101 27,899 General Conditions 66,000 65,074 926 Subtotal Insurance 14,520 - 14,520 Sub-total Bond 14,810 - 14,810 755,330 697,175 58,155 TOTAL HARD COSTS SOFT COSTS Design Services-AV and acoustician 30,000 30,000 - Design Services-architect and engineers 18,500 25.000 (6,500) FF&E (Fee and procurement) 7.000 (1.000) Perm Hs and licenses 1.000 1.000 - Signage 3,000 5,000 (2.000) Rehnbursible Expenses 5,000 5,000 - Contingency 010% 5,750 5,750 Contract administration 10,000 - 10.000 TOTAL SOFT COSTS 73,250 78,750 (5,500) TOTAL COST 826,580 775,925 52,555 Attachment B (Cont'd) Page 112 of 129 Town Board September 6, 2023 LMC Media Requisition to the Tr-Count Board of Control Payee Invoice 6 Amount Due Amount Received Amount Received from BOC from Larchmont 17.35% 2022 involve 24,688.19 0.00 4,283.40 Studio project 1 12,159.17 0.00 0.00 Apiero Design 2 4,375.00 0.00 0.00 1 4,493.75 0.00 0,00 K G&P Architect 2 16,605.00 000 0.00 Abel Cine Deposit 173,415.00 0.00 0.00 Total to date 235,736.11 0.00 4,283.40 heal due 231,452.71 194,835.89 36,616.821 Attachment B (Cont'd) Page 113 of 129 Town Board September 6, 2023 Item Unit Cost Qty. Ext Cost Approval Status Van Repairs&Updates $17,995.99 1 $18,768.13 Pending BOCApproval Wireless Mic for Cell $23.98 1 S23.98 Pending BOC Approval Adobe License Renewal $290.40 13 $3,775.20 Pending BOC Approval Sony Battery Charger $158.00 1 $158.00 Pending BOC Approval Speaker cable 25'1/4" $16.85 2 $33.70 Pending BOCApproval Speaker cable 10'1/4" $14.49 2 $28.98 Pending BOCApproval tMreless Mic for Cell $26.99 2 $53.98 Pending BOC Approval Tripods $397.88 3 $1,193.64 Pending BOCApproval Stereo microphone bar $13.95 1 $13.95 Pending BOC Approval Case for microphone equipment $100.00 1 $100.00 Pending BOC Approval Smell stereo compressor $185.00 1 $185.00 Pending BOC Approval Mobile equipment cart $169.98 1 $169.98 Pending BOC Approval Battery Tester $3.71 1 $3.71 Pending BOC Approval SD cards $29.99 6 $179.94 Pending BOC Approval TOTAL= $24,688.19 Attachment C Page 114 of 129 Town Board September 6, 2023 Town of Mamaroneck From: Tracy Yogman-Town Comptroller Re: Fire Claims Date: September 06,2023 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 Repaired Scott Face Mask,parts,sanitize,Survivor led battery,key- AAA Emergency Supply Co.,Inc. lock,hydrotest,refill air cylinder $ 827.08 Push botton switches,packing tape,inverter 3 AC outlets, Amazon dishwasher powder,usb cable,battery adaptor,aspirin, 555.07 HDMI splitter adapter cable,screws,HDMI cable,splitter,tool tether Amazon with carabiner,plastic sheet 620.56 Bound Tree Medical,LLC Rescue Randy manikins 1,499.99 Champion Elevator Maintenance for August 2023 209.83 Firehouse Innovations LI Inc. Wheel system,spike blocks,threaded rod pack 1,020.00 FireCompanies.Com Platinum Package-hosting and maintenance 8/1/23 209.97 Galls,LLC Shirts with logos 175.20 Optimum Cable Services for 7/23-8/22/23 259.38 Ready Refresh Water Cooler/Rental Fee-3/19-6/19 564.88 • Royal Comfort LLC Hvac annual maintenance 2,771.00 Sound Shore Pest Control Exterminating services 7/25/23 70.00 The Blowhard Company Parts for battery operate Ventilation fan 382.50 Tony's Nursery Inc. Propane exchange 59.98 Town of Mam'k Fire Dept. Food for Water Rescue training 7/19/23 299.64 Town of Mam'k Fire Dept. Food for Standpipe training 8/2/23 223.95 UniFirst Corporation Cleaning supplies 7/14,7/21,7/28/23 394.11 WJWW 6"Metered fire service 6/26-7/25/23 37.00 Total $ 10,180.14 • Page 197 of 380 Attachment D Page 115 of 129 TOWN OF MAMARONECK FIRE DEPARTMENT Town Board September 6, 2023 OFFICE OF THE Headquarters CHIEF ` 205 WEAVER STREET LARCH MONT.NEW YORK 10538 WEAVER 834-2100 EMERGENCY iCt 834-2101-NON EMERGENCY 1—�� 834-2438 CHIEF'S OFFICE STREET 834-0922-FAX WWW.TMFD.ORG F p To: Board of Fire Commissioners From: Chief Thomas Broderick Date: September 05,2023 Re: Fire Report for the Month of August 2023 The following report outlines response to calls made during the month of August 2023.It summarizes the nature,the number of personnel responding and the total time spent. I have also attached a report showing a further breakdown of these alarms. Alarm Type Number Generals 34 Minors 20 Stills 2 Out of Town(Mutual Aid) 1 EMS 46 Drills 3 TOTAL 106 Total number of personnel responding: 589 Total time working: 40 hours and 37 minutes Respectfully Submitted, aor Chief Thomas Broderick Attachment D (Cont'd) Page 116 of 129 Town Board September 6, 2023 Incident Type Count Report Date Ranee: From$/1/2023 To 8/31/2023 Selected Station(s):All Incident Type Description Co n Station: EMS 321-EMS call,excluding vehicle accident with injury 46 44.66% Total-Rescue&Emergency Medical Service Incidents 46 100.00% Total for Station 46 44.66% Station: HO 113-Cooking fire,confined to container 1 0.97% 140-Natural vegetation fire,other 1 0.97% Total-Fires 2 3.70% 322F-Vehicle accident with injuries 3 2.91% 324F-Motor vehicle accident with no injuries 2 1.94% 352F-Extrication of victim(s)from vehicle 1 0.97% 353F-Removal of victim(s)from stalled elevator 2 1.94% Total-Rescue&Emergency Medical Service Incidents 8 14.81% 412-Gas leak(natural gas or LPG) 2 1.94% 444-Power line down 2 1.94% 461-Building or structure weakened or collapsed 1 0.97% Total-Hazardous Conditions(No fire) 5 9.26% 511-Lock-out 3 2.91% 520-Water problem,other 2 1.94% 551-Assist police or other governmental agency 2 1.94% 553-Public service 1 0.97% 571-Cover assignment,standby,moveup 1 0.97% Total-Service Call 9 16.67% 735-Alarm system sounded due to malfunction 3 2.91% 736-CO detector activation due to malfunction 1 0.97% 740-Unintentional transmission of alarm,other 7 6.80% 743-Smoke detector activation,no fire-unintentional 3 2.91% 745-Alarm system sounded,no fire-unintentional 16 15.53% Total-Fals Alarm&False Call 30 55.56% Total for Station 54 52.43% Station: STIL 321-EMS call,excluding vehicle accident with injury 2 1.94% Total-Rescue&Emergency Medical Service Incidents 2 66.67% 571-Cover assignment,standby,moveup 1 0.97% Total-Service Call 1 33.33% Total for Station 3 2.91% 103 100.00% Page 1 of 1 Printed 09/05/2023 17:33:27 Page 117 of 129 Town Board September 6, 2023 Attachment E CONTRACT OF SALE (Vacant Land) • THIS AGREEMENT is dated the day of September,2023 and is between Town of Mamaroneck whose address is 740 West Boston Post Road,Mamaroneck,NY 10543("Seller") and Julian Charles Sancton and Jessica Emilie Levine,both residing at 20 Winthrop Avenue,Larchmont,NY 10538("Purchaser"). 1. Seller shall sell and Purchaser shall buy the real property hereinbelow described for the sum of sixteen thousand and no/100ths($16,000.00)dollars,payable as follows: On the signing of this Contract,no down payment, At closing, by bank or certified check, the sum of sixteen thousand and no/ths ($16,000.00) dollars. 2. The real property is described on the annexed Schedule A. 3. Upon receipt of the purchase price at the time and in the amount set forth in"1" above,the • Seller shall execute and deliver to Purchaser,a Quit Claim Deed,in recordable form,so as to convey whatever title, if any, the Seller has to the real property described on Schedule A, subject to the covenants and restrictions set forth below. The Purchaser shall pay for the preparation of the Quit Claim Deed,all documents associated with this transaction and all transfer taxes due as a result of the sale of the real property. The deed shall contain a dause which complies with Section 13 of the Lien Law.If the Seller is unable to convey insurable title subject to the matters set forth herein,the Purchaser may either(a)close title and accept whatever title the Seller can convey or(b)cancel the contract.In either case,the Seller will not be considered to be in default of this Contract and the Purchaser shall not seek any damages,specific performance of this Contract or an abatement in the purchase price. 4. All adjustments of real estate taxes, assessments and water/sewer charges, if any, shall be conducted in the normal manner for real estate transaction in the locality in which the real property is situated. 5. The Purchaser shall have possession of the real property on the date of the transfer of title unless otherwise agreed to, in writing, by the parties hereto or their attorneys, in which event, all adjustments shall be calculated from the date that the Purchaser took possession of the real property and Purchaser shall be obligated to maintain the real property from said date. 6. If the Purchaser fails to perform any of the terms,conditions and provisions of this Contract that it is required to perform,the Seller shall give the Purchaser written notice of such default. If the Purchaser fails to cure the default,within ten(10)business days after notice has been given,the Seller • may terminate this Contract by giving written notice in the same manner that a notice of default may be given. If the Purchaser is in possession of the real property,it shall immediately relinquish same to the Seller. Upon written request by either party,the parties shall execute a formal termination contract. The Purchaser hereby expressly appoints the Seller as the Purchaser's attorney-in-fact for Page 359 sole of 380 Attachment E (Cont'd) Page 118 of 129 Town Board September 6, 2023 purpose of executing a formal termination of contract if the Purchaser fails to or refuses to execute same • within fifteen(15)days after the Seller requests that it do so. The rights afforded the Seller hereunder shall be in addition to those afforded to it by law. 7. This Contract may only be changed or amended in a writing signed by the parties hereto. 8. This Contract shall be binding upon the distributees,executors,administrators,successors and assigns of the parties hereto. 9. This Contract of Sale is subject to a permissive referendum. 10. The closing shall occur on or about the 14th day after the date that the time to petition for a permissive referendum shall have expired. 11. The acceptance of the deed by the Purchaser shall be deemed to be the full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Contract of Sale. None of the obligations that the Seller is required to perform pursuant to this Contract of Sale shall survive the closing. 12. The Purchaser will accept the real property in its"as-is"condition on the date of the closing and subject to any state of facts an accurate survey may show,each covenant,easement or restriction of record and all zoning laws and other laws,ordinances and regulations imposed by any governmental unit or municipal authority having jurisdiction over the parties or the real property. • 13. In entering into this Contract for Sale,the Purchaser is not relying upon any representation, express or implied,made by the Seller or its employees or consultants. 14. The parties may not assign their rights under this Contract of Sale. 15(a) Any notice which is required or may be given under this Contract of Sale shall be in writing and shall be deemed to have been made either(i)on the day that it is hand delivered to the other party (or a person who is entitled to a copy of the notice)or to someone of suitable age and discretion at the address of that party(or a person who is entitled to a copy of the notice)or(ii)on the first business day after it is sent,if it is sent by a reputable overnight courier or(iii)on the third business day after it is mailed,if it is mailed by certified mail,return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a copy of a notice("addressees")are: If to the Purchaser,to: Julian Charles Sancton and Jessica Emilie Levine 20 Winthrop Avenue Larchmont,NY 10538 • Page 360 of 380 Attachment E (Cont'd) Page 119 of 129 Town Board September 6, 2023 If to the Town,to: Town of Mamaroneck • 740 West Boston Post Road Mamaroneck,NY 10543 Att:Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 Att. Town Attorney or to such other address that an addressee shall have specified in a notice to the other addressees. 16. The words"Purchaser"and"Seller"shall include the plural thereof where applicable. 17. This Contract may be executed in one or more counterparts,which,when taken together,shall constitute a single agreement. This Contract may be transmitted with a facsimile signature or a"PDF" or similar signature which shall be fully binding and enforceable on the Parties. IN WITNESS WHEREOF the parties have signed this Contract on the date and year first mentioned herein. • Town of Mamaroneck By: Meredith S.Robson,Town Administrator Julian Charles Sancton Jessica Emilie Levine Sales of Land/20 Winthrop/2022-09-01-contract of sale Vacant Land • 3 Page 361 of 380 Attachment E (Cont'd) Page 120 of 129 Town Board September 6, 2023 Stephen F. Hoppe, LS, P.C. Licensed Professional Land Surveyor 111 Route 303♦Tappan,NY 10983 Phone 1(845)359-5050 June 7,2023 DESCRIPTION OF LAND TO BE CONVEYED 20 WINTHROP AVENUE MAMARONECK,WESTCHESTER CO.,NY BEGINNING at a point in the southerly sideline of Winthrop Avenue where the same is intersected by the easterly side of Plymouth Road and running thence; 1.) S.51°-07'W.,along the easterly side of Plymouth Road for a distance of 100.00 feet to a point in same,thence; 2.) N.39°-41'-10"W.,along the southerly side of Plymouth Road for a distance of 7.00 feet to a point in same,thence; 411111, 3.) N.51°•07'E.,for a distance of 43.39 feet to a point,thence; 4.) N.38°-53'-00"W.,for a distance of 11.41 feet to a point,thence; 5.) N.42°-13'-54"E.,for a distance of 57.38 feet to a point,thence; 6.) S.38°-53'-00"E.,for a distance of 26.39 feet to the point and or place of beginning. Known as a portion of Plymouth Road to be conveyed to Tax Lot 56(20 Winthrop Avenue). Area to be conveyed=1,548 SF Page 363 of 380 Attachment E (Cont'd) Page 121 of 129 Town Board September 6, 2023 OFFSET DIMENSIONS ARE NOT TO BE USED FOR CONSTRUCTION. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 4011/ N. 0 o CCWINTHROP AVE w �I ernasEso rREs (FORMERLY LOCUST AVE) '^2r. a oNE w x _ w iiii S. 38'-53'-00" E. y �IIII sT 5.001 in m O /0 i•--Fro .wuL m GS % BL1E-Io `y � iIWO STORY LOT-56 / ;/ ,DWELUNC (TAX MAP) Jnoa poErtwcr CI- sr��� [A. il PROPOSED CONVEYANCE ONE:.: @ 19 `C' 8 �n o i ,,..)f , N ul OAO , VI i ° sA ij- i.7. 50.0 N. 39'-41'-10" W. N. 39'-54'-50" W. -ovmxuo wares SURVEY OF PROPERTY #20 WINTHROP AVENUE LOT 56, BLOCK 10, SECTION 4 MAMARONECK, WESTCHESTER CO. , NY Certified to:Jessica Levine SCALE:1"=30' DATE: APR. 7, 2023 STEPHEN F. HOPPE, L.S. LICENSED PROFESSIONAL LAND SURVEYOR Map Reference I Being known as Lot Nos.19,20 and 21 on a 111 ROUTE 303 map entitled:"Map of Lands of Frederick Lorenzen,Esq.,being TAPPAN. EW YORK 10983 g Subdivision of Property purchased from Florence S.Lambert, NY IC. O. 50539 ` situate in the Town of Mamaroneck,Westchester County,N.Y." filed in the Westchester County Clerk's Office on June 18,1900 in Volume 13 of map at Page 42. L•S. I DRAWN 8Y-TJI1 )REVISED: LE N0.-7162-23 Page 364 of 380 Attachment E (Cont'd) Page 122 of 129 Town Board September 6, 2023 • QUITCLAIM DEED THIS INDENTURE made as of BETWEEN the Town of Mamaroneck,with offices at 740 West Boston Post Road,Mamaroneck,NY 10543,the party of the first part,and Julian Charles Sancton and Jessica Emilie Levine, both residing at 20 Winthrop Avenue, Larchmont,N 10538Y,the party of the second part, NOW,THEREFORE,the party of the first part, in consideration of sixteen thousand and no/ths ($16,000.00)dollars paid by the party of the second part,does hereby remise,release and quitdaim unto the party of the second part,its successors and assigns forever,all of its interests to the real property described in Schedule"A"hereto without any representation as to the quality of the party of the first party's title thereto. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets roads abutting the premises described in Schedule"A"to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises granted herein to the party of the second part its successors and assigns forever. AND the party of the first part,in compliance with Section 13 of the Lien Law,hereby covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to • receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF,the party of the first part,acting through Meredith S.Robson,as Town Administrator of the Town of Mamaroneck has duly executed this deed as of the day and year written above. TOWN OF MAMARONECK By: Name:Meredith S.Robson Title: Town Administrator State of New York County of Westchester On before me,the undersigned personally appeared Meredith S.Robson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as the Town Administrator of the Town of Mamaroneck,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. • Notary Public Attachment F Page 123 of 129 Town Board September 6, 2023 CONTRACT OF SALE (Vacant Land) • THIS AGREEMENT is dated the day of September,2023 and is between Town of Mamaroneck whose address is 740 West Boston Post Road,Mamaroneck,NY 10543("Seller") and Peter M. McWhinnie and Paula Kirby, both residing at 15 Edgemont Road, Larchmont, NY 10538 ("Purchaser"). 1. Seller shall sell and Purchaser shall buy the real property hereinbelow described for the sum of seven thousand five hundred and no/100ths($7,500.00)dollars,payable as follows: On the signing of this Contract,no down payment, At closing,by bank or certified check, the sum of seven thousand five hundred and no/ths ($7,500.00)dollars. 2. The real property is described on the annexed Schedule A. 3. Upon receipt of the purchase price at the time and in the amount set forth in"1" above,the • Seller shall execute and deliver to Purchaser,a Quit Claim Deed,in recordable form,so as to convey whatever title, if any, the Seller has to the real property described on Schedule A, subject to the covenants and restrictions set forth below. The Purchaser shall pay for the preparation of the Quit Claim Deed,all documents associated with this transaction and all transfer taxes due as a result of the sale of the real property. The deed shall contain a clause which complies with Section 13 of the Lien Law.If the Seller is unable to convey insurable title subject to the matters set forth herein,the Purchaser may either(a)close title and accept whatever title the Seller can convey or(b)cancel the contract.In either case,the Seller will not be considered to be in default of this Contract and the Purchaser shall not seek any damages,specific performance of this Contract or an abatement in the purchase price. 4. All adjustments of real estate taxes, assessments and water/sewer charges, if any, shall be conducted in the normal manner for real estate transaction in the locality in which the real property is situated. 5. The Purchaser shall have possession of the real property on the date of the transfer of title unless otherwise agreed to, in writing,by the parties hereto or their attorneys, in which event, all adjustments shall be calculated from the date that the Purchaser took possession of the real property and Purchaser shall be obligated to maintain the real property from said date. 6. If the Purchaser fails to perform any of the terms,conditions and provisions of this Contract that it is required to perform,the Seller shall give the Purchaser written notice of such default. If the Purchaser fails to cure the default,within ten(10)business days after notice has been given,the Seller • may terminate this Contract by giving written notice in the same manner that a notice of default may be given. If the Purchaser is in possession of the real property,it shall immediately relinquish same to the Seller. Upon written request by either party,the parties shall execute a formal termination contract. The Purchaser hereby expressly appoints the Seller as the Purchaser's attorney-in-fact for the sole Page67 of 380 Attachment F (Cont'd) Page 124 of 129 Town Board September 6, 2023 purpose of executing a formal termination of contract if the Purchaser fails to or refuses to execute same within fifteen(15)days after the Seller requests that it do so. The rights afforded the Seller hereunder • shall be in addition to those afforded to it by law. 7. This Contract may only be changed or amended in a writing signed by the parties hereto. 8. This Contract shall be binding upon the distributees,executors,administrators,successors and assigns of the parties hereto. 9. This Contract of Sale is subject to a permissive referendum. 10. The closing shall occur on or about the 14th day after the date that the time to petition for a permissive referendum shall have expired. 11. The acceptance of the deed by the Purchaser shall be deemed to be the full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Contract of Sale. None of the obligations that the Seller is required to perform pursuant to this Contract of Sale shall survive the closing. 12. The Purchaser will accept the real property in its"as-is"condition on the date of the dosing and subject to any state of facts an accurate survey may show,each covenant,easement or restriction of record and all zoning laws and other laws,ordinances and regulations imposed by any governmental unit or municipal authority having jurisdiction over the parties or the real property. • 13. In entering into this Contract for Sale,the Purchaser is not relying upon any representation, express or implied,made by the Seller or its employees or consultants. 14. The parties may not assign their rights under this Contract of Sale. 15(a) Any notice which is required or may be given under this Contract of Sale shall be in writing and shall be deemed to have been made either(i)on the day that it is hand delivered to the other party (or a person who is entitled to a copy of the notice)or to someone of suitable age and discretion at the address of that party(or a person who is entitled to a copy of the notice)or(ii)on the first business day after it is sent,if it is sent by a reputable overnight courier or(iii)on the third business day after it is mailed,if it is mailed by certified mail,return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a copy of a notice("addressees")are: If to the Purchaser,to: Peter M.McWhinnie and Paula Kirby 15 Edgemont Road Larchmont,NY 10538 With a copy to: Paul J.Noto Dorf&Nelson LLP 555 Theodore Fremd Avenue Rye,NY 10580 • 2 Page 368 of 380 Attachment F (Cont'd) Page 125 of 129 Town Board September 6, 2023 If to the Town,to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 Att:Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 Att: Town Attorney or to such other address that an addressee shall have specified in a notice to the other addressees. 16. The words"Purchaser"and"Seller"shall include the plural thereof where applicable. 17. This Contract may be executed in one or more counterparts,which,when taken together,shall constitute a single agreement. This Contract may be transmitted with a facsimile signature or a"PDF" or similar signature which shall be fully binding and enforceable on the Parties. IN WITNESS WHEREOF the parties have signed this Contract on the date and year first • mentioned herein. Town of Mamaroneck By: Meredith S.Robson,Town Administrator Peter M.McWhinnie Paula Kirby Sales of Land/15 Edgemont/2022-09-01-contract of sale Vacant Land I • 3 Page 369 of 380 Attachment F (Cont'd) Page 126 of 129 Town Board September 6, 2023 Link Land Surveyors, P.C. New York State Licensed Land Surveyors 21 Clark Place,Suite 1B Mahopac,New York 10541 Phone 845-628-5857 MEMBERS OF THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS WESTCHESTER PUTNAM ASSOCIATION OF PROFESSIONAL LAND SURVEYORS May 18,2023 All that certain plot,piece or parcel of land,situate,lying and being in the Town of Mamaroneck,County of Westchester and State of New York being a portion of Knollwood Drive and Edgemont Road as shown on a certain map entitled"Map of a portion of Rouken Glen,Section 10,Property of Occum Realty Corp."dated Aug. 24,1928,made by Jules H.Werner and filed in the Office of the Register of Westchester County,now Office of the County Clerk of Westchester County, Division of Land Records,on Oct.15,1928 in Volume 68 of Maps,at page 29,said portion of said road and drive being bounded and described as follows: BEGINNING at a point on the northeasterly side of Edgemont Road at the northwesterly end of a curve having a radius of 23.21 feet and an arc length of 42.76 feet which connects the northeasterly side of Edgemont Road with the northwesterly side of Knollwood Drive as shown on the above mentioned filed map; RUNNING THENCE from said point of beginning in a southeasterly direction along the afore mentioned curve,being a curve to the left having a radius of 23.21 feet,a distance of 42.76 feet to the northerly terminus of Knollwood Drive; THENCE along the northerly terminus of Knollwood Drive South 56°41'30"East 35.00 feet.; THENCE South 33°18'30"West a distance of 40.31 feet to the southeasterly prolongation of the northeasterly side of Edgemont Road; THENCE Northwesterly along a non-tangent curve to the left having a radius of 52.00'with Radial Bearing of North 66°43'44"East,a distance of 32.41'; THENCE along said southeasterly prolongation of the northeasterly side of Edgemont Road North 41°07'40"West 35.00 feet to the point and place of BEGINNING. Page 371 of 380 Attachment F (Cont'd) Page 127 of 129 Town Board September 6, 2023 • I ( lel `2°� t�CQ 11 0_-23 W :I A.:.. GNOS NOW OR FORMERLY SURVEY i PARA KIRBY&PEIER M.MCWNINNIE Ca.OL No.503273458 OF PROPOSED PROPERTY W f o$ R=23.21" L=42.76' SITUATE IN THE TOWN OF MAMARONECK 1: •--, O WESTCHESTER COUNTY - OT NEw YORK _ \ iwo•%,,,,, O S0. SCA"O ) ...---'' BE KNOLLWOOD s • ,° h' I SIP”.; OV' a SURVEY REASEO TO SNOW NEW C SUMMATION OR MACS,MAY RSURVEY REVISED TO WOW HEW C.F.I...OF PARCEL FEBRUARY1 4$DRIVE -- /e-„ u, (05-106-1 • \I 'S33°19'3=,.... • / �� ,�cam°�en waxen, I 40.31, Raw, % 6 Ec aYw°°we.ems"xa,a.,� Q wEsn:x�,ERcw.,YwaE,.Ra OFR...ALBUSTn.,....Ruo KW w.R.a. „a+. ,,. —�-S /> V .r.,EUNE Bol,.vncoro®,....FR vm .e wR,.E ERR...,m rEx .,w.c,uwa"• omw. % ••xnacx,en. =" ' u SEwxo A u0e.em We SURVEY°.LEAR E•vnu,nx o.w.nnx TM. LANDS NOW OR FORMERLY Zox JENNIFER M.RABINA •�uu•,.�u1°o.nw trw 1ms aeuunver w.re Vmm,w me oFne Low nmE.ars LB. BE e°emm.o.TO.. T500353a23 V Link iosu :R:"now a....r uanRN„°a Land Surveyors arc. ,D PREPARED FOR: PAULA KIREV B PETER McWHINNIE •n..Rem wu -- N) @CO rvo am.owo,x.x..um.�..a e..w.,wa,ouam•v.T..mR..aR Si. W CO 0 Attachment F (Cont'd) Page 128 of 129 Town Board September 6, 2023 QUITCLAIM DEED THIS INDENTURE made as of BETWEEN the Town of Mamaroneck,with offices at 740 West Boston Post Road,Mamaroneck,NY 10543,the party of the first part,and Peter M.McWhinnie and Paula Kirby,both residing at 15 Edgemont Road,Larchmont,NY 10538, the party of the second part, NOW,THEREFORE,the party of the first part,in consideration of seven thousand five hundred and no/ths($7,500.00) dollars paid by the party of the second part,does hereby remise, release and quitclaim unto the party of the second part,its successors and assigns forever,all of its interests to the real property described in Schedule"A"hereto without any representation as to the quality of the party of the first party's title thereto. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets roads abutting the premises described in Schedule"A"to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises granted herein to the party of the second part its successors and assigns forever. AND the party of the first part,in compliance with Section 13 of the Lien Law,hereby covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to • receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF,the party of the first part,acting through Meredith S.Robson,as Town Administrator of the Town of Mamaroneck has duly executed this deed as of the day and year written above. TOWN OF MAMARONECK By: Name:Meredith S.Robson Title: Town Administrator State of New York County of Westchester On before me,the undersigned personally appeared Meredith S.Robson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as the Town Administrator of the Town of Mamaroneck,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. • Notary Public Page 129 of 129