HomeMy WebLinkAbout2024_09_04 Town Board Meeting Packet ot
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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
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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.
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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
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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
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•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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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•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.
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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.
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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.
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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.
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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
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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
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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.
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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:
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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.
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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
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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
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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 (
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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