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2017_04_05 Town Board Meeting Packet
TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY APRIL 5, 2017 THE TOWN BOARD WILL CONVENE - AT S:OOPM, IN CONFERENCE ROOM A TO DISCUSS: 1. Update — Novus Agenda 2. Discussion — Leaf Blower Regulations 3. Discussion — NRG Power Curtailment Solutions 4. Update — Paving of Bonnie Briar Neighborhood 5. Update — Town Center Parking Lot Project 6. New Business 8:OOPM CALL TO ORDER - Town Court SUPERVISOR'S REPORT PUBLIC HEARINGS —1. The Increase & Improvement of the Facilities of the Town of Mamaroneck Garbage District No. 1 2. The Increase & Improvement of the Facilities of Consolidated Water District in the Town of Mamaroneck CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Ratification —Stipulation of Settlement— International Association of Firefighters 3. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization — License Agreement — Winged Foot Golf Club 2. Authorization — Power Demand Response Agreement — NRG 3. Salary Authorization — Environmental Planner 4. Consideration of Certiorari APPROVAL OF MINUTES — March 15, 2017 REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETINGS — April 19, 2017 & May 3, 2017 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. TOWN BOARD MEETING-WORKSESSION AGENDA WEDNESDAY APRIL 5,2017- 5:OOPM MAMARONECK TOWN CENTER -CONFERENCE ROOM A 1. Update — Novus Agenda (No attachment— Please refer to e-mail sent to Town Board members on Thursday, March 3otn) 2. Leaf Blower Regulations (See attachment). 3. Discussion — NRG Power Curtailment Solutions (See attachment). 4. Update — Paving of Bonnie Briar Neighborhood (No attachment — The Town Board will be updated on the results of a meeting that will be held with representatives of the Bonnie Briar Association this Tuesday regarding the paving of the neighborhood). 5. Update — Town Center Parking Lot Project (See attachment). 6. New Business WORKSESSION ITEM 1 c. C! NO ATTACHMENT c WORKSESSION ITEM 2 C! March 12, 2017 Letter to Town of Mamaroneck Concerning Noise Rules for Leaf Blowers Dear Town of Mamaroneck Town Council: This letter is written to address noise and air pollution issues and suggests actions concerning the use of leaf blowers in the Town. Noise and Air Pollution Issues: Background The Town of Mamaroneck Sustainability Collaborative has conducted two charrettes over the last 2 years to ask Town residents which issues concerning sustainability, resiliency, and quality of life were most important. Several dozen potential issues were identified. At both charrettes, a strong majority of participants stated that noise particularly that generated by leaf blowers, was the number one issue they wish the Town would address. While this was certainly not a scientific poll, the fact that so many Town residents, given the choice of several dozen issues, chose noise as their most important one indicates that it is important. The Town Council should understand that the use of leaf blowers has significant health impacts as a result of the noise and air pollution this type of equipment emits at ground level. The Office of Noise Abatement & Control of the U.S. EPA in its analysis, "Noise: A Health Problem" concluded that "noise degrades quality of life by impairing communication and social interaction; reducing the accuracy of work, particularly complex tasks; and creating stressful levels of frustration and aggravation that last even when the noise has ceased." According to the U.S. EPA's website: "Studies have shown that there are direct links between noise and health. Problems related to noise include stress-related illness, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity." This can be a particular problem in the Town. While we are known as a "bedroom community", and most people commute into Manhattan, a significant number of people work from their homes, and are thus directly affected by noise from leaf blowers. A brief discussion about noise. The World Health Organization recommends general daytime outdoor noise level of 55 dBA or less. At 70 dBA, there is "a slight disturbance of normal conversation indoors ... and a significant disturbance of normal voice or relaxed conversation outdoors." Approximately 25% of the population will be highly annoyed." Decibels are measured on a logarithmic scale. 70 dB appears to be only a little noisier than 55 dB, but is reaff 8 times the noise. At 75 dB, hearing loss "may begin to occur in sensitive individuals. Some disturbance of normal conversation 1 March 12, 2017 indoors and very significant disturbance of normal voice or relaxed conversation outdoors. "Approximately 37% of the population will be highly annoyed." However, common leaf blowers routinely produce a noise level at 75 dB at a distance of about 50 yards based on a demonstration performed in the Town. Thus, reducing noise from a leaf blower from 75 decibels to the recommended level of 55 is not a reduction of 27% (55/75), but a 100 -fold decrease (2 orders of magnitude), and is necessary to meet WHO recommendations. In addition, leaf blowers affect the air quality of the Town. The USEPA reported that "in 2011, leaf blowers/vacuums, trimmers, edgers, and brush cutters accounted for 24-45% of all emissions of non -road gasoline -powered equipment, accounting for 43% of volatile organic compounds and 50% of fine particulate matter" (that gets past our defenses and can lodge in our lungs). That percentage is probably on the high side of the range in our Town given the lack of other sources of air pollution, such as industrial sources. June Kaminsky, MSN, PhD candidate published an article entitled "Leaf Blowers Threaten Health". In it she demonstrates the link between exposure to noise and the development and aggravation of medical conditions and diseases. Noise causes stress, and the body reacts with increased adrenaline, change in heart rate, and elevated blood pressure. Noise can aggravate adaptive diseases, including ulcers, asthma, high blood pressure, headaches and colitis. Noise can interfere with perception of speech and acquisition of speech, language, and related skills in children such as reading ability. Noise Ordinance on the Books Now that it is understood why leaf blowers are an important issue to the quality of life in the Town and perceived as important by involved citizens, let's look at some ways to improve the situation. Of course, the Town currently has an enforceable ordinance on the books concerning leaf blowers with noise in mind (Chapter 141). The current rule prohibits the use of gasoline -powered leaf blowers between June 1 and September 30. Those that use leaf blowers the most are workers from landscaping companies who use them to remove grass clippings and debris quickly ("time is money"). It has come to our attention that workers for many landscaping companies are using leaf blowers during the prohibited period. Town Police and code enforcement officers have issued tickets, but it appears that Town Justices are reducing or eliminating the fine for such violations. By doing so, the landscaping companies are continuing to use leaf blowers during this period and paying small fines that become part of "the cost of doing business" in the Town. Fine reduction is not benefiting the quality of life of the Town, and reducing potential Town revenue. The Sustainability Collaborative requests the Town Council consider several remedies. 2 March 12, 2017 Suggestions include a) raising the minimum fine to $150 for the first offense and establishing progressively higher, mandatory fines for repeat violators; b) placing the names of "repeat offender" landscaping firms on the TOM website; and c) establishing a "3 strikes and you're out" provision so that repeat offenders face a fundamental consequence to continued flouting of the Town law. Recommended New Law Concerninq Leaf Blowers The Sustainability Collaborative requests that the Town Council consider a second way to reduce noise from leaf blowers in the Town, and that is requiring decibel limits for leaf blowers used during the allowed period. There are leaf blowers available for sale that produce noise of 65 decibels or lower at 50 yards, as verified by established testing organizations. As mentioned earlier, typical leaf blowers are measured at 75 dBA or greater. Again, this difference is not trivial; a drop from 75 to 65 dBA represents a ten -fold reduction in noise. Our research has shown at least 3 different vendors that offer for sale a line of leaf blowers that do not exceed 65 dBA and are labelled thusly. Therefore, the Sustainability Collaborative recommends the Town pass a law mandating the use of leaf blowers during the allowed period that does not exceed 65 dBA, giving landscapers and others a reasonable amount of lead time to procure compliant equipment. Naturally, a question that comes up is how will the Town Police enforce such a law. Must Town Police carry a noise meter and be trained in its use? The answer is no. The Police could simply look for the label on the leaf blower observed to be operating. If the label stating that it meets 65 dBA or less is present on the unit, then the worker can keep on working. If no such label is on the equipment, then the appropriate person gets the ticket and is eligible for a fine. To make it easier to trace landscaping companies, the Sustainability Collaborative also recommends that all landscaping companies wishing to do business in the Town register with the Town for a reasonable fee. The Sustainability Collaborative believes that strengthening the enforcement of the existing noise law prohibiting the use of leaf blowers from June 1 through September 30 and enactment of an additional law, mandating the use only of 65 dBA or lower leaf blowers during the period when allowed, will improve the health, quality of life, and spirits of Town residents, businesses, and workers. 3 WORKSESSION ITEM 3 cw Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: 914/381-7810 FAX: 914/381-7809 townadministrator@townofrnamaroneck.org Memorandum To: Supervisor and Town Board Re: Authorization- NRG Power Curtailment Program Date: March 30, 2017 The Town has been evaluating participation in an electric power curtailment program. Briefly described the program is designed to have facilities that are major users of electric power shutdown all or part of a facility to reduce the overload of the regional electric grid during times of high demand. The purpose is to improve resiliency within the electric power grid to avoid brown outs and blackouts. In return for participating in the program annual payments are made to the owners of the facilities. In the Town of Mamaroneck the single largest user of power is the Hommocks Ice Rink. For that reason the rink would be the facility targeted in the program. When the electric grid is under stress an "emergency event" is called by the NYISO (New York Independent System Operator). NRG would notify the Town of Mamaroneck to prepare to implement the reduction protocol to remove the ice rink from the grid. If there is to be an emergency event, the Town would receive a standby notice the day before the event and two hour advance notice on the day of the event. The curtailment would generally be for between four and six hours. There are also two test events held each year. It is possible based upon the demand upon the electric grid, that the curtailment of power would not cover the entire facility. So for instance, a decision could be made to shut down certain components of the rink such as the air conditioners and/or the chillers but leave all of the lights operational. This would permit the rink to continue to function at some level. For participating in the program the Town would receive an annual payment of $15,000 regardless of whether a power reduction event is called. Should it be necessary to curtail power during an emergency event, an additional payment of $.30 per kilowatt hour would be made the Town. Attached is a package of information regarding the program including: ➢ An estimate of the annual payment rates that would be made to the Town for participating in the program ➢ A history of power reduction events in our area since 2010 ➢ A proposed agreement between the Town and NRG. The agreement includes a provision that allows the Town to leave the program on 45 days' notice. Also the agreement stipulates that there will be no financial penalties 4604 Printed on Recycled Paper should the Town decide not to reduce power on the day an event is called. However it is possible that failure to comply with the request could impact future payments or participation in the program. The program was reviewed with the Recreation Department and there appear to be no operational issues. There could actually be an advantage in that in the case of a brownout in the area shutting down the air conditioners and/or chillers could protect the equipment from serious damage. Several ice rinks in the metropolitan area are participating in the program including the Ice Hutch in Mt. Vernon. The revenue for the program might best be used to establish a capital reserve fund for the ice rink for future improvements and repairs. ACTION REQUESTED: THAT THE TOWN BOARD APPROVE THE AGREEMENT WITH NRG TO PARTICIPATE IN A POWER CURTAILMENT PROGRAM AND THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO EXECUTE THE AGREEMENT. tephen V. Altieri Town Administrator POWER PAY X 'DEMAND RESPONSE PROGRAM nrg.1 KEEPING THE LIGHTS ON BY TURNING THEM OFF, FOR ALL THAT POWERS YOU. Partner with NRG CS and NYISO to manage your energy goals and reduce your overall energy footprint. NRG Curtailment Solutions, Inc. (NRGCS) is a wholly owned subsidiary of NRG Energy, Inc., a Fortune 200 diversified energy company. We work with companies to identify prudent means to manage energy usage, without compromising the quality You wM aid In preventing roiling of your business objectives. brownouts and blackouts In the NYISCI Ourjob is to make participation in our PowerPay Demand Response (DR) Program market; so If called upon to curtail, as easy as possible, while maximizing customer program revenues. DR is an you wilibe required to meet the agreed effective response to the ongoing rise in energy consumption, as it allows grid upon commitments. To participate operators to respond to capacity or reserve shortfalls by reducing the demand in PowerPay, the expectations will be for electricity without the need to build additional generation. NRGCS tailors our as follows: PowerPay Program to the unique requirements of the customers' operation. I Load when notified 00000000*000000000 UF-ITAI At least 100kW • • • • • • • If needed, M A I N"l- A I I curtailment for several hours According to the New York State Energy Research and Development Authority (NYSERDA), three- quarters of the electric energy efficiency potential In New York State resides in the business and industry sector. The state is comprised of many fruitful factories, farms and other businesses that heavily rely on stable electricity usage. These are the businesses that we cater our program to. In 2003, during the hottest days of August, areas of the Northeast, Midwest and Canada experienced widespread power outages due to software failing to notify grid operators of imminent grid instability. We did not realize how much we depended on the grid until it collapsed. Imagine NYC without electricity... it happened; participating in our PowerPay Program can eliminate the future risk of problematic brownouts and blackouts like this again. NRGCS' PowerPay Program enables customers to not only save energy by reducing consumption during times of grid instability, butto work together with grid operators to avoid another major power What Happens During Emergency Events 1 NYISO experiences detrimental stress on the grid due to a high demand of energy consumption from consumers 2 An emergency event is called 3 NRGCS personally notifies you via text, phone call, or email 4 You implement your reduction strategy and participate accordingly 5. Get paid for your reduction If an event is not called during a participation season, a test may be called. Why Participate? The PowerPay Program enables you to make money from existing capabilities within your business. 'i You can re -invest the money you save on energy toward 4 improving the quality of your products and processes. Z< `, We provide superior energy management with 24/7/365 access to our Active Management Platform (AMP) that provides you with real-time access to monitor your energy consumption. NRG Curtailment Solutions. Inc. is a wholly owned subsidiary of NRG Energy. Inc. POWER PAY is a service mark of NRG Curtailment Solutions.lnc. NRG and the plus signs are registered service marks of NRG Energy. Inc.© 2017 NRG Energy, Inc. All rights reserved. nrg, Common Event Procedures Reduction Action Plan HVAC • Ten to fifteen minutes before the start of the event, shut off AC units completely or raise temperature points 5°F to 10°F in all air conditioned spaces and freezers. This will help keep the compressors off as long as possible during the event. • Similarly with chillers, pre -cool the building prior to the event by reducing chilled water temperatures 5°F to 10°F or as low as 38°F. Ten to fifteen minutes before the start of the event, turn off units completely or raise the chilled water temperature to 48°F. • Turn off as many air handling units/fans as possible or cycle them in a constant air volume system. Reduce fan VFDs (variable frequency drive) or DSP (duct static pressure) as much as possible in a variable air volume system. Also reduce VFDs on chilled water pumps, condenser pumps and cooling tower fans to minimize pumping and fan power. • Turnoff as many refrigeration compressors as possible and keep freezer/cooler doors shut for the duration of the event. Lighting • Turnoff as much lighting in offices as possible. Turnoff lighting in unoccupied areas and areas with natural light. • For any areas that cannot be shutdown fully, try reducing lighting by turning "off" every other row. Elevators If there is more than one elevator, post signs in front of extra elevators and ask that they not be used. Only take elevators offline in accordance with building and safety codes. Generator • If running a generator, make sure it's engaged fifteen minutes before the event start time and keep it operating fifteen minutes after the event end time. Make sure the generator is fully fueled and that the transfer switch is properly engaged for a successful Demand Response reduction. 1 Fe i r`,; pis repo", is -,r. sen.e a> 6 rcfere, c� guirlr j! , _ r y F,o c 1 r i r -;,;r taciIIty. Commonly Reduced Electrical Equipment Chiller System - Process/Comfort cooling Chill water pump Condenser pump Cooling tower Rooftop units Split units Fans Air handling units Personal computers Blowers Conveyor lines/Manufacturing lines Kitchen - Dishwasher/Freezer units Compressors Exhaust fans Pumps Hot water heater pumps Electric boiler Forklift charging stations Lighting Pool/Fountain pumps NRG Curtailment Solutions, Inc. is a wholly owned subsidiary of NRG Energy, Inc. NRG and the plus signs are registered service marks of NRG Energy. Inc.© 2017 NRG Energy. Inc. All rights reserved. Prepared For: Town of Mamaroneck Mamaroneck. NY Revenue Projection New York Territory Estimated Annual Payment Rates: NYISO SCR Summer Period - Capacity Payment Rate ($/MW) $9.750.00 NYISO SCR Winter Period - Capacity Payment Rate ($/MW) $5,250.00 Energy Payment Rate ($/M Wh) $300.00 Estimated Payments Based on Reductions Shown Below: P WERPAY`--qfor NewYDrk DEMAND RESPONSE PROGRAM NYISO Zone I South Region t There wi be a mandatory one hour Test event for troll the summerend wk Ca,,Wky Pe.Wd r z n r Cap" Payr—tIstheestknatedl erdlveyourecewefor standingbce ytoredelectrk W/whencatrdupan.Eor e 9 NY1505CR denundresporse VOWr theW-9 is Ease off NYtSUsngn0iyau 3 • Energy Payment isest—te J all based energyP kI V 6um9 xtW emerge -y NYI50 SCR &..W response e—,t cats. This prgectm is estimetirg a rate of S0.30/1,Whfar 20er-9 .ye—t hours. ICAP SCR nrg.1 New York Event HistoryZone -l 3/3/2015 Test 4:00 pm 5:00 pm 1 hr 8/27/2015 Test 4:00 pm 5:00 pm 1 hr 2015 Total Hours2 hr 1/7/2014 Voluntary 4:00 pm 10:00 pm 6 hr 2/20/2014 Test 6:00 pm 7:00 pm 1 hr 8/19/2014 Test 1:00 pm 2:00 pm 2014 Total Hours 1 hr 8 hr Date 2/14/2013 Event.- Test Start Time 5:00 pm End Time 6:00 pm Total Event Time 1 hr 7/15/2013 Emergency 1:00 pm 6:00 pm 5 hr 7/16/2013 Emergency 1:00 pm 6:00 pm 5 hr 7/17/2013 Emergency 1:00 pm 6:00 pm 5 hr 7/18/2013 Emergency 12:00 pm 6:00 pm 6 hr 7/19/2013 Emergency 12:00 pm 6:00 pm 6 hr 8/8/2013 Test 4:00 pm 5:00 pm 1 hr 2013 Total Hours demandresponse.nrg.com 11.877.711.5453 ICAP SCR New York Event History - Zone nrg.' Date 1/24/2012 Event Type Test Start Time End Time Total Event Time 3:00 pm 4:00 pm 1 hr 5/29/2012 Emergency 1:00 pm 6:00 pm 5 hr 6/20/2012 Emergency 2:00 pm 6:00 pm 4 hr 6/21/2012 Emergency 1:00 pm 6:00 pm 5 hr 6/22/2012 Emergency 1:00 pm 6:00 pm 5 hr 7/18/2012 Voluntary 2:00 pm 6:00 pm 4 hr 8/2/2012 Test 4:00 pm Total2012 5:00 pm 1 hr 25 hr 2/17/2010 Test 1:00 pm 8/3/2010 Test 1:00 pm demandresponse.nrg.com 11.877.711.5453 2:00 pm 1 hr 2:00 pm 1 hr 2 hr nr �`- 9 Company: Address: Contact Person: Tel # POWERPAY LIEM .[) FEbPUNEE pkncl tw ("We" or "Our") Utility Acct(s) #: City: Email: Fax # Zip: We hereby enroll in NRG Curtailment Solutions, Inc. (NRGCS) f/k/a Energy Curtailment Specialists, Inc.'s PowerPay! NY Program(s) and authorize NRGCS to be our Responsible Interface Party (RIP) and Demand Response Provider with the New York Independent System Operator (NYISO) as of the date of this Agreement. We will assist NRGCS by providing all of the information required for registration and event notification. It is within our authority to reduce electricity usage at our facilities. I. PowerPay! Program (NYISO SCR Program): We agree to reduce our electricity use when notified by NRGCS that NYISO has called an Emergency Event (Event) for our zone. This is a year-round program with summer (May -October) and winter (November -April) Capability Periods. There will be a mandatory one hour Test event for both the summer and winter Capability Periods. NRGCS receives a day -ahead notice of a called Event/Test and a day -of confirmation notice at least 2 hours prior to the start of the Event/Test. NRGCS will notify us as soon as practical after receiving notice from NYISO. We agree to begin curtailing at the time told to us by NRGCS. 1. Capacity Payment: We will receive $15,000.00 per MW annually ($15.00 per kW), broken down as follows: $9,750.00 per MW ($9.75 per kW) for summer and $5,250.00 per MW ($5.25 per kW) for winter. Payments are made twice a year, on or about November 30 (summer Capability Period); June 30 (winter Capability Period). Payments are capped at 65% of NYISO's monthly auction. 2. Energy Payment: We will receive $0.30 per kWh (for actual emergency events only) as an energy payment associated with our reduction, as submitted by NRGCS and received from NYISO. Payments are capped at 80% of revenues received from NYISO. H. General Terms: 1. If we are not interval metered by our utility, NRGCS will install an interval meter at no cost to measure our performance. The meter installed by NRGCS contains software proprietary to NRGCS and NRGCS grants us a license to use the software for as long as we are enrolled with NRGCS. We authorize NRGCS to request a billing interval meter at NRGCS' costs as necessary, and sign all authorizations necessary to this end on our behalf. 2. We will not be subject to out-of-pocket financial penalties by participating in this program, even if we fail to reduce electricity when called upon. If we do not successfully perform, our future participation rating with NYISO may be affected. 3. For each program individually, we will be paid based upon performance, measured as an average performance (capped at 100% per hour) over all Event and Test hours during the season. Participation and payments are based on the kW actually performed and raw declared kW values for which we are certified at NYISO, accounting for our performance/resource factor, as well as the clearing of our capacity in NYISO's auctions. NRGCS will in its discretion determine our declared kW reduction amount when registering us and may modify our declared reduction as conditions require. 4. NRGCS will determine in its discretion if we qualify for a program and whether we will be registered in the applicable program(s). If we enroll in the middle of a period, our payments will be pro -rated (we will be paid for every month that we are enrolled for). 5. In order to streamline the registration of our account(s), we authorize NRGCS to act as our agent to complete any documents required by the NYISO or a utility company in connection with our enrollment in NRGCS's demand response program. This includes a Third Party Authorization to allow our utility to release to NRGCS information such as billing records and meter usage data, and to allow NRGCS to complete any forms required to allow NRGCS to install an interval meter if eligible. Such authorization shall remain in effect for the duration of this Agreement. 6. We will immediately notify NRGCS if there is a change in our ability to reduce electricity usage by 30% or more. 7. We agree to participate for 5 years (10 Capability Periods in the NYISO program) (Term). We reserve the right to opt out of the program at any time with sixty (60) days written notice prior to the end of any Capability Period. Signature: Signed by NRGCS: Title: Date: Date: By checking this box, you agree that NRGCS may list the Customer's name and logo as a customer on NRGCS's website and include Customer's name and logo in various marketing materials. .�,; ¢a WORKSESSION ITEM 4 col 4w NO ATTACHMENT Pq WORKSESSION ITEM 5 • Town of Mamaroneck Town Center - 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: 914/381-7810 OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 townadministrator@townofinamaroneck.org Memorandum To: Supervisor & Town Board Re: Update — Town Center Parking Lot Project Date: March 31, 2017 If you have been by the Town Center lately, you will see that we have accomplished a great deal in completing the restoration of the parking lot. At of this date, the following activities have been accomplished: • The new sidewalk between Boston Post Road and the lower parking lot has been completed. • The new pavers installed around the rear of the building have been completed. • The new pavers at the front of the building are approximately 50% complete. • New curbing has been installed along the front of the building between the main entrance and the Courtroom entrance. • The new drainage vaults have been installed. • The regrading of the rear of the Town Center has been completed along with the new retaining walls. In terms of timing, the snow storm on March 14th has set the project back by about two weeks. However, the contractor has decided to work on most Saturdays to make up the time. Stephen V. Altieri Town Administrator ,�l WORKSESSION ITEM 6 P� NO ATTACHMENT (W PUBLIC HEARING #1 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Hall, in Mamaroneck, New York, in said Town, on April 5, 2017, at 8:00 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain estimate of cost, in relation to the proposed increase and improvement of the facilities of the Town of Mamaroneck Garbage District No. 1, in said Town, being the purchase of a new refuse collection vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $170,500. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, March 23, 2017. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk 161013941.01 PRESENT: PRESENT: Supervisor Nancy Seligson Councilman Ernest C. Odierna Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilman Thomas A. Murphy ABSENT: None 43235-2-56 At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York on March 15, 2017, at 8:00 o'clock P.M., Prevailing Time. In the Matter of ORDER The Increase and Improvement of the Facilities CALLING of the Town of Mamaroneck Garbage District PUBLIC No. 1, in the Town of Mamaroneck, HEARING Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York (the -2- "Garbage District"), being the purchase of a new refuse collection vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $170,500; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed, it has been determined will not result in a significant environmental effec; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Garbage District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A public hearing will be held in the Town Hall, in Mamaroneck, New York, in said Town, on April 5, 2017, at 8:00 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of the Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. -3- Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Supervisor Seligson Aye The Order was thereupon declared duly adopted. -4- Orrick April 4, 2017 51 west 52nd Street New Yori NY 10019.624: .1'1'SOo sn(1(` Douglas E. Goodfnend VIA E-MAIL (asiligato@townofmamaroneck.org) E dgoodfriends@orrick.com D +1 212 506 5212 F +1 212 506 5151 Mr. Anthony Siligato Town of Mamaroneck 740 West Boston Post Road Road Mamaroneck,New York 10543 Re: Town of Mamaroneck, Westchester County,New York Town of Mamaroneck Garbage District No. 1 Increase and Improvement of Facilities- $170,500 Bonds Orrick File: 43235-2-57 Dear Tony: Enclosed herewith please find the following for use after the public hearing. 1. Form of Order determining the project to be in the public interest; within ten days of adoption (by a simple majority vote) a certified copy should be recorded with the County Clerk. 2. Form of bond resolution for adoption by the affirmative vote of at least four of the five members of the Town Board. 3. Form for the publication of the Legal Notice of estoppel. When available please return the following: a) Certified copy of the Public Interest Order; b) Proof of recording of the Public Interest Order in the County Clerk's office; c) Certified copy of the Bond Resolution; d) Original printer's affidavit of publication of the Legal Notice of estoppel; e) Original printer's affidavit of publication of the Notice of Public Hearing. Mr. Anthony Siligato or r i c k April 4,2017 Page 2 f) Certified copy of the Order Calling the Public Hearing; and g) Affidavit of Posting of the Notice of Public Hearing. Please do not hesitate to call if you have any questions. With best wishes, Very truly yours, Douglas E. Goodfriend DEG/zmt Enclosures 161020108.01 161020108.01 43235-2-57 At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, i Maniar�neck, New York in said Town, on April 5, ,2017, at 8:00 o'clock P.M., Prevailing Time. PRESENT: / Supervisor / Councilman NZ Councilman Councilman Councilman In the Matter of The Increase and Improvement of Facilities PUBLIC INTEREST ORDER of Town of Mamaroneck Garbage District No. 1 in the Town of Mamaroneck, Westchester County,New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, being the purchase of a new refuse collection vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$170,500 and WHEREAS, at a meeting of said Town Board duly called and held on March 15, 2017, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Town of Mamaroneck Garbage District No. 1 in said Town at a maximum estimated cost of$170,500, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on April 5, 2017, at 8:00 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard;NOW,THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section I. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a new refuse collection vehicle, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$170,500. Section 2. This Order shall take effect immediately. -2- The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: VOTING VOTING • m . N ED BY VOTING =mammon. Millr-dda NEW' VOTING VOTING The Order was thereupon declared duly adopted. * * * * * -3- CERTIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF WESTCHESTER ) I, the undersigned Clerk of the Town of Mamaroneck, Westchester County, New York (the "Issuer"), DO HEREBY CERTIFY: 1. That a meeting of the Issuer was duly called, held and conducted on the 5th day of April, 2017. 2. That such meeting was a special regular (circle one) meeting. 3. That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting by the Board of the Issuer. 4. That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. 5. That all members of the Board of the Issuer had due notice of said meeting. 6. That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". 7. That notice of said meeting(the meeting at which the proceeding was adopted)was given PRIOR THERETO in the following manner: PUBLICATION(here insert newspaper(s)and date(s)of publication) POSTING(here insert place(s)and date(s)of posting) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this day of April, 2017. Town Clerk (CORPORATE SEAL) 161020108.01 43235-2-57 BOND RESOLUTION At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York, in said Town, on the 56 day of April, 2017, at 8:00 o'clock P.M., Prevailing Time. The meeting was called to order by , and upon roll being called,the following were PRESENT: ABSENT: The following resolution was offered by Councilman who moved its adoption, seconded by Councilman to-wit: BOND RESOLUTION DATED APRIL 5, 2017. A RESOLUTION AUTHORIZING THE ISSUANCE OF $170,500 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN OF MAMARONECK GARBAGE DISTRICT NO. 1, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County,New York, at a maximum estimated cost of$170,500; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined, as such, will not have any significant adverse effect on the environment NOW,THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of Town of Mamaroneck Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a new refuse collection vehicle, including incidental equipment and expenses in connection therewith, there are hereby authorized to be issued $170,500 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $170,500, which specific object or purpose is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $170,500 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Town of Mamaroneck Garbage District No. 1 as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. -2- Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, -3- and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. -4- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING MOTI• g • •d PAX ATif • VOTING VOTING VOTING The resolution was thereupon declared duly adopted. * * * * * * -5- CERTIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF WESTCHESTER ) I, the undersigned Clerk of the Town of Mamaroneck, Westchester County, New York (the "Issuer"), DO HEREBY CERTIFY: 1. That a meeting of the Issuer was duly called, held and conducted on the 5th day of April, 2017. 2. That such meeting was a special regular (circle one) meeting. 3. That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting by the Board of the Issuer. 4. That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. 5. That all members of the Board of the Issuer had due notice of said meeting. 6. That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". 7. That notice of said meeting(the meeting at which the proceeding was adopted)was given PRIOR THERETO in the following manner: PUBLICATION(here insert newspaper(s)and date(s)of publication) POSTING(here insert place(s)and date(s)of posting) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this day of April, 2017. Town Clerk (CORPORATE SEAL) LEGAL NOTICE OF ESTOPPEL The bond resolution, a summary of which is published herewith, has been adopted on April 5, 2017, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Mamaroneck, Westchester County, New York. is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. A complete copy of the resolution summarized herewith is available for public inspection during regular business hours at the Office of the Town Clerk for a period of twenty days from the date of publication of this Notice. Dated: Mamaroneck, New York, April , 2017. Town Clerk BOND RESOLUTION DATED APRIL 5, 2017. A RESOLUTION AUTHORIZING THE ISSUANCE OF $170,500 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN OF MAMARONECK GARBAGE DISTRICT NO. 1, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. Specific object or purpose: Increase/improvement of the Town of Mamaroneck Garbage District No. 1 (purchase of refuse truck) Period of probable usefulness: 15 years Maximum estimated cost: $170,500 Amount of obligations to be issued: $170,500 bonds SEQRA status: Type II Action (W PUBLIC HEARING #z NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet in the Town Hall, in Mamaroneck, New York, in said Town, on April 5, 2017, at 8:00 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report, including an estimate of cost, in relation to the proposed increase and improvement of the facilities of Consolidated Water District, in said Town, being the construction of improvements to the water supply, storage and distribution system, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,125,225. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, March 23, 2017. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK Christina Battalia Town Clerk -2- 751734518.01 PRESENT: PRESENT: Supervisor Nancy Seligson Councilman Ernest C. Odierna Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilman Thomas A. Murphy ABSENT: None G 43235-2-57 At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York on March 15, 2017, at 8:00 o'clock P.M., Prevailing Time. In the Matter of ORDER The Increase and Improvement of the Facilities CALLING of Consolidated Water District, in the Town of PUBLIC Mamaroneck, Westchester County, New York HEARING WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Consolidated Water District, in the Town of Mamaroneck, Westchester County, New York (the "Consolidated Water District"), being the construction of improvements to the water supply, storage and distribution system, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,125,225; and -2- -3 - WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed, it has been determined will not result in a significant environmental adverse effect; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Consolidated Water District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A public hearing will be held in the Town Hall, in Mamaroneck, New York, in said Town, on April 5, 2017, at 8:00 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Consolidated Water District, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. -3- -4- 0 Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: Councilman Murphy Aye Councilwoman Elkind Eney Aye Councilwoman Katz Aye Councilman Odierna Aye Supervisor Seligson Aye The Order was thereupon declared duly adopted. -4- orrick April 4, 2017 S I West`.;ncuret New Vo,k NI 10019-E142 t-2 506-.0.'.. Douglas E.Goodfriend VIA E-MAIL(asiligato@townofmamaroneck.org) E dgoodfriends@orrick.com D +1 212 506 5212 F +1 212 506 5151 Mr. Anthony Siligato Town of Mamaroneck 740 West Boston Post Road Road Mamaroneck,New York 10543 Re: Town of Mamaroneck, Westchester County,New York Town of Mamaroneck Consolidated Water District Increase and Improvement of Facilities - $1,125,225 Bonds Orrick File: 43235-2-57 Dear Tony: Enclosed herewith please find the following for use after the public hearing. 1. Form of Order determining the project to be in the public interest; within ten days of adoption (by a simple majority vote) a certified copy should be recorded with the County Clerk. 2. Form of bond resolution for adoption by the affirmative vote of at least four of the five members of the Town Board. 3. Form for the publication of the Legal Notice of estoppel. When available please return the following: a) Certified copy of the Public Interest Order; b) Proof of recording of the Public Interest Order in the County Clerk's office; c) Certified copy of the Bond Resolution; d) Original printer's affidavit of publication of the Legal Notice of estoppel; e) Original printer's affidavit of publication of the Notice of Public Hearing. C) Mr. Anthony Siligato or r i c k April 4, 2017 Page 2 f) Certified copy of the Order Calling the Public Hearing; and g) Affidavit of Posting of the Notice of Public Hearing. Please do not hesitate to call if you have any questions. With best wishes, Very truly yours, Douglas E. Goodfriend DEG/zmt Enclosures 766723430.01 766723430.01 43235-2-57 At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York in said Town, on April 5, 2017, at 8:00 o'clock P.M., Prevailing Time. PRESENT: Supervisor Councilman Councilman Councilman Councilman In the Matter of The Increase and Improvement of Facilities PUBLIC INTEREST ORDER of Town of Mamaroneck Consolidated Water District in the Town of Mamaroneck, Westchester County,New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of Town of Mamaroneck Consolidated Water District, in the Town of Mamaroneck, Westchester County, New York, being the construction of improvements to the water supply, storage and distribution system, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of$1,125,225 and WHEREAS, at a meeting of said Town Board duly called and held on March 15, 2017, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Town of Mamaroneck Consolidated Water District in said Town at a maximum estimated cost of$1,125,225, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck, New York, in said Town, on April 5, 2017, at 8:00 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard;NOW,THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Town of Mamaroneck Consolidated Water District, in the Town of Mamaroneck, Westchester County, New York, consisting of the construction of improvements to the water supply, storage and distribution system, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of$1,125,225. Section 2. This Order shall take effect immediately. -2- The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: VOTING VOTING MOTION OPAIIIMICEs' II V A TING lierinraln0M. VOTING VOTING The Order was thereupon declared duly adopted. * * * * * CERTIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF WESTCHESTER ) I, the undersigned Clerk of the Town of Mamaroneck, Westchester County, New York (the "Issuer"), DO HEREBY CERTIFY: 1. That a meeting of the Issuer was duly called, held and conducted on the 5th day of April, 2017. 2. That such meeting was a special regular (circle one) meeting. 3. That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting by the Board of the Issuer. 4. That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. 5. That all members of the Board of the Issuer had due notice of said meeting. 6. That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". 7. That notice of said meeting(the meeting at which the proceeding was adopted) was given PRIOR THERETO in the following manner: PUBLICATION(here insert newspaper(s)and date(s)of publication) POSTING(here insert place(s)and date(s)of posting) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this day of April,2017. Town Clerk (CORPORATE SEAL) 766723430.01 43235-2-57 BOND RESOLUTION At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York, in said Town, on the 5th day of April, 2017, at 8:00 o'clock P.M., Prevailing Time. The meeting was called to order by , and upon roll being called, the following were PRESENT: ABSENT: The following resolution was offered by Councilman who moved its adoption, seconded by Councilman to-wit: BOND RESOLUTION DATED APRIL 5, 2017. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,125,225 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN OF MAMARONECK CONSOLIDATED WATER DISTRICT, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY,NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Town of Mamaroneck Consolidated Water District, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of$1,125,225; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined, as such, will not have any significant adverse effect on the environment NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the increase and improvement of Town of Mamaroneck Consolidated Water District, in the Town of Mamaroneck, Westchester County, New York, consisting of the construction of improvements to the water supply, storage and distribution system, including incidental improvements and expenses in connection therewith, there are hereby authorized to be issued $1,125,225 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $1,125,225, which class of object or purposes is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $1,125,225 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 40 years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Town of Mamaroneck Consolidated Water District as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. -2- Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, -3- and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call,which resulted as follows: : VOTIMA OT NG VOTING VOTING VOTING -4- The resolution was thereupon declared duly adopted. * * * * * * -5- CERTIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) I,the undersigned Clerk of the Town of Mamaroneck, Westchester County,New York (the "Issuer"), DO HEREBY CERTIFY: 1. That a meeting of the Issuer was duly called, held and conducted on the 5th day of April, 2017. 2. That such meeting was a special regular (circle one) meeting. 3. That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting by the Board of the Issuer. 4. That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. 5. That all members of the Board of the Issuer had due notice of said meeting. 6. That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". 7. That notice of said meeting(the meeting at which the proceeding was adopted)was given PRIOR THERETO in the following manner: PUBLICATION(here insert newspaper(s)and date(s)of publication) POSTING(here insert place(s)and date(s)of posting) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this day of April, 2017. Town Clerk (CORPORATE SEAL) LEGAL NOTICE OF ESTOPPEL The bond resolution, a summary of which is published herewith, has been adopted on April 5, 2017, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Mamaroneck, Westchester County, New York, is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. A complete copy of the resolution summarized herewith is available for public inspection during regular business hours at the Office of the Town Clerk for a period of twenty days from the date of publication of this Notice. Dated: Mamaroneck,New York, April , 2017. Town Clerk BOND RESOLUTION DATED APRIL 5, 2017. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,125,225 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN OF MAMARONECK CONSOLIDATED WATER DISTRICT, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY,NEW YORK. Class of objects or purposes: Increase/improvement of the Town of Mamaroneck Consolidated Water District (construction of improvements to the water supply, storage and distribution system) Period of probable usefulness: 40 years Maximum estimated cost: $1,125,225 Amount of obligations to be issued: $1,125,225 bonds SEQRA status: Type II Action 4w FIRE COMMISSION ITEM 1 c. Town of Mamaroneck From: Tony Siligato - Town Comptroller c Re: Fire Claims Date: April 5, 2017 The following Town of Mamaroneck Fire Department claims have been certified by Chief Paul Tortorella and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION AMOUNT AAA Emergency Supply Co. Air compressor Sys service, Rescue Punch, Fire Extingusher inspection $ 361.50 AT & T Mobility Wireless Service for 2/12/17 - 3/11/17 $ 362.34 Byram Mason Supply Corp Chloride Pellets $ 151.60 Cablevision Cable Services 3/23-4/22/17 $ 212.70 CIT Xerox Copier contract service 3/22/17 $ 261.56 Chatsworth Cleaners Uniform Cleaning 3/24/17 $ 44.54 Grainger Building Supplies $ 49.44 Gasaway Consulting Group Presentation on situational awareness $ 1,995.00 Home Depot Building Supplies $ 237.72 Larry Sprovieri Plumbing Plumbing work on sewage system $ 495.00 Ready Refresh Rental of Water Coolers at FD HQ 2/19 - 3/18/17 $ 114.96 SG Fire protection Kitchen hood cleaning 3/8/17 $ 350.00 Town of Mam'k PFFA Life Insurance for Career Staff for the Months of February & March 2017 $ 377.28 UniFirst Corporation Cleaning supplies for building 2/24, 3/3, 3/10, 3/24/17 $ 267.77 United Overhead Door Corp. Repair on overhead door 3/20/17 $ 523.53 Verizon Fire HQ service 3/10-4/9/17 $ 239.06 Villa Maria Pizza Food for Fast Drill 3/22/17 $ 61.17 Westch Joint Water Works 205 Weaver St. Charges 1/25 -2/25/17 $ 153.27 Total: S 6,258.44 c. FIRE COMMISSION ITEM 2 �i 0 ' Town of Mamaroneck Town Center r 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Stephen Altieri, Town Administrator Nancy Seligson, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Assistant Town Administrator DATE: March 30, 2017 TEL: 914/381-7810 FAX: 914/381-7809 townad m in istratorQ townofmamaroneck.org www.townofmamaroneck.org SUBJECT: Town of Mamaroneck Fire District #1 & Local 898 of the International Association of Firefighters - Stipulation of Agreement Authorization is requested to approve the enclosed Local 898 of the International Association of Firefighters - Stipulation of Settlement which has been ratified by the union members. The Agreement covers the period January 1, 2016 through December 31, 2019. As indicated in the Stipulation of Settlement it is agreed that Section 30 — Wages and Longevity is to be amended to reflect $42,000; the starting salary of a Firefighter (previously $37,000) and the annual percentage increases for the four-year period of the Agreement as follows: 2016-1.65% 2017-1.75% 2018-1.75% 2019-2.00% All other terms stipulated in the Firefighter's Agreement that expired on December 31, 2015 will remain in effect. ACTION REQUESTED: That the Town Board approve the Stipulation of Agreement between the Town of Mamaroneck and the Town of Mamaroneck Fire District #1 & Local 898 of the International Association of Firefighters for the period for the period January 1, 2016 through December 31, 2019 and authorize the Town Administrator to execute the Agreement. `,* Printed on Recycled Paper Stipulation of Settlement between the Town of Mamaroneck and Local 898 of the International Association of Firefighters This stipulation of Agreement is made and entered into this 10th day of March 2017 by and between the negotiating committees of the Town of Mamaroneck Fire District #1 and Local 898 of the International Association of Firefighters. Whereas, the parties have engaged in negotiations in good faith in an effort to arrive at a successor agreement to a contract that expired December 31, 2015 and Whereas the parties have arrived at a tentative agreement Now, therefore, in consideration of the mutual covenants contained herein, the parties hereby stipulate and agree as follows: 1. The provisions of this stipulation are subject to ratification by the respective parties to the contract. 2. The respective negotiating committees agree to recommend this stipulation for ratification. 3. A copy of this original document has been furnished to representatives of both parties. 4. All proposals not covered herein during the course of negotiations shall be deemed withdrawn. 5. The provisions of the prior contract shall be carried forward except as modified herein. 6. Unless otherwise noted all dates involving the duration of the agreement shall conform to the duration of the negotiated agreement. 7. Section 30- Wages and Longevity 30.1- The following annual salary structure shall apply to the Fire Department firefighters: 1/1/2016-12/31/2019 Starting Firefighter $42,000 1116 1117 1118 1119 1.65% 1.75% 1.75% 2.0% 1 Grade $92,665 $94,287 $95,937 $97,856 Firefighter Lieutenant 105 907 107 760 109,646 $111,839 8. Section 37 -Term of A_qrgement This agreement shall be for a term of four (4) years commencing: January 1, 2016 through December 31, 2019 T77z;;7-c�- Sfekhen V. Altieri Connie Green O'Donnell Christ4fi-er DI) M!el�!�s Brady I ith Napolitano c FIRE COMMISSION ITEM 3 TOWN OF MAMARONECK FIRE DEPARTMENT OFFICE OF THE CHIEF .‘cimi(� Headquarters 205 WEAVER STREET LARCH MONT,NEW YORK 10538 WEAVER 834-2100 EMERGENCY 834-2101-NON EMERGENCY 834-2438 CHIEF'S OFFICE STREET 834-0922-FAX WWW.TMFD.ORG Zito tine2oN To: Board of Fire Commissioners From: Chief Paul Tortorella Date: April 1, 2017 Re: Fire Report for the Month of March 2017 The following report outlines response to calls made during the month of March 2017. It summarizes the nature, the number of personnel responding and the total time spent. I have also attached a report showing a further breakdown of these alarms. Alarm Type Number Generals 30 Minors 24 Stills 8 Out of Town(Mutual Aid) 7 EMS 46 Drills 4 TOTAL 1 19 Total number of personnel responding: 737 Total time working: 56 hours and 47 minutes Respectfully Submitted, Chief Paul Tortorella I Incident Type Count Report Date Range: From 3/1/2017 To 3/31/2017 Selected Station(s): All Incident Type Description Count Station: EMS 321 -EMS call,excluding vehicle accident with injury 46 40.00% Total-Rescue& Emergency Medical Service Incidents 46 100.00% Total for Station 46 40.00% Station; HO 130-Mobile property(vehicle)fire,other 1 0.87% Total-Fires 1 1.79% 200-Overpressure rupture,explosion,overheat other Total-Overpressure Rupture,Explosion,Overheat-no fire 1 1.79% 311 -Medical assist,assist EMS crew I 0.87% 321 F-EMS call,excluding vehicle accident with injury l 0.87% 322F-Vehicle accident with injuries 2 1.74% 324E-Motor vehicle accident with no injuries 1 0.87% 331F-Lock-in(if lock out,use 511 ) 2 1.74% Total-Rescue&Emergency Medical Service Incidents 7 12.50% 411 -Gasoline or other flammable liquid spill l 0.87% 412-Gas leak(natural gas or LPG) 3 2.61% 440-Electrical wiring/equipment problem,other 2 1.74% 444-Power line down 1 0.87% 445-Arcing,shorted electrical equipment I 0.87% Total-Hazardous Conditions(No fire) 8 14.29% 500-Service Call,other 2 1.74% 511 -Lock-out I 0.87% 520-Water problem,other I 0.87% 531 -Smoke or odor removal 2 1.74% Total-Service Call 6 10.71% 600-Good intent call,other 2 1.74% 611 -Dispatched&cancelled en route 1 0.87% 622-No incident found on arrival at dispatch address 2 1.74% 651 -Smoke scare,odor of smoke 2 1.74% Total-Good Intent Call 7 12.50% 700-False alarm or false call,other I 0.87% 733-Smoke detector activation due to malfunction 2 1.74% 736-CO detector activation due to malfunction 3 2.61% 740-Unintentional transmission of alarm,other I 0.87% 743-Smoke detector activation,no fire-unintentional 6 5.22% 745-Alarm system sounded,no fire-unintentional 11 9.57% 746-Carbon monoxide detector activation,no CO 2 1.74% Total-Fals Alarm& False Call 26 46.43% Total for Station 56 48.70% Station: STIL Page 1 of 2 Printed 04/01/2017 09:32:35 s' Incident Type Description Count Station: STIL-(Continuedl 321 -EMS call,excluding vehicle accident with injury 3 2.61% Total-Rescue& Emergency Medical Service Incidents 3 23.08% 531 -Smoke or odor removal 5 4.35% Total-Service Call 5 38.46% 611 -Dispatched&cancelled en route 2 1.74% Total-Good Intent Call 2 15.38% 900-Special type of incident,other 3 2.61% Total-Special Incident Type 3 23.08% Total for Station 13 11.30% 115 100.00% Page 2 of 2 Panted 04/01/2017 09:32:45 AFFAIRS OF THE TOWN ITEM 1 • Town of Mamaroneck A County of Westchester 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 W MakerJr@TownofMamaroneckNY.org MEMORANDUM To: Stephen V. Altieri, Town Administrator From: William Maker, Jr., Attorney for the Town Subject: License Agreement Date: March 24, 2017 As part of Winged Foot's application to improve housing for its employees and the swimming pool for its members, Winged Foot installed a storm water maintenance facility. The Town required Winged Foot to grant it a license to allow it to service that facility in case Winged Foot does not. I attach the Stormwater Control Facilities Maintenance and License Agreement that the attorneys for Winged Foot drafted and which I reviewed with the assistance of the Town's consulting engineer. I recommend that the Town Board resolve to authorize you to sign the Agreement on behalf of the Town. STORMWATER CONTROL FACILITIES MAINTENANCE AND LICENSE AGREEMENT Section 003 Block 047 Lot 1../1 Town of Mamaroneck County of Westchester State of New York Record and return to: Town Attorney Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Attn: William Maker, Jr., Esq. STORMWATER CONTROL FACILITIES MAINTENANCE AND LICENSE AGREEMENT WHEREAS, the Town of Mamaroneck (the "Town") and, Winged Foot Holdings Corp ("WFHC") and Winged Foot Golf Club ("WFGC" and with WFHC the "Property Owner") want to enter into an agreement to provide for the long term maintenance and continuation of stormwater control measures approved by the Town for the below named project, located on property known as the Winged Foot Golf Course located in the Town of Mamaroneck, County of Westchester, State of New York; and WHEREAS, the Town and the Property Owner desire that the stormwater control measures be built in accordance with the approved project plans and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore, the Town and the Property Owner agree as follows: 1. This agreement binds the Town and the Property Owner, its successors and assigns, to the maintenance provisions associated with the Stormwater Control Facilities depicted on Parking Lot and Staff Housing Improvement Plans, dated (last revised) February 18, 2014 • Cover Sheet • Sheet 1/14 Overall Existing Conditions Plan • Sheet 2/14 Overall Proposed Site Plan • Sheet 3/14 Enlarged Site Plan • Sheet 4/14 Enlarged Grading, Drainage and Sewer Plan • Sheet 5/14 Enlarged Utility Plan • Sheet 6/14 Enlarged Sediment & Erosion Control Plan • Sheet 7/14 Enlarged Landscaping Plan • Sheet 8/14 Enlarged Photometric Lighting Plan • Sheet 9/14 Driveway Profile and Details • Sheet 10, 11, 12, 13, 14/14 Details Stormwater Pollution Prevention Plan Report for Winged Foot Golf Club Staff Housing Complex and Employee Parking Area Improvements dated (last revised) February 2014. Pool House Improvement Plans, dated (last revised) November 26, 2012 • Sheet C 1.00 Existing Conditions Plan • Sheet C2.00 Demolition Plan • Sheet C3.00 Pool House Layout Plan • Sheet C3.01 Overall Pool House Grading and Stormwater Management Plan • Sheet C3.02 Enlarged Pool House Grading and Stormwater Management Plan • Sheet C3.03 Enlarged Pool House Utility Plan • Sheet C3.04 Enlarged Pool House Erosion and Sediment Control Plan • Sheet C4.00 Enlarged Pool House Landscape Plan • Sheet C5.00 Details • Sheet C5.01 Details • Sheet C5.02 Details • Sheet C5.03 Erosion and Sediment Control Notes/Details • Sheet 1/2 Pre Development Hydrology Plan • Sheet 2/2 Post Development Hydrology Plan Stormwater Pollution Prevention Plan Report for Winged Foot Golf Club Pool Area Improvements, dated (last revised) November 2012. All plans are prepared by Kellard Sessions Consulting, P.C., and as described in a document entitled. 2. The Property Owner shall maintain, clean, repair and continue the Stormwater Control Facility measures depicted in Schedule A as necessary to ensure optimum performance of the measures to design specifications. 3. This Agreement shall run with the land shall be binding on the successors and assigns of the Property Owner. In the event that the property is conveyed to another party or parties, the subsequent owner or owners shall, as a result of such conveyance, assume all responsibility for performing the maintenance referred to in Paragraph 2 above, and for any other costs associated with using, maintaining and replacing the Stormwater Control Facilities to be located on the property. The conveyance of the property shall unconditionally release the party conveying any such land from obligations contained herein, unless provided for otherwise in a contract of sale or agreement between the parties to any such conveyance. 4. The Property Owner shall be responsible for all expenses related to the maintenance of the stormwater control facilities. 5. The Property Owner shall provide for the periodic inspection of the stormwater control measures, not Iess than once in every five (5) year period, to determine the condition and integrity of the measures. Such inspection shall be performed by a Professional Engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Town within 30 days of the inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the stormwater control measures. 2 6. The Property Owner shall not authorize, undertake or permit alternation, abandonment, modification or discontinuation of the Stormwater Control Facilities, without approval of the Town. 7. The Property Owner shall undertake necessary repairs and/or replacement of the stormwater control measures to ensure performance of the Stormwater Control Facilities. 8. This Agreement shall be recorded in the Office of the County Clerk of Westchester to the extent accepted by the Clerk. This Agreement shall also be on file in the Town Clerk's Office and the Building Department of the Town of Mamaroneck. 9. (a) The Town shall have the right, at reasonable times and upon reasonable prior notice to the Property Owner, to enter upon the property for the purpose of performing an inspection and determining whether the Stormwater Control Facilities are being maintained in proper working condition in accordance with the terms hereof, and the Town is hereby granted a license over the property for the purpose of performing such inspection(s). (b) In the event that the Town, determines that the Property Owner has failed to construct or maintain the Stormwater Control Facilities in accordance with the approved project plans and the program, or has failed to undertake corrective actions specified by the Town or by the Inspecting Engineer or has placed any building, structure, wall or other fixture within the Stormwater Control Facilities, other than those items specified in paragraph 1 or Schedule A, (Prohibited Objects) the Town, after giving the Property Owner ten (10) business days' notice, shall have the right but not the obligation to enter upon the Property Owner's Property to construct or maintain the Stormwater Control Facilities in accordance with the approved project plans and the program, or undertake corrective actions specified by the Town or by the Inspecting Engineer, or remove any Prohibited Object. The Property Owner shall reimburse the Town for all of the "soft" and "hard" costs of doing the aforementioned work, including the pro-rated portion of the salaries (including overtime) of Town employees who perform or supervise all or some of the work. If not paid, the Town shall have the right to add that cost to the Tax imposed by the Town on the Property Owners' Property. In addition, the Owners shall reimburse the Town for any costs the Town incurs in attempting to collect the cost of fixing the damage (e.g. reasonable attorney's fees, fees paid to a collection agency, court costs, etc.). If not paid, the Town shall have the right to add such collection costs to the Tax (as defined in section 102 (20) of the New York Real Property Tax Law) imposed by the Town on the Owners' Property. (c) The Town may delegate the rights granted to it in this agreement; provided that the entity to which the delegation is made agrees to comply with the obligations imposed upon 3 the Town hereunder and provided further that the Town continues to be responsible to perform those obligations if that entity fails to do so 10. The agreement is effective as of the date of execution by both of the parties hereto. Town of Mamaroneck Foot Golf Club, Inc. Winged Foot Holding Corp. 4 State of - ' ) ss.: County of Q S On the �9 , ., day of Zjn%�(, ,gQI& in the year 2016 before me, the undersigned, personally appeared [!,Q" -: &iA� k., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upo Itchalf f which the individuals) acted, executed the instrument. (signaWe and office 6f individual taki6e acknowledgment) TRINA ELAINE THREASH WILEY Notary TH6289 85 York QU&wd III Wesbohe W My corrlr *81on EXPIM 10Rf20Cotmt� 7 State of - rpss.: County of - -r eliver S On the, day of � in the year 2016 before me, the undersigned, personally appeared ZfX 0Xh T. 14! personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and th by his/her/their signature(s) on the instrument, the individual(s), or the persA upon beh of hich the individual(s) acted, executed the instrument. cnr to%y/joaa State of ss.: County of ) JAMES D ROMANEK MY COMMISSION # 0(3040299 EXPIRES October 19, 2020 On the day of in the year 2016 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. signature And ottice ot individ–u-al taking acknowledgment) SCHEDULE A POST -CONSTRUCTION STORMWATER FACILITY INSPECTION AND MAINTENANCE PRO— GRAM General The "Enlarged Grading, Drainage and Sewer Plan" (Sheet 4/14), `Enlarged Sediment & Erosion Control Plan" (Sheet 6/14) and "Details"(Sheet 10/14, 11/14, Sheet 12/14, Sheet 13/14 and Sheet 14/14) for the Parking Lot and Staff Housing Improvements and the `Enlarged Pool House Grading and Stormwater Management Plan" (Sheet C3.02), "Enlarged Pool House Erosion and Sediment Control Plan" (Sheet C3.04), "Details" (Sheets C5.00, C5.01 and C5.02) and "Erosion and Sediment Control Notes/Details" (Sheet C5.03) for the Pool House Improvements are integral components of the post - construction stormwater facility inspection and maintenance program. The owner, its successors and/or assigns shall completely familiarize themselves with the plans, details and notes. The drainage collection system, rain garden, permeable pavers, hydrodynamic separator, underground detention system and their related appurtenances shall be collectively referred to herein as the "stormwater facilities." The owner, its successors and/or assigns shall be responsible for the ongoing inspection and maintenance of the stormwater facilities. The purpose of the inspection/maintenance program is to provide basic instructions to the owner as to the proper inspection and maintenance of the stormwater facilities and related appurtenances and to help the owner identify if these facilities are not performing properly. The applicant must execute a maintenance license agreement that shall be binding on all subsequent land owners served by the stormwater management facilities. The license shall provide for access to the facility at reasonable times for periodic inspection by the Town of Mamaroneck to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by the Town. The license shall be recorded by the grantor in the office of the County Clerk and Town Clerk after approval by the Town Attorney for the Town of Mamaroneck. Inspection and Maintenance of Permanent Drainage Systems and BMPs 1. General Stormwater Facilities (i.e., drain inlets, channel drains, permeable Pavers, rain gardens and rip -rap outlets) These stormwater facilities shall be inspected weekly for the first three (3) months following the completion of construction. Thereafter, these facilities shall be inspected at a minimum quarterly, and always immediately following a rain event. Upon inspection, facilities shall be immediately maintained and/or cleaned as may be required. Any site areas exhibiting soil erosion of any kind shall be immediately restored and stabilized with vegetation, mulch or rip -rap stone, depending on the area to be stabilized. Upon each inspection, all visible debris including, but not limited to, twigs, leaf and forest litter shall be removed from discharge points and frames and grates of drainage structures. 2. Vegetated Areas The established lawn areas within swales and rain gardens shall be mowed regularly. Any debris, litter or fallen trees/shrubs shall be removed from the area at the time of each mowing, unless such debris 6 impedes the proper flow of water, in which case all debris shall be immediately removed upon inspection. All visible accumulated sediments shall be removed when sediments become clearly visible. Special care shall be taken when removing sediment so as not to disrupt the intended finished grades within the swales and rain gardens. 3. Drain Inlets All drain inlets have been designed with sumps to trap sediment prior to its transport downstream. These sumps will require periodic inspection and maintenance to ensure that adequate depth is maintained within the sumps. All sumps shall be inspected once per month for the first three (3) months (after drainage system has been put into service). Thereafter, all sumps shall be inspected every four (4) months (i.e., production of 1/2 inch of rainfall or greater). The owner shall take measurements of the sump depth. If sediment has accumulated to one-half the depth of the sump, all sediment shall be removed from the sump. Sediments can be removed from the sumps with hand -labor or with a vacuum device. 4. Underground Detention System and Outlet Structure The underground piped detention system and outlet structure have been designed with access manways to provide a means of periodic inspection and maintenance to ensure that storage capacity is maintained within the system and the outlet functions as designed. The system shall be inspected annually. Sediment accumulation shall be cleaned from the piped system once a depth of six (6) inches has been reached. Once sediment has accumulated to one-half the depth of the sump in the outlet structure, it shall be removed. Sediments can be removed from the sump with hand labor or with a vacuum device. The outlet structure should be inspected quarterly for any structural deficiencies or blockages in the discharge point. Any defects or blockage shall be repaired/cleared as soon as practicable. Entry to the detention system must be done in accordance with OSHA regulations for confined space entry. 5. Downstream Defender Water Quality Structures The Downstream Defender is a high performance hydrodynamic separator that is a highly effective means for the removal of sediment, floating debris and free -oil. The Downstream Defender chamber can be inspected and maintained completely from the surface elevation. The unit shall be inspected quarterly for the first year of operation and semi-annual for subsequent years. Free-floating oil and flotable debris shall be observed, maintained and removed through the manhole access provided directly over the swirl chamber. The cleanout of accumulated sediment shall be performed when the sediment is within 30 to 36 inches of the water surface. The depth of the sediment shall be measured by the use of a stadia rod or a measurement tape. The sediment and debris can be removed with hand labor or with a vacuum device. 7 AFFAIRS OF THE TOWN ITEM 2 c (W NO ATTACHMENT c c. AFFAIRS OF THE TOWN ITEM 3 r ' = Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Stephen Altieri, Town Administrator Nancy Seligson, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Assistant Town Administrator DATE: March 31, 2017 SUBJECT: Environmental Planner TEL: 914/381-7810 FAX: 914/381-7809 townadministrator@townofmamaroneck.org www.townofmamaroneck.org As previously discussed, the job responsibilities assigned to Elizabeth Paul have been re- evaluated. In order to improve the efficiencies of the Conservation Department the erosion control and fresh water wetlands inspections are being removed and will be performed by the Building Department staff. Ms. Paul will assume planning related activities that include the drafting and review of proposed land use legislation, formulating planning reports and other planning tasks as assigned. In addition, onsite visits that relate to specific planning projects will be incorporated into her position. Ms. Paul will continue to manage and update the GIS system, as well as oversee the Town's conservation areas. The Conservation Crew, which is responsible for the maintenance and care of the conservation areas in the summer months, will continue to report directly to her. In addition, she will continue to prepare the annual MS4 Stormwater Report for submission to the New York State Department of Environmental Conservation and enforce the Town's tree ordinance. Also, she would continue to attend Planning Board and Coastal Zone Management Commission (CZMC) meetings. Based on Ms. Paul's assuming the planning related activities, it is being recommended that the Town Board authorize a salary increase. Currently her annual salary is $65,288, plus a stipend of $1,680 for attending Planning Board and CZMC meetings. It is recommended that her salary be increased to $76,968, inclusive of compensation for attendance at meetings. If approved the increase would become effective April 5, 2017. ACTION REQUESTED: That the Town Board approve Elizabeth Paul's annual salary of $76,968 effective April 5, 2017. iJ* Printed on Recycled Paper