HomeMy WebLinkAbout2018_02_02 Town Board Meeting Packet REVISED
TOWN BOARD MEETING
WORKSESSION AGENDA
WEDNESDAY, FEBRUARY 2, 2018
5:00PM - CONFERENCE ROOM A
1. Review of Town Fee Schedule.
(See Attachment).
2. Review- Preliminary Scope of Work-Comprehensive Plan
(Attachment to be provided to Town Board on Monday, February 5, 2018).
3. Review- Proposal - Design of Madison Avenue/New Jefferson Street Intersection
(See Attachment).
4. Review- Proposed Legislation Re: Membership of Town Planning Board
(See Attachment).
5. Discussion - SCRIE Program - Senior Citizen Rent Increase Exemption Program
(See Attachment).
6. Review- DEIS Comments- Hampshire Country Club Proposal
(See Attachment).
7. Update- LMC-TV-Operating Space
(See Attachment).
8. Retirement Reporting for Elected & Appointed Officials
(See Attachment).
9. New Business
10. Request for Executive Session
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Town of Mamaroneck
p - �o Office of the Town Clerk, Town Center
m 740 West Boston Post Road, Mamaroneck, NY
c) 10543-3353
•FOUNDED 16E1 •
Christina Battalia, RMC, CMC TEL:914/381-7870
Mamaroneck Town Clerk FAX:914/381-7813
CBattalia@townofmamaroneckNY.org
MEMORANDUM
DATE: January 17,2018
TO: Town Board
FROM: Christina Battalia
SUBJECT: Fee Schedule A250.1
Attached please find the Town's Fee Schedule listed in the Town Code as A250-1. I bring this to your
attention as there are fees on the schedule which are not correct.The attachment has been red lined
to include corrections/updates made by staff. I would like to review the fees, make the necessary
corrections and have the Town Board adopt the corrected schedule. Upon reviewing the legislation it
appears that the Fee Schedule can be modified and adopted by Town Board resolution,and would not
require a public hearing(see Town Code Chapter 97-4) Moving forward I would suggest that the Fee
Schedule be reviewed and approved each January at the Organizational Meeting.
Christina
4.
{Formatted:Right:0.02'
Chapter A250
Fee Schedule
[HISTORY:Adopted by the Town Board of the Town of Mamaroneck 8-17-2011 by L.L.No.8-2011.
Amendments noted where applicable.]
GENERAL REFERENCES
Fees—See Ch.97.
§A250-1 Enumeration of fees.
[Amended 1-6-2010 by L.L.No.1-2010;1-20-2010 by L.L.No.2-2010]
The schedule of fees and deposits for services,applications,permits and licenses is as follows:
Code Section Subject Fee or Deposit Formatted:Font:14 pt
Formatted Table
§32 3 Pelice-eseeFt-fee $S - Commented[CBl]:Recommendation of Police that this
be eliminated.It is not used.Police escorts are no longer
justified.
50-3C Alarm system user permit,per calendar
year or part thereof $30 24
50-4D(1) False alarm penalties,per calendar year:
Second $15
Third and fourth $50
Fifth through 15th $100
Each subsequent occurrence $250
§55-6A Mechanical amusement device license
fee,annual:
Per device $50
Per premises $125
§58-7A Dog license fee for each neutered male or $20 plus State surcharge of
spayed female dog $1.00
Dog license fee for each unneutered male $25 plus State surcharge of
or unlspayed female dog X3.00 ---{Formatted Font:14 pt
}
Code Section Subject Fee or Deposit {romatted:Font:14 pt
{Formatted Table
§58-7G Failure to respond to an enumeration $50
58-8 Redemption of impounded animals:
Fee for impound $10 per day
First impoundment of an animal within
same calendar year $40
Second impoundment of an animal within
same calendar year $50
Any subsequent impoundment of an
animal within same calendar year $60
§82-4 Dance hall or dance license fee,annual $175
§95-30A Erosion and sediment control
Filing fees:
Surface water and erosion control permit
for a parcel with an existing one-or two-
family dwelling $200
Surface water and erosion control permit
for the construction of a new one-or two-
family dwelling on either a vacant parcel
or on a parcel where more than 50%
existing residence is demolished $375
Surface water and erosion control permit
in all other cases $375
Fee for applicant-requested modification
(no work has commenced) $75
Fee for applicant-requested modification
(work has commenced) $125
Permit fees:
Surface water and erosion control permit $150
for a parcel with an existing one-or two-
Code Section Subject Fee or Deposit Fonmatted:Font:14 pt
Formatted Table
family dwelling
Surface water and erosion control permit
for the construction of a new one-or two-
family dwelling on either a vacant parcel
or on a parcel where more than 50%
existing residence is demolished $200
$300;and where controls
exceed$5,000 of anticipated
costs,then 6%fee additional for
all costs in excess of$5,000.
This 6%is not part of the
Surface water and erosion control permit engineering fees for site plan
in all other cases approval
Stormwater pollution prevention permit $500
Inspection fees:
Minimum inspection fee for a parcel with
a one-or two-family dwelling $100
All other residential parcels $150
All other cases $250
NOTE:If work is commenced prior to the
permit being issued,all fees for the
project will be doubled
99-6A License fee for use of public property,per Minimum$500;Maximum
day $5,000
99-6B License fee for use of private property,
per day $150
Blasting permit application(A bond in
the amount of$100,000 as well as public
§ 106-20A liability insurance naming the Town of
Mamaroneck as a coinsured in an
aggregate amount of not less than
$2,000,000 is to accompany application.) $300
Supplemental blasting at the same site $50
`Code Section Subject Fee or Deposit -{Formatted:Font:14 pt
iFormatted Table
106-49 Discharge compliance certificate
application $50
§106-56 Building fees:
Filing fees(applies to all permits issued
by the Director of Building Code
Enforcement and land Use
Administration):
Residential $25
Commercial $50
Original certificate of occupancy:
One-and two-family dwellings and
related accessory structures $50
Commercial and all other buildings $100
Temporary certificate(plus bond as
required by Direcor of Building Code
Enforcement and Land Use
Admininistrator) $300
Copy of certificate of occupancy $25
Original letter of compliance $50
Duplicate letter of compliance $25
Mechanical rock removal permit $100,plus$10 per$1,000 of
application rock removal cost
Second rock removal permit application
for the same lot $125
Each additional rock removal permit
application for the same lot $150
To raze any structure:
Residential demolition
$50,plus$10 per$1,000 of
`Code Section Subject Fee or Deposit --- Formatted:Font:14 pt
Formatted Table
demo cost
$150,plus$10 per$1,000 of
Commercial Demolition demo cost
Total valuation of construction or other $100,filing fee,plus$10 per
activity to be undertaken: $1,000 of construction costs
NOTE:Fees for all permits issued after construction has started or where it has been
completed shall be double the calculated fee.
Permit renewals:A fee equal to the now currently charged fee shall be paid for each renewal.
To move a building:Treat fees the same as for new construction.
§ 114-7A Wetlands permit application $150
§ 117-6 Garage sale license application $20
E 147-8 Commuter Lot 1 Daytime Permit annual-
semi-ate $725330
147-8 Commuter Lot 1 Daytime Permit semi-
annual $380
Commuter Lot 1 Meter Permit $6080,Plus$0.6033 per hour
annual ;-per—year_ from 5:00 a.m.to 6:00 p.m.
Area Bbusiness Permit ,Lot No.
3;annual per year $575473
Area Bbusiness parkingPermit,semi-
annual $305 255
Fee to add second car to daytime,meter,
area business and overnight parking
permits $10
§1475_ . • • . - .. . • • :, : _ $625_
Lot 3 24-hour Permit pa per
yearannual $825 725
Lot 3 24 hour packrifigPenit semi-annual$430 380
Code Section Subject Fee or Deposit -jFomntted Font:14 pt
Formatted Table
Overnight parking $3350
¢1^ Lot 3 24-hour_—senior Permit ref
year annual $675 425
Lot 3 24-hour Wig,senior
^' ns,Permit semi annual $355 X39
Lot 4&Lot 1 Overnight Permit $450
§ 147-11 Parking Permit-replacement permit $10
$0.25 for 20 utes 3 hour
§ 154-7A Peddling license,vehicle $125
§ 154-7B Peddler's license $125
§158-6 Plumbing fees:
$75,plus$10 per$1,000 of
Residential plumbing fee plumbing installation
$150,plus$10 per$1,000 of
Commercial Plumbing Fee plumbing installation
NOTE:For purposes of fee,gas appliances shall be considered as a plumbing fee
Fuel oil equipment:
Each oil burner,hourly rated capacity up
to 2 gallons $60
Over 2 gallons and up to 10 gallons $125
Over 10 gallons $175
Storage tanks:
Up to 275 gallons $50
Over 275 gallons and up to 550 gallons $75
Code Section Subject Fee or Deposit ``` Formatted:Font:14 pt
Formatted Table
Over 550 gallons and up to 1,000 gallons $100
Over 1,000 gallons and up to 2,000
gallons $300
For each 1,000 gallons over 2,000 gallons $20 per thousand
Removal or abatement of tank in place:
Up to 550 gallons $50
Over 550 gallons $75
NOTE:Removal of underground tanks requires a$100 bond
Sewer connection $50
Gas piping permit and test: $75
Each gas-fired heating appliance $50
Each other appliance $25
§167-8B Photocopies,not to exceed 9 inches by 14
inches $0.25 per page
§167-8 Blueprint or plan photocopy $2 per square feet
Blueprint or tracing reproduced onto
Mylar or sepia $6 per square feet
Digital topographic/Tax Map CD $100 per map page
Town Code/inserts(no cover) $360
$444
$300
Zoning pamphlet $20
Zoning,election or Town Map $3
§ 175-8 Signs:
Code Section Subject Fee or Deposit {Fornutes&Font:14 pt
Formatted Table
For erecting,placing or painting a new
sign $125
For altering,reconstructing,enlarging or
relocating on the same premises as
existing sign $60
Temporary signs as approved by Building
Department $30
Temporary signs as approved by Town
Board $175
§175-17 Filing fees: $25
For the cost of publication and mailing
for each public hearing convened for a
sign variance application $100
Each additional application $50
$350,plus$25 for each parking
§ 177-15 space required by the Zoning
Site plan approval application Ordinance
6%of the total performance
bond or$2 per linear foot of
road surface,whichever is
Engineering fees higher
§187-5 Restoration deposits:
Street openings up to 100 square feet $1,200
Additional deposit for street openings in $10 per square foot over 100
excess of 100 square feet square feet
§ 190-22 Subdivision of land:
$300,plus$150 for each
additional lot shown on
Up to 2 lots application
§ 1984 Reserved Taxi drivers Reserved S-50
Code Section Subject Fee or Deposit «y Formatted:Font:14 pt
Formatted Table
§198-3 Reserved Taxicab and livery license Reserved S60
§ 198-7B_
Reserved Replacement of taxicab license or badge SS Reserved
§207-6A Tree removal permit application:
1 to 4 trees $50
Each additional tree $10
§219-2 Residential parking permits $25 per motor vehicle per year
Residential Parking Permit issued in the - {Formatted:Normal,Justified
months of April, May, June, July. August$10.00
or September
219 3 Formatted:Font:14 pt
Parking-meter-fate ene- oui --- Commented CB2:Feesare i
I 1 charged and kept by Towing
Co.
226 4A _. ... .
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§ 240-61A Special permit fees:
Application fee $300
Renewal $150
§240-91 Zoning Board of Appeals application
Area variance,first request $150
Each additional requested variance $75
Use variance $300
Zoning variance extension $200
Fee for advertising hearing by Board of
Appeals $35
§250-1 Bowling alley $250
• y
Code Section Subject Fee or Deposit • y Fomwttetk Font:14 pt
Formatted Table
Bounced check fee $20
Property tax fee(charge to tax service
entities for property tax payments withou
tax bill) $5 per parcel/tax bill
Accident report $0.25 per page
Complaint report $0.25 per page
Auctioning permits,per day $5
Auctioneering permit $100
Certified copies of vital records $10
WORKSESSION
ITEM 2
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740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FOUNDED 1661 • TEL: 914/381-7810
OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809
townadministrator @townofmamaroneck.org
Memorandum
To: Supervisor and Town Board
Re: Authorization- Professional Engineering Services-
Traffic Signal and Boulevard Study- Madison Avenue/New Jefferson Street
Date: February 2, 2018
Previously the Town has commissioned two engineering studies to determine the
feasibility of constructing a round-a-bout at the intersection of New Jefferson Street,
Madison Avenue and the 1-95 Ramps. Both studies confirmed that the estimated cost of
a round-a-bout would be in excess of$3million. The high cost is driven primarily by the
extensive relocation of various utilities necessary to construct the round-a-bout island.
There was also a significant amount of regrading and reconstruction of the roadways
necessary to construct the entry lanes to the round-a-bout. Based upon the high cost of
a round-a-bout the concept is no longer under consideration.
Therefore the next best alternative for the design of traffic controls at the intersection is
the design and installation of a traffic signal. In addition to the installation of a traffic
signal, the study would also consider design options to establish the intersection as a
gateway to the Town. The design services would also consider options for developing a
streetscape for the Fifth Avenue corridor.
I should point out that one of the conditions of the approval of the Cambium
Condominiums was for the developer to install a traffic signal at the intersection. The
estimated cost of the work for just the installation of the traffic signal is $250,000.
Because the Town considered other alternatives for the intersection, the Board
approved having the developer remit$250,000 to the Town to be applied to
improvements to the intersection. The Town would assume responsibility for the
development of the intersection and installation of the traffic signal.
Attached is a proposal from Barton and Loguidice to provide engineering services for
the review of the intersection. They propose to conduct the analysis described in their
proposalfor a lump sum fee of$8,500. The fee is reasonable considering the scope of
work to be completed. If the Town Board wishes to move forward with the evaluation it
would make sense to retain Barton and Loguidice's since they have much of the
background information on the intersection.
ACTION REQUESTED: THAT THE TOWN BOARD APPROVE THE PROPOSAL
SUBMITTED BY BARTON AND LOGIUDICE TO STUDY THE INTERSECTION OF FIFTH
AVENUE AND NEW JEFFERSON STREET AND THAT THE TOWN ADMINISTRATOR BE
AUTHORIZED TO EXECUT THE AGREEMENT WITH BARTON AND L 40 DICE.
tephen V. Altieri
Town Administrator
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December 6, 2017
Mr. Stephen V.Altieri
Town Administrator
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
RE: Proposal—Professional Engineering Services—Traffic Signal and Boulevard Study for Madison
Avenue,Jefferson Street and 5th Avenue.
File: 703.3428
Dear Mr. Altieri:
Barton& Loguidice, D.P.C. (B&L) is pleased to provide this letter proposal to conduct a feasibility study,
design concept,estimate of probable cost,and report for the potential Traffic Signal and Gateway
approaching Madison Avenue/Jefferson Street and 5th Avenue in the Town. The work included as part
of this proposal includes investigating alternative signal designs and options,traffic operational impacts,
traffic calming, access control, project benefits,and construction and engineering costs. The scope and
associated fee are as follows:
Task 1. Alternative Evaluation and Concept Plan
The project team will evaluate alternatives and develop a design concept including:
• Evaluations of potential design alternative concepts that would meet the project
objectives will be investigated. These evaluations will be utilized to establish the
feasibility of the concept as a design alternative. There are various items to ensure
proper signal operation that will be evaluated and determined such as:
o Design Vehicle Turning Paths (Trucks and Passenger cars)
o Lane Width
o Turning and Through Lane Length and Width
o Signal Pole type (Span or Mast Arm Layout)
o Signal Head Placement
o Approach Alignments
o Roadway profile
o Drainage Accommodations
o Pedestrian/Bicyclist Accommodations
o Clearances and Impacts to Utilities
Mr.Stephen V.Alfieri _ s
Town of Mamaroneck -
December 6,2017
• The Concept Plan will be developed at a scale of 1"=40'and include dimensions and
identification of these geometric and design features as applicable.
• B&L will also evaluate 5th Avenue for pedestrian and boulevard type improvements to
help with access control,traffic calming and aesthetics.
• B&L will meet with the Town to discuss the concepts,using the sketches as discussion
aids to describe the relative order-of-magnitude costs,advantages,disadvantages,and
constraints of each. Based on the discussions,a final concept plan will be developed
and included in the Final Feasibility Report.
• The concept will be designed in accordance with the current edition of the NYSDOT
Standard Specifications for Construction and Materials,the NYSDOT Highway Design
Manual,and the following as applicable:
• Highway Capacity Manual,Special Report 209,Transportation Research Board
• ADA Accessibility Guidelines for Buildings and Facilities
• AASHTO Guide for the Design of Bicycle Facilities
• National Manual of Uniform Traffic Control Devices(MUTCD)
• New York State Supplement to the National(MUTCD)
• An advanced concept level cost estimate for the signal and pedestrian improvements on
5th, inclusive of engineering and construction inspection costs,will be developed and
projected forward utilizing future dollars.
• Right-of-way(ROW)requirements(if any)for the concept will be investigated and will
be presented in tabular form including approximate areas for each parcel. A planning
level estimate for the cost of the ROW will also be included as part of the project costs.
• We understand that the loss of parking needs to be kept to a minimum.
• Coordination will not be required with the NYS Thruway Authority and NYSDOT at this
point in the project.
Task 7. Traffic Analysis
The Town will provide a traffic study previously completed for an adjacent development
which will be referenced to provide the traffic data,design hourly volumes, turning movements and
other pertinent information. This existing information will be used to evaluate traffic flow,queuing, and
develop a basis for the lane requirements and overall operations of a traffic signal.
• The traffic modeling computer program Synchro will be utilized to determine queuing
lengths,delay times, Level of Service(LOS)and overall operations.
• The intersection design will reflect the geometric and dimensional needs determined by
the traffic study.
• Traffic analysis results will be included in a table in the study along with the referenced
information from the previous study provided by the Town.
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Telephone 518 218 1801•Facsimile 518 218 1805•%s Rarnnna niLogundice cum
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Mr.Stephen V.Altieri
Town of Mamaroneck
December 6, 2017 .�'-
Task 8. Feasibility Report
Products of the study and cost estimate will be assembled into a final document prefaced
with an executive summary of the work completed and conclusions. Any preliminary reports,data,
mapping, environmental findings, traffic volumes and count data, concept sketches and progressed
alternative and budget estimates will also be included. Once accepted as final,the report will be made
available in digital and hardcopy form (if requested) and distributed to the Town.
Task 9. Meetings
It is anticipated that one(1) meeting will take place with the Town and is included in the
proposed scope of work. It is anticipated that four(4)conference calls for project coordination and
other discussions will take place and are included in the proposed scope of work.A public information
meeting or a formal public hearing is not included at this stage of the project.
B. Proposed Project Fee
The following fee reflects the completion of the scope of work described above.
B&L understands that we propose to complete the scope of services for a Lump Sum Fee of$8,500.The
services would be invoiced on a monthly basis based on the percentage of work complete and in
accordance with the attached Standard Terms and Conditions.We estimate the study will be completed
two months from the notice to proceed from the Town.
Technical Assumptions
The following Technical Assumptions have been made for estimating the Project Fee.
1. Subsurface and overhead utilities will be investigated during field reconnaissance, during which
locations of any subsurface utilities will be inferred from visible surface evidence and any record
plan or survey information that is provided to B&L.
2. Soil boring investigations will not be required.
3. Accident reports will be provided to B&L by the Town and/or the NYS Department of Motor
Vehicles.
4. Assume the project will not require a Phase 1A/1B Cultural Resources Assessment at this time
5. A Public Hearing is assumed not to be required.
6. It is assumed that a detailed Section 4(f) or 6(f)analysis/report will not be required.
7. It is assumed that an air quality study will not be necessary.
8. It is assumed that a noise impact assessment will not be required
9. Electronic CADD files of the design concept will be provided to the Town in either Autocad or
Microstation format as the Town chooses.
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Mr. Stephen V.Altieri —
Town of Mamaroneck ijo
December 6, 2017 �.
C. Schedule
The B&L team can begin work immediately upon approval of the proposed Scope and Contract.
If this is agreeable, please indicate by signing below and returning an original copy to Barton &
Loguidice, D.P.0
IN WITNESS WHEREOF, The Town of Mamaroneck, and Barton & Loguidice, D.P.C. have duly executed
this agreement dated as of the day and year first above written.
Owner: Town of Mamaroneck Engineer: Barton :• i• ce,D.P.C.
Signature: Signature: �a:r i
Print Name: Print Name: •�,`r cvNr�
Title: Title:
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WORKSESSION
ITEM 4
Local Law No. -2018
This local law shall be known as the"Reduction in Size of the Planning Board" law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1-Purpose:
The Town Board finds that there is no need for the Planning Board to consist of seven (7)
members. This local law reduces the number of members five (5) as allowed by Town Law § 271
(7).
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 5-10 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
A. The Planning Board, previously established by the Town Board, shall continue to exist. It
shall consist of five regular members and an alternate member. The members shall be
known as Member A, Member B, Member C, Member D, Member E and the Alternate
Member. All of the members shall be appointed by the Town Board. Annually, the Town
Board shall designate which of the members shall serve as the Chairperson for that year.
B. Except for persons appointed or re-appointed to the Planning Board in 2018 and except as
provided in section 5-10D of the Code, the term of each member shall be five (5) years and
shall expire on the 31st day of December in the year in which the term expires.
C. The term of office of a member appointed in 2018 shall commence on the date that the
Town Board appoints that person to the Planning Board, and shall expire in accordance
with the following schedule:
(1) Member A's term and the Alternate Member's term shall expire on December
31,2018,
(2) Member B's term shall expire on December 31,2019,
(3) Member C's term shall expire on December 31,2020,
(4) Member D's term shall expire on December 31,2021,
(5) Member E's term shall expire on December 31,2022.
D. If a person is appointed or qualifies as a member after January 1 of the year in which that
person's term began, that person's term shall expire on the 31st day of December of the
year when that person's term expires even if that person shall have served less than five
years or the length of time associated with that Member's term pursuant to section 5-10 C.
Section 3-Severability:
Should arty provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4-Effective Date:
This Local Law shall become effective upon its filing with the Secretary of State.
02-02-18
WORKSESSION
ITEM 5
S 13 Town of Mamaroneck
o Town Center
w
740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FOUNDED 16E1 TEL: 914/381-7810
OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809
townadministrator @townofmamaroneck.org
Memorandum
To: Supervisor and Town Board
Re: Senior Citizen Rent Increase Exemption Program (SCRIE)
Date: February 1, 2018
The Town has received a communication from Chuck Lesnick of the New York State
Division of Housing and Community renewal in reference to the SCRIE program. The
program exempts income eligible senior citizens living in rent controlled apartments
from rent increases. The landlords that have tenants in the program receive refunds
from participating municipalities in the form of a property tax refund. The amount of the
refund is based upon the lost rent revenue. Local governments participating in the
program determine the maximum income limit for eligibility in the SCRIE Program.
The State is requesting that the Town raise the maximum income for eligibility in the
program to $50,000. In August of 2015 the Town Board approved an increase in the
maximum income limit from $16,500 to $29,000. (See attached memorandum) Since the
last income limit adjustment approved in 2015 no new senior citizens have joined the
program. There are currently six participants in the Town's SCRIE Program.
In 2014 the Town's total expense for tax refunds under this program was $14,285.
Since that time, based upon approved rent increases for rent control apartments, the
Town's expense in 2017 has risen to $22,534. One of the difficulties in considering an
income adjustment for the SCRIE Program is predicting the number of new participants
and the projected expense. So although there may be no new participants the Town's
expense has increased due to approved rent increases for rent controlled apartments.
To assist in the Board's discussion, in addition to my 2015 memorandum, I have
attached fact sheets further detailing the program along with a listing of participating
municipalities showing their income limits and number of participants. If you need
further information, please let me know.
Stephen V. Altieri
Town Administrator
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Town Center
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OFFICE OF THE TOWN ADMINISTRATOR TEL: 914/381-7810
FAX: 914/381-7809
townadmimstrator@townofmamaroneck.org
Memorandum
To:Supervisor and Town Board
Re:Senior Citizen/Disability Rent Increase Exemption Program
Date:August 13,2015
The Town of Mamaroneck along with a number of other communities in Westchester participate in
the Senior Citizen Rent Increase Exemption Program. The program is administered in Westchester
County by the New York State Division of Housing and Community Renewal. Essentially the
program exempts eligible senior citizens from rent increases. The way the program works is
landlords that have tenants in the program submit for a refund of taxes to the municipal
government. The refund is essentially based upon the lost rent revenue. Municipalities treat the
payment to the landlord similarly to a refund of taxes. Attached is a fact sheet from the Division of
Housing on the program.
In the Town, there are four landlords that have tenants eligible for the program. Our total refund
expense in 2014 was $14,285. The amount can change every year depending upon the number of
eligible tenants.
One of the requirements for tenant eligibility is that the tenant cannot earn over a certain income
level. When the Town adopted the program a number of years ago the income limit was set at
$16,500. The Division of Community Renewal permits the municipality to amend the income limit.
On the last page of the attachment is a listing of the participating communities and their individual
income limits for the SCRIE Program as of 2014. I understand that the City of Yonkers has since
raised their limit to $50,000 for 2015.
What is before the Town Board is whether we should now raise our income limit? In considering
this matter, the question that we cannot answer is how many additional tenants would be eligible if
the income limit is increased and what our additional expense might be. On the attached listing,
you will note that a number of communities have income limits of$29,500 which may be a
worthwhile adjustment to put the Town in line with those communities.
/bdb--------
Stephen V.Altieri
Town Administrator
A
tip Printed on Recycled Paper
Altieri, Stephen
From: Seligson, Nancy
Sent: Wednesday,January 24, 2018 5:35 PM
To: Altieri, Stephen
Subject: FW: Town Of Mamaroneck ETPA
Attachments: Mamaroneck Town ETPA 2016-2017.pdf;Initial Filings of Senior Citizen 12.17.docx
Dear Steve:
Let's discuss this please.
Thank you.
Nancy
From: Lesnick, Charles (NYSHCR) [mailto:Charles.Lesnick @nyshcr.org]
Sent: Wednesday,January 24, 2018 1:07 PM
To: Seligson, Nancy<Supervisor @TownofMamaroneckNY.org>; Eney,Jaine<JElkindEney @TownofMamaroneckNY.org>;
Sabrina Fiddelman (sfiddelman @townnofmamaroneckny.org) <sfiddelman @townnofmamaroneckny.org>; Katz, Abby
<AKatz @TownofMamaroneckNY.org>
Cc:Town Administrator<TownAdministrator @ TownofMamaroneckNY.org>
Subject:Town Of Mamaroneck ETPA
As I have discussed with most of you, Mamaroneck participates in the Emergency Tenant Protection Act of 1974 (ETPA)
and SCRIE/DRIE. Information about the program is provided on the following fact sheets:
Rent Stabilization: http://www.nyshcr.org/Rent/FactSheets/orafacl.pdf
ETPA: http://www.nyshcr.org/Rent/FactSheets/orafac8.pdf
SCRIE: http://www.nyshcr.org/Rent/FactSheets/orafac2l.pdf
DRIE: http://www.nyshcr.org/Rent/FactSheets/orafac20.pdf
List of income limits for participating municipalities: http://www.nyshcr.org/Forms/Rent/RTP-
13ISCRIEINSTRUCTIONS.pdf
Mamaroneck raised the income limit from $16,000.00 to $29,000.00 on October 15, 2015. At that time, the council
considered whether to raise the income limit to the state-wide cap of$50,000.00, but they wanted to see how many
people would take advantage of the higher income limit to assess the fiscal impact on the city.The attached table shows
that 0 Mamaroneck residential family units took advantage of the higher income limits.The total number of family units
in Mamaroneck who participate in SCRIE is 1 . At present Mamaroneck does not participate in DRIE.The total number of
residential family units who participate in ETPA is 245 in 10 Buildings—See attached list. The rent guideline approved by
the Westchester Guidelines Board for 2017/2018 is 1%for a one year lease and 1.5%for a two year lease.
http://www.nyshcr.org/Rent/FactSheets/orafac31b.pdf
I hope that the city council will consider increasing the limit in Mamaroneck to$50,000.00 00 and/or include their
participation in DRIE, this number is usually low in part because disabled people automatically qualify for SCRIE when
they reach age 62.. Please let me know if you require additional material or would like me to brief the council or anyone
else. If you wish to call me please use my cell number listed below. Thanks. -Chuck
Charles S. Lesnick, Esq.
A
s
"'TACT SHEET .1 .
A PUBLICATION OF NEW YORK STATE
Andrew M.Cuomo,Governor DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
#8 Emergency Tenant Protection Act of 1974 (ETPA)
Chapter 576 Laws of 1974 as Last Amended
This bulletin provides only general information concerning ETPA. For specific information, refer to the full text
of the Act.
In Nassau, Rockland and Westchester counties, rent stabilization applies to non-rent controlled apartments in
buildings of six or more units built before January 1, 1974 in localities that have declared an emergency and adopted
ETPA. In order for rents to be placed under regulation, there has to be a rental vacancy rate of less than 5% for all
or any class or classes of rental housing accommodations. Some municipalities limit ETPA to buildings of a specific
size,for instance,buildings with 20 or more units.
Certain types of housing accommodations are not included in the provisions of ETPA, for example: housing
accommodations in buildings containing less than six dwelling units;rent controlled apartments;motor courts;tourist
homes; nonprofit units; governmentally supervised housing; and housing accommodations in buildings completed
on,or after,January 1, 1974.
The Rent Regulation Reform Act of 1993 (RRRA)exempts certain apartments from regulation. See Fact Sheet#1,
"Rent Control and Rent Stabilization,"for information on the deregulation of high rent apartments and the
deregulation of high rent apartments occupied by high income tenants.Apartments in buildings converted to co-op
or condo ownership that are or become vacant on or after July 7, 1993 are exempt from rent regulation.
Each municipality declaring an emergency and adopting local legislation pays the cost of administering ETPA.In
turn, each municipality can charge the owners of housing accommodations a fee up to $10 per unit per year as the
Act provides.
The local rent guidelines boards(one each in Nassau,Rockland,and Westchester counties)set maximum allowable
rates for rent increases in stabilized apartments.These guidelines rates are set once a year and are effective for leases
beginning on or after October 1st of each year.
For more information or assistance, call the DHCR Rent InfoLine or visit your County Rent Office.
Westchester County
75 South Broadway
3rd Floor
White Plains,NY 10601
Revised (4/02) Rent InfoLine(718)739-6400
Web Site:www.nyshcr.org
Pnmail a,lrlrnec•rpntinfn6nlnarchrrnrn
...,„____
...-
TACT SHEET-- A
is
Andrew M.Cuomo,Governor A PUBLICATION OF NEW YORK STATE
DIVISION OF HOUSING AND COMMUNITY RENEWAL.
OFFICE OF RENT ADMINISTRATION
# 21 Special Rights of Senior Citizens
The law grants certain exemptions from rent increases to tenants who are senior citizens.
If a tenant or tenant's spouse is 62 years of age or older and is living in a rent regulated apartment, and the
combined household income is at or below the income eligibility level and they are paying at least 1/3 of their disposable
income toward their rent,the senior citizen tenant may qualify for the SENIOR CITIZEN RENT INCREASE
EXEMPTION(SCRIE).
If a tenant qualifies for this program,the tenant is exempt from future rent guidelines increases,Maximum Base
Rent increases, fuel cost adjustments,and increases based on the owner's economic hardship and Major
Capital Improvements.However,the tenant must pay the additional security deposit. When a current beneficiary
permanently leaves the household,a remaining family member may file a transfer application to determine continued
eligibility.
SCRIE In New York City
In NYC,the Department of Finance(DOF)administers the SCRIE program.
To apply for SCRIE, the tenant of a NYC rent controlled or rent stabilized apartment must file an application with:
NYC Department of Finance
SCRIE/DRIE Exemption
59 Maiden Lane, 19th Floor
New York,New York 10038
Web Site: www.nyc.gov/finance
Tenants may also contact New York City's Citizen Service Center by dialing 311.
In NYC,the income eligibility level will increase from$29,000 to$50,000 per household starting on July 1,2014.
Tenants receiving a NYC Senior Citizen Rent Increase Exemption(SCRIE)may choose a one-or two-year
lease renewal. NYC senior citizen tenants may also carry this exemption from one apartment to another upon
moving,upon the proper application being made to DOF.
SCRIE Outside New York City
In the counties outside of NYC covered by the Emergency Tenant Protection Act,the New York State Division
of Housing and Community Renewal(DHCR)administers the SCR1E program. To apply for SCRIE, the tenant of
the rent regulated apartment must file an application with:
DHCR
District Rent Office
75 South Broadway
White Plains,New York 10601
(914)948-4434
Revised (10/16) Rent InfoLine(718) 739-6400 #21 pg. 1 of 3
Web Site:www.nyshcr.org
Email address:rentinfo(ci)nvshcr.orn
Outside NYC, SCRIE is a local option and communities have different income eligibility limits and
exemption allowances. Seniors applying for a SCRIE are required to choose a two-year renewal lease.
Applications for SCRIE exemptions are made to the Division of Housing and Community Renewal on the Tax
Abatement Certificate and Senior Citizen Rent Increase Exemption Application and Order(DHCR form RTP-13).
Owners receive certificates for real estate tax payment. If you live in Nassau or Westchester County,call
(914)948-4434,to obtain an application and to inquire about your municipality's income eligibility level.
Municipalities outside of New York City with a SCRIE Program are listed below.
Nassau County
City of Glen Cove
Town of North Hempstead
Village of Hempstead
Village of Great Neck Plaza
Westchester County
Village of Croton on Hudson
Village of Dobbs Ferry
Town of Greenburgh City of New Rochelle
Village of Hastings on Hudson
Village of Irvington Village of Pleasantville
Village of Larchmont Village of Tarrytown
Town of Mamaroneck Village of Sleepy Hollow
Village of Mamaroneck City of White Plains
City of Mount Vernon City of Yonkers
City of Rye
Other rights for senior citizens include:
1. If a building is being converted to cooperative or condominium ownership under an Eviction Plan,an "eligible
senior citizen"may refuse to purchase the apartment and remain in occupancy as a fully protected rent stabilized
tenant with the right to a lease renewal. Rent controlled senior citizen tenants are similarly protected against
eviction.
"Eligible senior citizens"are tenants who are primary residents in the apartment and are at least 62 years of
age or have a spouse 62 years of age or older on the date the New York State Attorney General accepts the
Eviction Plan for filing.
To take advantage of this benefit,an eligible senior citizen in NYC must elect,on forms provided by the
Attorney General, to become a"non-purchasing"tenant within 60 days of the date that the Final Offering Plan
is presented to the tenants. Outside NYC,there is no formal election requirement.
2. An owner cannot evict a tenant from rent stabilized apartments in NYC for the purpose of owner occupancy,
when either the tenant or the tenant's spouse is 62 years of age or older unless the owner provides an equivalent
or superior apartment at the same or lower rent in an area near the tenant's apartment.
3. For rent stabilized apartments outside NYC and rent controlled apartments statewide,an owner may not evict a
tenant for the purpose of owner occupancy where any member of the tenant's household is 62 years of age or
older.
Revised(10/16) Rent InfoLine(718)739-6400 #21 pg.2 of 3
Web Site:www.nyshcr.org
Email address:rentinfo n nvshcr.ora
4. A NYC senior citizen with a currently valid SCRIE order is not required to pay any portion of a fuel cost
increase that would raise the total rent to over 1/3 of the tenant's household disposable income.A senior
citizen who applies for and is granted a SCRIE order within 90 days after receipt of the owner's fuel
cost adjustment report, are retroactively exempt from paying any portion of the most recent fuel cost
adjustment that would raise the total rent to over 1/3 of the tenant's total household disposable income.
5. A tenant 62 years of age or older may terminate his/her lease,without penalty, in order to move into a
health care facility or senior citizen housing complex. If the senior citizen terminates the lease in order to
move into a health care facility or senior citizen housing complex, the owner must receive at least 30
days written notice, accompanied by documentation of admission or pending admission to the health care
facility or senior citizen housing complex.
6. All SCRIE recipients in any municipality are exempt from:
A. Rent reductions for DHCR approved electrical conversions to individual metering(direct or
sub-metering), as per the RCA 2014. The cost of electricity remains included in the rent until the
SCRIE recipient vacates. The owner is however,permitted to install electric conversion
equipment in the apartment when it is occupied by the SCRIE recipient.
B. Deregulation of the apartment based on High-Rent High-Income,pursuant to the Rent Code
Amendments of 2014 (RCA 2014). Owners shall not serve these tenants with an Income
Certification Form and DHCR will not process an Owner's Petition for Deregulation.
7. To obtain a Social Security benefit verification letter,you may visit: www.socialsecurity.gov/myaccount,
create an account and print a copy instantly.
For more information or assistance, call the DHCR Rent InfoLine,or call or visit your Borough
Office or County Rent Office.
Queens Lower Manhattan
92-31 Union Hall Street 25 Beaver Street
6th Floor 5th Floor
Jamaica,NY 11433 New York,NY 10004
(718) 739-6400 South side of 110th St.and below
Brooklyn Bronx
55 Hanson Place 1 Fordham Plaza
7th Floor 4th Floor
Brooklyn,NY 11217 Bronx,NY 10458
Upper Manhattan Westchester
163 W. 125th Street 75 South Broadway
5th Floor 3rd Floor
New York,NY 10027 White Plains,NY 10601
North side of 110th St.and above
Rent InfoLine(718)739-6400
Revised (10/1 G) Web Site:www.nyshcr.org #21 pg.3 of 3
Email address:rentinfo @nyshcr.org
'FACT
A PUBLICATION OF NEW YORK STATE
Andrew M.Cuomo,Governor DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
#20 Special Rights of Disabled Persons 1
Introduction-Rights for Disabled Persons
The law grants certain protections for disabled persons who occupy rent regulated housing with regard
to protection from eviction and exemption from rent increases. These protections are described below.
Eviction protections for disabled tenants
1. An owner cannot evict a disabled tenant or the spouse of a disabled tenant from
rent stabilized apartments in NYC for the purpose of owner occupancy unless the
owner provides an equivalent or superior apartment at the same or lower rent in an
area near the tenant's present apartment.
2. An owner cannot evict a disabled tenant from rent stabilized apartments outside NYC
and rent controlled apartments statewide for purposes of owner occupancy.
3. If a building is being converted to cooperative or condominium ownership under a legal
Eviction Plan, rent stabilized tenants who are eligible disabled persons may refuse to
purchase their apartments and remain in occupancy as fully protected rent stabilized
tenants with lease renewal privileges. Rent controlled tenants are similarly protected.
The tenant's disability must be certified as of the date of the New York State Attorney
General accepts the Eviction Plan for filing. To take advantage of this benefit, an eligible
disabled person in New York City must elect,on forms provided by the Attorney General,
to become a "non-purchasing" tenant within 60 days of the date that the Final Offering
Plan is presented to the tenants. Outside NYC, there is no formal election requirement.
For the purposes of these protections, disabled persons are tenants and/or spouses of tenants who have
an impairment resulting from anatomical, physiological or psychological conditions demonstrable by
medically acceptable clinical and laboratory diagnostic techniques that are expected to be permanent,
and prevent the tenant from engaging in any substantial, gainful employment.
Rent Increase Protections for Disabled Tenants
DRIE in New York City
In New York City, a tenant may apply, if eligible, for a DISABILITY RENT INCREASE EXEMPTION
(DRIE).When a current beneficiary permanently leaves the household,a remaining family member may
file a transfer application to determine continued eligibility.
Revised (1/18) Rent InfoLine(718) 739-6400 #20 pg.1 of 4
Web Site:www.nyshcr.org
The applicant with a disability must be named on the lease for the rent-regulated or cooperative/
condominium apartment(where the mortgage is or once was federally insured under Section 213
of the National Housing Act).
For the purposes of qualifying for DRIE, a rent-regulated apartment includes apartments subject to rent
stabilization, rent control, Mitchell-Lama regulations, and the New York City Department of Housing
Preservation and Development's Division of Alternative Management Programs (DAMP).
If a tenant qualifies for this program, such tenant is exempt from:
1. Future rent guidelines increases, Maximum Base Rent increases, fuel cost adjustments,
increases based on the owner's economic hardship, or Major Capital Improvements.
However,the tenant must pay any additional security deposit that would be required as
a result of these types of increases.
2. Tenants receiving a Disability Rent Increase Exemption(DRIE) may choose a one-or-
two-year lease renewal.
3. NYC disabled tenants may also carry this exemption from one apartment to another when
moving, upon the proper application being made to the New York City Department of
Finance, DRIE Unit.
4. Deregulation of the apartment based on High-Rent High-Income, pursuant to the Rent
Code Amendments of 2014 (RCA 2014). Owners shall not serve these tenants with an
Income Certification Form and DHCR will not process an Owner's Petition for
Deregulation.
5. Rent reductions for DHCR approved electrical conversions to individual metering
(direct or sub-metering), as per the RCA 2014. The cost of electricity remains included
in the rent until the DRIE recipient vacates. The owner is however,permitted to install
electric conversion equipment in the apartment when it is occupied by the DRIE
recipient.
Eligibility requires that such tenant is a recipient (or former recipient, as described below)of benefits
from any of the following programs:
a) Social Security Disability Insurance (SSDI) or Supplemental Security Income
(S SI)under the Federal Social Security Act;
b) Disability Pension or Disability Compensation benefits as provided by the United
States Department of Veteran Affairs; or
c) Medical Assistance benefits pursuant to NY State Social Law, and a former
recipient of SSDI or SSI benefits.
The aggregate disposable income (for all members of the household residing in the housing
accommodation whose head of the household is a person with a disability) for the applicable
income tax year cannot exceed the maximum income eligible for SSI benefits under federal law.
However, an increase in SSI benefits which take effect after the eligibility date of DRIE benefits
is not included in the aggregate disposable income.
Revised (1/18) Rent InfoLine(718)739-6400 #20 pg.2 of 4
Web Site:www.nyshcr.org
To apply for DRIE, the tenant of a NYC rent controlled or rent stabilized apartment must file an
application with:
NYC Department of Finance
SCRIE/DRIE EXEMPTION
59 Maiden Lane, 19th Floor
New York,NY 10038
Tenants may also contact New York City's Citizen Service Center by dialing 311.
DRIE -Outside New York City
The Office of Rent Administration(ORA)has been notified that in Westchester County,the
municipalities of City of Mount Vernon,Village of Irvington,Village of Croton on Hudson,
Village of Sleepy Hollow, Dobbs Ferry, Greenburgh, Hastings on Hudson,New Rochelle,
Yonkers and the City of Rye have adopted DRIE. ORA has also been notified that in Nassau
County,the municipality of the Town of North Hempstead has adopted DRIE. Applications for
DRIE exemptions are made to the Division of Housing and Community Renewal on the Tax
Abatement Certificate and SCRIE/DRIE Application and Order(DHCR form RTP-13). If you
live in Westchester County, call (914) 948-4434, to obtain an application form and to inquire
about your municipality's income eligibility level. Owners receive certificates for real estate tax
payment. When a current beneficiary permanently leaves the household, a remaining family
member may file a transfer application to determine continued eligibility.
A DRIB recipient outside of New York City is also entitled to the following exemptions:
1. Deregulation of the apartment based on High-Rent High-Income,pursuant to the Rent
Code Amendments of 2014 (RCA 2014). Owners shall not serve these tenants with an
Income Certification Form and DHCR will not process an Owner's Petition for Deregulation.
2. Rent reductions for DHCR approved electrical conversions to individual metering
(direct or sub-metering), as per the RCA 2014. The cost of electricity remains included
in the rent until the DRIE recipient vacates. The owner is however,permitted to install
electric conversion equipment in the apartment when it is occupied by the DRIE recipient.
DHCR Services
The Central Office of the Office of Rent Administration at Gertz Plaza, 92-31 Union Hall Street,
Jamaica,NY and the Borough and County Rent Offices are totally accessible buildings, including the
bathroom facilities. Staff members at all Rent Offices are available to assist visually-impaired persons
with forms and other printed materials. With advance notification, staff members can also provide
assistance for tenants and owners with hearing impairments, or serious mobility problems. If a
hearing-impaired person is a party or a witness at a hearing before the Division of Housing and
Community Renewal (DHCR), DHCR will provide a signer to interpret the proceedings.
Sources:
Real Property Tax Law Section 467-b
New York City Rent Stabilization Law Section 26-509
Rent InfoLine(718) 739-6400
Revised (1/18) Web Site:www.nyshcr.org #20 pg.3 of 4
Email address:rentinfo @nyshcr.org
For more information or assistance, call the DHCR Rent Infoline,
or visit your Borough or County Rent Office.
Queens Lower Manhattan Westchester County
92-31 Union Hall Street 25 Beaver Street 75 South Broadway
6th Floor 5th Floor 3rd Floor
Jamaica,NY 11433 New York,NY 10004 White Plains,NY 10601
(718) 739-6400 South side of 110th St.and below
Brooklyn Bronx Upper Manhattan
55 Hanson Place 1 Fordham Plaza 163 W. 125th Street
7th Floor 4th Floor 5th Floor
Brooklyn,NY 11217 Bronx,NY 10458 New York,New York 10027
North side of 110th St.and above
Revised (1/18) Rent InfoLine(718) 739-6400 420 pg.4 of 4
Web Site:www.nyshcr.org
Initial Filings of Newly Eligible Senior Citizen& Disability Rent Increase Exemption (SCRIE/DRIE)applications
made possible because the listed municipalities that have increased the Maximum Income Limitation (MIL)as shown:
YEAR: 2017
Municipality: `15 16' Totals Jan. 2017 Feb. Mar. April May June July Aug Sept Oct Nov Dec 17 TOTALS
New Rochelle,City of
Effective Date: 06/01/16
Revised MIL: $40,000.00 - 1 0 1 1 0 1 1 0 1 0 0 0
Mount Vernon,City of
Effective Date: 05/01/15
Revised MIL: $40,000.00 7 5
0 1 0 0 0 0 1 0 0 0 0
Hastings on Hudson
Effective Date: 06/09/15
Revised MIL: $50,000.00
0 0 0 0 0 0 0 1 1 0 0 0 0
Greenburgh,Town of
Effective Date: 07/01/15
Revised MIL: $40,000.00 0 4 0 0 0 0 0 0 0 0 0 0 0
Yonkers,City of
Effective Date: 07/01/15
Revised MIL: $50,000.00 23 23 1 1 1 0 1 4 2 2 0 0 1
Page One
Initial Filings of Senior Citizen&Disability Rent Increase Exemption(SCRIF/DRIE)Applications
for the Listed Municipalities that have increased the Maximum Income Limitation(MIL).
YEAR: 2017
Municipality: '15 16 Totals Jan'17 Feb Mar. April May .tune July Aug Sept Oct Nov Dec 17 TOTALS
Croton on Hudson,Village of
Effective Date:07/01/14
Revised MIL: $50,000.00 0 0 0 0 0 0 0 0 0 0 0 0 0
Mamaroneck,Town of
Effective Date:09/16/15
Revised MIL: $29,000.00 0 0 0 0 0 0 0 0 0 0 0 0 0
North Hempstead,Town of
Effective Date: 09/29/15
Revised MIL: $40,000.00 0 0 0 0 0 0 0 0 0 0 0 0 0
Irvington,Village of
Effective Date: 12/07/15
Revised MIL: $40,000.00 0 1 0 0 0 0 0 0 0 0 0 0 0
Page Two
Initial Filings of Senior Citizen&Disability Rent Increase Exemption (SCRIE/DRIE)Applications
for the Listed Municipalities that have increased the Maximum Income Limitation (MIL).
YEAR: 2017
Municipality: 16'Totals Jan'17 Feb Mar. April May June July Aug Sept Oct Nov Dec 17'TOTALS
White Plains, City of
Effective Date: 06/01/16 1 0 0 1 1 0 1 0 1 0 0 0
Revised MIL: $30,000.00
Mamaroneck,Village of
Effective Date: 09/07/16 0 1 0 0 0 0 0 0 0 0 0 0
Revised MIL: $35,000.00
Page Three
FY 2016 1 2017 ETPA BILLING
MUNICIPALITY: MA NIA RONECKTOWN
BLDG ID(S) TYPE BUILDING NAME ADDRESS UNITS CHARGE
651128 RENT LARCHMONT ACRES EAST 5- 8 RICIIBELL RD 110 51,100
650599 COOP LARCHMONTTERRACEAPTS 2 WASHINGTON SQUARE 16 5160
651801 COOP 17 NORTIICIIATSWORTH AVE 4 540
505286 COOP 1299 PALMER AVE 18 5180
651312 COOP LARCHMONT ACRES WEST I- 4 RICHDELL RD 50 5500
651312 COOP 21 NORTH CHATSWORTH AVE 4 540
651038 COOP 16 NORTH CHATSWORTH AVE 2 S20
651737 COOP 172 MYRTLE BLVD 1 510
651062 COOP II ALDEN RD 6 560
650246 RENT I - 3 DILLON RD 34 5340
10 BUILDINGS 245 52,450
W P, KCFSSION
E M
o ,
o 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
saltieri @townofmamaroneckNY.org
Memorandum
To: Supervisor & Town Board
Re: Hampshire Country Club— Residential Development
Date: February 5, 2018
On February 14, 2018, the Village Board of the Village of Mamaroneck will hold a public
hearing on the draft environmental impact statement for the proposed residential
development of Hampshire Country Club. In view of the upcoming hearing the Supervisor
and I thought it might be helpful for the Town Board to review the comments on the proposal
submitted by the Town in November of 2015. Attached is a copy of the comments submitted
at that time.
Stephen V. Altieri
Town Administrator
O q
2 Ti
9
° Town of Mamaroneck
m Town Center
7 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: 919/381-7810
FAX: 914/381-7809
lownadministrator @iownotmamaroneck.org
www.townofmamaroneck.org
November 6, 2015
Ms. Betty-Ann Sherer Delivered by e-mail & Postal Service
Land Use Coordinator
Village of Mamaroneck
169 Mt. Pleasant Avenue
Mamaroneck, New York 10543
Re: Comments on Proposed Scoping Document
Hampshire Country Club Planned Residential Development
Dear Ms.Sherer:
The following comments are submitted by the Town of Mamaroneck in connection with the
Draft Scoping Document dated August 25, 2015 for the Hampshire Country Club Residential
Development application. The Town is requesting that these additional comments be taken into
consideration and made a part of the final scoping document.
III. Existing Environmental Conditions, Anticipated Impacts and Mitigation
C. Wetlands and Water bodies:
1d.The draft scoping document states that a functional analysis of the existing
wetland communities should be completed.
The Town suggests that the components of the functional analysis be clar4include a
review of the ecological benefits and how the current wetlands serve as wildlife
habitats and how the wetlands impact water quality and biological diversity on the
Hampshire Property.
E. Storm Water Management
1a. At the southern end of the Hampshire Property on Hommocks Road, there is a
flood gate that is controlled by the current owners of the property. When opened
storm water drains the golf course through a vault and piping system that courses
underneath the Hommocks Fields owned by the Town of Mamaroneck. The flood
gate system is also used at times by the property owner to prevent incoming tidal
flow onto the golf course. Storm water carried through this system eventually
drains out to Little Harbor and Long Island Sound. The scoping document should
acknowledge the existence of these drainage facilities in the pre-development
description of existing conditions.
1
lab
to Printed on Recycled Paper
r .
2a Anticipated Impacts - Included in this section of the scoping document should
be a complete analysis of the impact of the alternative development schemes upon
the drainage facilities described in the existing conditions. The analysis should
consider the size of the existing storm drain pipes and their capacity both during
normal conditions and during 50 and 100 year storm events. Included should also
be the impacts upon Little Harbor for all alternative development schemes. The
scoping document should also indicate whether the existing flood gates would
remain a component of the storm drainage system in any of the development
schemes. If not,what alternative storm drainage facilities would be in place to
carry storm water from the property and what are the potential downstream
impacts upon the Hommocks Field and Little Harbor
3. Mitigation-What steps would be taken to prevent surcharging of the existing
storm drain system and flooding on Hommocks Road and on the Hommocks Fields
during 50 and 100 year storm events.
J.Traffic
1. Existing Conditions-The current development proposal calls for traffic to enter
and exit by way to the intersection of Eagle Knolls Road and Hommocks Road.
Hommocks Road eventually leads to the intersection of Boston Post Road(NY Rte
1), Hommocks Road and Weaver Street(NY Rte 125). In describing the existing
conditions the scoping document does not make mention of facilities immediately
adjacent to Hommocks Road which Includes the Hommocks School, Hommocks Ice
Rink and Hommocks Pool. The school is a source of high traffic volumes
particularly during school drop off and pickup. Traffic conditions are intensified
during those times when the school, ice rink and pool are operating concurrently.
The analysis of existing conditions should include current traffic volumes generated
by these facilities.
2.Anticipated Impacts - For each development alternative,traffic volumes and
capacity analysis should include traffic volumes generated by the school, ice rink
and pool. The traffic volumes should include seasonal analysis for the busiest times
for each facility and for those times when the three facilities operate concurrently.
The analysis should suggest changes that would be necessary to the existing
roadways and traffic control devices to provide for efficient traffic flows on
Hommocks Road and through Hommocks Road/Weaver Street/Boston Post Road
intersection.
K. Community Facilities
1. Existing Conditions-Although the development plan is located in the Village of
Mamaroneck.The Hampshire property is also located in the Town of Mamaroneck.
Residents of the Village of Mamaroneck are eligible to use, as residents of the
Town, all Town recreation facilities including the Hommocks Pool and Hommocks
Ice Rink. Therefore the Hommocks Pool and Hommocks Ice Rink should be
included in the discussion of existing open space and recreation facilities.
2
2. Anticipated Impacts - In this discussion, an analysis is to be included on the
impacts upon the Hommocks Pool and Hommocks Ice Rink. Specifically, what
might be the expected increase in registrations and participation in the use of these
facilities.
Thank you for the opportunity to comment upon the draft scoping document and we look forward
to our comments be including in the final version of the document. Should there be a need to
clarify any of the comments, please do not hesitate to contact my office.
Sincere)
S phen V. Altieri
Town Administrator
cc: Supervisor Nancy Seligson
Members of the Town Board
Richard Slingerland-Village of Mamaroneck Manager
3
WORKSESSION
ITEM 7
■
Hon. Nancy Seligson and the Members
of the Town Board of the Town of Mamaroneck
Town Center
640 West Boston Post Road
Mamaroneck,NY 105483
Hon. Lorraine Walsh and the Members
of the Board of Trustees of the Village of Larchmont
Village Hall
120 Larchmont Avenue
Larchmont,NY 10538
Re:LMC-TV with the Village of Mamaroneck
Dear Supervisor Seligson, Mayor Walsh and Members of the Town Board and Village Board:
I am writing on behalf of the Board of Trustees of the Village of Mamaroneck to bring to your
attention the unresolved issues with respect to the proposed lease agreement between the Village
of Mamaroneck and LMC-TV with respect to the Mamaroneck Village Firehouse at 147
Mamaroneck Avenue. Our request is that you respond to these issues at your earliest
convenience so that we can either move forward together to finalize the lease and the related
financial arrangements or LMC-TV can go in a different direction.
As you may recall, the Board of Trustees of the Village of Mamaroneck adopted a resolution on
October 10, 2017 authorizing the Village Manager to sign a lease between the Village and LMC-
TV. A copy of that lease is attached. The proposed lease was predicated upon a financial
arrangement described in a presentation by Trustee Potok at the September 25, 2017 meeting of
the Board of Trustees. A copy of that presentation is attached as well.
Recently, our Village Attorney met with counsel for the Town and the Village of Larchmont to
discuss a number of legal issues surrounding the proposed arrangement. The Village Attorney
advises us that the attorneys reached a consensus that there are a number of legal issues which
remain to be addressed, but that it does not appear that those issues will preclude an agreement if
the municipalities wish to move forward.
That leaves the matter squarely before us. Please let me know at your earliest convenience if
your respective municipalities are willing to move forward with the Potok proposal or some
variation of the Potok proposal that would allow LMC-TV to occupy the Mamaroneck Avenue
firehouse.
The Village Trustees and I look forward to receiving your response or to speaking with you
further about these matters at your convenience if you think that would be productive.
Very truly yours,
Thomas A. Murphy
Mayor
Village of Mamaroneck
Financing Alternatives for
LMC-TV Facility Consolidation
September 11, 2017
Prepared by Leon Potok, VOM Trustee I
Executive Summary
• LMC-TV has two options for consolidating operations into one location,
either the Old Hook & Ladder Firehouse owned by the Village of
Mamaroneck or the Town of Mamaroneck's Town Center
r Under both alternatives, LMC-TV as tenant would pay for upgrading and
customizing its new space, but the proposed lease for the Firehouse offers
the potential for recovering a portion of the upfront investment
✓ The Firehouse alternative is more expensive and cannot be financed solely
from the PEG Equipment Fund, as can the Town Center alternative
r The Firehouse alternative requires funding from the Unrestricted Fund
and the Village of Mamaroneck; NYS grants might be available as well
• LMC-TV Board prefers the Firehouse for its central location on
Mamaroneck Avenue, which affords greater public access and visibility
✓ The fundamental decision is whether the additional upfront cost for the
Firehouse is worth the advantages of its highly visible location.
r The location of LMC-TV's next home will ultimately be decided by the tri-
municipal Board of Control, which controls distributions to LMC-TV
Prepared by Leon Potok, VOM Trustee I 1
Key Terms
➢ Board of Control ("BOC") — body established by the three municipalities
(Villages of Larchmont and Mamaroneck and Town of Mamaroneck) to
negotiate with cable companies to receive and distribute franchise fees and
the ability to make universal availability of public, educational and
government ("PEG") programming. The BOC is composed of one voting
representative from each municipality.
> PEG Equipment Fund — Holds grants from cable companies that are
restricted to support PEG programming to purchases, renovation or
construction of access equipment and related needs.
➢ Unrestricted Fund — Holds undistributed franchise fees.
Prepared by Leon Potok, VOM Trustee I 2
How Much Will It Cost and How Much Is Available
➢ Upfront cost for upgrading and moving into the Firehouse adds up to nearly
$2.4 million, or $1.6 million more than moving into the Town Center.
➢ PEG Equipment Fund is too small to fully fund the Firehouse option.
Firehouse Town Center
(in $000's)
Capital Expenses
Renovate main floor and top floor 1,385 519
Cost of renovating basement level 150
Additional soft costs 20% 307 ??
Contingency 10% 154 ??
Additional cost of moving 257 257
Temporary space at Town Center 125 -
Total Facility and Moving Costs 2,378 777 +
Resources- PEG Equipment Fund
Capital Balance, 12/31/17 1,312 1,312
Surplus/(Shortfall), as of 12/31/17 (1,066) <535
Prepared by Leon Potok, VOM Trustee I 3
Historical Financial Summary — BOC Unrestricted Fund
> Over the eight years from 2010 through 2017, franchise fees from Cablevision
and Verizon have exceeded expenses by more than $2.0 million
> However, annual distributions of$350,000 have added up to $2.8 million,
eating into the Unrestricted Fund by nearly $800,000
➢ The current rate of annual distributions is not sustainable
Actual Estimated
2010 2011 2012 2013 2014 2015 2016 2017
(in thousands of dollars)
Unrestricted Fund
Total Revenues 735 806 799 806 858 866 893 910
Expenses
LMC-TV 500 500 500 515 530 580 605 657
BOC Expenses 29 31 29 42 32 34 32 32
Total Expenses 529 531 529 557 562 615 637 690
Operating Surplus 206 275 270 249 296 251 256 220
Cash to Municipalities (350) (350) (350) (350) (350) (350) (350) (350)
Net Cash Flow (144) (75) (80) (101) (54) (99) (94) (130)
Prepared by Leon Potok, VOM Trustee l 4
Historical Summary — PEG Equipment and Unrestricted Funds
> Over the eight years from 2010 through 2017, fees from Cablevision and Verizon
to the PEG Equipment Fund have exceeded spending by almost $700,000.
> On a combined basis, total fund balances fell by $100,000, from nearly $1.8
million to $1.7 million.
• Unrestricted Fund surplus was cut by $800,000
• PEG Equipment Fund surplus increased by$700,000
Actual Estimated
2009 2010 2011 2012 2013 2014 2015 2016 2017
Unrestricted Fund
Net Cash Flow (144) (75) (80) (101) (54) (99) (94) (130)
PEG Equipment Fund
Franchise Fee 130 130 130 130 130 130 130 130
Spending (20) (95) (55) (41) (2) (93) (41) (9)
Net Cash Flow 110 35 75 89 128 37 89 121
Total Fund Balances-Before Firehouse Funding
Unrestricted 1,156 1,011 936 856 755 700 601 507 377
PEG Equipment 628 738 772 848 937 1,065 1,102 1,191 1,312
Total 1,783 1,749 1,709 1,704 1,692 1,766 1,704 1,698 1,689
Prepared by Leon Potok, VOM Trustee I 5
Projected Financial Summary
> The investment in the Firehouse would require cutting back distributions to the
three municipalities, as shown below.
Estimated Projections
2017 2018 2019 2020 2021 2022
Unrestricted Fund
Operating Surplus 220 218 215 212 209 205
Cash(to)/from Municipalities (350) - - (150) (150) (150)
Net Cash Flow (130) 218 215 62 59 55
PEG Equipment Fund
Franchise Fee 130 130 130 130 130 130
Spending (9) (117) (117) (117) (117) (117)
Net Cash Flow 121 13 13 13 13 13
Total Fund Balances-Before Firehouse Funding
Unrestricted 377 595 810 872 931 986
PEG Equipment 1,312 1,325 1,339 1,352 1,366 1,379
Total 1,689 1,920 2,149 2,224 2,296 2,365
Prepared by Leon Potok, VOM Trustee I 6
Funding of Firehouse Investment
➢ The Firehouse option would require funding from the PEG Equipment Fund, the
Unrestricted Fund, and from the Village of Mamaroneck, as shown below.
Estimated Projections
2017 2018 2019 2020 2021 2022
Total Fund Balances-Before Firehouse Funding
Unrestricted 377 595 810 872 931 986
PEG Equipment 1,312 1,325 1,339 1,352 1,366 1,379
Total 1,689 1,920 2,149 2,224 2,296 2,365
VOM Firehouse Move
Capital Cost (2,378)
Sources of Funds:
PEG Equipment Fund 1,300
Unrestricted Fund 578
Village of Mamaroneck 500
Total 2,378
Total Fund Balances-After Firehouse Funding
Unrestricted 377 17 232 294 353 408
PEG Equipment 1,312 25 39 52 66 79
Total 1,689 42 271 346 419 487
Prepared by Leon Potok, VOM Trustee I 7
Financing Summary
➢ Renovation and move to Firehouse would require:
• The PEG Equipment Fund to pay for $1.3 million in capital expenses;
• Board of Control to retain almost $600,000 in the Unrestricted Fund
that could otherwise be distributed, assuming no grants are awarded;
• An investment by VOM of$500,000 for upgrading the building.
➢ If the Village of Mamaroneck is awarded a grant for upgrading the
Firehouse, the three municipalities would potentially share in the proceeds
➢ The Unrestricted Fund could potentially recover its investment in upgrading
the Firehouse
• The Board of Control will have the option to purchase the Firehouse at
a price set to the value of the Firehouse before LMC-TV's upgrades;
• If the BOC does not exercise its option, it will still potentially share in
the proceeds upon a sale of the Firehouse by VOM
Prepared by Leon Potok, VOM Trustee I 8
VOM-LMC-TV Lease — Key Financial Terms
➢ Base Rent will be set at $46,200 per year for ten years with option to renew
for another ten years at market value
➢ LMC-TV will have option to purchase Firehouse at set price, as follows:
LMC-TV's Option to Purchase
Year Base Price Value Escalation Purchase Price
1 1,100,000 2.0% 1,122,000
2 1,122,000 2.0% 1,144,440
3 1,144,440 2.0% 1,167,329
4 1,173,051 2.5% 1,196,512
5 1,202,377 2.5% 1,226,425
6 1,232,437 2.5% 1,257,085
7 1,269,410 3.0% 1,294,798
8 1,307,492 3.0% 1,333,642
9 1,346,717 3.0% 1,373,651
10 1,393,852 3.5% 1,421,729
➢ The Base Price reflects the appraised value of the Firehouse, plus the
upfront investment, and would be reduced by grants received by the VOM
Prepared by Leon Potok, VOM Trustee I 9
a
VOM Board Perspective
➢ LMC-TV has enhanced public access and participation in local government,
school and community activities
➢ Local public access programming is a valuable resource for the community
and should be financially supported by local governments
➢ LMC-TV would be an even more valuable asset by consolidating its
operations into a highly visible, central location such as the Firehouse
➢ The VOM central business district would be strengthened and revitalized
with the location of LMC-TV in the Firehouse
➢ The proposed lease provides LMC-TV a long-term home and the option to
establish a permanent presence by purchasing the Firehouse at a set price
➢ The proposed lease provides a reasonable return to taxpayers on the
Firehouse, directly through the financial terms of the lease, and indirectly
through the revitalization of a key segment of the central business district
Prepared by Leon Potok, VOM Trustee I 10
WORKSESSION1
ITEM 8
OF N 4' Town of Mamaroneck
Office of the Town Clerk, Town Center
R O
•
t , m 740 West Boston Post Road, Mamaroneck, NY
►s— ,4,
10543-3353
•FOUNDED 1661
Christina Battalia, RMC, CMC TEL:914/381-7870
Mamaroneck Town Clerk FAX:914/381-7813
CBattalia@townofmamaroneckNY.org
MEMORANDUM
DATE: January 31, 2018
TO: Town Board,Town Administrator and Assistant Town Administrator
FROM: Christina Battalia-Town Clerk
SUBJECT: Agenda Item for February 7,2018
Retirement Reporting for Elected and Appointed Officials
As required, and as the Town Board has done since 2010,Retirement Reporting for Elected and
Appointed Officials needs to be completed at the beginning of each new term. At this time the new
Town Board Members,Sabrina Fiddelman and Jeff King,will be required to maintain a three month
log of activities.That log will be accepted by the Town Board once completed and a resolution to
such will be sent to the NYS Retirement System. I have attached some information from the NYS
Retirement System to help the new Board Members understand the requirement.Additionally,
since there are new terms for elected officials,Jaine Eney and Ron Meister and the appointed
officials,Steve Altieri as Budget Officer and Tony Siligato Comptroller(their terms go along with the
term of the Supervisor),that resolution will also include either their submission of new three month
logs,or certification by those individuals that the existing three month logs on file are still reflective
of their record of activities.
I don't refute that this is a confusing requirement,and some of you may need a refresher,so I am
prepared at the next worksession to review the requirements.
Christina
Attachments
What constitutes a Time Keeping System?
For the purposes of this regulation, a time keeping system is the system used by the elected or
appointed official's employer to generate payroll, keep track of accruals and attest that,other than time
charged to accruals,full hours were worked. Some examples of these systems are hard copy time
sheets, electronic time sheets, or punch cards. These time and attendance documents should include
the signature of the employee and the signature of his/her supervisor(where applicable) as a
certification that the information is correct.
To what level of detail should the three-month Record of Activities be kept?
For elected or appointed officials who work full time with set office hours, the Record of Activities for
each month should indicate the set office hours(e.g.9-5). The level of detail required for the daily
record of activities could appear as follows:
Monday:
9:00 a.m.—12:00 p.m. (Responsibilities of my position including, but not limited to,telephone calls,
answering email, meetings, preparing reports, etc.).
1:00-5:00 p.m. (Responsibilities of my position including, but not limited to, telephone calls, answering
email, meetings, preparing reports, etc.).
Tuesday:
9:00 a.m.—12:00 p.m. (Responsibilities of my position including, but not limited to, telephone calls,
answering email, meetings, preparing reports, etc.)
1:00—5:00 p.m. (Responsibilities of my position including, but not limited to,telephone calls,answering
email, meetings, preparing reports, etc.).
This level of detail can be repeated daily. The only change would be to indicate days when the official
was out of the office sick or on personal business.
For elected or appointed officials who do not keep regular office hours, the level of detail should include
work-related activities and the associated hours as demonstrated in the Sample Record of Activities
provided by the Retirement System on its website. For example:
Monday: 1:00—2:00 p.m.,Taxpayer Meeting, 2:00—3:00 p.m., return phone calls, 12 midnight—1:00
a.m.—emergency call re: dog warden
Tuesday: 12:00—3:00—prepare speech for 4/6 luncheon, 3-4 return phone calls).
Please Note: The Record of Activities may be subject to the Freedom of Information Law(FOIL).
Therefore,we recommend that the Record of Activities include sufficient detail to identify that the time
was spent working on municipal business, but not be so detailed that confidential information might be
revealed.
Individual works full-time with additional elected or appointed part-time work
If the individual works full time, is part of a time keeping system,and does additional stipend or elected
or appointed work with the same employer s/he does not have to keep a Record of Activities for the
additional work as long as s/he continues in full-time employment. However, if employment drops
below full time or if s/he has multiple part-time positions with the same employer, s/he must keep a
Record of Activities to substantiate the basis for reporting any elected or appointed work.
If the individual works full time with one employer and has elected or appointed part-time work with
another employer, s/he must keep a Record of Activities for the elected or appointed work if s/he does
not participate in the employer's time keeping system.
Town Justices—must keep a Record of Activities if s/he does not participate in the employer's time
keeping system.
Individuals with widely differing work hours (e.g.,12 hour days at certain times of the year, but only
one hour a day at other periods in the same year)due to seasonal demands(e.g.,tax collectors and
assessors)
If the individual is paid on an annual basis, the employer can either report actual hours worked (as long
as they do not exceed the limitations of between 6 and 8 hours per day or 20 days per month)or can
average the total number of days and hours worked over the course of the entire year when calculating
what constitutes a full day's work.
Example of One Month of an Elected/Appointed Official's Record of Activities
APRIL
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
1 2
DO NOT INCLUDE ON CALL HOURS
3 1:00-2:00 taxpayer nutting 4 12:00-3:00 prepare speech 5 7 8 9
9:00-11:00 routine corresp n- 9:00.9:30 conference all 9:00-11:00 prepare speech 9:00.12:00 committee
2:00.3:00=nun phone cells for 4/6 luodteon dents with East and North and manna's for 4/11 meeting on honing
12:00 mid•1:00 emergency 3:00-4:00 return phone calls 1:00-3:00 guest speaker- Mytownu meeting
all no dog warden luncheon mtg. 9:30-12:00 prepare for meet- 11:00-12:00 routine con-
6:00-7:00 mum phone calls Mg on 4/13 respondence
1:00-2:00 return phone calls 4:004:00 anon phone calls
3 hrs. 4 hrs. 5 hrs. 4 hrs. 4 hrs. 3 hrs.
11 12 13 14 15 16
10 8:00-10:00 guest speaker 9:00-11:00 meeting with 9:00-10:0 travel to Anytown 9:00-11:00 finalize minutes 9:00-12:00 budget prepara•
breakfast meenng Rotary attorney-board issues 10:00-1:00 meeting with East of meeting 4/13 and Lion
Oub 11:00-12:00 return phone and North Anytowns distribure 12:00-1:00 taunt phone calls
1:00.2:00 routine wsrapon- calls 1:00-2:00 return travel 1:00-3:00 routine roreespon-
dence 7:00-10:00 hosed meeting 3:00-4:00 return phone alb dente
2:00-3:00 return phone calls 3:004:00 return phone calls
• 4 hrs. 6 hrs. 6 hrs. 5 hrs. 4 hrs.
17 18 19 20 21 22 23
12:004:00 maim;with 9:00-12:00 budget prepare• 10:00-12:00 routine con- 1:00-3:00 luncheon meeting 11:00-12:00 finalize repan-
attormy-prepanoon for don respondence with West Anytown don for meeting 4/25
'4/25 meeeing 1:00-3:00 preparutan for 1:00-2:00 finalise arrange- 5:00-6:00 return phone alts l:00-2:00 return phone calls
•
6:00-7:00 return phone calls meeting 4/21 meno for meeting 4/21
3:00-4:00 return phone alb 3:004:00 reams phone calls
10:002:00 crisis mating
5 hrs. 6 hrs. 7 hrs. 3 hrs. 2 hrs.
24 25 26 27 28 29 30
5:00.7:00 trawl to mating 9:00-12:00 meeting session 10:00.12:00 return ravel 11:00.12:00 budget papaya- 9:00-11:00 prepare fur bud- 12:00.2:00 routine wrnspon-
sire 1 Solid Waste Mgmt.with 1:003:00 finalise meeting Lion get meeting tonight dente
muni assn notes 12:00-2:00 opening day 12:00.1:00 return phone calls 2:003:00 return phone calls
1:00-3:00 session 2 3:00-4:00 rears phone calls ceremony Link league 7:00-10:00 budges meeting
5:00-8:00 dinner session and 3:004:00 mown phone calls
discussion
2 hrs. 8 hrs 5 hrs.• 4 hrs. 6 hrs. 3 hrs.
WORKSESSION
ITEM 9
NO ATTACHMENT
, II •Vp .tl LI V,.
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NO ATTACHMENT
REVISED
TOWN OF MAMARONECK
TOWN BOARD AGENDA
WEDNESDAY, FEBRUARY 7, 2018
THE TOWN BOARD WILL CONVENE AT 5:00PM, IN CONFERENCE ROOM A
TO DISCUSS:
1. Review of Town Fee Schedule
2. Review- Preliminary Scope of Work - Comprehensive Plan
3. Review- Proposal - Design of Madison Avenue/New Jefferson Street Intersection
4. Review - Proposed Legislation Re: Membership of Town Planning Board
5. Discussion - SCRIE Program - Senior Center Rent Increase Exemption Program
6. Review- DEIS Comments - Hampshire Country Club Proposal
7. Update - LMC-TV - Operating Space
8. Retirement Reporting for Elected & Appointed Officials
9. New Business
10. Request for Executive Session
8:00PM CALL TO ORDER-COURTROOM
PUBLIC HEARING- School Speed Zone - Murray Avenue (Murray Avenue School)
SUPERVISOR'S REPORT
CITIZEN COMMENTS
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Salary Authorization - Firefighter
3. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Adoption - 2018 Fee Schedule
2. Set Public Hearing - Local Law Re: Planning Board Membership
3. Authorization-HGAC Purchasing Cooperative
4. Review- Proposal - Design of Madison Avenue/New Jefferson Street Intersection
5. Resolution - Volunteer Firefighters & EMS Workers Option for Health Insurance
6. Authorization - Intermunicipal Agreement-Westchester County Firearms Training
7. Consideration of Certiorari
REPORT OF MINUTES-January 25, 2018
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETING - February 28, 2018 & March 7, 2018
Any physically handicapped person needing special assistance in order to attend
the meeting should contact the Town Administrator's office at 381-7810.
PUBLIC HEARING
# 1
LEGAL NOTICE
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town
Law of the State of New York, and pursuant to a resolution of the
Mamaroneck Town Board adopted on January 25, 2018 a Public Hearing
will be held on Wednesday, February 7, 2018 at 8:00 PM or as soon
thereafter as is possible at the Town Center, 740 W. Boston Post Road,
Mamaroneck, New York to consider: "Speed Limit in a School Zone on
Murray Avenue" Law.
Purpose
The Town Board has been made aware that there are conflicting speed
limit signs in the School Zone on Murray Avenue. The purpose of this law
is to create uniformity.
The full text of this document can be viewed on the website or copies can
be obtained at the Town Clerk's office during regular hours, Mon-Fri,
8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W.
Boston Post Road Mamaroneck, NY
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons
interested will be given an opportunity to be heard and that all persons
are invited to submit written comments at or prior thereto.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
CHRISTINA BATTALIA
TOWN CLERK
Published:
FIRE COMM / SSION
[TEN)
Town of Mamaroneck
From: Tony Siligato-Town Comptroller
Re: Fire Claims
Date: February 7,2018
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
MA Emergency Supply Co. Firefighter Escape training,rechargeable flashlight $ 239.99
AT&T Mobility Wireless service 12/12/17-1/11/18 $ 363.15
Atlantic Westchester Inc. Pilot Tubing,standing pilot assembly,thermocouple $ 818.96
Bound Tree Medical,LLC Adrenalin Vial 25ea/pk $ 230.00
Cablevision Cable Services for 1/23/18-2/22/18 $ 212.70
Cit Xerox Copier Contract 1/22/18 $ 277.89
Con Edison Fire HQ svc 11/29/17-12/29/17 $ 887.02
Fire-End&Croker Corp. Gauntlet Super Glove Med. $ 116.00
Goosetown Enterprises,Inc. Radio Repair $ 200.00
Miner VA Cleaners Turnout gear repairs for J.Vacchio $ 139.00
Ready Refresh Rental for Water Coolers at FD HQ 12/19/17-1/18/18 $ 122.96
Town of Mamaroneck PFFA Life Insurance for Career Staff of 12 for the Month of January 2018,two pay periods $ 282.96
Town of Mam'k Fire Dept. Officer's Meeting 1/25/18-meals $ 636.80
UniFirst Corporation Cleaning supplies for building 1/26&1/19/18 $ 122.00
Verizon Fire HQ svc 1/10/18-2/9/18 $ 257.76
WJWW 205 Weaver ST Chgs 11/25/17-12/24/17 $ 79.21
$ -
$ -
$ -
$ -
$ -
Total: $ 4,986.40
FIRE COMMISSION
ITEM 2
o� - ,9 3 TOWN OF MAMARONECK
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FOUNDED 1661 TEL: 914/381-7810•
OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809
townadministrator @townofmamaroneck.org
TO: Board of Fire Commissioners
Stephen Altieri, Town Administrator
FROM: Connie Green O'Donnell, Assistant Town Administrator
DATE: February 5, 2018
SUBJECT: Authorization to Appoint a Firefighter
Authorization is requested to appoint Corey Owen as a Firefighter to fill a vacant position.
Mr. Owen's transfer has been approved by Westchester County Human Resources.
In accordance with the Firefighter's Collective Bargaining Agreement, the annual salary for
firefighters who transfer, may be higher than the starting salary of $42,000. Based on such,
Fire Chief Tortorella is recommending that Mr. Owen's starting salary be $52,787, which
includes the first step salary increment that is normally paid at a firefighter's one year
anniversary date. The salary and benefit costs are reflected in the 2018 budget.
Mr. Owen is currently working as a Firefighter at the Pleasant Valley Fire Department and
was appointed to that position in November 2016. He also served as a volunteer firefighter
for four years before being hired by the Fire Department. Prior to his appointment, he worked
as an Emergency Room Technician at Vassar Brothers Medical Center for two and a half
years. Mr Owen's training includes, but not limited to; Recruit Fire Training, Emergency
Medical Technician, Ice Recue Technician. In addition, he holds the following certifications;
Firefighter Assist and Search Team (FAST), Traffic Crash Scene Evidence Preservation for
First Responders, Firefighter Survival and Courage to be Safe.
The Chiefs and members of the Fire Council are of the opinion that Mr. Owen's professional
experience will be an asset to the operations of the Fire Department and are recommending
that he be appointed to the position of Firefighter.
Action Requested: That the Board of Fire Commissioners approve the appointment of Corey
Owen to the position of Firefighter at an annual salary of$52,787 no later than March 2, 2018.
FIRE COMMISSION
ITEM 3
NO ATTACHMENT
AFFAIRS OF THE TOWN
rrEm 01
Documents
Under
Work Session 1
AFFAIRS OF THE TOWN
ITEM 2
Documents
Under
Work Session 4
AFFAIRS OF THE TOWN
ITEM 3
. v Town of Mamaroneck
o
w
o Z m Town Center
1 R 740 West Boston Post Road, Mamaroneck, NY 10543-3353
FOUNDED 1661
TEL: 914/381-7810
OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809
Memorandum
townadministrator @townofmamaroneck.org
To: Supervisor and Town Board/Board of Fire Commissioners
Re: HGAC Buy- Purchasing Cooperative
Date: February 2, 2018
The Town of Mamaroneck and the Town Fire District often purchase equipment and
vehicles through New York State Contracts and competitive bidding. Purchasing is also
conducted through Federal General Services Administration Contracts. Traditionally
large pieces of equipment are purchased through competitive bidding.
In 2013 the New York State Legislature amended General Municipal Law Section 103 to
permit local governments in the State to "piggyback" onto contracts let by the United
States or any agency thereof, any state or any other political subdivision. The
legislation was intended to give local governments more flexibility and to alleviate the
time and administrative effort associated with competitive bidding. Attached is a
memorandum prepared by the New York State Comptroller explaining the "Piggyback
Law" adopted by the Legislature.
The Town has identified a cooperative purchasing program known as HGAC Buy. HGAC
Buy is established in the State of Texas as a local political subdivision. It is considered
an eligible agency for which the Town can "piggyback" on contracts issued by the
cooperative. We became aware of the cooperative as part of the Town Fire District's
search for a new ladder truck. There are over 100 local governments and agencies in
New York State that are participating in HGAC Buy. The City of White Plains, Village of
Brewster and Village of Scarsdale have purchased fire apparatus through the
cooperative.
The cooperative will be an excellent purchasing option for the Town. Aside from fire
apparatus, the cooperative competitively bids for other vehicles, computer equipment
and construction equipment. Again joining this cooperative provides the Town multiple
options for purchasing items at the best price.
ACTION REQUESTED: THAT THE TOWN BOARD ABOARD ADOPT THE ATTACHED
RESOLUTION FOR THE TOWN TO JOIN THE HGAC BUY PURCHAING COOPERATIVE
AND THAT THE TOWN ADMINISTRATOR IS AUTHORIZED TO EXECUTE CONTRACTS
TO JOIN THE COOPERATIVE SUBJECT TO REVIEW BY THE TOWN ATTORNEY
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Stephen V. Altieri
Town Administrator
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STATE OF NEW YORK
OFFICE OF THE.STATE COMPTROLLER
110 STATE STREET
ALBANY,NEW YORK 12236
November 2013
To: Chief Fiscal Officers
Subject: New "Piggybacking" Law -Exception to Competitive Bidding (Updated)
Please provide copies of this bulletin to others who may need this information.
Background
Effective August 1, 2012, a new subdivision 16 was added to General Municipal Law (GML) §
103 to authorize political subdivisions and districts therein to purchase apparatus, materials,
equipment and supplies, and to contract for services related to the installation, maintenance or
repair of those items, through the use of contracts let by the United States or any agency thereof,
any state or any other political subdivision or district therein. The contract must be made
available for use by other governmental entities.
This exception to GML § 103 (1), as originally enacted, provided that the contract must have
been let in a manner that constitutes competitive bidding consistent with state law. GML § 103
(16)was amended by chapter 497 of the Laws of 2013, to provide that the contract must be let
either to the lowest responsible bidder or on the basis of best value in a manner consistent with
GML § 103. The amendment to subdivision 16 became effective on November 13, 2013. GML
§ 103 (16), as amended, is scheduled to expire on August 1, 2017. Political subdivisions (other
than New York City) that wish to make procurements under GML § 103 (16)through the use of
a contract let on the basis of best value must have first authorized the use of best value for
awarding their own purchase contracts by local law, or in the case of district corporations (e.g.
fire districts), school districts and BOCES, rule,regulation, or resolution. This authorization
may be accomplished by the adoption of a single local law or single rule, regulation, or
resolution. The stated purpose of GML § 103 (16) is to reduce administrative and product cost,
and increase efficiencies.'
Many local governments have been approached by vendors offering goods and services under
other governmental contracts and, in some cases, vendors have asserted that the contract falls
within the exception in GML § 103 (16). It is the responsibility of local officials to review each
proposed procurement to determine, on advice of the local government's counsel as appropriate,
whether the procurements falls within the exception. To assist local government officials in
undertaking this review, we offer the following guidance.
1
Three Prerequisites
There are three prerequisites that must be met in order for a procurement of apparatus, materials,
equipment and supplies, and related installation,repair and maintenance services, to fall within
this exception:
(1)The contract must have been let by the United States or any agency thereof,any state
or any other political subdivision or district therein. Therefore,there must be an
underlying contract let by one of the listed governmental entities. Contracts developed
for use by local governments that are let by private parties (e.g., a private company,
association or not-for-profit corporation is the party awarding the contract to the vendor),
and not by the United States or any agency thereof, any state or any other political
subdivision or district therein, would not fall within the exception.2
The phrase "any state or other political subdivision or district therein"clearly includes
other states, and political subdivisions in other states. In our view, it also includes New
York State political subdivisions. Therefore, in addition to the current competitive
bidding exception for certain purchases through contracts of New York State counties
(County Law§ 408-a; GML § 103 [3]), local governments also may purchase through
qualifying contracts let by other New York State political subdivisions under this
exception.
(2)The contract must have been made available for use by other governmental entities.
This means that the other governmental entity has taken steps to make its contract
available for New York local governments. In general,this would occur by inclusion in
the contract let by the other entity of a clause extending the terms and conditions of the
contract to other governmental entities. Unilateral offers by vendors to extend contract
pricing and other terms and conditions would not fall within the exception.
(3)The contract must have been "let to the lowest responsible bidder or on the basis of
best value in a manner consistent with this section." The term "consistent with this
section"refers to General Municipal Law § 103 (and related case law)applicable to New
York State political subdivisions. The purchasing local government would need to obtain
background information on the procedures used to let the contract and, as necessary,
consult with its counsel,to determine whether this prerequisite is met. Additional
guidance on complying with this prerequisite follows.
Determining Consistency with GML & 103
In order for a non-New York contract to have been let to the lowest responsible bidder or on the
basis of best value(competitive offering)3 in a manner"consistent"with GML § 103, the
2
procedures used by that government need not be exactly the same as those under GML § 103.
Rather,the procedures for letting the non-New York contract must be in harmony or general
agreement with,and further the same principles as the competitive bidding or best value
requirements of GML § 103.4 In this regard,the courts in this state have stated that the
underlying purposes of GML § 103 are to guard against favoritism, improvidence, extravagance,
fraud and corruption, and to foster honest competition in order that the local government may
obtain the best goods and services at the lowest possible price to protect the public fisc.5
Based on the provisions of GML § 103 as construed by the courts in this State, and the
underlying purposes of GML § 103,we believe there are four fundamental elements that should
be present in the procedures used by the non-New York entity in letting its contract in order for
the process to have been let to the lowest responsible bidder or on the basis of best value
consistent with GML § 103. These elements are:
• Public solicitation of bids or, in the case of best value, offers. A public solicitation is
consistent with the statutory advertising requirement in GML § 103,6 and serves to
ensure that the purposes of GML § 103 are furthered.
• Submission of sealed bids or offers,or analogous procedures to secure and preserve
the integrity of the process and confidentiality of the bids or offers submitted. A
secure competitive bidding or best value process is consistent with the sealed
competitive bidding and competitive offering requirements of GML § 1037 and helps
foster honest competition and guard against collusion.
• Preparation of specifications,or a similar document that provides a common standard
for bidders or offerers to compete fairly. Consistent with the purposes of GML § 103,
the contracting entity, in advance of the submission of bids or offers,should convey
the nature of the goods or services and other information necessary for prospective
bidders or offerers to make an intelligent evaluation and bid or offer,without being
unduly restrictive.8 In the case of a best value process,this generally should include a
description of the manner in which the evaluation of the offers and award of the
contract will be conducted and,as appropriate, identify the relative importance or
weight of price and non-price factors.9
• Award to the lowest bidder who materially or substantially meets the bid
specifications and is determined to be a responsible bidder,or in the case of a best
value process,an award to the responsive and responsible offerer 1° which optimizes
quality, cost and efficiency, reflecting objective and quantifiable analysis, whenever
possible.1' A contract awarded through a negotiation process would not be
consistent with the requirements and purposes of awarding to the lowest responsible
bidder or on the basis of best value in a manner consistent with GML § 103.
3
Other Factors to Consider; Internal Controls.
• Contractual Relationship. By placing an order with the contract vendor, the
purchasing local government generally will be entering into a contractual relationship
with that vendor in accordance with the terms and conditions of the contract.
Accordingly, local officials, in consultation with the attorney for the local
government as necessary, should carefully review those terms and conditions before
making the purchase. In some cases, the contract may have been let in a manner
consistent with GML § 103,but the terms and conditions of the contract may conflict
with other New York State laws or regulations.12 This could result in the local
government being unable to use the contract.
• Audit of Claims. The payment to the contract vendor will be subject to standard
procedures for claims processing, including audit of claims procedures.
• Cost Savings Justification. Unlike recent amendments to GML §§ 103 (3)and 104
pertaining to county and certain federal contracts(e.g L 2003, ch 62; L 2011, ch 97),
GML § 103 (16)does not expressly require local governments to consider whether
the contract will result in cost savings. Nonetheless, local officials should perform a
cost-benefit analysis before utilizing this exception. This will help ensure that the
local government is furthering the underlying purposes of the new law, and that the
procurement is consistent with the purposes of GML § 103. The analysis should be
used to demonstrate whether"piggybacking"is cost effective and should consider all
pertinent cost factors, including any potential savings on the administrative expense
that would be incurred if the local government initiated its own competitive bidding
or best value process.
• Documentation. Local governments should maintain appropriate documentation to
allow for a thorough review of the decision to use this exception to competitive
bidding by local government officials, external auditors and taxpayers. This
documentation may include such items as copies of the contract, analysis of the
contract to ensure it meets the three prerequisites stated above, and cost savings
analysis including consideration of other procurement methods.
Procurements Below the Bidding Monetary Threshold;Policies and Procedures
As noted, GML § 103 (16)provides an exception to the requirements of subdivision one of that
section. However, procurements that are below the monetary thresholds set forth in Section 103
(1)13(or otherwise fall within another exception,such as emergency purchases)14 already are
exempt from the requirements of GML § 103. Those procurements, instead,are subject to the
local government's own procurement policies and procedures adopted pursuant to GML § 104-b.
Therefore,whether a local government may make purchases that are below the statutory
thresholds by"piggybacking"on contracts let by governmental entities listed in GML § 103 (16)
will be governed by the local government's own procurement policies.l5
4
Please feel free to contact Mark Stevens in our Division of Legal Services (518-402-4437)with
legal questions, and the State Comptroller's regional office that serves your local government
with internal control and documentation questions.
End Notes
NY Senate and Assembly Mems in Support of S.5525-C/A.8034-C,2012. The amendment also states that the
authority provided in GML§ 103(16)does not relieve any obligation of the local government to comply with any
applicable M/WBE business enterprise mandates and the preferred source requirements of State Finance Law§ 162.
2 In 2011,the GML was amended to permit political subdivisions to participate in two specific federal contract
extension programs("Supply Schedule 70"and "Section 1122")as exceptions to the requirements of GML§ 103
(GML§§ 103 [1-b], 104[2]). GML§ 104(2)was further amended by chapter 497 of the Laws of 2013 to provide
that political subdivisions,as exceptions to the requirements of GML§ 103,may make use of several additional
federal programs made available to local governments(local preparedness acquisition act["Schedule 84"];section
833 of the John Warner national defense authorization act for fiscal year 2007;and federal supply schedule usage
act of 2010).These exceptions,which are separate from,and not subject to the prerequisites of GML§ 103(16),are
scheduled to sunset on June 24,2014. Any other federal contracts are subject to the prerequisites of GML§ 103
(16).
3 The"lowest responsible bidder"requirement dictates that the contract award is made to the low price bidder who is
determined to be a responsible bidder see ems.AAA Carting v Town of Southeast, 17 NY3d 136). As an alternative
to lowest responsible bidder awards,GML§ 103 allows political subdivisions,by local enactment,to make awards
of certain purchase contracts to"responsive and responsible"vendors on the basis of"best value,"as defined in
State Finance Law§ 163. "Best value"is defined in State Finance Law§ 163 as a basis for awarding a contract to
the offerer which optimizes quality,cost and efficiency among responsive and responsible offerers,reflecting,
whenever possible,objective and quantifiable analysis. The definition of"best value"provides that"[s]uch basis
may also identify a quantitative factor for offerers that are small businesses or certified minority-or women-owned
business enterprises as defined in subdivisions one,seven,fifteen and twenty of section three hundred ten of the
executive law to be used in evaluation of offers for awarding of contracts for services."Political subdivisions,other
than New York City,are required to first authorize the use of best value awards by local law,or in the case of
district corporations(ems.fire districts),school districts and BOCES,by rule,regulation,or resolution.The
amendments to GML§ 103 which added the best value option(L 2011,ch 608 as amended by L 2012,ch 2)
distinguished the best value process from competitive bidding,referring to the best value process as a"competitive
offering"(GML§ 103 [1-a],[4],[6],[7];see also GML§ 103,section heading).
4 See e.g.Stocker v Sheehan, 13 AD3d 1.
5 See ez AAA Carting v Town of Southeast, 17 NY3d 136;Associated General Contractors v New York State
Thruway Authority,88 NY2d 56;Jered v NYCTA,22 NY2d 187;see also GML§ 100-a.
6 See GML§ 103(2).
See GML§§ 103(1),(5).
8 See gg.AAA Carting v Town of Southeast, 17 NY3d 136;Browning-Ferris v City of Lackawanna,204 AD2d
1047;Progressive Dietary v Wyoming County,90 AD2d 214;Matter of L&M Bus Corp.v New York City Dept.
of Educ., 17 NY3d 149;Gerzof v Sweeney, 16 NY2d 206.
9 See State Finance Law§ 163(9)(b);see also footnote 11 for a discussion on non-price factors.
1°Whether a bidder or offerer is"responsible"involves a factual,case by case examination into a bidder's
background,assessing factors such as a bidder's capacity and financial ability to complete the contract,
accountability,reliability and integrity(me t&DeFoe v New York City,87 NY2d 754;Abco Bus v Macchiorola,
75 AD2d 831 reed on dissent 52 NY2d 938; State Finance Law§ 163 [1][c]). The New York Court of Appeals has
held that,as a matter of due process,a bidder is entitled to reasonable notice and a timely and adequate opportunity
to be heard before a determination of non-responsibility is made(LaCorte v County of Rensselaer,80 NY2d 232).
In addition,the New York courts have distinguished between the case by case determination of responsibility and
the authority to debar or suspend bidders from future contracts see g.Callanan v White, 118 AD2d 167 Iv denied
123 AD2d 462 and 69 NY2d 601). There is only limited authority in New York to debar bidders from future
contracts(g Labor Law§220-b,235). There is,however,authority for bidders on contracts for public work to be
"pre-qualified"under certain circumstances(GML§ 103[15]).For purposes of a contract that has been awarded on
the basis of best value,a"responsive"offerer is an offerer meeting the minimum specifications or requirements as
prescribed in the procurement solicitation(see State Finance Law§ 163 [1][d]). Consistent with the best value
5
requirements of GML§ 103,no political subdivision,other than New York City,may use a contract awarded on the
basis of best value unless the political subdivision has first adopted a local law,rule,regulation or resolution,as the
case may be,in accordance with GML§ 103(1),authorizing the use of best value for awarding purchase contracts.
11GML§ 103(1);SFL§ 163(1)(j). With respect to whether a contracting entity has let a contract on the basis of
best value in a manner consistent with GML§ 103,the contracting entity may have considered non-price factors
when awarding the purchase contract,such as reliability of a product,efficiency of operation,difficulty/ease of
maintenance,useful lifespan,ability to meet needs regarding timeliness of performance,and experience of a service
provider with similar contracts. To ensure that,whenever possible,there has been an objective and quantifiable
analysis consistent with the requirement under GML§ 103(1)and SFL§ 163(1)(j),as a rule,the contracting entity
should have used a cost-benefit analysis or other similar process to demonstrate quantifiable value or savings from
non-price factors that offset the price differential of the rejected lower price offer(see eg Matter of Transactive v
New York State Department of Social Services,236 AD2d 48 affd on other grounds 92 NY2d 579. If the
contracting entity let the best value contract based on criteria that was not objective and quantifiable,some form of
justification should be provided see State Finance Law§ 163[9][a]).
12 For example,an out-of-State contract may require advance payment to the vendor. With limited exceptions,local
governments may not pay a claim for goods or services prior to audit and approval by the claims auditing body or
official,or prior to the receipt of goods or services see Town Law§ 118;Village Law§5-524[4];County Law
§369[2];Education Law§ 1724;8[A-2]NYCRR§ 170.2[k]).Therefore,such a clause may conflict with New
York State statutes.
13 The monetary threshold is$20,000 for purchase contracts,and$35,000 for contracts for public work,calculated as
prescribed in GML§ 103(1).
14 See GML§ 103(4).
15 GML§ 104-b generally requires that the procurement policies and procedures provide for obtaining alternative
proposals or quotations when a procurement is not subject to bidding requirements(GML§ 104-b[2][b]). The
procurement policies,however,may set forth circumstances when,or types of procurements for which,in the sole
discretion of the governing body,the solicitation of alternative proposals or quotations will not be in the best interest
of the local government(GML§ 104-b[2][g]). Local officials should undertake the same type of cost-benefit
analysis and documentation as discussed above before permitting an exception to the local government's
procurement policies and procedures for these contracts. Local officials also should review and,as necessary,
update the policies and procedures to ensure that use of this new exception for procurements above the bidding
threshold is consistent with the relevant policies and procedures,and that provisions for cost savings justification
and documentation to support the use of"piggybacking"as an exception to bidding are incorporated.
6
WHEREAS, General Municipal Law§103 authorizes the Town to purchase apparatus,
materials, equipment and supplies, including vehicles, and to contract for services
related to the installation, maintenance or repair of those items, through the use of
contracts let by the United States or any agency thereof, any state or any other political
subdivision or district therein so long as the contract is let in a manner that constitutes
competitive bidding consistent with state law; and
WHEREAS, the Houston-Galveston Area Council (HGAC BUY), a political subdivision
of the state of Texas, issues public competitive bids and awards contracts for public
safety, public works, and communication products and services, which are made
available to local governments nationwide through HGAC Buy; and
WHEREAS, HGAC's competitive bidding process is consistent with New York State
law in that it publicly advertises each contract and bid specifications, evaluates and
selects the contract award based on the lowest responsible bidder or best value
standard; both methods are also authorized under New York State law, and with
specific regard to best value, was authorized within the City pursuant to Local Law;
and
WHERAS, over 100 municipalities and agencies in New York State are members of
the HGAC purchasing cooperative.
WHEREAS, to purchase through HGAC, Town Board must authorize the Town's entry
into an Inter-local contract for Cooperative Purchasing, and there is no fee for entering
into the agreement as the service is supported through administrative fees assessed
to the contractors; now, therefore be it
RESOLVED, that the Town Administrator is authorized to execute an agreement
between the Town of Mamaroneck and HGAC BUY subject to review of the
agreement by the Town Attorney.
AFFAiRS OF THE TOWN
ITEM 4
Documents
Under
Work Session 3
AFFAIRS OF THE TOWN
ITEM 5
o o Town of Mamaroneck
W m Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
FOUNDED
7GG1 ) )
TEL: (914) 381-7812
OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809
cgreenodonnell @townofinamaroneckny.org
TO: Stephen Altieri, Town Administrator
Nancy Seligson, Town Supervisor
Town Board Members
FROM: Connie Green O'Donnell, Assistant Town Administrator
DATE: January 31, 2018
SUBJECT: Healthcare Coverage for Volunteer Firefighters and Ambulance Workers
In 2010 Civil Service Law was amended to extend New York State Health Insurance Program
(NYSHIP) eligibility to include "active" members of volunteer fire and volunteer ambulance
companies.
The volunteer firefighters' benefit law defines a volunteer firefighter as an "active volunteer
member of a fire company." The law also defines a volunteer ambulance worker as "an active
volunteer member of an ambulance company as specified on a list regularly maintained by that
company." Active volunteers who choose to elect NYSHIP coverage, either individual or family,
would be responsible for paying the entire cost for such coverage.
Since the Town of Mamaroneck is a Participating Agency of NYSHIP, we are permitted to provide
coverage to volunteer firefighters and ambulance workers, however, we are not required to do so.
Agencies that elect to provide such coverage must complete and submit the attached form to
NYSHIP's Employee Benefits Division.
Recently there was an inquiry from a volunteer firefighter about the possibility of obtaining
healthcare coverage through the Town. After researching whether the Town Board has passed a
resolution it was learned that the matter was brought before the Town Board at a Work Session in
October 2010. At the meeting Councilwoman Wittner, who also served at the liaison to the Fire
Commission, was asked to obtain feedback from the volunteers. There is no record of any follow-
up conversation by the Town Board regarding this matter.
The volunteer firefighter, who inquired about participating in the Town's healthcare plan, informed
me that he decided to continue with the coverage he had previously. However, he might want to
enroll in the Town's plan at a later date.
ACTION REQUESTED: That the Town Board authorize the Town Administrator to execute
the Notice of Election to Extend NYSHIP Coverage to Volunteer Firefighters and/or
Ambulance Workers form, indicating both volunteer groups would be eligible to enroll and an
effective date of March 1, 2018.
EMPLOYEE BENEFITS DIVISION
State of New 01;:ft,.11,j, Department of Civil Service Notice of Election to Extend NYSHIP Coverage to
I1 Alfred E.Smith State Office Bldg. Volunteer Firefighters and/or Ambulance Workers
Albany,NY 12239
The ,as a Participating Agency in the
Name of Agency
New York State Health Insurance Program, does hereby notify the Employee Benefits Division that it has
elected to extend coverage to active volunteer firefighters and/or active volunteer ambulance workers
pursuant to Subdivision 7 of Section 92-a of the General Municipal Law and Subdivision 2 of Section 163 of
the Civil Service Law. We agree to provide all administrative functions related to this extension of coverage.
This extension of coverage is effective
Date
Coverage will be extended to the following volunteer fire and/or ambulance companies (please list):
Agency CEO's Signature
Print Name
Title
Agency Code
Date
AFFAIRS OF THE TOWN
ITEM 6
9v
' Tip
Town of Mamaroneck
ti
rr Town Center
x
•rOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353
TEL: (914) 381-7812
OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809
cgreenodonnell@townofmamaroneckny.org
TO: Stephen Altieri, Town Administrator
Nancy Seligson, Town Supervisor
Town Board Members
FROM: Connie Green O'Donnell, Assistant Town Administrator
DATE: January 31, 2018
SUBJECT: Westchester County's Inter-municipal Agreement — Firearms Training
The Town's Police Department has, in the past, used Blue Mountain Reservation, which is a
Westchester County outdoor firearms training facility. The fee charged for training is $1,000
per week/$200 per day. With the exception of last year, the Police Department normally
schedules two five-day training sessions each year.
This year the firearms training is scheduled for the week of April 161h through April 20th at
the Westchester Academy Firearms Range in Valhalla, also owned by Westchester County.
However, this is an indoor training facility and is considered a state-of-the-art firing range
that has an advanced targeting system.
According to Exec. Lt. Koziak, the Town's Police Department has accumulated "credits" and
therefore, will not be charged for the training. The "credits" were given to the Town for their
having provided Police Officers to conduct firearms training sessions at the Academy over
the past few years.
In order to use the facility, Westchester County requires that the attached Inter-municipal
Agreement (IMA) be executed. The Town Attorney has reviewed the IMA and has found it
to be acceptable.
ACTION REQUESTED: That the Town Board authorize the Town Administrator to execute
Westchester County's Inter-municipal Agreement which would permit the Town's Police
Department to utilize the Westchester Academy Firearms Range in Valhalla.
THIS AGREEMENT made this day of , 2017 by and between:
THE COUNTY OF WESTCHESTER, a municipal corporation of the State of
New York, having an office and place of business in the Michaelian Office
Building, 148 Martine Avenue, White Plains, New York 10601
(hereinafter referred to as the "County") Acting by and through the Westchester
County Department of Public Safety Services (hereinafter referred to as the
"Department")
and
a municipal corporation of the State of
New York having an office and place of business at
, New York
(hereinafter referred to as the "Municipality")
WHEREAS, the County has a firing range facility("Firing Range") located in Valhalla,
New York. This eighteen (18) point state-of-the-art Firing Range has an advanced targeting
system and can accommodate duty side arms and most patrol rifles carried by law enforcement
personnel in this County; and
WHEREAS, Municipality desires to send its public safety employees to the Firing
Range for training purposes upon the terms and conditions set forth below.
NOW,THEREFORE, in consideration of the terms and conditions herein contained, the
parties agree as follows:
Section 1. The County and the Municipality agree that the Municipality may utilize
the Firing Range by sending public safety employees to the Firing Range for firearms training,
subject to availability. The Municipality may utilize the Firing Range during the hours of 8:00
am to 4:00 pm, or 4:00 pm to 12:00 am. Advance reservations will be required in order to use
the Firing Range. The Municipality must contact the County by telephone to determine
1
availability and make a reservation at least forty-eight(48) hours prior to the desired firearms
training session. The Municipality, twenty-four (24) hours prior to the reservation date, shall
send, via facsimile, a written confirmation letter to the County specifying the dates and times
reserved. The Firing Range telephone number is (914) 231-4381 &facsimile number is (914)
231-4389.
Section 2, In exchange for the use of the Firing Range, which will be staffed by a
Department safety officer, the Municipality shall pay a flat fee of Six Hundred and Thirty
($630.00) Dollars per eight hour tour, for a maximum number of 36 officers in attendance. The
Firing Range shall be operated under the direction of the safety officer. The Municipality shall
adhere to all instructions issued by the Department's safety officer. A Municipality shall have the
option of requesting the Department provide a firearms instructor to assist with the training
process of its employees. If the Municipality requests a firearms instructor, the Municipality shall
pay an additional fee equal to $80.79 per hour or $646.32 per eight hour tour. Any one attending
the Firing Range shall be responsible to bring his/her own weapons and ammunition.
The County shall send an invoice to the Municipality not later than the 15th day of the
month following the month in which the services were provided by the County. The
Municipality shall pay any such invoice within thirty (30) days of receipt thereof.
Section 3, The Municipality agrees to procure and maintain insurance naming the
County as additional insured, as provided and described in Schedule "A", entitled "Standard
Insurance Provisions", which is attached hereto and made a part hereof. In addition to, and not in
limitation of the insurance provisions contained in Schedule "A", the Municipality agrees:
(a)that except for the amount, if any, of damage contributed to, caused by, or
resulting from the negligence of the County, the Municipality shall indemnify and hold harmless
the County, its officers, employees and agents from and against any and all liability, damage,
claims, demands, costs,judgments, fees, attorney's fees or loss arising directly or indirectly out of
the performance or failure to perform hereunder by the Municipality or third parties under the
direction or control of the Municipality ; and
2
(b)to provide defense for and defend, at its sole expense, any and all claims, demands or
causes of action directly or indirectly arising out of this Agreement and to bear all other costs and
expenses related thereto.
Section 4. In no event shall the County have any obligation to the Municipality or its
employees for any claim raised or benefits provided pursuant to New York General Municipal Law
Section 207-c.
Section 5. This term of this Agreement shall commence upon execution and continue in
full force and effect for five (5)years.
Section 6. This Agreement may be terminated by either party by giving written notice of
the termination to the other party not less than thirty(30) days prior to the effective date of such
termination.
Section 7. All notices of any nature referred to in this Agreement shall be in writing
and either sent by registered or certified mail postage pre-paid, or sent by hand or overnight
courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by
overnight courier), to the respective addresses set forth below or to such other addresses as the
respective parties hereto may designate in writing. Notice shall be effective on the date of receipt.
To the County:
Commissioner- Sheriff of Public Safety
Saw Mill River Parkway
Hawthorne, New York 10532
With a copy to:
County Attorney
Michaelian Office Building, Room 600
148 Martine Avenue
White Plains, New York 10601
To the Municipality:
3
Section 8. The failure of either party to insist upon strict performance of any term,
condition or covenant herein shall not be deemed a waiver of any rights or remedies that the party
may have, and shall not be deemed a waiver of any subsequent breach or default in the terms,
conditions or covenants herein.
Section 9, This Agreement and its attachments constitute the entire Agreement between
the parties with respect to the subject matter hereof and shall supersede all previous negotiations,
commitments and writings. It shall not be released, discharged, changed or modified except by an
instrument in writing signed by a duly authorized representative of each of the parties.
In the event of any conflict between the terms of this Agreement and the terms of any
schedule or attachment hereto, it is understood that the terms of this Agreement shall be
controlling with respect to any interpretation of the meaning and intent of the parties.
Section 10. The Municipality and the County agree that the Municipality and its officers,
employees, agents, Municipalities, subconsultants and/or consultants are independent
contractors and not employees of the County or any department, agency or unit thereof. In
accordance with their status as independent contractors, the Municipality covenants and agrees
that neither the Municipality nor any of its officers, employees, agents, contractors, sub
consultants and/or consultants will hold themselves out as, or claim to be, officers or employees
of the County or any department, agency or unit thereof.
Section 11. Nothing herein is intended or shall be construed to confer upon or give to any
third party or its successors and assigns any rights, remedies or basis for reliance upon, under or
by reason of this Agreement, except in the event that specific third party rights are expressly
granted herein.
Section 12. This Agreement shall be construed and enforced in accordance with the laws
of the State of New York. In addition, the parties hereby agree that for any cause of action arising
out of this Agreement shall be brought in the County of Westchester.
If any term or provision of this Agreement is held by a court of competent
jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of
this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted
by applicable law, any such term, or provision shall be restricted in applicability or reformed to the
minimum extent required for such to be enforceable. This provision shall be interpreted and
enforced to give effect to the original written intent of the parties prior to the determination of
such invalidity or unenforceability.
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Section 13. This Agreement shall not be enforceable until signed by both parties and
approved by the Office of the County Attorney.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
THE COUNTY OF WESTCHESTER
By
George N. Longworth
Commissioner -Sheriff
Department of Public Safety
MUNICIPALITY
By,
(Name and Title)
Approved by the Westchester County Board of Legislators by Act No. 2014-152 on September 8,
2014.
Approved by the Board of Acquisition and Contract of the County of Westchester on the 16th day
of October, 2014.
Approved as to form and
Manner of execution:
Associate County Attorney Date
County of Westchester
s/a/dps/firing range/Firing Range IMA Final doc
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MUNICIPALITY'S ACKNOWLEDGEMENT
STATE OF NEW YORK )
ss.:
COUNTY OF WESTCHESTER )
On this day of , 2017, before me personally came , to me
known, and known to me to be the of
the municipal corporation described in and which executed the within instrument, who being by
me duly sworn did depose and say that he/she, the said
resides at and that he/she is the
of said municipal corporation.
Notary Public County
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CERTIFICATE OF AUTHORITY
(Municipality)
I, , certify that I am the
(Officer other than officer signing contract) (Title)
of the (the "Municipality") a corporation duly
(Name of Municipality)
organized in good standing under the
(Law under which organized, e.g., the New York Village Law, Town Law, General Municipal Law)
named in the foregoing agreement that who signed said
(Person executing agreement)
agreement on behalf of the Municipality was, at the time of execution of
(Title of such person),
the Municipality, that said agreement was duly signed for on behalf of said Municipality by
authority of its thereunto duly authorized,
(Town Board, Village Board, City Council)
and that such authority is in full force and effect at the date hereof.
(Signature)
STATE OF NEW YORK )
ss.:
COUNTY OF WESTCHESTER)
On this day of , 2017, before me personally came
whose signature appears above, to me known, and know to be the
of , the municipal corporation
(Title)
described in and which executed the above certificate, who being by me duly sworn did depose
and say that he, the said
resides at , and that he/she is the
of said municipal corporation.
(Title)
Notary Public County
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SCHEDULE"A"
STANDARD INSURANCE PROVISIONS
(M UNICIPALITY Flring Range Agreement)
1. Prior to commencing work, the Municipality shall obtain at its own cost and expense
the required insurance from insurance companies licensed in the State of New York, carrying a
Best's financial rating of A or better, and shall provide evidence of such insurance to the County of
Westchester, as may be required and approved by the Director of Risk Management of the County.
The policies or certificates thereof shall provide that thirty days prior to cancellation or material
change in the policy, notices of same shall be given to the Director of Risk Management of the
County of Westchester by registered mail, return receipt requested, for all of the following stated
insurance policies. All notices shall name the Municipality and identify the Agreement.
If at any time any of the policies required herein shall be or become unsatisfactory to
the County, as to form or substance, or if a company issuing any such policy shall be or become
unsatisfactory to the County, the Municipality shall upon notice to that effect from the County,
promptly obtain a new policy, submit the same to the Department of Risk Management of the
County of Westchester for approval and submit a certificate thereof. Upon failure of the
Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the
County, may be declared suspended, discontinued or terminated. Failure of the Municipality to
take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve
the Municipality from any liability under the Agreement, nor shall the insurance requirements be
construed to conflict with or otherwise limit the contractual obligations of the Municipality
concerning indemnification. All property losses shall be made payable to and adjusted with the
County.
In the event that claims, for which the County may be liable, in excess of the insured
amounts provided herein are filed by reason of any operations under the Agreement,the amount
of excess of such claims or any portion thereof, may be withheld from payment due or to become
due the Municipality until such time as the Municipality shall furnish such additional security
covering such claims in form satisfactory to the County of Westchester.
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2. The Municipality shall provide proof of the following coverage (if additional coverage is
required for a specific agreement, those requirements will be described in the "Special Conditions"
of the contract specifications):
(a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Fund
Insurance Company form U-26.3 is required for proof of compliance with the New York State
Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for
proof of compliance with the New York State Disability Benefits Law. Location of operation shall be
"All locations in Westchester County, New York."
Where an applicant claims to not be required to carry either a Workers'
Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form
CE-200, available to download at: www.wcb.state.ny.us (click on Employers/Businesses, then
Business Permits/Licenses/Contracts to see instruction manual).
If the employer is self-insured for Worker's Compensation, he/she should present
a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-
12, Certificate of Workers' Compensation Self-Insurance, or GSI-105.2, Certificate of
Participation in Workers' Compensation Group Self-Insurance).
(b) Employer's Liability with minimum limit of $100,000.00.
(c) Commercial General Liability Insurance with a minimum limit of liability per
occurrence of$1,000,000.00 for bodily injury and $100,000.00 for property damage or a
combined single limit of$1,000,000.00 (c.s.l.), naming the County of Westchester as an
additional insured. This insurance shall indicate the following coverages:
(i) Premises - Operations.
(ii) Broad Form Contractual.
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(d) Automobile Liability Insurance with a minimum limit of liability per occurrence
of $1,000,000.00 per occurrence for bodily injury and a minimum limit of $100,000.00 per
occurrence for property damage or a combined single limit of$1,000,000.00 unless otherwise
indicated in the contract specifications. This insurance shall include for bodily injury and property
damage the following coverages:
(i) Owned automobiles.
(ii) Hired automobiles.
(iii) Non-owned automobiles.
(e) Police Professional Liability with minimum limits of$1,000,000 per occurrence.
3. All policies of the Municipality shall be endorsed to contain the following clauses:
(a) Insurers shall have no right to recovery or subrogation against the County of
Westchester (including its employees and other agents and agencies), it being the intention of the
parties that the insurance policies so affected shall protect both parties and be primary coverage
for any and all losses covered by the above-described insurance.
(b) The clause "other insurance provisions" in a policy in which the County of
Westchester is named as an insured, shall not apply to the County of Westchester.
(c)The insurance companies issuing the policy or policies shall have no
recourse against the County of Westchester (including its agents and agencies as aforesaid)for
payment of any premiums or for assessments under any form of policy.
(d)Any and all deductibles in the above described insurance policies shall be
assumed by and be for the account of, and at the sole risk of, the Municipality.
in