HomeMy WebLinkAbout2020_04_15 Town Board Meeting Packet (2) TOWN OF MAMARONECK
TOWN BOARD WORKSESSION AGENDA
WEDNESDAY, JULY 15, 2020
PURSUANT TO THE STATE'S SUSPENSION OF THE OPEN MEETINGS LAW, THE
TOWN BOARD MEETING is airing live on LMCTV channel 76 Optimum, 35
Verizon/Fios & the www.lmctv.org website: https:/llmctv.orgllive-meetings-on-Imctvl
5:00PM WORKSESSION TO DISCUSS:
1. Update-Covid Crisis Response
(See attachment)
2. Senator Shelly Mayer Re: Police Legislation
(No attachment- Senator Mayer will be joining our Zoom Meeting).
3. Review- Rock Removal Law
(See Attachment)
4. Update -Sanitation Commission
(Attachment will be emailed by Monday).
5. Review-2021 Budget Instructions/Budget Calendar
(See attachment)
6. Discussion-Task Force on Racial Equality
(No attachment).
7. New Business
8. Request for Executive Session
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OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
Memorandum saltieri@townofmamaroneckny.org
To: Supervisor and Town Board www.townofmamaroneckny.org
Re: COVID Response
Date: July 10,2020
It has been just over four months since we began our COVID response. In addition to our
declaring a state of emergency,we have also suspended various laws in the interest of making
life a bit easier and quieter for our residents. I have attached a copy of the latest extension of
suspended laws that will expire on Sunday July 12. The State of Emergency will also expire on
Sunday, July 12.
Because the State of Emergency and Extension of the Suspension of Laws will expire on
Sunday,the plan is to extend both actions for now. However, at our meeting on July 15,we
should discuss whether the Board wishes to make any changes. I would suggest that the State of
Emergency remain in place, as there is often a connection between emergency funding from the
State and Federal Government and the existence of a State of Emergency.
With respect to the Suspension of Laws,the Board may wish to consider removing some of the
suspended laws. For instance, it may be timely to reinstate the parking meters on Madison
Avenue and Myrtle Boulevard. Evidently, some cars are parking in the meter spaces all day
long. The Village of Mamaroneck has reinstated their parking meters.
The Board may also wish to remove from the suspended laws the rock removal law. A public
hearing will be held on July 15 to consider the amended rock removal law. We have used the
terms and conditions of the rock removal law as part of the suspended laws. If the Board were to
adopt the rock removal law as amended,there would be no reason for the law to remain in the
list of suspended activities.
If you require any further information for the discussion on Wednesday, let me know.
Stephen V. Altieri
Town Administrator
tit Printed on Recycled Paper
r Extension of the Suspension of Certain Local Laws during the
Town of Mamaroneck's State of Emergency due to COVID-19
Whereas, acting pursuant to section 24 of the New York State Executive Law, I, Nancy
Seligson, Supervisor of the Town of Mamaroneck, declared a state of emergency in the Town of
Mamaroneck effective March 16, 2020 at 12:15 pm (prevailing time) due to the COVID-19
pandemic, and
Whereas, since the COVID-19 virus remained a threat to the health, welfare and safety of
the public,I extended the state of emergency in the Town of Mamaroneck effective April 16,2020
at 12:15 pm(prevailing time), again on May 15, 2020 at 12:16 pm(prevailing time) and again on
June 13, 2020 at 12:16 pm (prevailing time) with the latest extension lasting until July 12, 2020 at
12:15 pm(prevailing time) or until a subsequent order of mine rescinds it;and
Whereas, the conditions that led to my extending the state of emergency have not
sufficiently changed in that the COVID-19 virus remains a threat to the health,welfare and safety
of the public, and
Whereas, pursuant to the declaration, I have continued the suspension of certain local
laws by ordering that
• The provisions contained in sections 219-20 and 219-22 of the Code of the Town of
Mamaroneck that prohibit parking on the streets and at the times mentioned on
the attached sheet be suspended with the following exception: On the section of
Myrtle Boulevard, from 172 Myrtle Boulevard to 176 Myrtle Boulevard, parking
shall be allowed for a maximum of 15 minutes between the hours of 9:00 am and
6:00 pm(prevailing time)from Monday to Saturday,
• Section 106-42A. of the Code of the Town of Mamaroneck be modified to provide
that the Building Inspector may extend the duration of any building permit issued
between March 1,2019 and May 30,2019 by an additional sixty(60)days upon the
permit holder demonstrating just cause for such extension,
• Section 106-58.1 of the Code of the Town of Mamaroneck be modified in
accordance with the modification appearing in my extension of the Suspension of
Certain Local Laws during the Town of Mamaroneck's State of Emergency due to
COVID-19 dated June 22, 2020,
• Section 141-12B. of the Code of the Town of Mamaroneck be modified to provide:
"The use of gasoline-powered leaf blowers shall be unlawful in the Town, even
after a storm, during the period from April 1 through September 30 of each year.
This section shall not apply to utility companies,municipal and/or school district
emergency operations.",
• Section 192-5 A. (1) of the Code of the Town of Mamaroneck be modified by
adding the following to the end thereof:
"The Building Inspector may issue a permit to construct, install, locate, maintain
or operate a proposed above-surface pool that fails to meet the requirements of
section 192-5 A. (1) (a) or (b) if, upon applying for the permit, the owners of the
property or their designated representative submits an application for a variance
from those setback requirements of section 192-5 A. (1) (a) or (b) with which the
proposed pool does not comply and pays the fee for that application.
"Under no circumstances shall the Building Inspector issue a permit that would
allow for the proposed pool to be less than 5 feet from the nearest property line.
"The application for a variance will be heard by the Board of Appeals at its
September 2020 meeting.
"Attached to the permit will be a notice to the resident that the construction of the
pool will not create any vested rights, that the pool will not be a non-conforming
structure and that if the application for a variance is denied, the pool will become
an illegal structure and will have to be removed. The notice also shall advise the
owners that if the requisite notices of the Board of Appeals' September meeting
are not mailed when required, or the required sign is not posted and maintained
for the time required in order for the owners' application to be heard at the
September Board of Appeals meeting, the pool's certificate of
compliance/occupancy will be revoked immediately and the pool will become an
illegal structure that will have to be removed immediately.
"If the application for a variance is denied, the pool will become an illegal
structure and will have to be removed by October 15,2020.
"This modification of section 192-5 A.(1)of the Code of the Town of Mamaroneck
shall not apply to any pool proposed to be constructed on or after August 1,2020",
and
• Section 195-41 of the Code of the Town of Mamaroneck be modified to provide:
"The taxable status date in the Town of Mamaroneck for the year 2020 shall be
June 1,2020 but shall be May 1 of each year thereafter",
and
Whereas, I determine that continuing the aforementioned suspensions and modification
is in the public interest.
Now, therefore, acting as the Supervisor of the Town of Mamaroneck, I extend the
aforementioned suspension and modification of the laws specified above, as follows:
• I suspend the prohibition on parking contained in sections 219-20 and 219-22 of
the Code of the Town of Mamaroneck but only on the streets and at the times
mentioned on the attached sheet with the following exception: On Myrtle
Boulevard, from the 172 Myrtle Boulevard to the 176 Myrtle Boulevard, parking
shall be allowed for a maximum of 15 minutes between the hours of 9:00 am and
6:00 (prevailing time)from Monday to Saturday,
• I modify section 106-42A.of the Code of the Town of Mamaroneck to provide that
the Building Inspector may extend the duration of any building permit issued
between March 1,2019 and May 30,2019 by an additional sixty(60)days upon the
permit holder demonstrating just cause for such extension,
• I modify section 106-58.1 of the Code of the Town of Mamaroneck to provide:
"As used in this section, the following terms shall have the meanings indicated:
A. MECHANICAL MEANS
The use of any tools that are not operated solely by human muscular power.
Explosives and the tools used in connection therewith shall not be considered
mechanical means.
ORIGINAL INFRASTRUCTURE
Streets and curbs, and the lines, pipes, culverts and conduits used for transporting
potable water, storm water, sewage and utilities, such as gas, telephone, electricity,
cable television and Internet service,that are built on land subdivided after February
1, 2004, if the subdivision plat creating the lots in that subdivision also created one
or more new private or public streets or created extensions to any existing private or
public street.
PERMITTED HOURS
The seven hours between 9:00 a.m. (prevailing time) and 4:00 p.m. (prevailing time),
except in those situations where section 106-58.1 L governs the time allowed for rock
removal.
ROCK
Naturally occurring stone. "Rock" does not include impervious concretions created
by humans such as macadam, concrete and bricks.
ROCK REMOVAL
The reduction in size of rocks by mechanical means and the removal of such rock
from the subject property in any residence district or in the Recreation District of the
Town of Mamaroneck.
ROCK REMOVAL PERMIT
A permit issued for rock removal on a subject property.
SUBJECT PROPERTY
A lot for which a rock removal permit is required, or land where the construction of
original infrastructure is to occur if such land lies outside a lot.
B. A rock removal permit is required for the removal of rock of any quantity. No rock
removal permit shall be issued until the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration approves the dust mitigation plan
submitted by the applicant. Such plan must incorporate the best dust control practices,
including but not limited to, a water spray system(air suppression or surface wetting) or
other practices that are considered best dust practices at the time the application for a rock
removal permit is made. The dust mitigation plan also must present the measures the
applicant intends to use to control water runoff as a result of water spraying. In the sole
discretion of the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration,air quality sampling may be required during the course of rock
removal.
C. Rock removal, other than for the construction of original infrastructure, shall be allowed
only during permitted hours and only on 15 days(not including Saturdays,Sundays and
public holidays listed in §24 of the New York General Construction Law) between the
date specified for the commencement of rock removal contained in the notice to neighbors
described in §106-58.1 G and the forty-fifth (45th) calendar day after that date. The rock
removal permit shall contain the date after which rock removal no longer will be allowed
to be done pursuant to that permit. Upon a showing of undue hardship, the Building
Inspector or the Director of Building Code Enforcement and Land Use Administration
may extend the last day on which rock may be removed pursuant to a rock removal permit
by up to five days.If the number of additional days would include a day or days on which
rock removal is prohibited by this section,the extension period will bypass such days and
resume on the first day thereafter when rock removal is permitted by this section.
D. The holder of a rock removal permit may have its permit suspended by notifying the
Building Department that rock removal has stopped and requesting that the permit be
suspended. The Building Inspector or the Director of Building Code Enforcement and
Land Use Administration shall suspend the permit, record the date of notification and
record the number of days between the date that rock removal was scheduled to begin
and the date that the rock removal permit is suspended. Before resuming rock removal,
the holder of a rock removal permit shall notify the Building Department of the date that
it intends to resume whereupon the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration shall lift the suspension and record the date
when the rock removal is to resume. After a suspension is lifted,rock removal may occur
on the number of days that equals the difference between 15 and the number of days
recorded in accordance with the immediately preceding sentence,however,rock removal
may not occur beyond the forty-fifth (45th) calendar day after the date specified for the
commencement of rock removal contained in the notice to neighbors described in§106-
58.1 G, unless the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration grants permission to remove rock after the permit's expiration
date pursuant to§106-58.C.
E. For the construction of original infrastructure,rock removal shall be allowed only during
permitted hours and only for the 180 days (not including Saturdays,Sundays and public
holidays listed in §24 of the New York General Construction Law) starting on the date
specified for the commencement of rock removal contained in the notice to neighbors
described in§106-58.1 G. The rock removal permit shall contain the date after which rock
removal no longer will be allowed to be done pursuant to that permit. Under no
circumstances may rock removal for the construction of original infrastructure extend
beyond the one hundred-eightieth day (180th) day after the date specified for the
commencement of rock removal contained in the notice to neighbors described in §106-
58.1 G, unless the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration grants permission to remove rock after the permit's expiration
date pursuant to§106-58.C.
F. Before rock removal can begin, the applicant shall have a third-party conduct a survey of
the condition of all improvements existing on each lot (including lots lying outside the
unincorporated area of the Town of Mamaroneck) that either shares all or a section of a
lot line with the subject property or touches the subject property at a corner. If the
occupant of a lot to be surveyed refuses to allow a survey to be done, the applicant shall
submit an affidavit stating that he/she had attempted to gain access but was denied.
Submission of such an affidavit will obviate the requirement for a survey of that lot.
Notwithstanding the foregoing, a survey shall not be required if all of the rock removal
will be done using mechanical means that are designed to be handheld while operating.
G. Notice to neighbors;affidavit of mailing.
(1) No later than 10 days before rock removal commences,the following notice shall be
mailed to the owners of each lot that has a lot line lying within 150 feet of any lot line of
the subject property:
(a) For rock removal that is not the construction of original infrastructure:
1
"Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by mechanical
means, such as drills, jackhammers and other types of gas, diesel or electric powered
equipment is scheduled to begin on [INSERT DATE ROCK REMOVAL IS SCHEDULED TO
BEGIN]. The last day on which rock can be removed from this site by mechanical means is
[INSERT THE LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN
OCCUR].
Although this period is forty five (45) days, rock removal may occur only on fifteen(15) days
within that period. The permit holder may have its permit suspended by the Building
Department after rock removal is scheduled to begin.You can contact the Building Department
at 381-7830 to learn whether the rock removal permit has been suspended. If the permit is
suspended, the permit holder may resume rock removal after notifying the Building
Department of the date on which rock removal will resume. The days prior to the date of the
suspension shall count toward calculating the fifteen (15) days when rock removal may occur
so that rock removal will not be allowed to occur for more than a total of fifteen(15)days unless
the permit is extended upon a showing of undue hardship by the permit holder. Any such
extension can add no more than five (5) days for rock removal.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to be able to determine whether and to what extent,rock removal may damage
your property. If you were not contacted about having a survey done,please contact the Town
Building Department at 914-381-7830 immediately.
The law does not permit rock removal by mechanical means to occur on Saturdays, Sundays
or public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after
4:00 p.m. (prevailing time) on those days when rock removal by mechanical means is
permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(b)For the construction of original infrastructure:
"Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by mechanical
means,such as drills,jackhammers and other types of gas,diesel or electric powered equipment
is scheduled to begin on[INSERT DATE ROCK REMOVAL IS SCHEDULED TO BEGIN]. The
last day on which rock can be removed from this site by mechanical means is [INSERT THE
LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN OCCUR]unless
the permit is extended upon a showing of undue hardship by the permit holder. Any such
extension can add no more than five(5) days for rock removal.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to be able to determine whether and to what extent,rock removal may damage
your property. If you were not contacted about having a survey done,please contact the Town
Building Department at 914-381-7830 immediately.
The law does not permit rock removal by mechanical means to occur on Saturdays,Sundays or
public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after 4:00
p.m. (prevailing time)on those days when rock removal by mechanical means is permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(2) An affidavit attesting to that mailing must be filed with the Building Department
before a rock removal permit can be issued for the subject property. The owner of the
subject property shall attest to that affidavit.
H. Rock crushing on the subject property is not permitted at any time.
I. There shall be no more than two machines and two hammers operating on the subject
property at the same time.
J. Motor vehicles used to transport particulate matter must be covered.
K. While on the subject property,any particulate matter must be sufficiently soaked or stored
to prevent the particulate matter from becoming airborne. The Building Inspector or the
Director of Building Code Enforcement and Land Use Administration may require
secured tarps or coverings made of plastic or other material to further reduce dust
emissions.
L. Rock removal shall not be permitted before 9:00 a.m. (prevailing time) or after 4:00 p.m.
(prevailing time) on days when rock removal is permitted. Notwithstanding the
prohibition on rock removal on Saturdays, an individual, acting alone, may remove rock
pursuant to a rock removal permit on the subject property where he/she resides on a
Saturday between the hours of 10:00 a.m.(prevailing time)and 3:00 p.m.(prevailing time).
M. No more than one rock removal permit shall be issued for a subject property within any
twelve-month period.
N. Any person who violates this section shall be guilty of a violation which shall be
punishable by a fine of not more than$1,000, and also shall be liable for the civil penalty
imposed by§ 106-55C of the Code.Each use of mechanical means to remove rock on a day
or at an hour when rock removal is prohibited by this section shall constitute a separate
offense.
0.. If there is a violation of this section by someone other than the owner of the subject
property, the owner of the subject property also shall be guilty of a violation which shall
be punishable by a fine of not more than$1,000,and also shall be liable for the civil penalty
imposed by§ 106-55C of the Code.
P. This section shallnot apply to the removal of rock that is excavated without first being
reduced in size.
Q. This section shall not apply to public utility companies, the United States of America,the
State of New York, the County of Westchester, the Town of Mamaroneck, the
Mamaroneck Union Free School District, the Villages of Larchmont, Mamaroneck or
Scarsdale or any independent contractors engaged by any of them."
• I modify section 141-12 B of the Code of the Town of Mamaroneck to provide:"The
use of gasoline-powered leaf blowers shall be unlawful in the Town, even after a
storm, during the period from April 1 through September 30 of each year. This
section shall not apply to utility companies, municipal and/or school district
emergency operations.",
• I modify section 192-5 A. (1)by adding the following to the end thereof:
"The Building Inspector may issue a permit to construct, install, locate, maintain
or operate a proposed above-surface pool that fails to meet the requirements of
section 192-5 A. (1) (a) or (b) if, upon applying for the permit, the owners of the
property or their designated representative submits an application for a variance
from those setback requirements of section 192-5 A. (1) (a) or (b) with which the
proposed pool does not comply.
"The application for a variance will be heard by the Board of Appeals at its
September 2020 meeting.
"Attached to the permit will be a notice to the resident that the construction of the
pool will not create any vested rights, that the pool will not be a non-conforming
structure and that if the application for a variance is denied, the pool will become
an illegal structure and will have to be removed. The notice also shall advise the
owners that they must pursue the variance application vigorously and that if the
requisite notices are not mailed when required, or the required sign is not posted
and maintained in time for the September Board of Appeals meeting, the pool's
certificate of compliance/occupancy will be revoked immediately and the pool will
become an illegal structure that will have to be removed immediately.
"If the application for a variance is denied, the pool will become an illegal
structure and will have to be removed by October 15,2020.
"This modification shall not apply to any pool proposed to be constructed on or
after August 1,2020." and
• I modify section 195-41 of the Code of the Town of Mamaroneck to provide: "The
taxable status date in the Town of Mamaroneck for the year 2020 shall be June 1,
2020 but shall be May 1 of each year thereafter."
The suspensions and modifications mentioned above shall be effective on July 8,2020 at
12:01 am(prevailing time) and shall continue until July 12, 2020 at 12:14 pm(prevailing time).
Dated: Mamaroneck, NY
As if signed on July 7, 2020
Nancy tyaligson, S •ervisor
of the Town of Mamaroneck
Prep'd:June 26,2020
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W 4m County of Westchester
740 West Boston Post Road, Mamaroneck, NY 10543-3353
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COUNSEL TEL: 914/381-7815
FAX: 914/381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Stephen V. Alfieri, Town Administrator
Christina Battalia, Town Clerk
From: William Maker,Jr., Attorney for the Town
Subject: Rock Removal
Date: June 19, 2020
I revised the version of the proposed local law that the Town Board discussed at its public
hearing on June 17,2020. I attach both a redlined version showing the changes and a'clean copy'
of the revision.
tot Printed on Recycled Paper
Nf.1
Local Law No. -2020
This local law shall be known as the "2020 Revision of the Mechanical Rock Removal" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 —Purpose:
The Town Board continues to monitor the impact of mechanical rock removal upon the
health, safety and welfare of the Town's residents with a goal of balancing people's right to
develop their properties with a neighborhood's right to tranquility,to the extent possible. Among
the concerns that have arisen are the need to mitigate the spread of dust and other particulates
during both the hammering of rock and its removal from the site, and the need to decrease the
number of hours per day when mechanical rock removal may take place. Another concern is that
on those occasions when the rock to be removed is more difficult to break than could have been
reasonably anticipated or when there are mechanical difficulties in the operation, the developer
must redouble its efforts since the 15-day life span of a rock removal permit continues unabated.
This additional effort has created situations where disturbance to peace and quiet is exacerbated.
The disruption in everyday life should be decreased if a developer is permitted to suspend the
rock removal permit in order to replace broken equipment, adjust to weather conditions, or to
utilize different modes for removing rock,such as drilling before hammering, while still allowing
only 15 working days of mechanical rock removal. This revision in the law furthers the goal.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 106-58.1 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§106-58.1 Duration and hours for mechanical rock removal.
As used in this section, the following terms shall have the meanings indicated:
A. MECHANICAL MEANS
The use of any tools that are not operated solely by human muscular power.
Explosives and the tools used in connection therewith shall not be considered
mechanical means.
ORIGINAL INFRASTRUCTURE
Streets and curbs, and the lines, pipes, culverts and conduits used for transporting
potable water, storm water, sewage and utilities, such as gas, telephone, electricity,
cable television and Internet service,that are built on land subdivided after February
1, 2004, if the subdivision plat creating the lots in that subdivision also created one
or more new private or public streets or created extensions to any existing private or
public street.
PERMITTED HOURS
The seven hours between 9:00 a.m. (prevailing time)and 4:00 p.m. (prevailing time),
except in those situations where section 106-58.1 L governs the time allowed for rock
removal.
ROCK
Naturally occurring stone. "Rock" does not include impervious concretions created
by humans such as macadam, concrete and bricks.
ROCK REMOVAL
The reduction in size of rocks by mechanical means and the removal of such rock
from the subject property in any residence district or in the Recreation District of the
Town of Mamaroneck.
ROCK REMOVAL PERMIT
A permit issued for rock removal on a subject property.
SUBJECT PROPERTY
A lot for which a rock removal permit is required, or land where the construction of
original infrastructure is to occur if such land lies outside a lot.
B. A rock removal permit is required for the removal of rock of any quantity. No rock
removal permit shall be issued until the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration approves the dust mitigation plan
submitted by the applicant. Such plan must incorporate the best dust control practices,
including but not limited to, a water spray system(air suppression or surface wetting) or
other practices that are considered best dust practices at the time the application for a rock
removal permit is made. The dust mitigation plan also must present the measures the
applicant intends to use to control water runoff as a result of water spraying. In the sole
discretion of the Building Inspector or the Director of Building Code Enforcement and
2
Land Use Administration,air quality sampling may be required during the course of rock
removal.
C. Rock removal, other than for the construction of original infrastructure, shall be allowed
only during permitted hours and only on 15 days(not including Saturdays, Sundays and
public holidays listed in §24 of the New York General Construction Law) between the
date specified for the commencement of rock removal contained in the notice to neighbors
described in§106-58.1 G and the forty-fifth (45th) calendar day after that date. The rock
removal permit shall contain the date after which rock removal no longer will be allowed
to be done pursuant to that permit. Upon a showing of undue hardship, the Building
Inspector or the Director of Building Code Enforcement and Land Use Administration
may extend the last day on which rock may be removed pursuant to a rock removal permit
by up to five days.If the number of additional days would include a day or days on which
rock removal is prohibited by this section,the extension period will bypass such days and
resume on the first day thereafter when rock removal is permitted by this section.
D. The holder of a rock removal permit may have its permit suspended by notifying the
Building Department that rock removal has stopped and requesting that the permit be
suspended. The Building Inspector or the Director of Building Code Enforcement and
Land Use Administration shall suspend the permit, record the date of notification and
record the number of days between the date that rock removal was scheduled to begin
and the date that the rock removal permit is suspended. Before resuming rock removal,
the holder of a rock removal permit shall notify the Building Department of the date that
it intends to resume whereupon the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration shall lift the suspension and record the date
when the rock removal is to resume. After a suspension is lifted,rock removal may occur
on the number of days that equals the difference between 15 and the number of days
recorded in accordance with the immediately preceding sentence,however,rock removal
may not occur beyond the forty-fifth (45th) calendar day after the date specified for the
commencement of rock removal contained in the notice to neighbors described in §106-
58.1 G, unless the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration grants permission to remove rock after the permit's expiration
date pursuant to§106-58.C.
E. For the construction of original infrastructure, rock removal shall be allowed only during
permitted hours and only for the 180 days (not including Saturdays,Sundays and public
holidays listed in §24 of the New York General Construction Law) starting on the date
specified for the commencement of rock removal contained in the notice to neighbors
described in§106-58.1 G. The rock removal permit shall contain the date after which rock
3
•
removal no longer will be allowed to be done pursuant to that permit. Under no
circumstances may rock removal for the construction of original infrastructure extend
beyond the one hundred-eightieth day (180th) day after the date specified for the
commencement of rock removal contained in the notice to neighbors described in §106-
58.1 G, unless the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration grants permission to remove rock after the permit's expiration
date pursuant to§106-58.C.
F. Before rock removal can begin, the applicant shall have a third-party conduct a survey of
the condition of all improvements existing on each lot (including lots lying outside the
unincorporated area of the Town of Mamaroneck) that either shares all or a section of a
lot line with the subject property or touches the subject property at a corner. If the
occupant of a lot to be surveyed refuses to allow a survey to be done, the applicant shall
submit an affidavit stating that he/she had attempted to gain access but was denied.
Submission of such an affidavit will obviate the requirement for a survey of that lot.
Notwithstanding the foregoing, a survey shall not be required if all of the rock removal
will be done using mechanical means that are designed to be handheld while operating.
G. Notice to neighbors; affidavit of mailing.
(1) No later than 10 days before rock removal commences, the following notice shall be
mailed to the owners of each lot that has a lot line lying within 150 feet of any lot line of
the subject property:
(a) For rock removal that is not the construction of original infrastructure:
"Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by mechanical
means, such as drills, jackhammers and other types of gas, diesel or electric powered
equipment is scheduled to begin on [INSERT DATE ROCK REMOVAL IS SCHEDULED TO
BEGIN]. The last day on which rock can be removed from this site by mechanical means is
[INSERT THE LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN
OCCUR].
Although this period is forty five (45) days, rock removal may occur only on fifteen (15) days
within that period. The permit holder may have its permit suspended by the Building
Department after rock removal is scheduled to begin.You can contact the Building Department
at 381-7830 to learn whether the rock removal permit has been suspended. If the permit is
4
suspended, the permit holder may resume rock removal after notifying the Building
Department of the date on which rock removal will resume. The days prior to the date of the
suspension shall count toward calculating the fifteen (15) days when rock removal may occur
so that rock removal will not be allowed to occur for more than a total of fifteen(15)days unless
the permit is extended upon a showing of undue hardship by the permit holder. Any such
extension can add no more than five (5) days for rock removal.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to be able to determine whether and to what extent,rock removal may damage
your property. If you were not contacted about having a survey done,please contact the Town
Building Department at 914-381-7830 immediately.
The law does not permit rock removal by mechanical means to occur on Saturdays, Sundays
or public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after
4:00 p.m. (prevailing time) on those days when rock removal by mechanical means is
permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(b) For the construction of original infrastructure:
"Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by mechanical
means,such as drills,jackhammers and other types of gas, diesel or electric powered equipment
is scheduled to begin on [INSERT DATE ROCK REMOVAL IS SCHEDULED TO BEGIN]. The
last day on which rock can be removed from this site by mechanical means is [INSERT THE
LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN OCCUR]unless
the permit is extended upon a showing of undue hardship by the permit holder. Any such
extension can add no more than five (5) days for rock removal.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to be able to determine whether and to what extent, rock removal may damage
your property. If you were not contacted about having a survey done, please contact the Town
Building Department at 914-381-7830 immediately.
5
The law does not permit rock removal by mechanical means to occur on Saturdays, Sundays or
public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after 4:00
p.m. (prevailing time) on those days when rock removal by mechanical means is permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(2) An affidavit attesting to that mailing must be filed with the Building Department
before a rock removal permit can be issued for the subject property. The owner of the
subject property shall attest to that affidavit.
H. Rock crushing on the subject property is not permitted at any time.
I. There shall be no more than two machines and two hammers operating on the subject
property at the same time.
J. Motor vehicles used to transport particulate matter must be covered.
K. While on the subject property,any particulate matter must be sufficiently soaked or stored
to prevent the particulate matter from becoming airborne. The Building Inspector or the
Director of Building Code Enforcement and Land Use Administration may require
secured tarps or coverings made of plastic or other material to further reduce dust
emissions.
L. Rock removal shall not be permitted before 9:00 a.m. (prevailing time) or after 4:00 p.m.
(prevailing time) on days when rock removal is permitted. Notwithstanding the
prohibition on rock removal on Saturdays, an individual, acting alone, may remove rock
pursuant to a rock removal permit on the subject property where he/she resides on a
Saturday between the hours of 10:00 a.m.(prevailing time)and 3:00 p.m.(prevailing time).
M. No more than one rock removal permit shall be issued for a subject property within any
twelve-month period.
N. Any person who violates this section shall be guilty of a violation which shall be
punishable by a fine of not more than $1,000, and also shall be liable for the civil penalty
imposed by§ 106-55C of the Code. Each use of mechanical means to remove rock on a day
or at an hour when rock removal is prohibited by this section shall constitute a separate
offense.
6
0.. If there is a violation of this section by someone other than the owner of the subject
property, the owner of the subject property also shall be guilty of a violation which shall
be punishable by a fine of not more than$1,000,and also shall be liable for the civil penalty
imposed by § 106-55C of the Code.
P. This section shall not apply to the removal of rock that is excavated without first being
reduced in size.
Q. This section shall not apply to public utility companies, the United States of America, the
State of New York, the County of Westchester, the Town of Mamaroneck, the
Mamaroneck Union Free School District, the Villages of Larchmont, Mamaroneck or
Scarsdale or any independent contractors engaged by any of them.
Section 3-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4-Effective Date:
This Local Law shall become effective upon the later of its filing with the Secretary of State or the
end of the state of emergency declared by the Supervisor in response to the COVID-10 pandemic.
May 15,2020 Tune 19,2020
7
Local Law No. - 2020
This local law shall be known as the"2020 Revision of the Mechanical Rock Removal" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1-Purpose:
The Town Board continues to monitor the impact of mechanical rock removal upon the
health, safety and welfare of the Town's residents with a goal of balancing people's right to
develop their properties with a neighborhood's right to tranquility,to the extent possible. Among
the concerns that have arisen are the need to mitigate the spread of dust and other particulates
during both the hammering of rock and its removal from the site, and the need to decrease the
number of hours per day when mechanical rock removal may take place. Another concern is that
on those occasions when the rock to be removed is more difficult to break than could have been
reasonably anticipated or when there are mechanical difficulties in the operation, the developer
must redouble its efforts since the 15-day life span of a rock removal permit continues unabated.
This additional effort has created situations where disturbance to peace and quiet is exacerbated.
The disruption in everyday life should be decreased if a developer is permitted to suspend the
rock removal permit in order to replace broken equipment, adjust to weather conditions, or to
utilize different modes for removing rock,such as drilling before hammering,while still allowing
only 15 working days of mechanical rock removal. This revision in the law furthers the goal.
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 106-58.1 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§106-58.1 Duration and hours for mechanical rock removal.
As used in this section, the following terms shall have the meanings indicated:
A. MECHANICAL MEANS
The use of any tools that are not operated solely by human muscular power.
Explosives and the tools used in connection therewith shall not be considered
mechanical means.
ORIGINAL INFRASTRUCTURE
Streets and curbs, and the lines, pipes, culverts and conduits used for transporting
potable water, storm water, sewage and utilities, such as gas, telephone, electricity,
cable television and Internet service,that are built on land subdivided after February
1, 2004, if the subdivision plat creating the lots in that subdivision also created one
or more new private or public streets or created extensions to any existing private or
public street.
PERMITTED HOURS
The seven hours between 9:00 a.m. (prevailing time) and 4:00 p.m. (prevailing time),
except in those situations where section 106-58.1 L governs the time allowed for rock
removal.
ROCK
Naturally occurring stone. "Rock" does not include impervious concretions created
by humans such as macadam,concrete and bricks.
ROCK REMOVAL
The reduction in size of rocks by mechanical means and the removal of such rock
from the subject property in any residence district or in the Recreation District of the
Town of Mamaroneck.
ROCK REMOVAL PERMIT
A permit issued for rock removal on a subject property.
SUBJECT PROPERTY
A lot for which a rock removal permit is required, or land where the construction of
original infrastructure is to occur if such land lies outside a lot.
B. A rock removal permit is required for the removal of rock of any quantity. No rock
removal permit shall be issued until the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration approves the dust mitigation plan
submitted by the applicant. Such plan must incorporate the best dust control practices,
including but not limited to, a water spray system(air suppression or surface wetting)or
other practices that are considered best dust practices at the time the application for a rock
removal permit is made. The dust mitigation plan also must present the measures the
applicant intends to use to control water runoff as a result of water spraying. In the sole
discretion of the Building Inspector or the Director of Building Code Enforcement and
2
Land Use Administration,air quality sampling may be required during the course of rock
removal.
C. Rock removal, other than for the construction of original infrastructure, shall be allowed
only during permitted hours and only on 15 days(not including Saturdays,Sundays and
public holidays listed in §24 of the New York General Construction Law) between the
date specified for the commencement of rock removal contained in the notice to neighbors
described in §106-58.1 G and the forty-fifth (45th) calendar day after that date. The rock
removal permit shall contain the date after which rock removal no longer will be allowed
to be done pursuant to that permit. Upon a showing of undue hardship, the Building
Inspector or the Director of Building Code Enforcement and Land Use Administration
may extend the last day on which rock may be removed pursuant to a rock removal permit
by up to five days.If the number of additional days would include a day or days on which
rock removal is prohibited by this section,the extension period will bypass such days and
resume on the first day thereafter when rock removal is permitted by this section.
D. The holder of a rock removal permit may have its permit suspended by notifying the
Building Department that rock removal has stopped and requesting that the permit be
suspended. The Building Inspector or the Director of Building Code Enforcement and
Land Use Administration shall suspend the permit, record the date of notification and
record the number of days between the date that rock removal was scheduled to begin
and the date that the rock removal permit is suspended. Before resuming rock removal,
the holder of a rock removal permit shall notify the Building Department of the date that
it intends to resume whereupon the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration shall lift the suspension and record the date
when the rock removal is to resume. After a suspension is lifted,rock removal may occur
on the number of days that equals the difference between 15 and the number of days
recorded in accordance with the immediately preceding sentence,however,rock removal
may not occur beyond the forty-fifth (45th) calendar day after the date specified for the
commencement of rock removal contained in the notice to neighbors described in§106-
58.1 G, unless the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration grants permission to remove rock after the permit's expiration
date pursuant to§106-58.C.
E. For the construction of original infrastructure,rock removal shall be allowed only during
permitted hours and only for the 180 days (not including Saturdays, Sundays and public
holidays listed in §24 of the New York General Construction Law) starting on the date
specified for the commencement of rock removal contained in the notice to neighbors
described in§106-58.1 G. The rock removal permit shall contain the date after which rock
3
removal no longer will be allowed to be done pursuant to that permit. Under no
circumstances may rock removal for the construction of original infrastructure extend
beyond the one hundred-eightieth day (180th) day after the date specified for the
commencement of rock removal contained in the notice to neighbors described in §106-
58.1 G, unless the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration grants permission to remove rock after the permit's expiration
date pursuant to§106-58.C.
F. Before rock removal can begin,the applicant shall have a third-party conduct a survey of
the condition of all improvements existing on each lot (including lots lying outside the
unincorporated area of the Town of Mamaroneck) that either shares all or a section of a
lot line with the subject property or touches the subject property at a corner. If the
occupant of a lot to be surveyed refuses to allow a survey to be done, the applicant shall
submit an affidavit stating that he/she had attempted to gain access but was denied.
Submission of such an affidavit will obviate the requirement for a survey of that lot.
Notwithstanding the foregoing, a survey shall not be required if all of the rock removal
will be done using mechanical means that are designed to be handheld while operating.
G. Notice to neighbors; affidavit of mailing.
(1) No later than 10 days before rock removal commences,the following notice shall be
mailed to the owners of each lot that has a lot line lying within 150 feet of any lot line of
the subject property:
(a) For rock removal that is not the construction of original infrastructure:
"Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS]by mechanical
means, such as drills, jackhammers and other types of gas, diesel or electric powered
equipment is scheduled to begin on [INSERT DATE ROCK REMOVAL IS SCHEDULED TO
BEGIN]. The last day on which rock can be removed from this site by mechanical means is
[INSERT THE LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN
OCCUR].
Although this period is forty five (45) days, rock removal may occur only on fifteen(15) days
within that period. The permit holder may have its permit suspended by the Building
Department after rock removal is scheduled to begin.You can contact the Building Department
at 381-7830 to learn whether the rock removal permit has been suspended. If the permit is
4
suspended, the permit holder may resume rock removal after notifying the Building
Department of the date on which rock removal will resume. The days prior to the date of the
suspension shall count toward calculating the fifteen (15) days when rock removal may occur
so that rock removal will not be allowed to occur for more than a total of fifteen(15) days unless
the permit is extended upon a showing of undue hardship by the permit holder. Any such
extension can add no more than five (5) days for rock removal.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to be able to determine whether and to what extent, rock removal may damage
your property. If you were not contacted about having a survey done, please contact the Town
Building Department at 914-381-7830 immediately.
The law does not permit rock removal by mechanical means to occur on Saturdays, Sundays
or public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after
4:00 p.m. (prevailing time) on those days when rock removal by mechanical means is
permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(b) For the construction of original infrastructure:
"Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by mechanical
means,such as drills,jackhammers and other types of gas, diesel or electric powered equipment
is scheduled to begin on [INSERT DATE ROCK REMOVAL IS SCHEDULED TO BEGIN]. The
last day on which rock can be removed from this site by mechanical means is [INSERT THE
LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN OCCUR]unless
the permit is extended upon a showing of undue hardship by the permit holder. Any such
extension can add no more than five (5) days for rock removal.
If your property abuts the subject property, you should have been contacted by now about
having a survey done of the physical condition of the structures on your property. The purpose
of the survey is to be able to determine whether and to what extent, rock removal may damage
your property. If you were not contacted about having a survey done, please contact the Town
Building Department at 914-381-7830 immediately.
5
The law does not permit rock removal by mechanical means to occur on Saturdays, Sundays or
public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after 4:00
p.m. (prevailing time) on those days when rock removal by mechanical means is permitted.
For further information, please contact [INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(2) An affidavit attesting to that mailing must be filed with the Building Department
before a rock removal permit can be issued for the subject property. The owner of the
subject property shall attest to that affidavit.
H. Rock crushing on the subject property is not permitted at any time.
I. There shall be no more than two machines and two hammers operating on the subject
property at the same time.
J. Motor vehicles used to transport particulate matter must be covered.
K. While on the subject property,any particulate matter must be sufficiently soaked or stored
to prevent the particulate matter from becoming airborne. The Building Inspector or the
Director of Building Code Enforcement and Land Use Administration may require
secured tarps or coverings made of plastic or other material to further reduce dust
emissions.
L. Rock removal shall not be permitted before 9:00 a.m. (prevailing time) or after 4:00 p.m.
(prevailing time) on days when rock removal is permitted. Notwithstanding the
prohibition on rock removal on Saturdays, an individual, acting alone, may remove rock
pursuant to a rock removal permit on the subject property where he/she resides on a
Saturday between the hours of 10:00 a.m.(prevailing time)and 3:00 p.m. (prevailing time).
M. No more than one rock removal permit shall be issued for a subject property within any
twelve-month period.
N. Any person who violates this section shall be guilty of a violation which shall be
punishable by a fine of not more than $1,000, and also shall be liable for the civil penalty
imposed by§ 1.06-55C of the Code.Each use of mechanical means to remove rock on a day
or at an hour when rock removal is prohibited by this section shall constitute a separate
offense.
6
0.. If there is a violation of this section by someone other than the owner of the subject
property, the owner of the subject property also shall be guilty of a violation which shall
be punishable by a fine of not more than$1,000,and also shall be liable for the civil penalty
imposed by § 106-55C of the Code.
P. This section shall not apply to the removal of rock that is excavated without first being
reduced in size.
Q. This section shall not apply to public utility companies, the United States of America, the
State of New York, the County of Westchester, the Town of Mamaroneck, the
Mamaroneck Union Free School District, the Villages of Larchmont, Mamaroneck or
Scarsdale or any independent contractors engaged by any of them.
Section 3—Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4—Effective Date:
This Local Law shall become effective upon the later of its filing with the Secretary of State or the
end of the state of emergency declared by the Supervisor in response to the COVID-10 pandemic.
June 19,2020
7
O 9
2 �
O
Town of Mamaroneck
W m Town Center
►- x 740 West Boston Post Road,Mamaroneck, NY 10543-3353
.FCUtDED+Fit.
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
Memorandum saltieri@townofmamaroneckny.org
To: Supervisor and Town Board
www.townofmamaroneckny.org
Re: Update Joint Sanitation Commission
Date: July 14,2020
On the work session agenda for July 15 is an update on the status of two issues that are before
the Commission. The first is the future of curbside garbage collection. As part of our COVID
response,the Commission moved to require curbside collection of garbage. This measure was to
insure continuity of garbage collection service if there were staffing deficiencies in the
Commission due to the pandemic. The question now is whether curbside garbage collection
should become a permanent change in sanitation services. If you recall the report, I prepared for
the Town and Village Boards back in 2018 regarding alternative sanitation services identified
possible advantages to curbside collection:
* With curbside garbage collection, the current four employee crews could be reduced to
three employee crews through attrition. For recycling collection a fourth person would
be needed but that could be accomplished with part time employees.
• Curbside garbage collection will reduce the exposure of employees to injury. Often time
injuries occur when employees have to negotiate narrow pathways, flights of stairs and
snow covered driveways to collect garbage at the back door of home.
* Curbside garbage collection reduces the likelihood of missed garbage collections since all
materials are at the curb.
• A potential disadvantage to backdoor collection is the impact upon senior citizens. We
have received some phone calls from older residents that claim to have difficulty brining
their garbage to the curb. There are however measures to address this issue. First,the
Commission does sell garbage cans on wheels that are much easier to move. Second,
establish an exemption provision for older residents. I am currently exploring how other
communities with curbside garbage collection address this issue.
The second issue is the discussion of the Town's future arrangements with the Village regarding
the Sanitation Commission. If you recall the discussion began with respect to the formula for
apportionment of the Commission budget between the Town and Village. The Village has raised
the issue that the current apportionment method by tonnage is not equitable because it does not
reflect the effort to collect the garbage and recycling. Based upon the tonnage of garbage
delivered into the system the apportionment of tonnage is 47^%Village and 53%Town. When
all materials collected, recycling, garbage and organics were calculated the apportionment
changed to 46% Village and 54% Town.
The Village in adopting their 2020/2021 Village Budget adopted a budget appropriation for their
share of the Commission based upon property assessment that technically leaves the Commission
underfunded for 2020. When a property assessment apportionment is applied, the Town assumes
to Printed on Recycled Paper
60%of the Commission budget expense and Village 40%. For the Town this results in a roughly
$280,000 increase in the Town Budget.
The question is whether there is another arrangement that would be acceptable to both
communities for maintaining the Commission. I have been exploring alternatives that are
available for the reorganization of the Commission.
I. Amend the Commission Legislation to Create a District with Taxing Authority: The
Town and Village would apply to the legislature for a change in the legislation that
originally created the Commission. There are examples in New York State of Sanitary
Districts that are separate entities and have authority to levy taxes. The Commission
would become a standalone entity. Unfortunately, the State right now does not have a
desire to create government entities. From speaking with our bond counsel and a lobbyist
in Albany this alternative could face an uphill battle for approval. If approval was
possible, it could take two or three years.
II. Extend the Town's existing Garbage District#1: In the Town Budget,there is Garbage
District#1 that is a special improvement district pursuant to New York State Law. The
law provides that a special improvement district in a Town can be extended into a Village
subject to the Village adopting either a local law or resolution approving the extension.
This process is very similar to the creation of the Ambulance District. The Town Board
established the Ambulance District and the Villages of Larchmont and Mamaroneck
adopted resolutions approving the district in the Villages. The Garbage District would
now include the Commission budget. The Town in both the unincorporated area and the
Village of Larchmont would levy the Garbage District tax. A serious consideration in
this alternative is the fact that the Commission budget would now be a part of the Town
Budget. Another question to be resolved is the authority of the Village to have input into
the operation of the Commission/District. As the governing body of the Town,the Town
Board would have final say on budget and policies for the operation of the
Commission/District. What we have not had time to explore is whether some
arrangement is possible to give the Village some influence over the sanitation operation.
III. Eliminate from the Commission's Operation Garbage and Recycling Collection:
Under this alternative the Town and Village would be individually tasked with the
responsibility for physical collection of garbage and recycling. The Commission's
responsibilities would be limited to the operation of the recycling center. Each
community would now create sanitation departments within their budgets. I will be
preparing a draft of a budget to show what a Town Sanitation Department might look like
and cost.
IV. Retain a Consultant to Conduct a Study of Other Apportionment Options: While I
am not sure what those options might be, a consultant might be able to pursue this
question of effort for waste collection as raised by the Village. Tonnage has been the
method of apportionment since the creation of the Commission in 1937. The Town and
Village Boards reaffirmed the tonnage apportionment method in 1973 when the
Commission assumed responsibility for collection operations from the Town and Village.
There were studies done in 1989, 1995 and 2008 that focused on the significant tonnage
collected in the Village business district. Specifically what we identify as Route#1 that
includes much of the Village's business district was the subject of one of the studies. To
give the Board some idea of the amount of material collected, I have attached two
schedules that were prepared for the Sanitation Commissioners. The first is a breakdown
by collection route of total garbage and recycling collected in March and April of 2019
and 2020. The second is listing broken down by material type of the Commission
collection activity in 2019. On the second attachment is also a schedule of material
received from residents at Maxwell Avenue.
This memorandum is meant to start the discussion of how the Town would like to move
forward on these two issues. I am aware that additional information may be necessary in
order for a final decision to be made.
Stephen V. Altieri
Town Administrator/Sanitation Supt.
Schedule of Waste Collection *
March/April 2019 and 2020
Weights expressed in tons
19-Mar 19-Apr 2019 Total 20-Mar 20-Apr 2020 Total
Route 1 159.8 189.19 348.99 169.2 178.53 347.73
Route 2 113.76 165.87 279.63 123.31 160.43 283.74
Route 3 84.31 176.39 260.7 141.51 165.2 306.71
Route 4 102.45 167.64 270.09 167.64 174.84 342.48
Route 5 69.64 128.96 198.6 63.22 138.94 202.16
529.96 828.05 1358.01 664.88 817.94 1482.82
* Weights include garbage, cardboard/paper and for April includes organics
Routes 2 and 4 are the collection routes that transcend the Town/Village boundaries
Route 2 is primarily the Village but collects material on a portion of Harrison Drive and the Dillon Park s
Route 4 is primarily the Town but collects material in the area of the Village around Virginia Place
73
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7 740 West Boston Post Road,Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
MEMORDANDU M saltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
To: DEPARTMENT HEADS
RE: 2021 TOWN BUDGET PREPARATION INSTRUCTIONS
Date:July 6, 2020
Believe it or not, after a most challenging winter and spring, it is once again budgeting time!
This memorandum will provide an outline of the requirements for the 2021 departmental budget
submissions. Through the effective management of your departmental budget, the Town was able to
deliver last year's budget below the tax cap of 2.09%, coming in at a 2.0%tax levy increase. While at this
time we do not know what the tax cap will be for the 2021 Town Budget, we will be challenged to bring
in a tax cap compliant budget as a result of the pandemic.
The pandemic has had a profound impact on the entire country and has changed how municipal services
are delivered. The pandemic has also made us think about those contingencies that should be in place
should we see a second wave of the pandemic. As a result, many of our 2020 plans have not been
achieved. Programs were suspended, capital projects were deferred and operating budgets have been
challenged. It is anticipated that there will be significant budget pressures over the next two years that
includes tax caps, unemployment, interest rate variables, rising inflation, sales tax declines and
Federal/State cutbacks. Fortunately, the Town anticipates weathering this storm but only with careful
management of the Town budget. The current measures in place for 2020 will continue to be needed in
2021.
Our goal for 2021 is to(1)maintain current service levels,(2)fund capital projects that have been deferred,
and (3) reimagine Town operations by automating processes that will create operational efficiencies,
provide services to residents and support the shift of Town operations to a virtual platform.
With the tax cap legislation in place, our budget process has two critical phases; first and foremost,
projecting resources that the Town receives and then determining what changes or reductions are
necessary to reach the tax cap.
This will be the third year that the budget preparation process includes an emphasis on the metrics of
departmental performance. I know that performance metrics will be much lower than 2019 as a result of
the three month "pause". We anticipate that metrics will slowly recover and I will take that into
consideration when trying to accomplish a tax cap compliant budget.
This year, fillable capital budget forms and last year's departmental narratives have been placed on the
Town shared Drive (T) in the BUDGET 2021 folder. There you will find a folder for each department with
these two documents:
toPrinted on Recycled Paper
CAPITAL BUDGET SUBMISSION
All capital budget requests made for 2021 must be submitted on the 2021 Capital Budget Project
Form. Please submit one form per project. We will be including a five-year capital plan in this
year's budget. Please submit a form for any future projects that you anticipate over the next five
years.They will not be funded but will be used for financial projections.
OPERATING BUDGET SUBMISSION
The Town will continue to use the same format as the 2020 Budget. The format provided a
comprehensive view of each department's programs. Your departmental narratives from the
2020 Budget have been saved in each of your folders. Please update them as necessary, including
the performance measures.The Comptroller's Office will update the summary of Revenues and
the Summary of Appropriations.
The current full-time budgeted positions will remain the same for 2021 and the Comptroller's
office will update the salary schedules. If you are proposing any personnel changes, they should
be at cost savings. Please revise them at the bottom of the narrative page with an explanation.
Departmental budgets must increase no more than 1.5%. The percentage applies to your
Equipment Accounts and Contractual Expense Accounts. Please provide details if you cannot
meet this cap. Also,if meeting this cap means a change in services, provide details. Please include
costs associated with automating your departmental functions, even if it causes your
departmental budget to exceed the cap of 1.5%.
Please remember to include proposed contractual increases for multi-year contracts or estimated
vendor increases. Indicate in KVS any costs that are one-time expenses for 2021 and will not
reoccur.That will help our funding decisions.
All operational budgets must be input into the KVS Budget Software.The more detail the better.
If you need any assistance, please contact Tracy Yogman.
The 2021 Budget Calendar is attached for your reference.The critical dates are as follows:
FRIDAY AUGUST 21, 2020 SUBMISSION OF CAPITAL BUDGET REQUESTS
MONDAY SEPTEMBER 7, 2020 LINE ITEM BUDGETS MUST BE FINALIZED IN KVS
WEDNESDAY SEPTMBER 9, 2020 DEPARTMENTAL NARRATIVES MUST BE
COMPLETED
As always, if you need assistance with your budget preparation ask early in the process.
Stephen V. Altieri
Town Administrator/Budget Officer
4 TOWN OF MAMARONECK
i 2021 BUDGET CALENDAR
Monday July 6, 2020 Distribution of Operating &Capital
Budget Worksheets/Budget Instructions
to Department Heads
Friday,August 21, 2020 Completion of capital budget worksheets
on Town Drive for review
Monday, September 7, 2020 Input of Operating Budgets into KVS
Budget System
Wednesday, September 9, 2020 Completion of All Operating Budget
narratives on Town Drive
Monday, September 14, 2020 through Departmental Budget Work Sessions
Friday, September 25, 2020
Wednesday, October 14, 2020 Submission of Tentative Budget to the
Town Board and Preliminary Review of
Tentative Budget
Saturday, October 26, 2019 Departmental Budget Review
Tuesday, November 19, 2019 Capital Budget Review
Wednesday, December 2, 2020 Budget Hearing- 2021 Preliminary
Budget
Wednesday, December 16, 2020 Final Adoption of 2021 Budget
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W s - Town Center
x 740 West Boston Post Road,Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
Memorandum saltieri@townofmamaroneckny.org
To: Supervisor and Town Board www.townofmamaroneckny.org
Re: COVID Response-TMPD Vacation Payout
Date: July 13,2020
We have been evaluating our expenses in connection with our COVID response and overtime is
one of the more critical expenses under review. When the spread of the virus in our area was at
its worst, the Town implemented a series of scheduling changes for our employees. The purpose
was to maintain distancing between employees and at the same time insure continuity of Town
services.
In the Police Department, the Town adjusted the work schedule to twelve-hour shifts versus the
standard eight-hour shifts between March 26 and June 29. The change allowed us to create a
squad system to minimize contact between officers. The change was also in response to the fact
that several of our officers had tested positive for COVID. The intent was to minimize the
spread of the virus within the department. As part of the schedule change all scheduled
vacations were cancelled to insure that there were sufficient officers available to cover the work
tours.
For all of 2020, 750 vacation days are scheduled within the department during the calendar year.
In normal times, vacation is scheduled throughout the entire calendar year. Also, in a normal
year there would be roughly 370 days of vacation scheduled between July 1 and December.
Roughly, half of the days would require an overtime assignment to fill the vacant tours caused by
the vacation. However, in 2020 due to the COVID crisis,there are 709 vacation days to be
scheduled between July 1 and December 31 due to the cancellation of vacations between March
and June. We are conservatively estimating 400 overtime tours would be necessary to cover the
vacations at a cost of$263,200. There would also be roughly another$33,600 in overtime to
cover personal leave.
A solution to address this issue is to offer police officers a vacation buyback program. The
program as proposed would on average call for a buyback of ten days per officer. Below is a
comparison of expenses with and without the buyback program.
Total Costs With Buyback Total Cost Without Buyback
#of Vacation Days 369 709
Est. #of Overtime Tours 190 400
Overtime Costs @ $658/day $125,020 $263,200
Cost of Vacation Buyout $145,138 -0-
Total Costs $270,020 $263,200
Also,attached is an addendum regarding the paid time off usage.
Wage
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On its face there appears to be little difference between having a buyback program and not
having a buyback program. However, for the following reasons the potential costs associated
with not offering the buyback program could be significant;
* There is the practical feasibility of scheduling over 700 vacation days in just six months.
It would be difficult at best and there is the added impact should additional absences arise
due to illness or injury. Overtime for those tours on top of covering vacations could
further increase expenses.
• The collective bargaining agreement between the Town and the PBA permits a police
officer be paid for overtime or to take compensatory time off.Normally,this is not an
issue however in the current environment depending upon the amount of compensatory
time off requested; it could further increase our overtime expenses. Another aspect of
this is that if the compensatory time is used in a subsequent year,the rate of pay will be
higher.
* We also researched the idea of allowing the officers to carry over vacation time to 2021.
However, that appears to be kicking the can down the road. The Town would have to
schedule that many more vacation days.
Therefore, in view of what we hope will be the unique circumstances brought on by the COVID
crisis,the recommendation is to initiate the vacation buyout plan. I have requested on the agenda
an executive session to discuss this plan. Should the Board concur with the recommendation; a
resolution of approval will be required in the public portion of the meeting. If you think of
additional information that may be helpful prior to Wednesday's meeting,please let me know.
[' Stephen V. Alfieri
Town Administrator
cc: Connie Green O'Donnell
Tracy Yogman
Christina Battalia
Chief Paul Creazzo
Lt. James Maher
Lindsey Luft
2IPage
TOWN OF MAMARONECK POLICE DEPARTMENT
PAID TIME OFF USAGE
In 2019 between July 15t and December 31St, the following paid time off was used:
369 Vacation Days
190 Days of overtime paid to cover Vacation (51.5%)
For 2020 from July 1"to December 315Y, the following paid time off is available for use:
709 Vacation Days available
400 Days of overtime will be needed to cover Vacation (56.4%)*
I believe 400 Days is a conservative estimate. The cost in overtime for 400 days will be
approximately$263200.
*Keep in mind the vacations for the remainder of 2020 will have to be compressed in order to
fit 709 days in by the end of the year. As a result,the percentage of overtime tours need to
cover the vacations will rise.
We can buy back up to 340 days of vacation due to members of the PBA for$145138 which will
reduce the number vacation days that need to be taken before the end of the year. This buy
back will also inhibit the ability to accumulate compensatory time which will likely generate
future overtime at a higher rate of pay in future years.
TOWN OF MAMARONECK
TOWN BOARD AGENDA
WEDNESDAY, JULY 15, 2020
PURSUANT TO THE STATE'S SUSPENSION OF THE OPEN MEETINGS LAW, THE
TOWN BOARD MEETING is airing live on LMCTV channel 76 Optimum, 35
Verizon/Fios &the www.lmctv.org website: https://Imctv.org/live-meetings-on-Imcty/
5:00PM WORKSESSION TO DISCUSS:
1. Update -Covid Crisis Response
2. Senator Shelley B. Mayer Re: Police Legislation
3. Review- Rock Removal Law
4. Update - Sanitation Commission
5. Review - 2021 Budget Instructions/Budget Calendar
6. Discussion -Task Force on Racial Equality
7. New Business
8. Request for Executive Session
7:30PM CALL TO ORDER
SUPERVISOR'S REPORT
PUBLIC HEARING-2020 Revision of the Mechanical Rock Removal Law
PRESENTATION -Sustainable Westchester
CITIZEN COMMENTS
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Authorization - Housing Inspection Contract- Section 8 Program
2. Resolution - Refunding of Serial Bonds
3. Authorization - Renewal Property Revaluation Consultant Agreement
4. Authorization - IMA Village of Scarsdale -Assessment Grievance Review
5. Remote Meetings by the Board of Assessment Review
6. Adoption - 2021 Budget Preparation Calendar
7. Consideration of Certiorari
REPORT OF MINUTES
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETING-TBD
Any physically handicapped person needing special assistance in order to attend
the meeting should contact the Town Administrator's office at 381-7810.
Town of Mamaroneck
qi)/
From: Tracy Yogman - Town Comptroller
Re: Fire Claims . - . .. .-.,. _
Date: July 15, 2020
The following Town of Mamaroneck Fire Department claims have been certified by Chief Joseph Russo and
submitted to the Comptroller's Office for payment:
VENDOR DESCRIPTION Amount
AAA Emergency Supply Co. Fire Extinguisher Recharge&Refill $ 49.00
MA Emergency Supply Co. Fire Extinguisher recharge&refill 117.50
Amazon.Com Office-batteries, shirts for Volunteers, tarps, bedding,faucet 492.88
Amazon.Com Minitor V Batteries, car wash soap,AAA&AA batteries 302.79
Bound Tree Medical LLC Pulse Oximeter 70.00
Bound Tree Medical LLC Nitrile gloves-small 87.50
Emergency Services Mktg. Corp IamResponding App-annual subscription -6/14/20-21 785.00
Fire Companies.Com Platinum Package Hosting&Maintenance 209.97
Foley Hardware Supplies- brushes, pail and hose 53.95
Grainger Car wax,spray bottle,aerosol penetrant, hand wash,dishwashing,etc. 275.82
LiftOff, LLC. Exchange Online Plan 2 2,880.00
Optimum Cable Services for 6/23/20-7/22/2020 201.58
On The Job Embroidery Embroider US Open Logo on 64 shirts 665.00
Ready Refresh Water Cooler Rental 5/19-6/18/2020 122.96
Joseph Russo Malwarebytes Anti-Malware Premium-6 Mos 49.90
Senate Electronics, Inc. Repair 4 doors on 2nd Floor 482.36
TOM PFFA 6 Mos of Life Insurance Premiums(Jan-Jun) 1,430.52
Ton'ys Nurseries Hanging Baskets&Plants 103.93
UniFirst Corp. Cleaning supplies 5/29, 6/5/2020 251.12
UniFirst Corp. Cleaning supplies 6/12, 6/19, 6/26, 7/3/2020 887.56
United Door Corp. Repair to E36 Door 680.50
Verizon Fire HQ Service 6/10/20-7/9/2020 258.26
Villa Maria Pizza Food for Hands On Training DAY 1 - DAY 3&For Call 8 Nancy LN Extend 200.49
Westchester Elevator Services Maintenance- May&June 2020 350.00
WJWW 205 Weaver St charges 4/26/20-5/25/20 67.50
Total $ 11,076.09
9O .c
o Town of Mamaroneck
Town Center
n
740 West Boston Post Road,Mamaroneck,NY 10543-3353
FOUNDED1661.
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
Memorandum
To: Supervisor and Town Board
Re: Renewal of Housing Inspection Agreement
Section 8 Housing Program
Date: July 10,2020
Attached is a proposed renewal agreement between the Town and McCright and Associates. The
scope of the agreement provides for McCright to provide housing inspection services for the
Town's Section 8 Housing Program. The firm is required to provide the inspections in
accordance with the Federal HUD requirements.
The fees listed on page one of the agreement are unchanged from the previous agreement. Using
a firm for the inspection services has proven to be more effective than using in house staff.
McCright provides similar services for the City of Yonkers and Town of Yorktown Section 8
programs.
ACTION REQUESTED: THAT THE TOWN BOARD APPROVE THE RENEWAL
AGREEMENT WITH MCCRIGHT AND ASSOCIATES TO PROVIDE HOUSING
INSPECTION SERVICES FOR THE TOWN'S SECTION 8 HOUSING VOUCHER
PROGRAM AND THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO
EXECUTE THE AGREEMENT.
Stephen V. Altieri
Town Administrator
tot Printed on Recycled Paper
THIS AGREEMENT made this 7 day of February, 2020 and executed by
and between, THE MUNICIPAL HOUSING AUTHORITY FOR THE CITY OF
YONKERS, at 1511 Central Park Avenue, Yonkers,New York 10710,hereinafter called
the"MHACY" and McCright &Associates at P.O. Box 6038, Chattanooga,Tennessee
37401,a corporation, individual,partnership, and/or joint venture, organized and existing
under the laws of the State of New York, hereinafter called the"Contractor".
Services pursuant to this contract shall begin on the 1" day of March ,2020,
and shall end on the 28th day of February ,2023,unless otherwise extended,
modified, terminated or renewed by the parties as provided for within this contract.
WITNESSETH, that MHACY and the Contractor, in consideration of the mutual
covenants and obligations stated in this Agreement and the other parts of the Contract
Documents,agree as follows:
ARTICLE 1. STATEMENT OF WORK: The services provided pursuant to
this contract generally consist of those services for the Agency as described herein and
within the Appendices. Said services shall be provided on the dates and times
determined by the Agency at the designated Agency community and facilities. In
addition, the Agency shall retain the right to implement and/or enforce any item issued as
a part of RFP No. 2019-13 entitled RESIDENTIAL PROPERTY INSPECTIONS IN
ACCORDANCE WITH FEDERAL HOUSING QUALITY STANDARDS and more
generally described as being responsible for furnishing all labor,material, equipment,
services, relating to residential property inspections services at the properties identified in
the Attachment B.
ARTICLE 2. THE CONTRACT PRICE: MHACY agrees to pay the
Contractor for services herein stated, for the term of the Contract, as follows: Initial
Inspections @$ 40.00 ; Initial Re-Inspection @$ 30.00 ; Annual
Inspections @$ 40.00 ; Annual Failed Re-Inspections @$ 30.00 ;
Complaint Inspections @$ 40.00 ; Inconclusive Inspections @$ 20.00 ;
Quality Assurance Inspections @$ 0.00 ; Emergency Inspections @$ 30.00 ;
Abate Cure Inspections @$40.00 ; Special Inspections @ $40.00
1
ARTICLE 3.THE CONTRACT TERM. The initial contract term for this RFP
shall be for three(3)years with the option to renew for(2)additional one(1) year terms.
Changes in cost for subsequent year renewals will be based on mutual agreement
between both parties no later than 45 days prior to the end of the"current" contract
period. For any pricing increases the Contractor will need to provide written justification
and documentation to support such request. MHACY shall provide the Contractor with
written notice of its intent to extend the Contract at least one ninety(90)days prior to the
expiration of the then current Contract term.
d) Time Performance. The Contractor will complete each assigned task as
assigned by the Agency.
ARTICLE 4. CONTRACT DOCUMENTS: The Contract consists of the
following parts:
a. This Agreement;
b. HUD Form 5370-C entitled"General Conditions for Non-Construction
Contracts;
c. Modification Addendum(if any);
d. Specifications contained in the Request for Proposal entitled
RESIDENTIAL PROPERTY INSPECTIONS IN ACCORDANCE WITH
FEDERAL HOUSING QUALITY STANDARDS ;
e. Signed Copy of Contractor's Bid;
f. Notice of Award and Notice of Intent to Award, each duly signed by
MHACY and Contractor;
g. Drug-Free Workplace Certificate
h. Signed Copy of Contractor's Non-Collusive Affidavit
i. Signed Copy of HUD Form 5369-a, Representations,Certifications
j. Signed Copy of HUD Form 2530, Previous Participation Certificate
k. Insurance Certificates(Workers' Compensation; Commercial General
Liability; and Automobile(if applicable)).
2
ARTICLE 5. PAYMENTS TO CONTRACTOR: Partial payments will be
made as the work progresses at the end of each calendar month, or as soon thereafter as
practicable, on invoices for work performed and approved by the Contracting Officer for
MHACY.
ARTICLE 6. CONTRACTOR OBLIGATIONS Pursuant to this contract, the
Contractor agrees to provide the specific services detailed herein and shall be responsible
for the following:
a. a. MHACY Supervision and Oversight. The Contractor shall be solely
responsible for providing supervision and oversight to all the Contractor's
personnel that are assigned to the Agency properties pursuant to this contract.
While engaged in the performance of the services described herein, only
authorized employees of the Contractor are allowed at MHACY locations
where the work is being performed. During the performance of these services,
the Contractor employees are not to be accompanied in the work area by
acquaintances, family members, associates or any other person(s) who are not
a current, authorized employee(s)of the Contractor.
b. Qualified Personnel. The Contractor warrants and represents that it will
assign only qualified personnel to perform the services outlined herein and
within the appendices. For the purposes of this contract, the term "qualified
personnel"shall mean those personnel that have been investigated,tested, and
trained in the manner described within this contract and, as proposed by the
Contractor within its bid or as provided by the Contractor during the
Contractor's normal conduct of business.
c. Compliance with Federal and State Laws
d. . All work performed by the Contractor,pursuant to this contract,shall be
done in accordance with applicable all Federal, State, and local laws,
regulations, codes, and ordinances.
ARTICLE 7. INSURANCE REQUIREMENTS
3
it
a.) Indemnity: The Contractor shall protect, indemnify and hold harmless
MHACY, its agents, servants and representatives from and against any and all liabilities,
obligations, claims, losses,damages,penalties, causes of action, costs and expenses
(including reasonable attorney's fees, expenses and disbursements, and costs of
investigation) imposed upon or incurred or asserted against MHACY, its agents, servants
and representatives or to which MHACY, its agents, servants and representatives may
become subject,under or by the reason of this Contract,or compliance with the
provisions hereof, performance thereunder or, if required, enforcement thereof.
b.) Insurances. In this regard, the Contractor shall maintain the following
insurance coverage during the effective term(s)of this contract:
i.) General Liability Insurance. An original certificate evidencing General
Liability coverage,naming the Agency as an additional insured, together with the
appropriate endorsement to said policy reflecting the addition of the Agency as an
additional insured under said policy(minimum of$1,000,000 each occurrence, general
aggregate minimum limit of$1,000,000,together with damage to premises and fire
damage of$50,000 and medical expenses any one person of$5,000), with a
commercially reasonable deductible (e.g. "commercially reasonable,"meaning not
greater than 1%of the"general aggregate minimum"of the policy, with a maximum
deductible amount of$50,000;
ii.) Professional Liability Insurance. An original certificate showing the
proposer's professional liability and/or "errors and omissions" coverage(minimum of
$1,000,000 each occurrence, general aggregate minimum limit of$1,000,000),with a
commercially reasonable deductible (e.g. "commercially reasonable," meaning not
greater than I%of the"general aggregate minimum" of the policy, with a maximum
deductible amount of$50,000;
iii.) Automobile Liability Insurance. Automobile Liability coverage in a
combined single limit of$1,000,000. For every vehicle utilized during the term of this
contract, when not owned by the entity, each vehicle must have evidence of automobile
insurance coverage with limits of no less than$100,000/$300,000 and medical pay of
$5,000, with a deductible not greater than$5,000.
iv.) Worker's Compensation Insurance. Worker's compensation coverage
evidencing carrier and coverage amount.
4
v.) Certificates/Endorsements. The Contractor shall provide to the Agency with
current certificate(s)/endorsement(s) evidencing the insurance coverage referenced above.
Failure to maintain the above-referenced insurance coverage, including naming the
Agency as an additional insured (where appropriate)during the term(s)of this contract
shall constitute a material breach thereof. All insurance shall be carried with companies
which are financially responsible and admitted to do business in New York State. If any
such insurance is due to expire during the contract period, the Contractor and
subcontractors shall not permit the coverage to lapse and shall furnish evidence of
coverage to the Contracting Officer. All certificates of insurance, as evidence of
coverage, shall provide that no coverage may be cancelled or non-renewed by the
insurance company until at least 30 days prior written notice has been given to the
Contracting Officer. Insurance certificate(s)/endorsement(s) shall be delivered to the
following person representing the Agency:
Municipal Housing Authority for the City of Yonkers
Attention: Lakisha Collins-Bellamy, Esq.
1511 Central Park Avenue,
Yonkers,NY 10710
ARTICLE 8. ASSIGNMENT OF CONTRACT: The Contractor shall not
assign,_transfer, convey, sublet or otherwise dispose of this Contract to any person,
company or corporation, without the previous consent in writing of MHACY. If the
contractor shall, without the said previous written consent of MHACY, assign,transfer,
convey, sublet or otherwise dispose of this Contract, or the Contractor's title or interest
herein, or the contractor's owner to execute this Contract,to any other person, company
or other corporation,then MHACY shall be relieved and discharged from any and all
liability and obligations growing out of this Contract to such Contractor and to the
person, company or corporation to whom the Contract was assigned,transferred,
conveyed, or sublet to,and the Contractor and the Contractor's assignee,transferee, or
sublessee shall forfeit and lose all monies theretofore earned under this Contract.
ARTICLE 9. DELAYS: The Contractor agrees to make no claim for damages for
delays in the performance of this Contract occasioned by any act or omission to act
whatsoever of MHACY, its agents, servants and representatives, and agrees that any such
claim shall be fully compensated for by an extension of time to complete performance of
5
the work as provided herein. Examples of typical categories of delay(or causes of
delay), which the Contractor agrees are contemplated, are as follows:
a. failure of inability of MHACY to provide access to the site
or to secure utilities
b. errors or inaccuracies in design,changes of scope
c. design changes,defective or incorrect schedules
d. delays in entering into separate prime Contracts
e. acts or omissions of other prim Contractors and the failure
or delay of MHACY in remedying defaults of other prime
Contractors
f. failures of MHACY's management and supervision
g. delays in approving submittals
h. delays in issuing change orders
i. failure to issue timely notice to proceed
j. changed conditions
k. suspensions of the work
1. delays in testing, issuing approvals and permits,punch lists, etc.
m. changes in law
n. delivery of equipment and material by MHACY
o. untimely decisions
P. special circumstances, and
9 delays from any other situations which,while not within
one of the categories delineated above,were or could have
been anticipated because(I) such situations are referred to
elsewhere in this Contract or arise out of the nature of the
work being done; (ii) the Contractor has experienced such
situations on prior construction contracts; and/or(iii)such
situations were discussed as possibilities between
representatives of the parties prior to the bid date or were
otherwise foreseen or should have been foreseen by the
Contractor.
ARTICLE 10. LEGAL ACTION: As part of the consideration for MHACY
entering into this Contract, the Contractor hereby agrees that litigation between them may
6
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be brought onlyin courts located within the State of New York and the Contractorg
consents to the jurisdiction of any such court located within the State of New York, and
further agrees to the venue of any such court as may be chosen by the Authority. The
Contractor waives the personal service of any and all process upon the Contractor, and
consents that all such services of process may be made by certified mail, return receipt
requested,director to the Contractor at the address herein stated.
ARTICLE 11. FULL AGREEMENT: This Contract constitutes the full
understanding of the parties,and may not be amended or modified except in writing
signed by both parties. Should there arise any conflict between the Contract and any
other writing signed by both parties, it is specifically agreed that this Contract will
govern, whether such conflicting documents are prior to or subsequent to this Contract,
unless each subsequent writing specifically enumerates it is in place of all or part of this
Contract.
ARTICLE 12. GOVERNING LAW: The interpretation, validity and
enforcement of this Contract shall be governed by and construed under any and all
present and future local, state and federal laws, statutes,rules and regulations("Laws");
and in the event of a conflict between this Contract and the said Laws, then the latter shall
control.
ARTICLE 13. TERMINATION OF CONTRACT: If the Contractor should
be adjudged bankrupt, or if it should make a general assignment for the benefit of its
creditors, or if a receiver should be appointed on account of its insolvency, or it should
persistently or repeatedly refuse or fail to supply enough properly skilled workmen or
proper materials, or if it should fail to make prompt payment to its employees or
approved subcontractors,or persistently disregard instructions of MHACY or fail to
observe or perform the provisions of this Contract, or otherwise be guilty of a substantial
violation of any provision of this Contract, then MHACY may, without prejudice to any
other rights or remedies of MHACY, terminate this Contract.
In such event, MHACY may take over and prosecute the work to completion, by
contract or otherwise, and the Contractor and its sureties shall be liable to MHACY for
any excess costs occasioned MHACY thereby; and in such case, MHACY may adopt all j
approved subcontracts made by the Contractor and may take possession of and utilize in
completing the work such materials and appliances as may be on the site of the work and
7
necessary therefor. The foregoing provisions are in addition to, and not in limitation of,
any rights of MHACY under any provisions of this Contract.
ARTICLE 14. TERMINATION FOR CONVENIENCE: The Contracting
Officer may terminate this Contract in whole, or part, whenever the Contracting Officer
detennines that such termination is in the best interests of MHACY. Any such
termination shall be effected by delivery to the Contractor of a notice of termination
specifying the extent to which the performance of work under the contract is terminated,
and the date upon which such termination becomes effective. If the Contractor has not
been paid for the work performed to the date of termination, then MHACY shall make
payment of the same, and the Contractor shall have no other claims for such termination.
ARTICLE 15. NOTICES:
e. CONTRACTOR RESPONSIBILITY-Any notice to MHACY must be in
writing, delivered to MHACY's central office, or sent by certified mail, return receipt
requested, address to MHACY at the address listed above.
f. MHACY RESPONSIBILITY—Notice to the Contractor must be in
writing, delivered to the Contractor, or sent by certified mail, return receipt requested,
address to the Contractor at the address listed above.
g. All notices shall be deemed delivered:
(1) Personal Service: upon personal services.
(2) Certified Mail Return Receipt Requested:
(i) If delivered,upon the date it is received and signed for by a recipient.
(ii) If returned to MHACY as undelivered, upon the date affixed to the
certified mail receipt by the Post Office at the time of mailing.
ARTICLE 16. SEVERABILITY: If any provision of this Contract or the
application of any provision of this Contract is held invalid, the remainder of this
Contract and the application of such provision, other than to the extent it is held invalid,
will not be invalidated or affected thereby.
ARTICLE 17. SECTION HEADINGS: Section headings are for convenient
reference only and shall not affect the meaning or have any bearing on the interpretation
of this Contract.
ARTICLE 18. OTHER CONTRACTS: MHACY may undertake or award other
contracts for additional work at or near the site of the work under this Contract. The
8
Contractor shall fully cooperate with the other contractors and with MHACY employees
and shall carefully adapt scheduling and performing the work under this Contract to
accommodate the additional work, heeding any direction that may be provided by the
Contracting Officer. The Contractor shall not commit or permit any act that will interfere
with the performance of work by any other contractor or by MHACY employees.
However, it shall be noted that although MHACY employees may offer assistance and
direction in some instances, final authority for proceeding in any matter rests with the
Contracting Officer.
ARTICLE 19. PERMITS AND CODES:
a. The Contractor shall give all notices and comply with all applicable laws,
ordinances, codes, rules and regulations. Notwithstanding the requirement of the
Contractor to comply with the drawings and specifications in the Contract, all work
installed shall comply with all applicable codes and regulations as amended by any
waivers. Before installing the work, the Contractor shall examine the drawings and the
specifications for compliance with applicable codes and regulations bearing on the work
and shall immediately report any discrepancy it may discover to the Contacting Officer.
Where the requirements of the drawings and specifications fail to comply with the
applicable code or regulation, the Contracting Officer shall modify the Contract by
change order to conform to the code or regulation.
b. The Contractor shall secure and pay for all permits, fees, and licenses
necessary for the proper execution and completion of the work. Where MHACY can
arrange for the issuance of all or part of these permits, fees and licenses, without cost to
the Contractor, the Contract amount shall be reduced accordingly.
ARTICLE 20. HEALTH, SAFETY AND ACCIDENT PREVENTION: In
performing this Contract, the Contractor shall:
a. Ensure that no employee shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous,or dangerous to
his/her health and/or safety.
b. Prevent damage to property, materials, supplies, and equipment; and
c. Avoid work interruptions.
ARTICLE 21. CLEAN AIR AND WATER: (Applicable to Contracts in Excess
of$100,000)
9
a. Definition—"Facility"means any building,plant, installation, structure,
mine, vessel or other floating craft, location,or site of operations, owned, leased, or
supervised by the Contractor or any approved subcontractor, used in the performance of
the Contract or any approved subcontract. When a location or site of operations includes
more than one building, plant, installation, or structure, the entire location or site shall be
deemed a facility except when the Administrator, or a designee, of the Environmental
Protection Agency(EPA)determines that independent facilities are collocated in one
geographical area.
b. In compliance with regulations issued by the United States Environmental
Protection Agency(EPA),40 CFR Part 15,pursuant to the Clean Air Act, as amended
("Air Act"), 42 U.S. C. 7401, et seq., 33 U.S. C. 1251, et seq., and Executive Order
11738, the Contractor agrees to:
(1) Not utilize any facility in the performance of this contract or any
approved subcontract which is listed on the EPA List of Violating
Facilities pursuant to Part 15 of the regulations for the duration of time
that the facility remains on the list;
(2) Promptly notify the Contracting Officer if a facility the Contractor
intends to use in the performance of this Contract is on the EPA List of
Violating Facilities or the Contractor knows that it has been recommended
to be placed on the List.
(3) Comply with all requirements of the Air Act and the Water Act,
including the requirements of Section 114 of the Air Act and Section 308
of the Water Act, and all applicable clean air and clean water standards;
and
(4) Include or cause to be included the provisions of this clause in
every approved subcontract, and take such action as HUD may direct as a
means of enforcing such provisions.
ARTICLE 22. ENERGY EFFICIENCY: Contractor shall comply with all
standards and policies relating to energy efficiency which are contained in the energy
conservation plan issued in compliance with the Energy Policy and Conservation Act
(Pub.L94-163) for New York State.
ARTICLE 23. WARRANTY OF TITLE: The Contractor warrants good title
to all materials, supplies,and equipment incorporated in the work and agrees to deliver
10
the premises together with all improvements thereon free form any claims, liens or
charges, and agrees further that neither it nor any other person, firm or corporation shall
have any right to a lien upon the premises or anything appurtenant thereto.
ARTICLE 24. OTHER WARRANTIES:
a. In addition to any other warranties in this Contract, the Contractor
warrants that work performed under this Contract conforms to the Contract requirements
and is free of any defect in equipment, material, or workmanship performed by the
Contractor or any approved subcontractor or supplier at any tier. This warranty shall
continue for a period of 1 (one year unless otherwise indicated) from the date of
final acceptance of the work. If MHACY takes possession of any part of the work before
final acceptance, this warranty shall continue for a period of 1 (one year unless
otherwise indicated) from the date that MHACY takes possession.
b. The Contractor shall remedy, at the Contractor's expense, any failure to
conform, or any defect. In addition, the Contractor shall remedy, at the ContractorOs
expense, any damage to MHACY owned or controlled real or personal property when the
damage is the result of:
(1) The Contractor's failure to conform to Contract requirements; or
(2) Any defects of equipment,material, workmanship
or design furnished by the Contractor.
c. The Contractor shall restore any work damaged in fulfilling the terms and
conditions of this clause. The Contractor's warranty with respect to work repaired or
replaced will run for 1 (one year unless otherwise indicated) from the date of repair
or replacement.
d. The Contracting Officer shall notify the Contractor, in writing,within a
reasonable time after the discovery of any failure,defect or damage.
e. If the Contractor fails to remedy any failure,defect,or damage within a
reasonable time after receipt of notice, MHACY shall have the right to replace,repair or
otherwise remedy the failure,defect,or damage at the Contractor's expense.
f. With respect to all warranties, express or implied, from approved sub-
contractors, manufacturers, or suppliers for work performed and materials furnished
under this Contract, the Contractor shall:
(1) Obtain all warranties that would be given in normal commercial
practice;
11
(2) Require all warranties to be executed in writing, for the benefit of
MHACY; and,
(3) Enforce all warranties for the benefit of MHACY.
g. Notwithstanding any provisions herein to the contrary, the establishment
of the time periods in paragraphs 24 (a) and 24 (c) above relate only to the specific
obligation of the Contractor to correct the work, and have no relationship to the time
within which its obligation to comply with the Contract may be sought to be enforced,
nor to the time within which proceedings may b commenced to establish the
ContractorOs liability with respect to its obligation other than specifically to correct the
work.
ARTICLE 25. ORDER OF PRECEDENCE: In the event of a conflict between
the Contract and any applicable state or local law or regulation, the state or local law or
regulation shall prevail; provided that such state or local law or regulation does not
conflict with, or is less restrictive than applicable federal law,regulation,or Executive
Order. In the event of such a conflict, applicable federal law, regulation, and Executive
Order shall prevail.
ARTICLE 26. SUSPENSION OF WORK: The Contracting Officer may order
the Contractor in writing to suspend, delay, or interrupt al or any part of the work of this
Contract for the period of time that the Contracting Officer determines appropriate for the
convenience of MHACY; and the Contractor agrees to make no claims for any damages
whatsoever.
ARTICLE 27. EXAMINATION AND RETENTION OF CONTRACTOR'S
RECORDS:
a. MHACY shall, until 3 years after final payment under this Contract,have
access to and the right to examine any of the Contractor's directly pertinent books,
documents,papers, or other records involving transactions related to this Contract for the
purpose of making audit, examination,excerpts and/or transcriptions.
b. The Contractor agrees to include in first-tier approved subcontracts under
this Contract a clause substantially the same as the paragraph above. "Subcontract",as
used in this clause, excludes purchase orders not exceeding$10,000.
c. The periods of access and examination for records relating to(i) appeals
under the Disputes clause of this Contract, (ii) litigation or settlement of claims arising
from the performance of this Contract, or(iii) costs and expenses of this Contract to
12
which MHACY has taken exception shall continue until disposition of such appeals,
litigation, claims or exceptions.
d. In addition to the above, the Contractor agrees to deliver the Contractor's
payroll records to MHACY every quarter for the purpose of making audit, examination,
excerpts and transcriptions.
ARTICLE 28.LOCAL,STATE AND FEDERAL LAWS: Notwithstanding
anything to the contrary herein contained, it is expressly agreed that this Contract is
subject to any and all present and further local,state and federal laws, statutes, rules and
regulations.
IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be
executed in four(41original counterparts as of the day and year first above written.
Seal: McCright&Associates, LLC
(Contractor)
.Attest: f e
101
B
C')/(k. ie A If
Business Address:
928 McCallie Ave
(Street)
Chattanooga,TN 37403
(City) (State) (Zip)
THE MUNICIPAL HOUSING AUTHORITY
FOR THE CITY OF YONKERS
MHACY)
A esti
/VA By
JO' SHULDINER
l acting Officer
LAKISHA COLLINS Business Address:
NOTARY PUBLIC STATE OF NEW YORK
No.02C06346518 1511 Central Park Ave.,P.O.Box 35
Qualified in WesZ,; Count Yonkers, New York 10710
Commission Expires on 08/22/20 . (City) (State)
(Zip)
13
CERTIFICATION
I, Stan McCright ,certify that I am the Partner and
Chief Operating Officer of the corporation, or a General Partner or
Managing Partner of the partnership, named as Contractor in the attached Agreement:
that I, Stan McCright , who signed this Agreement on behalf of the
Contractor,was then a Partner and the Chief Operating Officer of that corporation
or partnership; that I know his signature, and his signature is genuine; and that the
Agreement was duly signed, sealed,and attested for and on behalf of that corporation or
partnersee,uthority of' s$ verning body or partners.
Iii _
Si; e. by 'i%'ecretary . S her Authorized Officer
e .oration or : neral or Managing Partner
14
McCright&Associates,LLC
Name of the Corporation or True Name of the Partnership
Corporate
Seal
VERIFICATION
STATE OF NSW-YOR.K.)TENNESSEE
COUNTY OF Hamilton )s.:
On this day of February 20,2020,before me personally appeared Stan McCright
(Contractor who executed the Agreement),to me known and known to me to be the
individual described in and who executed the foregoing Agreement, and he/she duly
ac .: ledged to me that he/she executed the same.
do
NOTARY PUBL "'� _ -r
-'S.' p Ry' w
,,, ,„:„.„,
..,,,„ ,
`'rlf0N rcort�i,N<p
CERTIFICATION
I,JOSEH SHULDINER,certify that I am the Executive Director of The Municipal
Housing Authority for the City of Yonkers,named as MHACY in the attached
Agreement and that I am authorized to execute the Agreement on behalf of MHACY.
A
g.....---- C {�
J ph Shuldiner,Executive Director
The Municipal Housing Authority for the
City of Yonkers
VERIFICATION
STATE OF NEW YORK)
COUNTY OF WESTCHESTER)s.:
15
On this day of r , 2020, before me personally appeared JOSEPH
SHULDINER, to me known and known to me to be the individual described in and who
executed the foregoing Agreement, and he duly acknowledged to me that he executed the
same.
NOTARY PUBLIC
16
S� 9
4F s,
O .p
c, Town of Mamaroneck
W % m
To���n Center
740 West Boston Post Road, Mamaroneck,NY 10543-3353
. F:l 4:E: IEE ' .
Office of the Comptroller TEL: 914/381-7850
FAX:914/381-7809
towrxwmpt mller(i!townol'mamamn4xk.org
Memorandum
To: Stephen Altieri, Town Administrator
Town Board Members
From: Tracy Yogman, Town Comptroller
Date: July 8, 2020
Re: 2020 Refunding Bond Resolution and Bond Schedule
The outstanding bonds for 2013 and 2014 are $2,380,000 and $6,455,000 respectively.
These bonds were issued at interest rates ranging from 2-3.25%. These bonds funded
many different projects and debt service is paid by various funds. It is in the Town's
best interest to refinance these tax exempt bonds as taxable bonds at a projected interest
rate of approximately 1.64%.
These bonds are not callable (eligible to be paid off earlier than the maturity date) until
2022/2023 and as such cannot be advance refunded on a tax exempt basis due to the
repeal of this cost saving option in the 2017 Tax Cuts and Jobs Act. However, an
advance refunding, which takes place more than 90 days prior to the call date can still
be done on a taxable basis.
As a result, current principal payments will continue to be made in 2022 and 2023, as
scheduled. The funding from this debt issue will be placed in an escrow account that
will be used to pay all callable principal payments on the current debt. The Town will
then pay the new debt service on the refunding bonds beginning in 2021 . Although there
will be overlap of debt service payments, the Town will realize net savings in each fiscal
year. The net savings will be an average of $20k/year or a total of approximately
$267k over the next 14 years (including FY2020).
The attached bond resolution outlines the details of the refunding. This refunding will
only proceed if the bid results on the bonds come back close to or better than the
projected savings. The total bond refunding will be approximately $8,180,000.
In May 2020, the Town Board approved the issuance of debt for the approved projects
for a total of$3,651,000. In addition to the refunding, the Town will issue $11,831,000
in bonds in 2020.
The proposed financing schedule provided by Capital Markets, the Town's financial
advisor is as follows:
Information Request Wednesday, July 1st
Town Returns Info: Tuesday, July 14th
Draft POS: Tuesday, July 21st
Moody's Rating Call: TBD week of July 27th
Mail POS: Tuesday, August 4th
Sell Bonds: Thursday, August 13th
Close Bonds: Tuesday, August 25th
Tentative: Close Refunding Bonds Thursday, September 10th
It is recommended that the attached refunding bond resolution be adopted at a savings
to the Town's operating budget.
REFUNDING BOND RESOLUTION DATED JULY 15, 2020.
A RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO
SECTION 90.00 AND/OR SECTION 90.10 OF THE LOCAL FINANCE LAW
OF REFUNDING BONDS OF THE TOWN OF MAMARONECK,
WESTCHESTER COUNTY, NEW YORK, TO BE DESIGNATED
SUBSTANTIALLY "PUBLIC IMPROVEMENT REFUNDING (SERIAL)
BONDS", AND PROVIDING FOR OTHER MATTERS IN RELATION
THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED
THEREBY.
WHEREAS, the Town of Mamaroneck, Westchester County, New York (hereinafter, the
"Town") heretofore issued an aggregate $4,158,000 Various Purposes (Serial) Bonds, 2013,
pursuant to certain bond resolutions to pay the cost of various Town purposes, such Various
Purposes (Serial) Bonds, 2013, being dated May 22, 2013 and maturing or matured on May 15
annually(the"2013 Bonds"); and
WHEREAS, the Town heretofore issued an aggregate principal amount of $8,860,000
Various Purposes (Serial) Bonds, 2014, pursuant to certain bond resolutions to pay the cost of
various Town purposes, such Various Purposes (Serial) Bonds, 2014, being dated July 29, 2014
and maturing or matured on July 15 annually(the"2014 Bonds"); and
WHEREAS, it would be in the public interest to refund all, or one or more, or a portion
of one or more, of the $2,105,000 outstanding principal balance of the 2013 Bonds maturing in
2022 and thereafter (the "2013 Refunded Bonds"), and the $5,605,000 outstanding principal
balance of the 2014 Bonds maturing in 2023 and thereafter (the "2014 Refunded Bonds",
together with the 2013 Refunded Bonds, the "Refunded Bonds"), each by the issuance of
refunding bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law;and
WHEREAS, each of such refundings will individually result in present value savings in
debt service as so required by Section 90.10 of the Local Finance Law; NOW, THEREFORE, BE
IT
RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County,
New York, as follows:
Section 1. For the object or purpose of refunding the outstanding aggregate
$7,710,000 principal balance of the Refunded Bonds, including providing moneys which,
together with the interest earned from the investment of certain of the proceeds of the refunding
bonds herein authorized, shall be sufficient to pay (i) the principal amount of the Refunded
Bonds, (ii) the aggregate amount of=matured interest payable on the Refunded Bonds to and
including the date on which the Refunded Bonds which are callable are to be called prior to their
respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii)
the costs and expenses incidental to the issuance of the refunding bonds herein authorized,
including the development of the refunding financial plan, as hereinafter defined, compensation
to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing and
performing the terms and conditions of the escrow contract or contracts, as hereinafter defined,
and fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv) the
redemption premium to be paid on the Refunded Bonds which are to be called prior to their
respective maturities, and (v) the premium or premiums for a policy or policies of municipal
bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding
bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not
exceeding $9,000,000 refunding bonds of the Town pursuant to the provisions of Section 90.00
or Section 90.10 of the Local Finance Law (the "Public Improvement Refunding Bonds" or the
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"Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be
issued will be approximately $8,180,000, as provided in Section 4 hereof. The Refunding Bonds
described herein are hereby authorized to be consolidated for purposes of sale in one or more
refunding bond issues. The Public Improvement Refunding Bonds shall each be designated
substantially "PUBLIC IMPROVEMENT REFUNDING SERIAL BOND" together with such
series designation and year as is appropriate on the date of sale thereof, shall be of the
denomination of$5,000 or any integral multiple thereof(except for any odd denominations, if
necessary) not exceeding the principal amount of each respective maturity, shall be numbered
with the prefix R-20 (or R with the last two digits of the year in which the Refunding Bonds are
issued as appropriate) followed by a dash and then from 1 upward, shall be dated on such dates,
and shall mature annually on such dates in such years, bearing interest semi-annually on such
dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall
be determined by the Supervisor pursuant to Section 4 hereof. It is hereby further determined
that (a) such Refunding Bonds may be issued in series, (b) such Refunding Bonds may be sold at
a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law
and pursuant to subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, and (c)
such Refunding Bonds may be issued as a single consolidated issue. It is hereby further
determined that such Refunding Bonds may be issued to refund all, or any portion of, the
Refunded Bonds, subject to the limitation hereinafter described in Section 10 hereof relating to
approval by the State Comptroller.
Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon
such terms as the Supervisor shall prescribe, which terms shall be in compliance with the
requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding
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Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be
redeemed shall be selected by the Town by lot in any customary manner of selection as
determined by the Supervisor.
The Refunding Bonds shall be issued in registered form and shall not be registrable to
bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in
non-certificated form, such bonds, when issued, shall be initially issued in registered form in
denominations such that one bond shall be issued for each maturity of bonds and shall be
registered in the name of Cede& Co., as nominee of The Depository Trust Company, New York,
New York ("DTC"), which will act as securities depository for the bonds in accordance with the
Book-Entry-Only system of DTC. In the event that either DTC shall discontinue the
Book-Entry-Only system or the Town shall terminate its participation in such Book-Entry-Only
system, such bonds shall thereafter be issued in certificated form of the denomination of$5,000
each or any integral multiple thereof (except for any odd denominations, if necessary) not
exceeding the principal amount of each respective maturity. In the case of non-certificated
Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed
by the Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New York,
New York, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede &
Co. in accordance with such Book-Entry-Only System. Principal shall only be payable upon
surrender of the bonds at the principal corporate trust office of such Fiscal Agent (or at the office
of the Town Clerk as Fiscal Agent as hereinafter provided).
In the event said Refunding Bonds are issued in certificated form,principal of and interest
on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as
hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration
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books of the Town maintained by the Fiscal Agent (as hereinafter defined), as of the close of
business on the fifteenth day of the calendar month or first business day of the calendar month
preceding each interest payment date as appropriate and as provided in a certificate of the
Supervisor providing for the details of the Refunding Bonds. Principal shall only be payable
upon surrender of bonds at the principal corporate trust office of a bank or trust company or
banks or trust companies located or authorized to do business in the State of New York, as shall
hereafter be designated by the Supervisor as fiscal agent of the Town for the Refunding Bonds
(collectively the"Fiscal Agent").
Refunding Bonds in certificated form may be transferred or exchanged at any time prior
to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same
maturity of any authorized denomination or denominations in the same aggregate principal
amount.
Principal and interest on the Refunding Bonds will be payable in lawful money of the
United States of America.
The Supervisor, as chief fiscal officer of the Town, is hereby authorized and directed to
enter into an agreement or agreements containing such terms and conditions as he shall deem
proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or
trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said Town,
to perform the services described in Section 70.00 of the Local Finance Law, and to execute such
agreement or agreements on behalf of the Town, regardless of whether the Refunding Bonds are
initially issued in certificated or non-certificated form; provided, however, that the Supervisor is
also hereby authorized to name the Town Clerk as the Fiscal Agent in connection with the
Refunding Bonds if said Refunding Bonds are issued in non-certificated form.
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The Supervisor is hereby further delegated all powers of this Town Board with respect to
agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local
Finance Law, for said Refunding Bonds, including, but not limited to the determination of the
provider of such credit enhancement facility or facilities and the terms and contents of any
agreement or agreements related thereto.
The Refunding Bonds shall be executed in the name of the Town by the manual or
facsimile signature of the Supervisor, and a facsimile of its corporate seal shall be imprinted
thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the
manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding
Bonds shall contain the recital required by subdivision 4 of paragraph g of Section 90.00 of the
Local Finance Law or subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law, as
applicable, and the recital of validity clause provided for in Section 52.00 of the Local Finance
Law and shall otherwise be in such form and contain such recitals, in addition to those required
by Section 51.00 of the Local Finance Law, as the Supervisor shall determine. It is hereby
determined that it is to the financial advantage of the Town not to impose and collect from
registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds
transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of
Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal
Agent.
Section 3. It is hereby determined that:
(a) the maximum amount of the Refunding Bonds authorized to be issued
pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of
paragraph b of Section 90.10 of the Local Finance Law;
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(b) the maximum period of probable usefulness permitted by law at the time
of the issuance of the respective Refunded Bonds, for the objects or purposes for which
such respective Refunded Bonds were issued is as described in Exhibit A attached hereto
and hereby made a part hereof;
(c) the last installment of the Refunding Bonds will mature not later than the
expiration of the period of probable usefulness of the objects or purposes for which said
respective Refunded Bonds were issued in accordance with the provisions of
subdivision 1 of paragraph a of Section 90.00 of the Local Finance Law or subdivision l
of paragraph c of Section 90.10 of the Local Finance Law, as applicable;
(d) the estimated present value of the total debt service savings anticipated as
a result of the issuance of the Refunding Bonds, if any, computed in accordance with the
provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law,
with regard to each of the respective series of Refunded Bonds, is as shown in the
Refunding Financial Plan described in Section 4 hereof.
Section 4. The financial plan for the aggregate of the refundings authorized by this
resolution (collectively, the "Refunding Financial Plan"), showing the sources and amounts of all
moneys required to accomplish such refundings, the estimated present value of the total debt
service savings and the basis for the computation of the aforesaid estimated present value of total
debt service savings, are set forth in Exhibit B attached hereto and hereby made a part hereof
The Refunding Financial Plan has been prepared based upon the assumption that the Refunding
Bonds will be issued in one series to refund all of the Refunded Bonds in the principal amount of
$8,180,000, and that the Refunding Bonds will mature, be of such terms, and bear interest as set
forth in said Exhibit B. This Town Board recognizes that the Refunding Bonds may be issued in
-7-
one or more series, and for only one or more of the Refunded Bonds, or portions thereof, that the
amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the
Refunding Bonds to be issued by the Town will most probably be different from such
assumptions and that the Refunding Financial Plan will also most probably be different from that
attached hereto as Exhibit B. The Supervisor is hereby authorized and directed to determine
which of the Refunded Bonds will be refunded and at what time, the amount of the Refunding
Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and
terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity,
whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance
or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding
Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the
Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding
Bonds shall be issued having substantially level or declining annual debt service and all matters
related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the
Refunding Bonds and all powers in connection therewith are hereby delegated to the Supervisor;
provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of
interest borne thereby, shall comply with the requirements of Section 90.00 or Section 90.10 of
the Local Finance Law, as applicable. The Supervisor shall file a copy of his certificates
determining the details of the Refunding Bonds and the final Refunding Financial Plan with the
Town Clerk not later than ten (10) days after the delivery of the Refunding Bonds, as herein
provided.
Section 5. The Supervisor is hereby authorized and directed to enter into an escrow
contract or contracts (collectively the "Escrow Contract") with a bank or trust company, or with
-8-
banks or trust companies, located and authorized to do business in this State as said Supervisor
shall designate (collectively the "Escrow Holder") for the purpose of having the Escrow Holder
act, in connection with the Refunding Bonds, as the escrow holder to perform the services
described in Section 90.10 of the Local Finance Law.
Section 6. The faith and credit of said Town of Mamaroneck, Westchester County,
New York, are hereby irrevocably pledged to the payment of the principal of and interest on the
Refunding Bonds as the same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and interest on such bonds becoming
due and payable in such year. There shall be annually levied on all the taxable real property in
said Town a tax sufficient to pay the principal of and interest on such Refunding Bonds as the
same become due and payable.
Section 7. All of the proceeds from the sale of the Refunding Bonds, including the
premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof
be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the
Refunding Bonds shall be paid to the Town to be expended to pay interest on the Refunding
Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established
pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive
of any interest earned from the investment thereof, shall be irrevocably committed and pledged to
the payment of the principal of and interest on the Refunded Bonds in accordance with
Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded
Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien
shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and
investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall
-9-
immediately be subject thereto without any further act. Such pledge and lien shall be valid and
binding as against all parties having claims of any kind in tort, contract or otherwise against the
Town irrespective of whether such parties have notice thereof
Section 8. Notwithstanding any other provision of this resolution, so long as any of
the Refunding Bonds shall be outstanding, the Town shall not use, or permit the use of, any
proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding
Bonds to be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1986,
as amended, and, to the extent applicable, the Regulations promulgated by the United States
Treasury Department thereunder.
Section 9. In accordance with the provisions of Section 53.00 and of paragraph h of
Section 90.10 of the Local Finance Law, in the event such bonds are refunded, the Town hereby
elects to call in and redeem each respective series of Refunded Bonds which the Supervisor shall
determine to be refunded in accordance with the provisions of Section 4 hereof and with regard
to which the right of early redemption exists. The sum to be paid therefor on such redemption
date shall be the par value thereof plus the redemption premium, and the accrued interest to such
redemption date. The Escrow Agent for the Refunding Bonds is hereby authorized and directed
to cause notice of such call for redemption to be given in the name of the Town in the manner
and within the times provided in the Refunded Bonds. Such notice of redemption shall be in
substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding
Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the
Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become
irrevocable, provided that this paragraph may be amended from time to time as may be necessary
-10-
in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local
Finance Law, or any successor law thereto.
Section 10. The Refunding Bonds shall be sold at public competitive sale or at private
sale to an underwriter as shall be determined by the Supervisor, plus accrued interest from the
date or dates of the Refunding Bonds to the date or dates of the delivery of and payment for the
Refunding Bonds. Subject to the approval of the terms and conditions of such private sale by the
State Comptroller to the extent required by subdivision 2 of paragraph f of Section 90.10 of the
Local Finance Law, the Supervisor, is hereby authorized to execute and deliver a purchase
contract for the Refunding Bonds in the name and on behalf of the Town providing the terms and
conditions for the sale and delivery of the Refunding Bonds to the purchaser. After the
Refunding Bonds have been duly executed, they shall be delivered by the Supervisor to the
purchaserin accordance with said purchase contract or winning purchaser upon the receipt by the
Town of said purchase price, including accrued interest.
Section 11. The Supervisor and all other officers, employees and agents of the Town
are hereby authorized and directed for and on behalf of the Town to execute and deliver all
certificates and other documents, perform all acts and do all things required or contemplated to
be executed, performed or done by this resolution or any document or agreement approved
hereby.
-11-
Section 12. All other matters pertaining to the terms and issuance of the Refunding
Bonds shall be determined by the Supervisor and all powers in connection thereof are hereby
delegated to the Supervisor. The Supervisor shall be further authorized to issue said Refunding
Bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law as said officer shall
determine necessary, in consultation with bond counsel to the Town.
Section 13. The validity of the Refunding Bonds may be contested only if:
1. Such obligations are authorized for an object or purpose for which said Town is
not authorized to expend money, or
2. The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
3. Such obligations are authorized in violation of the provisions of the Constitution.
Section 14. A summary of this resolution, which takes effect immediately, shall be
published in the official newspapers of said Town, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
Dated: July 15, 2020.
-12-
The foregoing resolution was duly put to a vote which resulted as follows:
VOTING
VOTING
VOTING
VOTING
VOTING
The resolution was thereupon declared duly adopted.
* * * * *
-13-
EXHIBIT A
REFUNDED BOND ISSUES
OBJECTS OR PURPOSES
AND PERIODS OF PROBABLE USEFULNESS
$4,158,000 Various Purposes(Serial)Bonds, 2013
Objects or purposes, periods of probable usefulness, Section 11.00 Local Finance
Law subdivisions and bond resolutions all per bond determinations certificate for
bonds dated May 22, 2013 incorporated herein by reference.
AND
$8,860,000 Various Purposes(Serial)Bonds, 2014
Objects or purposes, periods of probable usefulness, Section 11.00 Local Finance
Law subdivisions and bond resolutions all per bond determinations certificate for
bonds dated July 29,2014 incorporated herein by reference.
Refunded Bonds issued with substantially level or declining annual debt service. Allocated to each
financed object or purpose on a pro-rata basis in each maturity based on principal amount allocable to
each object or purpose.
EXHIBIT B
PRELIMINARY REFUNDING FINANCIAL PLAN
TOWN OF MAMARONECK,
WESTCHESTER COUNTY,NEW YORK
Mamaroneck Town
Westchester County,New York
$8,180,000 Various Purpuses Refunding Serial Bonds -2020
Prevailing "Aaa"Taxable Rates+20 bps-6.11.20
Refunding Summary
Dated 08/1512020 I Delivered 08/15/2020
Issue
2013 2014 Summary
Sources Of Funds
Par Amount of Bonds _- _ $2,180,000.00 $6,000,000.00 $8,180,000.00
Total Sources $2,180,000.00 $6,000,000.00 $8,180,000.00
Uses Of Funds
Total Underwriters Discount (0.500%) 10,900.00 30,000.00 40,900.00
Costs of Issuance 19,987.785 5,012.22 55,012.22 75,000.00
Deposit to Current Refunding Fund -_ 2,147,976.74 5,912,350.33 8,060,327.07
Rounding Amount — -_- 1,135.48 - 2,637.45 _ 3,772.93
Total Uses 52,180,000.00 56,000 000.00 58,180,000.00
Flow of Funds Detail
State and Local Government Series(SLGS)rates for 6/23/2020 6/23/2020 6/23/2020
Date of OMP Candidates
Primary Purpose Fund Solution Method Net Funded Net Funded Net Funded
Total Cost of Investments 52,147,976.74 $5,912,350.33 $8,060,327.07
Interest Famines @ 0.179% 2,710.76 19,962.19 22,672.95
Total Draws $2,150,687.50 55,932,312.52 _ _ $8,083,000.02
Issues Refunded And Call Dates
2013 Bonds 5/15/2021
2014 Bonds-- - --— ------- -- - ------ 7/15/2022 --- -------
PV Analysis Summary(Net to Net)
Net PV Cashflow Savings2a 1.569%°(A1C) 39,439.96 193,499.91 _ 234,029.50
Contingency or Rounding Amount —- 1,135.48_-_ 2,637.45 3,772.93
Net Present Value Benefit $40,575.44 $196,137.36 S237,802.43
Net PV Benefit/Refunded Principal _ _ 1.928% 3.499% 3.084%
Net PV Benefit/Refunding Principal 1.861% 3.269% ---- 2.907%
Average Annual Cash Flow Savings — _ 5,098.52 16,130.05 _-- 19,043.49
----- - --
Total New Net D/S 2,585,861.88 7,654,891.88 10,240,753.76
Total Prior D/S 2626,650_00 _ 7,880,712.62 _- - 10,507,362.62
Total Cashflow Saving 40,788.12 225,820.74 _ 266,608.86
Bond Statistics
Average Life 4.778 Years 7.819 Years _ 7.009 Years
Average Coupon 1.2036666%_ 1.6610719% 13779762%
Net Interest Cost kW) -1.3083234% 1.7250173% 1.6493176%
et,-,..1 Vi.t.1 f.ed.:r......P.,,, .e.., _ 1 CARR/11110 --- 1 CRR4M11°/ ----. ._- --1 CFRRM1w-
Mamaroneck Town
Westchester County,New York
$8,180,000 Various Purpuses Refunding Serial Bonds -2020
Prevailing "Aaa" Taxable Rates+20 bps- 6.1 1.20
Debt Service Schedule
Date Principal Coupon Interest Total P+I
11/15/2020 - - - .
05/15/2021 50,000.00 0.680% 84,489.76 134,489.76
11/15/2021 - - 56,156.50 56,156.50
05/15/2022 355,000.00 0.730% 56,156.50 411,156.50
11/15/2022 - - 54,860.75 54,860.75
05/15/2023 800,000.00 0.780% 54,860.75 854,860.75
11/15/2023 - - 51,740.75 51,740.75
05/15/2024 805,000.00 0.870% 51,740.75 856,740.75
11/15/2024 - - 48,239.00 48,239.00
05/15/2025820 000.00 1.060% 48,239.00 868,239.00
11/15/2025 - - 43,893.00 43,893.00
05/15/2026 830,000.00 1.210% 43,893.00 873,893.00
11/15/2026 - - 38,871.50 38,871.50
05/15/2027 840,000.00 1.360% 38,871.50 878,871.50
11/15/2027 _ -_ - 33,159.50 33,159.50_
05/15/2028 855,000.00 1.540% 33,159.50 888,159.50
I 1/15/2028 _ - 26,576.00 26,576.00
05/15/2029 540,000.00 1.690% 26,576.00 566,576.00
11/15/2029 - - 22,013.00 22,013.00
05/15/2030 555,000.00 1.810% 22,013.00 577,013.00
11/15/2030 - - 16,990.25 16,990.25
05/15/2031 565,000.00 1.900% 16,990.25 581,990.25
11/15/2031 - - 11,622.75 11,622.75
05/15/2032 575,000.00 1.970% 11,622.75 586,622.75
1/15/20325-
-
,959.00 5,959.00
05/15/2033 590,000.00 2.020% 5,959.00 595,959.00
Total 58,180,000.00 - 5904,653.76 $9,084,653.76
Yield Statistics
Bond Year Dollars $57,330.00
Average Life 7.009 Years
Average Coup n 1.5779762%
Net Interest Cost(NIC) 1.6493176%
True Interest Cost(TIC) 1.6448749%
Bond Yield for Arbitrage Purposes - 1.5686002%
All Inclusive Cost(AIC) 1.5686002%
IRS Form 8038
Net Interest Cost 1.5779762%
Weighted Average Maturity 7.009 Years
2020 Refunding-6.25.20 I Issue Summary I 7/7/2020 I 9.56 AM
. • . ll . _ • •
Mamaroneck Town
Westchester County,New York
$8,180,000 Various Purpuses Refunding Serial Bonds-2020
Prevailing "Aaa" Taxable Rates+20 bps- 6.11.20
Gross Debt Service Comparison
Date Principal Coupon Interest New DMS Old DIS Savings
12/31/2020 - - - - 22,843.75 22,843.75
12/31/2021 50,000.00 0.680% 140,646.26 190,646.26 209,343.76 18,697.50
12/31/2022 355,000.00 0.730% 111,017.25 466,017.25 486,543.76 20,526.51
12/31/2023 800,000.00 0.780% 106,601.50 906,601.50 925,893.76 19,292.26
12/31/2024 805,000.00 0.870% 99,979.75 904,979.75 925,243.76 20,264.01
12/31/2025 820,000.00 1.060% 92,132.00 912,132.00 928,093.76 15,961.76
12/31/2026 830,000.00 1.210% 82,764.50 912,764.50 934,150.01 21,385.51
12/31/2027 840,000.00 1.360% 72,031.00 912,031.00 932,668.76 20,637.76
12/31/2028 855,000.00 1.540% 59,735.50 914,735.50 934,968.76 20,233.26
12/31/2029 540,000.00 1.690% 48,589.00 588,589.00 605,756.26 17,167.26
12/31/2030 555,000.00 1.810% 39,003.25 594,003.25 610,156.26 16,153.01
12/31/2031 565,000.00 I.900% 28,613.00 593,613.00 608,956.26 15,343.26
12/31/2032 575,000.00 1.970% 17,581.75 592,581.75 612,306.26 19,724.51
12/31/2033 590,000.00 2.020% 5,959.00 595,959.00 614,337.50 18,378.50
Total 58,180,000.00 - S904,653.76 $9,084,653.76 59,351,262.62 5266,608.86
PV Analysis Summary(Gross to Gross)
Gross PV Debt Service Savings — 234,029.50
Contingency or Rounding Amount 3,772.93
Net Present Value Benefit S237,802.43
Net PV Benefit/ $7,710,000 Refunded Principal — __— — _ 3.084%
Net PV Benefit!$8,180,000RefundinRPrincipal --_.._—•— --_-- 2.907%
Refunding Bond Information
Refunding Dated Date _ 8/15/2020
Refunding Delivery Date 8/15/2020
2020 Refunding•6.25-20 I Issue Summary I 717/2020 I 9:56 AM
— ra — II . . s •
Mamaroneck Town
Westchester County,New York
$8,180,000 Various Purpuses Refunding Serial Bonds -2020
Prevailing "Aaa" Taxable Rates+20 bps- 6.11.20
Debt Service Comparison
Date Total P+I Existing DIS Net New DIS Old Net DIS Savings
12/31/2020 - 2,750.00 2,750.00 25,593.75 22,843.75
12/31/2021 190,646.26 714,750.00 905,396.26 924,093.76 18,697.50
12/31/2022 466,017.25 438,600.00 904,617.25 925,143.76 20,526.51
12/31/2023 906,601.50 - 906,601.50 925,893.76 19,292.26
12/31/2024 904,979.75 - 904,979.75 925.243.76 20,264.01
12/31/2025 912,132.00 - 912,132.00 928,093.76 15,961.76
12/31/2026 912,764.50 - 912,764.50 934,150.01 21,385.51
12/31/2027 912,031.00 - 912,031.00 932,668.76 20,637.76
12/31/2028 914,735.50 - 914,735.50 934,968.76 20,233.26
12/31/2029 _ 588,589.00 - 588,589_00 605,756.26 17167.26
12/31/2030 594,003.25 - 594,003.25 610,156.26 16,153.01
12/31/2031 593,613.00 - 593,613.00 608,956.26 15,343.26
I2/31/2032 592,581.75 - 592,581.75 612,306.26 19,724.51
12/31/2033 595,959.00 - 595,959.00 614,337.50 18,378.50
Total $9,084,653.76 S1,156,100.00 $10,240,753.76 $10,507,362.62 $266,608.86
PV Analysis Summary(Net to Net)
Gross PV Debt Service Savin 234,029.50
Net PV Cashilow Savings es 1.569%(A1C) 234,029.50
Contingency or.Rounding Amount 3,772.93
Net Present Value Benefit $237,802.43
Net PV Benefit/ $7,710,000 Refunded Principal 3.084%
Net PV Benefit/ $8,180,000 Refunding Principal 2.907%
Refunding Bond information
Refunding Dated Date __ _ 8/15/2020
Refunding DeliveryDate 8/15/2020
2020 Refunding-6 25 20 I Issue Summary I 7/7/2020 I 9:56 AM
Mamaroneck Town
Westchester County,New York
$8,180,000 Various Purpuses Refunding Serial Bonds -2020
Prevailing "Aaa" Taxable Rates +20 bps - 6.11.20
Pricing Summary
Type of Maturity
Maturity Bond Coupon Yield Value Price Dollar Price
05/15/2021 Serial Coupon 0.680% 0.680% 50,000.00 100.000% 50,000.00
05/15/2022 Serial Coupon 0.730% 0.730% 355,000.00 100.000% 355,000.00
05/15/2023 Serial Coupon 0.780% 0.780% 800,000.00 100.000% 800,000.00
05/15/2024 Serial Coupon 0.870% 0.870% 805,000.00 100.000% 805,000.00
05/15/2025 Serial Coupon 1.060% 1.060% 820,000.00 100.000% __ 820,000.00
05/15/2026 Serial Coupon 1.210% 1.210% 830,000.00 100.000% 830,000.00
05/15/2027 Serial Coupon 1.360% 1.360% 840,000.00 100.000% 840,000.00
05/15/2028 Serial Coupon 1.540% 1.540% 855,000.00 100.000% 855,000.00
05/15/2029 Serial Coupon 1.690% 1.690% 540,000.00 100.000% 540,000.00
05/15/2030 Serial Coupon 1.810% 1.810% 555,000.00 100.000% 555,000.00
• 05/15/2031 Serial Coupon 1.900% 1.900% 565,000.00 100.000% 565,000.00
05/15/2032 Serial Coupon 1.970% 1 970% 575,000.00 100.000% 575,000.00
05/15/2033 Serial Coupon 2.020% 2.020% 590,000.00 100.000% 590,000-00
Total - - S8,180,000.00 - S8,180,000.00
Bid Information
Par Amount of Bonds _18,180,000.00
Gross Production 18,180.000.00
Total Underwriter's Discount (0.500%) 1(40,900.00)
Bid(99.500%) 8,139,100.00
Total Purchase Price $8,139,100.00
Bond Year Dollars $57,330.00
Average Life __ 7.009 Years
Average Com 1.5779762%
Net Interest Cost(NIC) 1.6493176%
True Interest Cost(TIC) 1.6448749%
2020 Retundng-6.25.20 I Issue Summary 1 7/7/2020 I 9:56 AM
. • I =• •
Mamaroneck Town
Westchester County,New York
$8,180,000 Various Purpuses Refunding Serial Bonds - 2020
Prevailing "Aaa" Taxable Rates +20 bps- 6.11.20
Current Refunding Escrow
Date Principal Rate Interest Receipts Disbursements Cash Balance
08/15/2020 - - - 1.07 - 1.07
11/15/2020 22,835.00 0.150% 8.63 22,843.63 22,843.75 0 95
01/15/2021 77,464.00 0.170% 4,364.57 81,828.57 81,828.13 1.39
05/15/2021 2,125,141.00 0.170% 2,702.13 2,127,843.13 2,127,843.75 0.77
07/15/2021 76,526.00 0.170% 5,301.56 81,827.56 81,828.13 0.20
01/15/2022 76,646.00 0.180% 5,182.52 81,828.52 81,828.13 0.59
07/15/2022 5,681,714.00 0.180% 5,113.54 5,686,827.54 5,686,828.13 -
Total $8,060,326.00 - 522,672.95 $8,083,000.02 $8,083,000.02 -
Investment Parameters
Investment Model IPV,GIC,or Securities] Securities
Default investment yield target _ —_ _ .__ Bond Yield
Cash Deposit 1.07
Cost of Investments Purchased with Bond Proceeds8,060,326.00
Total Cost of Investments $8,060,327.07
Target Cost of Investments at bond yield $7,886,853.40
Actual positive or(negative)arbitrap (173,473_67)
Yield to Receipt _ 0.1785159%
Yield for Arbitrage Purposes 1.5686002%
State and Local Government Series(SLGS)rates for 6/23/2020
2020 Reluntlmg-6.25.20 1 Issue Summary 17)7!2020 19.56 AM
1/— . ± a a
Mamaroneck Town
Westchester County,New York
$8,180,000 Various Purpuses Refunding Serial Bonds - 2020
Prevailing "Aaa" Taxable Rates + 20 bps- 6.11.20
Escrow Summary Cost
Par Principal +Accrued
Maturity Type Coupon Yield $Price Amount Cost Interest = Total Cost
Escrow
11/15/2020 SLGS-CI 0.150% 0.150% 100.0000000% 22,835 22,835.00 - 22,835.00
01/15/2021 SLGS-CI 0.170% 0.170% 100.0000000% 77,464 77,464.00 - 77,464.00
05/15/2021 SLGS-CI 0.170% 0.170% 100.0000000% 2,125,141 2,125,141.00 - 2,125,141.00
07/15/2021 SLGS-CI 0.170% 0.170% 100.0000000% 76,526 76,526.00 - 76,526.00
01/15/2022 SLGS-NT 0.180% 0.180% 100.0000000% 76,646 76,646.00 - 76,646.00
07/15/2022 SLGS-NT 0.180% 0.180% 100.0000000% 5,681,714 5,681,714.00 - 5,681,714.00
Subtotal - - - $8,060,326 $8,060,326.00 - $8,060,326.00
Total - - - S8,060,326 $8,060,326.00 - $8,060,326.00
Escrow
Cash Deposit —— — 1.07
Cost of Investments Purchased with Bond Proceeds 8,060,326.00
Total Cost of Investments $8,060,327.07
Delivery Date 8/15/2020
2020 Refunding-6.25.20 I Issue Summary 1 7/7/2020 I 9.56 AM
• l/ A • •
Mamaroneck Town
Westchester County,New York
$8,]80,000 Various Purpuses Refunding Serial Bonds- 2020
Prevailing "Aaa" Taxable Rates+ 20 bps - 6.1 1.20
Summary Of Bonds Refunded
of Maturity
Issue Maturity Type Bond Coupon Value Call Date Call Price
Dated 5/22/2013 i Delivered 5222013
2013 Bonds 05/15/2022 Serial Coupon 2.000% 280.000 05/15/2021 100.000%
2013 Bonds 05/15/2023 Serial Coupon 2.000% 285,000 05/15/2021 100.000%
2013 Bonds 05/15/2024 Serial Coupon 2.000% 290,000 05/15/2021 100.000%
2013 Bonds 05/15/2025 Serial Coupon 2.000% 300,000 05/15/2021 100.000%
2013 Bonds 05/15/026 Serial Coupon 2125% 310,000 05/152021 _100.000%
2013 Bonds 05/15/2027 Serial Coupon 2.500% 315,000 05/15/2021 100.000%
2013 Bonds 05/15/2028 Serial Coupon 2.500% 325,000 05/15/2021 100.000%
Subtotal - - S2,105,000 - -
Dated 729/2014 I Deli,Bred 7/29/2014
2014 Bonds 07/15/2023 Serial Coupon 2.250% 440,000 07/15/2022 100.000%
2014 Bonds 07/15/2024 Serial Coupon 2.500% 450,000 07/15/2022 100.000%
2014 Bonds 07/15/2025 Serial Coupon 2.750% 460,000 07/15/2022 100.000%
2014 Bonds 07/15/2026 Serial Coupon 3.000% 475,000 07/15/2022 100.000%
2014 Bonds 07/15/2027 Serial Coupon 3.000% 490,000 07/15/2022 100.000%
2014 Bonds 07/15/2028 Serial Coupon 3.000% 505,000 07/15/2022 100.000%
2014 Bonds 07/15/2029 Serial Coupon 3.000% 520,000 07/15/2022 100.000%
2014 Bonds 07/15/2030 Serial Coupon 3.000% 540,000 07/152022 100.000%
2014 Bonds 07/15/2031 Serial Coupon 3.000% 555,000 07/15/2022 100.000%
2014 Bonds 07/15/2032 Serial Coupon 3.125% 575,000 07/15/2022 100.000%
2014 Bonds 07/15/2033 Serial Coupon 3.250% 595,000 07/15/2022 100.000%
Subtotal - - 55,605,000 - -
Total - - 57,710,000 - -
2020 Refuntlmg-6.25.20 I Issue Summary I 717/2020 1 9.56 AM
. • . 1/ . . ! • •
Mamaroneck Town
Westchester County,New York
$2,180,000 Various Purpuses Refunding Serial Bonds -2020
Prevailing "Aaa" Taxable Rates +20 bps- 6.11.20
Gross Debt Service Comparison
Date Principal Coupon Interest New DIS Old DIS Savings
12/31/2020 - - - - 22,843.75 22,843.75
12/31/2021 15,000.00 0.680% 29,484.63 44,484.63 45,687.50 1,202.87
12/31/2022 300,000.00 0.730% 22,431.50 322,431.50 322,887.50 456.00
12/31/2023 300,000.00 0.780% 20,166.50 320,166.50 322,237.50 2,071.00
12/31/2024 300,000.00 0.870% 17,691.50 317,691.50 321,487.50 3,796.00
12/31/2025 310,000.00 1.060% 14,743.50 324,743.50 325,587.50 844.00
12/31/2026 315,000.00 1.210% 11,194.75 326,194.75 329,293.75 3,099.00
12/31/2027 315,000.00 1.360% 7,147.00 322,147.00 327,062.50 4,915.50
12/31/2028 325,000.00 1.540% 2,502.50 327,502.50 329,062.50 1,560.00
Total 52,180,000.00 - $125,361.88 $2,305,361.88 S2,346,150.00 $40,788.12
PV Analysis Summary(Gross to Gross)
Gross PV Debt Service Savings 39,439.96
Contingency or Rounding Amount 1 135.48
Net Present Value Benefit $40,575.44
Nd PV Benefit/ $2,105,000 Refunded Principal 1.928%
Net PV Benefit/ $2,180,000 Refunding Principal 1.861%
Refunding Bond Information
Refunding Dated Date -_-_-----— _ - — --- -_--_ 8/15/2020
Refunding Delivery Date 8/15/2020
2020 Refunding-6.25.20 I 2013 17/7/2020 I 9.56 AM
_ • - 11 _ ! • •
Mamaroneck Town
Westchester County,New York
$2,180,000 Various Purpuses Refunding Serial Bonds -2020
Prevailing "Aaa"Taxable Rates + 20 bps- 6.11.20
Debt Service Comparison
Existing
Date Total PO D!S Net New D!S Old Net DIS Savings
12/31/2020 - 2,750.00 2,750.00 25,593.75 22,843.75
12/31/2021 44,484.63 277,750.00 322,234.63 323,437.50 1,202.87
12/31/2022 322,431.50 322,431.50 322,887.50 456.00
12/31/2023 320,166.50 - 320,166.50 322,237.50 2,071.00
12/31/2024 317,691.50_ _ _ 317,691.50 321,487.50 3,796.00
12/31/2025 324,743.50 - 324,743.50 325,587.50 844.00
12/31/2026 326,194.75 - 326,194.75 329,293.75 3,099.00
12/31/2027 322,147.00 - 322,147.00 327,062.50 4,915.50
12/31/2028 327,502.50 - 327,502.50 329,062.50 1,560.00
Total $2,305,361.88 $280,500.00 $2,585,861.88 $2,626,650.00 $40,788.12
PV Analysis Summary(Net to Net)
Gross PV Debt Service Savings 39,439.96
Net PV Cashflow Savings a 1.201%.(A1C) 39,439.96
Contingency or Rounding Amount _ _ 1,135.48
Net Present Value Benefit $40,575.44
Net PV Benefit/ $2,105,000 Refunded Principal _ 1.928%
Net PV Benefit/$2,180,000 Refunding Principal 1.861%
Refunding Bond Information
Refunding Dated Date _ 8/15/2020
Refunding Delivery—Date 8/15/2020
2020 Refunding.6 25.20 I 2013 I 7/7/2020 I 9.56 AM
Mamaroneck Town
Westchester County,New York
$4,158,000 Various Purpuses Serial Bonds -2013
Debt Service To Maturity And To Call
Refunded Refunded Refunded
Date Bonds Interest DIS To Call Principal Coupon Interest DIS
08/15/2020 --
-
- -
11/15/2020 - 22,843.75 22,843.75 - - 22,843.75 22,843.75
05/15/2021 2,105,000.00 22,843 75 2.127,843.75 - 2.000% 22,843.75 22,843.75
11/15/2021 - - - - - 22,843.75 22,843.75
05/15/2022 - - 280,000.00 2.000% 22,843.75 302,843.75
11/15/2022 20,043.75 20,043.75
05/15/2023 - - - 285,000.00 2.000% 20,043.75 305,043.75
11/15/2023 - - - - - 17,193.75 17,193.75
05/15/2024 - - - 290,000.00 2.000% 17,193.75 307,193.75
11/15/2024 - - - - - 14,293.75 14,293.75
05/15/2025 - - - 300,000.00 2.000% 14,293.75 314,293.75
11/15/2025 - - - - - 11,293.75 11,293.75
05/15/2026 - - - 310,000.00 2.125% 11,293.75 321,293.75
11/15/2026 - - - - 8,000.00 8,000.00
05/15/202_7 - - 315,000.00 2.500% 8,000.00 323,000.00
11/15/2027 - - - - 4,062.50 4,062.50
05/15/2028 - - - 325,000.00 2.500% 4,062.50 329,062.50
Total 52,105,000.00 545,687.50 S2,150,687.50 S2,105,000.00 - $241,150.00 S2,346,150.00
Yield Statistics
Base date for Avg.Life&Avg.Coupon Calculation 8/15/2020
Average Life _ __ 4.852 Years
Average Coupon ---_-- � 2.2492046%
Weighted Average Maturity(Par Basis) _ — ——— ——y —.. 4.852_Years
Weighted Average Maturity(Original Price Basis) — ! .— _ —_�` — 4.852 Years
Refunding Bond Information
Refunding Dated Date 8/15/2020
Refunding Delivery Date—_ — 8/15/2020
2013 Bonds 1 SINGLE PURPOSE 1 7)712020 I 9.56 AM
. I . 1I . GO •
Mamaroneck Town
Westchester County,New York
$6,000,000 Various Purpuses Refunding Serial Bonds - 2020
Prevailing "Aaa" Taxable Rates+20 bps- 6.1 1.20
Gross Debt Service Comparison
Date Principal Coupon Interest New DIS Old DMS Savings
12/31/2020 - - - - - -
12/31/2021 35,000.00 0.680% 111,161.63 146,161.63 163,656.26 17,494.63
12/31/2022 55,000.00 0.730% 88,585.75 143,585.75 163,656.26 20,070.51
12/31/2023 500,000.00 0.780% 86,435.00 586,435.00 603,656.26 17,221.26
12/31/2024 505,000.00 0.870% 82,288.25 587,288.25 603,756.26 16,468.01
12/31/2025 510,000.00 1.060% 77,388.50 587,388.50 602,506.26 15,117.76
12/31/2026 515,000.00 I 210% 71,569.75 586,569.75 604,856.26 18,286.51
12/31/2027 525,000.00 1.360% 64,884.00 589,884.00 605,606.26 15,722.26
12/31/2028 530,000.00 1.540% 57,233.00 587,233.00 605,906.26 18,673.26
12/31/2029 540,000.00 1.690% 48,589.00 588 589.00 605,756/6 17,167.26
12/31/2030 555,000.00 1.810% 39,003.25 594,003.25 610,156.26 16,153.01
12/31/2031 565,000.00 1.900% 28,613.00 593,613.00 608,956.26 15,343.26
12/31/2032 575,000.00 1.970% 17,581.75 592,581.75 612,306.26 19,724.51
12/31/2033 590,000.00 2.020% 5,959.00 595,959.00 614,337.50 18,378.50
Total $6,000,000.00 - $779,291.88 $6,779,291.88 $7,005,112.62 $225,820.74
PV Analysis Summary(Gross to Gross)
Gross PV Debt Service Savings 193,499.91
Contingency or Rounding Amount2,637.45
Net Present Value Benefit $196,137.36
Net PV Benefit/ $5,605,000 Refunded Principal - _ _ 3.499%
Net PV Benefit/ $6,000,000 Refunding Principal_ _ _ 3.269%
Refunding Bond Information
Refundin1Dated Date _ 8/15/2020
Refunding DeliveryDate 8/15/2020
2020 Refunding-6.25.20 I 2014 17/7(2020 19.56 AM
Mamaroneck Town
Westchester County,New York
$6,000,000 Various Purpuses Refunding Serial Bonds- 2020
Prevailing "Aaa" Taxable Rates+ 20 bps - 6.11.20
Debt Service Comparison
Existing
Date Total P+I DIS Net New DIS Old Net DIS Savings
12/31/2020 - - - .. -
12/31/2021 146,161.63 437,000.00 583,161.63 600,656.26 17,494.63
12/31/2022 143,585.75 438,600.00 582,185.75 602,256.26 20,070.51
12/31/2023 586,435.00 - 586,435.00 603,656.26 17,221.26
12/31/2024 587,288.25 - 587,288.25 603,756.26 16,468.01
12/31/2025 587,388.50 - 587,388.50 602,506.26 15,117.76
12/31/2026 586,569.75 - 586,569.75 604,856.26 18,286.51
12/31/2027 589,884.00 - 589,884.00 605,606.26 15,722.26
12/31/2028 587,233.00 - 587,233.00 605,906.26 18,673.26
12/31/2029 588,589.00 - 588,589.00 605,756.26 17,167.26
12/31/2030 594,003.25 - 594,003.25 610,156.26 16,153.01
12/31/2031 593,613.00 - 593,613.00 608,956.26 15,343.26
12/31/2032 592,581.75 - 592,581.75 612,306.26 19,724.51
12/31/2033 595,959.00 - 595,959.00 614,337.50 18,378.50
Total S6,779,291.88 5875,600.00 $7,654,891.88 S7,880,712.62 S225,820.74
PV Analysis Summary(Net to Net)
Gross PV Debt Service Savings 193,499.91
Net PV Cashfow Savings 2 1.652•%(A1C) 193,499.91
Contingency or Rounding Amount 2,637.45
Net Present Value Benefit 5196,137.36
Net PV Benefit/ $5,605,000 Refunded Principal 3.499%
Net PV Benefit/ S6,000,000 Refunding Principal 3.269%
Refunding Bond information
Refimding Dated Date 8/15/2020
Refunding Delivery Date 8/15/2020
2020 Refunding-6.25.20 I 2014 1 7/7/2020 I 9.56 AM
. . w 14 . . - A• •
Mamaroneck Town _
Westchester County,New York
$8,860,000 Various Purpuses Serial Bonds -2014
Debt Service To Maturity And To Call
Refunded Refunded Refunded
Date Bonds Interest DIS To Call Principal Coupon Interest D!S
08/15/2020 - _ -
01/15/2021 81,828.13 81,828.13 - - 81,828.13 81,828.13
07/15/2021 - 81,828.13 81,828.13 - 2.000% 81,828.13 81,828.13
01/15/2022 - 81,828.13 81,828.13 - - 81,828.13 81,828.13
07/15/2022 5,605,000.00 81,828.13 5,686,828.13 - 2.000% 81,828.13 81,828.13
01/15/2023 - 81,828.13 81,828.13
07/15/2023 - - - 440,000.00 2-250% 81,828.13 521,828.13
01/15/2024 - - - - - 76,878.13 76.878.13
07/15/2024 - - - 450,000.00 2.500% 76,878.13 526,878.13
01/15/2025 - - - - - 71,253_13 71,253.13
07/15/2025 - - - 460,000.00 2.750% 71,253.13 531,253.13
01/15/2026 - - - - - 64,928.13 64,928.13
07/15/2026 - - - 475,000.00 3.000% 64,928.13 539,928.13
01/15/2027 - - - - - 57,803.13 57,803.13
__07/15/2027 - - - 490,000.00 3.000% 57,803.13 547,803.13
01/15/2028 - - - - - 50,453.13 50,453.13
07/15/2028 - - - 505,000.00 3.000% 50,453.13 555,453.13
01/15/2029 - - - - - 42,878.13 42,878.13
07/15/2029 - - - 520,000.00 3.000% 42,878.13 562,878.13
01/15/2030 - - - - - 35,078.13 35,078.13
07/15/2030 - - - 540,000.00 3.000% 35,078.13 575,078.13
01/15/2031 - - - - - 26,978.13 26,978.13
07/15/2031 - - - 555,000.00 3.000% 26,978.13 581,978.13
01/15/2032 - - - - - 18,653.13 18,653.13
07_ /203/15/2032 - - - 575,000.00 3.125% 18,653.13 593,653.13
01/153 — - 9,668.75 9,668.75
07/15/2033 - - - 595,000.00 3.250% 9,668.75 604,668.75
Total $5,605,000.00 $327,312.52 $5,932,312.52 $5,605,000.00 - 51,400,112.62 57,005,112.62
Yield Statistics
Base date for AvgLLife&Avg.Coupon Calculation 8/15/2020
Average Life 8.224 Years
- -- --------
Average Coupon 3.007999_3%
Weighted Average Maturity(Par Basis) 8.224_Years
Weighted Average Maturity(Original Price Basis) 8.224 Years
Refunding Bond Information
Refunding Dated Date 6/15/2020
Refunding Delivery Date 8/15/2020
2014 Bonds I SINGLE PURPOSE 17/72020 I 9 S6 AM
, Mamaroneck Town 2020 Refunding
LFL Compliance
Urrefunded 2013 Bonds 2020 Refunding Bonds Aggregate Debt Service
Maturity Principal Interest Total DS Maturity Principal Interest Total DS Maturity Principal Interest Total DS %Increase
12/31/2021 275,000.00 2,750.00 277,750.00 12131/2021 15,000.00 29,484.83 44,484.83 12/31/2021 290,000.00 32,234.63 322,234.63
12/31/2022 0.00 12/31/2022 300,000.00 22.431.50 322,431.50 12/31/2022 300,000.00 22,431.50 322,431.50 0.089{
12/31/2023 0.00 12/31/2023 300,000.00 20,166.50 320,166.50 12/31/2023 300,000.00 20,166.50 320,166.50 -0.64%
12/31/2024 0.00 12/31/2024 300,000.00 17,691.50 317,691.50 12/31/2024 300,000.00 17,691.50 317,891.50 -0.77%
12/31/2025 0.00 12/31/2025 310,000.00 14,743.50 324,743.50 12/31/2025 310,000.00 14,743.50 324.743.50 2.22%
12/31/2026 0.00 12131/2028 315,000.00 11,194.75 328,194.75 12/31/2026 315,000.00 11,194,75 328,194.75 2.68%
12/31/2027 0.00 12/31/2027 315,000.00 7,147.00 322,147.00 12/31/2027 315,000.00 7,147.00 322,147.00 1.40%
12/31/2028 0.00 12/31/2028 325,000.00 2,502.50 327,502.50 12/31/2028 325,000.00 2,502.50 327,502.50 3.09%
Total. 275.000.00 2,750.00 277,750.00 Total 2,180,000.00 125,361.88 2,305,361.88 Total 2,455,000.00 128,111.88 2,583,111.88
Urrefurded 2014 Bonds 2020 Refunding Bonds Aggregate Debt Service
Maturity Principal Interest Total DS Maturity Principal Interest Total DS Maturity Principal Interest Total DS %Increase
12/31/2021 420,000.00 17,000.00 437,000.00 12/31/2020 35,000.00 111,161.63 146,161.63 12/31/2020 455,000.00 128,161.83 583,161.63
12/31/2022 430,000.00 8,600.00 438,600.00 12/31/2021 55,000.00 88,585.75 143,585.75 12/31/2021 485,000.00 97,185.75 582,185.75 83.26%
12/31/2023 0.00 12/31/2022 500,000.00 86,435.00 586,435.00 12/31/2022 500,000.00 86,435.00 588,435.00 84.59%
12/31/2024 0.00 12/31/2023 505,000.00 82,288.25 587,288.25 12/31/2023 505,000.00 82,288.25 587,288.25 84.86%
12/31/2025 0.00 12/31/2024 510,000.00 77,388.50 587,388.50 12/31/2024 510,000.00 77,388.50 587.388.50 84.89%
12/31/2026 0.00 12/31/2025 515,000.00 71,569.75 586,569.75 12/31/2025 515,000.00 71,589.75 588,569.75 84.64%
12/31/2027 0.00 12/31/2026 525,000.00 64,884.00 589,884.00 12/31/2028 525,000.00 64,884.00 589,884.00 85.68%
12/31/2028 0.00 12/31/2027 530,000.00 57,233.00 587,233.00 12/31/2027 530,000.00 57,233.00 587,233.00 84.84%
12/31/2029 0.00 12/31/2028 540,000.00 48,589.00 588,589.00 12/31/2028 540,000.00 48,589.00 588,589.00 85.27%
12/31/2030 0.00 12/31/2029 555,000.00 39.003.25 594,003.25 12/31/2029 555,000.00 39,003.25 594,003.25 86.97%
12/31/2031 0.00 12/31/2030 565,000.00 28,613.00 593,813.00 12/31/2030 565,000.00 28,613.00 593,613.00 86.85%
12/31/2032 0.00 12/31/2031 575,000.00 17,581.75 592,581.75 12/31/2031 575,000.00 17,581.75 592,581.75 86.53%
12/31/2033 0.00 12/31/2033 590,000.00 5,959.00 595,959.00 12/31/2033 590,000.00 5,959.00 595,959.00 87.59%
Total 8501000.00 25,800.00 875,600.00 Total 6,000,000.00 779,291.88 6,779,291.88 Taal 6,850000.00 804,891.88 7,654,891.68
. •
Town of Mamaroneck
AA� Town Center
J1� - 740 West Boston Post Road,Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
Memorandum www.townofmamaroneckny.org
To: Supervisor and Town Board
Re: Renewal of Property Revaluation Consultant
Agreement
Date: July 10,2020
The Town's agreement with GAR Associates is up for renewal. If you recall 2020 was the
fourth year in the cycle for a full revaluation of the Town. Although the Town made the decision
to defer any actual change in property assessments as a result of the COVID crisis, GAR has
been collecting data and preparing for the revaluation to be conducted in 2021.
Attached is the proposed renewal agreement with GAR Associates. The terms and conditions
are virtually the same but of course,the dates of the work to be completed have been updated.
The prices quoted in the agreement have remained unchanged from 2017 when we last
completed a full revaluation.
We continue to be pleased with the quality GAR's work. Evidence of their good work is seen in
the fact that since the first revaluation in 2013, we have maintained a 100%value assessment roll
as per New York State's review of our roll. Also, while the number of grievances received is not
an indicator of the quality of GAR's work,the low level of reductions granted by the Board of
Assessment review is a good indicator.
REQUESTED ACTION: THAT THE TOWN BOARD APPROVE THE PROPOSED
RENEWAL AGREEMENT WITH GAR ASSOCIATES AND THAT THE TOWN
ADMINISTRATOR BE AUTHORIZED TO EXECUTE THE AGREEMENT.
Stephen V. Altieri
Town Administrator
tot Printed on Recycled Paper
AGREEMENT FOR
PROFESSIONAL SERVICES
Agreement made this _day of , 2020 by and between the TOWN OF MAMARONECK,
WESTCHESTER COUNTY, NEW YORK, a municipality of the State of New York, (hereinafter referred to
as the "TOWN") and GAR ASSOCIATES LLC, having a principal place of business at 5500 Main Street
Suite 347,Williamsville, New York 14221, (hereinafter referred to as the "CONTRACTOR").
WHEREAS, the TOWN authorized the undertaking of maintaining equitable property
assessments at 100%of Full Market Value of all parcels of real property within its geographic boundaries
for the purpose of preparing the final tax rolls annually each September 15, (tentative roll each June)
This hereinafter referred to as the "PROJECT".
WHEREAS, this agreement supersedes the previous agreement dated and signed January 2,
2018.
1
Services to be Performed.
At the request of the TOWN, CONTRACTOR agrees to provide professional appraisal and
consulting services for the purpose of maintaining equitable property assessments including but not be
limited to, assessment support services associated with the requirements of maintaining equitable
property assessments. See proposal of services attached.
TERM.
The TOWN agrees to employ CONTRACTOR to provide assessment support services, as
indicated,for the period commencing July 1, 2020 and ending December 31, 2024.
RENEWAL
Based on the New York State Office of Real Property Tax Services (NYSORPTS)
requirements of maintaining equitable assessments and potential corresponding Aid program, including
rules and procedures, along with the intentions of the Town to maintain equitable property assessments
at 100% full market value, the TOWN may renew this agreement under the current terms and
conditions for up to two (2) one year terms. If a longer term is requested, the TOWN agrees that
CONTRACTOR can provide a proposal of updated costs. If the TOWN authorizes the renewal, the TOWN
and CONTRACTOR agree that this agreement can be amended.
CANCELLATION
Either party may cancel this agreement upon sixty (60) days written notice to the other
party. Upon cancellation, the TOWN will pay the CONTRACTOR any and all outstanding payments pro-
rated up to the cancellation date.
2
COMPENSATION.
Assessment and Reassessment Support Services. As part of this agreement, appraisal
and valuation consultation services will be performed by the CONTRACTOR to assist the TOWN in
maintaining equitable property assessments (see attached proposed services).
Assessment Support Compensation is to be paid to the CONTRACTOR in the amount not
to exceed One Hundred and Thirty Thousand Dollars ($130,000) for 2020, Seventy Five Thousand Dollars
($75,000) for 2021, Seventy Five Thousand ($75,000) for 2022, One Hundred Thousand Dollars
($100,000)for 2023 and Once Hundred Thirty Thousand Dollars ($130,000)for 2024. Contractor's billing
shall be pursuant to Exhibit "A" attached hereto and made a part hereof.
The Town and CONTRACTOR agree that in the event the Town chooses to conduct a
Reassessment Project in compliance with the NYSORPTS requirements under the Aid Program for
Reassessment, additional costs may be required. A detailed explanation of any additional services
required will be provided to the Assessor, prior to any work performed.
ADDITIONAL SERVICES
During the term of this agreement, in the event the Assessor determines additional
services are required from CONTRACTOR, the Assessor will request in writing such services.
CONTRACTOR will provide a proposal of costs associated with the requested services. Upon written
authorization from the Town Administrator, CONTRACTOR will provide requested services and
CONTRACTOR will bill the TOWN accordingly. These additional services are not part of the fixed price
compensation. Contractor's compensation for additional services shall be pursuant to Exhibit "B"
attached hereto and made a part hereof.
CLARIFICATION OF TERM
The TOWN and CONTRACTOR acknowledge that the agreement term follows the NYS
Assessment Calendar (September 15th Final Roll Filing, July 15t Valuation Date, May 1St Taxable Status
Date, June 15t Tentative Roll Filing and the 4th Tuesday in June — Grievance Day). The TOWN and
CONTRACTOR further acknowledge that the TOWN's fiscal year and therefore budget year is based on a
calendar year (January 1 — December 31). Therefore services performed for a particular Final
Assessment Roll (September 15th ) can commence the previous year.
3
Clarification of NYSORPTS Aid for Reassessments
The TOWN and CONTRACTOR acknowledge that NYSORPTS continues to revise the
requirements regarding Aid for Reassessments. The TOWN and CONTRACTOR further acknowledge that
NYSORPTS may change the rules and requirements for the qualification of NYS Aid for Reassessments at
any time and that based on the TOWN's intentions to apply and qualify for this Aid program,
CONTRACTOR may be asked to modify support services. Request for modifications to services must be
submitted in writing to CONTRACTOR from the TOWN and the TOWN must provide written
authorization to proceed with modified services. If fees for modifications requested by the TOWN
exceed contractual compensation outlined previously, CONTRACTOR will submit a proposal for any
additional costs.
NO ASSIGMENT
In accordance with the provisions of Section 109 of the General Municipal Law, the
CONTRACTOR is hereby prohibited from assigning, transferring, conveying, subletting or otherwise
disposing of this agreement, or of its right, title or interest in this agreement, or its power to execute this
agreement,to any other person or corporation without the previous consent in writing of the TOWN.
INDEPENDENT CONTRACTOR
(a) It is hereby mutually covenanted and agreed that the relation of CONTRACTOR to the
work be performed by it under this contract shall be that of an independent CONTRACTOR. As an
independent, GAR ASSOCIATES, INC., will be responsible for damage, loss or injury to persons or
property that may arise in or be incurred due to negligent acts, errors and omissions of said work
covered by CONTRACTOR.
(b) CONTRACTOR in accordance with its status as an independent CONTRACTOR, covenants
and agrees that it will conduct itself consistent with such status. It will neither hold itself out as nor
claim to be an officer or employee of the TOWN by reason hereof, make any claim, demand or
application to or for any right or privilege applicable to an officer or employee of the TOWN including,
but not limited to, worker's compensation coverage, unemployment insurance benefits, social security
coverage, or retirement membership or credit.
4
REQUIRED PROVISIONS OF LAW:
Each and every provision of law and clause required by law to be inserted in this contract shall
be deemed to have been inserted herein. If any such provision is not inserted through mistake
or otherwise, then upon the application of either party, this contract shall be physically
amended forthwith to make such insertion. In particular, the CONTRACTOR shall, among other
things,fully comply with:
(a) Labor Law Section 220(e) and Executive Law Sections 291-299 and Civil Rights Law relating
to prohibition against discrimination and equal opportunity.
(b) Affirmative action as required by the Labor Law.
(c) Prevention of dust hazard required by Labor law Section 222(a).
(d) Preference in employment of persons required by Labor Law Section 222.
(e) Eight (8)-hour day as required by Labor Law Section 220(2).
NOTICES
Any and all notices and payments required hereunder shall be addressed as follows, or to such
other address as may hereafter be designated in writing by either party hereto:
TO:
TOWN: TO: CONTRACTOR:
Stephen V.Altieri Town Administrator F. Cindy Baire, President/Member
Town of Mamaroneck GAR Associates LLC
740 West Boston Post Road 5500 Main Street,Suite 347
Mamaroneck, NY 10543 Williamsville, NY 14221
MODIFICATION
This Agreement constitutes the complete understanding of the parties. No modification of any
provisions thereof shall be valid unless in writing and signed by both parties.
APPLICABLE LAW
This Agreement is governed by the laws of the State of New York.
5
AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN
The own Administrator has executed this agreement pursuant to a Resolution adopted by the
Town Board of the Town of Mamaroneck, and, is duly authorized and empowered to execute
this instrument and enter into an agreement on behalf of the TOWN. This instrument shall be
executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in
the office of the Town Clerk of the Town of Mamaroneck.
WAIVER
No waiver of any breach of any condition of the agreement shall be binding unless in writing and
signed by the party waiving said breach. No such waiver shall in any way affect any other term
or condition of this agreement or constitute a cause or excuse for a repetition of such or any
other breach unless the waiver shall include the same.
ADDITIONAL TERMS
TOWN and CONTRACTOR agree that the terms and conditions of this Addendum AA shall be a
binding part thereof
TOWN OF MAMARONECK GAR ASSOCIATES LLC
By: Stephen V. Altieri By: F. Cindy Baire
Its: Town Administrator Its: President/Member
Date: Date:
IN WITNESS WHEREOF,the parties hereto have set their hands and seals
This day of , 2020.
TOWN OF MAMARONECK,
NEW YORK
BY,
(Seal)
GAR ASSOCIATES LLC
(Seal)
BY,
F. Cindy Baire, President/Member
6
Exhibit A
GAR ASSOCIATES LLC - INVOICE/PAYMENT PROCESS
Invoices to include detail summary of services provided. Invoices will be submitted monthly as
services are provided.
Example Format:
For Services Rendered Ending : yy/yy/yyyy
Description of Services:
Sales Verification and Validation $X,XXX
Commercial Type Properties $X,XXX
Residential Type Properties (Consultation) $ XXX
Statistical Analysis—Identification of Inequities $X,XXX
Valuation Modeling $X,XXX
Neighborhood Delineation Updating $XXXX
Valuation Production $X,XXX
Total Service Provided for Month Ending: yy/yy/yyy $XXXX
Current Credit Balance: ($X,XXX)
Net Invoice Due: $X,XXX
*Authorized Additional Services to be billed monthly as provided.
**In the event the Town chooses to conduct a Reassessment Project under the NYSORPTS requirements
for Aid for Reassessments and the Town authorizes additional services as stated in the proposal
modifications to the above payments schedule will be required.
***Invoices to include a detailed summary of services provided corresponding to payment.
7
Exhibit B
Additional Services and Pricing
Consultation: GAR can provide consultations(valuation and other) to assessment office.
Typically this occurs with specific permit processing,Town Attorney—Article 7
cases.
Assist assessor and assessment staff with various RPSV4 processing, reports, etc.
Senior Real Property Appraiser—Residential (NYS Certified): $125/hr
Senior Real Property Appraiser—Commercial (NYS Certified): $175/hr
Designated Real Property Appraiser $250/hr
RPS Technical Support:
RPS Technician: $60/hr
Senior Analyst: $100/hr
Public Relations Specialist: $125/hr
Managerial: $125/hr
NYS Certified Assessor- Consultant: $125/hr
Residential Reappraisal (Market Document Generation & Field Review):
For neighborhoods/parcels requiring valuation review to maintain equity, GAR will assist
assessor in generating the appropriate market documents and application to the tablet
PC's. These services are included in the annual pricing structure for non-town wide
update years. GAR will provide up to a maximum of 1,500 residential field reviews, if
required, under the fixed price of the agreement. All remaining field reviews will be
performed by Town assessment staff.
Residential Field Review assistance for Town Wide Reassessment Project Update:
GAR will provide up to a maximum of 4,000 residential field reviews, if required, under
the fixed price of the agreement. If additional field reviews are required GAR will
perform at a per parcel rate of$20/pp.
Commercial Reappraisal (Valuation Updating, Document Generation & Field Review):
Unless unforeseen significant changes in commercial values, GAR recommends a
comprehensive review of commercial values for the Town Wide Reassessment Update
years. GAR will perform the valuation and field review under the agreement fixed price.
8
Assist with Producing COA,cover letter, public education information:
GAR will work with assessor in producing (running) the appropriate Change of
Assessment notices for those parcels reviewed for the 2021, 2022, 2023 and 2024
assessment roll year(s). GAR will also assist with creating an appropriate and
informative cover letter to be mailed with these notices.
The mailing costs will be the responsibility of the town.
GAR recommends sending a Commercial Income and Expense Mailer in 2023. GAR will
create the mailer and be the contact for any questions concerning the mailer. The town
will be responsible for mailing costs.
GAR recommends the Town send a post card in early 2023 to all residential property
owners requesting they review their property inventory on-line (town assessment
website). This process will be the responsibility of the Town.
GAR will provide updated web videos (maximum of 3) in 2023 and 2024 (town wide
reassessment update).
Printing: Town's Responsibility
Mailing: All pricing reflects the Town to be responsible for all mailing costs including printing,
postage, envelopes and processing.
**All pricing includes travel time and any related expenses
9
Exhibit C
In addition to those items contained in the Contract dated , by and
between the TOWN (hereinafter referred to as TOWN) and GAR ASSOCIATES LLC(hereinafter referred
to as CONTRACTOR)the parties agree as follows:
1. CONTRACTOR'S INSURANCE
(a) CONTRACTOR shall not commence work under this contract until it has obtained the following
insurance and such insurance has been approved by the Town.
1. Worker's Compensation Insurance: Statutory
2. Employers Liability Insurance: $100,000
3. Automobile Liability Insurance (combined bodily injury and property):
$1,000,000 per occurrence: Aggregate $1,000,000
4. Comprehensive General Liability Insurance: Including contractual insurance
combined bodily and property damage:
$1,000,000 per occurrence Aggregate: $1,000,000
5. To properly protect the TOWN, CONTRACTOR will maintain in effect General Liability
Insurance in the amount of$1,000,000 and Professional Liability Insurance in the amount of
$1,000,000 that provides protection for CONTRACTOR's performance of professional
practices as (Appraisers/Assessor) and shall not assume liability for acts of other than the
agents and employees of CONTRACTOR.
(b) CONTRACTOR shall name the TOWN as additional insured in policies and provide the TOWN
with a current certificate of insurance.
(c) Any accident shall be reported to the office of the Town Administrator as soon as possible
and not later that twenty-four hours from the time of such accident. A detailed written
report must be submitted to the Town Administrator as soon thereafter as possible and not
later than three (3) days after the dated of such accident.
10
EXHIBIT D
PAYMENT SCHEDULE
Payment Schedule January— December 2020:
Month Amount
January 2020 $20,000 Paid
February 2020 $20,000 Paid
March 2020 $20,000 Paid
April 2020 $10,000 Invoiced
May 2020 $10,000
June 2020 $10,000
July 2020 $ 5,000
August 2020 $ 5,000
September 2020 $ 5,000
October 2020 $10,000
November 2020 $10,000
December 2020 $ 5,000
Total Contract for 2020: $ 130,000
Payment Schedule January—December 2021:
Month Amount
January 2021 $6,250
February 2021 $6,250
March 2021 $6,250
April 2021 $6,250
May 2021 $6,250
June 2021 $6,250
July 2021 $6,250
August 2021 $6,250
September 2021 $6,250
October 2021 $6,250
November 2021 $6,250
December 2021 $6,250
Total Contract for 2021: $ 75,000
11
EXHIBIT D
PAYMENT SCHEDULE
Payment Schedule January—December 2022:
Month Amount
January 2024 $6,250
February 2024 $6,250
March 2024 $6,250
April 2024 $6,250
May 2024 $6,250
June 2024 $6,250
July 2024 $6,250
August 2024 $6,250
September 2024 $6,250
October 2024 $6,250
November 2024 $6,250
December 2024 $6,250
Total Contract for 2024: $ 75,000
Payment Schedule January—December 2023:
Month Amount
January 2022 $8,200
February 2022 $8,200
_March 2022 $8,200
April 2022 $8,200
May 2022 $8,200
June 2022 $8,200
July 2022 $8,200
August 2022 $8,200
September 2022 $8,200
October 2022 $8,200
November 2022 $8,200
December 2022 $9,800
Total Contract for 2022: $100,000
12
EXHIBIT D
PAYMENT SCHEDULE
Payment Schedule January—December 2024:
Month Amount
January 2023 $20,000
February 2023 $20,000
March 2023 $20,000
April 2023 $10,000
May 2023 $10,000
June 2023 $10,000
July 2023 $ 5,000
August 2023 $ 5,000
September 2023 $ 5,000
October 2023 $10,000
November 2023 $10,000
December 2023 $ 5,000
Total Contract for 2023: $ 130,000
13
vv, Town of Mamaroneck
W ®- "' Town Center
• ` ' z 740 West Boston Post Road, Mamaroneck, NY 10543-3353
FOUNDED tcol •
TEL: 914/381-7810
OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809
townadministrator@townofmamaroneck.org
Memorandum
To: Supervisor &Town Board
Re: Authorization —IMA Village of Scarsdale—Assessment Grievance Review
Date: July 10, 2020
Attached is a proposed agreement for the Town of Mamaroneck's Board of Assessment Review
to provide grievance review services to the Town of Scarsdale.
This is a service we have provided to the Town before as a result of their having grievances filed
by members of their Governing Board and Board of Assessment Review.
The agreement was drafted by the Town Attorney and is acceptable to the Town Assessor.
ACTION REQUESTED: THAT THE TOWN BOARD APPROVE THE INTERMUNICIPAL AGREEMENT
WITH THE TOWN OF SCARSDALE FOR GRIEVANCE REVIEW SERVICES AND THAT THE TOWN
ADMINISTRATOR BE AUTHORIZED TO SIGN THE AGREEMENT.
Stephen V. Altieri
Town Administrator
Y
AGREEMENT
BETWEEN THE TOWN OF MAMARONECK AND THE TOWN OF SCARSDALE WHEREBY
(A) THE TOWN OF MAMARONECK'S BOARD OF ASSESSMENT REVIEW WILL
ADJUDICATE GRIEVANCES CHALLENGING THE ASSESSED VALUATION OF
CERTAIN PROPERTIES IN THE TOWN OF SCARSDALE AND(B)THE ASSESSOR OF THE
TOWN OF MAMARONECK WILL REPRESENT THE TOWN OF SCARSDALE IN ANY
JUDICIAL PROCEEDINGS CHALLENGING SUCH ADJUDICATIONS.
This is an Agreement between the Town of Mamaroneck,a municipal corporation existing
under the laws of the State of New York with offices at 740 West Boston Post Road,Mamaroneck,
New York 10543 and the Town of Scarsdale, a municipal corporation existing under the laws of
the State of New York with offices at 1001 Post Road, New York 10543.
Recitals
Whereas,General Municipal Law§119-0 authorizes a municipality to enter into or assign
a municipal function to another municipality by executing an inter-municipal agreement with
that municipality, and
Whereas, Anna Karpman and Robert J. Berg were appointed to the Town of Scarsdale's
Board of Assessment Review and currently serve in that position, and
Whereas, Anna Karpman and Jill S. Krulick, the spouse of Robert J. Berg, are owners of
real property within the Town of Scarsdale, and
Whereas, Anna Karpman filed a complaint challenging the 2020 assessed valuation for
the real property located at 27 Aspen Road,Scarsdale, New York 10583, and
Whereas, Jill S. Krulick filed a complaint challenging the 2020 assessed valuation for the
real property located at 32 Tisdale Road,Scarsdale,New York 10583, and
Whereas, the attorney appointed by the Town Board of the Town of Scarsdale to serve as
its counsel also advises Scarsdale's Assessor and Board of Assessment Review and is sometimes
called upon to appear and/or defend grievances and SCAR proceedings involving the Town of
Scarsdale, and
Whereas,the Town Assessor appointed by the Town Board of the Town of Scarsdale also
is charged with the responsibility of defending grievances and SCAR proceedings involving
challenges to assessments of real property located within the Town of Scarsdale, and
Whereas,the Board of Assessment Review of the Town of Scarsdale hears grievances filed
by owners of real property located within the Town of Scarsdale, and
Whereas, the members of Board of Assessment Review of the Town of Scarsdale are
appointed by the Town Board of the Town of Scarsdale, and
Whereas, it would present a conflict of interest or give the appearance of impropriety for
the counsel to the Town of Scarsdale, its Assessor or its Board of Assessment Review to be
involved in the adjudication of the grievance filed by a member of the Scarsdale Board of
Assessment Review, Anna Karpman, or the adjudication of the grievance filed by the spouse of a
member of the Scarsdale Board of Assessment Review,Jill S. Krulick, (Grievances), and
Whereas, to avoid any conflict of interest and to avoid the appearance of impropriety no
one affiliated with the Town of Scarsdale should be involved with the Grievances, and
Whereas, the Town of Scarsdale has asked the Town of Mamaroneck (a) to authorize its
Board of Assessment Review (Mamaroneck BAR) to determine the Grievances and (b) to
authorize its Assessor (Mamaroneck Assessor) to represent the Town of Scarsdale before the
2
Mamaroneck BAR in connection with the Grievances and in any SCAR proceeding that either
Anna Karpman and Jill S. Krulick (Petitioners)may bring with respect to the Grievances.
Now therefore intending to be bound, the Town of Mamaroneck and the Town of
Scarsdale agree as follows:
1. The Town Assessor of the Town of Scarsdale shall refer the Grievances and SCAR
petitions, should any be filed, to the Town of Mamaroneck. The Mamaroneck BAR shall
treat the Grievances as if they were a challenge to the assessed value of real property
located within the Town of Mamaroneck.
2. (a) The Town of Scarsdale grants the Mamaroneck Assessor the authority to take all
appropriate action to defend the 2020 assessments of the Petitioner's properties before the
Mamaroneck BAR and in Court in a SCAR proceeding should either or both Petitioners
file a SCAR proceeding challenging the 2020 assessment of her property.
(b)The Town of Scarsdale also grants the Mamaroneck Assessor the authority to negotiate
a resolution of the Grievances and will abide by and/or approve any settlement that the
Mamaroneck Assessor may reach with either one of the Petitioners or that Petitioner's
representative.
(c)If the Mamaroneck Assessor deems an appraisal necessary, the Town of Mamaroneck
shall order such appraisal and the Town of Scarsdale shall reimburse the Town of
Mamaroneck for the cost of such appraisal and any additional appraisals, if needed.
3. This Agreement shall terminate and all obligations that the Mamaroneck Assessor must
perform hereunder shall cease (a) if neither Petitioner files a SCAR proceeding after the
Mamaroneck BAR renders its decision on the Grievances or (b) once the SCAR
3
proceedings are adjudicated by the Supreme Court of the State of New York or (c) once
the Mamaroneck Assessor negotiates a resolution of both Grievances or (d) with respect
to each Petitioner, if that Petitioner commences either(i) a proceeding pursuant to Article
7 of the Real Property Tax Law after the Mamaroneck BAR renders its decision on that
Petitioner's grievances, (ii) an Article 78 proceeding challenging the determination made
by the Supreme Court of the State of New York in a SCAR proceeding brought by that
Petitioner or (iii) any other litigation challenging the 2020 assessment of that Petitioner's
property, it being understood that this Agreement does not authorize or require the Town
of Mamaroneck, the Mamaroneck Assessor, the Mamaroneck BAR or any of its other
officers, employees, consultants, representatives, attorneys or volunteers to represent the
Town of Scarsdale in any litigation,other than the Mamaroneck Assessor representing the
Town of Scarsdale in a SCAR proceeding brought by either Petitioner to challenge the
2020 assessment of the Petitioner's property.
4. The respective representatives of each municipality, who execute this Agreement on
behalf of their respective municipal corporations, are duly authorized and empowered to
execute this Agreement.
5. Any and all notices, communications, payments and demands required under this
Agreement shall be made in writing, addressed as follows, or to such other address as
may be hereafter designated, in writing,by each party hereto:
a. To Mamaroneck:
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, New York 10543
4
Att: Town Administrator
b. To Scarsdale:
Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
Att: Town Administrator/Village Manager
6. This Agreement contains the entire understanding of the parties who hereby acknowledge
that there has been and are no representations, warranties, covenant, or understandings
other than those expressly set forth herein.
7. Neither this Agreement nor any provision hereof, shall be amended or modified, or
deemed amended or modified, except by an agreement in writing duly subscribed and
acknowledged by all parties to this Agreement with the same formality as this Agreement.
8. This Agreement shall be binding upon, and for the benefit of, the parties, their heirs,
successors, and assigns.
9. All matters affecting the interpretation of this Agreement and the rights of the parties
hereto shall be governed by the laws of the State of New York.
In Witness Whereof, the Town of Mamaroneck and the Town of Scarsdale have agreed to the
terms and conditions set forth therein.
Stephen V. Alfieri,Town Administrator Date:July , 2020
Date:July , 2020
Stephen M. Pappalardo,Town Administrator/
Village Manager
5
Certificate of Authorization
I, Christina A. Battalia, certify that (a) I am the Town Clerk of the Town of Mamaroneck, a
municipality existing under the laws of the State of New York, (b)Stephen V.Altieri,the person who
signed this Agreement on behalf of the Town of Mamaroneck, is the Town Administrator of the
Town of Mamaroneck, (c) Mr. Altieri was authorized by the Town Board of the Town of
Mamaroneck to execute this Agreement on behalf of the Town and (d) such authority was in full
force and effect when Mr. Altieri executed this Agreement on behalf of the Town.
Christina A. Battalia, Town Clerk
Certificate of Authorization
I, Donna Conkling, certify that (a) I am the Town Clerk of the Town of Scarsdale, a
municipality existing under the laws of the State of New York, (b) Stephen M. Pappalardo, the
person who signed this Agreement on behalf of the Town of Scarsdale, is the Town Administrator
of the Town of Scarsdale, (c) Mr. Pappalardo was authorized by the Town Board of the Town of
Scarsdale to execute this Agreement on behalf of the Town and (d) such authority was in full force
and effect when Mr. Pappalardo executed this Agreement on behalf of the Town.
Donna Conkling,Town Clerk
Prep'd:June 30, 2020
6
Resolution authorizing the Board of Assessment Review to conduct meeting remotely
On motion of Council , seconded by Council
the Town Board finds and approves the following:
WHEREAS, due to the COVID-19 pandemic, the Governor issued Executive Order No.
202.22, which, among other things, granted local governments the option to allow their
Boards of Assessment Review to conduct business remotely, and
WHEREAS, through Executive Order No. 202.44, the Town Board continues to have the
right to exercise that option, and
WHEREAS, because the COVID-19 virus remains a threat to the health, welfare and
safety of the public, the Town Board wishes to exercise the option.
NOW THEREFORE, BE IT
Resolved that the Board of Assessment Review hereby is authorized to hear complaints
and to deliberate upon and determine those complaints remotely by conference call or
similar service, so long as on the day for hearing complaints (commonly referred to as
grievance day), complainants are able to present their complaints through such service
and the public has the ability to view or listen to the proceedings conducted on
grievance day.
The above resolution was put to a roll call vote:
King
Fiddelman
Elkind Eney
Katz
Seligson
Prep'd: July 10, 2020