HomeMy WebLinkAbout2021_05_19 Town Board Meeting PacketOA �o
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meetings.5:OOPM TOWN BOARD WORK SESSION: Work Sessions of the Town Board are public
r - of public are ableto view the meeting on •television
(Optimums & 77 or • • : • or on https://Imcmedia.org/;however,
there is no public commentary. Opportunity for public comments will be provided during the
regular TownBoard meetings when citizen comments• -• or public
hearingsr
Request for Executive Session
2. Project Update - Westchester Joint Water Works ( J )
3. Discussion -Consultant's Review of New Residential Construction
4. Review - NYStretch Energy Code 2020
5. Review - Resolution for Energy Benchmarking for Certain Municipal Buildings
6. Discussion - New Business
7. Advice of Counsel
8:OOPM - Town Board Meeting - Members of the public are able to view the meeting on cable
access television (Optimum 75, 76 & 77 or Verizon Fios 34, 35 & 36) or on
https://Imcmedia.org/or • • below to join- •
Passcode: 539564 During a public hearing or the citizen's comment section, residents may
"raise their hand" in Zoom to be granted access to speak directly to the Town Board. Those
• are viewing the meeting on • municipal • • ' LIVIC Media'swebsite
submitmay •' or questions to publicqc@townofmamaroneckny.org
i
OF ! OF f
1. Authorization r`Agreernent
2. Resolution - E`. i Benchrnarking for CertainMunicipal Buildings
Page 1 of 74
3. Set Public Hearing - NYStretch Energy Code 2020
4. Authorization - Consultant's Proposal for Memorial Park Playground Renovations
5. Salary Authorization - Section 8 Rental Assistance Program
6. 2021 Capital Budget Amendments
7. 2021 Operating Budget Amendments
REPORT OF MINUTES
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETING - Wednesday, June 2, 2021
Any physically handicapped person needing special assistance in order to attend the meeting
should contact the Town Administrator's office at 381-7810.
Page 2 of 74
THIS ITEM HAS NO
DOCUMENTS- PROJECT
UPDATE -
WESTCHESTER JOINT
WATER WORKS
(www)
Page 3 of 74
Town of Mamaroneck
Office of the Supervisor
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
NANCY SELIGSON
TO:
FROM:
RE:
DATE:
Town Board Members
Nancy Seligson
Residential House review
May 14, 2021
'IT'L 914,381,7805
FAX: 914.381.7809
sul) ,,f Js r townofinamaro eck
I reached out to Peter Feroe to ask him how to start the review ofresidential house scale and character.
He replied, "First, we need the Town to supply us examples ot'recent construction or plan approvals that
have elicited community concern (Lip to eight examples). In addition to the location of each example, we
need the Town to provide us with the approved construction plans for each example as well as the
administrative history that preceded any approval or construction (i.e., Planning Board and Zoning Board
resolutions, meeting minutes, etc). In the case of teardowns, the administrative history/plans should also
include information on the prior house.
Second, I think it makes sense Ibr you, Jainc, and me to have as call and diSCUSS the project and its goals,
especially in light of the ongoing (",onipreliensive I)Ian**.
It would be helpful if you NVOUld C0111C to the "Town Board meeting with specific examples ofrecent
construction that would be good instances to study. Rich Poleari is invited to join this part of our meeting
as well.
Page 4 of 74
Environmental, Planning, and Engineering Consultants
34 South Broadway
Suite 401
White Plains, NY 10601
tel: 914 949-7336
fax: 914 949-7559
www.akrf.com
OMMEMM
Nancy Seligson, Town Supervisor
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
Re: Proposal for Consulting Services related to the Character of New Residential Construction
Dear Supervisor Seligson:
AKRF, Inc. ("AKRF" or the "Consultant") is pleased to present this proposal for Consulting Services
related to the Character of New Residential Construction to the Town of Mamaroneck (the "Client"). For
this proposal, AKRF will be joined by our subconstulant, MUD Workshop. The Consultant Team
understands the Town Board wishes to address a growing community concern regarding the scale of newly
constructed single-family homes. In many cases, these new homes are larger, or of substantially different
character, than the ones they replace. As we initiate work on the Town's Comprehensive Plan, it is
opportune timing to identify and implement strategies to address this concern. Below, we outline our
proposed approach ("Scope of Work") for addressing this issue with the Town Board.
Phase 1: Identification of Issues
Our first Wk would involve reviewing recent construction, or approved construction plans, that have
elicited community concern. The Town Board or Town Staff would provide to the Consultant Team the
residential location (address), approved construction plans and the administrative history preceding
approval of the housing (i.e., any Planning Board or Zoning Board meetings, hearings, and resolutions).
For each example, the Consultant Team would evaluate compliance with existing regulations and identify
where divergence exists. Based on this review, the Consultant 'Team would identify common themes with
respect to the new housing, such as the zoning district, lot size, previous house size and condition, current
house size, zoning non -conformities, etc. The Consultant Team would review up to eight case studies.
Phase 2: Best Practices Review
In parallel, The Consultant Team would review "best practice" strategies in other municipalities that address
similar issues affecting residential neighborhood character. We would identify up to five different
approaches used in other communities, evaluate their effectiveness, and identify potential ancillary effects
of implementing those strategies.
Phase 3: Scenario Building
Drawing from local examples and the best -practices review, the Consultant Team would identify strategies
to address the character of new construction in the Town and present illustrative scenarios that demonstrate
the potential effects, benefits, and limitations of those strategies. The Consultant Team would present these
scenarios to the Town Board at a meeting and refine the strategies and scenarios over two additional Town
Board meetings.
Offices in New York o New Jersey * Pennsylvania o Maryland * Connecticut
Page 5 of 74
Supervisor Seligson 2 April 29, 2021
Phase 4: Imalementation
Once the Town Board selects a preferred approach for addressing the issue, the Consultant Team would
draft policy/regulatory language for evaluation by the Town Board. The Consultant Team would then work
with the Town Board through the implementation process, including necessary public hearings and SEQRA
review.
Given the high level of uncertainty with respect to amount of effort that will be required, the Consultant
proposes to bill the Client for the first three phases (i.e., Identification of Issues; Best Practices Review;
Scenario Building) on a "Time and Materials" basis (i.e., hourly) with a budget not -to -exceed $28,000
without approval of the Client. The Consultant would utilize staff whom, in its discretion, are appropriately
qualified for the various services outlined herein. Please note that while the Consultant believes that this is
an appropriate estimate for these services, the actual cost of the services may vary depending on the
direction of the Town Board with respect to the issues being evaluated. The Consultant will communicate
with the Town about the level of effort being spent throughout the project. At the conclusion of Phase 3,
Scenario Building, the Consultant would provide the Town Board with a cost estimate for completing Phase
4, "Implementation".
The Consultant shall provide the services specified in the Scope of Work in accordance with the Terms and
Conditions included in Appendix A. If this proposal is acceptable, please return an executed copy to my
attention. We look forward to working with you on this project.
Sincerely,
AKRF, Inc.
Peter Feroe, AICP
Sr. Technical Director I Planning
cc: Shachi Pandey, MUD Workshop
ACKNOWLEDGED AND ACCEPTED:
Signature: C!lb7tiit.c¢, XM4.,
For: �M,�x.aQlff�lJi[A��4rGPaIL�
/*4040--,
Nina Peek, Vice President and
Director of Hudson Valley Planning
Page 6 of 74
APPENDIX A
STANDARD TERMS AND CONDITIONS
1. Services.
a. Subject to the terms and conditions hereof, the Client hereby engages the Consultant to perform the
Services, furnishing the agreed-upon reports, drawings and/or other work product described in the attached
Scope of Work and the Consultant hereby agrees to provide the same. The rendering of Services hereunder
is premised on the Consultant receiving full and timely access to the Site and Client's personnel as well as
receipt of all information from the Client and its agents relating to the Project as reasonably requested by
the Consultant from time to time.
b. The Services are limited to those tasks specified in the Scope of Work. If the Client directs the Consultant
to perform, or instructs the Consultant to undertake, work or provide Deliverables that are beyond those
specked in the annexed Scope of Work and/or Services described in the Scope of Work (collectively,
"Additional Work'), the Consultant may in its discretion agree to undertake to perform the same, but the
Client shall pay compensation for such Additional Work separate from and in addition to the compensation
provided for Services herein. In the absence of written agreement to the contrary, all Additional Work
provided by the Consultant from time to time relating to the Project shall be provided for compensation on
a time and material basis at the Consultant's then current standard hourly rates in effect from time to time,
but otherwise upon and subject to the terms and conditions of this Agreement.
c. The Consultant shall determine the continued adequacy of this Agreement in light of occurrences or
discoveries that were not originally contemplated by or known to the Consultant. Should the Consultant
call for contract renegotiation, the Consultant shall identify the changed conditions necessitating
renegotiation, and the Consultant and the Client shall promptly and in good faith enter into renegotiation
of this Agreement. If terms cannot be agreed to, then either party has the absolute right to terminate this
Agreement by delivery of ten (10) days prior written notice. If the agreement is terminated the Consultant
shall deliver to the Client the work product done as of the date of termination.
2. Compensation, Invoicing and Payment.
a. The Client shall reimburse the Consultant for the expenses incurred of the type, and in the manner,
described in the Scope of Work. Invoices shall be submitted by the Consultant monthly, are due upon
presentation and shall be paid in full within 30 calendar days after the applicable invoice date. If payment
is not received in full on or before the applicable due date then the Consultant shall have the right to charge
interest on any unpaid amount from the due date in an amount equal to the lesser of 1-1/2% per month or
the maximum amount permitted by applicable law, calculated on a daily basis. Payments will be credited
first to interest and then to principal. Consultant shall be entitled to recover any and all costs incurred,
including reasonable attorneys' fees ("Collection Costs") in connection with its efforts to collect past due
sums. The minimum amount of such Collection Costs is agreed to be the lesser of (1) ten percent (10%) of
the past due amount, or (2) the maximum amount allowed by law.
b. The Client shall pay all taxes, fees, assessments and charges applicable to the Services and any Additional
Work and any other pass-through charges (other than taxes imposed upon the net income of the Consultant)
including, without limitation, all sales, use, gross receipts, excise, transaction, consumption, Valued Added
("VAT"), Goods and Services ("GST"), utility, message, personal property, intangible tax and any other
federal, state and local taxes, fees and charges applicable to the Services and Additional Work provided
hereunder, including interest and other charges thereon chargeable by the taxing authorities.
3. Performance Standards.
a. The Consultant shall use reasonable commercial efforts to render the Services, any Additional Work and
all other obligations under this Agreement in accordance with (i) the standard of care and skill ordinarily
used by reputable members of the same profession practicing under similar circumstances at the same time
and in the same locale and (ii) all applicable codes, regulations, ordinances, and laws in effect as of the date
of the execution of this Agreement (collectively, "Law
s"). Neither the Consultant's entering into this
Agreement nor any performance hereunder by the Consultant, or any affiliate or subcontractor thereof, or
any of their respective officers, directors, owners or employees or agents shall create any fiduciary
obligation owed to the Client or any other person or entity. Client or any other person or entity and any
such obligation is hereby fully and expressly disclaimed.
A-1 Rev 5!1812018
Page 7 of 74
b. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONSULTANT IS MAKING NO EXPRESS
OR IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY OR
FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICES, ADDITIONAL WORK
OR ANY DELIVERABLES.
c. In the event of an emergency affecting the health or safety of persons or property, the Consultant may act,
in its reasonable discretion, to prevent threatened damage, injury or loss to person or property
notwithstanding that it may be outside the scope of the Services or Additional Work or not approved in
advance by the Client.
4. Indemnification.
a. The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold the Client, its
subsidiaries and affiliates and their respective officers, directors, employees, owners, subcontractors and
agents (collectively, the "Client Parties") harmless from any damage, liability, or cost (including
reasonable attorneys' fees and costs of defense) to the extent caused by the Consultant's negligence. The
indemnification obligation created by this Paragraph is subject in every respect to the limitation of liability
provisions in Paragraph 5 of this Agreement.
b. The Client agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant, its
subsidiaries and affiliates and their respective officers, directors, employees, owners, subcontractors and
agents (collectively, the "Consultant Parties') harmless from any damage, liability, or cost (including
reasonable attorneys' fees and costs of defense) to the extent caused by the Client's negligence.
c. As a condition precedent to claiming any indemnification hereunder, the applicable indemnified party (i)
shall promptly provide the applicable indemnifying party with written notice of any claim sufficiently
promptly and in sufficient detail to avoid prejudicing the defense of such claim; (ii) shall not settle or
compromise any such claim without the indemnifying party's written consent, which shall not be
unreasonably withheld or delayed; and (iii) shall promptly provide reasonable cooperation relating to
defending such claim. The indemnified party may, at its own expense, assist in the defense if it so chooses,
but shall not be permitted to control such defense or any negotiations relating to the settlement of any such
claim so long as the party responsible for indemnification hereunder is actively defending such claim.
Notwithstanding clause (ii) above, if the party responsible for indemnification hereunder refuses or fails to
timely defend the claim or abandons such defense, the indemnified party (parties) may settle such claim
without the prior consent of the indemnifying party and the indemnifying party shall remain fully liable to
indemnify the indemnified party (parties) to the extent that the indemnified party (parties) are otherwise
entitled to indemnification for such claim under this Section 4.
d. No party shall be liable for any claim or cause of action seeking indemnification of any kind under this
Section 4, regardless of the type or nature of the damage, liability, claim or cause of action for which
indemnification is sought (the "UnderlyingC_ laim'), if such indemnification action or claim is brought or
asserted more than three years after the Underlying Claim accrued.
e. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT OR
IN ANY DOCUMENT SIGNED BETWEEN THE PARTIES REGARDING THE SUBJECT MATTER
OF THIS AGREEMENT, EITHER PRIOR OR SUBSEQUENT TO THIS AGREEMENT, OR
PROVIDED UNDER APPLICABLE LAW, NEITHER PARTY, OR ANY OFFICER, DIRECTOR,
OWNER, EMPLOYEE, SHAREHOLDER OR AGENT THEREOF, SHALL BE LIABLE TO THE
OTHER, EITHER IN CONTRACT OR IN TORT, FOR ANY LOSS OR INACCURACY OF DATA OR
MATERIAL OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING WITHOUT LIMITATION ANY DELAY DAMAGES, LOSS OF FUTURE
REVENUE, INCOME OR PROFITS, OR ANY DIMINUTION OF VALUE, FINANCING COSTS, OR
COST OF LOST OPPORTUNITIES, RELATING TO THIS AGREEMENT, EVEN IF THE SAME HAS
BEEN SPECIFICALLY ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, EXCEPT TO THE
EXTENT THAT ANY SUCH DAMAGES ARE PAYABLE BY ONE OF THE PARTIES HERETO TO
A THIRD PARTY AND THE CLAIM IS ONE FOR WHICH THE PARTY REQUIRED (WHETHER
BY JUDGMENT, SETTLEMENT OR OTHERWISE) TO PAY SUCH DAMAGES IS ENTITLED TO
INDEMNIFICATION UNDER THIS SECTION 4.
A_2 Rev 5/18/2018
Page 8 of 74
5. Limitation of Liability.
In recognition of the relative risks and benefits of the Project to both the Client and the Consultant, the risks have been
allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Consultant
Parties hereunder to the Client Parties for any and all claims, suits, demands, judgments, payments, losses, costs,
damages of any nature whatsoever, or expenses from any cause or causes, regardless of the nature or type of action,
so that the total aggregate liability of the Consultant Parties shall be limited to and in no event exceed the compensation
actually paid to Consultant for services rendered on this Project under this Agreement, or $100,000, whichever is
greater.
6. Suspension of Services or Additional Work.
If the Project is suspended for more than 30 calendar days in the aggregate (whether consecutive or non-consecutive),
the Consultant shall be compensated for all Services and any Additional Work performed and charges incurred prior
to receipt of notice to suspend and, if and when the Consultant resumes providing Services and/or Additional Work,
a mutually agreed upon equitable adjustment in fees payable to the Consultant shall be made to accommodate the
resulting demobilization and remobilization costs. In addition, there shall be a mutually agreed upon equitable
adjustment in any applicable performance schedule relating to the Project based on the delay caused by the suspension.
7. Term.
Unless terminated earlier in accordance with Section 8 hereof, this Agreement shall have a term commencing on the
date of this Agreement and ending, unless terminated earlier as provided herein, when the Services and any Additional
Work relating to the Project are completed or as otherwise set forth in the Scope of Work.
S. Termination.
a. Either party may terminate this Agreement by delivery of written notice to the other (i) if the other party
commits a material breach of this Agreement and fails to remedy such breach within 30 days after receipt
of written notice specifying the alleged breach in reasonable detail, (ii) if either party makes an assignment
for the benefit of its creditors, or the filing by or against it of a voluntary or involuntary petition under any
bankruptcy or insolvency law, under the reorganization or arrangement provisions of the United States
Bankruptcy Code, or under the provisions of any law of like import, or the appointment of a trustee or
receiver for such party or its property, or (iii) as provided by Section 1(c) hereof.
b. If full payment is not received by the Consultant by the applicable due date, then the Consultant may, at its
sole discretion and without liability to any Consultant Parties, terminate this Agreement or suspend any
Services or Additional Work to be performed hereunder upon 10 days prior written notice. If the Project is
suspended for any reason for more than 60 calendar days in the aggregate (whether consecutive or non-
consecutive), the Consultant may, at its discretion and without liability, terminate this Agreement.
c. The termination of this Agreement by either party hereto shall not affect, restrict, diminish or remove any
rights, obligations or remedies possessed by either party arising under the terms of this Agreement up to
and through the effective date of termination hereof. In addition, the following provisions shall survive
termination of this Agreement: Sections 4, 5 and 10 through 20, inclusive. The remedies available to each
party hereunder are cumulative and termination of this Agreement shall be in addition to and not in lieu of
any equitable remedies available.
d.. Upon termination the Consultant shall be paid in full in accordance with the terms of this Agreement for
all Services and Additional Work rendered and reimbursable expenses incurred through the date of
termination, including reasonable termination costs.
9. Force Majeure.
Except as provided in Section 6 or 7 hereof, neither party shall be liable for damages for any delay or failure to perform
its obligations hereunder, if such delay or failure is due to reasons beyond the control of the concerned party or without
its fault or negligence, including without limitation, strikes, riots, wars, terrorism, fires, epidemics, quarantine
restrictions, unusually severe weather, earthquakes, explosions, acts of God or state or any public enemy or acts
mandated by applicable laws, regulation or order, whether valid or invalid, of any governmental body.
A-3 Rev 5/18/2018
Page 9 of 74
10. Non -Solicitation.
Each party agrees that during the term of this Agreement and for one year thereafter it will not solicit, or attempt to
solicit, for hire or engagement, directly or indirectly any of the other party's employees or other personnel who have
been involved in the provision of Services or Additional Work under this Agreement or otherwise involved in the
transactions contemplated hereby.
11. Assignment.
Neither party shall assign its rights, duties or obligations under this Agreement to any person or entity, in whole or in
part, without the prior written consent of the other party hereto; provided, however, that either party may assign this
Agreement in the event of a merger or consolidation or the sale of all or substantially all of its applicable line of
business and Consultant may delegate any of its duties and obligations hereunder if it remains responsible for the
performance thereof.
12. Independent Contractor.
Notwithstanding any other provision of this Agreement, Consultant's status shall be that of an independent contractor
and not that of a servant, agent, or employee of the Client. Neither party shall hold itself out as, nor claim to be, acting
in the capacity of an officer, servant, agent, or employee of the other or that it is authorized to contractually bind the
other in any way. The Consultant shall be free to choose the manner in which it performs the Services and Additional
Work and furnishes the Deliverables and may delegate and use subcontractors, consultants and suppliers of its choice
in satisfying any of its duties and obligations hereunder, provided that the Consultant shall be responsible for any
breach of this Agreement by the same.
13. Governing Law; Consent to Jurisdiction.
The rights and obligations of the parties hereunder shall be governed by the laws of the State of New York, without
regard to principles of conflicts of laws. Each of the parties hereby (a) irrevocably agrees that any legal or equitable
action or proceeding arising under or in connection with this Agreement shall be brought exclusively in the courts of
the State of New York in the County of New York and the United States District Court for the Southern District of
New York, except that the foregoing venue shall be non-exclusive with respect to any application for injunctive relief
pursuant to Section 18 hereof, (b) accepts for itself and in respect of its property, generally and unconditionally, the
jurisdiction of the aforesaid courts and appellate courts thereof, (c) waives personal service of any summons, complaint
or other process, and agrees that the service thereof may be made either (i) in the manner for giving of notices provided
for in this Agreement or (ii) in any other manner permitted by law. The parties agree that this Agreement was
negotiated and shall not be construed against the party which initially drafted the same.
14. Severability.
If any term or provision of this Agreement shall to any extent be determined to be illegal, invalid or unenforceable
under law, regulations or ordinances of any federal, state or local governments to which this agreement is subject,
such term or provision shall be deemed severed from this Agreement and the remaining terms and provisions shall
remain unaffected thereby.
15. Third Party Claims.
Nothing in this Agreement shall create or shall give to third parties any claim or right of action against the Consultant,
its officers, directors, owners, employees and agents.
16. Notices.
All notices required or permitted by this Agreement shall be in writing and shall be delivered personally, by certified
or registered mail, return receipt requested, or nationally recognized overnight courier service to the respective
addresses set forth above. Either party may, by notice given in the same manner set forth above, designate a different
address or addresses to which subsequent notices shall be sent. Notice shall be deemed given upon receipt.
17. Amendment; Waiver.
a. This Agreement may only be modified or amended by a writing that is signed by both authorized parties.
b. Any right of any party hereunder may only be waived by a writing that is signed by the authorized party
granting the waiver. No course of dealing or trade usage or custom and no course of performance shall be
deemed a waiver of any right.
A-4
Rev 5/18!2018
Page 10 of 74
The failure by either party to insist upon strict performance of any of the provisions of this Agreement will
in no way constitute a waiver of its rights as set forth in this Agreement, at law or in equity, or a waiver of
any other provisions or subsequent default by the other party in the performance or compliance with any of
the terms and conditions set forth in this Agreement.
18. Injunctive Relief.
The parties agree that the violation or threatened violation by either party of any of the provisions of Section 10 of
this Agreement shall cause immediate and irreparable harm to the other party. In the event of any breach or threatened
breach of any of said provisions, each party consents to the entry of preliminary and permanent injunctions by a court
of competent jurisdiction prohibiting such party from any violation or threatened violation of such provisions and
compelling such party to comply with such provisions, without the requirement of posting any bond. This Section
shall not affect nor limit, and any injunctive relief granted pursuant to this Section shall be in addition to, any other
remedies available to the other party at law or in equity for any such violation or threatened violation by either party.
19. Entire Agreement.
This Agreement, including any Scope of Work, and any written agreements relating to Additional Work represents
the entire Agreement between the parties concerning the subject matter hereof. This Agreement supersedes any other
written or oral proposal, representation, communication, letter of intent or other agreement by or on behalf of the
parties hereto relating to the subject matter hereof.
20. Counterparts.
This Agreement may be executed by facsimile and in one or more counterparts, each of which shall be deemed an
original.
A-5
Rev 5/18/2018
Page 11 of 74
APPENDIX B
AEM Hourly Rate Schedule
Employee Category Hourly Rate
Senior Officer
$220
Officer
$215
Senior Technical Director
$210
Technical Director
$195
Senior Professional
$175
Professional I1
$140
Professional I
$130
Technical II
$120
Technical I
$95
Notes:
Out of pocket expenses will be billed at the actual cost.
These rates are effective through December 31, 2021
B•1
Page 12 of 74
Town of Mamaroneck
ToNvii Centei
740 West Boston Post Road, Mamai-otieck, NY 10543-3353
I
OFFKIE OF-FHETOWN ADMINNTRATOR
TO: Nancy Seligson, Town Supervisor
Town Board Members
'"FEL (914) 381-7812
FAX: (914) 381-7809
cgi-eeiio(lorii,iell(,i,)to,Aiiiofiiiaiiiat-oiiecklny,()t�g
FROM: Connie Green O'Donnell, Deputy Town Administrator
As you know, Rich Polcari, Building Inspector, provided information regarding the
NYStretch Energy Code at the last Town Board meeting. Mr. Polcari stated that some of the
code requirements are low cost to the contractor, however, they may generate a significant
energy savings to the homeowner.
The code, if adopted by the Town Board, would supplement the Town's existing code and
according to Mr. Polcari the code would be relatively easy to implement. Enclosed for your
review and discussion is the proposed NYStretch Energy Code 2020 local law.
Page 13 of 74
Local Law No. - 2021
This local law shall be known as the "Adoption of the NYStretch Energy Code 2020" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1- Purpose:
The Town seeks to protect and promote the public health, safety, and welfare of its residents by
mandating energy efficient building standards. In 2020, the Energy Conservation Construction
Code of New York State (ECCCNYS), updated by the New York State Fire Prevention and
Building Code Council, became effective and must be complied with for residential and
commercial buildings unless a more restrictive energy code is voluntarily adopted by a local
jurisdiction. In 2019, the New York State Energy Research and Development Authority developed
and published the NYStretch Energy Code 2020, a more energy efficient building code than the
2020 ECCCNYS. Acting pursuant to New York Energy Law §11-109(1), the Town Board adopts the
NYStretch Energy Code 2020 by adding the following section to the Town Code.
Section 2 - Addition of a section to the Mamaroneck Code:
Article VI of the Code of the Town of Mamaroneck hereby is amended by adding a new section
thereto which provides as follows:
§106-40.1 Adoption of NYStretch Energy Code 2020.
The NYStretch Energy Code 2020, published by the New York State Energy Research and
Development Authority, shall be applicable to all new construction, substantial renovations,
alterations and additions in the unincorporated area of the Town of Mamaroneck.
Notwithstanding the foregoing, the NYStretch Energy Code 2020 shall not apply to persons who
either have or will have obtained building permits or have or will have submitted complete
applications for building permits prior to the effective date of this law.
Section 3 - Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4 - Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
May 14, 2021
Page 14 of 74
Town of Mamaroneck
Office of the Supervisor
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
NANCY SELIGSON
TO:
FROM:
RE:
DATE:
Town Board Member
Nancy Seligson
Resolution — Energy Benchmarking for Certain Municipal Buildings
May 14, 2021
't'EL: 914.3 81 .7805
FAX: 914.3 1.7809
Please find the following resolution in regard to benchmarking, energy use as we discussed at the last
Town Board meeting with Carla Castillo. Carla explained the benelimarking activity as one of the impact
iterns in the NYSERDA Clean Energy Communities program. The Town already tracks energy use with
the Energy Portfolio program required in the resolution.
Page 15 of 74
011—KII It 11
ESTABLISHING ENERGY BENCHMARKING REQUIREMENTS FOR
CERTAIN MUNICIPAL BUILDINGS
WHEREAS, buildings are the single largest user of energy in New York State. The
poorest performing buildings typically use several times the energy of the highest performing
buildings for the exact same building use; and
WHEREAS, collecting, reporting, and sharing building energy data on a regular basis
allows municipal officials and the public to understand the energy performance of municipal
buildings relative to similar buildings nationwide, and equipped with this information the Town
of Mamaroneck is able to make smarter, more cost-effective operational and capital investment
decisions, reward efficiency, and drive widespread, continuous improvement; and
WHEREAS, the Town of Mamaroneck Town Board desires to use Building Energy
Benchmarking which is a process of measuring a building's energy use, tracking that use over
time, and comparing performance to similar buildings in order to promote the public health,
safety, and welfare by making available good, actionable information on municipal building
energy use to help identify opportunities to cut costs and reduce pollution in the Town of
Mamaroneck; and
WHEREAS, the Town of Mamaroneck Town Board desires to establish guidelines for
Town of Mamaroneck staff and volunteers to conduct such Building Energy Benchmarking; and
NOW THEREFORE, BE IT RESOLVED, that the following specific policies and
procedures are hereby adopted;
BUILDING ENERGY BENCHMARKING POLICYAND PROCEDURES
§1. DEFINITIONS
(1) "Benchmarking Information" shall mean information generated by Portfolio Manager, as
herein defined including descriptive information about the physical building and its operational
characteristics.
(2) `Building Energy Benchmarking" shall mean the process of measuring a building's energy
use, tracking that use over time, and comparing performance to similar buildings.
(3) "Energy" shall mean electricity, natural gas, oil, or other product for use in a building, or
renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water
heating, or for powering or fueling other end -uses in the building and related facilities, and
"Energy" shall mean fuel (gasoline or diesel) for the Town's fleet as reflected in utility bills or
other documentation of actual energy use.
Page 16 of 74
(4) "Energy Performance Score" shall mean the numeric rating generated by Portfolio Manager
that compares the energy usage of the building to that of similar buildings.
(5) "Energy Use Intensity (EUI)" shall mean the kBTUs (1,000 British Thermal Units) used per
square foot of gross floor area.
(6) "Portfolio Manager" shall mean ENERGY STAR Portfolio Manager, the internet-based tool
developed and maintained by the United States Environmental Protection Agency to track and
assess the relative energy performance of buildings nationwide, or successor.
(7) "Utility" shall mean an entity that distributes and sells energy to covered Municipal Buildings.
§2. APPLICABILITY
(1) This policy is applicable to all Municipal Buildings measuring one hundred (100) square feet
or more.
(2) The Sustainability Coordinator may exempt a particular Municipal Building from the
benchmarking requirement, if the Sustainability Coordinator determines that it has characteristics
that make benchmarking impractical.
§3. BENCHMARKING REQUIRED FOR MUNICIPAL BUILDINGS
No later than May 1 every year, the Sustainability Coordinator or his or her designee shall enter
into Portfolio Manager the total energy consumed by each Municipal Building, along with all other
descriptive information required by Portfolio Manager for the previous calendar year.
(2) For new Municipal Buildings that have not accumulated twelve (12) months of energy use data
by the first applicable date following occupancy for inputting energy use into Portfolio Manager,
the Sustainability Coordinator or his or her designee shall begin inputting data in the following
year.
§4. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION
(1) The Town shall make available to the public on the internet Benchmarking Information for the
previous calendar year:
(a) By September 1 of each year for Municipal Buildings; and
(2) The Sustainability Coordinator shall make available to the public on the internet and update at
least annually, the following Benchmarking Information:
(a) Summary statistics on Energy consumption for Municipal Buildings derived from
aggregation of Benchmarking Information; and
(b) For each Municipal Building individually:
(i) The status of compliance with the requirements of this Policy; and
(ii) The building address, primary use type, and gross floor area; and
(iii) Annual summary statistics, including site EUI, Weather Normalized Source
EUI, annual GHG emissions, and an Energy Performance Score where available;
and
F)
Page 17 of 74
(iv) A comparison of the annual summary statistics across calendar years for all
years since reporting under this Policy has been required for said building.
§5. MAINTENANCE OF RECORDS
The Sustainability Coordinator shall maintain records as necessary for carrying out the provisions
of this Policy, including but not limited to, Energy bills and other documents received from tenants
and/or Utilities. Such records shall be preserved by the Townfor a period of five (5) years.
§6. ENFORCEMENT AND ADMINISTRATION
(1) The Sustainability Coordinator or his or her designee shall be the Chief Enforcement Officer
of this Policy.
(3) Within thirty (30) days after each anniversary date of the effective date of this Policy, the
Sustainability Coordinator shall submit a report to the Town Board, including but not limited to, a
summary of statistics on energy consumption for Municipal Buildings derived from aggregation
of Benchmarking Information, a list of all Municipal Buildings identifying each Municipal
Building that the Sustainability Coordinator determined to be exempt from the benchmarking
requirement and the reason for the exemption, and the status of compliance with the requirements
of this Policy.
§7. EFFECTIVE DATE
This policy shall be effective immediately upon passage.
§8. SEVERABILITY
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause,
provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court
of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of
any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain
in full force and effect.
The vote on the foregoing resolution was as follows:
Town Supervisor Nancy Seligson
Deputy Town Supervisor Jaine Elkind Eney
Town Councilwoman Abby Katz
Town Councilwoman Sabrina Fiddelman
Town Councilman Jeffery King
3
Page 18 of 74
THIS ITEM HAS NO
DOCUMENTS -
DISCUSSION - NEW
BUSINESS
Page 19 of 74
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
TO: Town Board
FROM:
DATE: May 19, 2021
SUBJECT: Rock Removal Law
Page 20 of 74
Local Law No. - 2021
This local law shall be known as the "First Amendment to the 2020 Revision of the Mechanical
Rock Removal" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1- Purpose:
Local Law No. 10 of 2020 requires that the improvements on certain neighboring
properties be surveyed before mechanical rock removal is done. Although implicit, the law did
not explicitly require the applicant for the P&R Permit to deliver a copy of the survey to
homeowners or to the Building Department. This amendment makes that requirement explicit.
Section 2 - Amendment of a current section of the Mamaroneck Code:
Section 106-58.11. 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 pulverizing and removing rock.
I. Before work pursuant to a P&R Permit can begin, the applicant shall have a survey
done 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 comer. Such survey
must be done by an entity regularly engaged in conducting tests or furnishing inspection
services that is approved by the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration. 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. Prior to the issuance of the P&R Permit, a copy
of the survey shall be given, free of charge, to the occupant of the applicable surveyed lot,
and to the Building Department. 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.
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.
Page 21 of 74
Section 4 — Effective Date:
This Local Law shall become effective upon its filing with the Secretary of State.
2021-05-05
Page 22 of 74
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
TO: Town Board
FROM:
DATE: May 19, 2021
SUBJECT: Sewer Rent Law
P �-- �- �* 0 W.
Page 23 of 74
Local Law No. - 2021
This local law shall be known as the "Deadline for Taking a Sewer Rent Appeal" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1— Purpose:
Pursuant to section 174-D of the Code of the Town of Mamaroneck, a sewer user can
appeal the sewer rent he/she/it is charged. However, the current law does not contain a time
period within which such an appeal must be taken. This amendment solves that problem by
requiring an appeal to be taken by no later than March 31 of the year after the year that the sewer
rent is imposed. This three-month period after the close of the preceding year affords a sewer user
ample time to prepare an appeal.
Section 2 — Amendment of a current section of the Mamaroneck Code:
Section 174-D of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
"Any system user who maintains that such system user's sewer rent should be reduced for any
given year may make one application to the Town Board for a reduction in that year's sewer rent.
Such application must be in writing, must be made no later than March 31 of the following year,
and be supported by evidence that proves either:
(1) That the system user's water consumption was less than the water consumption that was used
to calculate the system's user's sewer rent for that year; or
(2) That the amount of the system user's water consumption that actually was discharged into the
sanitary sewer system was less than the amount of water consumption used to calculate the
system user's sewer rent.
Failure to apply for a reduction in the sewer rent by the last date on which such application can be
made is an absolute bar to a reduction in sewer rent for the year at issue."
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.
Page 24 of 74
Section 4 — Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
2021-05-05
Page 25 of 74
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
TO: Town Board
FROM:
DATE: May 19, 2021
SUBJECT: Fire Claims
I
Page 26 of 74
Town of Mamaroneck
From: Tracy Yogman - Town Comptroller
Re: Fire Claims
Date: May 19, 2021
The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun
Hughes and submitted to the Comptroller's Office for payment:
VENDOR
DESCRIPTION Amount
Bound Tree Medical, LLC Medical supplies $ 30.00
(30) pairs of White Uniform Gloves & (50) Mourning Badges, for
Brother's The Police Store attending funeral services. 170.00
Fire -End & Croker Corp. (3) Chiefs Badges - (Hughes, Broderick, Rapp) 196.35
Starr Uniform Center (10) White Uniform Long Sleeve Dress Shirts for members. 588.50
UNiFirst Corporation Cleaning supplies 4/30, 4/23/21 181.93
WJWW 6" Metered Fire Service 3/26-4/25/21 36.69
WJWW 205 Weaver ST Charges 3/25-4/26/21 158.86
Total $ 1,362.33
Page 27 of 74
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
TO: Town Board
FROM:
May 19, 2021
SUBJECT:Other Fire Department Business
ATTACHMENTS:
Page 28 of 74
THIS ITEM HAS NO
DOCUMENTS- OTHER
FIRE DEPARTMENT
BUSINESS
Page 29 of 74
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
TO: Town Board
FROM:
DATE: May 19, 2021
SUBJECT: Authorization - Cyber Security Agreement
ATTACHMENTS:
W al 03 M =-
Page 30 of 74
FROM: Tracy Yogman- Town Comptroller
Shyam Pandya- IT Director
RE: Authorization- Cybersecurity Advisory Services
DATE: April 21, 2021
Attached is a proposed agreement with PKF O'Connor Davies to provide 20 hours of cybersecurity
advisory services. It is crucial that the Town keep up with the rapidly evolving changes in cyber
security in order to secure its systems and mitigate risk. O'Connor Davies will provide their expertise
in the field and ensure that the Town complies with all new and updated cybersecurity standards as
they evolve. O'Connor Davies has conducted a cybersecurity assessment for the Town and currently
provides cybersecurity training for all staff.
The following services will be provided:
• Consultation on policy and procedure development.
• Consultation on PCI -DSS compliance and Self Attestation Questionnaire Completion.
• Consultation on Cyber Insurance questionnaires.
• Third Party Cybersecurity Due Diligence.
• Incident Handling.
• Risk Assessments.
The fee for the block of 20 hours will be $5,200 and additional hours can be procured at $260/hr.
ACTION REQUESTED: THAT THE TOWN BOARD APPROVE THE AGREEMENT WITH PKF
O'CONNOR DAVIES FOR CYBSECURITY ADVISORY SERVICES FOR THE INFORMATION
TECHNOLOGY DEPARTMENT AT AN ANNUAL COST OF $5,200 AND ADDITIONAL HOURSAT
$260/HR NOT TO EXCEED APPROPRIATED FUNDS FOR SUCH SERVICES AND THAT THE
DEPUTY TOWN ADMINISTRATOR BE AUTHORIZED TO SIGN THIS AGREEMENT.
Page 31 of 74
Engagement Letter for
Cybersecurity Advisory Services
May 13, 2021
Submitted By:
Thomas DeMayo, Principal
Cyber Risk Management
212.286.2600
Page 32 of 74
October 5, 2020
Mr. Shyam Pandya
Director of Information Technology
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
Dear Mr. Pandya:
Thank you for the opportunity to present this proposal for Cybersecurity Advisory Services to the
Town of Mamaroneck (the "Town").
Statement of Work
We will provide 10 hours of Cybersecurity Advisory services to the Town. Hours can be used towards
such projects as, but not limited to:
• Consultation on policy and procedure development.
• Consultation on PCI -DSS compliance and Self Attestation Questionnaire Completion.
• Consultation on Cyber Insurance questionnaires.
• Third Party Cybersecurity Due Diligence.
• Incident Handling.
• Risk Assessments.
Given the nature of the services to be provided, all services will be performed by Senior Level
employees. Thomas DeMayo will be the primary advisor to the Town.
At a minimum, monthly check -ins will be performed to identify the needs of the Town and ensure
alignment of resources to provide the advisory services requested.
Management Responsibilities
Management is responsible for management decisions and functions, and for designating an
individual with suitable skill, knowledge, and/or experience to oversee any consulting and other
services we provide. Management is also responsible for evaluating the adequacy and results of the
services performed and accepting responsibility for such services. Our services provided in
accordance with this letter do not relieve management of these responsibilities.
In providing these services for the Town, you acknowledge that the following functions are your
responsibility and cannot be delegated to the Firm:
PKF O'CONNOR DAVIES, LLP
665 Fifth Avenue, New York, NY r022 1 Tel: 212.867.8000 or 212.286.260040
PKF O'Connor Davies, LLP is a member firm of the PKF International Limited network of legally independent firms and does not accept any responsibility or
liability for the actions or inactions on the part of any other individual member firm or firms.
33 of 74
COPKF
6CONNOR
ACCOUNTANTS AND ADVISORS
ESTABLISHED IN 1891
• Making management decisions and performing all management functions of the Town;
• Establishing and maintaining internal controls of the Town;
• Overseeing any work performed by us, including:
o Evaluating the adequacy of any results provided, and
o Accepting responsibility for the results of the services performed;
• Your will provide reasonable cooperation of Town management and staff in the pursuit of our
efforts; and
• Any changes in scope will be mutually agreed to in writing by an addendum to this
engagement letter.
Fees and billing
Our fee for the block of 10 hours will be $2,600. Additional hours can be procured as needed at a rate
of $260 per hour.
Fifty percent of the fees will be due at the beginning of the budget year in which this Statement of
Work will apply.
The initial term of this agreement shall be from June 1, 2021 to December 31, 2021 with two annual
options to renew.
Budget Year
Minimum Hours
of Service
Contract
Amount
2021
5
$1,300
2022
10
$2,600
2023
10
$2,600
Any unused hours can be applied to other Cybersecurity and IT Projects as requested; however, they
must be applied during the budget year in which this Statement of work applies.
Payment is due within 30 days upon receipt of an undisputed invoice.
Either party may terminate this agreement for any reason with a 30 day notice
Liability
Any and all claims by the Town arising under this engagement must be commenced by the Town
within three years following the end of the budget year in which this Statement of Work will apply.
Our Firm's maximum liability to the Town for any reason relating to the services under this letter shall
be limited to the insurance liability limits except to the extent it is finally determined that such liability
resulted from the willful or intentional misconduct or fraudulent behavior of the Firm. In no event shall
the Firm be liable to the Town, whether a claim be in tort, contract or otherwise, for any consequential,
indirect, lost profit or similar damages.
34 of 74
COPKF
6CONNOR
ACCOUNTANTS AND ADVISORS
ESTABLISHED IN 1891
You agree to reimbuse our Firm, its partners, principals and employees, to the fullest extent permitted
by law for any expense, including compensation for our time at our standard billing rates and
reimbursement for our out-of-pocket expenses and reasonable attorneys' fees, incurred in complying
with or responding to any request (by subpoena or otherwise) for testimony, documents or other
information concerning the Town by any governmental agency or investigative body or by a party in
any litigation or dispute other than litigation or disputes involving claims by the Town against the Firm.
This indemnification will survive termination of this engagement.
Insurance
Our Firm shall supply and maintain insurance which defends, indemnifies and holds harmless the
Town of Mamaroneck, its officers, employees and agents from and against all liability, damage
claims, demands, costs, judgments, fees, attorney's fees or loss arising directly out of acts or
omissions hereunder by the contractor or third party under the direction or control of the contractor.
The successful bidder must furnish the Town with Certificate of Insurance prior to commencement
of work. The required coverage shall not be less than the following:
• WORKERS COMPENSATION STATUTORY
REQUIREMENTS
• NY STATE DISABILITY STATUTORY
REQUIREMENTS
• General Liability
• Automobile Liability
• "Contractual Liability"
• Errors and Omissions
• Professional Liability Insurance
$2,000,000
$1,000,000
Must be printed on Certificate
$1,000,000
$1,000,000 per occurrence
INSURANCE CERTIFICATES SHALL NAME THE TOWN OF MAMARONECK AS ADDITIONAL
INSURED PARTY AND SHALL STATE THAT ALL COVERAGE SHALL BE PRIMARY TO ANY
OTHER INSURANCE COVERAGE HELD BY THE TOWN.
"The Town of Mamaroneck is named as an additional insured party for all general and excess
liability coverage based on the contractual liability of the named insured. Such general and excess
liability coverage shall be primary to any other coverage carried by the Town of Mamaroneck with
respects to acts or omissions of the named insured."
It is intended by the parties hereto that the general and excess liability insurance provided by the
contractor shall be primary to any other coverage carried by the Town of Mamaroneck with respect
to liability coverage arising out of any act or omissions by the contractor. The Town of Mamaroneck
will be named as an additional insured. Nothing contained herein shall be construed as making
said general and excess liability insurance primary insurance for acts or omissions of the Town of
Mamaroneck.
35 of 74
COPKF
6CONNOR
ACCOUNTANTS AND ADVISORS
ESTABLISHED IN 1891
Dispute resolution
Subject to the Town's obligations under the Freedom of Information Laws (FOIL), all aspects of the
arbitration shall be treated as confidential. Any claim or controversy ("dispute") arising out of or
relating to this engagement, the services provided thereunder, or any other services provided by or
on behalf of the Firm or any of its subcontractors or agents to the Town or at its request (including
any dispute involving any person or entity for whose benefit the services in question are or were
provided), shall first be submitted in good faith for mediation administered by the American
Arbitration Association ("AAA") under its Mediation Rules. Each party shall bear its own costs in the
mediation. Absent an agreement to the contrary, the fees and expenses of the mediator shall be
shared equally by the parties.
If the dispute is not resolved by mediation within 90 days of its submission to the mediator, then, and
only then, the parties shall submit the dispute for arbitration administered by the American Arbitration
Association under its Professional Accounting and Related Services Dispute Resolution Rules (the
"Rules"). The arbitration will be conducted before a single arbitrator selected from the AAA's Panel of
Accounting Professionals and Attorneys and shall take place in New York, New York.
Any discovery sought in connection with the arbitration must be expressly approved by the arbitrator
upon a showing of substantial need by the party seeking discovery.
All aspects of the arbitration shall be treated as confidential. The parties and the arbitrator may
disclose the existence, content or result of the arbitration only as expressly provided by the Rules.
The arbitrator shall issue his or her final award in a written and reasoned decision to be provided to
each party. In his or her decision, the arbitrator will declare one party the prevailing party. The
arbitrator shall have the power to award to the prevailing party reasonable legal fees associated with
the arbitration and prior mediation. The arbitrator shall not have authority to award damages that are
punitive in nature, or that are not measured by the prevailing party's actual compensatory loss.
The award reached as a result of the arbitration will be binding on the parties and confirmation of the
arbitration award may be sought in any court having jurisdiction.
This engagement will be governed by the laws of the State of New York, without giving effect to any
provisions relating to conflict of laws that would require the laws of another jurisdiction to apply.
Confirmation
Requests for services other than those included in this engagement letter will be agreed upon
separately.
All rights and obligations set forth herein shall become the rights and obligations of any successor
firm to PKF O'Connor Davies, LLP by way of merger, acquisition or otherwise.
If this letter correctly expresses your understanding of the terms of our engagement, please sign a
copy where indicated and return it to us.
36 of 74
We are pleased to have this opportunity to serve you and look forward to working with you on this
assignment.
Very truly yours,
M �� �, ZP
TD/tm
AGREED AND ACCEPTED
The services described in the foregoing letter are in accordance with our requirements and are
acceptable to us.
TOWN OF MAMARONECK
BY:
TITLE:
DATE:
37 of 74
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
TO: Town Board
FROM:
DATE: May 19, 2021
SUBJECT: Resolution - Energy Benchmarking for Certain Municipal Buildings
ATTACHMENTS:
I ALI I A 1"Nerd 211410 RI 0 ILYA F-11 :4 LI ILI Lea 1[*] :0014 N F -Al ILI I LVA 1510 1 lei I ZrTl W 1.00191 IND] ILI
Page 38 of 74
THIS DOCUMENT IS
LOCATED IN THE
WORKSESSION SECTION -
RESOLUTION - ENERGY
BENCHMARKING FOR
CERTAIN MUNICIPAL
BUILDINGS
Page 39 of 74
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
TO: Town Board
FROM:
May 19, 2021
SUBJECT:et Public Hearing - NYStretch Energy Code 2020
ATTACHMENTS:
�� •��Iii oil
1. •! 1 !
Page 40 of 74
THIS DOCUMENT IS
LOCATED IN THE
WORKSESSION SECTION -
SET PUBLIC HEARING -
NYSTRECH ENERGY CODE
2020
Page 41 of 74
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
TO: Town Board
FROM:
DATE: May 19, 2021
SUBJECT: Authorization - Consultant's Proposal for Memorial Park Playground Renovations
ATTACHMENTS:
1140111ILTAPM =43 1W.-MVIMIN , a • a
Page 42 of 74
Town of Mamaroneck TEL: 9141381-7835
Engineering Deportment, Town Center FAX: 9141381-8473
740 West Boston Post Road, Mamaroneck, NY 10543-3353
Robert P. Wasp, P. E., C. D, T. rwasp@townofmamaroneckNY.org
Town Engineer
DATE: April 30, 2021
TO: Nancy Scligson,Town Supervisor
ToNvri Board Members
CC: Connie Green O'Donnell, Deputy Town Administrator
Jill Fisher, Superintendent of Recreation
FROM: Robert Wasp, P.E., Town Engineer
SUBJECT: Authorization of Consultant Proposal — Memorial Park Playground Renovation
Design Development, Procurement and Construction Administration Services
Consultant proposals flor Memorial Park Playground Renovation at 4 Baldwin Ave will include
design development, procurement and construction administration services for the park. The
consultant will include the design for a new jungle gym that will be suitable for multiple age
groups and will include the renovation of the surrounding picnic and walkway areas. The
proposal would entail the design and furbishing of all drawings and contract documents for bid.
The referenced firm will also provide support during the construction process with reviews,
inspections and proJect closeout.
Proposals were solicited in 2020 but was delayed due to COVID-19. In 2021 the three lowest
bidders were contacted to review their original proposals for the Memorial Park Playground
Renovation.
Insite Engineering, Surveying & Landscape Architecture, P.C. submitted the most responsive
and qualified proposal to the project. The proposed fee of $41,500 appears fair and reasonable
considering that both design and construction admin support phases are included. Therefore, the
Engineering Department recommends that the Town Board consider authorization of Insite
Engineering, Surveying & Landscape Architecture proposal to allow design of the proposed
improvements to commence.
Please feel free to contact nie with any questions.
Page 43 of 74
Margaret Delohery
From: Richard Williams, PE <RWilliams@insite-eng.com>
Sent: Friday, April 16, 20219:39 AM
To: Wasp, Robert
Cc. Downey, Alexis
Subject: RE: Consultant Proposals for Memorial Park Playground Renovation - Town of
Mamaroneck
Rob,
We reviewed our proposal. I only see two things to mention, but we will not be updating our proposal:
1. At the time we had indicated that we were working remotely due to COVID. We are no longer working
remotely.
2. We had attached our 2020 fee schedule for reference. Our rates have increased slightly but will not affect the
fixed fee budgets provided.
Regards and thanks for the opportunity,
Rich
Richard D. Williams Jr., P.E.
Principal Engineer
INSITE ENGINEERING, SURVEYING & LANDSCAPE ARCHITECTURE, P.C.
(845) 225-9690 x118
From: Wasp, Robert <RWasp@TownofMamaroneckNY.org>
Sent: Wednesday, April 14,20219:47 AM
To: Richard Williams, PE <RWilliams@insite-eng.com>
Cc: Downey, Alexis <Engineeringintern@TownofMamaroneckNY.org>
Subject: Re: Consultant Proposals for Memorial Park Playground Renovation - Town of Mamaroneck
Hi Rich,
We intend to make a selection before the first week of May. If you could try to get us the updated proposal
ASAP, at least before Friday 4/23 it would be appreciated
Robert Wasp, P. E.
Town Engineer
(0):(914)-381-7835
Sent via the Samsung Galaxy S10, an AT&T 5G Evolution capable smartphone
Get Outlook for Android
From: Richard Williams, PE <RWilliams@insite-eng.com>
Sent: Tuesday, April 13, 20218:52:44 PM
To: Wasp, Robert <RWasp@TownofMamaroneckNY.org>
Page 44 of 74
Cc: Downey, Alexis <Engineeringlntern@TownofMamaroneckNY.org>
Subject: RE: Consultant Proposals for Memorial Park Playground Renovation - Town of Mamaroneck
•.3
We are still interested in remaining in consideration and will review our proposal provided. Is there a date by which we
need to provide an updated proposal if we are going to provide one?
Thanks,
Rich
Richard D. Williams Jr., P.E.
Principal Engineer
INSITE ENGINEERING, SURVEYING & LANDSCAPE ARCHITECTURE, P.C.
(845) 225-9690 x118
From: Wasp, Robert <RWasp@TownofMamaroneckNY.org>
Sent: Monday, April 12, 202112:27 PM
Cc: Downey, Alexis <En-gineeringintern@TownofMamaroneckNY.org>
Subject: Consultant Proposals for Memorial Park Playground Renovation - Town of Mamaroneck
Good afternoon,
Hope that all receiving this email have navigated the last year in good health and with stability.
The Town of Mamaroneck had previously collected consultant services proposals to support the planned
Memorial Park Playground renovation. Plans to move forward with the project were indefinitely postponed due
to financial implications of the COVID19 pandemic last spring. I am pleased to share that the Town is ready to
move forward with the consultant design scope and subsequent construction work now in 2021.
You firm's 2020 proposal was reviewed and shortlisted for further discussion. Considering the time elapsed the
Town would like to offer the opportunity to review and potential re -issue your proposal for the same project
scope now in 2021. The Town's intended timeline is to review proposals for intended consultant selection by
early May. Completion of the design scope including finalization of bid documents would be requested for late
summer in advance of permissible construction start in fall 2021. Topographic survey work of the project area
was completed in 2020.
Please confirm whether your firm wishes to remain in consideration for the project and if an updated proposal
is intended to be provided. Thank you and all the best.
Robert P. Wasp, P.E., C.D.T.
Town Engineer
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, New York 10543
(P) 914-381-7835
rwasD@TownofMamaroneckNY. org
Page 45 of 74
Page 46 of 74
INSI -E
ENG/NEER/NG, SURVEY/NG &
LANDSCAPEARCH/TECTURE, P.C.
April 3, 2020
Mr. Robert Wasp, P.E.
Engineering Department, Room 208
Mamaroneck Town Center
740 West Boston Post Road
Mamaroneck, New York 10543
RE: Request for Proposal
Professional Design Services
Memorial Park Playground Renovation
Dear Mr. Wasp:
In response to the Request for Proposal for the Memorial Park Playground Renovation, our firm,
Insite Engineering, Surveying & Landscape Architecture, P.C. (Insite) is pleased to present our proposal
for this assignment.
Insite has worked with many municipalities and school districts on park renovation and
reconstruction projects, and believe this experience as well as our diverse staff, uniquely qualifies Insite
for the subject assignment. We look forward to a continued working relationship with the Town and thank
you for the opportunity to submit our proposal.
During these unprecedent times Insite is working remotely to continue to service our client's needs.
We have and continue to invest in the latest technologies and have all capabilities to host virtual
meetings, review and share plans digitally, and coordinate both internally and with project stakeholders in
a safe and efficient manner. At Insite we hold public and staff safety paramount and are proud to have
invested in the ability to continue serve our client's during these times.
Should you have any questions or comments regarding this information, please feel free to contact
our office.
Very truly yours,
INSITE ENGINEERING, SURVEYING & LANDSCAPE ARCHITECTURE, P.C.
Richard D. Williams Jr., P.E.
Principal Engineer
RDW
Insite File No. 00006.4330
3 Garrett Place, Carmel, New York 10512 (845) 225-9690 Fax (845) 225-9717
www.insite-eng.com
040320rw.doc
Page 47 of 74
I N,SI TE
ENGINEERING, SURVEYING &
=i;;-,�LANDSCAPEARCHIrECTURE, P.C.
1:10.1 �T
Prepared for:
TOWN OF MAMARONECK
Memorial Park Playground Renovation
April 39 2020
Prepared by:
Insite Engineering, Surveying & Landscape Architecture, P.C.
3 Garrett Place
Carmel, New York 10512
p4330cover.doc
Page 48 of 74
/NS/TE
1p"7ENGINFERIM9, SURVEY/NG &
IANDSCAPEARCH?ECTURE, P.C.
TOWN OF MAMARONECK
MEMORIAL PARK PLAYGROUND RENOVATION
INTRODUCTION
Insite Engineering, Surveying & Landscape Architecture, P.C. (Insite) is a
diversified consulting firm providing professional services in the following areas:
• Civil Engineering
• Surveying and Mapping
• Landscape Architecture and Planning
Insite provides professional services backed by a reputation of delivering timely
innovative solutions to our many municipal, corporate, and private clients. Insite's
experience with park design, and our past performance on similar projects make Insite
uniquely qualified for the current assignment. Our company philosophy is to deliver
quality services in a timely fashion, giving full consideration to cost effective solutions.
The staff at Insite is led by experienced professionals licensed in the fields of
engineering, surveying, and landscape architecture who have managed thousands of
assignments to successful completion. The entire staff exhibits a special pride in their
work as experts in their respective fields, and also in collaborating on multi -discipline
design teams. Insite's staff is supported by a variety of advanced equipment and
technology including computer aided design and drafting (CAD) systems, geographic
information systems (GIS), fully automated survey data collection, and global
positioning systems (GPS) surveying. Insite is located in Carmel, New York,
conveniently serving Dutchess, Putnam and Westchester Counties.
Insite has worked on a numerous park projects ranging in size, scale, location and
scope. Working for both municipalities and private developers Insite has been involved
in everything from master planning for parks, design of small park renovations,
Americans with Disability Act (ADA) analysis, bidding and construction oversight.
Insite's mission has remained consistent since our inception in 1989; deliver
prompt, professional services driven by value and our client's needs. At Insite, we make
commitments you can count on, and deliver solutions you can build on.
3 Garrett Place, Carmel, New York 10512 (845) 225-9690 Fax (845) 225-9717
www.insite-eng.com
Introduction.doc
Page 49 of 74
................ . / N S / T E
,ENGINEEFRING, SURVEYING A
L
't,ANDSCAPEARCH17 -ECTURE, P.C.
• A A
COMPANY PROFILE
Name: Insite Engineering, Surveying & Landscape Architecture, P.C.
Address: 3 Garrett Place, Carmel, New York 10512
Phone: (845) 225-9690
Fax: (845) 225-9717
Website: www.insite-eng.com
Email: rwilliams@insite-eng.com
Date of Inception: November, 1989
Type of Business: Professional Corporation
Office Location: Carmel, New York
Contact Person: Richard D. Williams Jr., P.E.
COMPANY HISTORY
Insite was founded in 1989 as Insite Engineering and Design, P.C. with the ideal
that quality professional engineering services were needed in the Putnam County area.
The firm evolved through the early 1990's with the addition of land surveying and
landscape architectural services and changed its name to Insite Engineering, Surveying
& Landscape Architecture, P.C.
Today Insite's staff is led by 5 professional engineers, 4 registered landscape
architects and 3 licensed land surveyors providing professional services throughout the
region. These licensed professionals along with Insite's technical staff have led
hundreds of projects to successful completion.
3 Garrett Place, Carmel, New York 10512 (845) 225-9690 Fax (845) 225-9717
www.insite-eng.com
Company Profile.doc
Page 50 of 74
/NS'/ T E
TW7 ENGINEERING, SURVEYING A
1ANDSCAPEARCHITE07-URE, P.C.
TOWN OF MAMARONECK
MEMORIAL PARK PLAYGROUND RENOVATION
PROJECT EXPERIENCE
• Tibbets Brook Park, Westchester County:
Insite is currently working with Westchester County to renovate / redevelop
several areas within Tibbets Brook Park. The goal of the project is to expand
parking and improve access utilizing green building techniques to the maximum
extent practicable. Insite is preparing the necessary design drawings, opinions of
probable cost, and is assisting with bidding.
• Anderson Park, City of New Rochelle:
Insite is currently working with a private developer and the City of New Rochelle to
renovate an existing pocket park. This project will be privately constructed and
consists of a free standing coffee / brew shop, outdoor seating, and water
features.
• Fort Hill Park, City of Peekskill:
Insite worked with the City of Peekskill on design and bidding associated with the
redevelopment of Fort Hill Park. A passive park with historic elements dating
back to the Revolutionary War, particular care had to be given to trail layout and
ADA accessibility so as to integrate, but not disrupt, these historic elements.
• Airport Park, Town of Carmel:
Insite worked with the Town of Carmel to redevelop an existing site into multi -use
playing fields. As a new Park was being constructed Insite had to work with
various stakeholders through the design process to incorporate necessary design
elements important to the community. Construction is anticipated to be completed
this year.
3 Garrett Place, Carmel, New York 10512 (845) 225-9690 Fax (845) 225-9717
www.insite-eng.com
Aftachments.doc
Page 51 of 74
-JTf !NS/TE
7—,ENGINEERING, SURVEY/NG &
LANDSCAPEARCHITECTURE, P.C.
N.-
• A A ' •
, 404k RO-, we k
COMPANY RESOURCES
Civil Engineering
Insite's staff includes 5 professional engineers supported by technical staff and
resources. The engineering staff focuses on site engineering with a specialty in
coordinating with our Landscape Architects to create a more captivating design.
• Landscape Architecture
Insite's staff includes 4 registered landscape architects who direct and collaborate
on site planning and stormwater projects. Insite continues to blend stormwater
design with landscape architecture as the stormwater field evolves.
• Land Surveying
Insite's staff includes 3 licensed land surveyors who oversee two field crews and
supporting mapping technicians. The surveying group specializes in mapping in
support of engineering efforts as well as specialty surveying for infrastructure
projects.
a Clerical & Support Staff
The professional staff at Insite is supported by a clerical staff as well as technical
staff. This support staff is uniquely qualified to advance site related projects of all
types and sizes.
• Technology Support
Insite utilizes best available technology throughout the firm's daily tasks. In these
unprecedented times Insite is working 100% remote and has all technological
capabilities to host virtual meetings, review and share plans digitally, and work
and function as an integrated team with ourselves and clients.
All employees function with digital platforms ranging from basic word documents
through complicated three dimensional terrain models and project models.
Insite's staff is supported by a variety of advanced equipment and technology
including computer aided design and drafting (CAD) systems, geographic
information systems (GIS), fully automated surrey data collection, and global
positioning systems (GPS) surveying.
3 Garrett Place, Carmel, New York 10512 (845) 225-9690 Fax (845) 225-9717
www.insite-eng.com
Company Resources.doc
Page 52 of 74
/NS/ TE
ENG/NEERING, SURVEY/NG &
LANDSCAPEARCH/TECWRE, P.C.
TOWN OF MAMARONECK
MEMORIAL PARK PLAYGROUND RENOVATION
FEES FOR SERVICES
Pursuant to the Request for Proposal (included herewith as Attachment 2) Insite proposes the
following lump sum fees associated with the scope of work outlined in the Request for Proposal:
1. Design Development Phase: $21,700.00
2. Procurement Phase: $5,000.00
3. Construction Administration Phase: $14,800.00
It should be noted the above pricing is based upon three (3) stakeholder meetings during the
Design Development Phase and twelve (12) inspections plus a final walk thru during the Construction
Administration Phase.
Insite's services will be billed monthly on a time and materials basis for all hours expended in
accordance with the fee schedule in effect at the time the services are performed. Any additional
services requested will also be billed monthly on a time and materials basis for all hours expended in
accordance with the fee schedule in effect at the time the services are performed.
Attached is Insite's current Fee Schedule, and General Terms and Conditions.
The scope of professional services is defined in the Request for Proposal issued by the Town of
Mamaroneck. The fees stated in this proposal do not include the following:
• Engineering services beyond those stated.
• Surveying services.
• Stormwater management design or sizing calculations.
• Procurement's of any municipal or government permits (not anticipated).
• Filing, application, and review fees to governing agencies (not anticipated).
• SEORA services (not anticipated).
• Excavating services (not anticipated).
• Architectural services.
• Services resulting from significant changes in the general scope, extent, or character of the
project or its design, beyond the control of Insite.
• Reimbursable expenses per attached fee schedule.
3 Garrett Place, Carmel, New York 10512 (845) 225-9680 Fax (845) 225-9717
www.insite-eng.com
Fees for Services.doc
Page 53 of 74
/NS/TE
jp",�7 ENGINEERING, SURVEYING &
LA NDSCA PEA RCHITECWRE, P.C.
TOWN OF MAMARONECK
MEMORIAL PARK PLAYGROUND RENOVATION
ATTACHMENT 1
INSITE FEE SCHEDULE AND TERMS
3 Garrett Place, Carmel, New York 10512 (845) 225-9690 Fax (845) 225-9717
www.insite-eng.com
Attachments.doc
Page 54 of 74
INS / TE
ENGINEERING, SURVEY/NG &
LANDISCAPEARCH/TECTURE, P.C.
2020 PROFESSIONAL SERVICES SCHEDULE
(Page 1 of 2)
Senior Principal
Principal
Senior Project Personnel (Engineer, Landscape Architect, Surveyor)
Project Personnel (Engineer, Landscape Architect, Surveyor, Designer)
Senior Designer, Senior Field Technician, Senior Survey Technician
Design Engineer/Landscape Designer/CADD Specialist/Survey Technician II
Designer/Survey Technician I
CADD Operator/Field Technician
Junior Technician
Administration
Survey Field Crew (2 -person)
Survey Field Crew (1 -person)
$198./hr.
$180./hr
$156./hr.
$142./hr.
$120./hr.
$114./hr.
$102./hr.
$86./hr.
$76./hr.
$56./hr.
$220./hr.
$166./hr.
Survey field crew rates stated are not based on prevailing wage rates. Assignments requiring
prevailing wage rate surveying will require rate adjustments based on applicable prevailing wage
rates specific to the assignment.
All hours are billed portal to portal. In addition, reimbursement is required for all actual expenses
incurred including mileage (rate of $0.60 per mile), special equipment, plotting, printing, postage,
express deliveries, and related items.
GENERAL TERMS AND CONDITIONS
Insite shall mean only INSITE ENGINEERING, SURVEYING & LANDSCAPE ARCHITECTURE, P.C., and Client
shall mean the party that executed the attached Agreement.
Payment Unless otherwise provided in this Agreement, Insite shall invoice Client monthly as provided in the
attached agreement. Insite submits invoices on a monthly basis or upon completion of each task, whichever
comes first.
Invoices are payable within 15 days of the invoice date. Accounts remaining unpaid more than 15 days after the
Invoice date are subject to 1 percent interest per month (12 percent annually), starting from the date of the invoice.
In addition, Insite may, after 30 days from the date of the invoice, suspend services until Insite is paid in full for
amounts due for services rendered.
Chances in Scope Client shall have the right within the general purpose and intent of the project to change, add
or delete items from services in writing and subject only to the agreement of Insite with respect to the effect on cost
and schedule.
Non -Responsibility Insite shall not be responsible for construction means and methods, site safety, or pollution
control
Client Responsibilities Client shall on a continuing basis throughout the term of this Agreement; maintain a
designated representative, who shall be reasonably available to meet with Insite on Clients behalf; provide Insite
with all relevant project related data available to Client; and unless otherwise provided arrange for access, entry
and use of property of Client (including utilities thereon) and others, as and when reasonably required by Insite for
performance of services.
3 Garrett Place, Carmel, New York 10512 (845) 225-9690 Fax (845) 225-9717
www.insite-eng.com
Page 55 of 74
Insite Engineering, Surveying & Landscape Architecture, P.C.
2020 PROFESSIONAL SERVICES SCHEDULE (Page 2 of 2)
GENERAL TERMS AND CONDITIONS (Continued)
Chance in Law Client shall bear the cost of any material change in, or addition to, services resulting from a
change in law or interpretation effective after the date of this Agreement.
Force Maieure Neither party shall be liable for loss or damage suffered by the other as a result of any failure or
delay in the performance of its obligations under the Agreement caused by a Force Majeure event or circumstance
beyond its reasonable control.
Other Use of Results Client acknowledges that deliverable documents, drawings and data in whatever form
("Documents") produced directly or indirectly through the efforts of Insite in performing services and any analyses,
recommendations, or conclusions ("Results") they contain are based upon the specific circumstances and
conditions of the project and are intended solely for use by Client in connection with the project. Any change or
other than agreed upon use of Documents or Results shall be at the sole risk of Client. Regardless of when
delivered, Documents and Results shall become the property of Client upon Insite's receipt of payment in full.
Client agrees to defend, indemnify and hold harmless Insite from and against any and all losses arising from
Client's direct or indirect use of Documents or Results, other than for their intended use in connection with project.
Release of Digital Files Insite at its sole discretion may provide the client with digital files in accordance with
Insite's Digital File User Agreement. Should electronic files be issued, they are issued for convenience only, and
are not certified by Insite.
Indemnification Subject to the provision of these General Terms & Conditions, Insite agrees to indemnify and
hold harmless Client, its directors, officers, employees, agents, successors and assigns from losses to the extent
and in the proportion caused by the willful misconduct or negligent acts, errors or omissions of Insite, its directors,
officers, employees, successors and assigns. To the extent and in the proportion not caused by the willful
misconduct or negligent acts, errors or omissions of Insite, its directors, officers, employees or its agents,
subcontractors, successors and assigns, Client agrees to defend, indemnify and hold Insite harmless from losses
arising in connection with project.
Insurance Throughout the term of this Agreement, Insite shall maintain insurance including Worker's
Compensation; Automobile; General Liability; and Professional Liability insurance.
Liability The maximum liability of Insite, its directors, officers, employees and its agents, subcontractors,
successors and assigns to Client pursuant to these General Terms & Conditions shall be limited to the cost of the
services, or $1,000,000, whichever is less.
Limitation of Damages The parties waive any right they may have at law or in equity to demand or receive
consequential or punitive damages.
Suspension of Services Client shall have the right to suspend all or part of the services, provided Client gives
Insite at least seven (7) days' notice of the dates each suspension is to begin and end.
Termination Either party shall have the right to terminate this Agreement without cause upon thirty (30) days'
notice. In the event this Agreement is terminated by either party, Client shall pay in full for services performed and
costs reasonably incurred by Insite, its agents and subcontractors up to the effective date of termination.
Assignment Except as otherwise provided herein, this Agreement shall not be assignable by either party, in
whole or in part, without the prior written consent of the other party.
Notice All notices shall be given to the other party in writing by electronic delivery, hand delivery, express mail, or
U.S. mail service providing proof of delivery.
Integration This Agreement shall constitute the entire agreement between the parties.
Modification This Agreement shall not be modified or replaced, in whole or in part, except by written amendment.
Interpretation This Agreement shall be interpreted and enforced in accordance with the Laws of the State of New
York.
Severability If any provision of this Agreement is determined or declared by a court of competent jurisdiction to
be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall be unaffected and shall be
interpreted so as to give the fullest practicable effect to the original intent of the parties.
Waiver Unless otherwise agreed in writing, neither party's waiver of the other's breach of any term or condition
contained in this Agreement shall be deemed a waiver of any subsequent breach of the same or any other term or
condition of this Agreement.
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!NS/ TE
—11pj1jP'ENG/NEER/NG, SURVEY/NG $
LANOSCAPEARCH/TECTURE, P.C.
TOWN OF MAMARONECK
MEMORIAL PARK PLAYGROUND RENOVATION
ATTACHMENT 2
TOWN OF MAMARONECK REQUEST FOR PROPOSAL
WITH EXECUTED INDEMNIFICATION AGREEMENT
3 Garrett Place, Carmel, New York 10512 (845) 225-9690 Fax (845) 225-9717
www.insite-eng.com
Attachments,doc
Page 57 of 74
Town of Mamaroneck TEC: 914/381-7835
Engineering Department, Town Center FAX: 914/381-8473
740 West Boston Post Road, Mamaroneck, NY 10543-3353
Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org
Town Engineer
REQUEST FOR PROPOSAL
March 11, 2020
`ec : Town of Mamaroneck
Memorial Park Playground Renovation
Returner Engineering Department, Room 208
Mamaroneck Town Center
740 West Boston Post Road
Mamaroneck, NY 10543
The Town of Mamaroneck is seeking proposals for a consultant design services for the
renovation of playground and surrounding picnic and walkway area at the Town owned
Memorial Park, located at Baldwin Avenue, Larchmont, NY. Approximate limits for the area of
planned renovation work are defined on the on the accompanying aerial map.
CONSULTANT SCOPE:
The consultant will prepare design development and final documents to be used in
procurement of contractor services based upon provided topographic survey completed in
January 2020. Survey file to be provided in AutoCAD format. Consultant work tasks are
organized under the phases described as follows:
Design Development Phase
• Preparation of signed and sealed design drawings for project inclusive of but not
limited to the following elements:
a Playground design and surfacing
o Walkways/pavers
o Fencing
o Site amenities (benches, tables, trash receptacles, signage)
o Landscaping/plantings
o Replacement of Town sidewalk, curb and ADA ramps
• Attendance at design development review meetings with Town stakeholders
• Preparation of construction cost estimate
Procurement Phase
• Preparation of Bid Form and specifications based upon front end template provided
by Town
• Attendance Pre-bid site meeting with prospective bidders.
• Assistance with Town response to bid RFI's/ preparation of addenda
• Attendance at bid opening.
• Review of received bids for completion and references
• Prepare and issue Bid Results Letter.
Page 58 of 74
Town of Mamaroneck TEL: 914/381-7835
Engineering Department, Town Center FAX. 914/381-8473
740 West Boston Post Road, Mamaroneck, NY 10543-3353
Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org
Town Engineer
Construction Administration Phase
• Technical review of contractor product submittals
• Construction inspection as needed based upon (4) month estimated construction
period
• Review of field change proposals / preparation of work directive
• Assistance with technical review of payment applications based upon completed
work / limited field inspection
• Attendance at final walkthrough / preparation of contract punch list.
TIMELINE:
• Completion of the Design Development phase is anticipated within +/- (3) months from
date of proposal authorization
• Completion of Procurement Phase is anticipated as (1) month subsequent to final design
development
Construction of park improvements is anticipated to be commence in fall 2020 and will be
completed prior to spring 2021.
QUALIFICATIONS / REFERENCES
Respondents will provide an abbreviated list of technical project experience with design of
municipal/institutional park -space for Town consideration as part of fee proposal. The
Town of Mamaroneck may request clarification or supplemental information to better
evaluate relevant experience.
PROPOSAL FORMAT
Fee proposal shall be provided as lump sum plus reimbursable per defined phase. Number
of construction phase site inspections used for lump sum fee basis can be specified. Items
excluded from consultant scope of services shall be specifically identified.
Please submit your proposals to the Town of Mamaroneck Engineering Department Office
before 3:30 p.m. (EST) on Friday, March 27, 2020.
If you have any questions please feel free to call Town Engineer, Robert Wasp at (914)
381-7835 or email (rwasp(a-)townofmamaroneckn org).
Page 59 of 74
Town of Mamaroneck TEL: 914/381-7835
Engineering Department, Town Center FAX 914/381-8473
740 West Boston Post Road, Mamaroneck, NY 10543-3353
Robert P. Wasp, P.E., CD. T. rwasp@townofmamaroneckNY.org
Town Engineer
The Contractor agrees to protect, defend, indemnify and hold the Town of Mamaroneck, New
York. and any agents, officers, employees and consultants of any of them; free and harmless from
and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or
other expenses or liabilities of every kind and character arising out of or relating to any and all
claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and
character in connection with or arising directly or indirectly out of this agreement and/or the
performance hereof. without limiting the generality of the foregoing, any and all such claims, etc.,
relating to personal injury, death, damage to property, defects in materials or workmanship, actual
or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of
any other tangible or intangible personal or property right, or any actual or alleged violation of any
applicable statute, ordinance, administrative order, rule or regulation, decree of any court, shall be
included in the indemnity hereunder. The Contractor further agrees to investigate, handle, respond
to, provide defense for and defend any such claims, etc., at his sole expense and agrees to bear all
other costs and expenses related thereto, even if it (claims, etc.), is groundless, false or fraudulent.
In any case in which such indemnification would violate Section 5-322.1 of the New York General
Obligations Law, or any other applicable legal prohibition, the foregoing provisions concerning
indemnification shall not be construed to indemnify the Owner for damage arising out of bodily
injury to persons or damage to property caused by or resulting from the sole negligence of the
Owner, or its employees.
SIGNED AND SEALED this—`2"/ day
In the presence of.
WITNESS
Ahola Fhnnn
Notary Pubk f3eR4e of New York
tied.001HA6010170
Qudfied to DuWwm County
Cons aWm EVim Janumry 21, 20Z7—_Z4
PRINCIP
Principal Engineer
TITLE
Page 60 of 74
Minimum Insurance Requirements for Town of Mamaroneck
Vendors
The Vendor shall purchase and maintain insurance of the following types of coverage and limits of liability:
1) Commercial General Liability (CGL): coverage with limits of Insurance of not less than $1,000,000 Each
Occurrence/$2,000,000 Annual Aggregate and including a Waiver of Subrogation in favor of the Town of Mamaroneck.
a) CGL coverage shall be written on ISO Occurrence form (CG 00 01 04 13) or a substitute form providing equivalent
coverage and shall cover liability arising from premises, operations, independent contractors, products -completed
operations, and personal and advertising injury, blanket contractual including injury to subcontractors employees.
Note: Town of Mamaroneck and their agents, officers, directors and employees shall be included as additional
insured on the CGL, using ISO Additional Insured Endorsement (CG 20 10 04 13) or an endorsement providing
equivalent or broader coverage to Town of Mamaroneck and their agents, officers, directors and employees.
2) Automobile Liability
a) Business Auto Liability with limits of at least $1,000,000 each accident.
b) Business Auto coverage must include coverage for liability arising out of all owned, leased, hired and non -owned
automobiles.
c) Town of Mamaroneck and their agents, officers, directors and employees shall be included as an additional insured on
the auto policy.
d) Also needs to include waiver of subrogation in favor of the Town of Mamaroneck.
3) Workers' Compensation and Employers' Liability and N.Y.S. Disability
a) Statutory Workers' Compensation, Employers' Liability and N.Y.S. Disability Benefits
Insurance for all employees.
b) Where applicable, U.S. Longshore and Harbor workers Compensation Act
Endorsement shall be attached to the policy.
c) Where applicable, the Maritime Coverage Endorsement shall be attached to the policy.
d) Workers Compensation must include a waiver of subrogation in favor of the Town of Mamaroneck
Note: ACORD form is not acceptable proof of workers compensation coverage; must provide
C- 105.2 and Disability to be provided on DB -120.1
The insurance coverages above, general liability, automobile liability, workers' compensation and employers liability, must be
underwritten by Insurance Company with at least `A-, VIII' Best rating as defined by A.M. Best. Coverage for the additional
insured shall apply as Primary and Non -Contributing Insurance before any other insurance or self-insurance, include any
deductible, maintained by, or provided to, the additional insured's.
4) Policies shall be endorsed to provide that 30 days written notice prior to cancellation be given to the Town of Mamaroneck.
Policies that lapse and/or expire during the term of occupancy shall be re -certified and received by Town of Mamaroneck no less
than 30 days prior to cancellation or renewal.
5) Vendor/Contractor acknowledges that failure to obtain such insurance on behalf of the Town of Mamaroneck Constitutes a
material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the
Town of Mamaroneck. The contractor/permitted is to provide the Town of Mamaroneck with a certificate of insurance,
evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the
Page 61 of 74
Town of Mamaroneck object to the contents of the certificate or absence of same shall not be deemed a waiver of any and all
rights held by the Town of Mamaroneck.
Safety Provisions
The safety provisions of applicable laws, building and construction codes and the safety rules approved by the State Labor
Commissioner shall be observed.
The provisions of the Federal Occupational Safety and Health Administration's "Occupational Safety and Health Standards" and
"Safety and Health Regulations for Construction" shall be observed.
Should at any time during the work under this Contract any Local/State/Federal safety inspector visit the site for the purpose of a
safety inspection, the Contractor shall immediately notify Town representatives
Page 62 of 74
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
TO: Town Board
FROM:
DATE: May 19, 2021
SUBJECT: Salary Authorization - Section 8 Rental Assistance Program
ATTACHMENTS:
T-Z-71� •«;W
Page 63 of 74
ToNvn of Mamaroneck
Towii Cierite
740 West B,ost�on Post Roa(l, Mamaroiieck, NY 10543-3353
OFFICE OFTHE TOWN ADMINISTRATOR
TO: Nancy Seligson, Town Supervisor
Town Board Members
TEL: (914) 381-7812
FAX: (914) 381-7809
cgi-ecii(sdojiiiell(e,),Iowiiofiiiaiii,,ii�-oi-iccktiy.ot-g
FROM: Connie Green O'Donnell, Deputy Town Administrator
DATE: May 12, 2021
SUBJECT: Authorization to Appoint a Staff Assistant — Section 8 Rental Assistance Program
Authorization is requested to appoint Lovell Collins provisionally to the position of Staff
Assistant — Section 8 Rental Assistance Program at an annual salary of $54,650, effective no
later than June 15, 2021. This position is vacant due to a resignation and is reflected in the
2021 budget.
Mr. Collins is currently employed by the City of Peekskill, where he works as a Program
Specialist in their Section 8 Department. Additionally, he has extensive experience with the
Housing Choice Voucher Program through his employment with the Municipal Housing
Authority for the City of Yonkers. According to Anna Danoy, Director of Community
Services, Mr. Collins presents himself professionally and is familiar with the software
program used by our Community Services department, which is essential to certifying
tenants.
If approved, Mr. Collins will be classified as a provisional employee and will be required to
take a Civil Service test for that position when offered by Westchester County's Department
of Human Resources. In order for him to be appointed to the position, Mr. Collins will need
to attain a score equal to or higher than the third highest ranking eligible on the list willing
to accept the position.
ACTION REQUESTED: That the Town Board approve the provisional appointment of Lovell
Collins as Staff Assistant — Section 8 Rental Assistance Program at an annual salary of
$54,650, effective no later than June 15, 2021.
Page 64 of 74
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
TO: Town Board
FROM:
May 19, 2021
SUBJECT: 2021 Capital Budget Amendments
ATTACHMENTS:
Page 65 of 74
Office of the Comptroller
Memorandum
To: Town Board Members
From: Tracy Yogman, Town Comptroller
Date: May 19, 2021
Re: 2021 Capital Budget Amendments
TEL: 914/381-7850
FAX: 914/381-7809
towncomptroller c)townofmamaroneck.org
The capital project budget has been reviewed and the following budget amendments are
recommended to amend the 2021 capital projects as follows:
1. Wholesale Customer Meter Vault #1/#2 (Proiect 1366.12/1367.12)
The cost for the Wholesale Customer Meter Vault #1 was slightly higher than the original
estimate and correspondingly the cost for Vault #2 is lower. A budget transfer of $6,888
between the projects is recommended.
2. Garbage Truck Body (Proiect 2021.88)
The five year capital plan includes the purchase of a new garbage truck in 2022 in the
amount of $250k. The garbage truck that is being replaced is a 2002 Mack with 86,000
miles on it. These trucks are very dependable and they have good engines and
transmissions. A new truck will take eighteen months to deliver. The dealer currently has
a new Neway Magnum truck body in stock to refurbish our Mack truck within two
months at an estimated cost of $100k. This purchase will be made using the Sourcewell
Contract and will not require a bid. The planned purchase of a new truck in 2022 can then
be deferred to 2023 or 2024. We will bond for this purchase as interest rates are very
low and a budget amendment is recommended below. Debt service will begin in 2022.
3. Rve Lake UV Facility (Proiect 1352.12)
An EFC grant of $3.2 million for the UV Facility reduces the estimated cost of this project
to $4.8 million. As a result, the Town's share has been decreased. A budget amendment
is recommended below to reflect the savings.
4. Senior Center Furniture (Proiect 2020.52)
Furniture for the senior center was purchased in 2020 with donated funds. A small budget
transfer to close the project out is recommended below.
Page 66 of 74
5. Zamboni (Proiect 2020.71)
The purchase of the Zamboni is slightly less than budgeted. A budget amendment is
recommended below to reflect the savings.
6. Ice Rink Dehumidification Equipment (Proiect 2021.71)
The price of the dehumidification equipment at the ice rink is slightly higher than
estimated. This purchase will be made from fund balance rather than a bond issuance. A
budget amendment is recommended below to reflect the additional cost and the funding
adjustment.
7. Ice Rink Doors (Proiect 2017.24)
The estimate for the ice rink doors is less than originally budgeted. In addition, fund
balance in the General Fund will be used for this purchase rather than a bond issuance.
A budget recommendation to reflect the pricing and funding adjustment is recommended
below.
8. Building Department Vehicle (Project 2014.21)
The purchase price of the Building Dept vehicle is less than originally budgeted. A fund
balance transfer from the General Fund will be used to make this purchase rather than a
bond issuance. A budget amendment to reflect the pricing and funding adjustment is
recommended below.
9. Weaver St Pump Station and Installation of PRV (Proiect 1378.12)
Modifications to the Weaver Street Pump Station and installation of PRV is needed to
facilitate the movement of water from North to South in the WJWW System, particularly
in emergencies that involve shutdown of shaft 22 transmission main. A budget
amendment from the Water District fund balance is recommended for this new project.
10. Rye Lake Filtration Plant (Proiect 1364.12)
This multi-year project has been delayed as a result of the pandemic. The annual funding
requirements have been adjusted to reflect the adjusted timeline. A budget amendment
to reduce the funding requirements in 2021 is recommended.
11. Highway Vehicles (Project 2020.06)
A review of outstanding balances of Highway vehicle purchases was completed and
available funding was utilized to reduce the bond issuance requirements. A budget
amendment to adjust the budgets and funding sources of the vehicles is recommended
below.
12. Garbage Truck Purchase (Proiect 2020.09)
The actual cost of the garbage truck recently ordered was less than budgeted by $13k. the
2021 capital plan included an additional $26k to fund the balance of the budget for this
purchase through the issuance of a bond. Only $13k is needed and fund balance can be
utilized. A budget amendment is recommended to reflect the savings and the funding
adjustment.
Page 67 of 74
REQUESTED ACTION: It is recommended that the Town Board approve the following 2021
capital budget amendments:
2021 CAPITAL BUDGET AMENDMENTS
Item # CAPITAL FUND (FUND H):
H.8340.0400.1352.12
Rye Lake UV Facility
1 Expense
H.8340.0400.1366.12
Wholesale Customer Meter Vault #1
Increase
Expense
H.8340.0400.1367.12
Wholesale Customer Meter Vault #2
Decrease
Revenue
H.0000.5995.1366.12
Appropriated Fund Balance- Vault #1
Increase
Revenue
H.0000.5995.1367.12
Appropriated Fund Balance- Vault #2
Decrease
2 Revenue H.0000.5710.2020.09
Expense H.8610.4022.2020.09
Expense H.8610.0400.2020.09
Serial Bonds- Sanitation Vehicle
Bond Costs- Sanitation Vehicles
Sanitation Vehicles
Increase
Increase
Increase
101,580.00
1,580.00
100,000.00
3 Expense
H.8340.0400.1352.12
Rye Lake UV Facility
Decrease
(586,000.00)
Revenue
H.0000.5710.1352.12
Serial Bonds- Rye Lake UV Facility
Decrease
(586,000.00)
4 Expense
H.6772.0400.2020.52
Senior Center Furniture
Decrease
(4.36)
Expense
H.9900.9901.2020.52
Transfer to General Fund
Increase
4.36
5 Expense H.7265.0400.2020.71 Zamboni Decrease
Revenue H.0000.5710.2020.71 Serial Bonds- Zamboni Decrease
M
7
Expense H.7265.0400.2021.71
Revenue H.0000.5710.2021.71
Expense H.7265.4022.2021.71
Revenue H.0000.5031.2021.71
Revenue H.0000.5710.2017.24
Expense H.7265.4022.2017.24
Revenue H.0000.5031.2017.24
Dehumidification equipment Increase
Serial Bonds-Dehumidifcation Decrease
Bond Costs- Dehumidifcation Decrease
Transfer from General Fund
Serial Bonds -Ice Rink Doors Decrease
Bond Costs- Ice Rink Doors Decrease
Transfer from General Fund- Ice rink Increase
Expense H.7265.4022.2017.24 Ice Rink Doors
Decrease
1,011.00
(31,301.00)
(301.00)
32,011.00
(47,456.00)
(456.00)
45,000.00
(2,000.00)
Page 68 of 74
2021 CAPITAL BUDGET AMENDMENTS
Item #
H.0000.5710.1364.12
8 Revenue
H.0000.5710.2014.21
Expense
H.3620.0400.2014.21
Expense
H.3620.4022.2014.21
Revenue
H.0000.5032.2014.21
Serial Bonds- Dept Vehicle
Building Department Vehicle
Bond Costs- Building Dept Vehicle
Transfer from Part Town
9 Revenue H.0000.5038.1378.12 Transfer from Water
Expense H.8340.0400.1378.12 Weaver Street Pump Station
Decrease
Decrease
Decrease
Increase
Increase
Increase
Amount
(30,407.00)
(2,000.00)
(407.00)
28,000.00
46,500.00
46,500.00
10 Revenue
H.0000.5710.1364.12
Serial Bonds- Rye Lake Filtration Plant
Decrease
(962,245.00)
Expense
H.8340.0400.1364.12
Rye Lake Filtration Plant
Decrease
(961,000.00)
Expense
H. 8340.4022.1364.12
Bond Costs- Rye Lake Filtration Plant
Decrease
(1,245.00)
11 Expense
H.5110.0400.2020.06
Highway Vehicles- Utility Trailer
Decrease
(20,000.00)
Revenue
H.0000.5033.2020.06
Transfer from Highway -Utility Trailer
Decrease
(20,000.00)
Revenue
H.0000.5710.2020.06
Serial Bonds -Ride on mower
Decrease
(20,000.00)
Revenue
H.0000.5033.2020.06
Transfer from Highway -Ride on mower
Increase
201000.00
Expense
H.5110.0400.2020.06
Highway Vehicles- Skid Steer Loader
Decrease
(10,000.00)
Revenue
H.0000.5710.2020.06
Serial Bonds -Skid Steer Loader
Decrease
(10,000.00)
Expense
H. 5110.0400.2019.06
Highway Vehicles
Decrease
(25,000.00)
Revenue
H.0000.5995.2019.06
Appropriated Fund Balance
Decrease
(25,000.00)
Revenue
H.0000.5995.2020.06
Appropriated Fund Balance- Mower
Increase
25,000.00
Revenue
H.0000.5710.2020.06
Serial Bonds -Ride on mower
Decrease
(20,000.00)
Expense
H.5110.0400.2020.06
Highway Vehicles- Mower
Increase
5,000.00
Expense
H. 5110.0400.2019.06
Highway Vehicles
Decrease
(14,100.00)
Revenue
H.0000.5995.2019.06
Appropriated Fund Balance
Decrease
(14,100.00)
Revenue
H.0000.5995.2020.06
Appropriated Fund Balance- Parks truck
Increase
14,100.00
Expense
H.5110.0400.2020.06
Highway Vehicles -Parks truck
Increase
7,100.00
Revenue
H.0000.5710.2020.06
Serial Bonds -Parks truck
Decrease
(7,000.00)
Page 69 of 74
2021 CAPITAL BUDGET AMENDMENTS
Item #
11 Expense H.5110.0400.2020.06
Revenue H.0000.5995.2020.06
Revenue H.0000.5995.2020.06
Revenue H.0000.5710.2020.06
Expense H.5110.0400.2019.06
Revenue H.0000.5995.2019.06
Expense H.5110.0400.2020.06
Revenue H.0000.5995.2020.06
Highway Vehicles -10 wheel dump truck
Appropriated Fund Balance
Appropriated Fund Balance- Parks truck
Serial Bonds- Parks truck
Highway Vehicles
Appropriated Fund Balance
Highway Vehicles -1 ton dump truck
Appropriated Fund Balance
12 Revenue H.0000.5035.2020.09 Transfer from Garbage District
Revenue H.0000.5710.2020.09 Serial Bonds- Garbage Truck
Expense H.8160.0400.2020.09 Garbage Truck
Expense H.8160.4022.2020.09 Bond Costs -Garbage Truck
GENERAL FUND (FUND A)
6 Revenue A.0000.5995
Expense A.9900.9950
7 Revenue A.0000.5995
Expense A.9900.9950
4 Revenue A.0000.5995
Revenue A.0000.5040
Appropriated Fund Balance
Transfer to Capital Budget -Dehumidification
Appropriated Fund Balance
Transfer to Capital Budget -Ice Rink Doors
Decrease
Decrease
Increase
Decrease
Decrease
Decrease
Increase
Increase
Increase
Decrease
Decrease
Decrease
Amount
(25,000.00)
(25,000.00)
25,000.00
(25,000.00)
(2,500.00)
(2,500.00)
2,500.00
2,500.00
13,000.00
(26, 252.00)
(13,000.00)
(252.00)
Increase
321011.00
Increase
32,011.00
Increase
45,000.00
Increase
45,000.00
Appropriated Fund Balance Decrease (4.36)
Transfer from Capital- Project 2020.52 closeout Decrease (4.36)
PART TOWN FUND (FUND B)
8 Revenue B.0000.5995
Appropriated Fund Balance
Increase
28,000.00
Expense B.9900.9950
Transfer to Capital Budget-Buidling Dept Vehicle
Increase
28,000.00
WATER DISTRICT FUND (FUND
SW)
9 Revenue SW.0000.5995
Appropriated Fund Balance
Increase
46,500.00
Expense SW.9900.9950
Transfer to Capital Budget -Weaver St Pump St
Increase
46,500.00
12 GARBAGE DISTRICT (SR)
Expense SR.9900.9950
Transfer to Capital Budget
Increase
13,000.00
Revenue SR.0000.5995
Appropriated Fund Balance
Increase
13,000.00
Page 70 of 74
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck NY 10543-3353
TO: Town Board
FROM:
May 19, 2021
SUBJECT: 2021 Operating BudgetAmendments
ATTACHMENTS:
1relip-mwii1ililli ' 1
Page 71 of 74
To: Town Board Members
From: Tracy Yogman, Town Comptroller
Date: May 19, 2021
Re: 2021 Operating Budget Amendments
In compliance with the Budget Policy the following 2021 budget amendments are
recommended for approval as they increase appropriations.
1. Transfers to Capital —General Fund
The pool renovation was deferred in 2021 and a reduction of the capital budget
transfer was made. However the transfer never occurred so the budget transfer must
be restored in the General Fund. In addition, a budget transfer for the meadow
mowing at the Hommocks Conservation area was not needed in 2020 but was
completed in 2021. A budget amendment to reflect these capital transfers is
recommended below.
2. Memorial Park PlayLround —Part Town Fund
The 2021 capital budget included a transfer from the Part Town fund balance that
was made in 2020 to fund the design services. As a result, a budget amendment to
reduce the capital transfers is recommended below to reflect the savings in the 2021
operating budget.
3. Sian Shop
The original repair estimate for the sign shop capital project included a transfer for
certain upgrades that were not going to be covered by the insurance reimbursement.
The transfer was not made in 2020 and must be appropriated in the 2021 operating
budget. A budget amendment in the Highway Fund for the capital transfer is
recommended below.
4. Larchmont Mamaroneck Joint Commission Garbage Commission
The Town's share of the Larchmont Mamaroneck Joint Garbage Commission
expenses was increased based on the adjusted tonnage ratios of 41.2% Village/58.8%
Town. As a result, a budget amendment is necessary to provide the additional 5%
increase.
Page 72 of 74
5. Sewer District Vehicle Repair
The sewer truck that is used to clean sewers and backups is a specialty truck. A major
repair was needed that was not budgeted. The repair is expected to extend the life of
the truck for a few more years. A budget amendment is recommended to fund the
repair.
6. Wined Foot Sewer Tax Refund
The Town Board approved a refund of sewer rent charges for 2015-2018 for Winged
Foot. The exemption was granted for specific areas that do not discharge water into
the public sanitary sewer. A budget amendment is recommended below to fund this
refund.
7. Traffic Study
A contract has been awarded for a traffic study of two intersections (N. Chatsworth
Ave/Myrtle and New Jefferson St/N Chatsworth Ave). A budget transfer is
recommended below to fund the study.
8. New Residential Construction Review
A contract has been awarded to identify and implement strategies to address new
residential construction in the Town. A budget transfer is recommended to fund this
initiative.
9. Ice Rink Chiller Repair/Rental
The water storage tank that is used to fill the Zamboni failed and required
replacement. A budget transfer from contingency is recommended below to fund the
purchase.
10. Housiniz Choice Voucher Proizram (Rent Subsidy)
The annual estimate of federal funds and the corresponding budget for rent subsidy
payments to landlords was not included in the original budget amendment to transfer
the accounting to the Town's accounting system. A budget amendment is provided
to reflect both the anticipated revenue and the expense, with no budget impact.
11. Town Clerk Position
The 2021 adopted budget included funding for a Deputy Town Clerk on a permanent
part time basis. A budget amendment is recommended below to increase the funding
to a full-time position.
Page 73 of 74
Page 74 of 74
2021 OPERATING BUDGET AMENDMENTS
GENERAL TOWN WIDE FUND
(FUND A):
Amount
1
Expense
A.9900.9950
Transfer to Capital- Pool
Increase
$ 40,000
Expense
A.9900.9950
Transfer to Capital- Meadow
Increase
9,000
Revenue
A.0000.5995
Appropriated Fund Balance
Increase
49,000
9
Expense
A.7265.2104
Building Equipment- Ice Rink
Increase
6,600
Expense
A.1900.4050
Contingency
Decrease
(6,600)
11
Expense
A.1410.1010
Salaries- Town Clerk
Increase
12,600
Revenue
A.0000.5995
Appropriated Fund Balance
Increase
12,600
PART TOWN FUND (FUND B):
2
Expense
B.9900.9950
Transfer to Capital- Memorial Playground
Decrease
(75,000)
Revenue
B.0000.5995
Appropriated Fund Balance
Decrease
(75,000)
7
Expense
B.3310.4035
Traffic -Consulting
Increase
7,200
Expense
B.1900.4050
Contingency
Decrease
(7,200)
8
Expense
B.8020.4035
Planning -Consulting
Increase
28,000
Expense
B.1900.4050
Contingency
Decrease
28,000
HIGHWAY (FUND DB):
3
Expense
DB.9900.9950
Transfer to Capital -Highway
Increase
30,000
Revenue
DB.0000.5995
Appropriated Fund Balance
Increase
30,000
5
Expense
DB.5130.4243
Highway -Outside Services
Increase
13,339
Revenue
DB.0000.2809
Vehicle Maint Revenue from Sewer Dsitrict
Increase
13,339
GARBAGE DISTRICT (FUND SR)
4
Expense
SR.8160.4251
Joint Commission Expenses
Increase
104,094
Revenue
SR.0000.5995
Appropriated Fund Balance
Increase
104,094
SEWER DISTRICT (FUND SS)
5
Expense
SS.8120.4029
Vehicle Repairs
Increase
13,339
Revenue
SS.0000.5995
Appropriated Fund Balance
Increase
13,339
6
Expense
SS.8120.4052
Tax certs/refunds
Increase
32,484
Revenue
SS.0000.5995
Appropriated Fund Balance
Increase
32,484
RENT SUBSIDY FUND (FUND CD)
10
Revenue
CD.0000.4789
Federal (HUD) Funding -Rent Subsidy
Increase
7,870,000
Expense
CD.8610.4271
Rent Expense -Housing Choice
Increase
7,870,000
Page 74 of 74