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HomeMy WebLinkAbout2021_10_20 Town Board Meeting Packet7., FOUNDED 1661 TOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, October 20, 2021 5:OOPM THE TOWN BOARD WORK SESSION: The Work Session will convene in Conference Room C located on the ground floor at the Town Center. 1. Quarterly Update and Climate Emergency Declaration - Sustainability Collaborative 2. Review - Proposed Amendment to the Law on Central Air Conditioning Units 3. Discussion - Paperless Agenda Packets 4. Review - Humane Society Agreement 5. Update - Sanitation Commission 6. Discussion - Barton and Loguidice Supplemental Agreements #1 and #2 7. Discussion - 2022 Budget Dates and Times 8. Discussion - Tax Cap Override 9. Discussion - LMC Update 10. Discussion - Title Search for Pryer Manor Road 8:OOPM TOWN BOARD REGULAR MEETING: The Town Board meeting will convene in the Courtroom located on the second floor at the Town Center. The public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org. 411 a =1 ftVA 6*s7:Ym N =1 as] Z41 PUBLIC HEARING 1. Marihuana Regulations and Taxation CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. New Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Set Public Hearing - Tax Cap Override 2. Appointment - Town Administrator as Budget Officer 3. Salary Authorization - Laborer, Highway Department 4. Authorization - Contract TA - 21 - 11 - Professional Auditing Services Agreements .F1ifTnT- W-1wrom Page 1 of 103 b. Town of Mamaroneck - Housing Choice Voucher Fund c. Town of Mamaroneck - Justice Court 5. Authorization - Waiver of Permit Renewal Fees 6 Authorization - Barton and Loguidice Supplemental Agreement #1 for New Jefferson Street at North Chatsworth Avenue 7 Authorization - Barton and Loguidice Supplemental Agreement #2 for Myrtle Blvd. and North Chatsworth Avenue 8. Authorization - Humane Society Agreement REPORT OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETING -Wednesday, November 3, 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 103 2021.0930 TO: TOWN OF MAMARONECK BOARD FROM: TOWN OF MAMARONECK SUSTAINABILITY COLLABORATIVE RE: CLIMATE EMERGENCY DECLARATION, DRAFT Dear Supervisor Seligson and Town of Mamaroneck Board Members: The Sustainability Collaborative is pleased to submit, for the Board's immediate review, a Draft for a Town o Mamaroneck Climate Emergency Declaration. Recent storms Henri and Ida have made it clear that the adverse impacts of climate change are hitting right here where we live. Flooding Damage, Extreme Heat Health Risks, frequent Power Outages, loss of the Town's Tree Cover and overloading of our Sewer Infrastructure are eroding the Quality of Life that we all cherish. Passing a Climate Emergency Declaration will have practical benefits for the Town and its residents. It will communicate to our residents and town staff that we must look at everything we are doing from a new perspective, re-evaluating each aspect of our personal and municipal activities with an eye toward strengthening community resilience and limiting climate change's local impacts. The Climate Emergency Declaration will help the Town focus on detailed plans for meeting New York State's climate goals. And a Climate Emergency Declaration may qualify the Town to receive additional funding for our action plans and to qualify for new grants from county, regional or state agencies. The ToM Climate Emergency Declaration Draft is based on New Rochelle's Climate Emergency Declaration, passed in May of this year. In large part, we have substituted "Town of Mamaroneck" for "City of New Rochelle" "Town Administrator" for "City Manager", and added references to the Town's Sustainability Coordinator and Racial Equity Task Force, which New Rochelle did not yet have. We have included the New Rochelle Declaration for your reference. The Collaborative hopes that Board members can find some time to review of the Draft Declaration; we look forward to discussing this with you at the Board Work Session on October 20. Sincerely, Town of Mamaroneck Sustainability Collaborative Karen Khor Judith Caputo Michele Lewis Kevin Crowe Steve Moser Denise Dunn Arlene Novich Marc Karell Frank Owens Mark Kramer Beth Radow Mark Manley George Roniger Elizabeth Poyet June Wallach Nick Zuba Mitch Green, Chair Page 3 of 103 TOWN OF MAMARONECK LEGISLATION RESOLUTION DECLARING CLIMATE EMERGENCY. WHEREAS, on April 22, 2016, 174 countries and the European Union signed the Paris Climate Agreement, recognizing the threat of climate change and agreeing to pursue efforts to limit the global temperature increase to 1.5 degrees Celsius: and WHEREAS, on October 8, 2018 the United Nations International Panel on Climate Change (IPCC) projected that limiting the global temperature increase to 1.5 degrees Celsius will require unprecedented transitions in all aspects of society over the next 12 years: and WHEREAS, over 700 governmental jurisdictions across the world have recently declared or officially acknowledged the existence of a global climate emergency: and WHEREAS, the impacts and risks of the climate crisis include increased and intensifying extreme weather events; and WHEREAS, NASA's Goddard Institute for Space Studies reported global temperatures in 2018 were 0.83 degrees Celsius warmer than the average temperature between 1951 and 1980, and the past five years are collectively the warmest in modem history; and WHEREAS. on June 24. 2019 more than 70 health organizations including the American Medical Association and the American Public Health Association declared climate change to be a health emergency and issued a call to action for government. business. and civil society leaders to recognize climate change as a health emergency: and WHEREAS. the COVID-19 global pandemic has both highlighted and exacerbated existing health inequalities that have resulted from climate change, such as neighborhoods with poorer air quality being disproportionately affected by the disease; and WHEREAS, marginalized and frontline populations in Town of Mamaroneck and worldwide, including people of color, immigrants, Indigenous communities, low-income individuals, people with disabilities, outdoor laborers, and the unhoused, especially women and children, are already disproportionately affected by the effects of climate change, and will continue to bear an excess burden as temperatures increase, and disasters worsen; and WHEREAS, the Town recognizes the local adverse impacts of climate change, most recently from the widespread, large-scale and costly damages due to Hurricanes Henri and Ida, and the need for local action on Flood Damage Prevention; Extreme Heat Health Risk Reduction; Air Quality Restoration; Greenhouse Gas Emissions Reduction; Energy Cost Reduction and Clean Emergency Power Production; Sewer System Ground Water Infiltration Control; Waste Management Emissions and Cost Reduction; Residential Insurance Affordability Protection and Community Emergency Preparedness; and WHEREAS, a sweeping transition to clean energy systems that centers on equity and justice in their solutions is vital to our future and must include the expansion of clean and renewable power sources; residential and industrial building upgrades for state -of -the art energy efficiency. comfort and safety; investments in community resilience; investments in local -scale agriculture; improvement in critical transportation. water and other infrastructure. and WHEREAS, a just and equitable transition requires that frontline and marginalized communities, which have historically borne the brunt of the extractive fossil -fuel economy. participate actively in the planning and implementation of this mobilization effort and that they benefit first from the transition to a climate -safe economy: and WHEREAS. a fair shift away from a dependency on fossil fuels to an economy that is ecologically sustainable, equitable and just for all its members will support local businesses and prepare frontline communities for meaningful, family -supporting work in the carbon -free economy; and WHEREAS, the massive scope and scale of action necessary to stabilize the climate and biosphere will require unprecedented levels of public awareness, engagement and deliberation to develop and implement effective, just, and equitable policies to address the climate emergency; and WHEREAS, on July 18, 2019, Governor Andrew M. Cuomo signed into law the Climate Leadership and Community Protection Act (Climate Act). New York State's Climate Act is the among the most ambitious climate laws in the world and requires New York to reduce economy- wide greenhouse gas emissions 40 percent by 2030 and no less than 85 percent by 2050 from 1990 levels; achieve 100% zero -emission electricity by 2040 and statewide carbon neutrality by 2050; and WHEREAS, the Climate Act requires that equity and justice be at the forefront of the State's just transition, and requires that a goal of 40% of all climate investments. and no less than 35% of all climate investments, benefit the State's disadvantaged communities; and WHEREAS, the Town of Mamaroneck embraces the mandates of the Climate Act and has been at the forefront of sustainability and environmental policy and can be a leader in emergency climate action by building a climate -resilient and adaptive town for all residents; and WHEREAS, in 2014 the Town of Mamaroneck Town Board adopted The Plan for a Resilient and Sustainable Mamaroneck (Sustainability Plan) that sets out near-term, mid-term and long-term goals toward achieving critical objectives; and WHEREAS, the Town of Mamaroneck Town Board created an advisory committee to advance the goals, evaluation and update of the Sustainability Plan and increase public participation in climate and energy programs, the Town of Mamaroneck Sustainability Collaborative (Sustainability Collaborative); and WHEREAS, Town of Mamaroneck's ongoing Quality of Life enhancement and economic development is fully consistent with and supportive of a climate action strategy that reduces car - dependency, expands mobility options, and cuts energy requirements for the heating and cooling of dwelling units: and WHEREAS, Town of Mamaroneck was among the initial participants in Westchester Power, a community choice aggregation program, spearheaded by Sustainable Westchester, that provides green energy to local electricity consumers; and WHEREAS, the Town of Mamaroneck has been a consistent leader in sustainable initiatives, including adoption of the NYS Unified Solar Permit, purchasing 100% renewal electricity, adopting the NYStretch Energy Code, tracking and reporting the energy use of municipal buildings, completing a Community Solar Community Campaign, building a 500 kW solar farm atop the Town's Hommocks Ice Rink, completing a GridRewards Demand Response Community Campaign, becoming a Bike - Friendly Community, qualifying as a Climate Smart Community and a Clean Energy Community, and WHEREAS, Town of Mamaroneck's capital budgets include new investments in natural resources, including Preservation, Restoration and Expansion of the Town's Tree Canopy, enhancement of local parks, open spaces. and water bodies; and WHEREAS, the Town of Mamaroneck Town Board created the position of Sustainability Coordinator to work with the Town Board and the Sustainability Collaborative to oversee a community -wide mobilization effort, implement and monitor Town of Mamaroneck climate and environmental programs including the evaluation of the existing Sustainability Plan, assist in coordinating sustainability initiatives with other municipal departments and partner organizations. and update the actions and strategies necessary to implement climate emergency response, including climate mitigation, resilience, adaptation, engagement, education, advocacy, and research and development programs; and WHEREAS, climate justice calls for climate resilience planning that addresses the specific experiences, vulnerabilities, and needs of marginalized communities within the Town of Mamaroneck, who must be included and supported in actively engaging in climate resilience planning, policy, and actions; and WHEREAS, building a climate -resilient and adaptive society will have a positive impact on the health and wellbeing of residents, and will offer protections from the adverse potential consequences of climate change to Town of Mamaroneck's ecosystems and economies; now therefore, be it RESOLVED by the Town Board of the Town of Mamaroneck, that the Town of Mamaroneck Town Board declares a climate emergency and calls for an immediate emergency mobilization to restore a safe climate; and be it further RESOLVED, the Town of Mamaroneck recognizes this global and national challenge and sees opportunity for local action to address the climate emergency, while also promoting equity, opportunity, and justice for all residents, businesses, and workers in our community; and be it further RESOLVED, the Town of Mamaroneck commits to keeping the concerns of frontline and marginalized communities central to all sustainability program planning processes and to inviting and encouraging such communities to actively participate in the development and implementation of all climate mobilization efforts; and be it further RESOLVED, that the Town Administrator or designee is directed to determine an accountability and regular reporting structure to the Town Board on the Sustainability Plan and overarching climate change goals and mobilization efforts. The Town Administrator is also directed to provide clarity on leadership responsibilities for climate change goals within the Town Administration organizational structure; identify proposed budget items that might have a significant contribution to greenhouse gas emissions: and identify areas where additional resources could make new or existing greenhouse gas emissions reduction efforts more successful; and be it further RESOLVED, that the Town Administrator or designee is directed to include climate change response and community resilience in the goals, objectives and tasks of the Town's existing Racial Equity Force. The Racial Equity Task Force will engage frontline community members and advocates, promote interdepartmental coordination and make recommendations on how to address the ongoing climate crisis, ensure Town of Mamaroneck meets the obligations set forth in the Climate Act. Sustainability Plan and other climate goals in ways that mitigate racial and economic inequity through the creation of local "green" jobs, urban agriculture, green infrastructure and other projects; and be it further RESOLVED, as part of the Sustainability Collaborative's upcoming update to the Sustainability Plan, the Town Administrator or designee is directed to work with the Sustainability Collaborative to provide options for more aggressive interim targets to accelerate the reduction pathway to achieve the goals outlined in New York State's Climate Act; consider a range of high - impact clean energy actions, to include but not be limited to: converting Town Park maintenance equipment to 100% renewable electric power, expanding the Town fleet of electric vehicles, converting Town gas- or diesel -powered emergency generators to solar power with back-up batteries, maximize solar panel installations at Town facilities, including solar canopies at Town parking lots; and be it further RESOLVED, that the Town Administrator or designee shall submit to the Town Board recommendations for a comprehensive communications plan and community awareness campaign that will help the Town meet its climate change goals and implement the Sustainability Plan. The community awareness campaign plan should identify all resources, budget, and schedule necessary for successful implementation; and be it further RESOLVED, that the Town Administrator or designee is directed to incorporate climate resilience policies during any updates to the Town Zoning Plan, Town Highway Maintenance Plan, Town Comprehensive Plan (to ensure climate change and resiliency efforts are strong, effective, and aligned). The Town Administrator is also directed to examine existing Town plans to identify those that may be outdated; and be it further RESOLVED, that the Town Administrator or designee is directed to identify innovative policy approaches to address the climate crisis's causes as well as mitigation strategies, including the promotion of natural systems, green infrastructure, and carbon sequestration; public cooling spaces to combat heat waves; and updated information about the heat island effects in Town of Mamaroneck and strategies to mitigate this effect; and be it further RESOLVED, that the Town Administrator or designee is directed to develop and implement a Green Infrastructure Initiative Program. The Town Administrator is directed to identify strategies to reverse declines in the Town's existing tree canopy and create a community -wide, public-private program to eliminate unjustified tree removals, implement a "value for value" tree replacement policy, plant new large deciduous shade trees along Town roads and in parks to combat extreme heat health risks and expand new tree planting to at least 200 trees per year: and be it further RESOLVED, that the Town Board, Administrator and Counsel will revise, before the end of FY2022, the policies, procedures, Town Laws and Regulations related to the Town's Planning Board, Zoning Board of Appeals, Building Department, Engineering Department, Conservation Department, Board of Architectural Review, Coastal Zone Commission, Traffic Commission and Highway Department to prioritize actions which help meet its climate change goals, and be it further RESOLVED, that the Town Administrator or designee is directed to promote inter- departmental coordination to ensure that existing emergency management plans offer an aligned approach to the threats of the climate crisis and natural hazards and to identify where planning gaps may exist; and be it further RESOLVED, that the Town Administrator or designee is directed to identify strategies for ensuring that Emergency Preparedness, and the provision of shelter and other life-sustaining essentials to low -to -moderate income residents in the event of a significant disruption or dislocation caused by climate emergencies; and be it further RESOLVED, that the Town Administrator or designee is directed to collaborate with the County Office of Emergency Management and participate in the development of a County -wide Comprehensive Emergency Management Plan; and be it further RESOLVED, that the Town Administrator or designee is directed to present to Town Board a plan for implementation of this resolution at the time of submission of the FY2022 Budget, with a timetable and associated costs in connection therewith. M. E. M. O. R. A. N. D. U. M. To: Town Supervisor, Nancy Seligson and Members of the Town Board cc: Town Administrator, Meredith Robson Town Attorney, William Maker, Jr. Planning Board Chair, Ralph Engel, and Members of the Planning Board Town Building Inspector, Richard Polcari Town Engineer, Rob Wasp From: Counsel to the Planning Board, Lisa Hochman Date: September 28, 2021 Re: Proposed Amendment of Section 240-59 of the Town Code On behalf of the Town of Mamaroneck Planning Board, this memo provides comments on the proposed amendment to Section 240-59 of the Town Code with respect to central air conditioning units, which was referred to the Planning Board via a memo from the Town Attorney dated August 20, 2021. Such referral was discussed at the subsequent regularly scheduled meeting of the Planning Board on September 8, 2021. Pursuant to Section 240-92(B) of the Town Code, the Planning Board is required to issue to the Town Board a report and recommendation within 45 days of the date of the referral, or October 4, 2021. The next regularly scheduled meeting of the Planning Board is October 14, 2021. This memo reflects the discussion among Planning Board members at the September 8, 2021 Planning Board meeting and also incorporates communication between individual Planning Board members and counsel to the Planning Board, as clarified by follow up discussions between counsel to the Planning Board with the Town Building Inspector and Town Attorney. Because this memo was prepared by counsel to the Planning Board after the September 8th Planning Board meeting, and Section 240-92(B) of the Town Code requires the Planning Board's report and recommendation no later than October 4`h, this memo has not been approved or otherwise acted upon by the Planning Board. As you know, any action by the Planning Board must take place at a duly convened meeting, in conformance with the Open Meetings Law. Therefore, this memo merely represents the best efforts of the Planning Board's counsel to reflect the views of Planning Board members with respect to the proposed local law. Three issues and recommendations are presented below. #1: Purpose of the Local Law: It is understood that the proposed law is intended to conform Section 240-59 to the New York State Building Code which requires a building permit any time a homeowner replaces an air conditioning unit. Currently, Section 240-59.13 and 240.59.0 of the Town Code carve out exceptions to the building permit requirement and the proposed amendment is to reduce these exceptions in conformance with the New York State Building Code. It is also understood that the proposed amendment has nothing to do with NYStretch Energy Code 2020 or energy efficiency. Recommendation #1: Section 1 of the proposed local law should clearly state which section of the NYS Building Code is dictating this amendment. #2: Definitions: The Planning Board notes that the proposed amendment does not propose any changes to the definitions contained in 240-59.A. For ease of reference, a tracked changes restatement of the law is below to indicate what the Town Attorney proposes to change and what is proposed to remain the 1 Page 13 of 103 same. Highlighted text is what the Town Attorney has proposed to replace existing text. Existing text proposed to be deleted appears in the margin. 240-59. Central air-conditioning units. A. For the purposes of this section and for no other purpose, the following terms are defined as follows: AREA - The square footage of the horizontal plane on which a central air-conditioning unit or its pad is situated. CENTRAL AIR-CONDITIONING UNIT - Any mechanical device that is designed to regulate the temperature within more than one room of a building and either is situated on the ground or on a pad which is situated on the ground. EXISTING CENTRAL AIR-CONDITIONING UNIT - Any central air-conditioning unit that existed on September 1, 2001. PAD - Any artificial surface on which a central air-conditioning unit is situated. REPLACEMENT UNIT - Any central air-conditioning unit that replaces either: MAn existing central air-conditioning unit; or (aA central air-conditioning unit that was situated at the same location as an existing central air- conditioning unit. B. An existing central air-conditioning unit shall not be required to meet the current zoning requirements unless such unit is moved from where it was located on September 1, 2001. C. Installation of new central air-conditioning units, replacement units and any existing central air- conditioning unit that is moved from the place where it was located on September 1, 2001 shall require a building permit and a letter of completion from the Building Inspector or the Director of Code Enforcement and Land Use. Planning Board members do not understand why the definition of central air-conditioning unit applies only to units "situated on the ground or on a pad which is situated on the ground," especially because an elevated piece of heavy equipment could be dangerous if not properly installed. Planning Board members noted that the definition of central air-conditioning unit is flawed because split units are common to enable one or more rooms or areas to be cooled, and/or heated, from one single condenser outside the building, and it is entirely arbitrary as to whether the home owner utilizes the single condenser to cool one room/area or more than one room/area. The distinction the law makes, while understandably trying to capture the concept of a "central" air conditioning unit, nevertheless is inappropriate given the prevalence of split units these days. According to the Town Building Inspector, the relevant term in the New York State Building Code is "air-conditioning system," which is defined as "a system that consists of heat exchangers, blowers, filters, supply, exhaust and return -air systems, and shall include any apparatus installed in connection therewith." However, with the advent of split units, an "air conditioning system" may no longer include more than one heat exchanger, blower, filter, supply, exhaust and return -air system (all these terms are plural in the New York State definition, and the definition uses the conjunction "and" instead of "and/or", so that a system which has only one, rather than more than one, of any of these would not necessarily be covered by the NYS definition), and it may not include an exhaust and/or a return -air system at all. Also, many modern systems are air conditioning systems but are also heat pumps or even geothermal units, and such a system may "consist of more than the items mentioned in the New York State definition. Recommendation #2: The definition of central air-conditioning unit in 240-59.A should be revised to substantially conform to the applicable definition in the New York State Building Code, but with language modified as suggested above. For example, the Town Code definition of "air conditioning system" might read:" "a system, other than a window, through -the -wall or portable unit, that 2 Page 14 of 103 includes one or more heat exchangers, blowers, filters, supply, exhaust and/or return systems, and shall include all apparatus installed in connection therewith. #3: Noise: Planning Board members noted that noise pollution is an environmental concern that impacts occupants of the house as well as neighbors, and should be addressed in the proposed amendment. Recommendation #3: Consider including provisions to minimize noise from external air- conditioning units. 1�:" 3 Page 15 of 103 Town of Mamaroneck, NY Friday, October 15, 2021 Chapter 240. Zoning Article VIII. Supplementary Regulations § 240-59. Central air-conditioning units. [Added 12-5-2001 by L.L. No. 8-2001] A. For the purposes of this section and for no other purpose, the following terms are defined as follows: AREA The square footage of the horizontal plane on which a central air-conditioning unit or its pad is situated. CENTRAL AIR-CONDITIONING UNIT Any mechanical device that is designed to regulate the temperature within more than one room of a building and either is situated on the ground or on a pad which is situated on the ground. EXISTING CENTRAL AIR-CONDITIONING UNIT Any central air-conditioning unit that existed on September 1, 2001. PAD Any artificial surface on which a central air-conditioning unit is situated. REPLACEMENT UNIT Any central air-conditioning unit that replaces either: (1) An existing central air-conditioning unit; or (2) A central air-conditioning unit that was situated at the same location as an existing central air-conditioning unit. B. Existing central air-conditioning units shall not require a building permit or a letter of completion from the Building Department unless such a unit is moved from where it was located on September 1, 2001. C. A replacement unit shall not require a building permit or a letter of completion from the Building Department if: (1) Such unit is not larger in cubic feet than the unit it replaces; and (2) Area. (a) If situated on the ground, such unit does not occupy an area that is greater than the area of the unit it replaces or the area of the pad on which that unit sat; or (b) If such unit is situated on a pad, the area of such pad is not greater than the area of the unit it replaces or the area of the pad on which that unit sat. Page 16 of 103 D. All other central air-conditioning units shall require a building permit and a letter of completion from the Building Department. Page 17 of 103 Local Law No. - 2021 This local law shall be known as the "Amendment to the Central Air Conditioning Units law" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1- Purpose: Technology surrounding temperature control systems has changed since section 240-59 of the Code of the Town of Mamaroneck was enacted. Today these systems can regulate the temperature in one room as opposed to entire zones within a structure. This improvement makes the current definition of a central air-conditioning unit as a system designed to regulate temperature in multiple rooms outdated. The Town Board determines that it is appropriate to update this section by changing the definition of the temperature control units to conform to current technology. In addition, Ssection 240-59 C etlie G -Rap of the 'I',....n of ,,..mar-,.... ', does not require a homeowner to obtain a building permit when replacing an existing central air- conditioning system even though the State Building Code requires there to be one. This local law amends section 240-59 to require a building permit for such work. Section 2 - Amendment of the title of a current section of the Mamaroneck Code: The title of section 240-59 of the Code of the Town of Mamaroneck is amended to read "Air - Conditioning Systems". Section 3 - Amendment of a current section of the Mamaroneck Code: Section 240-59 of the Code of Mamaroneck is repealed and the following is substituted in its place: A. For the purposes of this section and for no other purpose, the following terms are defined as follows: AREA The square footage of the horizontal plane on which an air-conditioning system or its pad is situated. CENTRAL AIR-CONDITIONING SYSTEM A system that consists of one or more heat exchanges, blowers, filters, supply, exhaust and return -air systems and any apparatus installed in connection therewith. EXISTING CENTRAL AIR-CONDITIONING SYSTEM Page 18 of 103 Any air-conditioning system that existed on September 1, 2001. PAD Any artificial surface on which an air-conditioning system is situated, including any support structure installed on such artificial surface that raises the height of such air-conditioning system. REPLACEMENT SYSTEM Any central air-conditioning system that replaces either: (1) An existing air-conditioning system. or (2) A central air-conditioning system that was situated at the same location as an existing central air-conditioning system B. An existing central air-conditioning mit system shall not be required to meet the current zoning requirements unless such uPAVAtem is moved from where it was located on September 1, 2001. C. Installation of new central air-conditioning ttaRss stems replacement mss stems and any existing central air-conditioning umk system that is moved from the place where it was located on September 1, 2001 shall require a building permit and a letter of completion from the Building Inspector or the Director of Code Enforcement and Land Use. Section 34 — Repeal of a current section of the Mamaroneck Code: Sections 240-59 D. of the Code of the Town of Mamaroneck hereby is repealed and nothing is substituted in its place. Section 45 — 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 56 — Effective Date: This Local Law shall become effective upon filing with the Secretary of State. july " '^2- October 15 2L21 Page 19 of 103 Local Law No. - 2021 This local law shall be known as the "Amendment to the Central Air Conditioning Units law" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1— Purpose: Technology surrounding temperature control systems has changed since section 240-59 of the Code of the Town of Mamaroneck was enacted. Today these systems can regulate the temperature in one room as opposed to entire zones within a structure. This improvement makes the current definition of a central air-conditioning unit as a system designed to regulate temperature in multiple rooms outdated. The Town Board determines that it is appropriate to update this section by changing the definition of the temperature control units to conform to current technology. In addition, section 240-59 C does not require a homeowner to obtain a building permit when replacing an existing central air-conditioning system even though the State Building Code requires there to be one. This local law amends section 240-59 to require a building permit for such work. Section 2 — Amendment of the title of a current section of the Mamaroneck Code: The title of section 240-59 of the Code of the Town of Mamaroneck is amended to read "Air - Conditioning Systems". Section 3 — Amendment of a current section of the Mamaroneck Code: Section 240-59 of the Code of Mamaroneck is repealed and the following is substituted in its place: A. For the purposes of this section and for no other purpose, the following terms are defined as follows: AREA The square footage of the horizontal plane on which an air-conditioning system or its pad is situated. CENTRAL AIR-CONDITIONING SYSTEM A system that consists of one or more heat exchanges, blowers, filters, supply, exhaust and return -air systems and any apparatus installed in connection therewith. EXISTING CENTRAL AIR-CONDITIONING SYSTEM Page 20 of 103 Any air-conditioning system that existed on September 1, 2001. PAD Any artificial surface on which an air-conditioning system is situated, including any support structure installed on such artificial surface that raises the height of such air-conditioning system. REPLACEMENT SYSTEM Any central air-conditioning system that replaces either: (1) An existing air-conditioning system, or (2) A central air-conditioning system that was situated at the same location as an existing central air-conditioning system B. An existing central air-conditioning system shall not be required to meet the current zoning requirements unless such system is moved from where it was located on September 1, 2001. C. Installation of new central air-conditioning systems, replacement systems and any existing central air-conditioning system that is moved from the place where it was located on September 1, 2001 shall require a building permit and a letter of completion from the Building Inspector or the Director of Code Enforcement and Land Use. Section 4 — Repeal of a current section of the Mamaroneck Code: Sections 240-59 D. of the Code of the Town of Mamaroneck hereby is repealed and nothing is substituted in its place. Section 5 — 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 6 — Effective Date: This Local Law shall become effective upon filing with the Secretary of State. july 23,-2024 October 15.2021 Page 21 of 103 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7802 FAX: (914) 381-7809 MRobson@TownofMamaroneckNY. org To: Town Supervisor and Town Board Cc: Town Clerk, Town Attorney, Deputy Town Administrator, Assistant to the Town Administrator From: Meredith S. Robson, Town Administrator Re: Paperless Agendas Date: October 1, 2021 As mentioned previously, I am requesting that you consider utilizing an online agenda system that is available through CivicClerk. This system provides a paperless agenda process, while allowing for annotations, notes and comments that can be made directly on the online documents. This change would allow us to eliminate the staff time involved in copying and collating agendas for work sessions and regular Board meetings and the time involved in delivering the agenda packets to your home. The savings involved in this change based on current costs would be as follows: • $112.60 per year on paper costs assuming an average of 682 agenda pages for each packet • $1,471 per year on staff time preparing packets, assuming an average of 1.9 hours of overtime for each packet • $1,188 per year on police time to distribute packets based on one hour (not actually paid out, but there is a value assigned to the time) Though the total "cost" is only $1,583.60 based on current prices (not including the value of the police time), we would also save on printing an average of 15,004 sheets of paper per year! Potential costs include the cost of devices for any Board member who does not currently have a device, such as a tablet or laptop. An iPad for this use would be approximately $1,500, including a case and pen, and would be an as -needed expense. The cost of the module that allows for real time voting at the meeting is $3,633 per year, which would be offset by approximately 44% resulting from the savings generated by the elimination of paper costs and staff time. If we were to utilize this system, you would have access to the agenda as soon as it's available. You would also be able to vote online in real time, if we were to choose that module. Minutes are generated directly off the agenda, which reduces the time the Town Clerk would need to complete the minutes. I have personally used this type of software for many years and find it to be very user friendly. We would also be able to access past agendas and documents more easily. Therefore, I am recommending that the Board consider implementing the online agenda system. That said, if there is something you think you would like us to print for the meeting, or if you still want a paper copy, we would at least be reducing our printing to a large extent and allowing for online voting and more efficient minute preparation. Page 22 of 103 Meredith Robson From: Shyam Pandya Sent: Tuesday, September 28, 2021 4:35 PM To: Meredith Robson Subject: Here's the information about the live meeting manager Meeting Management Our Meeting Minutes Management software makes it easy to create, manage, and finalize your board meeting minutes before, during, or after meetings ends. 0 Recording andsireaming Live Meeting Manager IAdd Motion Apprare Svuntil YiFwsra Our cloud -based platform allows you to move quickly through your agenda items, recording official actions and discussion, all from a single -screen without having to wait for the system. Automated Minutes Setup Page 23 of 103 No manual pre -meeting minutes setup or agenda import is required, you can move from the meeting agenda to the Live Meeting Manager module with a single click. Integrated Post Meeting Actions Use integrated post -meeting actions to create follow-up action items enhancing visibility and improving staff accountability. Automatically push agenda items or legislation to upcoming meetings. Display Pages Keep meeting participants informed and engaged by displaying the current item,speaker, or vote results automatically to the citizens attending the meeting. Speaker Manager Add speakers to the discussion at any time during the live meeting. The built-in speaker timer helps keep proceedings running efficiently. Flexible Voting Minutes takers can record motions and votes instantly in Live Meeting Manager or initiate electronic voting when desired for individual agenda items or a group of items. Meeting Content Sharing During live meetings, the Board Portal integrates with Live Meeting Manager to allow officials to refer to their review notes and annotations, capture note, receive visual cues as the agenda progresses from item to item, see speaker information instantly, and enter electronic votes. Thank you, 2 Page 24 of 103 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7802 FAX: (914) 381-7809 MRobson@TownofMamaroneckNY.org To: Town Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Humane Society Agreement Date: October 20, 2021 As you will see in your packets, there is an agreement with the Humane Society of Westchester for the period November 1, 2017 through October 31, 2022. Town Supervisor Seligson and I met with several representatives of this organization recently to visit their new facility and review current operations and fees. During this meeting, the Humane Society President mentioned that the last New York State Department of Agriculture report referenced an unsigned agreement between the Town and the Humane Society. The agreement has been updated for signature and I can now sign if the Board authorizes me to do so. This action will eliminate the only defect found in the State's report of the Humane Society operation. Page 25 of 103 HUMANE SOCIETY OF WESTCHESTER DOG SHELTER SERVICES AGREEMENT This Agreement ("Agreement") is entered into this day of , between the Humane Society of Westchester (formerly known as the New Rochelle Humane Society), a domestic non-profit corporation with a principal place of business at 70 Portman Road in the City of New Rochelle, County of Westchester in the State of New York (the "Society"), the Town of Mamaroneck a municipal corporation in the County of Westchester in the State of New York (the "Town") and the Village of Larchmont, a municipal corporation in the County of Westchester in the State of New York (the Village). WHEREAS, the State of New York set forth certain laws related to the control of dogs in Article 7 of the New York Code, Agriculture and Markets Law, including any rules and regulations promulgated pursuant thereto as well as any revisions and amendments made thereto from time to time (the "Law"); and WHEREAS, the Town and Village desires to obtain the services and to use the facilities of the Society for shelter services as provided in Section 114 of the Law in relation to seized, stray, sick, injured or unwanted dogs as well as dogs ordered confined; and WHEREAS, the Society desires to provide such services to the Town and Village in accordance with the terms and conditions set forth in this Agreement; NOW, THEREFORE, the parties agree as follows: I. SERVICES 1.1 The Society will provide and maintain a shelter for dogs seized under Section 117 of the Law by the Town and Village or by the Society pursuant to the terms of this agreement. The Society will comply, at all times, with the provisions of the Law in relation to the holding, care, adoption, redemption, or humane euthanization of such seized dogs, and will operate such shelter in accordance with the Dog Control Officer and Shelter Manual issued by the New York State Department of Agriculture and Markets, as revised and amended from time to time. 1.2 The Society agrees its shelter will be open to receive seized dogs from the Town and Village or by the Society pursuant to the terms of this Agreement on Monday through Sunday, legal holidays exempted, from 9:00 AM to 5:00 PM. The Society may adjust such hours upon thirty (30) days written notice to the Municipality provided such adjusted hours provide for substantially equivalent access to the shelter. FINAL 9-21-18 Page 26 of 103 1.3 The Society may also, at its sole discretion, accept owned dogs from residents within the Town and Village and agrees its shelter will be open to the public on Monday through Sunday, legal holidays exempted, from 10:00 AM to 4:00 PM, except for Thursdays when the shelter will be open from 2:00 PM to 8:00 PM to accept such dogs. The Society may adjust such hours upon thirty (30) days written notice to the Municipality provided such adjusted hours provide for substantially equivalent access to the shelter. 1.4 The Society further agrees to provide the following related services: (i) the Society will, upon the request of the Town and Village, pick-up stray dogs from the scene such dogs are located between the hours of 9:00 AM and 5:00 PM Monday through Sunday, legal holidays exempted; (ii) the Society will be available by page or cell phone twenty-four (24) hours a day, including holidays, for the receipt of seized dogs at its shelter or for the pick-up of stray dogs from the scene located; (iii) the Society will hold seized unidentified dogs for at least five (5) days, and seized identified dogs for at least nine (9) days, before putting them up for adoption or euthanizing them, except in those cases where the dogs are so badly injured or so ill that such delay in euthanasia would be inhumane in the opinion of the Society's shelter manager/veterinarian; (iv) the Society will, hold dogs ordered to be held, pending resolution of a "dangerous dog" proceeding in any court, and in such instances, the Society agrees to bill the cost, not to exceed $30.00 per day, to the animal's owner and the Town and Village shall not be held responsible for this expense; (v) the Society will maintain and timely file a complete record of any intake or seizures from the Town and Village and the subsequent disposition of any seized dog in the manner proscribed by the Commissioner of Agriculture and Markets, as well as any other records as required by the Law; and, (vi) the society will provide the Town and Village with quarterly incidence reports itemizing any calls or notifications from the Town and Village or residents of the Town and Village requiring a response from the Society. 1.5 The Society will use its best efforts to respond to any pick-up request from the Town and Village in a timely manner. Upon request by the officers and/or agents of the Society, the Town and Village agrees to provide police protection, at no charge, to such officers and/or agents during the performance of pick-up services requested by the Municipality. 1.6 The Society will charge $30 per day to any dog owner reclaiming a stray dog held at the shelter for each day the dog is at the shelter. The Town will be entitled to 50% of such fees for any dog whose owner lives within the unincorporated area of the Town. The Village will be FINAL 9-21-18 2 Page 27 of 103 entitled to 50% of such fees for any dog whose owner lives within the incorporated area of the Village. The Town and Village will be entitled to 50% of such fees for any dog whose owner lives neither within the unincorporated area of the Town nor the unincorporated area of the Village and will share the portion of such fees equally. The Society shall be entitled to retain all of the fees to which neither municipality is entitled. The Society will provide a monthly accounting and remit to the Town or Village their portions of the fees. 1.7 The Society is granted authority by the Town and Village to collect impoundment fees as determined by the Town and Village. On a monthly basis the Society will submit to the Town and Village an accounting of impoundment fees received for each community and remit such fees to the Town and the Village based on the resident address of the dog owner. 1.8 The Society is granted authority by the Town and Village to (a) issue dog licenses for unlicensed impounded or seized dogs which are required before the Society can release them and (b) to collect fees for licenses issued. On a monthly basis, the Society will submit to the Town the amount it shall have received in license fees along with a copy of licenses issued. 1.9 No shelter or other services shall be provided for any animals other than dogs, whether such animals are domesticated or non -domesticated, except at the sole discretion of the Society. II. TERM The term of this Agreement shall be in effective from November 1, 2017 through October 31, 2022. Any of the parties to this agreement may terminate such agreement upon thirty (30) days written notice. III. PAYMENT 3.1 In consideration of the performance by the Society of the Services set forth herein, the Town and Village shall pay the Society a fee for the Contract Year (the "Annual Fee"). Such Annual Fee shall be payable to the Society in twelve (12) equal monthly installments, each installment due on the 11t of each month of the Contract Year. The initial Annual Fee for the contract year beginning November 1, 2017 shall be $17,936. The Town's share shall be $10,764 and the Village's share shall be $7,172. The Town and Village will each pay their proportionate share due and payable in quarterly installments of $2,691 for the Town and $1,793 for the Village commencing on the 1St day of November 2017. 3.2 The Annual Fee for the second Contract Year beginning November 1, 2018 will be the same as the fee for the first contract year beginning November 1, 2017. FINAL 9-21-18 Page 28 of 103 3.3 The Annual Fee for each successive Contract Year from November 1, 2019 forward shall equal the Annual Fee of the previous Contract Year increased by a percentage equal to the increase in the All -Urban Consumer Price Index for the "New York -Northern New Jersey -Long Island (NY -NJ -CT -PA)" area for the twelve (12) months ending August 3111 of the current calendar year. IV. MISCELLANOUS 4.1 Notices. All notices shall be in writing and, at the option of the sender, be either (i) served personally upon the other party; (2) be mailed certified mail, postage prepaid, to the party to whom such notice is directed at its offices as reflected herein or as otherwise correctly known by the sender; (3) transmitted by facsimile, or (4) delivered by a reputable overnight courier with confirmed delivery. Notice shall be deemed effective three (3) business days after posting by certified mail, one (1) business day after transmission of the facsimile, or upon delivery in the case of personal service or overnight courier. 4.2 No Representations. Neither party makes any representation, warranty or guaranty, express or implied with respect to the subject matter of this Agreement except as may be specifically provided herein. 4.3 Indemnification. The Society shall indemnify, defend and hold harmless the Town and the Village for any acts and omissions arising out of the Society providing municipal shelter services and protect the Town and Village from any claims, actions, suits, judgments, expenses, attorney fees, defense costs or expenses arising from the provision of municipal shelter services. 4.4 Insurance. The Society shall maintain general liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, for the full term of this agreement. The Society shall provide to the Town and Village certificates of insurance evidencing same and naming the Town and Village as additional insured. 4.5 Assignment. This Agreement may not be assigned without the prior written consent of the other party and any purported assignments made without consent shall be void. 4.6 Full Agreement. This Agreement represents the full and complete agreement of the parties and supersedes any and all other agreements among them. No waiver, amendment, or modification of this Agreement shall be valid unless in writing and duly executed by the parties. 4.7 Independent Contractor. The Society is an independent contractor, and neither the Society nor its staff shall be deemed to be employed by the Town or Village. FINAL 9-21-18 4 Page 29 of 103 IN WITNESS WHEREOF, the parties hereto have caused their corporate seals to be hereunto affixed, and this Agreement to be signed by their duly authorized officers on the day and year written. HUMANE SOCIETY OF WESTCHESTER o By: John N. Feldtmose President Date: VILLAGE OF LARCHMONT By: Lorraine Walsh Mayor Date: FINAL 9-21-18 TOWN OF MAMARONECK M Meredith S. Robson Town Administrator Date: 5 Page 30 of 103 DRAFT RESOLUTION WHEREAS, the Town of Mamaroneck (the "Town") and the Village of Larchmont (the "Village") currently handle the collection and disposal of solid waste and other refuse cooperatively by operation of the Larchmont-Mamaroneck Joint Garbage Disposal Commission (the "Commission"); and WHEREAS, the Commission was established by State Legislation in 1938 for the primary purpose of constructing and operating an incinerator; and WHEREAS, in or about 1968 the operation of the incinerator was terminated; and WHEREAS, in or about June of 1973 the respective governing bodies of the Town and the Village passed resolutions (the "1973 Resolutions") adopting a plan for the Commission to perform the collection and other functions which had previously been performed by their own separate Sanitation Departments; and WHEREAS, the function performed by the Commission has evolved over time into primarily a collection and off-site disposal operation; and WHEREAS, the annual Commission budget is funded primarily with funds provided to the Commission by each of the two municipalities; and WHEREAS, the governing bodies of the Town and the Village are in active discussions regarding an updated permanent arrangement for conducting and funding the functions now being performed by the Commission; and WHEREAS, these discussions and/or the implementation of their conclusions will not be completed before the Commission's 2022 budget season; and WHEREAS, the Town and the Village, by adoption of this resolution, are providing for their respective financial contributions to fund the Commission's budget for the interim calendar year of 2022. NOW THEREFORE, BE IT RESOLVED as follows: 1. Notwithstanding anything to the contrary in any prior statutes, resolutions or agreements, the Larchmont Mamaroneck Joint Garbage Disposal Commission budget for calendar year 2022 shall be funded forty-one (41%) percent by the Village of Larchmont and fifty-nine (59%) percent by the Town of Mamaroneck. 2. The Town and Village Boards (collectively the "Boards") will continue to work on a mutually agreeable updated arrangement for handling solid waste and other refuse with a goal of commencing an updated arrangement on January 1, 2023. 1 Page 31 of 103 3. The interim funding contribution agreement described in paragraph "1" above shall remain in effect for the entirety of calendar year 2022. 4. Following adoption of this resolution by the Boards, the Boards will have a series of joint meetings to explore alternatives and advance discussions for a permanent alternate arrangement. 5. On or before June 16, 2022, at a joint meeting, the Boards will discuss the status of agreement on a permanent alternate arrangement and an anticipated timetable for completion of discussions and implementation of a permanent alternate arrangement. 2 Page 32 of 103 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 INTERDEPARTMENT MEMORANDUM DATE: October 14, 2021 TO: Meredith Robson, Town Administrator CC: Tracy Yogman, Town Comptroller FROM: Robert Wasp, P.E., Town Engineer SUBJECT: Recommendation of Consultant Proposal Authorization(s) Intersection Traffic & Pedestrian Safety Improvements — N. Chatsworth Avenue GENERAL: The Town has received separate consultant design proposals from Barton & Loguidice (B&L) for the development of construction level documents supporting improvements to the intersections of 1) New Jefferson Street at North Chatsworth Avenue; and 2) Myrtle Boulevard at North Chatsworth Avenue. Various alternatives for traffic and pedestrian safety improvements at the evaluated intersections were presented at the recent September 1" Town Board meeting. The specific alternative recommended for each intersection has been utilized to define the consultant's proposed scope of work. Both letter proposals include design development of engineer's drawings for signage and pavement striping modifications in accordance with Federal and New York State Manual on Uniform Traffic Control Devices (MUTCD) specifications. B&L will complete site visits to confirm field measurements and details necessary to advance their design. Timing modifications for the existing traffic signal at Myrtle Boulevard and North Chatsworth are included in the consultants design scope. Town Engineering and Highway Department staff will be engaged throughout the design development process that contemplates construction of improvements in spring 2022. Barton & Loguidice continues to serve the Town of Mamaroneck through design development and grant administration efforts for the Madison Avenue traffic signal and green infrastructure projects. Their work on related roadway infrastructure within the surrounding neighborhood serves as good background to coordinate with the recommended intersection improvements. The Engineering Department has reviewed the submitted proposals and recommends authorization by the Town Board to allow design work to be advanced. Please feel free to contact me with any questions. Page 33 of 103 Barton $tioguidice October 13, 2021 Mr. Robert P. Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 RE: Supplemental Agreement #1— Professional Consulting Services — New Jefferson Street at North Chatsworth Avenue Pedestrian Improvements Construction Documents File: 1902.008.001 Dear Mr. Wasp: Barton & Loguidice, D.P.C. (B&L) is pleased to provide this letter proposal to progress the New Jefferson Street at North Chatsworth Avenue Pedestrian Improvement project from the feasibility stage to the construction document development stage. In response to the verbal Town Board comments received at the September 1, 2021 meeting, we have confirmed the preferred alternative and finalized the feasibility study. Included with this proposal letter is our scope and fee to develop the preferred alternative to construction level documents. A. Scope Three concept alternatives were developed, with Alternative B-1 selected as preferred and recommended for implementation. Alternative B-1 consists of additional pavement striping to define positioning of legal parking spaces, and installation of additional signage and pavement striping to increase pedestrian visibility and increase motorists awareness of the crossing point. Improvements at this intersection will be completed entirely within the Town's right-of-way, is consistent with the NYSDOT Pedestrian Safety Action Plan (PSAP), and results in a net loss of one (1) parking space. Detailed Design / Construction Document Development • The final submittal (100% complete) will include but is not limited to a set of NYS Professionally Licensed and Sealed Construction Documents suitable for construction by Town forces. o Title Sheet o General notes, index, legends, and abbreviations o Table of estimated quantities o Signing and striping plans and details Improvements will include: o Removal of pavement striping depending on existing pavement and striping condition o Pavement cleaning prior to striping application The experience to listen The power to 10Airline Orive, Suite 200, Albany, NY12205 • Cffice:518-218-1801 • Fax: 518-218-1805 • BartonandLoguidice.com solve Page 34 of 103 Mr. Robert P. Wasp Town of Mamaroneck October 13, 2021 Page 2 o Installation of striping for stop bar, crosswalk, and "gore" areas o Relocation of existing sign posts and panels o Installation of new retroreflective sign posts and sign panels (back-to-back) B. Schedule The proposed project schedule is as follows • Notice to Proceed • Begin Detailed Design / Construction Document Development • 90% Design Plans to Town • Town Review • Final Plans Completed • Construction by Town forces C. Estimating & Technical Assumptions Mid -October 2021 End of October/ Early November 2021 Early November 2021 November 2021 December 2021 Spring 2022 1. Assume one (1) virtual kick-off meeting with the Town. 2. Assume no site visit by B&L is required. 3. Two (2) plan submittals (90% and final) are included. 4. Design will be in English units on 11"x17" plans. 5. No survey will be required and design plans will utilize aerial imagery. 6. Proposed improvements can be completed within existing right-of-way. Right-of-way acquisitions or easement maps are not required. 7. Design will be in compliance with New York State Standard Sheets and Specifications, Manual on Uniform Traffic Control Devices (MUTCD), the New York State Supplement to the MUTCD, and the NYSDOT Pedestrian Safety Action Plan (PSAP), unless otherwise indicated. 8. Coordination with the NYSDOT and a Highway Work Permit are not required. 9. Construction plans will be provided in PDF format electronically to facilitate downloading. 10. Assume the Town forces will complete the construction work and the project is not publically bid. 11. Assume no proposal book, typically reserved for public bidding, is required. 12. Assume no construction administration is required by B&L. Page 35 of 103 Mr. Robert P. Wasp Town of Mamaroneck October 13, 2021 Page 3 D. Fee The following fee reflects the completion of the scope of work described above. B&L understands that we propose to complete the scope of services for a Lump Sum Fee of $5,400. This includes expenses and labor. The services would be invoiced monthly based on the percentage of work complete and in accordance with the attached Standard Terms and Conditions. We estimate the construction documents will be completed in two (2) months from the notice to proceed from the Town. IN WITNESS WHEREOF, The Town of Mamaroneck, and Barton & Loguidice, D.P.C. have duly executed this agreement dated Owner: Town of Mamaroneck Signature:_ Print Name: Title: Thank You ! Thomas C. Baird, P.E. Associate PJC/TCB as of the day and year first above written. Engineer: Barton & Loguidice, D.P.C. Signature: Print Name: Thomas C. Baird Title: Associate Page 36 of 103 Barton $tioguidice October 13, 2021 Mr. Robert P. Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 RE: Supplemental Agreement #2 — Professional Consulting Services — Myrtle Boulevard and North Chatsworth Avenue Intersection Improvement Construction Documents File: 1902.008.001 Dear Mr. Wasp: Barton & Loguidice, D.P.C. (B&L) is pleased to provide this letter proposal to continue the Myrtle Boulevard and North Chatsworth Avenue Intersection Improvement project from the feasibility stage to the construction document development stage. As described in Supplement No. 1, in response to the verbal Town Board comments received at the September 1, 2021 meeting we have confirmed the preferred alternative and finalized the feasibility study. Included with this proposal letter is our scope and fee to develop the preferred alternative at this intersection. A. Scope Four (4) concept alternatives were developed, with Alternative A-3 selected as preferred and recommended for implementation. Alternative A-3 consists of the conversion of the Myrtle Boulevard northbound thru/right travel lane into a right only travel lane, signal timing optimization, and pedestrian walk signal delay compared to activation of the no right turn on red LED sign. Improvements at this intersection will be completed entirely within the Town's right-of-way, is consistent with the NYSDOT Pedestrian Safety Action Plan (PSAP), will improve intersection efficiency, reduce conflict of northbound weaving vehicles, and reduce potential pedestrian and motor vehicle conflict. Detailed Design / Construction Document Development • The final submittal (100% complete) will include but is not limited to a set of NYS Professionally Licensed and Sealed Construction Documents suitable for construction by Town forces. o Title Sheet o General notes, index, legends, and abbreviations o Table of estimated quantities o Maintenance and protection of traffic plans and details o Signing and striping plans and details 10Airline Drive,Suite 200 Albany, NY 12205 • Dfce:518-218-1801 • Fax: 518-218-1805 • BartonandLoguidice.com The experience to listen The power to solve Page 37 of 103 Mr. Robert P. Wasp Town of Mamaroneck October 13, 2021 Page 2 • Improvements will include: o Removal of pavement striping symbols and letters o Pavement cleaning prior to striping application o Installation of striping for stop bar, symbols, letters, and dotted extension lines through the intersection o Relocation of existing sign posts and panels o Installation of new retroreflective sign posts and sign panels o Traffic signal re -timing B. Schedule The proposed project schedule has not been determined at this time and will be updated as soon as the Town intends to proceed with improvements at this intersection. C. Estimating & Technical Assumptions 1. Assume one (1) virtual kick-off meeting with the Town. 2. Assume one (1) site visit by B&L is required. 3. Two (2) plan submittals (90% and final) are included. 4. Design will be in English units on 11"x17" plans. 5. No survey will be required and design plans will utilize aerial imagery. 6. Proposed improvements can be completed within existing right-of-way. Right-of-way acquisitions or easement maps are not required. 7. Design will be in compliance with New York State Standard Sheets and Specifications, Manual on Uniform Traffic Control Devices (MUTCD), the New York State Supplement to the MUTCD, and the NYSDOT Pedestrian Safety Action Plan (PSAP), unless otherwise indicated. 8. A Highway Work Permit are not required. B&L will coordinate with the NYSDOT to inquire about signal reprogramming. 9. Construction plans will be provided in PDF format electronically to facilitate downloading. 10. Assume the Town forces will complete the construction work and the project is not publically bid. 11. Assume the existing spanwire, signal heads, wiring, pullboxes, signal and pedestrian poles, and overhead signs will remain. 12. Assume no proposal book, typically reserved for public bidding, is required. 13. Assume no construction administration is required by B&L. Page 38 of 103 Mr. Robert P. Wasp Town of Mamaroneck October 13, 2021 Page 3 D. Fee The following fee reflects the completion of the scope of work described above. B&L understands that we propose to complete the scope of services for a Lump Sum Fee of $13,500. This includes expenses and labor. The services would be invoiced monthly based on the percentage of work complete and in accordance with the attached Standard Terms and Conditions. IN WITNESS WHEREOF, The Town of Mamaroneck, and Barton & Loguidice, D.P.C. have duly executed this agreement dated Owner: Town of Mamaroneck Signature:_ Print Name: Title: Thank You ! Thomas C. Baird, P.E. Associate PJC/TCB as of the day and year first above written. Engineer: Barton & Loguidice, D.P.C. Signature: Print Name: Thomas C. Baird Title: Associate Page 39 of 103 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7802 FAX: (914) 381-7809 MRobson@TownofMamaroneckNY.org To: Town Board From: Meredith S. Robson, Town Administrator Cc: Tracy Yogman, Town Comptroller Re: 2022 Budget Meeting Dates Date: October 20, 2021 I am proposing the following budget meeting dates and times for the Board to discuss the 2022 Tentative Budget: Saturday, October 23 @ 9:OOAM Tuesday, November 9 @ 5:30PM Should there be additional time required for review, we can discuss that during the meeting of November 91n Page 40 of 103 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7802 FAX: (914) 381-7809 MRobson@TownofMamaroneckNY.org To: Town Board From: Meredith S. Robson, Town Administrator Re: Tax Cap Date: October 20, 2021 In the agenda packet you will find the local law to override the tax cap. It is my understanding that you are very familiar with this document and I have always asked prior governing bodies to adopt this each year. The Tentative Budget that we will be discussing for next year would require the Town to exceed the tax cap, but even if the Board makes changes to that budget to reduce it below the tax cap, I believe it is worthwhile to have it in place. This does not bind you in any way in regards to your final decision on the budget. Please let me know if you have any questions. Page 41 of 103 Local Law No. of the year 2022 Town of Mamaroneck, County of Westchester A local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c Section 1. Legislative Intent It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for the fiscal year commencing January 1, 2022 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government's governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3. Tax Levy Limit Override The Town Board of the Town of Mamaroneck, County of Westchester, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2022 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State. Page 42 of 103 THIS ITEM HAS NO DOCUMENTS - DISCUSSION - LMC UPDATE Page 43 of 103 Town of Mamaroneck F County of Westchester t' 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL MEMORANDUM To: Town Board cc: Meredith S. Robson, Town Administrator From: William Maker, Jr., Attorney for the Town Subject: Title search for Pryer Manor Road TEL: 914/381-7815 FAX: 914/381-7809 WMakerJr®TownofMamaroneck NY.org Date: October 15, 2021 The title search done by Benchmark Title shows that the City of New Rochelle owns Pryer Manor Road. The developer of this area was a corporation called Pryer Manor Company, Inc. On March 14, 1953, the company conveyed title to Pryer Manor Road (and other property) to Mildred T. De Voe. The County Clerk recorded the deed in Liber 5519 at Page 231. A copy of it is the first attachment. About two and a half years later (specifically September 16, 1955), Ms. De Voe conveyed the same property she had acquired from Pryer Manor Company, Inc. to the City of New Rochelle. The County Clerk recorded the deed in Liber 5519 at Page 226. A of it is the second attachment. Nothing in the deed indicates that Ms. De Voe intended to convey only that section of Pryer Manor Road that lies within the City. Because it seemed incongruous that New Rochelle would accept title to the portion of a road lying in the Town, I asked Benchmark to search for other deeds from Ms. De Voe. I thought that there might be another deed (such as a correction deed) that would explain that the 1955 conveyance was intended to cover only the New Rochelle section of Pryer Manor Road. In a letter dated October 4, 2021, Benchmark advised that there were no further deeds. A copy of the Benchmark letter is the third attachment. The residents have produced a deed dated November 15,1956 and recorded in Liber 5665 at Page 336 by which persons claiming to be owners of property along the section of Pryer Manor Road that lies within the Town, a corporation called Pryer Manor Development Corp. and the Eastchester Savings Bank purported to convey the Mamaroneck portion of the road to the Town, %1* Printed on Recycled Paper Page 44 of 103 To: Town Board cc: Meredith S. Robson, Town Administrator From: William Maker, Jr., Attorney for the Town Subject: Title search for Pryer Manor Road Date: October 15, 2021 Page Two (Lest there be confusion, Pryer Manor Development Corp. is not Pryer Manor Company, Inc. It was the developer of the lots on Pheasants Run.) Since the grantors of the 1956 deed did not have title to Pryer Manor Road, this deed did not convey title to the Town. Page 45 of 103 ATTACHMENT ONE Page 46 of 103 STATUTORY PORP 1)0-10KAPTER Sl1 SAW8191TI-N:,2241H THE CHIBHOW PAINTING COMPANY, 409 P54ML ET., N. V. ,o., 6JiT LL.,. pfft.-cW,d.TgN LIBER5519 PACE231 made the day of March , niractvert lit/ n dre-d and fifty-three, BfxltCCii PRYER MANOR COMPANY, INC., having its office at a corporation organized under the laws of the State of New York, 1 , party of Ow first part, and 1 ev 1MILDRED T. DE VOE, 9 residing at p1 25 Lawton Avenue, bHartsdale, New York, party of the second part, En X atiflUBUth, that the party of the first part, in consideration of U { to E imss+ Ten (X10.00) ------------------------------------------------- oluirs, lczwful money of the United States, paid by the part y of the second part, does hereby remise, release and gaitclairn :onto the part y of the second part, her distributees and assif7w forever, , XY the right, title and interest in and to Pryer Manor Road, the ridge crossing Premium River and Premium ?dill Pond, and the road- way east of said bridge and connecting it with Pryer Lane situated . in the City of Now Rochelle, in the Town of Mamaroneck and in the Village of Larchmont, Westchester County, New York, all of which• are shown on certain maps entitled, "Map of Estate of John Pryer, Westchester County, New York," made by Geo. A. Wheeler, Civil Engineer and City Surveyor, dated January, 1880, and filed in the office of the Clerk of the County of Westchester, Division of Land { Records, on September 20, 1886, as map No. 886, and "Subdivision Map of Pryer Manor, Town of Mamaroneck and City of New Rochelle, Westchester County, New York," made by William A. Smith, Surveyor, _ dated April 5, 1924, and filed in the office of the Clerk of the County of Westchester, Division of Land Records, on .Tune 25, 1925, 4 as map No. 2852. i ` „5L 1 i I by _g F� Q mM p M n ri "CJ co ct ct Cti CD to N Y SL h . cyY yFp'" l6 Y p m � 5 R n cam' G9 � A N• A � m ni P �w N. n A y N w In m o Y R Y m Q mM p M n ri "CJ co ct ct Cti CD to N Y SL h . cyY l6 P�e A P �w � �1 y In m Y IIBERi)t�1�� PAGE2c}t3 'Otatic 0f NLFw--y4'R-R t35.: County ofrh_v'k on the f'y ;d- day of March, niaetean hundred and fifty-three , before rrce personally came �� � � t v �+ , to me known, who, being by me dtaly sworn, did depose and say that he - resides that he is the D/ PRYER MANOR COf&ANY, INC., the corporation described in, and which executed, the foregoin¢ instrurrcent; duct he knows the seal of said corporation; that the seal affc cad to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that _ he signed h i s name thereto by like order: D . 101ARY PUBLIC SATE 0i Tt0Rt0A AT MstolWf,r�„`•,`' YY CDILaissloa EVIRES 0111. 11th,, S .K IsF, l7 STATE OF -FLORIDA, County'of.hianatee } 1, LLOYD hi. NICKS, Clerk of the County of Manatee (and also Cleric of the Circuit Court, the said court being a court of record of the aforesaid county, having by law a seal) do hereby certify that whose name a su6acribed to the attached certificate of acknowledgment, proof or affidavit, wu, at the time of taking such' acknowledgment, proof or offidavit,•a Notary;Public,-duly commissioned and sworn, and residing in said county, and was, as such, an officer'of'said Stale, drlyraulharized by the laws thereof to take end certify the proof and acknowledgment of deeds and olficr inserumenVp writing' to +be iecorded in said State end that lull faith and . r, . credit are and ought to be given:h, ofCidnl`aetr�-and I further-ccAify that I am well acquainted with hA-- hand- writing, end verily, believe that the. a1gnnture-1'0' e''yjtached certificate is h.?es.r genuine signature. that h.s,~- commission docs not .The impression of the notsry seal is:noureguired o'bo" fled _inthiaf[ice, IN T 7IIt10YY WlI£IiEOF;'I, keve�hcream! . `set m� hand and official seal this :day of_'t19s3_ , CLERK. - . ••v;1k`� sy... � ... EPtrrr CLERK..-.._ The foregoing instrument was endorsed for record at follows; The prope�r}tyy affeciad by this instramertt is sftuale : in the TOWN OF 144VARCINECK & CITY OF NEW RIO IMLLE County of Westchester, N. Y. A true copy of the original DEED RECORDED OCT. 26, 1955 at 2 P14 of requast of . DEPARTMENT , OF}}��LAW, FEE: i 6.10 No. 5185 b NEW R�[)�]/J{it6 �r WAhRjtj. County Cleric: ATTACHMENT TWO Page 50 of 103 20$—STATUTORY HUE;M u. 33E1K.S. -1 :W. heed. Willwul Cr ro t .9dnM WA9Cronwr.-.1nd/�I171d�e1 tiff sT,E icy tiJ r Made the ; • 16th and fifty-five �ktbxeri York j Ulla 01-...G, INC.. l,n t1L1N9 put1LIG.1.0 71 ©.0�0 / -ICU t NEGIWl Gi., Ki YOKK � 6atbertture, day of September , , nineteen hundred I.ITLDRSU T. D2 VOI; residing at 25 Lawton Avenue, Hartsdale, Nov co - , party of the first pan. 'F_ I and 0 •+ CITY Or NF,i, ROC3l1;LLE:, a domestic municipal corporation with its 41 principal office at t•fain and Hechanic Streets, New Rochelle, New York . put y of tho second part, V ftjje$�etij, that the party of the -first part, in eonsidmUen of ONE ($1.00) -- - - - - - - -- - - -- - - - - -- Dollars, lawful mdney of the United States, and other good and valuable consideration paid by the party of the second pan does hereby grant and release unto the part y of the second part, its successors and assignSfarerer, Z(U the right, title and interest in and to Pryer Hanor Road, the bridge crossing Prenj%i,n River and Pre M- um 1103. Pond, and the roadway cast 'of said bridge and connecting it with Pryer Lane situated in the City of New Rochelle, in the Togm of Mamaroneck and in the Village of Larehmont, Westchester County, New for)[, till of which are shown on certain maps entitled "flap of Estate, of Jolm Pryer, Westchester County, New York" made by George A. Hheeler, Civil Snginoer and City Surveyor, dated January, 1880 and riled in the office of the Clerk of the County of Vestchester, Division of Land Records on September 20, 1880 as map No. 1336 and "Subdivision Map of Pryor Kanor, Town of Namaroneck, and City of New R06hl1ue, Westchester County, 11eTr Yorlt" made by•liilliam A. Smith, Surveyor; dated Apt -it 5, 3.824 anti filed in the office of the CXerit of the County of Vestchester, Divi- sion of Land Records on June 25, 1125 as map no. 2852. i;� ;-:,7 t'- - t %-1 9 P,,E29 Mogetfjer with the appurtenances and 411 the estate and rights of the pare of the Srst part in and to said premises, XO ijabe 1IIb to NO the premises herein granted unto the part y of the second part, its successors and assigns forever. The grantor, in compliance with Section 11 of the Lien Law, covenants that the grantor will I receive the consideration for this conveyance and will hold the right to receive such consideration as a I trust fund to be applied first for the purpose of paying the cost of the improvement and that the grantor will apply the same first to the payment of the can of the improvement before using any part of the total � of the same for any other purpose. i In Munn.' Mitred, the part y of the first part ha s hereunto set her hand and seal the day and year Srst above written. $n Vratttst o[: Y'M' I L,✓CLc-s�rf....�:...:_�i1..vL2-c...._..L. S. _......_..... _..................................................... .__..1. s. n TaD R;unaO 'N3lddVM 1 QVMn3 459Z5 'ON 01 •9 ! :33-1 'Z • N `a IUD08 MU `MH'I qo IN31.11, v(12(1 to }sanba� ;o Ltd z ;v 5561 `9z '.%00 034d003d CI33Q jeuisuo oy; fo Adaa ani} V •A •N •jalsay 4saM 10 A4unao fll� 013 MaM ,30 7110 V-M0':X0U%tVri M 1IMOS ay} w o+en}?s s{ }uawai}su{ siq Al pa}aaMr �l+a ad Glu :smkoyR} 10 pj0o4r JOI posropua sQM ;aowne;sui 5u{oaujo1 a4! 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E scot 'ac ryas atw4�1+o1A ror P Eod - U0966t,o �oNK _ QGA N•a=' O eG1tj •Zii� d ' � � e:o1 nY3f w •otues agd pa;traara agg ;egJ aw 0i pagpalmotegas put: ')uaWnr)S -ul 8aro8arP; aga'pa�naaaa ogr pac,'ut pagnasap lenprntpttr a117 ag w atu 01 umaug pus umoa$ ata w MARC 'I C3Ol1OMW amen am oso;og an13-4'4313 pue parpanq i2mautasar{wejda5 10 Sep s{491 all) a0 :•� LZS�HDS SFS )0 diswo3l { 31l30A MFR Io'ag10 1a z. Ou a y i � (s•1 o �a a 4 TaD R;unaO 'N3lddVM 1 QVMn3 459Z5 'ON 01 •9 ! :33-1 'Z • N `a IUD08 MU `MH'I qo IN31.11, v(12(1 to }sanba� ;o Ltd z ;v 5561 `9z '.%00 034d003d CI33Q jeuisuo oy; fo Adaa ani} V •A •N •jalsay 4saM 10 A4unao fll� 013 MaM ,30 7110 V-M0':X0U%tVri M 1IMOS ay} w o+en}?s s{ }uawai}su{ siq Al pa}aaMr �l+a ad Glu :smkoyR} 10 pj0o4r JOI posropua sQM ;aowne;sui 5u{oaujo1 a4! E scot 'ac ryas atw4�1+o1A ror P Eod - U0966t,o �oNK _ QGA N•a=' O eG1tj •Zii� d ' � � e:o1 nY3f w •otues agd pa;traara agg ;egJ aw 0i pagpalmotegas put: ')uaWnr)S -ul 8aro8arP; aga'pa�naaaa ogr pac,'ut pagnasap lenprntpttr a117 ag w atu 01 umaug pus umoa$ ata w MARC 'I C3Ol1OMW amen am oso;og an13-4'4313 pue parpanq i2mautasar{wejda5 10 Sep s{491 all) a0 :•� LZS�HDS SFS )0 diswo3l { 31l30A MFR Io'ag10 ATTACHMENT THREE Page 54 of 103 Benchmark Research, LLC 222 Bloomingdale Road, Suite 102, White Plains, NY 10605 (914) 250-2400 * Fax # (914) 422-1550 October 4, 2021 William Maker, Jr., Esq. Town of Mamaroneck 740 West Boston Post Rd Mamaroneck, NY 10543 RE: Title No. : BRS 1208482 Premises : Pryer Manor Road, Mamaroneck, NY Dear Bill : Please be advised that we have conducted a search for deed from the City of New Rochelle to the Town/Village of Mamaroneck from 1953 to 1957 and found none of record on the above referenced premises. We also searched for a deed from Mildred DeVoe to Town/Village of Mamaroneck from 1953-1957 and found none of record. No other returns as of 9/10/21 This company's liability for this search is limited to the amount paid for same and extends only to the applicant named above. This is not a policy of title insurance. Very truly yours, Benchmark Research, LLC Loriel De Caro, Counsel Encl. Page 55 of 103 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: October 20, 2021 SUBJECT: Marihuana Regulations and Taxation ATTACHMENTS: 1. Public Hearing - Marihuana Regulations and Taxation Page 56 of 103 PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, October 20, 2021 at 8:00 PM or as soon thereafter as is possible, to consider the "Opt -out from the licensure and establishment of a retail dispensary license and/or on-site consumption license authorizing the retail sale of adult -use cannabis to cannabis consumers under the provisions of article four of the New York State Cannabis Law in the unincorporated area of the Town of Mamaroneck" Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: Section 131 of the Cannabis Law allows local governments to opt out of the provisions of the Cannabis Law insofar as that law allows the licensing and the establishment of retail dispensaries and/or places for the on-site consumption of cannabis products. A local law, passed before December 31, 2021, is required in order for a local government to opt out. Failure to pass such a local law on or before December 31, 2021 means that such local government cannot opt out of the Cannabis Law. However, a local government that properly opts out of the Cannabis Law can "opt -into" that law after December 31, 2021. The Town Board finds that it is in the best interests of the Town to opt out of the Cannabis Law so that it can monitor the effect of the retail sale of adult -use cannabis to cannabis consumers and of places authorized to allow the on-site consumption of cannabis by cannabis consumers in other communities within Westchester County and beyond. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: October 13, 2021 Page 57 of 103 Local Law No. - 2021 This local law shall be known as the "Opt -out from the licensure and establishment of a retail dispensary license and/or on-site consumption license authorizing the retail sale of adult -use cannabis to cannabis consumers under the provisions of article four of the New York State Cannabis Law in the unincorporated area of the Town of Mamaroneck" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1— Purpose: Section 131 of the Cannabis Law allows local governments to opt out of the provisions of the Cannabis Law insofar as that law allows the licensing and the establishment of retail dispensaries and/or places for the on-site consumption of cannabis products. A local law, passed before December 31, 2021, is required in order for a local government to opt out. Failure to pass such a local law on or before December 31, 2021 means that such local government cannot opt out of the Cannabis Law. However, a local government that properly opts out of the Cannabis Law can "opt -into" that law after December 31, 2021. The Town Board finds that it is in the best interests of the Town to opt out of the Cannabis Law so that it can monitor the effect of the retail sale of adult -use cannabis to cannabis consumers and of places authorized to allow the on-site consumption of cannabis by cannabis consumers in other communities within Westchester County and beyond. Section 2 — Addition of a new chapter to the Mamaroneck Code: The Code of the Town of Mamaroneck is amended by adding the following new Chapter 68 thereto. Article 68 Cannabis § 68-1 Title. This law shall be known as the opt -out from the licensure and establishment of a retail dispensary license and/or on-site consumption license authorizing the retail sale of adult -use cannabis to cannabis consumers under the provisions of article four of Cannabis Law of the State of New York. Page 58 of 103 § 68-2 Legislative intent and authority for this chapter. Section 131 of the Cannabis Law allows local governments to opt out of the provisions of the Cannabis Law insofar as that law allows the licensing and the establishment of retail dispensaries and/or places for the on-site consumption of cannabis products. A local law, passed before December 31, 2021, is required in order for a local government to opt out. Failure to pass such a local law on or before December 31, 2021 means that such local government cannot opt out of the Cannabis Law. However, a local government that properly opts out of the Cannabis Law can "opt -into" that law after December 31, 2021. The Town Board finds that it is in the best interests of the Town to opt out of the Cannabis Law so that it can monitor the effect of the retail sale of adult -use cannabis to cannabis consumers and of places authorized to allow the on-site consumption of cannabis by cannabis consumers in other communities within Westchester County and beyond. § 68-3 Opt -out. A. The Town hereby requests the cannabis control board to prohibit within the unincorporated area of the Town the establishment of retail dispensary licenses or on-site consumption licenses pursuant to article four of the Cannabis Law. B. The Town opts out of having retail dispensaries of cannabis and/or places for the on-site consumption of cannabis located within the unincorporated area of the Town. § 68-4 Permissive referendum. This local law is subject to a permissive referendum governed by section twenty-four of the Municipal Home Rule Law of the State of New York. Section 3 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 - Effective Date: This Local Law shall become effective upon the later of the forty-fifth day following its adoption or the day that it is filed with the Secretary of State. September 24, 2021 Page 59 of 103 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: October 20, 2021 SUBJECT: Fire Claims ATTACHMENTS: 1. Fire Claims Oct 20, 2021 Page 60 of 103 Town of Mamaroneck From: Tracy Yogman - Town Comptroller Re: Fire Claims Date: October 20, 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 AAA Emergency Supply Co. Scott RIT Fast Attack carry bag & air cylinder $ 3,129.00 AAA Emergency Supply Co. Hydrotest only with 0 Ring, refill and extinguisher inspection 153.00 Amazon.Com Essential of Firefighting text books (3), 2022 Diary 311.26 Con Edison Fire HQ gas service 8/27-9/28/21 264.55 Dival Safety Equipment Inc. Rae Systems 02 Sensor for Q Rae gas monitor (3) 651.06 Grainger Trash bags 32.09 Interstate Diagnostics Inc. Complete Physical Exams and Vaccines 7,730.00 Konica Minolta Fire Dept Copier lease - August 2021 133.42 Minerva Cleaners Bunker pants -alteration 142.00 Optimum Cable Services for 9/23-10/22/21 271.04 Precision Plumbing & Heating Clear blockage in first floor bathroom 325.00 Ready Refresh Water Cooler rental and paper fee 8/19-9/18/21 161.96 The Flower Bar Flowers and wreath for 911 ceremony 162.00 Food & supplies for Members on Standby for hurricane Henri 8/21/21 & Town of Mam'k Fire Dept. water for apparatus 790.30 Town of Mam'k Fire Dept. Reimbursement for Monthly Drill 9/14/2021 244.50 UniFirst Corporation Cleaning supplies 9/17, 9/24, 10/1/2021 549.62 Verizon Fire HQ service 9/10-10/9/21 289.17 Food for Fast Drill 9/22, Discussion of Tropical Storm Ida 9/29 and SCBA Villa Maria Pizza & Search and Victim Removal 10/6/2021 381.40 Total $ 15,721.37 Page 61 of 103 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: October 20, 2021 SUBJECT: New Business ATTACHMENTS: 1. THIS ITEM HAS NO DOCUMENTS- OTHER FIRE DEPARTMENT BUSINESS Page 62 of 103 THIS ITEM HAS NO DOCUMENTS- OTHER FIRE DEPARTMENT BUSINESS Page 63 of 103 TOWN OF MAMARONECK FIRE DEPARTMENT OFFICE OF THE CHIEF Vi WEAVER (th-4L'` ,N4 STREET de4.10N3 To: Board of Fire Commissioners From: Chief Shaun Hughes Date: October 13, 2021 Re: Fire Report for the Month of September 2021 Headquarters 205 WEAVER STREET LARCH MONT, NEW YORK 10538 834-2100 EMERGENCY 834-2101 - NON EMERGENCY 834-2438 CHIEF'S OFFICE 834-0922 - FAX WWW.TMFD.ORG The following report outlines response to calls made during the month of September 2021. It summarizes the nature, the number of personnel responding and the total time spent. I have also attached a report showing a further breakdown of these alarms. Alarm Type Number Generals 72 Minors 38 Stills 150 Out of Town (Mutual Aid) 6 EMS 41 Drills 3 TOTAL 310 Total number of personnel responding: 5191 Total time working: Respectfully Submitted, Shaun giuglie6 Chief Shaun Hughes 114 hours and 38 minutes Incident Type Count Report Date Ranee: From 9/1/2021 To 9/30/2021 Selected Station(s): All Incident Type Description Count Station: EMS 311 - Medical assist, assist EMS crew 1 0.33% 321 - EMS call, excluding vehicle accident with injury 40 13.03% Total - Rescue & Emergency Medical Service Incidents 41 100.00% Total for Station 41 13.36% Station: HQ 151 - Outside rubbish, trash or waste fire 2 0.65% Total - Fires 2 1.60% 322F - Vehicle accident with injuries 6 1.95% 323F - Motor vehicle/pedestrian accident (MV Ped) 2 0.65% 353F - Removal of victim(s) from stalled elevator 2 0.65% Total - Rescue & Emergency Medical Service Incidents 10 8.00% 411 - Gasoline or other flammable liquid spill 2 0.65% 412 - Gas leak (natural gas or LPG) 7 2.28% 424 - Carbon monoxide incident 2 0.65% 443 - Light ballast breakdown 1 0.33% 445 - Arcing, shorted electrical equipment 1 0.33% 463 - Vehicle accident, general cleanup 1 0.33% Total - Hazardous Conditions (No fire) 14 11.20% 500 - Service Call, other 3 0.98% 511 - Lock -out 1 0.33% 520 - Water problem, other 3 0.98% 522 - Water or steam leak 1 0.33% 531 - Smoke or odor removal 4 1.30% 541 - Animal problem 1 0.33% 542 - Animal rescue 1 0.33% 553 - Public service 2 0.65% 571 - Cover assignment, standby, moveup 1 0.33% Total - Service Call 17 13.60% 611 - Dispatched & cancelled en route 3 0.98% 622 - No incident found on arrival at dispatch address 3 0.98% 651 - Smoke scare, odor of smoke 4 1.30% Total - Good Intent Call 10 8.00% 700 - False alarm or false call. other 11 3.58% 733 - Smoke detector activation due to malfunction 2 0.65% 735 - Alarm system sounded due to malfunction 8 2.61 % 736 - CO detector activation due to malfunction 5 1.63% 743 - Smoke detector activation, no fire - unintentional 9 2.93% 744 - Detector activation, no fire - unintentional 1 0.33% 745 - Alarm system sounded, no fire - unintentional 32 10.42% 746 - Carbon monoxide detector activation, no CO 4 1.30% Total - Fals Alarm & False Call 72 57.60% Page 1 of 2 Printed 10/20/2021 09:12:40 Incident Type Description Count Total for Station 125 40.72% Station: STIL 100 - Fire, other 1 0.33% 111- Building fire 2 0.65% 150 - Outside rubbish fire, other 1 0.33% Total - Fires 4 2.84% 360 - Water & ice related rescue, other 8 2.61% Total - Rescue & Emergency Medical Service Incidents 8 5.67% 400 - Hazardous condition, other 3 0.98% 411 - Gasoline or other flammable liquid spill 1 0.33% 440 - Electrical wiring/equipment problem, other 1 0.33% Total - Hazardous Conditions (No fire) 5 3.55% 500 - Service Call, other 1 0.33% 520 - Water problem, other 94 30.62% 531 - Smoke or odor removal 8 2.61% 571 - Cover assignment, standby, moveup 1 0.33% Total - Service Call 104 73.76% 600 - Good intent call, other 2 0.65% 611 - Dispatched & cancelled en route 2 0.65% Total - Good Intent Call 4 2.84% 700 - False alarm or false call, other 1 0.33% 736 - CO detector activation due to malfunction 4 1.30% 745 - Alarm system sounded, no fire - unintentional 11 3.58% Total - Fals Alarm & False Call 16 11.35% Total for Station 141 45.93% 307 100.00% Page 2 of 2 Printed 10/20/2021 09:13:00 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: October 20, 2021 SUBJECT: Set Public Hearing - Tax Cap Override ATTACHMENTS: 1. THIS ITEM HAS NO DOCUMENTS — SET PUBLIC HEARING — TAX CAP OVERRIDE Page 64 of 103 THIS ITEM HAS NO DOCUMENTS - SET PUBLIC HEARING - TAX CAP OVERRIDE Page 65 of 103 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: October 20, 2021 SUBJECT: Appointment - Town Administrator as Budget Officer ATTACHMENTS: 1. THIS ITEM HAS NO DOCUMENTS — APPOINTMENT — TOWN ADMINISTRATOR AS BUDGET OFFICER Page 66 of 103 THIS ITEM HAS NO DOCUMENTS - APPOINTMENT - TOWN ADMINISTRATOR AS BUDGET OFFICER Page 67 of 103 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: October 20, 2021 SUBJECT: Salary Authorization - Laborer, Highway Department ATTACHMENTS: 1. Salary Authorization - Laborer, Highway Department Page 68 of 103 • �� Town of Mamaroneck { Town Center . , 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7812 FAX: (914) 381-7809 CGreenODonnel]@TownofMamaroneckNY.org TO: Meredith Robson, Town Administrator Nancy Seligson, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Deputy Town Administrator DATE: October 14, 2021 SUBJECT: Authorization to Appoint a Laborer Authorization is requested to appoint Darion Arango to the full-time position of Laborer in the Highway Department at an annual salary of $52,841, effective October 25, 2021. A recent retirement created this opening. The funding for the position is reflected in the 2021 budget. If appointed, he will be required to serve a fifty-two (52) week probationary period. Mr. Arango is currently working part-time as a laborer in the Village of Mamaroneck's Department of Public Works. While the Town's Highway Department assisted the Village in their post Storm Ida clean-up efforts, John Barreto, General Foreman, and Chris Gonch, Assistant General Foreman, worked alongside Mr. Arango. They were extremely impressed with his overall performance, as well as his work ethic and his ability to execute tasks efficiently and in a timely manner. It is believed that Mr. Arango will have a positive impact on the overall operations of the Highway Department. If appointed, his duties will include, but not limited to, performing manual labor tasks, snow plowing and hauling debris, gravel and waste material. ACTION REQUESTED: That the Town Board approve the appointment of Darion Arango as Laborer in the Highway Department at an annual salary of $52,841, effective October 25, 2021. Page 69 of 103 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: October 20, 2021 SUBJECT: Authorization - Contract TA - 21 - 11 - Professional Auditing Services Agreements ATTACHMENTS: 1. Authorization- Audit Services- EFPR 2. Town of Mamaroneck EL 3. Town of Mamaroneck Housing Choice Voucher Fund EL 4. Town of Mamaroneck Justice Court EL Page 70 of 103 TOWN OF MAMARONECK OFFICE OF TOWN COMPTROLLER TO: Supervisor and Town Board members FROM: Tracy Yogman- Town Comptroller RE: Authorization- Audit Services Contract to EFPR Group, CPA's DATE: September 30, 2021 The Town has retained the independent audit form of PKF O'Connor Davies for over 30 years to perform the annual financial statement audit. In 2019, both parties mutually agreed to a one-year term with two optional extensions for the years 2020 and 2021. The Town issued a Request for Proposal (RFP) for Professional Auditing Services in June 2021 that included the Town Audit, Section 8 Program, Single Audit (A133) and the Justice Court audit. Pricing was provided separately for each audit in the proposals. The Town received seven (7) proposals. The proposals were reviewed and evaluated using the evaluation criteria specified in the RFP. The top three firms were EFPR Group, the Bonadio Group and Drescher and Malecki. The Town's current auditors, PKF O'Connor Davies, LLP was ranked fourth. Each of them had impeccable references, extensive government experience and is well qualified. After careful review and consideration, it is recommended that EFPR Group is awarded a contract for auditing services for a three year contract to audit Fiscal Year 2021, 2022 and 2023 with an option to renew annually for the next two years. EFPR Group is located in Williamsville, NY, has over 175 governmental clients and employees 200 professionals with 41 partners/directors. The firm has confirmed their independence of the Town of Mamaroneck. Some of their local clients include City of Beacon, the Town of Cortlandt and New Rochelle School District in addition to many others. Their proposal included more of hours of service on the Town's audit than we are currently receiving. The engagement partner will be Douglas E. Zimmerman who has over 34 years experience and is the partner for numerous municipal clients. Attached please find the price proposed by EFPR Group for the three year period is $138,750. Our current auditors have proposed a three price of $191,700. By awarding to EFRP Group, the Town will save $17,650/ year or $52,950 over the three year period. It will also provide a good opportunity to have a fresh perspective on the Town's finances with constructive recommendations. ACTION REQUESTED: The Town Board approve the agreement with EFPR Group for auditing services at an annual cost of $46,250 and additional hours at $135-300 per hour for any additional services and authorizing the Town administrator to sign the engagement letter for the 2021, 2022 and 2023 audit. Page 71 of 103 September 27, 2021 Ms. Tracy Yogman, CPA Town Comptroller & Receiver of Taxes Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Dear Tracy: a)EFPRGRouP C 6390 Main Street, Suite Williamsville, NY 14221 P 716.634.0700 TF 800.546.7556 F 716.634.0764 W EFPRgroup.com Attached are our engagement letters to provide audit and related services to Town of Mamaroneck for the year ending December 31, 2021. If the terms of the letters are satisfactory to you, please sign the letters and return them to me at your convenience. Please call me if you have any questions. Very truly yours, EFPR GROUP, CPAs, PLLC Douglas E. Zimmerman, CPA Partner DEZ:kms Enclosure Page 72 of 103 September 27, 2021 Ms. Tracy Yogman, CPA Town Comptroller & Receiver of Taxes The Town Board Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Dear Ms. Yogman: We are pleased to confirm our understanding of the services we are to provide the Town of Mamaroneck (the Town) for the year ending December 31, 2021. We will audit the financial statements of the governmental activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements, of the Town as of and for the year ending December 31, 2021. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the Town's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the Town's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by U.S. generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis 2) Schedule of Changes in the Town's Total OPEB Liability and Related Ratios 3) Schedule of the Town's Proportionate Share of the Net Pension Liabilities 4) Schedule of Town's Pension Contributions Page 73 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 2 We have also been engaged to report on supplementary information other than RSI that accompanies the Town's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditor's report on the financial statements: 1) Schedule of Expenditures of Federal Awards 2) Comparative Balance Sheet - General Fund 3) Comparative Schedule of Revenue, Expenditures and Changes in Fund balance - Budget and Actual - General Fund 4) Schedule of Revenue and Other Financing Sources Compared to Budget - General Fund 5) Schedule of Expenditures and Other Financing Uses Compared to Budget - General Fund 6) Comparative Balance Sheet - Town Outside Villages Fund 7) Comparative Schedule of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual - Town Outside Villages Fund 8) Schedule of Revenue and Other Financing Sources Compared to Budget - Town Outside Villages Fund 9) Schedule of Expenditures and Other Financing Uses Compared to Budget - Town Outside Villages Fund 10) Comparative Balance Sheet - Highway Fund 11) Comparative Schedule of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual - Highway Fund 12) Combining Balance Sheet - Sub -Funds - Special Districts Fund 13) Combining Schedule of Revenue, Expenditures and Changes in Fund Balances - Sub -Funds - Special Districts Fund 14) Comparative Balance Sheet - Section 8 Housing Assistance Fund 15) Comparative Statement of Revenue, Expenditures and Changes in Fund Balance - Section 8 Housing Assistance Fund 16) Comparative Balance Sheet - Capital Projects Fund 17) Comparative Statement of Revenue, Expenditures and Changes in Fund Balance - Capital Projects Fund 18) Project -Length Schedule - Capital Projects Fund 19) Combining Balance Sheet - Nonmajor Governmental Funds 20) Combining Statement of Revenue, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds 21) Comparative Balance Sheet - Tri -Municipal Cable T.V. Fund 22) Comparative Schedule of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual - Tri -Municipal Cable T.V. Fund 23) Comparative Balance Sheet - Special Purpose Fund Page 74 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 3 24) Comparative Statement of Revenue, Expenditures and Changes in Fund Balance - Special Purpose Fund 25) Comparative Balance Sheet - Debt Service Fund 26) Comparative Schedule of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual - Debt Service Fund Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. The objective also includes reporting on: • Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will include a paragraph that states that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Town's internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Town's internal control and compliance. The Uniform Guidance report on internal control over compliance will include a paragraph that states that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose. Page 75 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 4 Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with the Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. We will issue written reports upon completion of our Single Audit. Our reports will be addressed to Honorable Supervisor and Town Board of Town of Mamaroneck. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis -of -matter or other -matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the Town or to acts by management or employees acting on behalf of the Town. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, an unavoidable risk exists that some material misstatements or noncompliance may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Page 76 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 4 Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. Audit Procedures—Internal Control Our audit will include obtaining an understanding of the Town and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the Town's compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Page 77 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 5 The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the Town's major programs. For federal programs that are included in the Compliance Supplement, our compliance and internal control procedures will relate to the compliance requirements that the Compliance Supplement identifies as being subject to audit. The purpose of these procedures will be to express an opinion on the Town's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. Other Services We will also assist in preparing the financial statements in compliance with Government Finance Officers Association (GFOA) award standards, schedule of expenditures of federal awards, and related notes of the Town in conformity with U.S. generally accepted accounting principles and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, schedule of expenditures of federal awards, and related notes services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including internal controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with U.S. generally accepted accounting principles; and for compliance with applicable laws and regulations (including federal statutes) and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information. Page 78 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 6 Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, including identification of all related parties and all related -party relationships and transactions, (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance, (3) additional information that we may request for the purpose of the audit, and (4) unrestricted access to persons within the Town from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the Town involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the Town received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the Town complies with applicable laws, regulations, contracts, agreements, and grants. Management is also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that we report. Additionally, as required by the Uniform Guidance, it is management's responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan. The summary schedule of prior audit findings should be available for our review. You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains and indicates that we have reported on the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards. Page 79 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 7 You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. You agree to assume all management responsibilities relating to the financial statements, schedule of expenditures of federal awards, and related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Engagement Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management's responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor's reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditor's reports or nine months after the end of the audit period. Page 80 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 8 We will provide copies of our reports to the Town; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of the EFPR Group, CPAs, PLLC and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a cognizant or oversight agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of EFPR Group, CPAs, PLLC personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the a cognizant or oversight agency. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Douglas E. Zimmerman is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Thomas E. Smith is the engagement director and is responsible for supervising the fieldwork. We expect to begin our audit on approximately March 1, 2022 and to issue our reports no later than May 31, 2022. Our fees for these services for the years ending December 31, 2021, 2022 and 2023 will be as follows, as stated in our proposal dated August 16, 2021: Financial statement audit Federal single audit, if required Total 2021 2022 2023 $ 38,500 38,500 38,500 5,000 5,000 5,000 $ 43.500 43.500 43.500 Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our peer review report accompanies this letter. Page 81 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 9 We appreciate the opportunity to be of service to [Name of Governmental Unit] and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, EFPR GROUP, CPAs, PLLC Douglas E. Zimmerman, CPA Partner RESPONSE: This letter correctly sets forth the understanding of Town of Mamaroneck By: Title: Date: Page 82 of 103 Lisa M. Altschaffl, CPA Jeffrey P. Anzovino, CPA, MSA DELUZIO Cole F. B A. Delu, CPA Charles A. zio, CPA & COMPANY, LLP Report on the Firm's System of Quality Control June 8, 2020 To the Partners of EFPR Group LLP and the National Peer Review Committee Joseph E. Petrillo, CPA Stacey A. Sanders, CPA Daniel W. Wilkins, CPA We have reviewed the system of quality control for the accounting and auditing practice of EFPR Group LLP (the firm) in effect for the year ended November 30, 2019. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants (Standards). A summary of the nature, objectives, scope, limitations of, and the procedures performed in a System Review as described in the Standards may be found at www.aicpa.org1prsummM. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. Firm's Responsibility The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any. Peer Reviewer's Responsibility Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. Required Selections and Considerations Engagements selected for review included engagements performed under Government Auditing Standards, including compliance audits under the Single Audit Act and audits of employee benefit plans. As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures. Opinion In our opinion, the system of quality control for the accounting and auditing practice of EFPR Group LLP, in effect for the year ended November 30, 2019, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass; pass with deficiency(ies) or fail. EFPR Group LLP has received a peer review rating of pass. LLP Deluzio & Company LLP C S E P ,401fibr- r p 351 Harvey Avenue, Suite A, Greensburg, PA 15601 // p - 724-838-8322 // f - 724-853-6500 r w ■ AA1 45 South 23rd Street, Suite 102, Pittsburgh, PA 15203 // p - 412-481-1900 // f - 412-481-1923 ®® CPA ASSOCIATES INTERNATIONAL www.DeluzioCPA.com Page 83 of 103 September 27, 2021 Ms. Tracy Yogman, CPA Town Comptroller & Receiver of Taxes The Town Board Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Dear Ms. Yogman: We are pleased to confirm our understanding of the services we are to provide for the Town of Mamaroneck Housing Choice Voucher Fund (the Fund). We will apply the agreed-upon procedure which the Fund and the U.S. Department of Housing and Urban Development (HUD), Public Indian Housing -Real Estate Assessment Center (PIH -REAL), have specified and agreed to, listed in the attached schedule, on the electronic submission and related hard copy documents listed in the attached schedule and the related hard copy documents within the audit reporting package of the Fund as of and for the year ending December 31, 2021. Our engagement to apply the agreed-upon procedure will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and the standards applicable to attestation engagements contained in Government Auditing Standards issued by the Comptroller General of the United States. The sufficiency of the procedure performed or to be performed is solely the responsibility of the Fund and PIH-REAC, and we will require a written acknowledgment of that responsibility. Consequently, we make no representation regarding the sufficiency of the procedure described in the attached schedule either for the purpose for which the agreed-upon procedures report has been requested or for any other purpose. Because the agreed-upon procedure listed in the attached schedule do not constitute an examination or review, we will not express an opinion or conclusion on whether the electronic submission of the items listed in the "UFRS Rule Information" column agrees with the related hard copy documents within the audit reporting package. In addition, we have no obligation to perform any procedures beyond those listed in the attached schedule. We plan to begin our procedures on approximately March 1, 2022 and, unless unforeseeable problems are encountered, the engagement should be completed by May 31, 2022. Page 84 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 2 We will issue a written report upon completion of our engagement that lists the procedure performed and our findings. Our report will be addressed to the Honorable Supervisor and Town Board of Town of Mamaroneck. If, for any reason, we are unable to complete the procedure, we will describe in our report any restrictions on the performance of the procedure, or not issue a report and withdraw from this engagement. You understand that the report is intended solely to describe the procedure performed and the associated findings, and not to provide an opinion or conclusion. Accordingly, the report is not suitable for any other purpose. Our report will include a statement indicating we were not engaged to and did not conduct an examination or review. Our report will also include a statement indicating that we have not performed any additional auditing procedures after the date of our reports on the audited financial statements and supplemental information and a statement indicating that had we performed additional procedures, other matters might have come to our attention that would have been reported to you. Further, we take no responsibility for the security of the information transmitted electronically to PIH-REAC. You are responsible for designing, implementing, and maintaining effective internal controls, including internal controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. An agreed-upon procedures engagement is not designed to detect instances of fraud or noncompliance with laws or regulations; however, we will communicate to you any known and suspected fraud and noncompliance with laws or regulations affecting the electronic submission and related hard copy documents listed in the attached schedule that come to our attention. In addition, if, in connection with this engagement, matters come to our attention that contradict the electronic submission and related hard copy documents listed in the attached schedule, we will disclose those matters in our report. Such disclosures, if any, may not necessarily include all matters that might have come to our attention had we performed additional procedures or an examination or review. You are responsible for the electronic submission of the items listed in the "UFRS Rule Information" listed in the attached schedule of the Town as of and for the year ending December 31, 2021 and that it is in accordance with the hard copy documents also listed in the attached schedule; and for selecting the criteria and determining that such criteria are appropriate for your purposes. You are responsible for providing us with (1) access to all information of which you are aware that is relevant to the performance of the agreed-upon procedure on the subject matter, (2) additional information that we may request for the purpose of performing the agreed-upon procedure, and (3) unrestricted access to persons within the entity from whom we determine it necessary to obtain evidence relating to performing the procedure. You agree to retain a copy of the OMB Uniform Guidance reporting package in its entirety. Page 85 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 3 The attest documentation for this engagement is the property of EFPR Group, CPAs, PLLC and constitutes confidential information. However, we may be requested to make certain attest documentation available to the Secretary of Housing and Urban Development or designee, the HUD Inspector General, or the U.S. Government Accountability Office or their representatives, pursuant to authority given to them by law or regulation. We will notify you of any such request. If requested, access to such attest documentation will be provided under the supervision of EFPR Group, CPAs, PLLC personnel. Furthermore, upon request, we may provide copies of selected attest documentation to HUD or the Government Accountability Office representatives. HUD and the Government Accountability Office may decide to distribute the copies or information contained therein to others, including other governmental agencies. Douglas E. Zimmerman is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it. Thomas E. Smith is the engagement director and is responsible for supervising the fieldwork. At the conclusion of our engagement, we will require certain written representations in the form of a representation letter from management that, among other things, will contain management's assertion that the electronic submission to PIH-REAC of the information listed in the attached schedule agrees with the related hard copy documents within the OMB Uniform Administrative Requirements reporting package. Our fees for these services for the years ending December 31, 2021, 2022 and 2023 will be as follows, as stated in our proposal dated August 16, 2021: December 31, 2021 $ 1,000 December 31, 2022 1,000 December3l, 2023 1.000 Page 86 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 4 We appreciate the opportunity to be of service to the Town and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. If the need for additional procedures arises, our agreement with you will need to be revised. It is customary for us to enumerate these revisions in an addendum to this letter. If additional specified users of the report are added, we will require that they acknowledge in writing their responsibility for the sufficiency of the procedure. Very truly yours, EFPR GROUP, CPAs, PLLC Douglas E. Zimmerman, CPA Partner RESPONSE: This letter correctly sets forth the understanding of Town of Mamaroneck Housing Choice Voucher Fund By: Title: Date: Page 87 of 103 Schedule of A_reg ed -Upon Procedures - Town of Mamaroneck Housing Choice Voucher Fund 1) Compare the electronic submission of the items listed in the "UFRS Rule Information" column with the corresponding printed documents listed in the "Hard Copy Documents" column as shown in the chart below. UFRS Rule Information Hard Copy Documents Balance Sheet, Revenue and Expense and Cash Financial Data Templates (i.e., Supplemental Flow Data (account numbers 1120 to 7100T and Schedules) he S1200 series Surplus Cash (S 1300 series of accounts) Financial Data Templates (i.e., Computation of Surplus Cash, Distributions and Residual Receipts Annual Footnotes 53100 series of accounts Footnotes to Audited Basic Financial Statements Type of Opinion on the Financial Statements andAuditor's Reports on the Financial Statements Auditor Reports (53400, 53500 and 53600 series and Compliance and Internal Control of accounts Type of Opinion on Financial Data TemplatesAuditor's Supplemental Report on Financial (i.e., Supplemental Data) (account number Data Templates 53400-100 Audit Findings Narrative (53800 series of Schedule of Findings and Questioned Costs accounts General Information (53300, 53700 and 53800 Schedule of Findings and Questioned Costs and series of accounts) f ederal Awards Data Page 88 of 103 September 27, 2021 Ms. Tracy Yogman, CPA Town Comptroller & Receiver of Taxes The Town Board Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Dear Ms. Yogman: We are pleased to confirm our understanding of the services we are to provide the Town Justice Court of the Town of Mamaroneck (the Justice Court) for the year ending December 31, 2021. We will audit the statement of cash receipts, cash disbursements and cash balances, including the related notes to the financial statements, which collectively comprise the basic financial statements of the Justice Court as of and for the year ending December 31, 2021. Audit Objective The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the Justice Court's financial statements. Our report will be addressed to the Honorable Supervisor and Town Board of the Town of Mamaroneck. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis -of -matter or other -matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or may withdraw from this engagement. Page 89 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 2 Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the Justice Court or to acts by management or employees acting on behalf of the Justice Court. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures—Internal Control Our audit will include obtaining an understanding of the Justice Court and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards. Page 90 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 3 Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the Justice Court's compliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Other Services We will also assist in preparing the financial statements of the Justice Court in conformity with U.S. generally accepted accounting principles based on information provided by you. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for designing, implementing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including monitoring ongoing activities; for the selection and application of accounting principles; and for the preparation and fair presentation of the financial statements in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, including identification of all related parties and all related -party relationships and transactions, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the Justice Court from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the Justice Court involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the Justice Court received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the Justice Court complies with applicable laws and regulations. Page 91 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 4 You agree to assume all management responsibilities for financial statement preparation services and any other nonattest services we provide; oversee the services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. Engagement Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. The audit documentation for this engagement is the property of EFPR Group, CPAs, PLLC and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a cognizant or oversight agency or its designee. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of EFPR Group, CPAs, PLLC personnel. Furthermore, upon request, we may provide copies of selected audit documentation to a cognizant or oversight agency or its designee. The cognizant or oversight agency or its designee may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies. Douglas E. Zimmerman is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Thomas E. Smith is the engagement director and is responsible for supervising the fieldwork. We expect to begin our audit on approximately March 1, 2022 and to issue our reports no later than May 31, 2022. Our fees for these services for the years ending December 31, 2021, 2022 and 2023 will be as follows, as stated in our proposal dated August 16, 2021: December 31, 2021 $ 1,750 December 31, 2022 1,750 December 31, 2023 1,750 Page 92 of 103 Ms. Tracy Yogman, CPA September 27, 2021 Page 5 We appreciate the opportunity to be of service to the Justice Court and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, EFPR GROUP, CPAs, PLLC Douglas E. Zimmerman, CPA Partner RESPONSE: This letter correctly sets forth the understanding of the Town of Mamaroneck Justice Court By: Title: Date: Page 93 of 103 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: October 20, 2021 SUBJECT: Authorization - Waiver of Permit Renewal Fees ATTACHMENTS: 1. Authorization - Waiver of Permit Renewal Fees Page 94 of 103 ' = Town of Mamaroneck I' F County of Westchester ' 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson, Town Administrator From: William Maker, Jr., Attorney for the Town Subject: Fee for renewing the building permit for 84 Weaver Street Date: October 8, 2021 TEL: 914/381-7815 FAX: 914/381-7809 WMakerJr@TownofMamaroneckNY.org I attach a proposed resolution waiving the fee for renewing the building permit for this property for the reasons stated in the resolution. to 40 q* Printed on Recycled Paper Page 95 of 103 Resolution waiving fee for renewal of the building permit fee for 84 Weaver Street (Section/Block/Lot: 4-6-61) On motion of Councilmember , seconded by Councilmember the Town Board finds and approves the following: WHEREAS, the owner of 84 Weaver Street (Section/Block/Lot: 4-6-61) received a building permit for the construction of a single-family home on this lot on June 7, 2019, WHEREAS, the owner completed construction and received a temporary certificate of occupancy on April 27, 2020, WHEREAS, the newly constructed home was rented to a tenant, who due the COVID-19 pandemic, refused access to the home so that the owner could gather information to complete the paperwork, and the building department could perform the inspections required for the issuance of a permanent certificate of occupancy, WHEREAS, section 106-48 of the Town Code requires a permanent certificate of occupancy to be issued with respect to any building permit issued for the construction of a new single-family home, WHEREAS, pursuant to section 106-42 of the Town Code, a building permit is effective only for one year after the date of its issuance, WHEREAS, because the tenant denied access to the property the owner was unable to procure a permanent certificate of occupancy before the building permit therefor expired, WHEREAS, after a building permit expires, it must be renewed and a fee must be paid for its renewal before the Building Inspector can issue a permanent certificate of occupancy, WHEREAS, the owner has requested that the Town waive the fee to renew the building permit for 84 Weaver Street, WHEREAS, the Building Department has no objection to the waiver of this fee in this unique circumstance, Page 96 of 103 WHEREAS, these facts present a unique situation in that due to the tenant's fears about contracting COVID-19, the owner of 84 Weaver Street was unable to procure a permanent certificate before its building permit expired, NOW THEREFORE, BE IT RESOLVED, that the Building Inspector is directed not to collect the fee that otherwise would be payable for the renewal of the building permit for 84 Weaver Street (Section/Block/Lot: 4-6-61), provided that the owner of that property submits a complete application for a permanent certificate of occupancy within six (6) months of the date hereof, BE IT FURTHER RESOLVED, that because this situation is unique, the Town Board does not consider its action in this matter to be setting a precedent for dealing with the renewal of building permits for other properties within the unincorporated area of the Town. The above resolution was put to a roll call vote: King Fiddelman Elkind Eney Katz Seligson October 8, 2021 Page 97 of 103 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: October 20, 2021 SUBJECT: Authorization - Barton and Loguidice Supplemental Agreement #1 for New Jefferson Street at North Chatsworth Avenue ATTACHMENTS: THIS DOCUMENT IS LOCATED IN THE WORK SESSION SECTION — AUTHORIZATION — BARTON AND LOGUIDICE SUPPLEMENTAL AGREEMENT #1 FOR NEW JEFFERSON STREET AT NORT Page 98 of 103 THIS DOCUMENT IS LOCATED IN THE WORK SESSION SECTION - AUTHORIZATION - BARYON AND LOGUIDICE SUPPLEMENTAL AGREEMENT #1 FOR NEW JEFFERSON STREET AT NORTH CHATSWORTH AVENUE Page 99 of 103 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: October 20, 2021 SUBJECT: Authorization - Barton and Loguidice Supplemental Agreement #2 for Myrtle Blvd. and North Chatsworth Avenue ATTACHMENTS: THIS DOCUMENT IS LOCATED IN THE WORK SESSION SECTION — AUTHORIZATION — BARTON AND LOGUIDICE SUPPLEMENTAL AGREEMENT #2 FOR MYRTLE BLVD. AND NORTH CHATS Page 100 of 103 THIS DOCUMENT IS LOCATED IN THE WORK SESSION SECTION - AUTHORIZATION - BARYON AND LOGUIDICE SUPPLEMENTAL AGREEMENT #2 FOR MYRTLE BLVD. AND NORTH CHATSWORTH AVENUE Page 101 of 103 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: October 20, 2021 SUBJECT: Authorization - Humane Society Agreement ATTACHMENTS: 1. THIS DOCUMENT IS LOCATED IN THE WORK SESSION SECTION — AUTHORIZATION — HUMANE SOCIETY AGREEMENT Page 102 of 103 THIS DOCUMENT IS LOCATED IN THE WORK SESSION SECTION - Authorization — HUMANE SOCIETY AGREEMENT Page 103 of 103 September 22, 2021 1 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD SEPTEMBER 22, 2021 BEGINNING AT 5:00 PM IN CONFERENCE ROOM C AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Nancy Seligson Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilwoman Sabrina Fiddelman Councilman Jeffery L. King ALSO PRESENT: Christina Battalia, Town Clerk Meredith S. Robson, Town Administrator Connie Green O’Donnell, Deputy Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION The Worksession of the Town Board was called to order by Supervisor Seligson at 5:00 p.m. Additionally Present: Lindsey Luft Assistant to the Town Administrator On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Work Session was unanimously opened at 5:00 p.m. Redesign of the Town Website Lindsey Luft stated that the website committee met today with the consultant, and they are pleased with the back end work that has been completed. The Town Board was provided, prior to the meeting, examples of other websites, and asked to rate them. The Town Board Members give their feedback, and discussed the examples. Review – Report of Bids -TA-21-13 Reconstruction of Municipal Sidewalks and Curbing The bids were reviewed and it was noted that the funding is in place. Ms. Robson will discuss timing with the Town Engineer and determine if this will be completed in 2021. Awarding of the contract is on the regular agenda for this evening. September 22, 2021 2 Review – Draft Legislation – Suspension of Building Permit Fees Until the end of 2021 The Town Board reviewed the draft legislation. Ms. Robson stated that it will be difficult to determine the full financial impact, and Mr. Maker reminded the Town Board that the waiver is only for permits issued for storm damage repairs. Update – Sanitation Commission The Town Board reviewed a resolution drafted by Jim Staudt, the Commission and Village Attorney. Supervisor Seligson stated that the Commission reviewed the resolution and dates were changed to reflect the arrangement through 2022. Councilwoman Elkind Eney asked that a sunset date be reflected in the agreement, as to be clear that this arrangement is temporary. The Town Board determined a date of September 1, 2022. This would give enough time for the 2023 budget discussions. Mr. Maker will draft a new resolution. Supervisor Seligson will notify the Village Mayor of the amended resolution. Review – Garit Lane Restriction of Overnight Parking There was no additional discussion. The public hearing is set for this evening. Discussion - Marihuana Regulation and Taxation Supervisor Seligson asked the Town Board if they are prepared to move forward with opting out, assuming there is not an outpouring of residents this evening who are in favor of opting in. The Town Board agreed and asked Mr. Maker to draft legislation to that effect for review at the next meeting in preparation for setting a public hearing. NEW BUSINESS Ms. Robson reported that based on recent discussions with the Police Department regarding implementation of the Police Reform and Reimagining Plan, she would like to prepare a memo for review at an upcoming Town Board Meeting. Additionally, there are budgetary items that need to be discussed with the Town Board, and she will address them in her memo. Councilman King addressed the proposal to formalize the Racial Equity Task Force, as well as a renaming. The Task Force has discussed seven to nine members. The Task Force was to meet this coming Monday, but the meeting needed to be rescheduled. Supervisor Seligson would like to see a memo of the purpose of the committee to help in the discussion of formalizing. Mr. Maker suggests the Task Force discuss qualifications for members, such as law enforcement and clergy, for example. With respect to Pryer Manor Road, Mr. Maker stated that his initial, unofficial finding is that this is not a municipal street. Mr. Maker stated that his findings show that easements were done with the intention for the roadway to be dedicated. Supervisor Seligson will report back to the residents’ that the Town is still awaiting the final title searches. It was suggested that the residents’ be referred to a municipal contractor for potentially favorable pricing. If it is determined that the roadway belongs to the Town, the Town could reimburse the residents. September 22, 2021 3 With respect to 5G, it was reported that draft legislation has been drafted by the consultant and will be reviewed by the 5G Committee. The 5G Committee consists of Rich Polcari, Rob Wasp, Connie Green O’Donnell and Lindsey Luft. Mr. Maker would then finalize the draft law to conform with Town law. The goal is to have a draft by October 1, for review by the Committee. Ms. Robson reported that she would be meeting next week with staff to review the recommendations of the Sustainability Collaborative with respect to amendments to the Town Tree law. Ms. Robson will be meeting with staff to analyze the Hampshire Golf Club property, its potential, financial implication, legalities, and general due diligence. The Town Board agreed that moving forward they would like to meet as a Town Board in person. Councilwoman Fiddelman reported that she hopes the Zoning Board can move toward more audio visual presentation and move away from the use of easels. EXECUTIVE SESSION On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Town Board agreed to enter into an Executive Session to discuss the employment history of a particular corporation, and potential litigation involving the Westchester Joint Water Works. On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the Board unanimously agreed to leave Executive Session. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 p.m. Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this evening. SUPERVISOR’S REPORT It has been an eventful three weeks since our last Town Board meeting and the main event actually took place that night. Hurricane Ida hit our community the night of September 1st. The rain fall from the Hurricane has been estimated at 8.5 inches in less than 24 hours. Many residents had terrible flooding and destruction to their homes and businesses. Hundreds of residents lost everything they had in their basements and some first floors. One family living on the Brook couldn’t find their car the morning after the storm. It was found four days later in the duck pond after the water had subsided. That means the force of the rain swept the car from their driveway under or around bridges and down the falls into the duck pond. September 22, 2021 4 The cleanup from the storm was monumental. The Sanitation Commission staff worked 13 days in a row. There was a 119% increase in material collected and delivered to Westchester County for the 17 days following the Hurricane compared to 2020. That is close to two months of waste in 17 days. This doesn’t include the weight for the materials collected by the Town and Village Highway Departments that was delivered to the Suburban Carting in the Village of Mamaroneck. The Town Highway Department staff also worked 12 days in a row, four of those in the Village of Mamaroneck to pick debris and flood soaked household items. It was a herculean effort to collect all of this material in just 17 days. There is extensive shoulder washout, curb and pavement damage, exposed sewer pipes, underground settlement, and displaced catch basin castings on several roads in the Town. We also have culvert and bridge damage. At this time, we estimate the repairs at $1 million. The Larchmont Reservoir rose to overflow into the spillway and came very close to overflowing the dam. Many residents and businesses in the Village of Mamaroneck fared even worse. The Mamaroneck and Sheldrake Rivers that drain large areas of Westchester County converge in the Village of Mamaroneck and caused severe flooding. Three hundred and fifty people were affected and 91 families required housing assistance. The Red Cross set up a shelter at MHS and Westchester County Department of Social Services is now working to shelter those families in a hotel in White Plains. Port Chester, Rye City, New Rochelle, and Harrison also sustained severe flooding. The good news is that our community came together and stepped up to help our neighbors. People volunteered to clean out houses, donate goods, and financially support those in need. We are lucky to have a social service network that is part of the fabric of our community: the Community Resource Center in the Village of Mamaroneck. The Community Resource Center quickly became the go-to entity to reach the folks in need. The CRC contacts and relationships with the community make them a critical part of the emergency response and rescue infrastructure for the community. Amazingly, other events and business continued as well. We held the annual September 11 Commemoration and I want to thank Deputy Supervisor Jaine Elkind Eney for leading that event. Larchmont Village held their Larchmont Day last Saturday with fun and games for kids and families. We had the ribbon cutting for the new locker rooms at the Hommocks Ice Rink that Jaine will elaborate on later. I want to thank all the volunteers and staff that worked on that project and especially Deputy Supervisor Jaine Elkind Eney for her spearheading and dedication to the project. This morning the Village of Larchmont had a ribbon cutting for the first First-Ever Municipal ‘Green- Zone’ at Larchmont’s Kane Park on September 22nd. I’m proud of the Village for being the model for green landscaping and quiet communities by eliminating the use of leaf blowers and pesticides and herbicides. Finally, the Shredder Mobile will be at Maxwell Avenue Recycling Center this Saturday, September 25 from 10 to 1. PUBLIC HEARING (S) – “Elimination of Overnight Parking on Garit Lane” Law The following Notice of Public Hearing is entered into the record as follows: September 22, 2021 5 PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, September 22, 2021 at 8:00 PM or as soon thereafter as is possible, to consider the “Elimination of Overnight Parking on Garit Lane” Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: On May 2, 1984, it was decided to allow parking between the hours of 3:00 am (prevailing time) and 6:00 am (prevailing time) on Garit Lane. Over the last thirty plus years circumstances have changed and therefore like most of the streets within the Town, overnight parking on Garit Lane should be prohibited. The full text of this document can be viewed on the website or copies can be obtained at the Town Clerk's office during regular hours, Mon-Fri, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, NY PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: September 18, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Supervisor Seligson stated that for the audience it might be helpful to hear comments from the Town Board, and then from the residents. The Town Board members each spoke and stated reasons why they are in favor of eliminating overnight parking. Cathy Bennet, 1 Garit Lane, stated that she doesn’t see any warehousing of cars and is very much in favor of overnight parking. Gabriel Colletti, stated that yes, warehousing is a problem. Dan Smith, 5 Garit Lane, stated he sees warehousing as the major problem, exacerbated by the residents of Garit Lane trying to limit nonresident parking. Jane Sactola, 9 Garit Lane, stated that warehousing is especially problematic in the winter, adding she does not think the street was plowed once last year. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following Local law was adopted: September 22, 2021 6 Local Law No. 12 - 2021 This local law shall be known as the “Elimination of Overnight Parking on Garit Lane” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: On May 2, 1984, it was decided to allow parking between the hours of 3:00 am (prevailing time) and 6:00 am (prevailing time) on Garit Lane. Over the last thirty plus years, circumstances have changed and therefore like most of the streets within the Town, overnight parking on Garit Lane should be prohibited. Section 2 – Amendment of a section of the Town Code: Section 219-21 of the Code of the Town of Mamaroneck hereby is amended as follows: In the column entitled “Name of Public Highway, delete the words: “Garit Lane” In the column entitled “Direction of Travel”, delete the word: “Both” In the column entitled “Location”, delete the words Section 3 – Sign(s) to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surface of Garit Lane indicating where a full stop is required by this law. Section 4 – 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 5 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye September 22, 2021 7 PUBLIC COMMENT – Marihuana Regulations and Taxation This was the second of two public comment sessions to hear from the public on this legislation. Supervisor Seligson noted that the Town has received 30-40 emails mostly in favor of opting out, and just a few to opt in. Supervisor Seligson stated that the Town Board is of the feeling that we can opt in at a time in the future, but we cannot opt out later. No one from the public was in attendance. CITIZEN’S COMMENTS George Talt of 167 Hickory Grove Drive East, and representing the Larchmont Gardens’ Civic Association, addressed the Town Board. Mr. Talt stated he had a number of items to bring to the Town’s attention. 1) Storm Damage that still needs attention 2) Hickory Grove sidewalk – thank you! 3) Halloween Costume Walk set for October 30 at 2:30 4) FEMA requests please remember the Brook and the Pond 5) please keep us posted on the Rocky Road stop sign 6) Traffic Committee has received paperwork to review Ellsworth and E. Garden 7) historical scanning project continues 8) two plaques are on the docket for tree planting. BOARD OF FIRE COMMISSIONERS Commissioner Seligson called the Meeting to order, then on motion of Commissioner Elkind Eney, seconded by Councilman King, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King 1. FIRE CLAIMS On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED that this Commission does hereby authorize payment of the following Fire Department Claims as approved by the Fire Chief and audited by the Comptroller’s Office: ATTACHMENT A September 22, 2021 8 The above resolution was put to a roll call vote: Commissioner King Aye Commissioner Fiddelman Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Seligson Aye 2. Other Fire Department Business Commissioner Elkind Eney reported that there was an historic number of calls during Hurricane Ida. Thankfully, there was no loss of life. Thank you to all the first responders. There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner King, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Salary Authorization – Secretary to the Town Administer On motion of Councilwoman Elkind Eney, seconded by Councilman King. It was RESOLVED, that the Mamaroneck Town Board does hereby appoint Margaret Delohery to the position of Secretary to the Town Administer, effective September 23, 2021. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2. Award Contract TA-21-13 Reconstruction of Municipal Sidewalks and Curbing On motion of Councilman King, seconded by Councilwoman Elkind Eney, the following was approved; WHEREAS, on September 15, 2021 the Town publically opened and read seven (7) bids for Contract TA-21-13 Reconstruction of Municipal Sidewalks and Curbing. NOW, THEREFORE, BE IT September 22, 2021 9 RESOLVED, that the Mamaroneck Town Board does hereby award TA-21-13 Reconstruction of Municipal Sidewalks and Curbing, to C.M.C. Contractors, Inc., the lowest responsible bidder meeting all of the Town’s requirements, for a total base bid amount of $181,550.00, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Set Public Hearing – “Suspension of Building Permit Fees due to the Damage Wrought by Tropical Storm Ida” Law On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Suspension of Building Permit Fees due to the Damage Wrought by Tropical Storm Ida” Law, for October 6, 2021 at 8:00 p.m., at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said Notice, be posted. ADDED ITEMS 4. Appointments to Boards and Commissions On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that Alan Mason be reappointed to the position of Member 4, of the Coastal Zone Management Commission, and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointees taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on August 31, 2024. September 22, 2021 10 On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that Matthew Wrzensniewsky be appointed to the position of Member A, of the Town of Mamaroneck Traffic Committee, and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointees taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on December 30, 2021. 5. Termination Agreement – AKRF On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Termination Agreement between the Town of Mamaroneck and Allee King Rosen and Fleming, Inc. (AKRF), in connection with the contract to provide professional services toward the preparation of a comprehensive plan for the Town, and BE IT, FURTHER RESOLVED, that the Termination Agreement be amended to require that the deliverables detailed in the original agreement be provided in exchange for final payment due, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said Termination Agreement on behalf of the Town. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. September 22, 2021 11 ADJOURNMENT On motion of Councilwoman Elkind Eney, seconded by Councilman King, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk October 6, 2021 1 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD OCTOBER 6, 2021 BEGINNING AT 5:00 PM IN CONFERENCE ROOM C AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Nancy Seligson Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilwoman Sabrina Fiddelman Councilman Jeffery L. King ALSO PRESENT: Christina Battalia, Town Clerk Meredith S. Robson, Town Administrator Connie Green O’Donnell, Deputy Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION The Worksession of the Town Board was called to order by Supervisor Seligson at 5:00 p.m. Additionally Present: Lindsey Luft Assistant to the Town Administrator On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Work Session was unanimously opened at 5:00 p.m. ADDED ITEM Councilwoman Fiddelman gave an update on the Housing Authority. Councilwoman Fiddelman stated that over the last two years, the Board members have turned over two times, but now the Board seems cohesive. Gramatan Management may not want to renew their contract with the Town for property management. The property is aging and is in need of some major repairs. Specifically, windows, joists, and new gas lines. This will require bonding, which the Town will need to underwrite. Request for Executive Session On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Board unanimously agreed to enter into an Executive Session to discuss the employment of a particular corporation, and proposed and existing litigation. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the Board unanimously agreed to resume the Worksession. October 6, 2021 2 Review – Draft Three-Year Paving Plan and Budget Recommendations Presented by Rob Wasp the Town Engineer. The Town Board reviewed a memo from Mr. Wasp dated September 29, 2021, which included background, budgetary analysis and tentative road paving lists. Report of Bids – Contract TA-21-12 Upgrade of Highway Garage and Bay Doors Mr. Wasp also presented this item. The Town Board reviewed a memo from Mr. Wasp dated September 30, 2021. The Engineering Department recommends awarding the Contract to High Touch, LLC, contingent upon the cost savings of $21,000 be reconciled and credit to be given immediately upon award of contract. Review – Building Permit Renewal Fees The Town Board is being asked to consider a relief from the permit renewal fee for 84 Weaver Street. The Town Board reviewed the details of the request. Mr. Maker stated that the request seemed valid under the circumstances. Mr. Maker will draft a proper resolution authorizing this waiver for the next Town Board meeting. Supervisor Seligson noted that the Town might wish to amend the Town law by adding verbiage to this effect. Paperless Agenda Deferred Police Reform and Reinvention Plan Additionally Present: Police Chief, Paul Creazzo The Town Board received a memo from Ms. Robson with an update. The Town Administrator has met with the Police Chief regarding the reform and reinvention process. The memo detailed recommendations under the categories of Community Policing, Bias Free Policing, Training, Equipment, Complaint Procedures and Oversight/Discipline, Westchester County and Police Accreditation. The Town Board received memos discussing the Principled Policing Program, the Accreditation Program (LEAP), the Four Year Training Rotation and budgetary costs. The Chief discussed the benefits of the Accreditation Program. Town Board members were overall happy with the proposal, but did ask for more community involvement. The purchase of Tasers was discussed, and although the Chief is in favor of initiating their use, members specified that the purchase should not be associated with the Police Reform and Reinvention Plan, as this was not part of those discussions or part of the Racial Equity Task Forces’ recommendations. Discussion – Sanitation Commission Additionally present: Steve Altieri Commission Administrator October 6, 2021 3 Mr. Altieri stated that he recently met with Mayor Walsh regarding the newest draft resolution. Mayor Walsh felt strongly that 2023 needed to be reflected in the resolution. Supervisor Seligson stated that the Town Board did not want to be tied to an agreement through 2023. Mr. Altieri stated that no matter what the Commission decides the Commission will need 4-6 months to make any transition, and in order to keep momentum, the June 1 deadline in the resolution needs to remain. Mr. Altieri has been requested by the Commission to prepare a required map, plan and report for a proposed District, and that process is almost complete. To move forward with a District, there will be a required public hearing on the map, plan and report, and a permissive referendum. The Town Board was inclined to maintain the arrangement of 59% / 41% with the Village through 2023 if needed, as it would be more productive to focus discussions in 2022 on more substantial matters than renegotiating percentages. The Town Board would like to have a direction and decision for the future structure of sanitation services by June 1, 2022. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 p.m. Supervisor Seligson noted that the Town Board met for a worksession beginning at five o’clock this evening. SUPERVISOR’S REPORT The fourth Annual Food Truck festival was a resounding success last Saturday, October 2. On the most beautiful day of the year, thousands of people gathered in Memorial Park for live music, demonstrations from the TMPD, TMFD and Ambulance District, face painting, games, a pumpkin patch, and of course food. Hay bales, strategically placed on the lawn, offered comfortable and attractive seating. It really was a wonderful festival. Many thanks to the Town Recreation and Fire Department for organizing and running the event. The annual Fall Coastal Cleanup was also a great success last Saturday. Fifty six volunteers met at the Leatherstocking/Sheldrake Trails that morning to clean up litter from the trails and the river. Hurricane Ida flooding caused tons of material to wash into our local rivers and streams that required heavy lifting to remove it. The majority of the volunteers were FASNY students and they removed a large wicker chair, two wooden doors, metal pipes, wooden planks, a window screen and ceramic tile from the river and streams. Our fall cleanup is part of the International Coastal Cleanup Day that catalogues all of the litter collected around the world. That helps to understand the makeup of litter so that the UN and nations can draft policies and laws to address it. Amid the 650 pounds of material collected last Saturday, there were 118 plastic bags. All litter is ugly, but plastic is particularly hazardous to marine wildlife and plants and it never biodegrades. It just breakup into smaller pieces. Thank you to Sustainability Coordinator Sue Odierna and Conservation Director Liz Aitchison for organizing and running the event. The Larchmont Mamaroneck Lions Club held a Community Fair on September 25 showcasing many of the nonprofit and community organizations in our area. I was pleased to see members of so many organizations and have the chance to thank them for their work. October 6, 2021 4 I am a member of the Westchester County Stormwater Advisory Board which reviews Stormwater projects in the County for funding. The Waverly and Hillside Avenue bridge repair and improvement projects in the Village of Mamaroneck were recently reviewed by the board and are eligible for funding. I met with the NYS DEC to visit a new living shoreline project in the Town of Mamaroneck. The latest BMPs and technology show that natural buffers provide the best protection against storm surge and flooding. A portion of a vertical sea wall was removed at this site and replaced with wetland plantings and a gravel medium. This site will be a model for DEC staff to encourage others to consider remediation. Meredith and I visited the new Humane Society shelter in New Rochelle to discuss our contract with them. The shelter has been completely renovated and rebuilt. It is beautiful with modern improvements that benefit staff and animals. It is a complete transformation from the old shelter. We continue to work with the Village of Larchmont to discuss the future structure of the Sanitation Commission and move toward beginning the Comprehensive Plan Update as well. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience wished to address the Town Board, and there was not. BOARD OF FIRE COMMISSIONERS Commissioner Seligson called the Meeting to order, then on motion of Commissioner Elkind Eney, seconded by Commissioner Katz, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King 1. Fire Department Business Commissioner Elkind Eney reported that the Department received so many calls during Hurricane Ida, and the final report is still being generated. The Chiefs’ met with the Thruway Authority and finalized approval to move the I95 entrance 550’ to enable emergency vehicles to enter I95 to then make a safe turnaround to the other side of the highway. The next phase will be design and engineering and to finalize funding. The Department is working with State Senator, Shelley Mayer and State Assemblyman Steve Otis on funding. October 6, 2021 5 There being no further business to come before the Commission, on motion of Commissioner Elkind Eney, seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. PUBLIC HEARING – “Suspension of Building Permit Fees due to the Damage Wrought by Tropical Storm Ida” Law The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, October 6, 2021 at 8:00 PM or as soon thereafter as is possible, to consider the “Suspension of Building Permit Fees due to the Damage Wrought by Tropical Storm Ida” Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: Tropical Ida inflicted tremendous damage to properties within the Town which, in many cases, will require substantial work to rectify. Since this overwhelming destruction will cost residents and business owners of the unincorporated area thousands of dollars to fix, the Town Board determines that the suspension of permit fees for a limited time is appropriate. The full text of this document can be viewed on the Town’s website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk’s Office at 914- 381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: September 29, 2021 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously opened. Supervisor Seligson asked if any Town Board Members or the public wished to comment. There were no additional comments or questions. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney, seconded by Councilman King, the following Local law was approved: Local Law No. 13 - 2021 This local law shall be known as the “Suspension of Building Permit Fees due to the Damage Wrought by Tropical Storm Ida” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: October 6, 2021 6 Tropical Ida inflicted tremendous damage to properties within the Town which, in many cases, will require substantial work to rectify. Since this overwhelming destruction will cost residents and business owners of the unincorporated area thousands of dollars to fix, the Town Board determines that the suspension of permit fees for a limited time is appropriate. Section 2 – Addition of a new section of the Mamaroneck Code: The Code of the Town of Mamaroneck hereby is amended to add the following new section: § 106-58a. Temporary suspension of permit fees. A. Upon proof satisfactory to the Building Inspector that an applicant is procuring a permit to perform rehabilitative work due to damage caused by Tropical Storm Ida, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration may issue such permit without collecting the fee that otherwise would be payable. B. This section shall apply only with respect to permits for which a complete application is filed prior to January 1, 2022. 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. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye AFFAIRS OF THE TOWN 1. Set Public Hearing – “Opt-out from the licensure and establishment of a retail dispensary license and/or on-site consumption license authorizing the retail sale of adult-use cannabis to cannabis consumers under the provisions of article four of the New York State Cannabis Law in the unincorporated area of the Town of Mamaroneck” Law On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public October 6, 2021 7 Hearing on the “Opt-out from the licensure and establishment of a retail dispensary license and/or on-site consumption license authorizing the retail sale of adult-use cannabis to cannabis consumers under the provisions of article four of the New York State Cannabis Law in the unincorporated area of the Town of Mamaroneck” Law, for October 20, 2021 at 8:00 p.m., at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said Notice, be posted. 2. Authorization – Permit Renewals Senior Citizen Programs On motion of Councilwoman Fiddelman, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the permit renewals with the Westchester County Department of Health for Food Service Establishment Owners and Operator, with respect to the Senior Nutrition Program at the Senior Center, and the Meals on Wheels Program. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Award Contract TA-21-12 Upgrade of Highway Garage Bay Doors On motion of Councilman King, seconded by Councilwoman Katz, the following was approved; WHEREAS, on August 31, 2021 the Town publically opened and read one (1) bid for Contract TA-21-12 Upgrade of Highway Garage Bay Doors. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award TA-21-12 Upgrade of Highway Garage Bay Doors to High Touch, LLC., the lowest responsible bidder meeting all of the Town’s requirements, for a total base bid amount of $189,890.00, with the cost savings credit offered in the amount of $21,000.00, to be reconciled immediately following the award of the contract, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: October 6, 2021 8 King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 4. Appointments to Coastal Zone Management Commission On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that Matthew Teitsch be reappointed as Member 3 of the Coastal Zone Management Commission, and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointees taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on September 30, 2024, and On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that Maurizio Bertini be reappointed as Member 2 of the Coastal Zone Management Commission, and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointees taking and subscribing the oath mandated by section 25 of the New York Town Law and shall expire on September 30, 2024, and 5. Settlement of Certiorari On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Kathleen Wright 329 Center Avenue Section/Block/Lot: 8-31-20 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2019 $1,165,000 $240,000 $925,000 2020 $1,165,000 $215,000 $950,000 The above resolution was put to a roll call vote: October 6, 2021 9 King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 6. Authorization – Contract PACE Land Use Law Center On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement with the PACE Land Use Law Center for Comprehensive Plan services for a cost not to exceed $135,000, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 7. Authorization – Study for the Larchmont Mamaroneck Joint Garbage Disposal Commission On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize Stephen V. Altieri, as Administrator for the Larchmont Mamaroneck Joint Garbage Disposal Commission, to prepare a study of the Commission. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye October 6, 2021 10 APPROVAL OF MINUTES On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of September 1, 2021. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk