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HomeMy WebLinkAbout2022_01_19 Town Board Meeting PacketTOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, January 19, 2022 5:OOPM THE TOWN BOARD WORK SESSION: The Work Session will convene in the Senior Center. 1. Review of Bids - TA -21-16 - On -Call Town Infrastructure Repairs 2. Discussion - COVID Policy 3. Review - Pension Reporting 4. Review - Town's Public Portal 5. Discussion - Senior and Disability Exemption 6. Review - IMA - Waverly Bridge Sidewalk 7. Review - IMA - Bus Shelter 8. Request for Executive Session 8:OOPM TOWN BOARD REGULAR MEETING: The Town Board meeting will convene in the Senior Center. The public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org. SUPERVISOR'S REPORT PUBLIC HEARING 1. 2021 Increase in the Tax Exemption for Cold War Veterans 2. 2021 Increase in the Alternative Veterans Tax Exemption CITIZEN COMMENTS STAFF COMMENTS/ PRESENTATIONS BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Authorization - Purchasing of a Fire Truck AFFAIRS OF THE TOWN OF MAMARONECK 1. Report of Bids - TA -21-16 - On -Call Town Infrastructure Repairs 2. Authorization - Town's Public Portal 3. Authorization - 2022 Part-time, Seasonal and Part-time Availability Salary Schedule 4. Salary Authorization - Police Officer 5. Salary Authorization - General Manager of the Hommocks Park Ice Rink Page 1 of 116 6. Adoption - Senior and Disability Exemption 7. Authorization - IMA - Waverly Bridge Sidewalk 8. Authorization - IMA - Bus Shelter 9. Certiorari REPORT OF MINUTES Report of Minutes from the December 15, 2021 Town Board Meeting REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETING - Wednesday, February 2, 2022 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 116 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: January 14, 2022 TO: Meredith Robson, Town Administrator CC: Tracy Yogman, Town Comptroller FROM: Robert Wasp, P.E., Town Engineer SUBJECT: Recommendation of Contract Authorization TA -21-16 — On -Call Town Infrastructure Repairs GENERAL: Bid procurement was recently completed for the Town's on-call infrastructure repairs contract. The on-call repairs contract was designed to provide agreed-upon unit prices for various categories of common contractor work. This award provides the ability to assign small projects through an existing publicly advertised and authorized contract. Work intended to be awarded would be limited to small public works improvements valued at less than $35,000. The on-call contract could also be utilized for emergency work authorizations where immediate public safety concerns warrant expedited procurement. Planned capital improvements such as the Gardens Lake Archway Masonry Repairs and Barker Cemetery Retaining Wall Reconstruction (CP -2019- 65) are good candidates based upon project size. Larger scale improvements such as annual paving, sidewalk replacement; and other Town projects that already require consultant preparation of full design documents will continue to be procured through individually advertised bids. On December 9th, 2021, six (6) bid proposals were received for the referenced contract as summarized on the attached bid tabulation table. The overall lowest responsive bidder is Peter J. Landi Inc. at the submitted price for stipulated work quantities of $598,100.00. Second lowest and third lowest proposals were received from Paladino Concrete Creations Corp. and ELQ Industries at $761,355.00 and $854,710.00, respectively. Bids were reviewed by Town consultant "Al Engineers" All three identified contractors have extensive municipal work experience. Peter J. Landi, Inc. most recently completed the East Hickory Grove Sidewalk Extension, and various roadway infrastructure repairs in the wake of Hurricane Ida. The Town also has broad work experience with ELQ Industries and is familiar with the work quality provided by Paladino Concrete Creations Corp. The Engineering Department recommends authorizations of award to the lowest three bidders Peter J. Landi, Inc., Paladino Concrete Creations Corp.; and ELQ Industries, Inc. based upon their respective submitted proposals. It should be noted that the current authorization requested does not include award of work to a specific construction project. Authorized contractors will be requested to provide proposals for each work assignment in accordance with the agreement terms that will be individually reviewed Page 3 of 116 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 and authorized in accordance with the Town's procurement policy. Execution of on-call contracts do not bind the Town to award work. The Town is provided flexibility under this approach to award work based upon each contractor's availability, experience and established pricing. Please feel free to contact me with any questions. Page 4 of 116 Town of Mamaroneck On-Call Town Infrastructure Repair Contract #TA-21-16 Page 5 of 116 ® ®0 Page 5 of 116 Engineers Dolph Rotfeld Engineering Division MEMO TO: Robert P. Wasp, P.E., Town Engineer FROM: Anthony Oliveri, P.E. Vice President DATE: December 14, 2021 SUBJECT: On -Call Town Infrastructure Repairs Town of Mamaroneck Contract No. TA -21-16 570 Taxter Road, Suite 300 Elmsford, NY 10523 (914) 631-8600 phone (914) 631-5769 fax www.drepc.com www.aiengineers.com On December 9, 2021, six bids were received for the above referenced project. The bidder with the apparent lowest bid was Peter J. Landi Inc., of Hawthorne, NY with a Total Bid of $598,100. This office has had extensive previous experience with Peter J. Landi Inc. in many municipalities on multiple contracts and have found their work to be satisfactory. In addition, Peter J. Landi Inc. has done work with the Town previously, and most recently on the Hickory Grove Sidewalks and Gardens Lake Pathway Restoration with favorable results. Therefore we can recommend award of the contract to Peter J. Landi Inc.. Please advise us of your decision and when you will be scheduling a meeting with the contractor regarding contract signing, insurance policies and a tentative work schedule. Very truly yours, 6 �7- EDL Anthony Oliveri, P.E. Vice President Recommendation to Award.docx Improving Life. By Design. Page 6 of 116 • 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 and Supervisor Elkind Eney Cc: Connie Green O'Donnell, Deputy Town Administrator Lindsey Luft, Assistant to the Town Administrator From: Meredith S. Robson, Town Administrator Re: COVID Policy Date: January 14, 2022 At this time, I would just like to have the discussion with you about the COVID-19 policy to find out what you would like included in a policy, specifically as it relates to vaccine mandates and testing. I am currently awaiting information from our labor counsel before preparing the policy. Page 7 of 116 Town of Mamaroneck Office of the Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 Christina Battalia, RMC, CMC Mamaroneck Town Clerk MEMORANDUM DATE: December 16, 2021 TO: Newly Elected Town Board Members FROM: Town Clerk TEL: 914/381-7870 FAX 914/381-7813 CBottolio@townofmamoroneckNY.org SUBJECT: Agenda Item TBM January 19, 2022 - RE: NYS Retirement Reporting for Elected & Appointed Officials As a reminder, and for Robin who is new to this requirement, at the beginning of each newly elected term of office, elected and appointed officials, who are members of the NYS Local Retirement System, and do not participate in a time -keeping system, must prepare a record of work related activities for three consecutive months. I have provided fillable word version from the NYS website: https://www.osc.state.ny.us/retirement/members/ea-officials/record-activities-template), and also a link for information and examples on work related and non -work related activities: https://www.osc.state.ny.us/retirement/members/ea-officials/work-related-and-non-work-related- nrtivitiPt_ Officials must then submit their logs to the Town Clerk within 150 days of the start of their term (by May 30, 2022). Upon receipt of the three-month logs, the Town Board must adopt a resolution at its first meeting following 180 days of the start of the new terms. (July 2022). I am available at the office should you have any questions. Christina Page 8 of 116 Town of Mamaroneck Office of the Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 Christina Battalia, RMC, CMC Mamaroneck Town Clerk MEMORANDUM DATE: January 14, 2022 TO: Town Board FROM: Town Clerk SUBJECT: Weblink Public Portal TEL:914/381-7870 FAX: 914/381-7813 CBattalia@townofmamaroneckNY.org Attached please find a resolution authorizing the implementation of the Laserfiche Weblink Public Portal. The first phase of the Laserfiche Weblink Portal was the implementation of the internal, forward facing, access which was begun in 2020 and completed last year. Access has been given, and training provided, to Department Heads and many staff members, as determined through discussions with Department Heads. Based on these discussions, access and security features were established and administrated by Laura DeMuro, the Laserfiche Administrator. Phase two, which we have been planning for quite some time, is access to our Weblink Public Portal. This has been a carefully curated series of documents and folders, which includes ONLY public documents that have been defined as open to the public, such as annual reports, budgets, Local laws, Master Plans, Minutes, meeting packets, and published reports/studies/manuals. A housing folder that contains public information on the creation of an affordable housing complex in the town. Cemetery records folder that are public genealogical information on burial grounds in the town. Land Use folder containing land use related public reports, studies, and legal papers as well as previously adopted resolution authorizing the zoning laws. We have met and worked with the Shyam Pandya, Marino Delzotto, the Town's IT consultant and the Town's cyber security firm, O'Connor Davies, to verify that all necessary security is in place and follows all of the Town's Cyber Security policies and procedures. The resolution we have prepared confirms that. Currently the Building Department files are not part of this phase. We will prepare to have a demo of the various folders and documents available to the public during the work session. Once this authorization is approved, we anticipate that we could have access available to the public in February. Page 9 of 116 RESOLUTION TO DESIGNATE LASERFICHE PUBLIC ACCESS FOLDER TO BE VIEWED BY THE PUBLIC THROUGH THE PUBLIC PORTAL WHEREAS, as the world has moved further into the digital age, residents require and expect the efficiency and availability of information that comes from online technologies; and WHEREAS, the Town of Mamaroneck in response has created a Weblink (Public Portal) through Laserfiche, the Town's Electronic Document Management System; and WHEREAS, documents have been scanned into the following public access folders: Annual Reports, Budgets, Cemetery Records, Housing Authority, Land Use, Local Laws, Master Plans, Minutes, Meeting Packets, Policies/Procedures/Manuals, Reports/Studies/Surveys, Roadways/Traffic, and Town History, and WHEREAS, the records contained in the public access folders have been analyzed and curated to be made available to the public, and WHEREAS, the IT Director and the Town's Information Security consultant have determined that access by the public through the Laserfiche Public Portal is operationally feasible and can be securely implemented, and WHERAS, the Town's Laserfiche Administrator, will implement and maintain the folder level permissions in the Laserfiche Repository, and the IT Director will implement and maintain the appropriate security controls as defined by the Town's Cyber Security Policy. NOW THEREFORE BE IT RESOLVED, that the Mamaroneck Town Board does hereby approve the access of the Laserfiche Weblink (Public Portal) to the public, and the contents of the public access folders to be available and viewed by the public. Page 10 of 116 COUNSEL Town of Mamaroneck County of Westchester 740 West Boston Post Road, Mamai-oneck, NY 10543-3353 MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson, Town Administrator Pamela R. Valenza, Assessor From: William Maker, Jr., Attorney for the Town Subject: Renewal of certain tax exemptions Date: January 14, 2022 TEL: 914/381-7815 FAX: 914/381-7809 WMakerJr@TownofMamaroneckNY.org Persons seeking to renew tax exemptions based upon age or disability must file an application to renew their exemptions annually. Due to the pandemic, former Governor Cuomo issued an executive order that allowed assessors to renew such exemptions without a formal application, thereby making it unnecessary for the applicant to come into personal contact with the assessor's office. Governor Hochul has given each community the option to continue this policy. The Town Board can exercise that option by passing a resolution allowing Pamela to renew such exemptions without the need of a renewal application; however, the Governor's Executive Order provides for a'carve-out'. A community can authorize its assessor to require a renewal application if the assessor bias reason to believe that an individual, who qualified for the exemption in 2021, may have changed his/her primarti, residence, convened the property to him/herself and another person, transferred such property fo a ne�v owner or died. Pamela considers having the flexibility to make inquiries into such matters to be the responsible %vay of establishing the 2022 assessment roll. I attach a proposed resolution that if passed by the Town Board, will exercise the option given by the Governor with the 'carve -out- mentioned above. 4M Printed on Recycled Paper Page 11 of 116 On motion of Council seconded by Council the following was approved, Whereas, on December 26, 2021., Governor Kathy Hochul issued Executive Order No. 11, declaring a State disaster emergency for the entire State of New York due to the COVID-19 pandemic, and Whereas, this State disaster emergency has resulted in limited access to the Town Center where the Assessor maintains her office and has rendered many of the Town's senior citizens and individuals with disabilities homebound, making it difficult, if not impossible, for many of these people to file their real property tax exemption applications in person, and Whereas, many within these categories further, lack the ability to file such applications online, and Whereas, in recognition of the above problems caused by the pandemic, Governor Hochul issued Executive Order No. 11.1 on December 26, 2021., extending Executive Order No. 1.1., and Whereas, this extension, among other things, modifies subdivisions 7, 7-a and 8 of section 459-c of the Real Property Tax Law and subdivisions 5, 5-a, 5-b, 5-c and 6 of section 467 of the Real Property Tax Law, the effect of which permits the Town Board to adopt a resolution that (a) directs the Assessor to grant exemptions on the 2022 assessment roll to all property owners who received such exemptions on the 2021 assessment roll either because they are senior citizens with. limited income or individuals with disabilities and limited income without the need for such persons to file renewal applications to request such exemptions, and (b) eliminates the requirement that the Assessor mail renewal applications to such persons, and Whereas, Executive Order 11.1 further allows the Town Board the option to include procedures by which the Assessor .may require a renewal application to be filed if she has reason to believe that an owner who qualified for the exemption on the 2021 assessment roll may have since changed his/her primary residence, conveyed the property to him/lzerself and another person, transferred the property to a new owner or died, and Whereas, the Town Board wishes to exercise the option given to it by Executive Order No. NOW THEREFORE, BE IT RESOLVED, that pursuant to the authority granted by Executive Order No. 11.1, issued by the Governor of the State of New York, the Town Board hereby directs the Assessor to grant exemptions on the 2022 assessment roll to all individuals who received the senior exemption on the 2021 assessment roll and all individuals who received the exemption on the 2021 assessment roll because they were recognized as a person with disabilities and limited income, without requiring any such individuals to file renewal applications for Page 12 of 116 their exemptions, except that the Assessor may, in her sole discretion, require a renewal application to be timely filed if she has reason to believe that an individual, who qualified for the aforementioned exemption on the 2021 assessment roll, may have since changed his/her primary residence, conveyed the property to him/herself and another person, transferred such property to a new owner or died, and BE IT FURTHER RESOLVED, that if the Assessor requires such renewal application be filed, she shall notify the owner of the subject property of such requirement by regular mail, and with such notice shall transmit instructions on how to file the renewal application, and RESOLVED, that such renewal application may be returned by mail or by making an appointment to drop it off at the Town Center, 740 West Boston Post Road, Mamaroneck, NY 10543, either by delivering to the Assessor's office or by leaving it with the receptionist sitting at the desk at the main entrance to the Town Center. The above resolution was put to a roll call vote: Nichinsky King Fiddelman Katz Elkind Eney Real property tax/January 14, 2022 Page 13 of 116 INTERMUNICPAL AGREEMENT This is an Agreement between the Town of Mamaroneck, a municipal corporation existing under the laws of the State of New York with offices at 740 West Boston Post Road, Mamaroneck, New York 10543 ("Town") and the Village of Mamaroneck, a municipal corporation existing under the laws of the State of New York with offices at 123 Mamaroneck Avenue, Mamaroneck New York 10543 ("Village"). Recitals Whereas, the Town plans to engage in a reconstruction project ("the project") of the Waverly Avenue Bridge ("the bridge"), located at the intersection of Waverly Avenue and Plaza Avenue, and Whereas, the project proposes to, in part, construct new areas of sidewalk and related structures, including curbs, pavement, and signs ("sidewalk area") in the areas north and south of the bridge (as depicted in the drawings annexed as Exhibits A and B), which are located within the right of way under the jurisdiction of the Village, and Whereas, the New York State Department of Transportation has recommended that, in order to facilitate the project, the Village and Town enter into an intermunicipal agreement regarding the sidewalk areas located within the portion of the right of way under the jurisdiction of the Village, and Whereas, General Municipal Law (GML) §119-o authorizes municipal corporations to enter into inter -municipal agreement(s) regarding the construction, repair and maintenance of sidewalks, and Now, therefore, in consideration of the terms and conditions below, the Town and the Village agree as follows: Page 14 of 116 First: The parties confirm the accuracy of the factual statements made in the Recitals. Second: The Village shall issue permits to the Town that will authorize the Town to construct the sidewalk area (as depicted in Exhibits A and B) within the right of way under the jurisdiction of the Village in a manner generally consistent with the attached drawings annexed as Exhibits A and B. Third: Any work performed in relation to the project, including the construction of the sidewalk area, shall be performed pursuant to contracts entered into by the Town and at the sole cost and expense of the Town. Fourth: The Town shall be responsible for: (i) obtaining permit(s) for the project, and verifying that the person or persons engaged in the project has obtained all permits required by other governmental agencies having jurisdiction over the project; and (ii) regulating the traffic at the intersection of Waverly Avenue and Plaza Avenue in the area of the Waverly Avenue Bridge until the project is completed. Fourth: The Village shall not be responsible for any of the costs or expenses related to the project unless such costs result from the Village's request that the Town perform additional work. Fifth: After the project is completed, the Village (and not the Town) shall be responsible for any maintenance, repair, or replacement of the sidewalk area within the municipal boundaries of the Village. 2 Page 15 of 116 Sixth: Nothing in this Intermunicipal Agreement shall be construed as altering or affecting the stipulation of settlement entered into by the Village and Town, annexed as Exhibit C. Seventh: Each party shall indemnify and hold the other harmless from and against all costs, damages or claims that may arise as a result of, or in connection with the negligent performance of its obligations under this agreement, including without limitation, liability for personal injury, wrongful death or property damage and reasonable attorney's fees and litigation expenses. Eighth: (a) A notice that is required or may be given under this agreement must be in writing. An electronic communication shall be considered a "writing". (b) A notice shall be deemed to have been made either (i) on the day that it is hand delivered or sent electronically to the other party and a person who is entitled to a copy of the notice or (ii) on the first business day after it is sent, if it is sent by a reputable overnight courier or (iii) on the third business day after it is mailed, if it is mailed by certified mail, return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a notice or a copy of a notice ("addressees") are: If the Town: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Att: Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Att: Town Attorney If the Village: Village of Mamaroneck 123 Mamaroneck Avenue 3 Page 16 of 116 Mamaroneck, NY 10543 Att: Village Manager With a copy to: Village of Mamaroneck 123 Mamaroneck Avenue Mamaroneck, NY 10543 Att: Village Attorney or to such other address that an addressee shall have specified in a notice to the other addressees. (c) If an emergency occurs, the party giving notice shall be required only to give or to attempt to give such notice to the other party as it can, based upon the exigencies then existing before performing the work necessary to end the emergency. Ninth: The failure of either party to insist upon the strict performance of, or to commence an action to enforce any provision of this agreement shall not be construed as a waiver of the right to do so should a breach of this agreement occur subsequently. Tenth: Whenever required or appropriate, words in the singular number shall be construed as if they were in the plural number and words of one gender shall be construed as if they were in either of the other two genders. Eleventh: If any court determines that a portion of this agreement is invalid, illegal, or unenforceable, the remaining provisions shall remain in effect. Twelfth: This agreement constitutes the entire understanding between the parties regarding the subject matter contained herein. The parties acknowledge that there have been no representations, warranties, covenants, or understandings other than those expressly set herein and that all prior agreements between the parties regarding the subject matter contained herein — whether oral or written — are merged into this agreement and do not survive it as this agreement expresses their entire understanding on S Page 17 of 116 the subject matter contained herein. Thirteenth: This agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. Fourteenth: This agreement may be changed only by a writing executed by a duly authorized representative of each parry. Fifteenth: This agreement may be executed in one or more counterparts, each of which shall be considered an original. Facsimile signatures or signatures that are transmitted electronically shall be considered original signatures. In Witness Whereof, the Town and the Village have agreed to the terms and conditions set forth therein. Town of Mamaroneck IN Meredith Robson, Town Administrator Date: Village of Mamaroneck IN Jerome Barberio, Village Manager Date: 5 Page 18 of 116 Certificate of Authorization I, Christina A. Battalia, certify that (a) I am the Town Clerk of the Town of Mamaroneck, a municipality existing under the laws of the State of New York, (b) Meredith Robson, the person who signed this Agreement on behalf of the Town of Mamaroneck ("Town"), is the Town Administrator of the Town, (c) Ms. Robson was authorized by the Town Board of the Town to execute this Agreement on behalf of the Town and (d) such authority was in full force and effect when Ms. Robson executed this Agreement on behalf of the Town. Christina A. Battalia, Town Clerk Certificate of Authorization I, Augustino A. Fusco, certify that (a) I am the Village Clerk-Treasuer of the Village of Mamaroneck, a municipality existing under the laws of the State of New York, (b) Jerome Barberio, the person who signed this Agreement on behalf of the Village of Mamaroneck ("Village"), is the Village Manager of the Village, (c) Mr. Barberio was authorized by the Board of Trustees of the Village to execute this Agreement on behalf of the Village and (d) such authority was in full force and effect when Mr. Barberio executed this Agreement on behalf of the Village. 6 Augustino A. Fusco, Village Clerk -Treasurer Page 19 of 116 EXHIBIT A Page 20 of 116 _Ed aH � NpI3yS W �� I � NOS83ONY T O3OVNIM IO3rOdd NOSd3ONtl 'r NO3HO O3HOSId 'Y ONIIJtlHO NOSd3ONtl 'r 103H7 O3H3tl0N3 'N NOIS3O NOSO3ONV 'r N39VNvA Nor NOINOO -r HOSIAd3dO5 NOIS3O + -1-PW P—r = 83S0 + 40x2 IZBZ-170-52 = 3NI1/ bIZ9LAVO i6P99- ufi-ydr0 = 3WVN 3lIJ y Lu _ W � Q w a ©d - _Ed aH � NpI3yS W �� I � NOS83ONY T O3OVNIM IO3rOdd NOSd3ONtl 'r NO3HO O3HOSId 'Y ONIIJtlHO NOSd3ONtl 'r 103H7 O3H3tl0N3 'N NOIS3O NOSO3ONV 'r N39VNvA Nor NOINOO -r HOSIAd3dO5 NOIS3O + -1-PW P—r = 83S0 + 40x2 IZBZ-170-52 = 3NI1/ bIZ9LAVO i6P99- ufi-ydr0 = 3WVN 3lIJ EXHIBIT B Page 22 of 116 NOS83ONY T 830VNIM =03rOdd NOSd30Ntl 'r NO3HO N3HOSId 'Y ONIIJtlHO NOSd30Ntl 'r 103H0 N3H3tl9N3 'N NOIS30 NOSS30NV 'r N39VNvA 90r NOINOO •r HOSIAd3d05 NOIS30 + -1-PLV P—r = 8350 + 902 IZBZ-=0o-S2 = 3N11/31tl0 �6p•18- wd-yde-bIZ8L8 = 3NtlN 3lIJ EXHIBIT C Page 24 of 116 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER Third -Party Plaintiffs, -against- THE NEW YORK STATE THRUWAY : AUTHORITY, THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION and THE TOWN OF MAMARONECK, ; Third -Party Defendants. X IT IS HEREBY STIPULATED AND AGREED, by and between the plaintiff THE VILLAGE OF MAMARONECK ("Village of Mamaroneck"), the defendant THE TOWN OF RYE ("Town of Rye"), the defendant THE VILLAGE OF PORT CHESTER ("Port Chester"), the defendant THE VILLAGE OF RYE BROOK ("Rye Brook"), and the third -party defendant THE TOWN OF MAMARONECK ("Town of Mamaroneck") by each parties' respective undersigned attorneys, as follows: 652307.1 Page 25 of 116 X THE VILLAGE OF MAMARONECK, INDEX NO.: 2988/98 Plaintiff, STIPULATION - against - OF SETTLEMENT AND SEVERING OF THE TOWN OF RYE, THE VILLAGE OF PORT CLAIMS AGAINST CHESTER and THE VILLAGE OF RYE BROOK, THIRD -PARTY DEFENDANTS Defendants. DOT AND THRUWAY AUTHORITY X THE TOWN OF RYE, THE VILLAGE OF PORT CHESTER and THE VILLAGE OF RYE BROOK, Third -Party Plaintiffs, -against- THE NEW YORK STATE THRUWAY : AUTHORITY, THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION and THE TOWN OF MAMARONECK, ; Third -Party Defendants. X IT IS HEREBY STIPULATED AND AGREED, by and between the plaintiff THE VILLAGE OF MAMARONECK ("Village of Mamaroneck"), the defendant THE TOWN OF RYE ("Town of Rye"), the defendant THE VILLAGE OF PORT CHESTER ("Port Chester"), the defendant THE VILLAGE OF RYE BROOK ("Rye Brook"), and the third -party defendant THE TOWN OF MAMARONECK ("Town of Mamaroneck") by each parties' respective undersigned attorneys, as follows: 652307.1 Page 25 of 116 WHEREAS, on or about November 8, 1999, the Village of Mamaroneck commenced a declaratory judgment action against the Town of Rye, Rye Brook and Port Chester by filing a supplemental summons and second amended complaint;' WHEREAS, the Village of Mamaroneck sought a declaratory judgment that the Town of Rye was responsible to repair and maintain some eleven (11) bridges located within the Village of Mamaroneck in accordance with Village Law §§ 6-604 and 6-606, which address the maintenance and repair of bridges; WHEREAS, the Village of Mamaroneck is located partially in the Town of Mamaroneck and partially in the Town of Rye; WHEREAS, Port Chester and Rye Brook are located within the Town of Rye; WHEREAS, the Village of Mamaroneck's original position was that under the provision of Village Law §§ 6-604 and 6-606, the Town of Rye was responsible to maintain and repair the aforementioned eleven (11) bridges located within the Town of Rye's portion of the Village of Mamaroneck; WHEREAS, the Town of Rye, Rye Brook and Port Chester answered the second amended complaint denying the material allegation and asserting various affirmative defenses; WHEREAS, the Town of Rye's, Rye Brook's and Port Chester's original position was that the Village of Mamaroneck assumed supervision and control of the aforementioned eleven (11) bridges located within the Town of Rye's portion of the Village of Mamaroneck and therefore, was responsible to maintain and repair said bridges; ' Mamaroneck originally commenced its action only against the Town of Rye on or about February 20, 1998. The Town of Rye, thereafter, moved to join Rye Brook and Port Chester. The Court (per Hon. Francis A. Nicolai, J.S.C. granted the Town of Rye's application, holding that Port Chester and Rye Brook were "necessary parties." 652307.1 Page 26 of 116 WHEREAS, during the course of the litigation, the Town of Rye conceded that it is responsible to maintain and repair two (2) of the bridges: (i) the South Barry Avenue Bridge traversing Guion Creek and (ii) the South Barry Avenue Bridge traversing Otter Creek; WHEREAS, during the course of the litigation, the Village of Mamaroneck conceded that it is responsible to maintain and repair three (3) of the bridges: (i) the Ward Avenue Bridge; (ii) the Tompkins Avenue Bridge and (iii) the Railroad Place Bridge (referred to in the Village Mamaroneck's complaint as the Station Plaza Bridge); WHEREAS, during the course of the litigation, it was determined that the Jefferson Avenue Extension Bridge and the Jefferson Avenue Bridge are actually two names for the same bridge; WHEREAS, the remaining bridges in dispute in this action are the following five (5) bridges: (i) the Jefferson Avenue Extension Bridge a/k/a the Jefferson Avenue Bridge over the Mamaroneck River (the "Jefferson Avenue Extension Bridge a/k/a the Jefferson Avenue Bridge"); (ii) the Hillside Avenue Bridge over the Mamaroneck River (the "Hillside Avenue Bridge"); (iii) the Short Street Bridge over the Beaver Creek (River) (the "Short Street Bridge"); and (iv) the North Barry Avenue Extension Bridge a/k/a the First Street Bridge over the Mamaroneck River (the "North Barry Avenue Extension Bridge a/k/a the First Street Bridge"); and (v) the Halstead Avenue Bridge over the Mamaroneck River (the "Halstead Avenue Bridge'); WHEREAS, the Village of Mamaroneck and Town of Mamaroneck desire to reach a formal written agreement with respect to the following additional bridges: (i) the Waverly Avenue Bridge over the Sheldrake River (the "Waverly Avenue Bridge"); (ii) the Fenimore 652307.1 Page 27 of 116 Road Bridge over the Sheldrake River (the "Fenimore Road Bridge"); and (iii) the Rockland Avenue Bridge over the Sheldrake River (the "Rockland Avenue Bridge"); WHEREAS, the Village of Mamaroneck, Town of Rye, Town of Mamaroneck, Port Chester and Rye Brook wish to amicably settle this matter; and NOW, the Village of Mamaroneck, Town of Rye, Town of Mamaroneck, Port Chester and Rye Brook hereby stipulate and agree as follows: 1. No party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of this action. 2. All parties hereto consent to the Court's jurisdiction 3. "Daily Maintenance" shall be defined as maintaining and repairing certain aspects of a bridge's wearing surface, bridge's street surface and/or bridge's approaches, expressly limited to: 652307.1 • snow plowing; sanding and/or salting of the street surfaces (including curbs, sidewalks, shoulders and streets) • street cleaning • leaf removal • garbage removal from the street surfaces (including curbs, sidewalks, shoulders and streets) • painting of dividing lines, traffic lanes or parking spaces • repairing or replacing of parking meters • repairing, installing or replacing of signs relating to parking meters • repairing, installing or replacing of traffic signs (i.e. one way signs, speed limit signs, stop signs, yield signs, etc.), but not weight Iimit signs • maintaining the grass, trees and landscaping of the bridge, areas adjacent to the bridge and the bank of the waterway. Page 28 of 116 4. "General Maintenance" shall be defined as maintaining and repairing certain aspects of a bridge's wearing surface, bridge's street surface and/or bridge's approaches, expressly limited to: • pot hole repair • painting of railings • cleaning of debris from catch basins, gutters or drains on bridge's road surface • cleaning of debris from gratings (i.e. large open drainage devices, which are open to the underside of the bridge • repairing or patching curbs, sidewalks, shoulders and street (but not resurfacing or replacing curbs, sidewalks, shoulders and streets; or repairing or replacing any infrastructure or structural portion of a bridge as such repair and/or maintenance falls under the category of a "Bridge Maintenance" as defined in paragraph 5.) • repairing, installing or replacing weight limit signs 5. "Bridge Maintenance" shall be defined as: (1) maintaining and repairing all other aspects of a bridge's wearing surface, bridge's street surface and/or bridge's approaches not otherwise set forth in paragraphs 3 or 4, including, but not limited to: • repaving or resurfacing streets and/or surfaces • replacing or resurfacing curbs • replacing or resurfacing sidewalks • replacing or resurfacing shoulders • maintaining, replacing and/or repairing vehicle guide (or guard) railings or parapets and impact attenuators • maintaining, replacing or repairing pedestrian railings or parapets • replacing or repairing catch basins, gutters or drains on the bridge's road surface • replacing or repairing gratings • replacing or repairing weight limit signs and (2) maintaining and repairing all other sections, structures and/or parts of a bridge, including, but not limited to: (i) a bridge's substructure (including, but not limited to, abutments, wingwalls, footings, deck joints, abutment joints, bearings, anchor bolts, pads, plates, backwalls, 652307.1 Page 29 of 116 breastwalls, retaining walls, walls, piles, piers, cap beams, stem solid piers, tops of pier cap or beam, pedestals, crashwalis, struts, web walls); (ii) a bridge's superstructure (including, but not limited to, structural decks, primary members, secondary members, girders, trusses, arches, joints); and (iii) maintaining and repairing the bank of the waterway and the areas around the bridge to address and remedy: (a) any erosion of the embankment covering; (b) any loss of material from the streambed or riverbed and/or (c) removal of debris from any areas where any part of a bridge meets the water or river or stream, provided same cannot be removed from the shore (in which case it should be part of General Maintenance as defined in paragraph 4). 6. The Village of Mamaroneck will be responsible at its sole cost for the Daily Maintenance (as defined in paragraph 3) of each of the following bridges: (1) the Jefferson Avenue Extension Bridge a/k/a the Jefferson Avenue Bridge; (2) the Hillside Avenue Bridge; (3) the Short Street Bridge; and (4) the North Barry Avenue Extension Bridge a/k/a the First Street Bridge (unless and until it is ultimately determined that a third -party and/or the third -party defendants the New York State Thruway Authority and/or the New York State Department of Transportation are responsible for the Daily Maintenance of the North Barry Avenue Bridge a/k/a First Street Bridge); (5) the Halstead Avenue Bridge; (6) the South Barry Avenue Bridge traversing Guion Creek; (7) the South Barry Avenue Bridge traversing Otter Creek; (8) the Waverly Avenue Bridge; (9) the Fenimore Road Bridge; and (10) the Rockland Avenue Bridge. 7. The Village of Mamaroneck will be responsible at its sole cost for the General Maintenance (as defined in paragraph 4) of each of the following bridges: (1) the Jefferson Avenue Extension Bridge a/k/a the Jefferson Avenue Bridge; (2) the Hillside Avenue Bridge; (3) the Short Street Bridge; and (4) the North Barry Avenue Extension Bridge a/k/a the First Street Bridge (unless and until it is ultimately determined that a third -party and/or the third -party 652307.1 Page 30 of 116 defendants the New York State Thruway Authority and/or the New York State Department of Transportation are responsible for the General Maintenance of the North Barry Avenue Bridge a/k/a First Street Bridge); and (5) the Halstead Avenue Bridge. 8. The Village of Mamaroneck and the Town of Rye will be jointly responsible (equal one-half responsibility each) for the Bridge Maintenance (as defined in paragraph 5) of the following bridges: (1) the Jefferson Avenue Extension Bridge a/k/a the Jefferson Avenue Bridge; and (2) the Short Street Bridge. 9. The Village of Mamaroneck, the Town of Rye and the Town of Mamaroneck will be jointly responsible (equal one-third responsibility each) for the Bridge Maintenance (as defined in paragraph 5) of the Hillside Avenue Bridge. 10. The Village of Mamaroneck, the Town of Rye and the Town of Mamaroneck will be jointly responsible (equal one-third responsibility each) for the Bridge Maintenance (as defined in paragraph 5) of the North Barry Avenue Extension Bridge a/k/a First Street Bridge, unless and until it is ultimately detennined that a third -party and/or the third -party defendants the New York State Thruway Authority and/or the New York State Department of Transportation are responsible for the Bridge Maintenance of the North Barry Avenue Bridge a/k/a First Street Bridge. Recognizing the costs and uncertainty of litigation, the parties enter into this settlement regarding the North Bary Avenue Extension Bridge a/k/a First Street Bridge without conceding or admitting liability for the repair and maintenance of said bridge and reserving all rights and claims that third parties have such ultimate responsibility for the repair and maintenance of said bridge. 652307.1 Page 31 of 116 ll. It is acknowledged by all the parties to this Stipulation that the County of Westchester and the Village of Mamaroneck intend to enter into an Inter -Municipal Agreement concerning the Halstead Avenue Bridge ("IMA"), whereby the County of Westchester will be solely responsible for the Halstead Avenue Bridge's structure and the Village of Mamaroneck will be solely responsible for the Halstead Avenue Bridge's wearing surface (as set forth and as defined in the IMA ). The Village of Mamaroneck recognizes that in the event the County of Westchester and the Village of Mamaroneck enter into the IMA, the Town of Mamaroneck, Town of Rye, Port Chester and Rye Brook shall have no responsibility whatsoever for the repair and maintenance whether it be Daily Maintenance, General Maintenance or Bridge Maintenance for the Halstead Avenue Bridge. In the event the County of Westchester and the Village of Mamaroneck are unable to enter into the IMA, the Village of Mamaroneck will have the right upon notice to the other parties, to restore this action to the Court's trial calendar solely with respect to the Halstead Avenue Bridge and to impiead the County of Westchester and to prosecute the action against the County of Westchester with respect to the Halstead Avenue Bridge. 12. The Village of Mamaroneck will be responsible at its sole cost for the Daily Maintenance (as defined in paragraph 3), General Maintenance (as defined in paragraph 4) and Bridge Maintenance (as defined in paragraph 5) of the following bridges: (1) the Ward Avenue Bridge; (2) the Tompkins Avenue Bridge; and (3) the Railroad Place Bridge (referred to in the Village Mamaroneck's complaint as the Station Plaza Bridge). 13. The Town of Rye will be responsible at its sole cost for both General Maintenance (as defined in paragraph 4) and Bridge Maintenance (as defined in paragraph 5) of 652307.1 Page 32 of 116 the following bridges: (1) the South Barry Avenue Bridge traversing Guion Creek; and (2) the South Barry Avenue Bridge traversing Otter Creek. 14. The Town of Mamaroneck will be responsible at its sole cost for both General Maintenance (as defined in paragraph 4) and Bridge Maintenance (as defined in paragraph 5) of the following bridges: (1) the Waverly Avenue Bridge; (2) the Fenimore Road Bridge; and (3) the Rockland Avenue Bridge. 15. With respect to any of the following bridges: (1) the Ward Avenue Bridge; (2) the Tompkins Avenue Bridge; (3) the Railroad Place Bridge (referred to in the Village of Mamaroneck's complaint as the Station Plaza Bridge); (4) the South Barry Avenue Bridge traversing Guion Creek; (5) the South Barry Avenue Bridge traversing Otter Creek; (6) the Jefferson Avenue Extension Bridge a/k/a the Jefferson Avenue Bridge; (7) the Hillside Avenue Bridge; (8) the Short Street Bridge; (9) the North Barry Avenue Extension Bridge a/k/a the First Street Bridge; (10) the Halstead Avenue Bridge; (11) the Waverly Avenue Bridge; (12) the Fenimore Road Bridge; and (13) the Rockland Avenue Bridge; the Village of Mamaroneck, Town of Rye, Town of Mamaroneck, Port Chester and Rye Brook will jointly file in the case of responsibility for Daily Maintenance, General Maintenance and Bridge Maintenance or will join in any local application, state application, federal application or other application seeking funding, grants or money of any kind to maintain and/or repair the aforementioned bridges. 16. The Village of Mamaroneck and the Town of Rye will split the cost of the legal fees in pursuing the third party defendants The New York State Thruway Authority and The New York State Department of Transportation with respect to the claims involving the North Barry Avenue Extension Bridge a/k/a First Street Bridge, as follows: the Village of 652307.1 Page 33 of 116 Mamaroneck will pay one-third of said legal costs and the Town of Rye will pay two-thirds of said legal costs. Going forward, it is agreed that Rye Brook's counsel, KEANE & BEANE, P.C., will be primarily responsible for pursuing and litigating this third -party action. 17. Where there is joint responsibility for Bridge Maintenance as provided in paragraphs 8, 9 and 10, the Village of Mamaroneck will be solely and primarily responsible for determining whether a repair or maintenance is required or necessary, and whether: (1) the Village of Mamaroneck's forces (with, if available, the aid of the Town of Rye's and/or the Town of Mamaroneck's forces) should undertake such repair and/or maintenance ("Municipal Repair"); and/or (2) whether it is necessary for an outside vendor to undertake such repair and/or maintenance, ("Outside Vendor Repair"). The Town of Mamaroneck, Town of Rye and Village of Mamaroneck will use their best efforts to engage the combined municipal resources to perform the required or necessary repair or maintenance (i.e. a Municipal Repair), before resorting to an Outside Vendor Repair. 18. In the case of an Outside Vendor Repair and if competitive bidding is required, the Village of Mamaroneck will undertake and complete the competitive bidding process, including but not limited to, preparing bid specifications, contacting potential bidders, awarding the bid and entering in the contract with the successful bidder. In such case, the bid specifications will be provided to the parties at least twenty business (20) days prior to issuing request for bids. 19. Where there is joint responsibility for Bridge Maintenance as provided in paragraphs 8, 9 and 10, the Village of Mamaroneck will advise the Town of Rye and/or Town of Mamaroneck (as the case may be) in writing of the cost of the Municipal Repair ("Municipal 652307.1 Page 34 of 116 Repair Costs") at least fifteen (15) business days prior to the commencement of the Municipal Repair; and/or the cost of the Outside Vendor Repair ("Outside Vendor Repair Costs") based upon its own and/or estimates obtained from the outside vendors or the price of a contract to an outside vendor which the Village of Mamaroneck intends to award, which the Village of Mamaroneck will forward to the Town of Rye and/or the Town of Mamaroneck (as the case may be) for its/their approval (the Town of Rye and/or Town of Mamaroneck will not unreasonably withhold its/their approval). The Town of Rye will reimburse the Village of Mamaroneck (as provided in paragraph 8); and the Town of Rye and Town of Mamaroneck will reimburse the Village of Mamaroneck (as provided in paragraphs 9 and 10), for any Municipal Repair Costs and/or Outside Vendor Repair Costs within thirty (30) days after such Municipal Repair Costs and/or Outside Vendor Repair Costs are invoiced by the Outside Vendor. 20. In the event of emergency repairs and/or emergency maintenance, the Village will be required to give the Town of Rye and/or Town of Mamaroneck (as the case may be) no more than three hours notice by telephone to the party provided for in paragraph 25 and if no response is received, the Village of Mamaroneck may proceed with such emergency repair and/or maintenance and the Town of Rye and/or Town of Mamaroneck will nonetheless reimburse the Village of Mamaroneck for each Town's share, if any, of the cost of such emergency repairs and/or emergency maintenance. In the event, however, of a temporary emergency repair, which is necessary to preserve life or property, the Village will not be required to give any notice, and Town of Rye and/or Town of Mamaroneck will nonetheless reimburse the Village of Mamaroneck for each Town's share, if any, of the cost of such temporary emergency repairs. Unless there is no plausible evidence to support its decision, the Town of Rye and/or the Town of Mamaroneck will be bound by the Village of Mamaroneck's reasonable discretion in 652307.1 Page 35 of 116 determining whether an aspect of General Maintenance (as defined in paragraph 4) Bridge Maintenance (as defined in paragraph 5) is an emergency repair and/or emergency maintenance or is a temporary emergency repair. 21. For purposes of this Stipulation, Municipal Repair Costs and Outside Vendor Repair Costs (as defined in paragraph 19) shall include, but shall not be limited to, repair costs, maintenance costs, consulting costs, engineering costs, administrative costs and administrative costs relating to overseeing repair and/or maintenance, but shall not include in the administrative costs referenced above, the reimbursement for salaries of municipal employees. 22. The parties agree to jointly submit a revised Bridge Inventory Form to the New York State Department of Transportation setting forth the party responsible for the Daily Maintenance and Bridge Maintenance of the subject bridges (except for the North Barry Avenue Extension Bridge a/k/a First Street Bridge) consistent with this Stipulation. 23. The parties to this Stipulation of Settlement, acknowledge that the structure known as the "Short Street Bridge" is recognized as a bridge for purposes of this Stipulation regardless of whether the Short Street Bridge is, as a matter of law, actually a bridge or a culvert. 24. It is acknowledged by all the parties to this Stipulation that as has been its practice, the Village of Mamaroneck will continue to collect and keep all money or funds generated from all applicable parking fees related to parking on the bridges or any approaches to the bridges. 25. Notices under this Stipulation shall be given to: 652307.1 Page 36 of 116 Town of Rye: 10 Pearl Street, Port Chester, NY 10573. Attn: Town Supervisor. Telephone No.: 939-3075. Town of Mamaroneck: 740 West Boston Post Road, Mamaroneck, New York 10543-3319. Attn: Town Administrator. Telephone No.: 381-7810 or 557-2794. Village of Mamaroneck: 123 Mamaroneck Avenue, Mamaroneck, NY 10543. Attn: Village Manager. Telephone No.: 777-7722. Rye Brook: 938 Kings Street, Rye Brook, NY 10573. Attn: Village Administrator. Telephone No.: 939-1121. Port Chester: 10 Pearl Street, Port Chester, NY 10573. Attn: Village Manager. Telephone No.: 939-2200. 26. If a dispute arises about whether a repair or maintenance is required or necessary or as to the categorization of a repair or maintenance as Daily Maintenance, General Maintenance and Bridge Maintenance, the parties agree to retain the services of an independent consulting engineer ("Engineer") to resolve the dispute and to rule whether the questioned repair maintenance is required or necessary. If the Engineer sides with the objecting party or parties and determines that the repair or maintenance is not required or necessary, the party requesting the repair or maintenance will solely bear the costs associated with the Engineer's services. But if the Engineer sides with the party requesting the repair or maintenance and determines that the repair or maintenance is required or necessary, the objecting party or parties will solely bear the costs associated with the Engineer's services, and the repair or maintenance shall be made or performed. 27. If a dispute arises about Municipal Repair Costs and/or Outside Vendor Repair Costs and/or reimbursement of said costs and/or payment of said costs and if the parties to this Stipulation of Settlement cannot resolve the dispute within sixty (60) days, the parties to this 652307.1 Page 37 of 116 Stipulation of Settlement affected by such dispute agree to submit to arbitration before a single arbitrator of the American Arbitration Association and to share the cost of arbitration equally, however, each party shall be responsible for its own legal fees. 28. This Stipulation shall be binding upon the parties and their successors in interest. In the event any of the municipalities which are parties to this Stipulation cease to exist, it is the intention that the municipal entity which succeeds to governance of the geographical area in which any bridge set forth in this Stipulation is located shall thereafter be responsible for that portion of the maintenance whether General Maintenance, Daily Maintenance or Bridge Maintenance that is now (under this Stipulation) the responsibility of the municipality which has ceased to exist. 29. The parties to this Stipulation of Settlement will execute a Stipulation of Discontinuance discontinuing all claims, if any, as against Village of Mamaroneck, Town of Rye, Town of Mamaroneck, Port Chester and Rye Brook, but specifically severing the action against the third party defendants THE NEW YORK STATE THRUWAY AUTHORITY and THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION. 34. This action is hereby severed and will continue against the third party defendants THE NEW YORK STATE THRUWAY AUTHORITY and THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION. 652307.1 Page 38 of 116 31. This Stipulation may be filed with the Court without further notice. Hq,C h Dated: hnuary!!� 2004 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Steven M. Plaintiff YJLLAGE OF MAMARONECK Gannett Drive White Plains, New York 10604 (914)323-7000 652307.1 Monroe Yale Mann, Esq. Attorney for Defendant/Third-Party Plaintiff THE TOWN OF RYE 316 Westchester Avenue Port Chester, New York 10573 (914) 939-2000 Anthony M. Cerreto, Esq. Village Attorney Attorney for Defendant/Third-Party Plaintiff THE VILLAGE OF PORT CHESTER 10 Pearl Street Port Chester, New York 10573 (914) 939-5208 KEANE & BEANE, P.C. 0 Nicholas M. Ward -Willis, Esq. Attorneys for Defendant/Third-Party Plaintiff THE VILLAGE OF RYE BROOK One North Broadway, Suite 700 White Plains, New York 10601 (914) 946-4777 Page 39 of 116 31. This Stipulation may be filed with the Court without further notice. Dated: January _, 2004 WILSON, USER, MOSKOWITZ, EDELMAN & DICKER LLP Un Steven M. Silverberg, Esq. Attorneys for the Plaintiff VILLAGE OF MAMARONECK 3 Gannett Drive White Plains, New York 10604 (914) 323-7000 652307.1 Mom­oe Yale Mann, Esq. Attorney for Defendant/Third-Party Plaintiff THE TOWN OF RYE 316 Westchester Avenue Port Chester, New York 10573 (914) 939-2000 Anthony M. Cerreto, Esq. Village Attorney Attorney for Defendant/Third-Party Plaintiff THE VILLAGE OF PORT CHESTER 10 Pearl Street Port Chester, New York 10573 (914) 939-5208 KEANE & BEANE, P.C. M Nicholas M. Ward -Willis, Esq. Attorneys for Defendant/Third-Party Plaintiff THE VILLAGE OF RYE BROOK One North Broadway, Suite 700 White Plains, New York 10601 (914) 946-4777 Page 40 of 116 31. This Stipulation may be filed with the Court without further notice. Dated: January_, 2004 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Un Steven M. Silverberg, Esq. Monroe Yale Mann, Esq. Attorneys for the Plaintiff Attorney for Defendant/Third-Party VILLAGE OF MAMARONECK Plaintiff 3 Gannett Drive THE TOWN OF RYE White Plains, New York 10604 316 Westchester Avenue (914) 323-7000 Port Chester, New York 10573 (914) 939-2000 Anthony M. Cerreto, Esq. Village Attorney Attorney for Defendant/Third-Party Plaintiff THE VILLAGE OF PORT CHESTER 10 Pearl Street Port Chester, New York 10573 (914) 939-5208 KEANE & BEANE, P.C. Nicholas M. Ward -Willis, Esq. Attorneys for Defendant/Third-Party Plaintiff THE VILLAGE OF RYE BROOK One North Broadway, Suite 700 White Plains, New York 10601 (914) 946-4777 652307.1 Page 41 of 116 31. This Stipulation may be filed with the Court without further notice. Dated: January, 2004 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Steven M. Silverberg, Esq. Attorneys for the Plaintiff VILLAGE OF MAMARONECK 3 Gannett Drive White Plains, New York 10604 (914)323-7000 652307.1 Monroe Yale Mann, Esq. Attorney for Defendant/Third-Party Plaintiff THE TOWN OF RYE 316 Westchester Avenue Port Chester, New York 10573 (914) 939-2000 Anthony M. Cerreto, Esq. Village Attorney Attorney for Defendant/Third-Party Plaintiff THE VILLAGE OF PORT CHESTER 10 Pearl Street Port Chester, New York 10573 (914) 939-5208 KEANE & BEANE, P.C. By: Nicholas M. Ward -Willis, Esq. Attorneys for Defendant/Third-Party Plaintiff THE VILLAGE OF RYE BROOK One North Broadway, Suite 700 White Plains, New York 10601 (914) 946-4777 Page 42 of 116 , J.S.C. 652307. t Attorney for Third -Party Defendant THE TOWN OF MAMARONECK 740 West Boston Post Road Mamaroneck, New York 10543 (914) 381-7815 Page 43 of 116 • 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 and Supervisor Elkind Eney Cc: Connie Green O'Donnell, Deputy Town Administrator Lindsey Luft, Assistant to the Town Administrator From: Meredith S. Robson, Town Administrator Re: IMA — Bus Shelter Agreement with Westchester County Date: January 14, 2022 Westchester County Department of Public Works and Transportation and Signal Outdoor, Inc. have entered into a license agreement for the operation and maintenance of the County's bus shelters. A portion of the revenue received from Signal Outdoor, Inc. will be distributed to the Town of Mamaroneck and will be based upon the amount of bus shelters located within the Town's boundaries. This type of agreement has been in place since at least 2006. The attached agreement is between the Town of Mamaroneck and Westchester County and would run from July 1, 2021 until June 30, 2026, if authorized, which I am recommending. Page 44 of 116 Westchester govcom George Latimer County Executive Department of Public Works and Transportation Hugh J. Gneechan, Jr., P.E., Commissioner Gayle M. Katzman, P.E., First Depute Commissioner Hernane De Almeida, P.E., Deputy Commissioner December 16, 2021 Honorable Supervisor Nancy Seligson Town of Mamaroneck 740 West Boston Post Road Town of Mamaroneck, NY 10543 Dear Honorable Supervisor Nancy Seligson and Members of Town Board: DEC � 9 CO21 TOVM OF MAMAR©NECK SUPERVISOR'S OFFICE The Westchester County Department of Public Works & Transportation has entered into a license agreement with Signal Outdoor, Inc. to operate and maintain the County's bus shelters. As with previous agreements, a portion of the revenue from this agreement will be distributed to the municipalities based on the number of bus shelters that are located in each municipality. To facilitate this arrangement, attached is an Inter -Municipal Agreement for your review and signature. If you have any questions regarding the County's Bus Shelter program or the Inter -Municipal Agreement, please contact: Michael Swee, Director of Surface Transportation 995-1647 Mas9@westchestergov.com Sincerely, Hugh J. Greechan, Jr., P.E. Commissioner Westchester County Department of Public Works and Transportation HJG/MAS Michaehan Office Building rRw- bee -line system�- 148 Martine Avenue, Room 518 000106 White Plains, New York ]OGO1 Telephone: (91-1) 995-2594l�ax: (91,1)995-M09 - Page 45 of 116 INTERMUNICIPAL AGREEMENT THIS AGREEMENT entered into this _ day of , 20 by and between and THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine -Avenue, White Plains, New York 10601 (the "County"), THE TOWN OF MAMARONECK-, a municipal corporation of the State of New York, having an office and place of business at 740 W. Boston Post Road, Mamaroneck, NY 10543 (the "Cooperating Municipality"). WITNESSETH: WHEREAS, the County has entered into a License Agreement with a private franchisee to operate and maintain bus passenger shelters at various locations within the County as well as provide advertising on bus shelters; and WHEREAS, the Cooperating Municipality is desirous of having the County provide bus passenger shelters within the Cooperating Municipality pursuant to said License Agreement for the comfort and benefit of its citizens. NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties agree as follows: FIRST: The County is hereby authorized to provide and maintain shelters pursuant to a License Agreement between the County and Signal Outdoor Advertising, LLC, or its successors or assigns (the "County Licensee"), at locations within the Cooperating Municipality, all as shown on Attachment "A" attached hereto and made a part hereof. The Cooperating Municipality further certifies and guarantees that the sites designated on Attachment "A" are legally designated bus stop locations or that the sites will be so designated prior to installation of new bus passenger shelters. If such designation is the responsibility of a governmental agency Page 46 of 116 other than the Cooperating Municipality, the Cooperating Municipality will use its reasonable efforts to obtain such designation. Attachment "A" shall consist of: 1. A list of all bus shelters built under the County Bus Shelter Program located in the Cooperating Municipality. 2. A list of all necessary permits and the name of the municipal official who should be contacted. As the bus shelters are going to be provided as a municipal service, all permit fees shall be waived. Upon mutual agreement between the County and the Cooperating Municipality, additional bus passenger shelters other than those in Attachment "A" may be installed. Any new approved shelters will be installed according to site suitability and passenger usage. SECOND: The term of this Agreement shall be for five (5) years commencing on July 1, 2021 and expiring on June 30, 2026, which term coincides with the expiration of the License Agreement with the County Licensee (currently Signal Outdoor Advertising, LLC). A copy of the License Agreement is on file with the Westchester County Department of Public Works and Transportation ("WCDPWT") and may be examined by an authorized representative of the Cooperating Municipality upon reasonable notice to the County. This Agreement shall encompass presently existing bus passenger shelters and those constructed pursuant to the License Agreement. THIRD: The design and installation of any bus passenger shelters to be erected within the Cooperating Municipality shall be similar to, but may vary in details from the design drawings entitled "Westchester County Bus Shelter Detail" and dated December, 2010, copies of which are on file with the Cooperating Municipality and the County (hereinafter the "Design Drawings"). In no event, however, shall the size and illumination of the advertising signs vary Page 47 of 116 from those shown in the Design Drawings without prior approval of the Cooperating Municipality. Prior to the County's commencement of any work in connection with the design and construction of any new bus passenger shelters, the Cooperating Municipality shall convey to the County and its successors, assigns, invitees, contractors and agents, a non-exclusive easement, in substantially the form attached hereto as Attachment "B" (the "Easement"), in, upon, under and over any property interest of the Cooperating Municipality as depicted on the maps and legal descriptions contained in Schedule "A" to the Easement, attached hereto and made a part hereof, for the purpose of creating a financeable property interest allowing the County to issue tax exempt general obligation bonds to fund the design and/or construction of any new bus passenger shelters (the "County Bonds"). Said Easement shall be in effect for so long as the County Bonds are outstanding. Upon maturity or redemption of the County Bonds, the County's Easement will automatically terminate. The Cooperating Municipality acknowledges and agrees that the new bus passenger shelters shall be owned by the County. The Cooperating Municipality agrees to execute or cause to be executed any and all such documents as are necessary and appropriate to effectuate County ownership. FOURTH: The revenue received by the County from the County Licensee shall be divided between the County and the Cooperating Municipalities on a 50/50 ratio. The share of the revenue due the Cooperating Municipality will be determined by the ratio of that number of shelters operated by the County Licensee and producing revenue in the Cooperating Municipality to the total County -wide number of shelters operated under the License Agreement during one annual payment period. Payment will be made by the County to the Cooperating Municipality on or around August 31 st of each year of this Agreement, beginning on August 31, 2022. FIFTH: Pursuant to the aforementioned License Agreement, or other written agreement, the County represents that the County Licensee shall be required to hold harmless and defend the Cooperating Municipality and its employees, officers and agents from all claims. suits and actions arising from the construction and maintenance of the shelters. The County represents that during the term of the aforementioned License Agreement, the Cooperating Municipality Page 48 of 116 shall be named as an additional insured under the insurance certificate provided by the County Licensee. SIXTH: All advertising to be displayed on the bus passenger shelters will be submitted to the County Commissioner of WCDPWT for approval. The Cooperating Municipality agrees that this approval shall be sufficient approval for the display of such advertising within the Cooperating Municipality. The County agrees that no political or religious advertising shall be allowed. The County further agrees that no advertising for tobacco products will be allowed, nor shall the County accept any advertising which does not meet reasonable standards of good taste. SEVENTH: The County shall use reasonable efforts to ensure that the County Licensee shall maintain all shelters in good condition. In accordance with the aforementioned License Agreement, the County Licensee shall clean each shelter on a regular basis, and shall be required to repair any damaged shelter. EIGHTH: During the term of this Agreement, the Cooperating Municipality shall not enter into bus shelter advertising programs on its own. The Cooperating Municipality shall waive all municipal fees for the bus shelters. NINTH: If during the term of this Agreement any bus passenger shelter is required to be removed or relocated for any reason at the request of the Cooperating Municipality and upon approval of the County, said approved removal or relocation shall be done only by the County Licensee or the County and/or its contractors. TENTH: This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. ELEVENTH: All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre -paid, or delivered by hand or overnight Page 49 of 116 courier, as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. Notices shall be sent to the following: To the County: Commissioner Department of Public Works & Transportation County of Westchester Michaelian Office Building, Room 500 148 Martine Avenue White Plains, New York 10601 with a copy to: County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 To the Municipality: TWELFTH: This Agreement shall not be enforceable until signed by both parties and approved by the Office of the County Attorney. THIRTEENTH: This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. FOURTEENTH: In the event of any conflict between the terms of this Agreement and those of its attachments, the terms of the Agreement shall control. [NO FURTHER TEXT ON THIS PAGE. ,SIGNATURE PAGE FOLLOWS.] Page 50 of 116 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate. THE COUNTY OF WESTCHESTER LIM Hugh J. Greechan, Jr., P.E. Commissioner of Public Works And Transportation COOPERATING MUNICIPALITY I: (Name & Title) Authorized by the Board of Legislators of the County of Westchester pursuant to Act No. 152- 2021 adopted on the 201h day of September, 2021. Authorized by the governing board of the Cooperating Municipality on the _ day of , 20 . Approved: Sr. Assistant County Attorney Corporate Counsel County of Westchester Cooperating Municipality SIMIDPWIBus.Shelter.IMAs. 9.28.21 Page 51 of 116 MUNICIPALITY'S ACKNOWLEDGEMENT STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On this day of 120 , before me personally came to me known, and known to me to be the of the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he, the said and that he is of said municipal corporation. Notary Public County resides at Page 52 of 116 I, CERTIFICATE OF AUTHORITY (Municipality) (Officer other than officer signing contract) certify that I am the (Title) (Name of Municipality) of the (the" Municipality") a corporation duly organized in good standing under the (Law under which organized, e.g., the New York Village Law, Town Law, General Municipal Law) named in the foregoing agreement that (Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution of the Municipality, (Title of such person), that said agreement was duly signed for on behalf of said Municipality by authority of its (Town Board, Village Board, City Council) thereunto duly authorized, and that such authority is in full force and effect at the date hereof. STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On this (Signature) day of , 20 , before me personally came whose signature appears above, to me known, and know to be the of (title) the municipal corporation described in and which executed the above certificate, who being by me duly sworn did depose and say that he, the said resides at , and that he is the of said municipal corporation. (title) Notary Public County Page 53 of 116 ATTACHMENT "A" [LIST OF SHELTERS LOCATED IN MUNICIPALITY TO BE INSERTED.] Page 54 of 116 ATTACHMENT "B" SAMPLE EASEMENT THIS EASEMENT AGREEMENT, made the _ day of , 20_, by THE CITY, TOWN OR VILLAGE, a municipal corporation of the State of New York, having an office and place of business at ADDRESS (hereinafter referred to as the "Grantor" or the "Municipality"), MM THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601 (hereinafter referred to as the "County" and/or the "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of the fee title of those certain parcels of real property located in the [Insert Municipality Name], New York and identified on the tax maps of the Town as: Section_, Block , Lot which real property is more particularly described in Schedule "A," which is annexed hereto and made a part hereof (the "Subject Property"). That the Grantor in consideration of the sum of One ($1.00) Dollar lawful money of the United States, paid by the Grantee, receipt of which is hereby acknowledged, does hereby grant and release unto the Grantee, its successors and assigns, a non-exclusive easement (the "Easement") in, on, over, under and through the Subject Property, as more particularly described in Schedule "A" which is attached hereto and made a part hereof for the purpose of accessing, constructing, operating, maintaining, repairing, replacing, inspecting, and/or restoring certain improvements (the "Improvements") as described in a separate inter -municipal agreement between the Grantor and Grantee, to construct, operate, maintain, repair, replace, inspect, and/or restore the Improvements. The Easement granted herein is subject to the following restrictions: The Grantor covenants that, until such time as the Bonds (defined below) have matured or been fully redeemed, neither it, nor its successors or assigns, shall do anything, or allow anything to be done, which in the reasonable opinion of the County would injure, endanger, impede use of or impair the Improvements in any material respect, or the operation thereof, located within the Subject Property. The Grantor acknowledges that the easement rights of the County granted herein regarding the Improvements constructed in, on, over, under or through the Subject Page 55 of 116 Property shall encumber such Improvements for so long as the bonds of the County (the "Bonds"), which made funds available for said Improvements are outstanding, pursuant to the terms of a certain inter -municipal agreement by and between the Municipality and the County. The Grantee shall not interfere with or disturb the construction, use, operation, maintenance or repair of any improvements now or hereafter situated within or upon the Subject Property. The Easement shall run with the land and the provisions contained herein shall be binding upon and inure to the benefit of and be enforceable by the County, its successors and assigns until the Bonds have matured or been fully redeemed. TO HAVE AND TO HOLD the Easement granted herein unto the County, its successors and assigns, until such time as the Bonds have matured or been fully redeemed. IN WITNESS WHEREOF, the Grantor has executed this instrument the day and year first above written. [GRANTOR MUNICIPALITY] Un COUNTY OF WESTCHESTER LIM Record and Return to: Page 56 of 116 MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ss.. COUNTY OF WESTCHESTER) On the day of in the year 20_ before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein. Signature and Office of individual taking acknowledgment COUNTY'S ACKNOWLEDGMENT STATE OF NEW YORK No COUNTY OF WESTCHESTER) On the day of in the year 20_ before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein. Signature and Office of individual taking acknowledgment Page 57 of 116 SCHEDULE "A" [Legal Description of the Easement.] COMMUNITY NUMBER ON STREET CROSS STREET LOCATION Mamaroneck Boston Post Rd (US N/W (Twn) MT01 1) Dillon Rd Corner Mamaroneck N/E (Twn) MT02 Palmer Ave Rich Bell Road Corner Page 58 of 116 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: January 19, 2022 SUBJECT: 2021 Increase in the Tax Exemption for Cold War Veterans ATTACHMENTS: 1. Public Hearing - 2021 Increase in the Tax Exemption for Cold War Veterans Page 59 of 116 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, January 19, 2022 at 8:00 PM or as soon thereafter as is possible, to consider the "2021 Increase in the Tax Exemption for Cold War Veterans" law, at the Mamaroneck Senior Center, 1288 Boston Post Road, Larchmont, New York. Purpose: The Town provides a partial tax exemption for certain real property owned by certain veterans. The underlying statute for this exemption has been amended to increase the exemption. The Town Board determines that it is fitting for the Town to increase the exemption to the maximum amount allowed by law. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. 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: January 5, 2022 Page 60 of 116 Local Law No. - 2021 This local law shall be known as the "2021 Increase in the Tax Exemption for Cold War Veterans" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1- Purpose: The Town provides a partial tax exemption for certain real property owned by certain veterans. The underlying statute for this exemption has been amended to increase the exemption. The Town Board determines that it is fitting for the Town to increase the exemption to the maximum amount allowed by law. Section 2 - Amendment of a current section of the Mamaroneck Code: Section 195-32 A and B of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 195-32 Amount of exemption; limitations. A. Qualified residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $75,000 or the product of $ 75,000 multiplied by the latest state equalization rate for the Town. B. In addition to the exemption provided by this article, where the Cold War veteran received a compensation rating from the United States Department of Veterans Affairs or from the United States Department of Defense because of a service -connected disability, qualified residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by 50% of the Cold War veteran disability rating; provided however, that such exemption shall not exceed $250,000 or the product of $250,000 multiplied by the latest state equalization rate for the Town, whichever is less. 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. December 3, 2021 Page 61 of 116 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: January 19, 2022 SUBJECT: 2021 Increase in the Alternative Veterans Tax Exemption ATTACHMENTS: 1. Public Hearing - 2021 Increase in the Alt. Veterans Tax Exemption Page 62 of 116 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, January 19, 2022 at 8:00 PM or as soon thereafter as is possible, to consider the "2021 Increase in the Alternative Veterans Tax Exemption" Law, at the Mamaroneck Senior Center, 1288 Boston Post Road, Larchmont, New York. Purpose: The Town provides a partial tax exemption for certain real property owned by certain veterans. The underlying statute for this exemption has been amended to increase the exemption. The Town Board determines that it is fitting for the Town to increase the exemption to the maximum amount allowed by law. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. 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: January 5, 2022 Page 63 of 116 Local Law No. - 2021 This local law shall be known as the "2021 Increase in the Alternative Veterans Tax Exemption" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1— Purpose: The Town provides a partial tax exemption for certain real property owned by certain veterans. The underlying statute for this exemption has been amended to increase the exemption. The Town Board determines that it is fitting for the Town to increase the exemption to the maximum amount allowed by law. Section 2 — Amendment of a current section of the Mamaroneck Code: Section 195-28 A, B and C of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 195-28 Amount of exemption; limitations. A. Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $75,000 or the product of $ 75,000 multiplied by the latest state equalization rate for the Town. B. In addition to the exemption provided by paragraph A of this subdivision, where the veteran served in a combat theater or combat zone of operations, as documented by the award of a United States campaign ribbon or service medal, or the armed forces expeditionary medal, naval expeditionary medal, marine corps expeditionary medal, or global war on terrorism expeditionary medal, qualifying residential real property also shall be exempt from taxation to the extent of 10% of the assessed value of such property; provided, however, that such exemption shall not exceed $50,000 or the product of $50,000 multiplied by the latest state equalization rate for the Town, whichever is less. C. In addition to the exemptions provided by paragraphs A and B of this subdivision, where the veteran received a compensation rating from the United States Veterans Administration or from the United States Department of Defense because of a service -connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by 50% of the veteran's disability rating; provided however, that such exemption shall not exceed $250,000 or the product of $250,000 multiplied by the latest state equalization rate for the Town, whichever is less. For the purpose of this paragraph, where a person who has served in the active military, naval or air service during a period of war died in service of a service connected disability, such person shall be deemed to have been assigned a compensation rating of 100%. Page 64 of 116 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. December 3, 2021 2 Page 65 of 116 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: January 19, 2022 SUBJECT: Fire Claims ATTACHMENTS: Fire Claims Jan -19 2022 Page 66 of 116 Town of Mamaroneck From: Re: Date: Tracy Yogman - Town Comptroller T Fire Claims January 19, 2022 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 All -State Air Control Sales & Services Repair of Ice Machine on Apparatus floor $ 579.81 Grill replacement parts - catch pan & holder, porcelain flavor bars, Amazon.Com replacement of broken refrigerator, UPS battery for Alarm Room. 1,031.79 Amazon.Com ID cards and computer peripherals 174.07 5pk of 24 AA batteries, 2 6pk T28 fluorescent bulbs, HWC 20' tie, 12 Amazon.Com pairs white uniform gloves, (10) hook n loop ties, (4) pullovers 574.04 Amazon.Com Tarp, Paper trimmer, 2022 Desk Calendar refill 116.63 Bound Tree Medical LLC (25) Curaplex Hot Pack, medical supplies 227.44 Minerva Cleaners Cleaning, inspection, patching of uniforms 861.00 Champion Elevator Corp. Repair Emergency Power Pack - install new battery 205.00 Chatsworth Cleaners Uniform Cleaning - November 2021 103.92 Fire Companies.Com, INC Platinum Package - hosting & maintenance 11/1/21 209.97 Fire -End & Croker Corp Haix Fire Hunter boots - Baker 307.23 Lion Turnout V Force BI Swing coat & V Force Turnout Pants, with Fire -End & Croker Corp outer shell 3,310.80 Firefighter Equipment of NY Repair of turnout pants & coat - Dyer 377.09 Foley Hardware 3/8" trigger snap, 1/7" quick link 20.19 Grainger White indoor Plug In timer 8.80 Grainger 12 pack disinfectant spray 77.28 Hughes, Shaun Flowers/wreaths, wire hooks, light/tinsel - for Firehouse 151.36 Hughes, Shaun (2) FDNY life saving rope bag, (2) search & rescue rope bag 285.19 Konica Minolta Business Sol. Copier Lease - Oct 2021 133.42 KVI Uniforms & Equipment (8) navy shirts, embroidery of shirts, (100) FD patches 951.92 Landfall Mustang Water Rescue Dry Suit 1,085.00 Optimum Cable Services for 12/23-1/22/22 271.05 Ready Refresh Water Cooler rental and paper fee 11/19/21-12/18/21 161.96 Sound Shore Pest Control Exterminating services 11/24/21 65.00 SG Fire Protection Kitchen hood cleaning 475.00 Starr Uniform Center (4) Dress uniforms 1,394.19 TOM Fire Dept. Meal for Members at Drill 12/24/21 162.93 TOM PFFA Q4 2021 Life insurance for Career Staff of 14 660.24 UniFirst Corporation Cleaning Supplies 10/15, 12/10, 12/17, 12/24/21 546.37 2022 Service Awards for Volunteers -Admin Svices & Investment VFIS Deposit 87,245.00 Verizon Fire HQ service 12/10/21-1/9/22 275.12 Verizon TMFD 300M Fios Redundant Circuit 12/25/21 289.99 Village Paint Supply, Inc. Regal select paint for Alarm painting project 78.98 Food for Explorer Drill 12/1, Hose Line/Overhaul Drill 12/20, Fast Drill Villa Maria Pizza 12/22, Bailout training 12/27, Driver training 12/30/21 439.31 Villa Maria Pizza Food for Drill Lecure 5/6, Drill Inventory 9/2, Scene Operations 10/31 231.73 WJWW 6" Metered fire service 10/26-11/25/21 37.00 WJWW 6" Metered fire service 11/26-12/25/21 37.00 WJWW Water charges -205 Weaver St 11/22-12/27/2021 95.17 Total $ 103,257.99 Page 67 of 116 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: January 19, 2022 SUBJECT: Authorization - Purchasing of a Fire Truck ATTACHMENTS: Authorization - Purchasing of a Fire Truck Page 68 of 116 �k-d-� tsscte.,C CONTRACT THIS AGREEMENT; made by and between Seagrave Fire Apparatus, LLC of Clintonville, Wisconsin, hereinafter referred to as the "Seller", and Town of Mamaroneck Fire District, Larchmont, NY, by its authorized representative, hereinafter referred to as the "Purchaser". 1. The Seller hereby agrees to furnish two (2) units of Seagrave model TB50CT Marauder Pumper, hereinafter referred to as "Apparatus and Equipment", according to the mutually agreed specifications and change order documents hereto attached and made a part of this contract, and to deliver the same as hereinafter provided. 2. The Seller guarantees that all material and workmanship in and about the Apparatus and Equipment shall comply with the mutually agreed specifications and change orders. In the event there is any conflict between the City Bid Specifications and the Seagrave Bid Proposal, the mutually agreed specifications and change orders will prevail. The standard Seagrave Limited Warranty will apply as provided for in the mutually agreed specifications and change orders. Minor details of materials and construction, not otherwise specified, shall be left to the decision of the Seller who shall be solely responsible for the design, engineering and construction of all features of the apparatus. Any changes to the contract or purchase order must be approved in advance through the issuance of a written change order by the Seller. The Seller will not assume responsibility for performing any change requested but not approved by the Purchaser within five (5) days of the change order submission for approval. The Apparatus and Equipment shall be ready for delivery from Clintonville, Wisconsin, within 480 calendar days after the receipt of the (i) mutually agreed specifications, (ii) change order documents and (iii) approval drawing signed by the authorized representative of the Purchaser. The mutually agreed specifications and change order documents and approval drawing shall be delivered to the Purchaser for their signature in not more than 31 days from contract receipt at Seagrave or not more than five days from pre -construction meeting, if so provided. Delays due to change orders, strikes, failures to obtain materials, or other causes beyond Seagrave's control will be just cause for delay in delivery. The completed Apparatus and Equipment shall be delivered to the Purchaser at: Town of Mamaroneck Fire District 205 Weaver Street Larchmont, NY 10538 4. A competent representative shall, upon request, be furnished by the Seller to demonstrate said Apparatus and Equipment for the Purchaser and to familiarize the Purchaser's employees in the operation and handling of the Apparatus and Equipment. 5. The Purchaser purchases and agrees to pay for said Apparatus and Equipment, the sum of One Million, Eight Hundred Forty -Four Thousand, Four Hundred Fifty -Two Dollars ($1,844,452.00); $929,195.0 for the first pumper and $915,257.00 for the second pumper, state, federal, FET, or local taxes not included. Payment of any such taxes are the responsibility of the Purchaser. Terms are net, payment in full upon delivery of the apparatus to the customer. If the contract includes Dealer Furnished Equipment and services, the apparatus will be delivered to the customer and payment made, less five (5) percent of the Contract Price that is held by the fire department until all items and services are provided by the Dealer. The 5% Final Payment and Acceptance will be made once the terms of the contract are satisfied by the Dealer. IM��- 5.1 This Contract is contingent upon the successful passing of the required State of New York 'Thirty -Perffftstv&Referendum'. A Sales Order Number will not be assigned to the two (2) Pumpers until Seagrave receives written notification that the referendum has passed and approval is granted to proceed for Page 1 of 3 120418 R2 Seagrave to countersign this Contract. 5.2 All payments shall be made payable to Seagrave Fire Apparatus, LLC and shall be mailed directly to: Seagrave Fire Apparatus, LLC 7285 Solutions Center CI►icago, IL 60677-7002 5.3 The Apparatus and Equipment must be paid in full prior to being placed in fire service. 5.4 If more than one piece of Apparatus and Equipment is covered by this Contract, the above terms of payment shall apply to each piece, and an invoice covering each piece shall be rendered in the proper amount. 6. In the case that no final inspection is made by the Purchaser at the factory prior to shipment and the Purchaser desires to test the Apparatus and Equipment upon receipt, such test shall be made within three (3) days after arrival at the delivery destination specified above. A written report of such test shall be delivered forthwith to the Seller at its principal office at Clintonville, Wisconsin. If no such test be made, or if no such report be made by the Purchaser within three (3) days after arrival, then the Apparatus and Equipment shall be considered as fully complying with the contract specifications. 7. It is agreed that the Apparatus and Equipment covered by this contract shall remain the property of the Seller until the Apparatus and Equipment is delivered and accepted by the Purchaser, such acceptance shall not be unreasonably withheld or delayed. In case of any default in payment the Seller may take full possession of the Apparatus and Equipment, or of the piece or pieces upon which default has been made, and any payments that have been made shall be applied as rent in full for the use of the Apparatus and Equipment up to date of taking possession. 8. In the event that any applicable Federal or State Regulations (DOT, FMVSS, EPA, etc.), National Fire Protection Association Standards or import tariffs which are enacted during the course of this contract, and which requires a change in the contract specifications and purchase price in order for the Apparatus and Equipment to comply with such regulation, the parties will execute a change order describing the change in the specifications and increasing the purchase price by an amount equal to the increase in the costs of producing the Apparatus and Equipment. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without regard to principles of conflict of laws. Each party hereby consents that the exclusive venue for any dispute of claim relating to this Agreement shall be in the state courts sitting in Waupaca County, Wisconsin. Each party hereby consents to the personal jurisdiction of such courts. 10. Except for damages, claims or losses due to Seagrave's acts of gross negligence, Purchaser or user, to the extent permitted by law, will indemnify and hold Seagrave and Seagrave's property, free and harmless from any liability for losses, claims, injury to or death of any person, including Purchaser or user, or for damage to property arising from Purchaser or user using and possessing the Apparatus and Equipment or from the acts or omissions of any person or persons, including Purchaser or user, using or possessing the Apparatus and Equipment with Purchaser or user's express or implied consent. The provisions hereof shall survive expiration or termination of this Agreement. 11. Risk of loss shall pass to the Purchaser upon delivery and acceptance of the Apparatus and Equipment. 12. To be binding the contract must be signed and approved by an Officer of Seagrave Fire Apparatus, LLC. This Page 2 of 3 120418 R2 contract and mutually agreed specifications and change order documents take precedence over all previous negotiations, and no representations are considered as entering into this contract except as are contained herein or in the mutually agreed specifications and change order documents included herein. IN WITNESS WHEREOF, the said parties have caused these presents to be executed and the Purchaser has caused its corporate seal to be hereunto affixed, and attested by its authorized representatives, on this day of 20_ TOWN OF MAMARONECK FIRE DISTRICT, LARCHMONT, NY ("Purchaser") S Please print name here By Please sign name here Title Purchaser z please print name here By Please sign name here Title _ Purchaser SEA GRA VE FIRE APPARATUS, LLC ("Seller") By Ulisses D. Parmeziani Title: President and Chief Executive Officer Seller Date of Acceptance: Page 3 of 3 120418 R2 On motion of Commissioner , seconded by Commissioner , the following was approved, BE IT RESOLVED, that the Town Administrator hereby is directed to execute a contract on behalf of the Town to purchase two Seagreave model TB50CT Marauder Pumpers for the price of $1,844,452.00; but only if that the contract provides that it will become null, void and of no further force and effect if the electorate votes not to approve the bond that the Town will require in order to fund the purchase. The above resolution was put to a roll call vote: Nichinsky King Fiddelman Katz Elkind Eney Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: January 19, 2022 SUBJECT: Report of Bids - TA -21-16 - On -Call Town Infrastructure Repairs ATTACHMENTS: THIS DOCUMENT IS LOCATED IN THE WORK SESSION - REPORT OF BIDS - TA -21-16 - ON-CALL TOWN INFRASTRUCTURE REPAIRS Page 70 of 116 THIS DOCUMENT IS LOCATED IN THE WORK SESSION - REPORT OF BIDS - TA -21-16 - ON- CALL TOWN INFRASTRUCTURE REPAIRS Page 71 of 116 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: January 19, 2022 SUBJECT: Authorization - Town's Public Portal ATTACHMENTS: THIS DOCUMENT IS LOCATED IN THE WORK SESSION —AUTHORIZATION — PUBLIC PORTAL Page 72 of 116 THIS DOCUMENT IS LOCATED IN THE WORK SESSION - AUTHORIZATION - PUBLIC PORTAL Page 73 of 116 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: January 19, 2022 SUBJECT: Authorization - 2022 Part-time, Seasonal and Part-time Availability Salary Schedule ATTACHMENTS: Authorization - 2022 Part-time, Seasonal and Part-time Availability Salary Schedule Page 74 of 116 • 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 CGreenODonnell@Towno fMaanaroneckNY.org TO: Meredith S. Robson, Town Administrator Jaine Elkind Eney, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Deputy Town Administrator DATE: January 11, 2022 SUBJECT: Salary Schedule for Part-time, Seasonal & Part-time Availability Employees The enclosed Part-time, Seasonal and Part-time Availability Salary Schedule reflects the 2022 salary ranges for the job titles listed. The salary ranges indicated were used in formulating the 2022 Town Budget that was adopted in December. Town Board authorization is required in order to continue the practice of hiring part- time, seasonal and part-time availability employees without having to obtain individual approval from the Town Board during the calendar year, provided their title is listed and the salary falls within the range indicated. ACTION REQESTED: That the Town Board approve the 2022 Part-time, Seasonal and Part-time Availability Salary Schedule. Page 75 of 116 2Town of Mamaroneck F W wflE, o +ac f Part-time, Seasonal & Part-time Availability Salary Schedule 2022 Hommocks Day Camp Director Assistant Director Unit Leaders Specialist/EMT Counselor/Lifeguard Custodian $8,000 - $14,000/season $4,600 - $10,000/season $2,800 - $6,700/season $2,200 - $5,600/season $1,500 - $4,500/season $1,000 - $4,500/season Hommocks Day Camp Breakfast Club & Extended Day Director $1,000 - $3,500/season Specialist $800 - $1,400/season Counselor $1,200 - $1,600/season Pre School Camp & Extended Day Director Assistant Director Unit Leader Specialist/EMT Counselor Hommocks Pool Manager/CPO Lifeguard Key Attendant Swim Instructor Early Morning Swim Lifeguard Matron/Custodian Head Coach Assistant Coach $3,800 - $8,500/season $2,600 - $5,000/season $1,200 - $4,200/season $1,200 - $4,500/season $800 - $3,000/season $16.00 - $30.00/hr. $10.00 - $25.00/hr. $9.00 - $20.00/hr. $12.00 - $60.00/hr. $30.00 - $40.00/session $14.00 - $25.00/hr. $9,000 - $12,000/season $2,100 - $7,000/season 1 . _ Page 76 of 116 Diving Coach $4,500 - $8,500/season Aqua jog/Aqua Zumba Instructor $50.00 - $80.00/session Lifeguard Instructor $25.00 - $50.00/hr. Proaram Instructors Kayak Instructor $15.00 - $40.00/hr. Paddleboard Instructor $50.00 - $90.00/hr. Cooking Instructor $45.00 - $55.00/hr. Dance Instructor $50.00 - $75.00/hr. Art Instructor $50.00 - $75.00/hr. Music/Movement Instructor $50.00 - $75.00/hr. Fashion/Sewing/Beading Instructor $70.00 - $120.00/hr. Fitness Instructor $50.00 - $75.00/hr. Volleyball Instructor $40.00 - $80.00/hr. Men's Basketball Instructor $40.00 - $80.00/hr. Ice Hockey Instructor $8.00 - $35.00/hr. Ice Hockey Director $40.00 - $75.00/hr. Trivia Instructor $50.00 - $85.00/hr. Alternate Manager $16.00 - $30.00/hr. Recreation Supervisor $20.00 - $25.00/hr. Cashier $14.00 - $25.00/hr. Custodian $14.00 - $20.00/hr. Skate Guard $12.00 - $17.00/hr. Skate Room Attendant $12.00 - $15.00/hr. Floor Changeover $20.00 - $40.00/hr. Skating School Skating School Director $17,000 - $25,000/season Skating School Instructor $8.00 - $30.00/hr. Concerts Crossing Guard $60.00 - $75.00/event Memorial Park Park Attendant $12.00 - $18.00/hr. Park Maintenance Aid $12.00 - $30.00/hr. 2 1 P a g e Page 77 of 116 Senior Center Recreation Attendant $15.00 - $28.00/hr. Bus Driver $15.00 - $22.00/hr. Recreation Assistant $20.00 - $30.00/hr. Ambulance District Paramedic $34.00 - $38.00/hr. EMT $20.00 - $24.00/hr. Police Department Parking Enforcement Officer $20.00 - $26.00/hr. School Crossing Guard $60.00 - $90.00/day Court Court Attendant $35.00 - $44.00/hr. Miscellaneous Intermediate Account Clerk $15.00 - $35.00/hr. Intermediate Clerk $15.00 - $35.00/hr. Office Assistant $15.00 - $37.00/hr. IT Support - Intern $15.00 - $25.00/hr. Laborer $9.00 - $35.00/hr. Mechanic $35.00 - $42.00/hr. 31 Page Page 78 of 116 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: January 19, 2022 SUBJECT: Salary Authorization - Police Officer ATTACHMENTS: Authorization - Police Hire Page 79 of 116 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3319 Office of the Police Chief January 7, 2022 From: Chief Paul Creazzo To: Board of Police Commissioners Subject: REQUEST FOR SALARY AUTHORIZATION Salary authorization is requested for the position of Probationary Police Officer at an annual rate of $59,995.00 914/381-6100 The department wishes to appoint Vincent Cuccia of Cortlandt Manor, New York to the position of Probationary Police Officer. Mr. Cuccia received an Associate's Degree in Social Science from Westchester Community College. He has been employed by the City of Mount Vernon Police Department as a Police Officer since 2020. Prior to working in Mount Vernon, he served four years as a Police Officer with City of New York in the South Bronx where he was assigned as a Neighborhood Coordination Officer, attaining vast experience in community outreach. Mr. Cuccia will be hired as a resignation reinstatement and therefore will not be required to attend the academy for this position. The hiring of Mr. Cuccia is contingent upon approval by the Westchester County Human Resources Department and meeting the screening requirements set forth by the Town of Mamaroneck. Pending your approval, the anticipated appointment date for this position will be before February 15, 2022. Respectfully submitted, Paul Creazzo Chief of Police �. Page 80 of 116 It. 4t Printed an Recycled Paper • , Town of Mamaroneck J�_ ;. Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7812 FAX: (914) 381-7809 CGreenODontiel]@TownofMamaroneckNY.org TO: Meredith Robson, Town Administrator Jaine Elkind Eney, Town Supervisor Town Board Members FROM: Connie Green O'Donnell, Deputy Town Administrator DATE: January 11, 2022 SUBJECT: Authorization to Appoint a General Manager - Hommocks Park Ice Rink Authorization is requested to appoint Matthew Angst to the position of General Manager - Hommocks Park Ice Rink at an annual salary of $107,000, effective no later than February 10, 2022. Robert Lunde, who has held this position for more than thirty-two (32) years, will be retiring in March. The salary for the position is reflected in the 2022 budget. This is a non- competitive Civil Service position and, if appointed, he would serve a fifty-two (52) week probationary period. Enclosed for your review is his proposed employment agreement. After an extensive search and interviewing a number of qualified candidates, the interview committee agreed that Mr. Angst is the most qualified and possessed the necessary skills to assume the role of General Manager of the Hommocks Park Ice Rink. In 2012, Mr. Angst graduated from St. Joseph's College with a B.S. Degree in Leisure Service Management. The majority of his work experience is with the City of Long Beach Parks and Recreation Department. He was a part-time Recreation Specialist from 2005 to 2012. Post - graduation he was hired full-time as a Recreation Leader and served as the Facility and Program Director of the City of Long Beach Ice Arena. In 2019, he left to assume the position of Superintendent of Parks & Recreation with the Village of East Hills and returned to the City of Long Beach in 2021. According to Jill Fisher, Superintendent of Recreation, Mr. Angst's background is such that it is anticipated he will be an asset to the overall operations of the ice rink. His having worked at a municipal owned ice rink for seventeen (17) years, provides him with the experience needed to oversee the ice rink operations. He posseses the combination of skills and required knowledge needed for this position. Ms. Fisher contacted his references and they verified his background and experience. Their comments were very favorable regarding his leadership capabilities and his being the type of person who will far exceed our expectations. ACTION REQUESTED: That the Town Board approve the appointment of Mathew Angst to the position of General Manager, Hommocks Park Ice Rink at an annual salary of $107,000 no later than February 10, 2022 and that the Town Administrator is authorized to sign the employment agreement. Page 81 of 116 • I'o�vn of Mamaroneck Toren Center 740 West Boston Post Road. Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7802 FAX: (914) 381-7809 MRobson((iTownofMamaroiieckN Y.org January 11, 2022 Matthew E. Angst Re: Employment Agreement Dear Mr. Angst: Following are the terms and conditions of your employment offer to serve as the General Manager of the Hommocks Park Ice Rink at the Town of Mamaroneck. Salary: Your starting annual salary will be $107,000. Future salary adjustments for management staff will be considered during the annual budget review process. Employment Status: In accordance with Civil Service, during your first year of employment you will be classified as a probationary employee. After successfully completing your probationary period, you will attain permanent Civil Service status. Health Insurance: You and your eligible dependents will be offered coverage through the New York State Health Insurance Program (NYSHIP). If elected, coverage is effective the first of the month following your hire date. You will be required to pay ten percent (10%) of the premium, which is adjusted each calendar year based on NYSHIP's premium. If you retire through the New York State and Local Retirement System (NYSLRS) and have completed fifteen (15) years of continuous service with the Town, you and your eligible dependents will be entitled to receive healthcare coverage in retirement. If elected, you will be required to pay ten percent (10%) of the premium. The cost for retiree healthcare coverage may be paid by accrued health insurance credits as explained in the attached "CSEA Retiree Health Care Contribution System" statement. In the event you predecease your eligible dependents, the Town, at its expense, will continue to provide healthcare coverage for your eligible dependents for three (3) 11 Page Page 82 of 116 months commencing the first of the month following your death. At the end of the three (3) month period, your dependents' eligibility to continue coverage will be in accordance with the NYSHIP provisions. ➢ Health Insurance "Buy-out": If you decide not to elect the NYSHIP coverage, you will be eligible for the "buy-out" payment provided you are not covered by the NYSHIP for a period of twelve (12) consecutive months. The payment would be five thousand dollars ($5,000) if you are eligible for a family health insurance plan or four thousand dollars ($4,000) if you are eligible for an individual plan, both of which would be subject to applicable withholding and payroll taxes. A New York State and Local Retirement System: You will be required to continue your participation in the New York State and Local Retirement System (NYSLRS). The Town will provide you with the benefits of Section 41 j which would permit you to use unpaid sick leave up to one hundred sixty-five (165) days towards retirement service credit. A Dental Plan & Vision Plan: You and your eligible dependents will be covered by the MetLife Dental Plan and the CSEA Employee Benefit Fund Vision Plan at no cost. ➢ Life Insurance & Accidental Death & Dismemberment Insurance: You will be covered by a ten thousand dollar ($10,000) life insurance policy and a ten thousand dollar ($10,000) accidental death and dismemberment policy at no cost. ➢ 457(b) Deferred Compensation Plan: You will be eligible to participate in the New York State Deferred Compensation Plan, which allows salary deferrals on a pre-tax basis subject to annual IRS contribution limits. ➢ Sick Days: In your first calendar year of employment, you will receive eleven (11) sick days provided your hire date is in January. If your hire date is in February than you will receive ten (10) sick days in your first year of employment. In subsequent years on January 1, you will be credited with twelve (12) sick days. The balance of unused sick days is carried over to the following calendar year and there is no limit as to the number of days that can be accumulated. An additional sick day is earned, if you have not used a sick day in a consecutive four (4) month period in a calendar year. In addition, if in any calendar year, you have not used sick time, you will be eligible to receive a four hundred dollars ($400) attendance bonus. This amount will be adjusted accordingly to maintain consistency with the CSEA Agreement. Upon retirement, the Town will pay you at the rate of eighty dollars ($80) per day for any accumulated sick leave in excess of one hundred and sixty-five (165) days to a maximum of two hundred and forty (240) days. The maximum number of days for which you will be paid is seventy-five (75). This benefit may be adjusted, if different from the amount in the CSEA Agreement in effect at the time you retire. A New York State Disability Benefits: You will be entitled to New York State Disability Benefits for non -work related illnesses or injuries at no cost. The benefits 21 Page Page 83 of 116 commence on the eighth (8th) consecutive day of the disability and continue up to a maximum of twenty-six (26) weeks or until you are no longer disabled, whichever occurs first. On days which you are eligible to receive benefits, you will continue to receive full salary and will only be charged one-half (%a) day of sick time. Additional details are provided in the CSEA Agreement. A Workers' Compensation: You will be entitled to Workers' Compensation benefits pursuant to the applicable requirements of the laws of New York State. If you are absent due to a work related injury or illness as defined as defined by the law, you shall be granted leave with full pay for a period not to exceed nine (9) months, exclusive of accumulated sick leave and vacation leave. During such absence, you shall not accrue sick leave or vacation leave credits. Vacation Days: You will be entitled to fifteen (18) vacation days each calendar year. Requests to schedule vacation are subject to the approval of the Superintendent of Recreation and requests to carry over vacation must be approved by the Town Administrator or their designee. If upon retirement, resignation or separation (other than cause), you will be paid for unused vacation not to exceed one (1) year of vacation entitlement. Your vacation entitlement will increase in accordance with the schedule in the CSEA Agreement. ➢ Longevity Pay: You will receive longevity payments in accordance with the CSEA Agreement. This benefit will be adjusted accordingly to maintain consistency with the CSEA Agreement. ➢ Health Club or Gym Memberships: You will be eligible for reimbursement of health club or gym membership expenses up to a maximum of two hundred and seventy- five dollars ($278) each calendar year. This amount will be adjusted accordingly to maintain consistency with the CSEA Agreement. A Work Schedule: You will be required to work on holidays and weekends, when necessary, to ensure the Ice Rink operations are running smoothly and efficiently. Therefore, your weekly work schedule will vary and is subject to the approval of the Superintendent of Recreation. ➢ Town Vehicle: The Town will provide you with use of a vehicle during the workday for business purposes. A Personal Time: You will be entitled to personal leave for appointments and personal business that cannot be scheduled outside the normal work hours. Requests for personal leave are subject to the approval of the Superintendent of Recreation. ➢ Holidays: You will be entitled to the paid holidays listed in the collective bargaining agreement between the Town and the Civil Service Employees Association. . 3 1 P a g e Page 84 of 116 As General Manager, it is understood there will be no personal conflict of interest pertaining to you that will adversely affect your ability to perform the duties of this position. You agree that you shall not conduct any private work that would be in conflict with your duties as General Manager. We look forward to your joining the staff and hope you find it to be a truly rewarding and challenging experience. Sincerely, Meredith S. Robson Town Administrator Please indicate your acceptance of this Employment Agreement by signing where indicated below. Matthew E. Angst Date cc: Connie Green O'Donnell, Deputy Town Administrator Jill Fisher, Superintendent of Recreation Lindsey Luft, Assistant to the Town Administrator 41 Page Page 85 of 116 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: January 19, 2022 SUBJECT: Adoption - Senior and Disability Exemption ATTACHMENTS: THIS DOCUMENT IS LOCATED IN THE WORK SESSION — AUTHORIZATION — SENIOR AND DISABILITY EXEMPTION Page 86 of 116 THIS DOCUMENT IS LOCATED IN THE WORK SESSION - AUTHORIZATION - SENIOR AND DISABILITY EXEMPTION Page 87 of 116 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: January 19, 2022 SUBJECT: Authorization - IMA - Waverly Bridge Sidewalk ATTACHMENTS: THIS DOCUMENT IS LOCATED IN THE WORK SESSION - AUTHORIZATION - IMA - WAVERLY BRIDGE SIDEWALK Page 88 of 116 THIS DOCUMENT IS LOCATED IN THE WORK SESSION - AUTHORIZATION - IMA - WAVERLY BRIDGE SIDEWALK Page 89 of 116 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: January 19, 2022 SUBJECT: Authorization - IMA - Bus Shelter ATTACHMENTS: 1. THIS DOCUMENT IS LOCATED IN THE WORK SESSION - AUTHORIZATION - IMA - BUS SHELTER Page 90 of 116 THIS DOCUMENT IS LOCATED IN THE WORK SESSION - AUTHORIZATION - IMA - BUS SHELTER Page 91 of 116 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: January 19, 2022 SUBJECT: Certiorari ATTACHMENTS: 1. Certiorari Page 92 of 116 December 15, 2021 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD DECEMBER 15, 2021 BEGINNING AT 5:00 PM, AND CONTINUING AT 8:00 PM. PURSUANT TO THE GOVERNOR'S EXECUTIVE ORDER NO. 202.1, SUSPENSION OF LAW ALLOWING THE ATTENDANCE OF MEETINGS TELEPHONICALLY OR OTHER SIMILAR SERVICE: Article 7 of the Public Officers Law, to the extent necessary to permit any public body to meet and take such actions authorized by the law without permitting in public in-person access to meetings and authorizing such meetings to be held remotely by conference call or similar service, provided that the public has the ability to view or listen to such proceeding and that such meetings are recorded and later transcribed; 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 Lindsey Luft Assistant to the Town Administrator CALL TO ORDER - WORK SESSION The Worksession of the Town Board was called to order by Supervisor Seligson, then on motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Work Session was unanimously opened at 5:00 p.m. Additionally Present: Tracy Yogman Town Comptroller Updates — (a) LMC Media (b) Sanitation (c) Recreation (added item) (a) Councilwoman Katz issued a detailed recap of the recent Board of Control meeting. Additional to the memo topics, Councilwoman Katz stated that 2022 funding for LMC Media has been approved. Although, the Village of Larchmont will negotiate with franchises directly, they will continue funding LMC Media's budget. There are new questions based on the Village of Larchmont no longer participating in the Board of Control; Ms. Robson will work with Mr. Maker on answers to the questions posed in the memo. Ms. Nichinsky, incoming Councilwoman, asked if a write up could be prepared to better understand the history of where the Town finds itself today. Mr. Maker stated that he had prepared memos a few years ago and he will reissue them to the Town Board. The Town Board would like to begin work on a services agreement with LMC Media. Page 93 of 116 December 15, 2021 (b) The Town Board reviewed a memo from the Town Supervisor, which addresses a proposal for allocating fund balance in the Commission to address the overcharges to the Village of Larchmont. The Village of Larchmont has agreed to accept the proposed distribution of fund balance as a resolution to the overcharges. The Town Board discussed their hesitance at using the entire fund balance, adding this goes against Town policy of no less than 15% for fund balances. There was discussion on how the figures in the memo were calculated, and Tracy Yogman Town Comptroller screen shared an additional document titled Calculation of Undercharge/Overcharge 2016-2020 using 3.8% Correction. Supervisor Seligson stated the use of the fund balance is the only mechanism to rectify the overbilling. Councilwoman Katz would like the Town Board to meet prior to the next joint Sanitation discussion meeting with the Village of Larchmont. Councilwoman Elkind Eney would request in writing that the issuance of the fund balance would create a 'clean slate'. Supervisor Seligson emphasized finalizing this arrangement before the end of the year. The Town Board 'agreed in principal', barring no new information that disputes what was presented, with the addition of a release clause. (c) Councilwoman Elkind Eney gave an update on Recreation as follows: 1) There was a favorable replacement for the position of Ice Rink Manager, but it appears that individual has now declined the position, and the search will start over. Mr. Lunde is retiring in March, so there is concern about the transition. 2) Pre COVID, the Town was approached by Fields For Kids (FFK) with a proposal for a track and field in the Town. They have returned to the Recreation Commission with a proposal for a master plan for all fields and facilities in the three municipalities. FFK has not approached the two villages about the plan yet. The question posed by FFK is whether the Town would agree to a Tri -Municipal Master Plan. It was noted as a reminder to FFK, that the Hommocks Field are not available for development due to its environmental location, drainage and piping from Hampshire property. Discussion — Mask/Vaccine/Testing Mandate Deferred until January. Review — Manaeement and Non-union 2022 Salaries The Town Board reviewed the proposed salary increase of 2.25% for Management and Non-union employees. The change in salary for the Building Superintendent reflects a change from overtime into salary. This approval is on the regular agenda for this evening. Review — 2022 Ambulance Service Fee Schedule Additionally Present: Mike Liverzani Ambulance District Director The Town Board reviewed the change in fees. Approval is on the regular agenda for this evening Review - Hazard Mitieation Plan Annex Additionally Present: Mike Liverzani Ambulance District Director The Town Board reviewed the latest draft, which included comments and corrections from the prior meeting. Mr. Liverzani was asked to review and add the 2020 Census figures as the current draft reflects 2 Page 94 of 116 December 15, 2021 the 2010 Census figures. It was noted that the Town Plan is a section of the County's Plan. Approval is on the regular agenda for this evening. Discussion —January 2022 Town Board Meeting Schedule The Town Board discussed the purpose of the January 5, 2022 meeting. Mr. Maker stated that because the purpose of the meeting is for training and orientation it does not constitute a public meeting. The Town Board set the schedule for a January 12 meeting for a worksession beginning at 5:00, followed by the organizational agenda/resolutions and the swearing in of the newly elected officials. The January 19, 2022 meeting will be a standard format with a 5:00 worksession and an 8:00 pm regular agenda. Review — Oneration of Food and Refreshment Concession Bid Deferred until January. Review — Revisions to the 2022 Preliminary Town Bud The Town Board reviewed an additional schedule reflecting the changes, screen shared by the Town Comptroller, as well as an amended transmittal letter. This will be presented to the public during tonight's public hearing. 2021— Capital Budget Amendments The Town Board reviewed the schedule prepared by the Town Comptroller. It was noted that the transfer for item number 4, Rye Lake UV Facility, reflects a temporary transfer while the Town waits for expected grant funding. Approval is on the regular agenda for this evening. ADDED ITEM Sewer Svstem Rehabilitation — Trenchless Lini Additionally Present: Rob Wasp Town Engineer The Board received the bid report from the Project Director, John LaGorga, for phase two of the Sewer System Rehabilitation project. He has reviewed the qualifications and experience of the bidders, and is recommending the bid be awarded to Kenyon Pipeline Inspection, LLC. Approval was added to the regular agenda for this evening. Mr. Wasp started that the work is to begin in early March. EXECUTIVE SESSION On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the Board unanimously agreed to enter into an Executive Session to discuss the employment history of particular persons for appointments to Boards and Commissions. 3 Page 95 of 116 December 15, 2021 On motion of Councilwoman Katz, seconded by Councilman King, the Board unanimously agreed to resume the Regular Meeting. 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 After twenty-two years serving the Town, first as Council Member for twelve years and then as Town Supervisor for ten years,/ will be stepping down at the end of this year. /want to thank you for the opportunity to serve the community. 1 have loved this job and this community. Throughout my tenure, we have continued to run an open, transparent, high functioning government with excellent resident services. l have enjoyed working with the Town's highly skilled professional staff and am especially proud to have worked with our many dedicated and committed volunteers. • In 2012, my first year as Town Supervisor, we implemented the first property reassessment in over 30 years and successfully addressed several crises. • The Housing Settlement Crisis: The Town Board amended the zoning laws, created policies to encourage affordable housing and worked with the federal housing monitor to respond to the Federal spotlight • Super Storm Sandy: We declared an emergency, set up an Emergency Operations Center in the Firehouse, instituted daily communication and updates with residents and kept government services operating • Fiscal Recovery: We recovered a TripleA rating from Moody's Investor Services and implemented a fund balance recovery policy. Over the years, we improved and increased communications with monthly e -newsletters, twice yearly mailed newsletters, emergency robocalls and several Facebook pages. We purchased the VFW David Potts Post on the Post Road and turned it into a thriving Senior Center and alternate meeting space. We responded to and survived Storm Isaias and most recently Hurricane Ida. We continue to weather Covid together, although not so well on my part as 1 tested positive last Sunday and have been quarantining and suffering this week. It has been my honor to represent the Town of Mamaroneck on the board of Westchester Joint Water Works, serve as Commissioner of the Larchmont Mamaroneck Joint Garbage Commission and as President of the Westchester Municipal Officials Association. With the interest of enthusiastic volunteers, we created the Town's first environmental committee, the Sustainability Collaborative. The Collaborative holds monthly meetings that often attract scores of interested residents beyond the ten appointed members. 4 Page 96 of 116 December 15, 2021 The Collaborative has helped the Town implement an Energy Performance Contract, Food Scrap Composting, andaCommunitySolar Project, win grants for funding Electric Vehicle Charging Stations and the purchase of Electric Vehicles and create the Healthy Yards adLove Your Food Programs. As Supervisor, it has been my goal for the Town residents to appreciate the Town's local efforts to restore and protect our environment. l believe we, at the local level, have an important role, responsibility and opportunity to combat climate change, reduce flooding, employ renewable resources, and celebrate our natural areas. During the past several years, the Town has been recognized as a leader in New York State for its environmental initiatives. Those initiatives have produced not only environmental and quality of life benefits, but have generated significant grant funding and cost savings, enabling us to keep tax increases to a minimum. With New York State's ambitious sustainability goals and the federal government's infrastructure bill, we have the opportunity to do more. Thank you for recognizing and appreciating our efforts. 1 hope all of us will continue to work together to improve the sustainability and resilience of the Town as we show we care for this beautiful community we call home. 1 will mention a few meetings from the past two weeks. Meredith, Director of Emergency Services Michael Liverzani and 1 met with FEMA representatives to better understand how residents can apply for funding to elevate their homes to protect them from flooding. We learned that residents are not permitted to apply; only municipalities can apply on behalf of residents. The federal application process is long and complex, but now that we know the process, we will continue to explore to see if it is a possibility. We also met with representatives from NYPA to discuss the countywide aggregate community solar program. The Town had submitted four possible sites for community solar in response to the initial outreach. NYPA and Westchester County are now reviewing potential sites in more detail. We hope that at least one of our sites will be included. 1 am very pleased to announce that Dolores Battalia was inducted into the Westchester County Senior Citizen Hall of Fame on December 3. Dolores served the Town as Town Supervisor and Town Justice, and continues to serve the Town as Chair of the Housing Authority. She is a well-known and beloved force and leader in the Town of Mamaroneck. It was a pleasure to join the Village of Larchmont for the swearing-in of trustees Dana Post and Bridget Brennan and Justice Thea Beaver. Congratulations to Village of Mamaroneck Mayor Tom Murphy and Nora Lucas on their swearing-in as well. Last week, the Senior Center hosted the first Senior Citizen holiday lunch in almost two years! One hundred people enjoyed the delicious lunch, holiday music and dancing. Thank you to Stephanie Hart and Kathy Flynn for organizing and running such a wonderful party. Lastly, the 2022 budget! We plan to pass the 2022 budget tonight after the continuation of the public hearing. BOARD OF FIRE COMMISSIONERS Commissioner Seligson called the Meeting to order, then on motion of Commissioner Fiddelman, seconded by Commissioner King, the Board of Fire Commissioners was unanimously declared open. 5 Page 97 of 116 December 15, 2021 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 PUBLIC HEARING — 2022 Town Preliminary Budget and the 2022 Mamaroneck Fire District Preliminary Budget The following Notice of Public Hearing is entered into the record as follows: ADJOURNED PUBLIC HEARING TOWN OF MAMARONECK, NEW YORK PRELIMINARY 2022 TOWN BUDGET and PRELIMINARY TOWN OF MAMARONECK FIRE DISTRICT #1 BUDGET NOTICE IS HEREBY GIVEN, that pursuant to Section 130 of the Town Law of the State of New York, the Town Board and the Board of Fire Commissioners have adjourned the public hearing until Wednesday, December 15, 2021 at 8:00 PM, to consider the Town's Preliminary Budget and the Mamaroneck Fire District Preliminary Budget for the calendar year commencing January 1, 2022 and ending December 31, 2022. The 2022 Preliminary Budgets may be viewed on the Town's website www.townofmamaroneckny.org beginning November 22, 2021. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/. PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town Board are as follows: Supervisor, $40,607 Town Council (4) $6,497 each and the proposed salary for the Town Clerk is $105,668 and the Town Justices (2) $22,740 each. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK To be published: November 24, 2021 The Budget Transmittal Letter is entered into the record as follows: December 15, 2021 Honorable Supervisor Nancy Seligson Honorable Members of the Town Board Honorable Christina Battalia- Town Clerk Re: Town of Mamaroneck 2022 Adopted Budget 6 Page 98 of 116 December 15, 2021 We are pleased to present the 2022 Adopted Operating and Capital Budget for the Town of Mamaroneck. The Adopted Budget is prepared by the staff and proposes the necessary resources to continue to provide municipal services. The Town Board has had the opportunity to review the document and meet with staff to review budget submissions and has conducted work sessions to discuss the Proposed Budget. On December 1, 2021, the Town Board held a public hearing on the 2022 Preliminary Budget to receive comments from the residents of the Town. All comments and questions received have been considered and responded to as part of the budget process. We thank the residents for their participation. This is the second budget that has been prepared during the recovery of one of the most challenging times for the Town, the State and the entire country. The world has indeed changed as a result of the COVID pandemic. Despite the fact that a vaccine has greatly reduced the spread of the virus, both economic and social recovery is still in progress. Town program participation is increasing but there are many programs and facilities that have not been well attended just yet. We anticipate that as we move forward residents will be more comfortable participating in group programs and our services will return to pre -pandemic levels. As a result of that outlook, we have used our experience and that of the Town's executive staff to develop realistic estimates based on a conservative approach to revenue streams and expenses. Where we have an advantage is the financial strength of the Town government and its ability to successfully take on the challenges of the coming year. Our practice, even in the absence of a pandemic, has been to take a conservative approach to projecting revenues and expenses. Our reliance on financial projections for both expenditures and revenues helps to avoids large fluctuations in Town budgets and plan future years budgets that will assist in making decisions for the current year. The Town's fund balance management policy protects fund balances and avoids mismanagement of funds that can be problematic for future budgets. The Town Budget reflects a thoughtful and conservative approach to the financial management of the Town government. With this approach, the Town can fulfill its mission of providing effective services to the community at an excellent value. Our strong fund balance positions allowed us to weather the COVID-19 pandemic, Storm Isaias in 2020 and Tropical Storm Ida in 2021. Our fund balances provide security for those types of unexpected events and projects. Without the availability of those funds, the Town would have had to incur temporary debt while waiting for federal relief which can often take up to two years to receive. It is true that out of adversity comes opportunity. The Town rose to the occasion to continue to protect and serve its residents and employees. We have implemented safety protocols to prevent the spread of COVID, conducted public videoconferencing to keep the public informed, conducted tax collections and other operations remotely by providing free on-line options to residents, delivered meals to those in need, removed massive amounts of debris, and participated in the rescue efforts of our residents in the latest storm. These efforts have strained our resources and require that we invest in technology, infrastructure and vehicles that will prioritize the safety of our residents. By making this investment, the Town is poised to serve its residents at all times. Although economic conditions in our region have been uncertain in 2021, the Town's Aaa credit rating was reaffirmed by Moody's in 2021. The rating allowed the Town to issue debt of $6.9 million for capital projects at the very low rate of 1.2%. Maintaining the Town's credit rating remains a strategic goal that the Town is committed to as we move forward with critical capital projects at a lower cost. 2022 Adopted Budget Overview The balanced budget as proposed totals $53.2 million, an increase of $11.3 million from 2021. The majority of this increase is due to the incorporation of the Housing Assistance Program of $7.6 million. The program provides funding for those in need of housing assistance and is fully funded with federal aid so it does not have a net effect on the Town budget. 7 Page 99 of 116 December 15, 2021 Total revenue to meet such expenditures is made up of $29.1 million in tax revenue, $21.6 million in non - property tax revenue and $2.5 million in fund balance support. The tax levy increase, itself, is $1.6m. This budget is unusual in that there are many factors that contributed to the budget increase. Expenses increased by $11.3 million, or 26.86%. Many of the capital projects and technology investments that have been previously deferred due to the uncertainties caused by the pandemic are now restored to provide efficient services for the public, health insurance rates have risen significantly, recreation programs have been restored and the anticipated impact of inflation has been included. Bargaining unit increases, capital projects investments and the incorporation of the Housing Assistance Program have also contributed to the total expenditure increase. We have focused on the following benefits in preparing this budget: ➢ Full restoration of the Town's recreation programs to pre -pandemic levels ➢ Investment in technology that will streamline on-line services for residents and ensure greater operational efficiencies. ➢ Robust investment in vehicles, including public safety vehicles, technology in those vehicles, water infrastructure, parking deck and other infrastructure projects to meet the needs of the community. ➢ Investment in police reform initiatives. ➢ Provision for the anticipated but unknown extent of inflation impacts as products seem to be scarcer and more difficult to purchase. ➢ Realistic estimation of revenues and expenses. RPVPnijP9 The Town depends upon a variety of revenue sources in order to finance government operations. The property tax remains the largest source of revenue (55%) to the Town. In 2022, the estimated tax levy will be $29.1m, an increase of 5.92% over 2021. The tax levy is not only a function of increases in expenses but also the performance of non -property tax revenues. Several categories of non -property revenue directly reflect the performance of regional and national economic performance. The volatility in these revenues is therefore cause for estimating revenue projections conservatively and maintaining a strong fund balance. As stated earlier, the 2022 budget reflects a major revenue increase of $7.1m that is a result of including the Town's Housing Assistance Program in the budget. This is a one-time variance in both the revenue and expenses without a net effect on the Town's budget because the Federal government fully funds this program. Other non -property tax revenues to support the budget total $13.6 million which is an increase of $2.6 million, or 22.2% from last year. Revenue increases were made in a number of areas including mortgage tax, sales tax, the second half of the American Rescue Plan Funds that will be transferred to the Capital Fund for 2022 projects, building permits and recreation programs. The total combined increase of mortgage, sales and building permit revenue of $1,264,000 has assisted in keeping the tax rate increase as low as possible. To maintain stability in year-to-year changes in property taxes and tax levies, the Town had previously initiated the use of fees as an alternative to property taxes. Where fees are applied, the cost of services is borne either in whole or in part by those using the service, which places the cost of that service on the user and not the taxpayer. The Town has used this technique successfully for recreation, ambulance, water and sewer services. However, the use of fees is not a universal remedy since other municipal services do not lend themselves to a fee-based system. Expenditures The Town's total expenditures for 2022 are projected to be $53.2 million, an increase of $11.3 million or 26.86% from 2021. The increase in expenditures is primarily a result of including the Town's Housing 0 Page 100 of 116 December 15, 2021 Assistance Program ($7.1m) in the budget, bargaining unit increases for personnel services ($587k), restoration of recreation programs to pre-COVID levels and other various personnel changes ($438k), employee benefits which primarily include medical insurance ($681k), increases in technology expenses ($89k) and appropriations for cash transfers for capital projects ($201k); transfer of American Rescue Plan Funds to Capital ($617k); general price increases and other one-time expenses ($1.1m) and debt service ($466k). Municipal services continue to be very labor intensive. Salaries and wages, exclusive of associated fringe benefits comprise almost 52% of the Town budget. Over the past four years, the Town has entered into long- term employment agreements with all of our major bargaining units, providing budgetary certainty for labor expenses over multiple years. Property Tax Cap Each year local governments in New York State must consider whether to adopt budgets that comply with the Property Tax Cap Legislation imposed by the Governor and New York State Legislature in 2011. Most local officials agree that the tax cap legislation does not reflect the realities of delivering municipal services, does not adequately account for long-term capital infrastructure needs and, in fact, may hamper the appropriate maintenance of such community assets. Compliance with the tax cap is particularly difficult for local governments, since the State government has failed to increase aid to local governments as it has to school districts in New York for more than ten years. Since 2011, the Town has complied with the tax cap guideline in six of the last ten budgets. The tax levy in the 2022 Preliminary Town Budget is above the State tax levy cap. Based upon the mandated formula, the 2022 Town tax levy cap limit is 2.25% which would provide for a maximum increase on the 2021 tax levy of $616,869. The proposed tax levy is $29,065,226. This is an increase of $1,625,613, or 5.92%. The large increase is a result of the commitment to capital needs, technology improvements, the cost increases identified in the Expenditure section in this memo and the impact of the transition to a structurally balanced budget. As discussed above, our resources will continue to be strained as we recover from Tropical Storm Ida. Our goal each year is to present a budget that finances municipal services at the greatest value possible to the community. We recognize that this increase exceeds the tax cap but it is important to understand that this reflects the investments in services and capital projects discussed in this memo, as a well as a change in strategy. 2022 Property Taxes The apportionment of the tax levy is a function of total property assessments for each of the Town's seven budget funds that are levied. Property taxes for 2022 are based upon property assessments that were finalized in September of 2021 by the Town Assessor in accordance with Real Property New York State law. In compliance with State guidelines and adhering to the Town's plan for cyclical reassessment, a Town -wide revaluation was completed in 2021. Completing a revaluation in accordance with State guidelines will ensure that home values will be valued at 100% of their market value. Total assessments applied to the Town -wide fund increased by about $410 million, or 4.2%. Assessment increases for other budget funds ranged from approximately $152-155 million. Each budget fund, by law, must have its own property assessments and tax rates. The exception to the revaluation requirement is for those funds financed completely by fees and charges. The Town of Mamaroneck and the Villages of Larchmont and Mamaroneck continue to be desirable communities in which to live. For that reason, there was an increase in the average residential assessed valuation to reflect changes in the local real estate market. The average assessment for a single-family home in the Town is $1.308 million. This is an increase of $57,000 or 4.56%. 9 Page 101 of 116 December 15, 2021 Understanding the Town of Mamaroneck budget is not always easy because of the different budget funds. Many do not realize that the Town provides services to the unincorporated Town as well as the Villages of Larchmont and Mamaroneck. Property owners in the Villages receive from the Town tax collection services for school and county taxes, recreational services, property assessment services and ambulance service. Property owners in the unincorporated area receive additional services including police, fire, sanitation collection and road maintenance. The tax rate increase proposed for 2022 is 1.13%. A property owner in the unincorporated area with an average assessment will incur a property tax obligation of $7,471 for all services. This is an annual increase of $406, or 5.74% over 2021. For property owners in the Villages with an average assessment of $1.308 million, their property tax obligation to the town will be $830, an annual increase of $108 for the year, or 14.9%. Individual property tax bills will vary depending upon the particular assessment when compared with this average. Capital Projects The 2022 Budget includes funding for capital projects either in progress or representing new initiatives. For funding purposes, capital projects are prioritized based upon need. The capital plan is a tool to assess the long-term capital project needs of the Town with projected funding sources. While a comprehensive capital plan is meant to forecast future needs, it requires annual updates to reflect the status of projects, new capital priorities, revised estimates and coordination of funding sources. The capital plan proposed for 2022 totals $8.2 million. It is important to note that the impact of Covid has delayed implementation of the capital plan for the last two years. Through the strategic use of fund balance, a total of $.6 million was applied to the 2022 Capital Plan allowing the Town to fund those projects on a pay- as-you-go basis. In addition, the capital plan includes $.5 million of grant funding, $.6 million of American Rescue Plan funds and $6.5 million of serial bond financing used for the Capital Plan. A section of the budget document is dedicated to a detailed presentation of the 2022 Capital Plan and also includes a projected capital plan for an additional four years. The challenge of maintaining our infrastructure will require a continuous effort by the Town. Investments in capital infrastructure are critical if we are to continue to provide municipal services to the community to ensure clean water, safe roads, safe equipment and a healthy environment. Sometimes it is easy to forget the underground utility systems that provide clean water each day and carry away sanitary sewage from our kitchens and bathrooms. Each year as our infrastructure gets older, the need for maintenance and replacement grows. The Town has come to realize that deferring capital infrastructure improvements only leads to far greater expense in the future and we are trying to "catch up" on deferred projects and provide for appropriate progress on capital needs in this budget. Some of the major projects included in the 2022 Capital Plan include the following: ➢ Town -wide street resurfacing program ➢ Technology investments ➢ Improvements to the Town's water transmission system ➢ Equipment replacements necessary to maintain Town services ➢ Improvements to recreational facilities to enhance leisure services to the community Fund Balance The 2022 budget provides for an application of reserves of $2.2 million which is a decrease of about $94,000 over. last year. The Town has increased the allocation for one-time expenses and capital projects by $200,000 and decreased funding for recurring expenses by $294,000. Asa result, 26% of the fund balance appropriation 10 Page 102 of 116 December 15, 2021 is for one-time use and 74% is appropriated for operational expenses. The fund balance has been healthy and stable enough to support these appropriations. The optimal use of fund balance, however, is for one-time expenses and is best not relied upon to fund operating budgets on an annual basis. The Town has been effective in utilizing fund balances to fund both operating costs and capital projects in the past, however, the plan for future years is to shift the reliance on fund balance to support operations to support one-time and capital expenses instead. By doing so, the Town will have a structurally balanced budget and at the same time utilize fund balances to reduce future debt costs. This will also prevent reliance on significant fund balance support that can fluctuate depending on future demands on Town resources. This budget provides for the start of this shift in the use of fund balance. This transition will likely take a number of years to complete and may require tax increases for the next several years as we reduce the reliance on fund balance to cover annual operating expenses. In addition to providing a structurally sound budget, this approach will allow for even greater flexibility during difficult years. Though not a complete change, more emphasis has been placed on appropriations for capital needs. The intent of this action is to keep pace with infrastructure and equipment needs and to further balance the burden of the capital projects and equipment expenditures for current and future taxpayers. This budget also avoids one of the strategies that most municipalities use which is to artificially minimize tax increases by deferring capital purchases and improvements. The Town is committed to protecting the community to the greatest extent possible and is, therefore, well aware of the financial dangers such action may impose. Such things as severe weather and unanticipated events require that we have optimal resources for our community. Conclusion Considering the unique circumstances in which this budget is prepared, we believe the 2022 Town Budget is a responsible budget that effectively meets the needs of the community. The magnitude of the Town's financial strength is quite evident in this budget. Our history of conservative financial management has paid off and allowed the Town government to endure a major national emergency and two local weather events while maintaining critical services at an excellent value. Of equal, if not greater importance, is that this budget provides the means for the Town to plan and protect our community in the future. Ours is an older community and with that comes the task and the challenge of maintaining older infrastructure to continue municipal services now and in the future. Much of the 2022 capital improvement program is dedicated to the upkeep of our facilities, technology and infrastructure investments in order to best provide for the community's future. We hope that the community will take the time to read the budget document. The budget document provides a wealth of information and illustrations that will help you understand in detail the workings of the Town government. We are pleased to announce that the 2021 Town Budget was awarded the distinguished Budget Presentation Award from the National Government Finance Officers Association. In closing, our sincere thanks to the staff of the Town for their work on the 2022 Town Budget. Their resourcefulness and professionalism were invaluable in preparing a budget that maintains the quality of life in the community, plans for the future and endeavors to improve services for our residents. They continue to rise to the occasion during critical events. Thanks also to the Supervisor and Town Board for their guidance in identifying the priorities to be met in the budget. s Meredith S. Robson Tracy Yogman CPA Town Administrator/Budget Officer Comptroller/Director of Finance 11 Page 103 of 116 December 15, 2021 On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously reopened. Tracy Yogman Town Comptroller shared her computer screen for the public, and presented the changes from the Preliminary Budget to the Budget presented this evening. Supervisor Seligson asked if any Town Board Members or the public wished to comment. There were no additional comments or questions. Supervisor Seligson stated that at the previous meeting and public hearing for the Budget, there were comments from a resident that were reviewed by the Town. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was unanimously closed. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby adopt the 2022 Town of Mamaroneck Budget and the 2022 Town of Mamaroneck Fire District Budget as presented. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye CITIZEN'S COMMENTS Supervisor Seligson asked if anyone in the audience wished to address the Town Board. Kevin Crowe, Larchmont Gardens' Civic Association addressed the Town Board. Mr. Crowe stated that there are less than the usual amount of geese at the Duck Pond, he believes the plantings are working, and The Town should take credit for that. Lillian Awidi, of Larchmont Acres addressed the Town Board regarding noise issues coming from the property where Trader Joes and Village Square Bagel are located. She questioned whether the special permit allowed for deliveries in the middle of the night. She emphasized how disturbing it is for the residents on that side of the building. She believes the special permit allows deliveries from 6:00 am to 9:00 pm, and currently it is happening 24 hours a day. Ms. Robson responded, that yes the special permit allows deliveries from 6:00 am to 9:00 pm only, and she and other residents should call the Police immediately when you hear or see violations. The time 12 Page 104 of 116 December 15, 2021 restorations on deliveries can only be enforced if the Police see the activity taking place. It was noted the special permit expires on July 10, 2023. The Board of Fire Commissioners continued their affairs. 1. FIRE CLAIMS On motion of Commissioner Elkind Eney, seconded by Commissioner 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: 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 read the Fire Report for the Month of November as submitted by Chief Hughes as follows: ALARM TYPE NUMBER Generals Minors Stills Out of Town (Mutual Aid) EMS Drills TOTAL Total number of personnel responding: Total time working: hours and minutes Commissioner Elkind Eney announced the new slate of Officers, Chief Shawn Hughes, Deputy Chief Tom Broderick and Second Deputy Chief Alex Rapp. She thanked the Department for their service, and for providing the Toys for Tots Drive and Skate with Santa. 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. 13 Page 105 of 116 December 15, 2021 AFFAIRS OF THE TOWN 1. Appointments to Boards and Commissions BOARD OF ARCHITECTURAL REVIEW On motion of Councilman King, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that Diane Blum be reappointed as Member A of the Board of Architectural Review, said term shall expire on December 31, 2024, and BE IT FURTHER RESOLVED, that Edward Jacobson be reappointed as Member B of the Board of Architectural Review, said term shall expire on December 31, 2024, and BE IT FURTHER RESOLVED, that Edward Jacobson shall serve as Chairperson of the Board of Architectural Review for the year 2022, 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. BOARD OF ASSESSMENT REVIEW On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that Eve Neuman be reappointed as Member D of the Board of Assessment Review, said term shall expire on September 30, 2026, and BE IT FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointees taking and subscribing the oath mandated by section 25 of the New York Town Law. BOARD OF ETHICS On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that Grace D'Alessio be reappointed to the position of Member B of the Board of Ethics, said term shall expire on December 31, 2024, and BE IT, FURTHER 14 Page 106 of 116 December 15, 2021 RESOLVED, that Robert Degen be reappointed as Member A of the Board of Ethics, said term shall expire on December 31, 2024, and BE IT, FURTHER RESOLVED, that Robert Degen shall serve as the Chairperson of the Board of Ethics for the year 2022, and BE IT FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law. PLANNING BOARD On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was unanimously RESOLVED, that Elizabeth Cooney be reappointed as Member D of the Planning Board, said term to expire on December 31, 2026, and BE IT, FURTHER RESOLVED, that Elizabeth Cooney shall serve as Vice Chairperson of the Planning Board for the year 2022, and BE IT, FURTHER RESOLVED, that Ralph Engel shall serve as Chairperson of the Planning Board for the year 2022, 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. SUSTAINABILITY COLLABORATIVE On motion of Councilman King, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that Karen Khor be reappointed to the position of Member B of the Sustainability Collaborative, said term to expire on December 31, 2024, and BE IT, FURTHER RESOLVED, that Karen Khor shall serve as Co -Chairperson of the Sustainability Collaborative for the year 2022, and BE IT, FURTHER RESOLVED, that June Wallach shall serve as Co -Chairperson of the Sustainability Collaborative for the year 2022, and 15 Page 107 of 116 December 15, 2021 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. TRAFFIC COMMITTEE On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was unanimously RESOLVED, that Matthew Wrzesniewsky be reappointed as Member A of the Town of Mamaroneck Traffic Committee, said term to expire on December 31, 2024, and BE IT, FURTHER RESOLVED, that Doris Block shall serve as the Chairperson of the Traffic Committee for the year 2022, 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. ZONING BOARD OF APPEALS On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that Carol Miller be appointed as Member B of the Zoning Board of Appeals, to fill the unexpired term of Robin Nichinsky, effective January 1, 2022 and expiring on December 31, 2023, and BE IT, FURTHER RESOLVED, that Arthur Wexler shall serve as Chairperson of the Zoning Board of Appeals for the year 2022. BE IT, FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing the oath mandated by section 25 of the New York Town Law. 2. Set Public Hearings —Veterans' Exemptions 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 Hearing on the "2021 Increase in the Tax Exemption for Cold War Veterans" Law, for January 19, 2022 at 8:00 p.m., at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, 16 Page 108 of 116 December 15, 2021 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. On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the "2021 Increase in the Alternative Veterans Tax Exemption" Law, for January 19, 2022 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. 3. Authorization — 2022 Ambulance Service Fee Schedule On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the 2022 Ambulance District Fee Schedule as follows: BLS Emergency $681(2%) ALS I Emergency $858(2%) ALS II Emergency $973(2%) ALS Assessment $70(0%) Mileage $18.00 per loaded mile The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 4. Approval - Hazard Mitigation Plan Annex On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Hazard Mitigation Plan Annex. 17 Page 109 of 116 December 15, 2021 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 5. Set —January 2022 Town Board Meeting Dates On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the January 2022 Town Board Meetings as follows: January 5, for a worksession beginning at S:OOpm and Town Board Orientation and Training beginning at 6:OOpm. The Town Board Orientation will not open to the public. January 12, worksession beginning at S:OOpm, Organizational Agenda and Swearing in beginning at 7:30. January 19, worksession beginning at S:OOpm, and regular meeting beginning at 8:OOpm 6. Authorization — Operation of Food and Refreshment Concession Agreement DEFERRED 7. Authorization — 2021 Capital Budget Amendments On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the 2021 Capital Budget Amendments, as detailed by the Town Comptroller as follows: ATTACHEMENT B The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 18 Page 110 of 116 December 15, 2021 8. Authorization — Management and Non-union 2022 Salaries On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Management and Non-union 2022 Salaries, as detailed by the Town Administrator in the following schedule: ATTACHMENT C The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 9. Bid Award — Contract TA -21-14 Sewer Rehabilitation — Trenchless Lining On motion of Councilwoman Katz, seconded by Councilman King, the following was approved; WHEREAS, on November 16, 2021 the Town publically opened and read four (4 ) bids for Contract TA- 21-14 Sewer Rehabilitation — Trenchless Lining. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award TA -21-14, to the lowest responsible bidder meeting all of the Town's requirements, Kenyon Pipeline Inspection, LLC, for a total base bid amount of $1,445,410.00, 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 19 Page 111 of 116 December 15, 2021 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 December 1, 2021. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. After many heartfelt goodbyes and tributes to Supervisor Seligson, the meeting was adjourned. ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilman King, the meeting was unanimously adjourned. Submitted by Christina Battalia, Town Clerk 20 Page 112 of 116 ATTACHMENT A 21 December 15, 2021 Page 113 of 116 December 15, 2021 Fc- From: Re: Date: Tracy Yogman - Town Comptroller Fire Claims December 15, 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 Inspected UL 300 Fire System, fire extinguisher inspection & Amount AAA Emergency Supply Co. recharge $ 781.00 Bound Tree Medical, LLC ` ifepak CR Plus Defib battery, Albuterol, Curaplex kit, cant' case 480.75 Champion Elevator ilci ince for month of December 2021 175.00 Con Edison 1',rr- i IO rni wc I012LI, 21-11/30/21 958.98 Fire End & Croker Corp Sl 11ppinc; charge on Ciolfire leather helmet shield (Murray) 8,23 ('.'li ar r -cuffs, (24) pk hLiTionm cleaner, (30pk) facial tissue, Grainger (11)Ground Protection '.cats for Apparatus E36 Bay & Radio Room 1,323.83 Home Depot (4) Bottles of Turae ', ax 27.48 Konica Minolta Business Sol. Lease and Maintenance for Fire Department Printer 2,415.11 Troubleshoot Front Sign Spotlight, GCI Outlet & install new wall Nick Bruno Electric, LLC mount weather proof box 485.06 Optimum Cable services for 11/23-12/22/21 271.05 Ready Refresh VJalo Cocicr rental and paper fee 10/19/21-11/18/21 161.96 TOM Fire Dept. Food for OSHA Day 10/3 & 10/4/2021 172.58 Food for Fast Drill 11/24, Rescue Drill 11/30, Apparatus Comm. lo,,., TOM Fire Dept. Mceting 10/28/2021 422.80 UniFirst Corporation Cleaning Supplies 11/12, 11/19, 11/25 & 12/3/2021 610.17 VFIS Administrative Services 111121-1/25/21 GASB Services 750.00 WJW'W Wato charges -205 VJeaver St 10,125-11/22/2021 97.92 Total $ 9141.92 60 ATTACHMENT B 22 MOTION OF CONDED BY Page 77 of 95 Page 114 of 116 December 15, 2021 REQUESTED ACTION: It is recommended that the Town Board approve the following 2021 capital budget amendments: 23 Page 115 of 116 2021 CAPITAL BUDGET AMENDMENTS Item #;CAPITAL FUND (FUND H): Amount -- 1- i E:pense- H.8340.0400.1365.12 Wearer St Pump Station Increase $ 52,056.00 Revenue H.0000.5038.1365.12 Shaft 22 Chlorination System Project Increase 52,056.00 2 Revenue .H-0000.5033.2020.72 Transfer from Highway Increase 40,000,00 ;Expense', H.5110.0400.2020.72 Highway Vehicles Increase 40,000.00 f 3 !1 1-11.0000.5032.2020.72 Transfer from Part Town Increase 11,400.00 f Expense H.5110.0400.2020.72 iHighway Vehicles Increase 11,400.00 4 ;Revenue H.0000.5038.1352.12 Transfer from Water District Increase 614,400.00 Expense: H.8340.0400.1352.12 Rye Lake UV Facility Increase 614,400.00 5 Revenue : H.0000.4910.2021.20 Federal Aid -Cares Act Decrease (14,500.00) Revenue. H. 0000.5031.2021.20 Transfer from General Fund Increase 14,500.00 6 Revenue H.0000.3999.2020.72 NYSERDA Funding Increase 36,000.00 :Expense: H.3620.0400.2020.72 :Vehicles- Parking Enf Increase 36,000.00 GENERAL FUND (FUND A): S Expense 'A.9900.9950 Transfer to Capital- My Senior Center Increase $ 14,500.00 Expense A.0000.2705 'Gifts & Donations Increase 14500.00 PART TOWN FUND (FUND 1131: . 3 Expense 8.9000.9060 Health Insurance Decrease $ (11,400.00) . .. _ Expense xQ ' 6.9900.9950 'Transfer to Capital- Nissan Leaf Increase 11,400.00 HIGHWAY (FUND 1013): 2 iRevenue 'D6.0000.2680 Insurance recovery Increase 18,906.42 Expense DB.9900.9970 - - ----------- _ Transfer to Capital Vehicle Increase - 40,000.00 Expense 1DB.5142.4250 Salt Decrease (21,093.58), rWATER FUND (FUND SW): 1 Expense ',SW.9900.9950 Transfer to Capital- (1365-12) Increase 52,056.00 Reve nue 5W.0000. 2773 Water Revenues Increase 52,056.00 23 Page 115 of 116 December 15, 2021 ATTACHMENT C TOWN OF MAMARONECK MANAGEMENT/ NON-UNION - - STAFF - SALARY SCHEDULE ] I I 200% 2 25% ADOPTED ADOPTED !� SALARY BUDGET _ 1 1/1/2021- 1/1/2022- 2022 NAME - TITLE G/L EXP CODE _. 12/31/2021 12/31/2022 Increase S ODIERNA CONF. SECY. A.12201010 71,400 $ 73,007 $ 1,607 M ROBSON ADMINISTRATOR A.1Z211010 210,000 - 214,725 - - 4,725 M DELHOREY - SECY.TO ADMIN. A.1221 1010 53,000 54,193 1,193 - T.YOGMAN COMPT/TAXREC. A.1315.1010 171,044, 174,892 3,848 P. VALENZA 1ASSESSOR IA.1355.1010 127,010 ! 129,868 2,858 C. GREEN O'DONNELL DEPUTY ADMIN. A.1430.1010 144,104 147,347 3,242 A_ PATERNO OFFICE ASST. ADMIN_ A.1430.1010 55,724 56,978 1,254 L. LUFT ASST. TO TOWN ADMIN - _ A.14301010 75 000 _ -89,876 81,800 6,800 R WASP ENGINEER A.14401010 i 1428D0' 146,013 3,213 _ M. ORCHANIAN A. DANDY BUILDING SUPT. - -20.1010 COMM. SVC. DIR. A.6772.1010/A.8610.1010 r 125 926 1 114,520 128,759 24,644 2,833 V. LATOURIS ASST. SUPT. REC.A.677Z.1010/A.7620.1010 ---. 91,500 � 93,559 2,059 J. nsHa OF REC .-- - - - A.7020.1010 136402 l 139,471 3,069 R. LUNDE ICF RINK MGR. A.7265.1010 117,059 119,468 2_,_4.09 S. PANDYA --- I.T. DIRECTOR - B.1680.1010/B.1680.1010 114,230 116,800 I 2,570 P CRE_AZZO POLICE CHIEF 8.31201010 4,095 182 0001 6,095 18 - K. ORCHANIAN OFFICE ASST PD B.312D 101_0 l 58 405 - 59,719 1,314 R POLCARI BUILDING INSP. B.3620.1010 8. 8090.1010 120,977 123,699 2,722 1,941 E AITCHISON ENVIRON. COORD. 86,278 88,219 J.BARRE70 M. PINTO M. LIVERZANI GENERAL FOREMAN GARAGE FOREMAN AMBUL. ADMIN.S_M_ DB.5110.1010/S5.8120.1010 136.5130.1010 .4189.1010 117,000 I 117,853 122,938 119,633 120,505 125,704 2,533 2,652 2,766 TOTAL TOTAL$! $2,530,5271 $2,614,973 $84,446 2022 Budget -Non-Union/Mngmt Salary fncreases in Contingency - - - _ - $79,069 24 Page 116 of 116