Loading...
HomeMy WebLinkAbout2022_04_06 Town Board MinutesApril 6, 2022 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE MAMARONECK TOWN BOARD HELD APRIL 6, 2022, BEGINNING AT 5:00 PM IN CONFERENCE ROOM C AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Jaine Elkind Eney Councilwoman Abby Katz Councilwoman Sabrina Fiddelman Councilman Jeffery L. King Councilwoman Robin Nichinsky ALSO PRESENT: Allison May, 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 Tracy Yogman, Town Comptroller CALL TO ORDER - WORK SESSION The Work Session of the Town Board was called to order by Supervisor Elkind Eney, then on motion of Councilwoman Katz, seconded by Councilman King, the Work Session was unanimously opened at 5:00 p.m. Discussion — Consultant Engineer Proposal — Traffic Signal Replacement — Myrtle Blvd. at Murray Avenue The Town Administrator presented the proposal from Barton and Loguidice, D.P.C. to Town Engineer Robert Wasp to replace the traffic signal at the intersection of Myrtle Blvd. and Murray Avenue. Discussion — Intermunicipal Agreement with Westchester County — Senior Center Parking Lot Improvements Following a conversation with Norma Drummond, of the Westchester County Department of Planning, the Town Supervisor provided an update to the Town Board's questions from the last meeting regarding the IMA with Westchester County, relating to a grant for repairs to the parking lot at the Senior Center. The Town Supervisor confirmed that pursuant to the IMA the Town must advertise any affordable housing units outside of Westchester County; must offer the County a "Right of First Refusal" to purchase any and all land acquired by the Town in an in rem proceeding to be used for affordable housing (although it was unclear if current zoning is considered); and, confirmed that the Fifth paragraph of the contract with respect to affordable housing survives seven years from the end of the last year of the three-year grant cycle. The Town Board agreed to move forward subject to the Town Attorney redrafting the Fifth paragraph of the agreement on Friday. April 6, 2022 Discussion — Acquisition of Real Property Interests by Means of Proceeding Pursuant to Eminent Domain Procedure Law, Article 4 — Waverly Avenue Bridge The Town Attorney described the term Condemnation Minimus, essentially the same as Eminent Domain, and the need to use it to acquire a sliver of land in connection with the Waverly Avenue Bridge over Sheldrake River Replacement Project in the Village and Town of Mamaroneck. Discussion — Winged Foot Stormwater Control Facilities Maintenance and License Agreement The Town Attorney reviewed the history and basis for the Stormwater Control Facilities Maintenance and License Agreement with respect to the new maintenance building. The Planning Board required the Agreement as part of its approval process for the building. The Town Attorney noted that the agreement had been reviewed by the Town Engineer who found it to be in order. Discussion — Intermunicipal Agreement for Road Paving on Pryor Manor Road The Town Board discussed the IMA for Road Paving on Pryor Manor Road between the Town of Mamaroneck and the City of New Rochelle, for the milling and paving of the two small sections of Pryor Manor Road, located within the Town limits, which are owned by the City of New Rochelle. Discussion — Sustainable Westchester Memorandum of Understandine for Participation in the Short -Term Westchester Power Extension Contract for Communities in the Con Edison Service Territo The Town Supervisor confirmed that the Community Choice Aggregation presentation at the upcoming General Meeting would be approximately 15 minutes long. The need is currently for a five -month extension, to be followed by a 2-year lock in renewal. The Town Administrator noted one correction to the presentation in the Town Board packet: item 6, page 101, the cost for each kWh delivered should be $0.00001 (not $0.00015). OUT OF ORDER - EXECUTIVE SESSION On motion of Councilwoman Katz, seconded by Councilman King, the Board unanimously agreed to enter an Executive Session to discuss the proposed acquisition of real property, the employment history of a particular individual, and matters leading to the promotion of particular individuals. On motion of Councilwoman Katz, seconded by Councilman King, the Board unanimously agreed to resume the Regular Meeting. 2 April 6, 2022 UPDATES The Town Board provided updates on their various activities during the past two weeks. Supervisor Elkind Eney shared that last Friday Senator Schumer mentioned the opportunity for 'Earmarked Grants'. In order make the most of this last-minute opportunity, the Town has been working just this week on two grant applications. For the first application, for a rotary or traffic circle on Madison Avenue at the end of the 1-95 exit, we were able to reuse information from a similar 2017 grant application. Next step on the rotary grant application is a letter of support from the Department of Transportation. The second grant application is for generators for the Town Center, Highway Department and the Senior Center. Town Administrator Robson mentioned that iCompass software for Agendas and Meeting Management will present at the next Town Board meeting. There will be a Memorial Day Parade on May 26t", with presentations beginning at the Fire House at 6:15pm, followed by the parade at 7pm. PRESENTATIONS EFPR - Topline discussion of the audit in February, which was performed remotely by EFPR. Financial Statements and Auditors' Reports were presented by Doug Zimmerman and Tom Smith from EFPR. They highlighted that EFPR is issuing 'clean' opinions on the Town's financial statements. Kudos were given to Comptroller Tracy Yogman for no material weaknesses or significant deficiencies in the Town's internal controls over financial reporting or in the Town's compliance with certain provision of laws, regulations, contracts and grant agreements. EFPR tested the Section 8 housing Choice Voucher and ARPA as the Federal single audit, and had no findings. Website — Lindsey Luft presented the next step in the Town website redesign. This included added a 'Scroll Down' button on the righthand side of the main page, effectively highlighting that there was more content below the first visible screen. Letter size was increased in certain areas as requested. There was discussion about the choice of colors used. 3 April 6, 2022 CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:00 p.m. Supervisor Elkind Eney noted that the Town Board met for a work session beginning at five o'clock this evening and went out of order to introduce our County Executive George Latimer. PRESENTATIONS STATE OF THE COUNTY, PRESENTATION BY COUNTY EXECUTIVE GEORGE LATIMER George Latimer thanked the residents and described how he had met with the Town Supervisor and Town Administrator over a 'grocery list' of items they wanted the County to review. Next step will be a work session here at the Town Hall. This visit marked George Latimer's 30t" Anniversary providing an update to the Town of Mamaroneck Town Board, since he started as a County Legislator 30 years ago. Mr. Latimer mentioned that they had completed the County Budget in December of last year. Highlights included a decrease in County property taxes of about one and a half percent, decreasing for the third year in a row with a tax decrease; and in addition the County shared twenty percent of the revenue generated by the 1 percent increase in the sales tax levy with the Towns and ten percent with the schools. Second, COVID infections rates on a county -wide basis (including all metrics) are reported by the County and do not include home testing results. There was a major drop verses the beginning of the year with the middle of Omnicron surge, down in March, up again in the past month but hospitalizations are down. We have seen less severe cases, even with the uptick. Vaccination rates are some of the highest in the state. Mr. Latimer pointed out that crime in Westchester County in all categories is down over 25% (2017 verses 2021). The Town's numbers are also down. The County has been engaged in assessing police services and provided a report to the State last year. The report included 52 recommendations, of which 32 have been implemented. One of the most important has been the implementation of Mental Health Crisis Response Teams, the closest to us being in New Rochelle and White Plains. With these teams in place, mental health professionals respond alongside the Police. In May they will begin a Comprehensive Plan on Westchester County Airport, the goal of which is a master plan including all voices and keeping everyone's interest in mind. Supervisor Elkind Eney thanked George Latimer for his responsiveness to the needs of the Town of Mamaroneck. Councilman King asked, regarding Police reform, if there had been any progress in the rules and regulations of hiring practices in Town and Villages in order to allow for more diversity? At the moment, Mr. Latimer, noted that the County is limited to bringing in people at a certain level but are committed to finding ways to build greater diversity. Mr. Latimer discussed Playland, past neglect and the current thirty-year management agreement made by his predecessor. The construction being done now is part of the County infrastructure work. The 4 April 6, 2022 improvements on the pool and other areas, while they may not be completed in time for the start of this season, have a 20-to-30-year life cycle. Councilwoman Nichinsky thanked Mr. Latimer for his help with the Town and particularly the Mental Health Response units. TOWN OF MAMARONECK FINANCIAL STATEMENTS & AUDITORS' REPORTS 2021, PRESENTATION BY EFPR The Town of Mamaroneck Financial Statements and Auditors' Reports were reviewed by Doug Zimmerman and Tom Smith from EFPR. The audit took place in February and was performed remotely. EFPR issued 'clean' opinions on the Town's financial statements. No material weaknesses or significant deficiencies in the Town's internal controls over financial reporting or in the Town's compliance with certain provision of laws, regulations, contracts, and grant agreements. EFPR tested the Section 8 housing Choice Voucher and ARPA Funds. Highlights included the Town's Governmental fund balance increasing by over four million dollars. The General Fund's balance increased by over one and a half million dollars, and the net position of the government -wide statements increased by over three million dollars. There were no questions as all questions by the Town Board were addressed during the work session. Supervisor Elkind Eney thanked EFPR for making their review so clear and understandable. Councilwoman Katz noted that it was the first year to switch auditors and that it was nice to hear EFPR speak so highly of our Comptroller Tracy Yogman. OUT OF ORDER -- SUPERVISOR'S REPORT 1 am happy to start my Supervisor's report off today with some really good news. Cell Phone Service As many of you know, cell phone service has been spotty at best and terrible at worst in areas surrounding Fenimore Road and Weaver Street, with many residents unable to use their cell phones even in their own home. After many years of urging the cell service providers to improve the poor service, motorists who are Verizon customers can now continue their cell phone conversations while travelling through this former dead zone. Installation of additional carrier equipment from AT&T is currently in progress with an estimated completion date for their network coverage by the end of April. T-Mobile has also met with the Town to begin their permitting process and should have their equipment added to the cell tower later this year. Radio communications used by Town emergency service providers will also be improved, as the cell tower constructor has agreed to provide space and install additional equipment provided by the Town on the new cell tower. Comprehensive Plan 1 want to update you about the Comprehensive Plan. First, we have picked a LOGO for the Comprehensive Plan. All communications about the Comprehensive Plan and from the Comprehensive Plan Steering Committee will all bear this logo, so communications will be easily identifiable. 5 April 6, 2022 Our consultants are continuing the fact-finding portion of the process. They have interviewed most of the Town Staff Members and members of the Boards and commissions who they intend to interview and will hopefully finish up by the end of April. 1, MYSELF had the pleasure of giving our consultants a two-hour tour of the Town (they had already toured with several members of the staff such as the Town Engineer to see the Town from their perspective). Look for public engagement to start at the end of May! 1 also have some exciting news on the environmental front. 1 am pleased to announce that the Town was certified a "Climate Smart Community" at the Bronze Level by the NY State Department of Environmental Conservation. We were first designated in 2016, the ninth municipality in the entire state to receive this certification. This year, 10 municipalities were certified, nine for the first time and we were the only one to be certified for the second time. The certification is an arduous process and requires the municipality to take steps to mitigate and adapt to climate change. 1 would like to thank the Sustainability Collaborative for all of their work on the months -long certification process, notably volunteers Karen Khor, June Wallach, Mitch Green and especially, Denise Dunn and Mamaroneck High School student Kat Warwick who has been interning with us since September working on this certification. Maxwell Avenue Limitations This reminder from the Larchmont-Mamaroneck Joint Sanitation Commission was posted to our website and Facebook pages: Due to capacity limitations, fully loaded cars, trucks and vans are not permitted to dump loads at the Maxwell Avenue Recycling Center at any time in accordance with the regulations of the Sanitation Commission. The Sanitation Commission reserves the right to further limit the amount of material to be accepted at Maxwell Avenue at any time. Resident identification is required for all vehicles using the facility. Organic Waste Pick Up The Sanitation Commission began Organic Waste Pick -Up on March 315T Please be sure to follow all organic waste collection rules. • Organic Waste is collected on your second garbage collection day which is either Thursday or Friday • Organic Waste may not be set out earlier than the night before collection, and must be set out by 6:30am • Organic Waste must be set out in compostable brown bags or in a clean garbage can. Plastic bags are not acceptable • The Commission will NOT collect more than five (5) bags or five (5) cans of Yard Waste in any one collection. Excess organic material may be brought to the Maxwell Avenue Recycling Center by residents only. Landscapers and Gardeners may not bring organic material to the facility • Bags/cans of organics may not weigh more than 75lbs. • Branches must be no longer than four feet and four inches in diameter. Branches must be bundled and tied. 6 April 6, 2022 Being that there are no public hearings tonight, the next item on the agenda is Sustainable Westchester's Community Choice Aggregation presentation. OUT OF ORDER -- PRESENTATION -- COMMUNITY CHOICE AGGREGATION PROGRAM BYSUSTAINABLE WESTCHESTER Dan Welsh presented an update on the Westchester Power Community Choice Aggregation Program. Mr. Welsh highlighted the successes to date as well as the issues facing the auction for the new contract. They are seeking a contract extension for 5 months. The next steps then are to authorize participation in the MOU and confirm target price of 6.7 to 10.05 cents, with a price not to exceed 12.5 cents. Councilwoman Katz asked to confirm the rate over the five -month extension. Mr. Welsh stated that it is not to exceed 12.5 cents, as stated in the MOU. Councilwoman Katz also confirmed that residents can choose the standard rate or opt out, if they do not want to opt in for the green rate that the community has chosen. Administrator Robson double checked that we need to authorize the MOU and to select the standard of rate. Mr. Welsh confirmed yes, and that the extension agreement be included and serve as an exhibit to the MOU, stating that if they meet the criteria that would be the form of the agreement to be signed. ATTACHMENT A CITIZEN'S COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board. Justin Dupree, representing the Larchmont Gardens Civic Association. There is a Spring Social (Coffee get- together) at the Fernwood Bridge from 9 to 11 am on April 23rd. The Duck Derby will be at 1:30pm (post time at 2pm) on May 7t". Their Annual Meeting will be held from 7 to 9pm on May 23rd George Tait, of East Hickory Grove Drive, representing the Larchmont Gardens Civic Association, congratulated those new to office and reviewed the LGCA events. Mr. Tait highlighted: • Sidewalk on East Hickory Grove Drive — everyone love's it and they are trying to persuade the Village to complete the portion of the sidewalk that is on the Village side. • Update on the Lake • Tree Root— requested the Town remove/grind down root which was cut down after Ida in order to allow for a tow truck to gain access to remove a vehicle from the pond. • Light posts — They would like to have a Civic Day where they can work with kids in the area to paint the light posts. • Myrtle — Requested help to slow traffic, noting death of dog that was off leash and ran into the street. Might have had a different outcome if the car was going slower. Mr. Tait asked about using the Fire House for their annual meeting. Supervisor Eney suggested that he contact the Fire Chief directly. 7 April 6, 2022 BOARD OF FIRE COMMISSIONERS Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Fiddelman, seconded by Commissioner King, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: 1. FIRE CLAIMS Jaine Elkind Eney Abby Katz Sabrina Fiddelman Jeffery L. King Robin Nichinsky On motion of Commissioner King, 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 Nichinsky Aye Commissioner King Aye Commissioner Fiddelman Aye Commissioner Katz Aye Commissioner Elkind Eney Aye ATTACHMENT B 0 April 6, 2022 2. Other Fire Department Business Commissioner Elkind Eney read the Fire Alarm Report for the Month of March 2022 as submitted by Chief Hughes as follows: ALARM TYPE NUMBER Generals 28 Minors 13 Stills 1 Out of Town (Mutual Aid) 3 EMS 40 Drills 4 TOTAL 89 Total number of personnel responding: Total time working: 489 31 hours and 0 minutes There being no further business to come before the Commission, on motion of Commissioner Fiddelman, seconded by Commissioner Katz, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Acceptance of the 2021 Financial Audit by EFPR Group On motion Councilwoman Nichinsky, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby accept the 2021 Financial Audit by EFPR Group. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 9 April 6, 2022 2. Acceptance of the 2021 Justice Court Audit by EFPR Group On motion Councilwoman Fiddelman, seconded by Councilman King, the following was approved, WHEREAS, Section 2019-a of the Uniform Justice Court Act requires that Town and Village Justices provide their court records and dockets to be examined and audited, and WHEREAS, the Town of Mamaroneck Justices have provided to the Town's auditors for examination and audit, their court records and dockets, and WHEREAS, the auditors have reviewed these records and issued a report to the Town Board. NOW, THERFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby acknowledge that the audit report for the Town of Mamaroneck Justice Court has been completed, and that the Town Board has reviewed and accepted the report. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 3. Approval —Consultant Engineer Proposal —Traffic Signal Replacement— Myrtle Blvd. at Murray Avenue On motion Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement with Barton and Loguidice, D.P.0 for traffic signal replacement services and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 10 April 6, 2022 4. Authorization — Intermunicipal Agreement with Westchester County — Senior Center Parking Lot Improvements On motion Councilwoman Katz, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement with Westchester County for the Community Development Block Grant for the Senior Center Parking Lot Improvements and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation, subject to approval of the revised language for the fifth paragraph. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 5. Authorization — Acquisition of Real Property Interests by Means of Proceeding Pursuant to Eminent Domain Procedure Law, Article 4 — Waverly Avenue Bridge RESOLUTION TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY INTERESTS BY MEANS OF PROCEEDINGS PURSUANT TO EMINENT DOMAIN PROCEDURE LAW, ARTICLE 4, IN CONNECTION WITH THE WAVERLY AVENUE BRIDGE OVER SHELDRAKE RIVER REPLACEMENT PROJECT IN THE VILLAGE AND TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, the existing Waverly Avenue Bridge over the Sheldrake River ("Bridge") is located on Waverly Avenue in the Village and Town of Mamaroneck; and WHEREAS, the Town of Mamaroneck ("Town") is required to maintain the Bridge; and WHEREAS, the Bridge is an approximately 90 year old concrete structure with a 25 foot span that has a deck, concrete encased steel girders, abutments, backwall, wingwalls and other elements that are in poor condition; and WHEREAS, the Bridge's structural defects and deficiencies include, but are not limited to, the following: concrete elements are exhibiting cracking, dampness and efflorescence; steel girders are becoming exposed with the loss of surrounding concrete, with the exposed steel exhibiting section loss and corrosion; the Bridge railing is substandard, corroding and not secured to the Bridge; abutment and wingwalls are undermining; the wearing surface is irregular, patched and in poor condition; and the curb has spalled and reveal has decreased over time with asphalt overlays; and WHEREAS, due to the deteriorated condition of several elements of the Bridge, the Bridge is currently load posted for 5 tons, although vehicles weighing in excess of that limit occasionally cross the Bridge; and 11 April 6, 2022 WHEREAS, as a consequence of the foregoing, the Town is proposing to replace the existing Bridge and substructure with a precast concrete structure with a 33-foot span ("Project"), as per the recommendation of the United States Army Corps of Engineers as set forth in its Flood Risk Mitigation Study for the Mamaroneck and Sheldrake Rivers; and WHEREAS, the new bridge will carry 13-foot shared use travel lanes and will have 5-foot minimum width concrete sidewalks and a new four -rail steel bridge rail; and WHEREAS, as a part of the Project, the alignment of Waverly Avenue will be modified slightly to the east in order to improve sight distance at Plaza Avenue, improve driveway access to The Mason Apartments and remove the existing kink in the roadway; and WHEREAS, in addition to the Bridge replacement and roadway realignment, the Project will involve the installation of sidewalks on both sides of the new bridge in compliance with ADA and PROWAG, as well as to promote connectively to the proposed river walk being constructed by The Mason Apartments; and WHEREAS, the primary objectives and purposes of the Project are to: replace the existing Bridge to accommodate river channel widening and identified site safety and structural needs; improve safety conditions for both vehicles and pedestrians using this structure by improving the horizontal geometry and adding ADA/PROWAG compliant sidewalks and handicap accessible ramps; increase the width of the hydraulic opening to 33 feet; and coordinate with various utility companies regarding relocations, replacements, etc.; and WHEREAS, in order to accomplish the Project, it is necessary for the Town to acquire, among other things, a fee interest and a temporary easement interest in, to, on, over and through portions of a parcel of land commonly known as 311 Waverly Avenue and bearing Tax Map Reference No. 8-24-155.3 ("Subject Parcel") in the Village and Town of Mamaroneck, Westchester County, New York; and WHEREAS, the Subject Parcel consists of approximately 13,000 square feet of area and is situated immediately west of western highway boundary of Waverly Avenue and partially within and south of the Sheldrake River; and WHEREAS, the portion of the Subject Parcel in which the fee interest is sought consists of approximately 604 square feet of area situated on the south side of the Bridge, adjacent to the western highway boundary of Waverly Avenue, and adjacent to and partially within the southern portion of the Sheldrake River; and WHEREAS, the portion of the Subject Parcel in which the temporary easement interest is sought consists of approximately 860 square feet of area and is situated immediately adjacent to the western boundary line of the proposed fee area; and WHEREAS, the purposes of acquiring the fee interest in and to portions of the Subject Parcel are to construct a wingwall supporting the new bridge and to accommodate the realignment of Waverly Avenue; and WHEREAS, the purposes of acquiring the temporary easement interest to be exercised on, over and through a portion of the Subject Parcel are to provide a work area and construction access for the Project, as well as to enable the Town to perform minor driveway modifications and clearing and grubbing, to re- establish grassed surfaces and/or install slope stabilization measures, and to place temporary erosion and sediment control measures for the duration of the Project; and, 12 April 6, 2022 WHEREAS, after causing a diligent search of the land records of the Westchester County Clerk to be conducted, the Town has identified 311 Waverly LLC as the record owner of the Subject Parcel; and WHEREAS, in accordance with the provisions of Article 3 of the EDPL and the Uniform Act and its implementing regulations, the Town caused to be appraised the aforementioned real property interests sought to be acquired in and to portions of the Subject Parcel, thereafter established an amount which the Town believes represents just compensation for such real property interests, and thereafter conveyed to the record title owner a written offer to purchase such real property interests for 100% of the highest appraised value of such real property interests; and WHEREAS, the record owner of the Subject Parcel has rejected the Town's written offer to purchase the fee and temporary easement interests in, to, on, over and through portions of the Subject Parcel, as a consequence of which the Town must acquire such real property interests by means of its exercise of the right of eminent domain; and WHEREAS, the Project is a Locally Administered Federal Aid Transportation Project administered by the Town; and WHEREAS, as a Locally Administered Federal Aid Transportation Project, the Project is subject to compliance with the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 ("Uniform Act") and the New York State Eminent Domain Procedure Law ("EDPL") and Environmental Conservation Law; and WHEREAS, EDPL Article 2 requires, as a condition precedent to acquiring title by means of eminent domain, that the Town conduct a public hearing to inform the public and to review the public use to be served by the proposed project and the impact on the environment and residents of the locality where the proposed project will be constructed unless such project is exempt from the EDPL Article 2 hearing requirements in accordance with EDPL Section 206; and WHEREAS, EDPL §206 (A) provides that the Town is exempt from compliance with the provisions of the EDPL Article 2 hearing requirements when, pursuant to other state, federal, or local law or regulation, it considers and submits factors similar to those enumerated in Article 2, subdivision (B) of section 204 of the EDPL, to a state, federal, or local government agency, board, or commission before proceeding with the acquisition and obtains a license, a permit, a certificate of public convenience or necessity, or other similar approval from such agency, board, or commission; and WHEREAS, the factors enumerated in EDPL Section 204 (B) are as follows: 1) the public use, benefit or purpose to be served by the proposed public project; (2) the approximate location for the proposed public project and the reasons for the selection of that location, (3) the general effect of the proposed project on the environment and residents of the locality; (4) such other factors as it considers relevant; and WHEREAS, the Project is being progressed by the Town, with oversight by the New York State Department of Transportation ("NYSDOT") and in close coordination with the Federal Highway Administration ("FHWA"), in accordance with therequirements of the NYSDOT "Procedures for Locally Administered Federal Aid Projects" manual and other applicable NYSDOT documents; and 13 April 6, 2022 WHEREAS, in order to progress the Project through the project design phase, it was necessary for the Town to obtain from NYSDOT and FHWA approval that the Town has satisfied the requirements of the NYSDOT "Procedures for Locally Administered Federal Aid Projects" manual and other applicable NYSDOT documents, as well as Federal laws and regulations; and WHEREAS, the Town, in conjunction with its consultant, completed an Initial Project Proposal/ Final Design Report ("Final Design Report") for the Project in November, 2020, which was required to be submitted to FHWA and NYSDOT for approval and authorization to proceed with Final Design Approval and Right of Way acquisitions; and WHEREAS, the Final Design Report for the Project clearly sets forth the public use, benefit or purpose to be served by the Project, the approximate location for the Project, the reasons for the selection of that location and other information relative to the Project; and WHEREAS, in the course of progressing the design of the Project, and as is more fully set forth in the Final Design Report, the Town examined and considered the social, economic and environmental consequences of the Project and activities associated with the Project, including its impacts on: local residents; other affected populations; school districts; recreation areas; places of worship; businesses; police, fire and ambulance services; highway, traffic and overall public safety and health; social groups; regional and local economies and business districts; surface waters; water source quality; general ecology; wildlife; historic and cultural resources; farmlands; and visual resources; and WHEREAS, the Town submitted the Final Design Report to NYSDOT for its approval, NYSDOT completed a review of the Final Design Report, and NYSDOT has approved the preferred alternative, which involves the replacement of the existing Bridge; and WHEREAS, following its approval of the Final Design Report, NYSDOT has issued Final Design Approval and an Authorization to Proceed with ROW Acquisition; and WHEREAS, Federal and State requirements for projects such as the Project include a mandate that the Town undertake the action and satisfy the requirements of the National Environmental Policy Act ("NEPA") and the New York State Environmental Quality Review Act ("SEQRA") as conditions precedent to FHWA and NYSDOT granting Final Design Approval and ROW Authorization; and WHEREAS, the Federal Highway Administration is the Lead Agency for NEPA for the Project; and WHEREAS, in satisfaction of its obligations under NEPA and FHWA regulations, the Project is being progressed in conjunction with NYSDOT and FHWA as a NEPA Class II action (Categorical Exclusion) in accordance with 23 CFR 771.117(c)(28) as the Project involves "Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at -grade railroad crossings" and meets the constraints listed in 23 CFR 771.117(e); and WHEREAS, NYSDOT has concurred that the Project will not induce significant environmental impacts, and it meets the conditions and criteria for a NEPA Class II (Categorical Exclusion) in accordance with 23 CFR 771.117; and WHEREAS, the Town has satisfied the requirements of 23 CFR 771.129 in regard to the evaluation of the Project under NEPA; and 14 April 6, 2022 WHEREAS, New York State law requires the examination and consideration of land -air -water environmental, social, economic, historic and cultural factors when progressing a project such as the Project; and WHEREAS, as is more fully set forth in the Final Design Report, the Town has examined and considered land -air -water environmental, social, economic, historic, and cultural factors when progressing a project such as the Project; and WHEREAS, the Town has completed its environmental review as required by the New York State Environmental Quality Review Act ("SEQRA") and has determined that the Project is a SEQRA Type II Action under 6 NYCRR Part 617.5(c)(2); and WHEREAS, in light of the several written approvals of NYSDOT following the Town's consideration and submission to that agency of factors similar to those set forth in EDPL §204 (B), as required by Federal statute, FHWA regulations and State statutes, and NYSDOT regulations and policies, the Town has satisfied the criteria set forth in EDPL §206 (A) and, therefore, is exempt from the requirement to hold an EDPL Article 2 hearing; and WHEREAS, EDPL Section 206 (C) provides that the Town is exempt from compliance with the hearing and determination and findings requirements of EDPL Article 2 when, "pursuant to other law or regulation it undergoes or conducts or offers to conduct prior to an acquisition one or more public hearings upon notice to the public and owners of property to be acquired, and provided further that factors similar to those enumerated in subdivision (B) of section two hundred four herein may be considered at such public hearings"; and WHEREAS, the Project is subject to the provisions of 23 U.S.C. §128, 23 and 23 CFR §771.111; and WHEREAS, 23 U.S.C. §128 requires, among other things, that prior to the acquisition of right of way interests for a public project, a public hearing be held, or the opportunity for such be afforded, at which public hearing there are considered factors similar to those enumerated in subdivision (B) of Eminent Domain Procedure Law §204; and WHEREAS, in accordance with the provisions of Title 23, U.S. Code, Section 128, and Title 40, U.S. Code of Federal Regulations, Parts 1500 to 1508 and other applicable statutes and regulations, on May 6, 2020 and July 13, 2020, and after due notice thereof was provided, the Town and Village of Mamaroneck, respectively, conducted public information meetings via Zoom concerning the Project; and WHEREAS, the public information meetings were part of a larger process during which the Town described the alternatives and preferred alternative, discussed right-of-way needs, construction impacts, and considered and addressed the potential social, historic, economic and environmental consequences of the proposed Project; and WHEREAS, in light of the foregoing, the Town has conducted a public information meeting/hearing, upon notice to the public and owners of property to be acquired, at which factors similar to those enumerated in EDPL Section 204(B) were presented and considered, as a consequence of which the Town is exempt from the EDPL Article 2 hearing requirements with respect to the Project; and 15 April 6, 2022 WHEREAS, EDPL §206 (D) provides that the Town is exempt from compliance with the hearing and determination and findings requirements of EDPL Article 2 "when in the opinion of the condemnor the acquisition is de minimis in nature so that the public interest will not be prejudiced by the construction of the project or because of an emergency situation the public interest will be endangered by any delay caused by the public hearing requirement in this article"; and WHEREAS, the portion of the Subject Parcel in which the Town seeks to acquire a fee interest partially lies within the bed of the Sheldrake River and constitutes approximately 4.6% of the total land area of the Subject Parcel; and WHEREAS, the Project and the nature and extent of the Town's acquisition of the aforementioned real property interests in, on, over and through portions of the Subject Parcel is de minimis in nature such that the public interest will not be prejudiced by the construction of the Project; and WHEREAS, on the motion of Councilwoman Fiddelman, seconded by Councilman King, the above resolution was put to a roll call vote: NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck has considered all relevant information pertaining to the proposed Waverly Avenue Over the Sheldrake River Replacement Project and has determined the project development process implemented by the Town, as well as the approvals necessarily obtained from FHWA and NYSDOT, the public information meetings that were held as required by statute and regulation, and the de minimis nature of the proposed acquisition of real property interests in, on, over and through portions of the Subject Parcel, qualify the Town for exemptions from the hearing requirements of EDPL Article 2, pursuant to EDPL Section 206 (A), (C) and (D), and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Administrator and/or their designee to take such steps and perform such acts as are necessary for the Town to acquire the fee and temporary easement interests in, to, on, over and through portions of Tax Map parcel 8-24- 155.3, and to acquire all other real property interests that may be necessary to accomplish the Project, including acquisition by exercise of the power of eminent domain in accordance with the provisions of the EDPL, and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 16 April 6, 2022 6. Authorization — Stormwater Control Facilities Agreement On motion Councilwoman Nichinsky, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the Town Administrator to sign the Stormwater Control Facilities Agreement with Winged Foot on behalf of the Town and the release of the performance bond once the attorney for Winged Foot confirms that the Agreement has been recorded by the Westchester County Clerk. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 7. Approval — Intermunicipal Agreement for Road Paving on Pryor Manor Road — Town of Mamaroneck and City of New Rochelle On motion Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the agreement with the City of New Rochelle for paving Pryor Manor Road and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 8. Adoption — Sustainable Westchester Memorandum of Understanding for Participation in the Short -Term Westchester Power Extension Contract for Communities in the Con Edison Service Territory On motion Councilwoman Nichinsky, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board hereby authorizes the Town Administrator to sign the Memorandum of Understanding for Participation in the Short -Term Westchester Power Extension Contract for Communities in the Con Edison Service Territory subject to a compliant offer being received and an award being made. Be it Further Resolved that the Town Board hereby selects the 100% Renewable Clean Power Product for Participating Customers. 17 April 6, 2022 The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 9. Salary Authorization — Promotion to Sergeant's Position On motion Councilman King, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Mamaroneck Town Board hereby authorizes the promotion of Police Officer Matthew Rice, to the position of Police Sergeant, at an annual salary of $137,970.00, as of April 11, 2002. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 10. Salary Authorization — Promotion to Lieutenant's Position On motion Councilman King, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Mamaroneck Town Board hereby authorizes the promotion of Police Sergeant Rui Sandiaes, to the position of Police Lieutenant, at an annual salary of $154,915.00, as of April 11, 2002. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 18 April 6, 2022 APPROVAL OF MINUTES On motion of Councilwoman Katz, seconded by Councilman King, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of March 16, 2022. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman the meeting was unanimously adjourned. Submitted by Allison May, Town Clerk 19 April 6, 2022 Attachment A — Community Choice Presentation 4/6/2022 WESTCHESTER POWER CCA Ardsley Larchmont Harlin Salem Rye Brook Bedlcrd Lewisboro Ossining Village Rye City Croton -on -Hudson Mamaroneck Village Ossining Town Sleepy Hallow Uobbs Ferry Mamaroneck Town Peekskill Somers Greenburgh Mount Kisco Pelham Village Tarrytown Hastings -on -Hudson New Castle Pleasantville Tuckahoe Irvington New Rochelle Pound Ridge White Plains ` Yonkers iv 29 Residents and r0i Municipalities Smal I Businesses SUSTAINABLE WESTCHESTER 20 April 6, 2022 3 WESTCHESTER IS MAKING A HUGE IMPACT! me METRIC TONS OF GO, MITIGATED County -wide 1,100,000 Town of Mamaroneck 47,430 RATES TO -DATE CARS TAKEN OFF THE ROAD FOR 1 YEAR 293,000 10,220 Can Ed - Resldenlial ■ Con Ed — 'A'P Rene+eaba — tiP S a, c � x0 15 70 5 4 TREE SEEDLINGS FOR 10 YEARS 18.2 million 784,310 �� susTArNASLE +) WESTCHESTER • Current Westchester Power rates rani dents in Can Ed territory are fixed through June 3J.2022: • 100% Renewable Supply =7,41 centalkWh • Stanched Supply=675nentslkWh rti SUSTAINABLE �) WESTEHESTER 4/6/2022 4 21 April 6, 2022 5 6 Westchester Power — Con Ed mon1hy average, cents/kWh unweighted through 312022 OfkWh incremental Current Contract Since Launch savings I(cost) {112021-612022) (612016) Standard Renewable Standard Renewable Commercial 1.02� 0.37L� (0,63e) (0,87c) Residential 1.04c 0.38c 0.10c (0.26c) Most cost effective way to benefit from renewable energy at community -scale. 2022 - WESTCHESTER POWER 2.0, EVOLUTIONARY IMPERATIVES Expanding Westchester Power capacity for environmental and economic impact • Increasing the supplier pool for enhanced competition • Building capacity to support longer term contracts and more flexible supply formats • Which in turn can lead to opportunities for long term price stability and more renewable construction 4/6/2022 3 22 April 6, 2022 EXPANDED SUPPLIER OPTIONS In WP 2.0, services provided to "sleeve" wholesale energy supply makes it look just like our normal ESCO contract. 7 I-"--'+ - --- "--.--- - - -- " SUSTAINABLE WESTCHESTER AUCTION DAY - BOTH RETAIL AND WHOLESALE ® v..h. • We will run traditional full retail ESCO auctions and auction for wholesale energy block on the same day. • We will then be able to add the known sleeving service cost to the wholesale block and compare to the retail ESCO offers and select the best. 8 SUSTAINABLE �7 WESTCHESTER 4/6/2022 rd 23 April 6, 2022 i �LIII _►�� �► �l i� . \ �►. • Additional time to organize enhanced auction • Modified RFP, Sleeving arrangement unurtainty amid conflict • New retail bidders are also preparing to World markets see rising participate 00®00 • Seeking to move beyond current high risk & uncertainty premiums • DPS approved up to six months (5 looks best now) • Market price will be significantly higher than current contract I TIMELINE I NEXT STEPS Contract Extension (looking for 5 months) WO 11AM Chief ElectedslAdmins mtg to confirm MOU target price EarlylAlid April: Participation MCU authorized by boards and signed Mid April: Contract signing (immediately after all MOU's executed) Mid April thru Mid May: Prep; Opt -out mailing Mid June: end of opt -out period • July 1: Participants in new extension as of their meter read date 10 SG3T&@IA-LL E� '_HLS-E1 New Contract Auction via Enhanced Format • Mid -August: Participation MOUs signed off • Late August: Auction • Early September: Contract signing (immediately after auction award) • Mid September thru Mid October. Prep. Opt -out mailing Mid November: end of opt -cut period December 1: Participants in new extension as of their meter read date A :.L:' _. 4/6/2022 5 24 April 6, 2022 11 12 PRICE TARGET ORIENTATION - MARKET • Market revisit —natural gas rise accounts for most of what we see Gas futures have doubled, and energy constitutes about half oft he electricity price: • That doubling alone implies 50% increase to retail -> our Standard price of 6.7 cents from 2020 x 1.5 = 10.05 cents • Upward pressures likely continue: el rs 1 M�a i�,��r��,.,�n,� ..._,. �. ..m..�:. ui���:c�,.�,,.��.., CLIMATE'!,'AE Alarrrt )R ?.IJ7 u.5. eR la N21 C9 e.,A: e. LNG E•; ­o:c h0l = za.+ 0 x gngg, nruae a ­E: as Biden Increases LNG exports as Europe faces energy crisis aay nac+de: acsrmngmn�,mos-xec,;.en.�a, aee u�nmars ux�emnne �ncr.a�ac n.;a.m rorc ,.....—.,_.._ .. z02q me .�c.ease m u e- �µ� e�aans Way oc•�rort c nc aema � r..ar. tovore arty � �e " SUSTAINABLE WESTCHESTER PRICE TARGET ORIENTATION REC price has been increasing • Current contract - 0.6 cents / kWh • NYSEG and Yonkers - —1.5 cents / kWh • Current indicative - 1.7 plus loss factor = 1.82 � as�oaE Governor Cuomo Announces Second Competitive Tier 2 Solicitation to Retain - ... New York's Existing Renewable Energy Resources 7. SUSTAINABLE WESTCHESTER 4/6/2022 X 25 April 6, 2022 13 14 PRICE TARGET ORIENTATION - ESCO MARKET Pricing Details r ` !' w,wK w:ray S5o5s pe, •,cm, - 50.1315 w.. kWh :r. $9205 pn mnmih --.... _.-.- .. •, JAn lryr _ Canuecilmg& 10.1339 re,.kWh .: $0134S) kWh vvwr a -. 5:1 43 PE, non- Rm.*e44 E•nv " SUSTAINABLE WESTCHESTER PRICE TARGET ORIENTATION - ESCO MARKET e,,ergj .. 1. Z- SERVICE 11E SERVICE n9EA- I-: S-pla Green Chaice 12 1 3.39¢ 1£PM' 1, 1 RAZEIVPE'—, 177 .. N11� New Yolk Green 12 13.49¢ �•.'A mv iEPN_i.' A'r"in PALE TYPE vw New York Green 24 13.53¢ > SUSTAINABLE At". �) WESTCHESTER 4/6/2022 7 26 April 6, 2022 INDICATIVE PRICING Summary -111% r--ble, current ina icative level (supply • REC.) Julyt Paeingnete 3Me 5Mn 12Mo iS Mo 26Mo 36 Mo cat-1 Renevable. c'kVA 323 11.66 11.76 13.55 13.02 13.06 13.00 Indicative 2, Ranehg,ble. ClkWn 325 11.09 1291 12.19 12.A9 NIA Not executable SUSTAINABLL r WIS-CHESTER 15 16 IDI nad�9 n�.a JWy 1 o MOU COMPLIANT PRICE (NOT -TO -EXCEED) Price -Not -To -Exceed: 12.5 cents per kWh � Margin compatible with range of movement (0.73 cents) me have seen in past weeks � Experience with similar rapid upward pricing movements in the 2021 NYSEG contracting process informs re the potential downside of not leaving some buffer ♦ Not possible to reset targets and stay on schedule • Communications challenges due to lack of gap between utility "switch letters" and new opt - out notice • Some unhappiness/ sense of being abandoned felt as program dropped out just wfien rates were high and unpredictable At stake: • Value features of WP rates .: WP Rates as rate cap/ insurance c Participants can change supply (StandardlRenewable) • Continuity of access to stable rate options, REC supply SUSTAINABLE \� tilESTGHESTER 4/6/2022 27 April 6, 2022 Your action can help your community build a clean energy future! 17 Questions? Sustainable Westchester General infD(@sustainablewestchester.org Westchester Power westchesternower(cDsustainablewestchester.org Call us at 914-242-4725 SUSTAINABLE WESTCRESTER 4/6/2022 9 28 April 6, 2022 Attachment B — Fire Claims Town of Mamaroneck From: Tracy Yogman - Town Comptroller 7[{ Re: Fire Claims Date: April 6, 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 AAA Emergency Supply Cc., Inc Scott parts,hose airpak test,repair & labor $ 616.22 Supplies -Max C, AA & AAA batteries, (7) 16 pks and (4) 48 pks bottles of Amazon.Com water 317.65 Reimbursement for materials purchased for forcible door simulator - Broderick, Tom Premium fir stud, safety glasses, BTR KD prime 107.90 Champion Elevator Maintenance for month of March 2022 192.50 Can Edison Fire HQ Gas service 1/31/22-3/2/22 2,095.68 Fire -End & Croker Corp. (2) steams VR2 rescue vest, and (2) 1651 Tether 515.14 25' alum cable,00nnectcr,outlet box cover for basement water cooler - Foley Hardware building repairs supplies 100.25 Galls, LLC No show socks 22.27 Grainger Building & ground supplies and firefighting equipment 225.12 Home Depot Rolling tool boxes for Engine 37 equipment, lod<s & husky toolbox 219.98 Hubbinette Cowell Assoc. Inc. Annual Renewal of Enhanced Cancer Care Policy 1/22-1/23 7,901.00 Optimum Cable Services for 3123-4/22/22 271.05 Ready Refresh by Nestle Water Cooler rental & paper fee 2/19-3/18/22 132.97 Singer Energy DBA Original Energy Diesel fuel for generator 2/18/22 131.64 Uni-First Corporation Cleaning Supplies 3/11, 3118, 3/25/22 431.65 Verizon Fire HQ service 3/10-4/9/22 258.40 Village Paint Supply Paint & acrylic base 129.98 WJWW 205 Weaver St. Charges 1/25-2/24/22 95.52 Total $ 13,159.70 Page 244 of 273 29