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HomeMy WebLinkAbout2022_06_22 Town Board Meeting Packet0 0 w Z m F t � FOUNDED 1661 TOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, June 22, 2022 5:OOPM THE TOWN BOARD WORK SESSION: The Work Session will convene at the Senior Center, located at 1288 West Boston Post Road, Mamaroneck, NY 10543. 1. Presentation - R.E.A.L.M. (Recognizing Enslaved Africans of Larchmont Mamaroneck) 2. Presentation - iCompass Paperless Agendas & Ipad App 3 Discussion - Cooperative Pricing Agreement with the Educational Services Commission of New Jersey 4. Discussion - Readoption of Six 2022 Bond Resolutions 5. Review - 2023 Budget Calendar 6. Discussion of Award — TA-22-07 — 2022 Resurfacing of Various Roads 7. Discussion - Parking Adjacent to 16 N. Chatsworth 8. Discussion - Commuter Parking Regulations 9. Discussion - Westchester Power MOU 10. Review- Standard Work Day Reporting for Elected Officials 11. Updates 12. 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. Consideration of Local Law to Create Appointed Town Clerk Position 2 Public Input Session - Section 4(f) De Minimus Action Determination - NYSDOT PIN 8815.27 - Routes 6 & 125 Pavement & Pedestrian Improvements RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS BOARD OF FIRE COMMISSIONERS 1. Fire Claims AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization - Cooperative Pricing Agreement with the Educational Services Commission of Page 1 of 212 New Jersey 2. Authorization - Readoption of Six 2022 Bond Resolutions 3. Authorization of Contract Award — TA-22-07 — 2022 Resurfacing of Various Roads 4. Authorization - Westchester Power MOU 5. Authorization - Standard Work Day Reporting for Town Supervisor Jaine Elkind Eney 6. Consideration of Certiorari REPORT OF MINUTES 1. May 4, 2022 2. June 8, 2022 REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT NEXT REGULARLY SCHEDULED MEETING - Wednesday, July13, 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 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Presentation - R.E.A.L.M. (Recognizing Enslaved Africans of Larchmont Mamaroneck) ATTACHMENTS: 1. No Attachments - REALM Page 3 of 212 PRESENTATION R.E.A.L.M. (Recognizing Enslaved Africans of Larchmont Mamaroneck) THIS ITEM HAS NO ATTACHMENTS Page 4 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Presentation - iCompass Paperless Agendas & Ipad App ATTACHMENTS: 1. No Attachments - iCompass Page 5 of 212 PRESENTATION I.T. Department: iCompass Paperless Agendas & 1pad App THIS ITEM HAS NO ATTACHMENTS Page 6 of 212 o? �oTOWN OF • z x OFFICE OF •WN COMPTROLLER � FOUNDED 1861 � TO: Supervisor and Town Board members FROM: Tracy Yogman- Town Comptroller RE: Authorization- Cooperative Pricing Agreement with the Educational Services Commission of New Jersey DATE: June 22, 2022 The Town may contract for purchases in accordance with New York State General Municipal Law Section 103 in the following three ways: 1. Conducting your own procurement. This form of competitive bidding requires you to follow not only your own rules and regulations but that of General Municipal Law. Contracts are awarded on a basis of best value and lowest bidder. 2. Piggybacking on existing contracts. This means that you can receive the same services and commodities as the contract holders at the same price. 3. Cooperative purchasing. This is when two or more local entities seek to purchase goods or services together, resulting in greater purchasing power and cost savings. Any city, town, village, county, fire or school district, BOCES, and improvement districts can sign an intergovernmental cooperative agreement to seek procurement together. Purchasing programs use the power of a large group to gain volume discounts and lower contracted rates. It is cost effective and more efficient for the Town to join purchasing organizations to utilize contracts that are already in place and have complied with the New York State bidding procedures. In accordance with NYS General Municipal Law 103-16, the Town may participate in cooperative purchasing agreements that satisfy the following criteria: 1. The contract must have been let by the United States or any agency thereof, any state or any other political subdivision or district therein. Therefore, there must be an underlying contract let by one of the listed governmental entities. a. Public solicitation of bids or, in the case of best value, offers. b. Submission of sealed bids or offers, or analogous procedures to secure and preserve the integrity of the process and confidentiality of the bids or offers submitted. c. Preparation of specifications, or a similar document that provides a common standard for bidders or offerers to compete fairly. d. Award to the lowest bidder who materially or substantially meets the bid specifications and is determined to be a responsible bidder, or in the case of a best value process, an award to the responsive and responsible offerer. Page 7 of 212 2. The contract must have been made available for use by other governmental entities. 3. The contract must have been "let to the lowest responsible bidder or on the basis of best value in a manner consistent with this section." The Educational Services Commission of New Jersey Cooperative System (ESCNJ) has been in existence since 1977 and has grown to become the largest cooperative pricing system in New Jersey. With over 1,400 members, participants include school districts, colleges, universities, municipalities, county governments, housing authorities, libraries, fire districts and more. Contracts are nationally bid and locally awarded. The Town would like to become a member of ESCNJ to make purchases, save money and be more efficient. A Town Board resolution and a membership agreement is required by ESCNJ to join the group. Both documents are both attached for your review. The Town's Purchasing Policy does allow purchases to be made from other political subdivisions within the United States if such contract was publicly bid and made available for use by other governmental entities. ACTION REQUESTED: The Town Board authorizes the Town to participate in the Educational Services Commission of New Jersey Cooperative System (ESCNJ) and authorizes Meredith S. Robson to sign the Cooperative Pricing System Agreement. 2 Page 8 of 212 RESOLUTION FOR MEMBER PARTICIPATION IN A COOPERATIVE PRICING SYSTEM A RESOLUTION AUTHORIZING THE TOWN OF MAMARONECK TO ENTER INTO A COOPERATIVE PRICING AGREEMENT RESOLUTION NUMBER WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and WHEREAS, the Educational Services Commission of New Jersey, hereinafter referred to as the "Lead Agency " has offered voluntary participation in a Cooperative Pricing System for the purchase of goods and services; WHEREAS, on June 22,2022 the governing body of the Town of Mamaroneck, County of Westchester, NY, State of New York duly considered participation in a Cooperative Pricing System for the provision and performance of goods and services. NOW, THEREFORE BE IT RESOLVED as follows: TITLE This RESOLUTION shall be known and may be cited as the Cooperative Pricing Resolution of the Town of Mamaroneck Agency. AUTHORITY The Town Administrator is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead CONTRACTING UNIT The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq) and all other provisions of the revised statutes of the State of New Jersey. EFFECTIVE DATE This resolution shall take effect immediately upon passage. CERTIFICATION I hereby, certify that the above resolution was adopted by the Town Board of the Town of Mamaroneck at a meeting of said governing body held on June 22, 2022. Allison May, Town Clerk ATTEST BY: Page 9 of 212 COOPERATIVE PRICING SYSTEM AGREEMENT THE EDUCATIONAL SERVICES COMMISSION OF NEW JERSEY 65MCESCCPS AGREEMENT FOR A COOPERATIVE PRICING SYSTEM This Agreement made and entered into this day of , 20 , by and between the, EDUCATIONAL SERVICES COMMISSION OF NEW JERSEY and the who desire to participate in the EDUCATIONAL SERVICES COMMISSION OF NEW JERSEY COOPERATIVE PRICING SYSTEM. WITNESSETH WHEREAS, N.J.S.A. 40A:11-11(5), specifically authorizes two or more contracting units to establish a Cooperative Pricing System for the provision and performance of goods and services and enter into a Cooperative Pricing Agreement for its administration; and WHEREAS, the EDUCATIONAL SERVICES COMMISSION OF NEW JERSEY is conducting a voluntary Cooperative Pricing System with other contracting units; and WHEREAS, this Cooperative Pricing System is to effect substantial economies in the provision and performance of goods and services; and WHEREAS, all parties hereto have approved the within Agreement by Resolution' in accordance with the aforesaid statute; and WHEREAS, it is the desire of all parties to enter into such Agreement for said purposes; NOW, THEREFORE, IN CONSIDERATION OF the promises and of the covenants, terms and conditions hereinafter set forth, it is mutually agreed as follows: The goods or services to be priced cooperatively may include supplies and materials, time and material bids, energy aggregation and such other items that two or more participating contracting units in the system agree can be purchased on a cooperative basis. Page 1 Page 10 of 212 The items and classes of items which may be designated by the participating contracting units hereto may be purchased cooperatively for the period commencing with the execution of this Agreement and continuing until terminated as hereinafter provided. 2 The Lead Agency, on behalf of all participating contracting units, shall upon approval of the registration of the System and annually thereafter IN JANUARY of EACH SUCCEEDING YEAR publish a legal ad in such format as required by NJA.C. 5:34- 7.9(a) in its official newspaper normally used for such purposes by it to include such information as: (A) The name of Lead Agency soliciting competitive bids or informal quotations. (B) The address and telephone number of Lead Agency. (C) The names of the participating contracting units. (D) The State Identification Code assigned to the Cooperative Pricing System. (E) The expiration date of the Cooperative Pricing System. 3. Each of the participating contracting units shall designate, in writing, to the Lead Agency, the items to be purchased and indicate therein the approximate quantities if required, the location for delivery and other requirements, to permit the preparation of specifications as provided by law. 4. The specifications shall be prepared and approved by the Lead Agency and no changes shall be made thereafter except as permitted by law. Nothing herein shall be deemed to prevent changes in specifications for subsequent purchases. 5 A single advertisement for bids or the solicitation of informal quotations for the goods or services to be purchased shall be prepared by the Lead Agency on behalf of all of the participating contracting units desiring to purchase any item. 6 The Lead Agency when advertising for bids or soliciting informal quotations shall receive bids or quotations on behalf of all participating contracting units. Following the receipt of bids, the Lead Agency shall review said bids and on behalf of all participating contracting units, either reject all or certain of the bids or make one award to the lowest responsible bidder or bidders for each separate item. This award shall result in the Lead Agency entering into a Master Contract with the successful bidder(s) providing for two categories of purchases: Page 2 Page 11 of 212 (A) The quantities ordered for the Lead Agency's own needs, and (B) The estimated aggregate quantities to be ordered by other participating contracting units by separate contracts, subject to the specifications and prices set forth in the Lead Agency's Master Contract. 7 The Lead Agency shall enter into a formal written contract(s) directly with the successful bidder(s) only after it has certified the funds available for its own needs. Each participating contracting unit shall also certify the funds available only for its own needs ordered; enter into a formal written contract, when required by law, directly with the successful bidder(s); issue purchase orders in its own name directly to successful vendor(s) against said contract; accept its own deliveries; be invoiced by and receive statements from the successful vendor(s); make payment directly to the successful vendor(s) and be responsible for any tax liability. 9. No participating contracting unit in the Cooperative Pricing System shall be responsible for payment for any items ordered or for performance generally, by any other participating contracting unit. Each participating contracting unit shall accordingly be liable only for its own performance and for items ordered and received by it and none assumes any additional responsibility or liability. 10. The provisions of Paragraphs 7, 8, 9, and 10 above shall be quoted or referred to and sufficiently described in all specifications so that each bidder shall be on notice as to the respective responsibilities and liabilities of the participating contracting units. 1 1. No participating contracting unit in the Cooperative Pricing System shall issue a purchase order or contract for a price which exceeds any other price available to it from any other such system in which it is authorized to participate or from bids or quotations which it has itself received. 12. The Lead Agency reserves the right to exclude from consideration any good or service if, in its opinion, the pooling of purchasing requirements or needs of the participating contracting units is either not beneficial or not workable. 13. The Lead Agency shall appropriate sufficient funds to enable it to perform the administrative responsibilities assumed pursuant to this Agreement. 14. It is understood that all fees for each participating contract are paid by the vendors as noted within the Bid/RFP documents. Page 3 Page 12 of 212 All fees are included within the bid price and are subject to change with new awards and notice to all cooperative members will be provided. 15 This Agreement shall become effective on 5/21/22 subject to the review and approval of the Director of the Division of Local Government Services and shall continue in effect for a period not to exceed five (5) years from said date unless any party to this Agreement shall give written notice of its intention to terminate its participation. 16. Additional local contracting units may from time to time, execute this Agreement by means of a Rider annexed hereto, which addition shall not invalidate this Agreement with respect to other signatories. The Lead Agency is authorized to execute the Rider on behalf of the members of the System. 17. All records and documents maintained or utilized pursuant to terms of this Agreement shall be identified by the System Identifier assigned by the Director, Division of Local Government Services, and such other numbers as are assigned by the Lead Agency for purposes of identifying each contract and item awarded. 18. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and executed by their authorized corporate officers and their respective seals to be hereto affixed the day and year above written. FOR THE LEAD AGENCY BY: ATTEST BY: Anthony La Marco Business Administrator/Board Secretary For: Town of Mamaroneck Participating Unit i• ATTEST BY: Name and Title Meredith S. Robson, Town Administrator Name Page 4 Page 13 of 212 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@Townofl\4amaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Cooperative Pricing Agreement with the Educational Services Commission of New Jersey Date: June 17, 2022 As outlined by Town Comptroller Tracy Yogman, we would like to engage in a cooperative purchasing agreement with the Educational Services Commission of New Jersey (ESCNJ). REQUESTED ACTION: Resolved that the Town Board hereby adopts the resolution as set forth and authorizes the Town Administrator to sign the agreement and any related documents necessary to carry out its implementation. Page 14 of 212 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 Office of the Comptroller Memorandum To: Town Board Members From: Tracy Yogman, Town Comptroller Date: June 22, 2022 Re: 2022 Readoption of Bond Resolutions TEL: 914/381-7850 FAX: 914/3 81-7809 towncomptroller@towliofiiiamaroneck.org Attached are six of the bond resolutions that were adopted by the Town Board at the May 18th meeting. These resolutions must be readopted by the Town Board as the notice of adoption was delayed beyond the ten day requirement. Bond counsel has advised that the process must begin again. Below are the six bond resolutions that are the same as adopted except for the date of the resolution: Town Center Building Reconstruction $765,000 Financial Management System $203,400 Traffic Signal Systems $415,000 Road Reconstruction $642,380 Highway Maintenance Equipment & Vehicles $343,000 Sidewalks and Curbs $618,500 An updated financing schedule has been provided by Capital Markets Advisors, the Town's financial advisor as follows: Draft Preliminary Official Statement Moody's Rating Call: Mail POS and Notice of Sale: Sale of Bonds at CMA Offices: Close Bonds: Wednesday, August 3rd Week of August 81h or 151h Monday, August 22nd Thursday, September 81h ]]am Thursday, September 22nd Action Requested: Authorizing the readoption of each of the bond resolutions. Page 15 of 212 BOND RESOLUTION DATED JUNE 22, 2022. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, TOWN CENTER BUILDING RECONSTRUCTION, IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $765,000 AND AUTHORIZING THE ISSUANCE OF S765,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter- described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment; NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Town Center building reconstruction, in and for the Town of Mamaroneck, Westchester County, New York, being roof replacement and elevator modernization, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $765,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $765,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Page 16 of 212 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially Ievel or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile -2- Page 17 of 212 signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in .addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official .intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a .long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the. date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. -3 - Page 18 of 212 Section 10. THIS RESOLUTION IS. ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. - The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. me Page 19 of 212 BOND RESOLUTION DATED JUNE 22, 2022: A RESOLUTION. AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE PURCHASE OF A- FINANCIAL MANAGEMENT SYSTEM, FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $203,400 AND AUTHORIZING THE ISSUANCE OF $203,400 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed; has-been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment; NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase of a financial management system, in and for the Town of Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith, is hereby authorized at a maximum estimated cost of $203,400. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $203,400 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Page 20 of 212 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 81(a) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section d. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. AlI other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile -2- Page 21 of 212 signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. -3- Page 22 of 212 Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. -4- Page 23 of 212 BOND RESOLUTION DATED JUNE 22, 2022. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE REPLACEMENT OF TRAFFIC SIGNAL SYSTEMS, FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $415,000 AND AUTHORIZING THE ISSUANCE OF $415,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment; NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The replacement of traffic signal systems, in and for the Town of Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith, is hereby authorized at a maximum estimated cost of $415,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $415,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Page 24 of 212 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 72 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be Ievied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds -are to be executed in the name of the Town by the facsimile -2- Page 25 of 212 signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if. 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and. an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. -3- Page 26 of 212 Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly_ put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. -4- Page 27 of 212 BOND RESOLUTION DATED JUNE 22, 2022. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, ROAD RECONSTRUCTION, THROUGHOUT AND IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $642,380 AND AUTHORIZING THE ISSUANCE OF $642,380 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment; NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Section 1. Reconstruction of various roads, throughout and in and for the Town of Mamaroneck, Westchester County, New York, including drainage, sidewalks, curbs, gutters, landscaping, grading or improving rights -of -way, as well as other incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $642,380. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $642,380 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Page 28 of 212 Section 3. It is hereby determined that _the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including detennining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile -2- Page 29 of 212 signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the -date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. -3- Page 30 of 212 Section 10. REFERENDUM. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly. adopted. In Page 31 of 212 BOND RESOLUTION DATED DUNE 22, 2022. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE PURCHASE OF HIGHWAY MAINTENANCE EQUIPMENT AND VEHICLES, FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $343,0.00 AND AUTHORIZING THE ISSUANCE OF $343,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment; NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase of highway maintenance equipment and vehicles, each item of which costs $30,000 or more, for the Town of Mamaroneck, Westchester County, New York, including incidental equipment and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $343,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $343,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Page 32 of 212 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile -2- Page 33 of 212 signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including .the consolidation with other issues, shall be determined by the Supervisor. Such- bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such r form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. only if: Section 8. The validity of such bonds and bond anticipation notes may be contested 1) Such obligations are authorized for an object or purpose for which said Town is not. authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. -3- Page 34 of 212 Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The .question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. -4- Page 35 of 212 BOND RESOLUTION DATED TUNE 22, 2022. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, RECONSTRUCTION OF SIDEWALKS AND CURBS, THROUGHOUT AND IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $618,500 AND AUTHORIZING THE ISSUANCE OF $618,500 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, -has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment; NOW, THEREFORE, WHEREAS, it is now desired to .authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Reconstruction of various sidewalks and curbs, throughout and in and for the Town of Mamaroneck, Westchester County, New York, including curb rehabilitation, guiderails, and incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $618,500. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $618,500 bonds of said Town, hereby authorized to be issued therefor pursuant to e.. the provisions of the Local Finance Law. Page 36 of 212 r Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terns, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the 1 Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for,the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile -2- Page 37 of 212 signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a Iong-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suitor proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary fonn in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. -3- Page 38 of 212 Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. -4- Page 39 of 212 BUDGET CALENDAR - 2023 TOWN BUDGET* Friday, July 1, 2022 Friday, August 12, 2022 Tuesday August 2 & Wednesday August 10, 2022 Tuesday, September 6, 2022 Friday, September 9, 2022 Monday, September 12, 2022 through Friday, September 23, 2022 Wednesday, October 19, 2022 Saturday, October 22, 2022 Tuesday, November 8, 2022 Wednesday, December 7, 2022 Capital Budget Worksheets and Budget Instructions will be posted in the 2023 Budget file on Town Drive for Department Heads Completion of Capital Budget Worksheets on Town Drive for review Budget Training for Munis Input of Operating Budgets into Munis Budget System Completion of all Operating Budget narratives on Town Drive Departmental Budget Work Sessions Submission of Tentative Budget to the Town Board and Preliminary Review of Tentative Budget Departmental Operating and Capital Budget Review (Senior Center, 9:30am) Capital Budget Review Continuation, (if necessary) (Town Center, Conf Room C, 5:30pm) Budget Hearing — 2023 Preliminary Budget Final Adoption of 2023 Budget? Page 40 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Discussion of Award — TA-22-07 — 2022 Resurfacing of Various Roads ATTACHMENTS: 1. MSR Memo Road Resurfacing 2. Rec of Award_TA2207 Road Resurfacing_06172022 3. Bid Tabulation_TA-22-07_FINAL 4. Email —Revised Alternate - Laura Li Industries (002) Page 41 of 212 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@Townofl\4amaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Recommendation of Award — 2022 Resurfacing of Various Roads Date: June 17, 2022 Attached please find a memo from Town Engineer Robert Wasp regarding the bid TA-22-07 Resurfacing of Various Roads. REQUESTED ACTION: Resolved that the Town Board hereby awards the contract, pursuant to the Town Engineer's recommendation, to Laura Li Industries for Resurfacing of Various Roads and authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 42 of 212 Town of Mamaroneck TEL: 914/381-7835 Engineering Department, Town Center FAX: 9141381-8473 740 West Boston Post Road, Mamaroneck, NY 10543-3353 Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org Town Engineer INTERDEPARTMENT MEMORANDUM DATE: June 17, 2022 TO: Meredith Robson, Town Administrator CC: Tracy Yogman, Town Comptroller FROM: Robert Wasp, P.E., Town Engineer SUBJECT: Recommendation of Contract Authorization TA-22-07 — Resurfacing of Various Roads GENERAL: Bid procurement was recently completed for the Town's 2022 road resurfacing contract. The project scope consists of pavement resurfacing and related work on various streets throughout the Town, including New Harmon Drive, Revere Road, Fifth Avenue, Madison Avenue, New Jefferson Street, Lafayette Road, Huguenot Drive, Mountain Avenue, N. Chatsworth Ave, Washington Square, E. Valley Stream Road, and Ferndale Place. Roads included in this year's project are consistent with the recommended list published in the Town's 2021 Three Year Paving Plan document. On May 31st, 2022, five (5) bid proposals were received as summarized on the attached bid tabulation table. The apparent low bidder is "Laura Li Industries" at the submitted base bid price of $951,593.00 for the full project scope. Considering the known escalation of asphalt prices based upon fuel costs, Deduct Alternate No. I was included on the bid form for the removal of work along Ferndale Place and Revere Road. Alternative pavement specification for enhanced mix design containing Polymer Fibers was requested under Alternate #2. Project coordination with planned sidewalk and curbing improvements on Revere Road under recently awarded Town Contract TA-22-06 discourages the elimination of paving work from this year's contract scope. At the direction of the Engineering Department, Laura Li Industries has offered a revised deduct alternate price for elimination of resurfacing of Ferndale Road and Mountain Avenue in lieu of Revere Road. The scope of work for Mountain Avenue is of similar proportions to Revere Road; the offered deduction of $54,000.00 would reduce the contract scope to $897,593.00. Further elimination of quantities for elective bid items: replacement of granite curbing, concrete curbing and ADA compliant sidewalk ramps provided reductions of $14,700.00, $25,000.00 and $5,700.00 respectively. All of these items can be performed by Laura Li Industries through the awarded unit prices under the TA-22-06 contract. Positive feedback on completed paving work by Laura Li Industries was received from references contacted by the Engineering Department. Further evaluation of work quality was assessed through site visits to Theodore Fremd Avenue in Rye and King Street in Port Chester. No errors or omissions that could potentially impact the viability of their bid price have been identified at this time. The Engineering Department recommends authorization of contract award to Laura Li Industries in the contract amount of $852,193.00. Please feel free to contact me with any questions. Page 43 of 212 Lw M li M Q w c O o� o y 0 O Z� Y G N v � � NO =E'u C ti v c II N C N N K cII moo~ G ztt C v m U uC 3 OiO c � I� W ;z U op M M � � Z S L 7 N O N a O O O G V Ny C R -I� O O n h b Vj h M x z z S olz O h In G n O o v1 l0 d CG 69 fA bS Vj fA 69 69 EA O 00 In 'Vy cr, Y�/f ti ry ti z d 0 O U O Ci O O O O O O O O lz O O O O O O O O O O O in o O VO O O O O OQzl vi N m0 N P� P� O 01 O h O a . o yO O o O O tz a z LnIn O h O n •C C O i--i �,' --' O O O O c' Cam. cFJ+ y- Ol N h NO R :b v3 � � � � �Ln ol c'3 � yj r�s ens vOj. w to b y o Y 01 `o O U U O cC ti N N N O � O N N cc tz yC U U a^ cG m c4 •- F" r� ni z z z z a z z z o a z N O Wasp, Robert From: Laura Etre <> Sent: Thursday, June 16, 2022 2:59 PM To: Wasp, Robert Cc: Marc Etre Subject: Re: TB Recommendations for Award of Contract TA-22-07 - Resurfacing of Various Roads Good Afternoon Mr. Wasp, The deduction of the two streets (Ferndale PI and Mountain Ave)will be $54,000.00 A second deduction of some concrete work will bring us to hit the $890,000.00 price. Please do not hesitate to contact me with any questions regarding this project. Best Regards, Laura Etre Managing Member Laura Li Industries, LLC On Jun 15, 2022, at 3:43 PM, Wasp, Robert <> wrote: Marc and Laura, As discussed over the phone, the Town is reviewing our available budget to fund this years paving work. Resulting asphalt prices from fuel costs have unfortunately eroded all contingency buffer that we typically have to in our budget In lieu of the defined alternate #1 can you provide a deduct price for removal of Ferndale Place and Mountain Avenue from this year's award. Our take offs quantify this work as 290 ton & 1,590 SY milling, 4 manhole castings and 2 catch basin adjustments eliminated from the project. My sense is the Board will more likely accept this deduction as Revere Road will have new curbing Any further savings that Laura Li can offer may help entice our Town Board to authorize award at their meeting on 6/20. Thank you Robert P. Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Page 45 of 212 Sipn up for Town Alerts! Page 46 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Discussion - Parking Adjacent to 16 N. Chatsworth ATTACHMENTS: 1. 16 n. chatsworth 2. FW 16 N. Chatsworth Avenue Driveway Page 47 of 212 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@Townofl\4amaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Parking Adjacent to 16 N. Chatsworth Date: June 17, 2022 Attached you will find an email Town Supervisor Jaine Elkind Eney received that outlines a request for no parking adjacent to 16 N. Chatsworth. Please review this request for discussion, no further action is requested at this time. Page 48 of 212 From: Lindsey Luft To: Lindsey Luft Subject: FW: 16 N. Chatsworth Avenue Driveway Date: Friday, June 17, 2022 4:16:42 PM From: "Marks, Theodore L." < Date: June 3, 2022 at 5:30:10 PM EDT To: Jaine Elkind Eney < Cc: "Bart Sages ( Subject: RE: 16 N. Chatsworth Avenue Driveway Confirmed. I'm copying Bart Sages, President of the Board. Theodore L. Marks Of Counsel Morrison Cohen LLP 909 Third Avenue 27th Floor New York, NY 10022 www.morrisoncohen.com From: Jaine Elkind Eney < Sent: Friday, June 3, 2022 5:28 PM To: Marks, Theodore L. < Subject: Re: 16 N. Chatsworth Avenue Driveway CAUTION: External sender. Verify before continuing. Dear Ted: Please confirm that the Board of Directors of 16 N. Chatsworth has approved this request Thanks Jaine Jaine Elkind Eney On Jun 3, 2022, at 4:33 PM, Marks, Theodore L. < wrote: Page 49 of 212 I reported our recent conversations to our Board of Directors at our monthly meeting earlier this week. Since our purchase of the driveway is impractical because of the County's ownership, the Board is willing and anxious to work with you in returning the parking restrictions to status quo as of the Town's institution of parking regulations in the Washington Square area several years ago. My wife and I moved into 16 N. Chatsworth in 1996. At that time and for decades preceding, the section of New Jefferson Street adjoining the building (with a Town park on the other side) was treated as the building's driveway, and "No Parking" signs were affixed to both sides The driveway leads solely and directly into the rear parking area owned by the building. The building has always maintained the driveway for snow clearing and other purposes and continues to do so to this date. When the Town invoked its 2-hour parking regulations the driveway was not included. When that was discovered, the No Parking signs on the Town park side of the driveway were removed and people (both commuters and local residents) started parking their cars there on a 24/7 basis. The presence of parked vehicles in the driveway has caused substantial inconvenience to the building and its numerous residents. The driveway is critical to our residents for access to our parking area and side entrances, and serves no purpose to any other area residents since it only leads to the parking area The restoration of the No Parking signs to the park side of the driveway would eliminate only about 10- 12 parking spaces. There are always ample spaces available on New Jefferson Street across N. Chatsworth and running all the way down to the entrance to 1-95. Accordingly, we would appreciate your efforts and those of the Town Attorney in presenting this request to the Traffic Commission and expediting the process of returning the driveway to status quo. Thank you. Theodore L. Marks Of Counsel Morrison Cohen LLP 909 Third Avenue 27th Floor Page 50 of 212 New York, NY 10022 www.morrisoncohen.com This transmittal and/or attachment (s) may be a confidential attorney -client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachment(s) in error, please notify us immediately by reply or by telephone (call us collect at 212-735-8600) and immediately delete this message and all of its attachments. Thank you. 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For more information please visit https://Iink.zixcentral.com/u/feOc6698/lrcOKFXu7BGIPkTOhnsoma? u=http%3A%2 F%2Fwww. m i mecast. com Page 51 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Discussion - Commuter Parking Regulations ATTACHMENTS: 1. Commuter Parking Discussion 2. Fwd_ Residential Parking on N Chatsworth Page 52 of 212 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@Townofl\4amaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Commuter Parking Regulations Date: June 17, 2022 Attached you will find an email Town Supervisor Jaine Elkind Eney received that outlines a request to review the Commuter Parking Regulations. Please review this request for discussion, no further action is requested at this time. Page 53 of 212 From: Meredith Robson To: Lindsey Luft Subject: Fwd: Residential Parking on N Chatsworth Date: Friday, June 17, 2022 4:07:32 PM From: Eney, Jaine Elkind <> Sent: Wednesday, May 11, 2022 5:27:32 PM To: JANET SMITH <> Cc: Meredith Robson <>; Odierna, Sue Subject: RE: Residential Parking on N Chatsworth Dear Janet: Thank you for your email. As you mentioned, the new parking regulations were enacted in response to resident complaints that commuters were using their streets for "commuter parking", causing congestion. I will discuss your email with the appropriate taff to see if "tweeks" are in order. Best, Jaine Jaine Elkind Eney Supervisor Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Click here to sign up for Town Alerts & Notifications! -----Original Message ----- From: JANET SMITH <> Sent: Sunday, May 01, 2022 4:46 PM To: Eney, Jaine Elkind <> Subject: Residential Parking on N Chatsworth Dear Jaine, We moved to 86 N Chatsworth Ave in Larchmont 36 years ago this month. Like most young families we left the city to get away from the noise, the cars, the grit, and to give our growing family space to enjoy the outdoors. To us Larchmont was a beautiful community with lovely pieces of property and not the kind of traffic one finds in a city. Until recently, Larchmont has exceeded our dreams. In the last few months we feel like we're living back on E. 85th St. in NYC, having to pay attention to parking rules to move our car out of our driveway and park in front of our very own house for which we pay a lot of taxes. We also often find that our entire frontage is often filled with parked cars for a good part of the day because our neighbors can't park on their side of the street in front of their own houses. So they move their cars in front of our home. Now instead of seeing our beautifully maintained front yard, we see a row of cars lining our curb. Page 54 of 212 I understand the purpose of the new parking regulations, to avoid those skipping out on train station parking and parking on residential streets instead. But as a homeowner I find it extremely frustrating that we have to deal with the same parking rules just to park our own car in front of our own property, which I say again we pay a lot of taxes to own. And our curb has become even more congested with cars than it ever was when the train parking "creep" was a problem as the neighborhood is now restricted to where and when they can park. When I met with the town department discussing the new parking rules, I inquired as to whether local homeowners could have a pass to put on their windshield so that they could park in front of their own properties. I was told no. I still would like to make this recommendation as I am getting frustrated with the exercise of moving our car to the proper side of the the street, paying parking fines when we forget (how could we not after 36 years of free movement!?), and having our neighbors park in front of our house when they can't park in front of their own. I look forward to hearing from you with consideration to my request to be able to use our street side parking as we desire, and our taxes should enable us to do so. Regards, Janet Smith Sent from my iPhone Page 55 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Discussion - Westchester Power MOU ATTACHMENTS: 1. MSR Memo RE Westchester Power Revised MOU 2. 2022 Con Ed ESA Template 3. 2022_06 Westcheste_Power Con_Ed_MOU Page 56 of 212 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@Townofl\4amaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Westchester Power MOU Date: June 17, 2022 Sustainable Westchester is seeping our participation in a Memorandum of Understanding (MOU) regarding our participation in the Community Choice Aggregation Program and acceptance of the 2022 Electric Service Agreement. REQUESTED ACTION: Resolved that the Town Board hereby approves the MOU for Participation in the Westchester Power Contract for Communities in the Con Edison Service Territory and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry outs its implementation. Page 57 of 212 2022 Con Ed ESA Template 1 of 46 Electric Service Agreement Exhibit 1 to accompany the Memorandum of Understanding on Community Choice Aggregation between local government members of Sustainable Westchester, [SUPPLIER], and Sustainable Westchester [remainder of this page is left intentionally blank] Page 58 of 212 2022 Con Ed ESA Template 2 of 46 Contents RECITALS ELECTRIC SERVICE AGREEMENT ARTICLE 1 DEFINITIONS ARTICLE 2 RIGHTS GRANTED ARTICLE 3 CUSTOMER CHOICE, NOTIFICATION OF RIGHTS, ENROLLMENT ARTICLE 4 TERM OF CONTRACT AND TERMINATION ARTICLE 5 CONTINUING COVENANTS ARTICLE 6 ROLE OF THE MUNICIPALITY ARTICLE 7 ROLE OF PROGRAM MANAGER ARTICLE 8 PRICES AND SERVICES; BILLING ARTICLE 9 COMPLIANCE WITH THE PSC ORDERS ARTICLE 10 SERVICE PROTECTIONS FOR RESIDENTIAL CUSTOMERS ARTICLE 11 NON-DISCRIMINATION IN HIRING AND EMPLOYMENT ARTICLE 12 POWER SUPPLY INFORMATION AND ACCESS TO INFORMATION ARTICLE 13 RESOLUTION OF DISPUTES; CHOICE OF LAW AND FORUM ARTICLE 14 INDEMNIFICATION ARTICLE 15 REPRESENTATIONS AND WARRANTIES ARTICLE 16 INSURANCE ARTICLE 17 REGULATORY EVENT/NEW TAXES ARTICLE 18 MISCELLANEOUS ARTICLE 19 REMEDIES EXHIBIT A — PART 1 PRICES AND TERMS — STANDARD PRODUCT EXHIBIT A — PART 2 PRICES AND TERMS — l 00% RENEWABLE CLEAN POWER PRODUCT EXHIBIT A — PART 3 PRICES AND TERMS — STANDARD PRODUCT PLUS GREEN-E RECS EXHIBIT B - TEMPLATE KWH SALES AND CUSTOMER ACCOUNTS DATA SUMMARY EXHIBIT C - PAYMENT EXHIBIT D - DATA REQUIREMENTS EXHIBIT E - OPTION TO SUPPLY POWER 3 5 5 10 12 14 16 20 20 22 24 24 25 25 26 27 28 29 30 30 34 37 39 41 43 44 45 47 Page 59 of 212 2022 Con Ed ESA Template 3 of 46 RECITALS WHEREAS, Sustainable Westchester, Inc. sought approval of a demonstration community choice energy aggregation ("Community Choice") program in Westchester County in 2014, which would allow local governments to participate in a Sustainable Westchester program to procure energy supply from an Energy Services Company for the residents of the municipalities; WHEREAS, on February 26, 2015, the Public Service Commission of the State of New York approved implementation of the first Community Choice pilot program in New York State; WHEREAS, the PSC subsequently issued the order "Authorizing Framework for Community Choice Aggregation Opt -out Program" on April 21, 2016 (the "CCA Framework Order") enabling Community Choice throughout New York State; WHEREAS, the Westchester Community Choice Aggregation program (also known as Westchester Power) is intended to include residential and small non-residential customers, and to permit the aggregation of electric purchases by the communities which elect to participate; WHEREAS, the City/TownNillage of ("Municipality") has adopted a Local Law to participate in the Sustainable Westchester Community Choice Program ("Program") to aggregate customers located within the Municipality and to negotiate competitive rates for the supply of electricity for such customers; WHEREAS, the program allows Municipality to solicit competitive bids for the supply of electricity individually or as part of a buying group with other municipal aggregators; WHEREAS, Sustainable Westchester, Inc. has been authorized by the Municipality to act as Program Manager for a Community Choice Program, pursuant to Local Law and Memorandum of Understanding 202, issue a request for proposals ("RFP") to suppliers to provide energy to Participating Customers, and to award supply contracts; WHEREAS, the Program executed the first electric service contracts in 2016 (the "2016 ESA") with seventeen municipalities in the Con Edison utility territory, and signed a subsequent round of contracts in 2019 and 2021 (the "2021 ESA") increasing participation to twenty-four participating municipalities as of June 2022, and the latter round of contracts expire on June 30 , 2022; WHEREAS, [SUPPLIER], an entity duly authorized to conduct business in the State of New York as an energy service company ("ESCO") (the "Competitive Supplier"), desires to provide Full -Requirements Power Supply to customers located within the Municipality, pursuant to the terms and conditions of the Municipality's Program and this Electric Service Agreement ("ESA"); WHEREAS, the Municipality desires that the Competitive Supplier provide Firm Full - Requirements Power Supply and Consolidated Billing as an alternative to Default Service for customers within the Municipality; Page 60 of 212 2022 Con Ed ESA Template 4 of 46 WHEREAS, Competitive Supplier is willing to provide two distinct electric supply products and two corresponding pricing levels, (1) a Standard Product and price, and (2) a 100% Renewable Clean Power Product comprised of the Standard Product plus New York Voluntary Clean Power RECs and price as set out in Exhibit A herein; WHEREAS, Municipality has chosen the [Standard Product / 100% Renewable Clean Power Product] as the Default Product for Participating Customers; WHEREAS, Competitive Supplier agrees to pay a fee to Program Manager; WHEREAS, Municipality prefers for Competitive Supplier to collect and remit the fees due the Program Manager; WHEREAS, the local governments that participate in the Sustainable Westchester Community Choice Program, including this Municipality, intend that this Agreement be uniform in form and substance in each instance throughout the Program; and NOW THEREFORE, IT IS AGREED THAT, Municipality, Program Manager, and the Competitive Supplier hereby enter into this ESA subject to the terms and conditions below. Page 61 of 212 2022 Con Ed ESA Template 5 of 46 ELECTRIC SERVICE AGREEMENT ARTICLE 1 DEFINITIONS Capitalized terms that are used but not defined in the body of this ESA, including the Exhibits hereto, shall be defined as set forth in this Article 1. Words defined in this Article 1 that are capitalized shall be given their common and ordinary meanings when they appear without capitalization in the text. Words not defined herein shall be given their common and ordinary meanings. 1.0 Associated Entities — Any and all of the employees, officers, agents, representatives, and independent contractors and subcontractors of the Competitive Supplier or of any of its corporate parents or subsidiaries, which provide goods or services to, or in any way assist, the Competitive Supplier in meeting its obligations under the ESA, but specifically excluding the Distribution Utility. 1.1 Bankruptcy - With respect to a Party, (i) such Party ceases doing business as a going concern, generally does not pay its debts as they become due or admits in writing its inability to pay its debts as they become due, files a voluntary petition in bankruptcy or is adjudicated bankrupt or insolvent, or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal bankruptcy code or any other present or future applicable federal, state or other Governmental Rule, or seeks or consents to or acquiesces in the appointment of any trustee, receiver, custodian or liquidator of said Party or of all or any substantial part of its properties, or makes an assignment for the benefit of creditors, or said Party takes any corporate action to authorize or that is in contemplation of the actions set forth in this clause (i); or (ii) a proceeding is initiated against the Party seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal bankruptcy code or any other Governmental Rule and such proceeding is not dismissed within ninety (90) days after the commencement, or any trustee, receiver, custodian or liquidator of said Party or of all or any substantial part of its properties is appointed without the consent or acquiescence of said Party, and such appointment is not vacated or stayed on appeal or otherwise within ninety (90) days after the appointment, or, within ninety (90) days after the expiration of any such stay, has not been vacated, provided that, notwithstanding the foregoing, the exercise of rights to take over operation of a Party's assets, or to foreclose on any of a Party's assets, by a secured creditor of such Party (including the appointment of a receiver or other representative in connection with the exercise of such rights) shall not constitute a Bankruptcy. 1.2 CCA Orders — Collectively, the February 26, 2015 "Order Granting Petition in Part" issued by the PSC in Case 14-M-0564; the April 21, 2016 "Order Authorizing Framework for Community Choice Aggregation Opt -out Program" issued by the PSC in Case 14-M-0224 (the "CCA Framework Order"), which sets forth the requirements, terms, and conditions under which CCA programs can proceed through implementation; and the November 15, 2018 "Order Approving Renewal of the Sustainable Westchester Community Choice Aggregation Program" issued by the PSC in Case 14-M-0564, which reauthorizes the Sustainable Westchester CCA program under a Master Implementation Plan. Page 62 of 212 2022 Con Ed ESA Template 6 of 46 1.3 100% Renewable Clean Power Product - Firm Full -Requirements Power Supply matched with New York Voluntary Clean Power RECs (hydropower, solar energy or wind energy) as defined in, and subject to the Attribute delivery rules set forth in, the New York Generation Tracking System ("NYGATS") Operating Rules, supporting the Public Service Commission's Environmental Disclosure Program, as further described and defined in Exhibit A —Part 2. 1.4 Commercially Reasonable - Any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known, or which in the exercise of due diligence should have been known, at the time the decision was made, would have been expected in the industry to accomplish the desired result consistent with reliability, safety, expedition, project economics and applicable law and regulations, as defined in the Uniform Business Practices or without limitation in additional applicable law and regulations, provided that in no event shall increased costs or economic hardship be an excuse for not performing a Party's obligations under this ESA. 1.5 Community Choice — Municipal electricity procurement program, purchasing supply for the aggregated demand for all Participating Customers within the Municipality. 1.6 Competitive Supplier or Energy Services Company (` ESCO")— An entity duly authorized to conduct business in the State of New York as an ESCO. 1.7 Consolidated Billing - A billing option that provides Participating Customers with a single bill issued by the Distribution Utility combining delivery and supply charges from the Distribution Utility and Competitive Supplier respectively. 1.8 Default Product — The product selected by the Municipality for supply to its Participating Customers, unless they take action to select a different product or opt out. 1.9 Default Service — Supply service provided by the Distribution Utility to customers who are not currently receiving service from a Competitive Supplier. 1.10 Delivery Term - The period for which prices for Firm Full -Requirements Power Supply have been established, as set forth in Exhibit A. 1.11 Distribution Utility - Owner or controller of the means of distribution of the natural gas or electricity that is regulated by the Public Service Commission in the Municipality. 1.12 Electronic Data Interchange ("EDI") - The exchange of business data in a standardized format between business computer systems. 1.13 Effective Date - The date upon which this ESA has been executed by the Parties (to be determined by the later date, if the Parties execute on different dates). 1.14 Eligible Customers — Customers of electricity eligible to participate in the CCA Program, either on an Opt -out or Opt -in basis, as delineated in the CCA Framework Order. For Page 63 of 212 2022 Con Ed ESA Template 7 of 46 the avoidance of doubt, all Eligible Customers must reside or be otherwise located at one or more locations within the geographic boundaries of the Municipality and served by the Distribution Utility, as such boundaries exist on the Effective Date of this ESA. 1.15 ESA - This Electric Service Agreement. 1.16 Environmental Disclosure Label — The fuel mix purchased by an ESCO and the related emissions of those fuels compared to a statewide average, which is required to be reported under the DPS's Environmental Disclosure Program. 1.17 Federal Energy Regulatory Commission ("FERC") - The United States federal agency with jurisdiction over interstate electricity sales, wholesale electric rates, hydroelectric licensing, natural gas pricing, and oil pipeline rates. 1.18 Firm Full -Requirements Power Supply - The service under which the Competitive Supplier provides all of the electrical energy, capacity, reserves, and ancillary services, transmission services, transmission and distribution losses, congestion management, and other such services or products necessary to provide firm power supply at a fixed contract price including all those components regardless of changes in kWh usage or customer grouping during the contract term to Participating Customers at the Point of Sale. 1.19 Force Majeure - Any cause not within the reasonable control of the affected Party which precludes that party from carrying out, in whole or in part, its obligations under this ESA, including, but not limited to, Acts of God; winds; hurricanes; tornadoes; fires; epidemics; landslides; earthquakes; floods; other natural catastrophes; strikes, lock -outs or other industrial disturbances; acts of public enemies; acts, failures to act or orders of any kind of any governmental authorities acting in their regulatory or judicial capacity, provided, however, that any such discretionary acts, failures to act or orders of any kind by the Municipality may not be asserted as an event of Force Majeure by the Municipality; insurrections; military action; war, whether or not it is declared; sabotage; riots; civil or industrial disturbances or explosions. Nothing in this provision is intended to excuse any Party from performing due to any governmental act, failure to act, or order, where it was reasonably within such Party's power to prevent such act, failure to act, or order. Economic hardship of any Party shall not constitute an event of Force Majeure. 1.20 General Communications - The type of communications described and defined in Article 5.7 herein. 1.21 Governmental Authority - Any national, state or local government, independent system operator, regional transmission owner or operator, any political subdivision thereof or any other governmental, judicial, regulatory, public or statutory instrumentality, authority, body, agency, department, bureau, or entity, excluding the Municipality. 1.22 Governmental Rule - Any law, rule, regulation, ordinance, order, code, permit, interpretation, judgment, decree, or similar form of decision of any Governmental Authority having the effect and force of law. Page 64 of 212 2022 Con Ed ESA Template 8 of 46 1.23 kWh, kW - Kilowatt-hour and kilowatt, respectively. 1.24 Local Law — A local law or ordinance, adopted by Municipality according to General Municipal Law, which authorizes Municipality to join the Sustainable Westchester Community Choice Program. 1.25 Memorandum of Understanding 2022-06 — Binding agreement between Municipality and Program Manager authorizing Sustainable Westchester to administer the Program. 1.26 Newly Opt -Out Eligible Customers — Residential and small commercial customers of electricity that become Opt -out Eligible Customers after the Effective Date, including those that move into Municipality and those who complete or terminate other 3rd party supply contracts and have returned to Default Service, provided these customers have not previously opted out of the Program. 1.27 New Taxes - Any taxes not in effect as of the Effective Date enacted by a Governmental Authority or the Municipality, to be effective after the Effective Date with respect to Firm Full - Requirements Power Supply, or any Governmental Rule enacted and effective after the Effective Date resulting in application of any existing tax for the first time to Participating Customers. 1.28 Nominal Start Date — [Date], which is the date immediately preceding the Service Commencement Date. 1.29 NYISO - The New York Independent System Operator, or such successor or other entity which oversees the integrated dispatch of power plants in New York and the bulk transmission of electricity throughout the New York power grid. 1.30 Opt -out Eligible Customers - Eligible Customers that are eligible for Opt -out treatment as delineated in the CCA Framework Order. For the avoidance of doubt, Opt -out Eligible Customers shall not include customers that have previously opted -out of the Program. 1.31 Participating Customers - Eligible Customers enrolled in the Program, including Opt -out Eligible Customers who have been enrolled subsequent to the opt -out process and other customers who have been enrolled after opting in. 1.32 Parties - The Municipality, the Program Manager, and the Competitive Supplier, as the context requires. In the singular, "Party" shall refer to any one of the preceding. 1.33 Point of Delivery - The boundary of the Distribution Utility's electricity franchise, or the point at which the Competitive Supplier delivers the power to the Distribution Utility. 1.34 Point of Sale - The electric meter for each Participating Customer's account, as designated by the Distribution Utility, such that all line loss costs are included in Competitive Supplier price to bring power to the meter. Page 65 of 212 2022 Con Ed ESA Template 9 of 46 1.35 Program - Sustainable Westchester Community Choice Aggregation Program. 1.36 Program Manager — Sustainable Westchester, Inc., a non-profit organization comprised of multiple municipalities in Westchester County of which the Municipality is a member, authorized by PSC to put out for bid the total amount of electricity being purchased by Participating Customers. Program Manager is responsible for Program organization, administration, procurement, and communications, unless otherwise specified. 1.37 PSC or DPS - The New York State Public Service Commission or the New York State Department of Public Service acting as Staff on behalf of the PSC, or any successor state agency. 1.38 Qualifying Regulatory Event-- Implementation of a new, or changes to an existing, Governmental Rule by a Governmental Authority at any time after Competitive Supplier submits its bid response to the RFP associated with this ESA, including without limitation the Distribution Utility's tariffs, market rules, operating protocols and definitions, which have a material effect on the services and transactions contemplated by this ESA. A "change" as used herein includes without limitation any amendment, modification, nullification, suspension, repeal, finding of unconstitutionality or unlawfulness, or any change in construction or interpretation. To meet the threshold of being a Qualifying Regulatory Event, the impact of the event must impact the majority of customers in the same rate class, but not including a Regulatory Event that applies uniquely to Competitive Supplier. Notwithstanding anything to the contrary in this ESA or the RFP, any changes to the Purchase of Receivables (POR) approved by the PSC shall be deemed a Qualifying Regulatory Event hereunder. 1.39 Regulatory Event-- Implementation of a new, or changes to an existing, Governmental Rule by a Governmental Authority at any time after Competitive Supplier submits its bid response to the RFP associated with this ESA, including without limitation the Distribution Utility's tariffs, market rules, operating protocols and definitions, which have a material effect on the services and transactions contemplated by this ESA. A "change" as used herein includes without limitation any amendment, modification, nullification, suspension, repeal, finding of unconstitutionality or unlawfulness, or any change in construction or interpretation. 1.40 Retail Price - As set forth in Exhibit A. 1.41 Service Commencement Date - The date of the first meter read date for Participating Customers after the Nominal Start Date, or as soon as necessary arrangements can be made with the Distribution Utility thereafter. 1.42 Standard Product - Firm Full -Requirements Power Supply consisting of the standard generation mix, meeting the minimum Clean Energy Standard for electric power established by New York State. 1.43 Term - As defined in Article 4.1. Page 66 of 212 2022 Con Ed ESA Template 10 of 46 1.44 Uniform Business Practices — Regulations governing the business practices of utilities and Energy Services Companies with regards to service, billing, marketing, data, and customer rights, issued by the New York State Public Service Commission (Case 98-M-1343). ARTICLE 2 RIGHTS GRANTED 2.1 GENERAL DESCRIPTION AND LIMITATIONS Competitive Supplier is hereby granted the exclusive right to be the default provider of Firm Full -Requirements Power Supply to Participating Customers pursuant to the terms of this ESA. For the avoidance of doubt, Competitive Supplier shall be authorized to supply Firm Full - Requirements Power Supply only to Participating Customers enrolled in the plan or plans managed by the Program Manager, and the Distribution Utility will continue to have the right and obligation to supply electricity to Eligible Customers who opt -out of the Program and remain on, or return to, Default Service, until changes in law, regulation or policy may allow otherwise. In accordance with Article 3 below, all Opt -out Eligible Customers shall be automatically enrolled in the Program unless they choose to opt -out or have previously opted out of the Program. In the event the geographic boundaries of the Municipality change during the term of this ESA, Competitive Supplier shall only be obligated to supply Firm Full -Requirements Service to those Participating Customers located within the Municipality as such boundaries existed on the Effective Date of this ESA. As between the Parties, the Competitive Supplier has the sole obligation of making appropriate arrangements with the Distribution Utility, and any arrangements which may be necessary with the NYISO so that Participating Customers receive the electricity supplies to be delivered pursuant to this ESA. The Municipality shall specifically authorize the Distribution Utility to provide, and Competitive Supplier the right to obtain and utilize as required, all billing and energy consumption information for Participating Customers as is reasonably available from the Distribution Utility. The Distribution Utility Fees for the provision of this data shall be paid for by the Supplier. Competitive Supplier shall request consumption data for individual Participating Customers from the Distribution Utility via EDI. If further action is required by the Distribution Utility to authorize Competitive Supplier to receive such consumption and billing data, the Program Manager, on behalf of the Municipality agrees to use Commercially Reasonable efforts, at Competitive Supplier's cost, to assist Competitive Supplier, if so requested by it, in obtaining such information for Participating Customers, including, without limitation, assisting Competitive Supplier in obtaining permission from such Participating Customers and/or the PSC, where necessary as a prerequisite to the provision of such information. Competitive Supplier shall not be responsible for any errors that Competitive Supplier or any of its Associated Entities makes in the provision of Firm Full -Requirements Power Supply only to the extent both that: 1) such errors are caused by errors or omissions in the information provided to it by the Distribution Utility; and 2) it was reasonable for the Competitive Supplier to rely upon that provided information. The Municipality shall not be responsible for any such errors by the Competitive Supplier in any event. 2.2 NO THIRD PARTY BENEFICIARIES Page 67 of 212 2022 Con Ed ESA Template 11 of 46 Except as specifically provided in Section 18.11, this ESA does not and is not intended to confer any rights or remedies upon any person other than the Parties. This ESA facilitates rights under the CCA Orders and Local Law for Eligible Customers to purchase electricity from the Competitive Supplier in accordance with this ESA. The Municipality, or Program Manager in support of the Municipality, has the right, but not the obligation, to advocate on behalf of the Eligible Customers interested in contracting for electric supply and on behalf of all Participating Customers, unless otherwise prevented by law. 2.3 COMPLIANCE WITH LAWS The Municipality represents that the Local Law has been duly adopted. Competitive Supplier specifically represents that it has exercised due diligence to review and has fully complied with all relevant regulations, requirements, and orders of the FERC, NYISO, and PSC. 2.4 CONDITIONS PRECEDENT The Municipality's obligations under this ESA shall be conditioned upon the Competitive Supplier fulfilling the following requirements: a) maintain Competitive Supplier's license from PSC (as such term is defined in the Local Distribution Utility's Terms and Conditions for Competitive Suppliers); b) execute any appropriate NYISO applications and agreements; c) obtain authorization from the FERC to sell power at market -based rates; d) complete EDI testing with Distribution Utility; e) provide all other documentation required by the Distribution Utility; and f) satisfying all insurance requirements set forth in Article 16 or elsewhere in this ESA. If Competitive Supplier has not fulfilled all such requirements fourteen days prior to the Nominal Start Date, then the Municipality may terminate this ESA without any liability from Municipality to the Competitive Supplier. 2.5 OWNERSHIP AND USE OF ELIGIBLE CUSTOMER DATA Competitive Supplier acknowledges that: 1) all Eligible Customer data (including addresses, telephone numbers or other identifying information) made available to Competitive Supplier as an agent of Municipality for such data must be protected by the Competitive Supplier and its Associated Entities to the fullest extent possible under the law; 2) the Competitive Supplier does not hold any permanent right, title or interest in this data; and 3) this data is to be obtained, retained and used by the Competitive Supplier and its Associated Entities solely to provide Firm Full -Requirements Power Supply to Participating Customers and to render other services expressly required or permitted under this ESA. Any other use of Eligible Customer data without the prior written consent of the Municipality is strictly prohibited. Competitive Supplier may share such Eligible Customer data with third -party vendors as reasonably necessary to Page 68 of 212 2022 Con Ed ESA Template 12 of 46 accommodate Competitive Supplier's provision of Firm Full -Requirements Power Supply or other perforinance pursuant to this ESA (including, without limitation, collection of receivables or enhancement of data exchange between the Parties), provided that Competitive Supplier will take reasonable measures to secure the confidential nature of such data and the restrictions set forth in this Article 2.5 and elsewhere in this ESA, and that any vendor or subcontractor is also bound by the terms and conditions of this ESA, especially those regarding data confidentiality and prohibition on non -permitted uses of data through a signed non -disclosure agreement, a copy of which will be provided to the Municipality. Except as expressly provided in this ESA, and as otherwise permitted by law, Competitive Supplier and its Associated Entities shall not disclose any Eligible Customer data to any third -party and Competitive Supplier and its Associated Entities shall take all Commercially Reasonable measures to protect Eligible Customer data from access by, or beneficial use for, any third -party. To the extent that the provision of Firm Full - Requirements Power Supply or other services under this ESA requires that Competitive Supplier and its Associated Entities have access to or make use of any Eligible Customer data, Competitive Supplier and its Associated Entities shall treat such Eligible Customer data as confidential information. Competitive Supplier may use Eligible Customer data to engage in direct marketing only during the term of this ESA and subject to the terms set forth in Article 18.2. A violation of this Article 2.5 shall be grounds for termination under Article 4.2(a). Competitive Supplier agrees violation of this Article 2.5 shall constitute irreparable harm. ARTICLE 3 CUSTOMER CHOICE, NOTIFICATION OF RIGHTS, ENROLLMENT 3.1 CUSTOMER CHOICE The Parties acknowledge and agree that all Participating Customers have the right, pursuant to CCA Orders, Local Law, and the Program, to change their source or product of electricity supply, as set forth in Article 2.1. The Parties represent and warrant to each other that they shall not interfere with the right of Participating Customers to opt -out of the Program, and shall comply with any rules, regulations or policies of PSC, the Distribution Utility and/or other lawful Governmental Authority regarding the procedures for opting out or of switching from one source of electric supply to another. Not inconsistent with the above, however, the Parties may take Commercially Reasonable measures to encourage Participating Customers to affirmatively agree to remain in the Program, consistent with any Governmental Rules. 3.2 NOTIFICATION TO NEWLY OPT -OUT ELIGIBLE CUSTOMERS OF OPT -OUT RIGHTS Consistent with the requirements of any applicable Governmental Rules, and within a reasonable time after the Distribution Utility notifies Competitive Supplier of the existence of a Newly Opt - out Eligible Customer and has provided to Competitive Supplier such Newly Opt -out Eligible Customer's account number, service and billing address, and other pertinent contact information, Competitive Supplier shall notify such Newly Opt -out Eligible Customer (i) of the date on which such Newly Opt -out Eligible Customer will be automatically enrolled in the Program, and (ii) that the Competitive Supplier will be providing Firm Full -Requirements Power Supply to such Newly Opt -out Eligible Customer as of the same date, subject to the opt -out provisions of the PSC Orders, Local Law, and the Program ("Opt -Out Notice"). The Opt -Out Notice shall be Page 69 of 212 2022 Con Ed ESA Template 13 of 46 mailed to each such Newly Opt -out Eligible Customer prior to the date of automatic enrollment and shall: (i) prominently state all charges to be assessed by the Competitive Supplier; (ii) at a minimum, provide a summary of the prices and terms included in Exhibit A; (iii) state how such Newly Opt -out Eligible Customer may opt -out of the Program prior to enrollment and remain on Default Service from the Distribution Utility; and (iv) state how all Participating Customers, subsequent to enrollment, will also have the right to opt -out at any time and return to Default Service or choose a new Competitive Supplier without paying a fee or penalty to Competitive Supplier. All such notices must be approved in advance by the Municipality. In providing the notifications set forth in this Article 3.2, and in otherwise conducting the activities in Article 3.4 below, the Competitive Supplier must rely upon information provided to it by the Distribution Utility for the purpose of performing its obligations. Competitive Supplier will not be responsible for any errors in connection with notification of Eligible Customers only to the extent both that: 1) such errors are caused by errors or omissions in the information provided to it by the Distribution Utility; and 2) it was reasonable for the Competitive Supplier to rely upon that provided information. The Municipality shall not be responsible for any such errors by the Competitive Supplier in any event. 3.3 CUSTOMER AWARENESS Upon mutual agreement concerning the content and method, either the Competitive Supplier, Municipality, or Program Manager may conduct customer awareness efforts at its sole expense. 3.4 ENROLLMENT 3.4.1 Participating Customers —All Opt -out Eligible Customers as of the Effective Date will be enrolled in the Program, thus becoming Participating Customers, under the terms of this ESA unless they opt -out during the 30-day period specified in the PSC Orders. Participating Customers may disenroll from the Program at any time thereafter with no fee or penalty. The Municipality shall authorize the Distribution Utility to provide to Competitive Supplier or to an alternative designee of the Program Manager who has agreed in writing to a non -disclosure agreement, a copy of which will be provided to the Municipality, a list of Participating Customers as of the Effective Date, as well as such Participating Customer's service and billing addresses, and any other information necessary for Competitive Supplier to commence Firm Full -Requirements Power Supply to such Participating Customers as of the Service Commencement Date. 3.4.2 Newly Opt -out Eligible Customers - If Newly Opt -out Eligible Customers elect not to opt - out of the Program as provided in Article 3.2, such Newly Opt -out Eligible Customers will be automatically enrolled by Competitive Supplier in the Program. These Newly Opt -out Eligible Customers electing not to opt out of the Program as provided in Article 3.2 shall be enrolled in the Program at a price as defined in Exhibit A. For the avoidance of doubt, Participating Customers that have opted into the Program shall also be enrolled in the Program at a price as defined in Exhibit A. Competitive Supplier shall enroll such Newly Opt -out Eligible Customers and opt -in customers in accordance with applicable PSC and Distribution Utility rules. The Parties agree and acknowledge that on or about the customer meter read dates each [DATE] and [DATE] during the term of this ESA, Competitive Supplier shall perform a refresh or new customer sweep to create a list of Newly Opt -Out Eligible Customers. As a result of any such refresh or sweep performed, Newly Opt -Out Eligible Customers will be automatically enrolled in the Program unless a customer opts out of the Program; provided, however, that no refresh, Page 70 of 212 2022 Con Ed ESA Template 14 of 46 sweep or enrollment of such Newly Opt -Out Eligible Customers that are part of any refresh or sweep shall occur less than four (4) months prior to the End Date or in the event of termination of this ESA. Competitive Supplier may perform a refresh and enroll Newly Opt -out Eligible Customers outside of the October and March periods if mutually agreed to by all the Parties hereunder. 3.4.3 Eligible Customers Who Have Previously Opted Out - At any time during this ESA, Eligible Customers who have previously opted out of the Program may request that they be enrolled or re -enrolled in the Program. Competitive Supplier shall provide Firm Full - Requirements Power Supply to such Eligible Customers at a price as set forth in Exhibit A. Following mutually agreed upon procedures, the Competitive Supplier is responsible for accurately and promptly transmitting information regarding Eligible Customers, to the Distribution Utility. The Competitive Supplier shall be responsible for enrolling all Eligible Customers through EDI transactions submitted to the Distribution Utility for initial enrollment in the aggregation and all enrollments thereafter. 3.4.4 Customers Served by Third -Parties - Customers being served under other competitive supply programs offered by third -parties will not be automatically enrolled as Participating Customers under this ESA until such program terminates or is otherwise completed. Competitive Supplier agrees that customers under such third -party competitive supply programs may affirmatively opt -in at any time and receive Firm Full -Requirements Power Supply, thereby becoming Participating Customers. Competitive Supplier further agrees that customers being served under other competitive supply programs that terminate or are otherwise completed become Newly Opt -out Eligible Customers and may be automatically enrolled as Participating Customers under the CCA Orders in accordance with Section 3.2 above. Eligible Customers who opt -in as provided in this Article 3.4.4 or who enroll following the termination or completion of another competitive supply program offered by a third party shall be enrolled in the Program at the rates reflected in Exhibit A. 3.4.5 Termination Fees. There shall be no termination fees for any residential, small commercial, or municipal Participating Customers to disenroll from the Program. ARTICLE 4 TERM OF CONTRACT AND TERMINATION 4.1 TERM This ESA shall commence on the Effective Date; provided, however, that Competitive Supplier's obligation to provide Firm Full -Requirements Power Supply shall commence on the Service Commencement Date, and shall terminate as delineated in Exhibit A, unless this ESA is terminated earlier under Article 4.2 below ("Term"). Page 71 of 212 2022 Con Ed ESA Template 15 of 46 4.2 TERMINATION This ESA may be terminated at any time upon written notice: a) by the Municipality, or the Competitive Supplier, if the other Party fails to remedy or cure any breach of any material provision or condition of this ESA (including, but not limited to, Article 2.5 and Article 9), but excluding the failure to provide or arrange for Firm Full - Requirements Power Supply, which is addressed in Article 4.2(f), within sixty (60) days following written notice to do so by the non -breaching party; or b) by the Municipality, or the Competitive Supplier, if any material provision or condition of this ESA be finally adjudged invalid by any court of competent jurisdiction, or if PSC exercises any lawful jurisdiction so as to invalidate or disapprove this ESA in whole or in significant part; or c) by the Municipality, if a Regulatory Event that is not a Qualifying Regulatory Event affects the Competitive Supplier and Competitive Supplier incurs costs and chooses to allocate and collect excess costs from Participating Customers; or d) by the Municipality, if a court, PSC or other lawful authority adjudicates contrary to Article 6; or e) by the Municipality, i) if an order is entered against the Competitive Supplier approving a petition for an arrangement, liquidation, dissolution or similar relief relating to Bankruptcy or insolvency and such order remains unvacated for thirty (30) days; or (ii) immediately if the Competitive Supplier shall file a voluntary petition in Bankruptcy or any petition or answer seeking any arrangement, liquidation or dissolution relating to Bankruptcy, insolvency or other relief for debtors or shall seek, consent to, or acquiesce in appointment of any trustee, receiver, or liquidation of any of Competitive Supplier's property; or f) notwithstanding the foregoing, the failure of Competitive Supplier to provide or arrange for Firm Full -Requirements Power Supply to Participating Customers, in the absence of Force Majeure or the Municipality's failure to perform, shall constitute an act of default, and the Municipality may terminate this ESA upon giving written notice and without a cure period. In the event the Competitive Supplier has performed its obligations hereunder and its failure to arrange for or provide Firm Full -Requirements Power Supply is a direct result of actions or non - actions by any transmission service provider, the Distribution Utility, or the NYISO, the Competitive Supplier's failure shall not be deemed to be an act of immediate default and would be subject to remedy or cure as provided in Article 4.2(a). 4.3 OBLIGATIONS UPON TERMINATION Following termination of this ESA, the Parties shall each discharge by performance all obligations due to any other Party that arose up to the date of termination of the ESA and Competitive Supplier shall continue to have the right to collect all monies due for services rendered to that date. Upon termination of this ESA, Competitive Supplier shall have all Participating Customers switched back to obtaining supply from the Distribution Utility by submitting drop requests of all Participating Customers via EDI to the Distribution Utility in a form acceptable to the Distribution Utility. Competitive Supplier shall provide written notice to Program Manager at Page 72 of 212 2022 Con Ed ESA Template 16 of 46 least sixty (60) days prior to submitting any such Participating Customer drop requests in accordance with Section 4.3, which notice shall include the timing of submission of such requests to the Distribution Utility, that Competitive Supplier intends to be executed before or in anticipation of the termination of this ESA; provided, however, that Competitive Supplier's notice obligation shall not apply to any Participating Customer drop that is initiated by a Participating Customer. 4.4 EXTENSION The ESA may be extended beyond the termination date established in Article 4.1 by mutual, written agreement of the Parties. Any new pricing terms shall be added to and replace Exhibit A as Exhibit A Extension. Upon any such extension, this ESA shall continue to be in effect, and all provisions of the ESA shall retain the same force and effect as before the extension, unless it is terminated by any Party pursuant to the provisions of Article 4.2 or until the date stated in such extension. ARTICLE 5 CONTINUING COVENANTS The Competitive Supplier agrees and covenants to perform each of the following obligations during the term of this ESA. 5.1 STANDARDS OF MANAGEMENT AND OPERATIONS In performing its obligations hereunder, during the term of this ESA, the Competitive Supplier shall exercise reasonable care to assure that its facilities are prudently and efficiently managed; that it employs an adequate number of competently trained and experienced personnel to carry out its responsibilities; that it delivers or arranges to deliver an uninterrupted supply of such amounts of electricity to the Point of Delivery as are required under this ESA; that it complies with all relevant industry standards and practices for the supply of electricity to Participating Customers; and that, at all times with respect to Participating Customers, it exercises good practice for a Competitive Supplier and employs all Commercially Reasonable skills, systems and methods available. 5.2 CUSTOMER SERVICE ACCESS The Competitive Supplier agrees to provide, or cause to be provided, certain customer services to Participating Customers. Such services shall be reasonably accessible to all Participating Customers, shall be available during normal working hours, shall allow Participating Customers to transact business they may have with the Competitive Supplier, and shall serve as a communications liaison among the Competitive Supplier, the Municipality, and the Distribution Utility. A toll -free telephone number will be established by Competitive Supplier and be available for Participating Customers to contact Competitive Supplier during normal business hours (9:00 A.M.- 5:00 P.M. Eastern Time, Monday through Friday) to resolve concerns, answer questions and transact business with respect to the service received from Competitive Supplier. To the extent practicable, the Municipality will post program -related information on the Page 73 of 212 2022 Con Ed ESA Template 17 of 46 Municipality's website which will be available to Participating Customers for general information, comparative pricing, product, and service information, and other purposes. 5.3 RESPONDING TO REQUESTS FOR INFORMATION To the extent authorized by the Participating Customer(s) and to the extent such individual permission is required by law, the Competitive Supplier shall, during normal business hours (as set forth above), respond promptly and without charge therefore to reasonable requests of the Municipality for information or explanation regarding the matters covered by this ESA and the supply of electricity to Participating Customers. Competitive Supplier agrees to designate a service representative or representatives (the "Service Contacts") who shall be available for these purposes, and shall identify the office address and telephone number of such representative(s). Whenever necessary to comply with this Article 5.3, the Service Contacts shall call upon other employees or agents of the Competitive Supplier to obtain such information or explanation as may be reasonably requested. Nothing in this Article 5.3 shall be interpreted as limiting the obligation of the Competitive Supplier to respond to complaints or inquiries from Participating Customers, or to comply with any regulation of PSC regarding customer service. 5.4 ARRANGING FOR FIRM FULL -REQUIREMENTS POWER SUPPLY Competitive Supplier shall participate in or make appropriate arrangements with NYISO, any relevant regional transmission organization, wholesale suppliers or any other entity to ensure an uninterrupted flow of Firm Full -Requirements Power Supply to the Distribution Utility for delivery to Participating Customers, and exercise all Commercially Reasonable efforts to cooperate with NYISO or any other entity to ensure a source of back-up power in the event that Competitive Supplier is unable to deliver Firm Full -Requirements Power Supply to the Point of Delivery. In the event the Competitive Supplier is unable to deliver sufficient electricity to the grid to serve Participating Customers, the Competitive Supplier shall utilize such arrangements and exercise all Commercially Reasonable efforts as may be necessary to continue to serve Participating Customers under the terms of this ESA, and shall bear any costs it may incur in carrying out these efforts and obligations. Competitive Supplier shall not be responsible to the Municipality or any Participating Customers in the event that, through no fault of the Competitive Supplier or its Associated Entities, the Distribution Utility disconnects, curtails or reduces service to Participating Customers (notwithstanding whether such disconnection is directed by NYISO). 5.5 NON-DISCRIMINATORY PROVISION OF SERVICE Competitive Supplier shall supply electric energy to the Point of Delivery to all Participating Customers on a non-discriminatory basis; provided, however, that those prices and other terms may vary in accordance with reasonably established rate classifications (e.g., residential and small commercial as defined by the Distribution Utility) or by such other categories as appear in Exhibit A. To the extent applicable, Competitive Supplier's prices, terms and conditions shall be in accordance with the New York General Laws, the regulations of PSC, and other applicable provision of law. To the extent required by law and/or the conditions of any PSC approval of this ESA, the Competitive Supplier may not deny service to an Eligible or Participating Customer for Page 74 of 212 2022 Con Ed ESA Template 18 of 46 failure to pay the bills of any other electric company (whether engaged in the distribution, transmission, or generation of electricity) or of any other aggregator, marketer or broker of electricity, but may reasonably deny or condition new service, or terminate existing service, based upon any Participating Customer's failure to pay bills from the Competitive Supplier, subject to any provisions of law or applicable PSC orders or regulations. Provision of electric energy supply shall be subject to Competitive Supplier's Standard Credit Policy, to the extent permitted by law, as described in Exhibit A. 5.6 APPROVAL OF GENERAL COMMUNICATIONS Competitive Supplier shall cooperate with the Municipality in the drafting and sending of messages and information to Eligible or Participating Customers concerning the Program or any matter arising under or related to this ESA. Competitive Supplier shall, prior to sending, whether directly or through its Associated Entities, any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, "General Communications") to Eligible or Participating Customers (but excluding individually drafted or tailored communications responding to the specific complaint or circumstance of an individual customer), provide a copy of such General Communication to the Municipality and to Program Manager for its review to determine whether it is consistent with the purposes and goals of the Municipality and Program Manager. The Municipality or Program Manager shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Municipality, factually inaccurate or likely to mislead; provided, however: (i) that the communication shall be deemed approved if the Municipality and Program Manager fails to respond within seven (7) calendar days (not including weekends and holidays); and (ii) that no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; or (b) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) above shall require approval. If the Municipality objects to any General Communication on the grounds it is inconsistent with the purposes and goals of the Municipality, the Competitive Supplier, after consultation as provided in this Article 5.6, may nevertheless elect to send such General Communication provided that it: (1) clearly indicates on such communication that it has not been endorsed by the Municipality, and (ii) has previously provided all Participating Customers a meaningful chance to opt not to receive such General Communications. The Municipality may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Municipality, provided, however, any such right of rejection or exclusion shall not apply to Completive Supplier's notice to exercise or enforce its rights under the ESA or Customer Agreement, including but not limited to any notice of Force Majeure or Change in Law. 5.7 COMMUNICATION OF INSERTS AND MESSAGES Competitive Supplier shall, at its expense, print and mail one letter or postcard per year to all active Participating Customers, the design of which shall be determined by the Municipality or Program Manager. Page 75 of 212 2022 Con Ed ESA Template 19 of 46 In addition, Competitive Supplier agrees that if it communicates with Participating Customers directly, and unless prevented for regulatory or other such reasons from doing so, it shall allow the Municipality or Program Manager to include no less than three (3) inserts per year into such communications, provided that the Program Manager or Municipality, where appropriate pays the cost of printing and reproducing such insert and any incremental postage or handling costs the Competitive Supplier may incur as a result of including such insert. Competitive Supplier shall have the right to disapprove such General Communications (that is communications other than those pertaining to the Municipality's demand -side management, energy efficiency programs and technology, and renewable energy programs, if applicable) and suggest revisions if it finds the communication inconsistent with its business interests, factually inaccurate or likely to mislead; provided, however: (i) that the communication shall be deemed approved if the Competitive Supplier fails to respond within seven (7) calendar days after receipt (not including weekends and holidays); and (ii) that no approval shall be necessary for any communication which has been ordered by PSC or any other Governmental Authority to be so communicated. Competitive Supplier shall notify Program Manager at least two (2) weeks before a direct communication to Participating Customers is to be mailed. Program Manager shall provide Program General Communications insert file within seven (7) calendar days of receiving such notice. Competitive Supplier agrees to allow and facilitate the Program Manager to utilize the supplier messages area of the bill for Program communications; provided, however, Program Manager shall provide a written request to Competitive Supplier of not less than fourteen (14) days, which requests details the message to be included on the bill, and any such message shall be subject to Competitive Supplier's approval, such approval not to be unreasonably withheld. 5.8 PARTICIPATING CUSTOMER LISTS To the extent not prohibited by any Governmental Rule or expressly by any Participating Customer(s), the Competitive Supplier shall, upon request of the Municipality or of Program Manager, provide aggregate consumption information as the Municipality or Program Manager may request to the extent such information is available to Competitive Supplier. Competitive Supplier shall provide Participating Customer lists in an electronic format, secure transfer mode, frequency and format as set out in Exhibit D, subject to non -disclosure agreement for customers who have not requested that their personal information be denied to Program Manager or to Municipality. 5.9 COMPLIANCE WITH LAWS The Parties shall promptly and fully comply with all existing and future Governmental Rules of all Governmental Authorities having jurisdiction over the activities covered by this ESA. 5.10 CONSENT Whenever performance of an obligation of any Party hereto requires the consent or approval of any Governmental Authority, such Party shall make Commercially Reasonable efforts to obtain Page 76 of 212 2022 Con Ed ESA Template 20 of 46 such consent or approval. In the event the Competitive Supplier requests the Municipality's assistance in obtaining such consent or approval and the Municipality anticipates that it will incur costs in fulfilling the Competitive Supplier's request, it shall give the Competitive Supplier an estimate of such costs. Upon receiving the estimate, Competitive Supplier shall determine whether it will continue to request the Municipality's assistance, and if so, the Competitive Supplier shall reimburse the Municipality for all costs, up to the estimated dollar amount, reasonably incurred by the Municipality in connection with such efforts. ARTICLE 6 ROLE OF THE MUNICIPALITY Under this ESA, the Municipality shall not actually receive, take title to, or be liable for the supply or delivery of Firm Full -Requirements Power Supply in any manner whatsoever. The Parties specifically agree that the role of the Municipality is established under the PSC Orders and Local Law and may include negotiating the terms and conditions under which Firm Full - Requirements Power Supply will be provided by the Competitive Supplier under this ESA. It is the sole obligation of the Competitive Supplier to arrange for delivery of Firm Full - Requirements Power Supply to Participating Customers. The Parties agree that, with regards to electricity, Municipality is not a "public utility company" or providing any "public utility service" within the meaning of GML 360 and Article 4 of Public Service Law as a result of this ESA. Should a court, PSC, or other lawful authority adjudicate to the contrary, the provisions of 4.2 a) shall apply. However, the Municipality may be considered to be operating a municipal load aggregation plan pursuant to the PSC Orders and Local Law. The Competitive Supplier hereby agrees that it will take no action, whether directly or through its Associated Entities, that would make the Municipality liable to any Participating Customer due to any act or failure to act on the part of the Competitive Supplier or its Associated Entities relating to the delivery or supply of Firm Full -Requirements Power Supply. Municipality may conduct outreach to the community in addition to the initial program notification letter, which will be delivered at the Competitive Supplier's expense, with a Business Reply Mail insert to allow Eligible Customer to opt out without postage expense. Municipality will report on their endeavors to Program Manager to inform residents on the Program and "non -demand charge" commercial businesses. In case of any doubt, Municipality shall retain final control of content related to all communications. ARTICLE 7 ROLE OF PROGRAM MANAGER 7.1 PROGRAM MANAGER DUTIES Sustainable Westchester Inc, as Program Manager, agrees to: a. Provide the involved agencies and parties, such as but not limited to the PSC or Distribution Utility, requested information about and documentation of the actions undertaken by the Municipality in furtherance of enabling participation in the Program; b. Prepare, or cause to be prepared, and provide the Municipality with requested and non - confidential information that the involved agencies and parties, such as but not limited to the PSC or Distribution Utility, provide to the Program Manager in furtherance of establishing the Program; Page 77 of 212 2022 Con Ed ESA Template 21 of 46 c. Upon execution hereof, initiate all the necessary steps to secure the needed information to fulfill the customer notification requirements of the PSC Orders, including but not limited to the following: Agreeing to protect that information consistent with the discussion in the body of this Order, and shall submit their agreement to Department of Public Service Staff at the time the letter certifying authorization discussed in the body of this Order is submitted. In addition, Program Manager will file any Requests for Proposals, or Requests for Information, and similar documents, as well as any contracts entered into for energy supply, at the time they are issued. d. Sign the ESA in a timely fashion including the conditions that the Competitive Supplier is verified to be a qualified electricity supplier by the NYISO in the Distribution Utility's service territory and the Competitive Supplier's response to the Energy Procurement Request for Proposals is deemed compliant with the terms and conditions set forth in the ESA; e. Provide the Municipality with timely communications content to implement customer notification requirements for approval, not to be unreasonably withheld, given the projected schedule of Program's implementation; f. Fulfill any other responsibilities as may reasonably adhere to facilitating the implementation of the Program, subject to the Program Manager's inherent and original role as an organization driven by the deliberated priorities of its constituent member municipalities; and g. Fulfill any other responsibilities as set forth in this agreement herein. 7.2 PROGRAM MANAGER FEE Competitive Supplier shall pay Program Manager $0.001 for each kWh delivered, invoiced and paid for by Participating Customers during the Term ("Program Manager Fee" or "Fee"). The Parties agree that Competitive Supplier will remit the Program Manager Fee to the Program Manager, pursuant to the terms of this ESA. Competitive Supplier shall pass through such payments to Sustainable Westchester, Inc. for the duration of this ESA. This provision shall be binding upon the Parties and all permitted assigns and other successors -in -interest of the Parties. 7.3 PAYMENT OF FEE Payment to Program Manager will be made monthly by Automated Clearing House ("ACH") (an electronic network for financial transactions) to the account set forth in Exhibit C hereto, provided that Competitive Supplier has received payment with respect to the electricity used by the Participating Customers. The Program Manager Fee shall be paid by the last business day of the month based on revenue collected by Competitive Supplier with respect to each Participating Customer during the calendar month two months prior. For example, full payments received in January will be paid by the end of March. If Competitive Supplier has paid a past Fee in error (or the payment was based on information subsequently determined invalid), it may deduct from or add to future payments due under this ESA and provide explanation of the error in sufficient detail. Page 78 of 212 2022 Con Ed ESA Template 22 of 46 Program Manager shall provide the Municipality with a reasonably detailed accounting not less than annually of the program impact, financial and other, including revenues received and expenses incurred on communication, administration and legal expenses. 7.4 INDEPENDENT CONTRACTOR The Parties agree that Program Manager is not an agent or employee of Competitive Supplier for any purpose. All expenses which are incurred by Program Manager in connection with this ESA shall be borne wholly and completely by Program Manager. Program Manager shall be responsible for all state, federal, and local taxes, including estimated taxes and social security and employment reporting for Program Manager or any employees or agents of Program Manager. 7.5 AUCTION SERVICE FEE Competitive Supplier shall pay the auction service company, Transparent Energy ("Auction Service Company"), $0.00015 for each kWh delivered, invoiced and paid for by Participating Customers during the Term ("Auction Service Fee"). The Parties agree that Competitive Supplier will remit the Auction Service Fee to the Program Manager for the duration of this ESA. This provision shall be binding upon the Parties and all permitted assigns and other successors -in -interest of the Parties. Payment to the Auction Service Company shall be made monthly by ACH to the account indicated by the Auction Service Company, provided that Competitive Supplier has received payment with respect to the electricity used by the Participating Customers. The Auction Service Fee shall be paid by the last business day of the month based on revenue collected by Competitive Supplier with respect to each Participating Customer during the calendar month prior. For example, for full payments received from Participating Customers in January the Auction Service Fee associated with those payments will be paid by the end of March. If Competitive Supplier has paid a past Auction Service Fee in error (or the payment was based on information subsequently determined invalid), it may deduct from or add to future payments due to the Auction Service Company and provide a sufficiently detailed explanation of the error. ARTICLE 8 PRICES AND SERVICES; BILLING 8.1 SCHEDULE OF PRICES AND TERMS Competitive Supplier agrees to provide Firm Full -Requirements Power Supply and other related services as expressly set forth herein in accordance with the prices and terms included in Exhibit A to this ESA, which Exhibit is hereby incorporated by reference into this ESA. 8.2 OBLIGATION TO SERVE As between the Parties, Competitive Supplier has the sole obligation to obtain sources of supply, whether from generating facilities owned or controlled by its affiliates, through bilateral transactions, or the market, as may be necessary to provide Firm Full -Requirements Power Supply for all of the Participating Customers under the Program. Competitive Supplier, except as Page 79 of 212 2022 Con Ed ESA Template 23 of 46 explicitly limited by the terms included in Exhibit A, shall be obligated to accept all Participating Customers, regardless of their location or energy needs provided such Participating Customers are eligible under the applicable regulations and tariffs of the Distribution Utility. 8.3 METERING The Distribution Utility will be responsible for any metering which may be required to bill Participating Customers in accordance with the Distribution Utility's Terms and Conditions for Competitive Suppliers. 8.4 TERMS AND CONDITIONS PERTAINING TO INDIVIDUAL ACCOUNT SERVICE 8.4.1 Title Title to Firm Full -Requirements Power Supply will transfer from Competitive Supplier to Participating Customers at the Point of Sale. In accordance with the Distribution Utility's Terms and Conditions for Competitive Suppliers, the Competitive Supplier will be responsible for any and all losses incurred on the local network transmission systems and distribution systems, as determined by the Distribution Utility. 8.4.2 Billing and Payment Unless otherwise specified in an Exhibit to this ESA, all billing under this ESA shall be based on the meter readings of each Participating Customer's meter(s) performed by the Distribution Utility. Competitive Supplier shall cause the Distribution Utility to prepare and mail bills to Participating Customers monthly. The Competitive Supplier shall adopt the billing and payment terms offered by the Distribution Utility to its Eligible Customers on Default Service. If actual meter date is unavailable, the Competitive Supplier may cause the Distribution Utility to bill based on its good faith estimates of usage. Any overcharge or under -charge will be accounted for in the next billing period for which actual meter data is available. 8.4.3 Regional and Local Transmission The prices quoted in Exhibit A do not include current and future charges for distribution service costs collected by the Distribution Utility under its distribution service tariff or local transmission costs as may be imposed by NYISO or individual electric utilities that have FERC transmission tariffs. The Competitive Supplier understands that these costs will be collected by the Distribution Utility. If, in the future, Competitive Supplier becomes responsible for such distribution or transmission costs, Competitive Supplier shall be entitled to collect such costs from Participating Customers to the extent permitted by any Governmental Rules. These costs are "pass through" costs as determined by the appropriate regulatory agencies. 8.4.4 Taxes All sales, gross receipts, excise or similar taxes imposed with respect to the sale or consumption of Film Full -Requirements Power Supply required to be collected by the Competitive Supplier Page 80 of 212 2022 Con Ed ESA Template 24 of 46 shall be included on the Participating Customer's bill and shall be remitted to the appropriate taxing authority by Competitive Supplier. For avoidance of doubt, it is understood that the Competitive Supplier shall include gross receipts tax in its preparation of Participating Customers' bills. Participating Customers shall be responsible for all taxes that are customarily imposed upon a purchaser of electricity and are associated with electricity consumption under the ESA. Participating Customers shall be responsible for identifying and requesting any exemption from the collection of any tax by providing appropriate documentation to Competitive Supplier. For avoidance of doubt, Competitive Supplier shall be responsible for all taxes imposed upon it as a supplier of electricity, including taxes on Competitive Supplier's income. ARTICLE 9 COMPLIANCE WITH THE PSC ORDERS Competitive Supplier agrees that it, and its Associated Entities directly or indirectly involved in providing services or meeting the Competitive Supplier's obligations under the ESA, will comply with the applicable provisions of the PSC Orders and any regulations, orders or policies adopted pursuant thereto. ARTICLE 10 SERVICE PROTECTIONS FOR RESIDENTIAL CUSTOMERS 10.1 UNIFORM BUSINESS PRACTICES COMPLIANCE Competitive Supplier agrees that it and its Associated Entities directly or indirectly involved in providing services or meeting the Competitive Supplier's obligations under the ESA shall comply with the provisions of the Uniform Business Practices, as applicable to Competitive Suppliers, and any amendments thereto, notwithstanding any relief from the Uniform Business Practices offered by the PSC to the Program. In addition, the Competitive Supplier and its Associated Entities agree to comply with any code of conduct or policies the PSC may adopt in accordance with the PSC Orders and to all related Orders of Case 14-M-0564 and 14-M-0224 to which the Program Manager is required to adhere, notwithstanding any relief from the Uniform Business Practices offered by the PSC to the Program. 10.2 DESCRIPTION OF SUPPLIER'S PROCEDURES AND SERVICES The Competitive Supplier shall, at least fourteen days prior to the Nominal Start Date, provide a written, detailed description of its billing and terinination procedures, customer services, confidentiality and related practices and procedures for approval by the Municipality (which approval shall not be unreasonably withheld). Such written description shall also include the Competitive Supplier's plans for protecting the rights and protections of Participating Customers under the Home Energy Fair Practices Act which requires that all utility customers be treated fairly with regard to application for service, customer billing, and complaint procedures. If the Participating Customer(s) so permit(s) or to the extent such permission is required by law or the terms of any PSC order with respect to this ESA, the Competitive Supplier agrees to provide notice to the Municipality of any customer complaints received from a Participating Customer, and the Municipality shall have the right, but not the obligation, to participate in resolution of the dispute, to the extent that such complaints relate directly to the Program, and to the extent permitted by PSC regulations and other applicable law. The failure to timely submit such written Page 81 of 212 2022 Con Ed ESA Template 25 of 46 description, or the submission of practices and procedures which materially fail to comply with PSC regulations and policies, shall be deemed grounds for termination of this ESA, at the discretion of the Municipality after providing written notice of such failure to the Competitive Supplier and allowing the Competitive Supplier sixty (60) days to cure such failure. 10.3 DISPUTE RESOLUTION In accordance with the Uniform Business Practices, in the event of a dispute regarding an invoice or Competitive Supplier's service, whether directly or through its Associated Entities, under this ESA, a Participating Customer may initiate a formal dispute resolution process by providing written notice to the PSC. The PSC will assist the Parties in reaching a mutually acceptable resolution. If no such resolution is reached within 40 calendar days of receipt of the formal written notice, any Party may request an initial decision from PSC. Parties may appeal this decision. ARTICLE 11 NON-DISCRIMINATION IN HIRING AND EMPLOYMENT Competitive Supplier agrees that it shall conduct its operations and activities under this ESA in accordance with all applicable state and federal laws regarding non-discrimination in hiring and employment of employees, and will require all Associated Entities to do the same. ARTICLE 12 POWER SUPPLY INFORMATION AND ACCESS TO INFORMATION 12.1 POWER SUPPLY INFORMATION 12.1.1 Monthly Report of Sales Competitive Supplier shall provide the Municipality or its agent with the following monthly reports as shown on Exhibit B attached hereto within 30 days of the end of the month: 1. kWh and counts disaggregated by municipality, utility zone, customer type, rate class, product 2. Add -Drop report with count of transactions for drop categories Moved, Changed Supplier, Opt -out, Other, and add categories of Opt -in and Newly Eligible. All reports provided under this 12.1 shall be provided in electronic format. 12.1.2 Customer -Related Data On and after the Effective Date, Competitive Supplier will maintain customer -related data in electronic form including utility account number, billing name, billing address, service address historical usage, demand, and ICAP (Installed Capacity) data. A violation of this Article 12.1.2 shall be grounds for termination under Article 4.2(a) unless such violation is due to a system or reasonable administrative error and the Competitive Supplier demonstrates to the Municipality's Page 82 of 212 2022 Con Ed ESA Template 26 of 46 satisfaction that such system or administrative error exists and that the Competitive Supplier is acting in good faith to resolve such issue. 12.1.3 Standard of Care Competitive Supplier and its Associated Entities shall use all Commercially Reasonable efforts in preparing and providing any information or data required under the ESA. To the extent that Competitive Supplier determines that any information or data provided hereunder is in error, it shall provide corrections to such information or data to the Municipality or its agent within a Commercially Reasonable time. 12.2 POWER SUPPLY REPORT Competitive Supplier agrees to comply with any current and/or future rules and regulations related to Environmental Disclosure Labels in the State of New York, including, once finalized by the PSC and/or the New York State Energy Research and Development Authority and available to Competitive Supplier, the creation of separate labels to reflect renewable CCA products within the Competitive Supplier's portfolio, as well as individual municipal renewable purchases within the CCA program. Unless the Environmental Disclosure Label requirement is waived by PSC, within fifteen (15) days of the end of the quarter, Competitive Supplier shall present a copy of the current Environmental Disclosure Label required by the PSC of all Competitive Suppliers to be disclosed to their Participating Customers, which includes information pertaining to Competitive Supplier's power supply and a reasonably detailed description of the sources of Competitive Supplier's power supply used to serve Participating Customers pursuant to this ESA, except to the extent such disclosure would violate any confidentiality obligations of Competitive Supplier. 12.3 BOOKS AND RECORDS Competitive Supplier shall keep their books and records in accordance with any applicable regulations or guidelines of PSC, FERC, and any other Governmental Authority. The Municipality will have electronic access to any reports mandated by the Securities and Exchange Commission which are available on the Internet "EDGAR" system. Upon reasonable request by the Municipality and at the Municipality's reasonable expense, Competitive Supplier or its Associated Entities shall provide reasonable back up for any charge under this ESA questioned by the Municipality. 12.4 COPIES OF REGULATORY REPORTS AND FILINGS Upon reasonable request, Competitive Supplier shall provide to the Municipality a copy of each public periodic or incident -related report or record relating to this ESA which it files with any New York or federal agency regulating rates, service, compliance with environmental laws, or compliance with affirmative action and equal opportunity requirements, unless the Competitive Supplier is required by law or regulation to keep such reports confidential. Competitive Supplier shall be reimbursed its reasonable costs of providing such copies, if only available in hard copy. Page 83 of 212 2022 Con Ed ESA Template 27 of 46 ARTICLE 13 RESOLUTION OF DISPUTES; CHOICE OF LAW AND FORUM 13.1 CHOICE OF LAW AND FORUM This ESA and the rights of the Parties shall be interpreted and determined in accordance with the laws of the State of New York without respect to conflicts -of -laws principles. Any litigation arising hereunder shall be brought solely in the appropriate federal court in New York or appropriate state court sitting in the New York county in which the Municipality is located, to whose jurisdiction the Parties hereby assent, waiving all objections to venue or forum. 13.2 DISPUTE RESOLUTION Unless otherwise provided for in this ESA, the dispute resolution procedures of this Article 13.2 shall be the exclusive mechanism to resolve disputes arising under this ESA. The Parties agree to use their respective best efforts to resolve any dispute(s) that may arise regarding this ESA. Any dispute that arises under or with respect to this ESA that cannot be resolved shall in the first instance be the subject of informal negotiations between the Parties involved in the dispute. The dispute shall be considered to have arisen when one Party sends the other Party(ies) involved in the dispute a written notice of dispute. The period for informal negotiations shall be fourteen (14) days from receipt of the written notice of dispute unless such time is modified by written agreement of the Parties involved in the dispute. In the event that the parties involved in the dispute cannot resolve a dispute by informal negotiations, the Parties may seek judicial enforcement subject to the provisions of this ESA. Notwithstanding the foregoing, injunctive relief may be immediately sought without resorting to alternative dispute resolution to prevent irreparable harm that would be caused by a breach of this ESA. ARTICLE 14 INDEMNIFICATION 14.1 INDEMNIFICATION BY THE COMPETITIVE SUPPLIER In addition to any other remedies available to the Municipality at law or equity, and notwithstanding any other provision contained herein, the Competitive Supplier shall indemnify, defend and hold harmless the Municipality and the Program Manager ("Indemnified Parties") and the Indemnified Parties' elected officials, officers, employees, agents, representatives and independent contractors, from and against any and all costs, claims, liabilities, damages, expenses (including reasonable attorneys' fees), causes of action, suits or judgments, incurred by, on behalf of or involving any one of the foregoing parties to the extent arising directly from or in connection with (i) any material breach by Competitive Supplier or its Associated Entities of its obligations, covenants, representations or warranties contained in this ESA and not resulting from the actions (or omissions where there is a duty to act) of the NYISO, Distribution Utility, the Municipality or its employees or agents, or (ii) any action or omission taken or made by the Competitive Supplier or its Associated Entities in connection with Competitive Supplier's performance of this ESA. 14.2 NOTICE OF INDEMNIFICATION CLAIMS Page 84 of 212 2022 Con Ed ESA Template 28 of 46 If the Municipality or Program Manager seeks indemnification pursuant to this Article 14, it shall notify Competitive Supplier of the existence of a claim, or potential claim as soon as practicable after learning of such claim, or potential claim, describing with reasonable particularity the circumstances giving rise to such claim. 14.3 SURVIVAL Notwithstanding any provision contained herein, the provisions of this Article 14 shall survive the termination of this ESA for a period of two (2) years with respect to (i) any claims which occurred or arose prior to such termination and (ii) any losses occurring as a result of the termination. 14.4 DUTY TO MITIGATE Each Party agrees that they have a duty to mitigate damages and covenant that they will use Commercially Reasonable efforts to minimize any damages they may incur as a result of the other Party's performance or non-performance of this ESA. ARTICLE 15 REPRESENTATIONS AND WARRANTIES 15.1 BY THE COMPETITIVE SUPPLIER As a material inducement to entering into this ESA, the Competitive Supplier hereby represents and warrants to the Municipality as of the Effective Date that the following are true: a) This ESA constitutes a legal, valid and binding obligation of the Competitive Supplier enforceable against it in accordance with the ESA's terms, subject to applicable law, and the Competitive Supplier can and will perform its obligations hereunder to the Municipality in conformance with the terms and conditions of this ESA, subject to bankruptcy, insolvency, reorganization and other laws affecting creditor's rights generally and general principles of equity. b) Subject to the conditions set forth in Article 2.4: i) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and is qualified to conduct its business in those jurisdictions necessary for it to perform its obligations under this ESA; ii) it has all authorizations from any Governmental Authority necessary for it to legally perform its obligations under this ESA or will obtain such authorizations in a timely manner prior to when any performance by it requiring such authorization becomes due; iii) the execution, delivery and performance of this ESA are within its powers, have been duly authorized by all necessary action and do not violate any of the terms or conditions in its governing documents or any contract to which it is a party or any Governmental Rule applicable to it; iv) no bankruptcy is pending against it or to its knowledge threatened against it; Page 85 of 212 2022 Con Ed ESA Template 29 of 46 v) none of the documents or other written information furnished by or on behalf of Competitive Supplier to or for the benefit of the Municipality pursuant to this ESA, contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements contained herein or therein, in the light of the circumstances in which they were made, not misleading; and vi) all information furnished by Competitive Supplier in response to the Request for Proposals for competitive electric supply services is true and accurate. 15.2 BY THE MUNICIPALITY As a material inducement to entering into this ESA, the Municipality hereby represents and warrants to Competitive Supplier as of the Effective Date that the following are true: a) This ESA constitutes a legal, valid and binding contract of the Municipality enforceable in accordance with its terms, subject to applicable law, and Municipality will perform its obligations hereunder in conformance with the terms and conditions of this ESA, subject to bankruptcy, insolvency, reorganization and other laws affecting creditor's rights generally and general principles of equity; b) The execution, delivery and performance of this ESA are within the Municipality's powers, have been or will be duly authorized by all necessary action; c) Municipality has all authorizations from local Governmental Authority necessary for it to legally perform its obligations under this ESA or will obtain such authorizations in a timely manner prior to when any performance by it requiring such authorization becomes due; and d) No bankruptcy is pending or threatened against the Municipality; 15.3 BY THE PROGRAM MANAGER As a material inducement to entering into this ESA, the Program Manager hereby represents and warrants to Competitive Supplier and Municipality as of the Effective Date that the following are true: a) This ESA constitutes a legal, valid and binding contract of Program Manager enforceable in accordance with its terms, subject to applicable law; b) The execution, delivery and performance of this ESA are within Program Manager's powers, have been or will be duly authorized by all necessary action; c) Program Manager has all authorizations from any local or state Governmental Authority necessary for it to legally perform its obligations under this ESA or will obtain such authorizations in a timely manner prior to when any performance by it requiring such authorization becomes due; and d) No Bankruptcy is pending or threatened against Program Manager. ARTICLE 16 INSURANCE Page 86 of 212 2022 Con Ed ESA Template 30 of 46 16.1 In order to help support the indemnifications provided in Article 14, and its other promises and covenants stated herein, Competitive Supplier shall secure and maintain, at its own expense, before the Nominal Start Date and throughout the term of this ESA, unless otherwise specified, commercial general liability insurance of at least $1,000,000 combined single limit and excess liability coverage of at least $5,000,000 with insurers licensed to do business in the State of New York. Each of the required insurance policies shall be with insurers qualified to do business in the State of New York, with an A- or better rating for financial condition and financial performance by Best's Key Rating Guide, Property/Casualty Edition. In the event the Competitive Supplier's insurance carrier is downgraded to a rating of lower than Best's A-, Competitive Supplier shall have ninety (90) days to obtain coverage from a carrier with a rating of at least Best's A-. A certificate that each such insurance coverage is in force and effect, and listing the Municipality as an additional insured on all policies, shall be submitted on or before fourteen days prior to the Nominal Start Date and thereafter whenever renewed or requested by the Municipality. All insurers must be notified that the insurance policies must provide that a copy of any notice of cancellation or non -renewal will be sent to the Municipality. 16.2 With respect to any of the insurance policies provided by the Competitive Supplier pursuant to these requirements which are "claims made" policies, in the event at any time such policies are canceled or not renewed, the Competitive Supplier shall provide a substitute insurance policy with terms and conditions and in amounts which comply with these requirements and which provides for retroactive coverage to the date of the cancellation or non - renewal of the prior "claims -made" policy. With respect to all "claims made" policies which have been renewed, the Competitive Supplier shall provide coverage retroactive to the Nominal Start Date under this ESA. All said substitute or renewed "claims made" policies shall be maintained in full force and effect for three (3) years from the date of the termination of the ESA. 16.3 Competitive Supplier, to the extent required by law, must provide worker's compensation insurance meeting all applicable state and federal requirements. ARTICLE 17 REGULATORY EVENT/NEW TAXES 17.1 REGULATORY EVENT If a Regulatory Event occurs, the Parties shall use their best efforts to reform this ESA to give effect to the original intent of the Parties. If despite such best efforts, a Regulatory Event affects Competitive Supplier and Program Manager and Municipality agree that Competitive Supplier is incurring excess costs as a result thereof and agrees that Competitive Supplier may recover such costs, such amount shall be allocated to and collected from Participating Customers on a per kWh basis through applicable monthly invoice(s). 17.2 QUALIFYING REGULATORY EVENT If a Qualifying Regulatory Event occurs, the Parties shall use their best efforts to reform this ESA to give effect to the original intent of the Parties. If a Qualifying Regulatory Event affects Page 87 of 212 2022 Con Ed ESA Template 31 of 46 Competitive Supplier and Competitive Supplier incurs excess costs as a result thereof, such amount shall be allocated to and collected from Participating Customers on a per kWh basis through applicable monthly invoice(s). 17.3 NEW TAXES If any New Taxes are imposed for which Competitive Supplier is responsible, the amount of such New Taxes shall be allocated to and collected from Participating Customers through applicable monthly invoice(s). ARTICLE 18 MISCELLANEOUS 18.1 NO ASSIGNMENT WITHOUT PERMISSION Except in the event of the sale of all or substantially all of its retail electricity business to an entity with credit and service ability to deliver on all facets of this ESA reasonably acceptable to Municipality, Competitive Supplier or Program Manager shall not directly or indirectly assign this ESA or any of its rights, obligations and privileges under this ESA without the prior written approval of the Municipality. Such approval may be denied at the reasonable discretion of the Municipality, including if the proposed assignee does not have the experience and financial ability to fulfill all obligations of the Competitive Supplier or Program Manager in the ESA. Notwithstanding the above, any assignment of this ESA by the Competitive Supplier, whether as the result of the sale of all or substantially all of the Competitive Supplier's business related to this ESA or otherwise, shall be subject to the following requirements: (i) Competitive Supplier shall provide the Municipality with notice of the proposed assignment at least ninety (90) days prior to such assignment: (ii) Competitive Supplier's assignee shall agree in writing to be bound by the terms and conditions of this ESA; and (iii) Competitive Supplier and such assignee shall, at least ninety (90) days in advance of any assignment, reasonably demonstrate to Municipality that assignee has the experience and financial ability to fulfill all obligations of the Competitive Supplier in the ESA. The Municipality or Program Manager may assign this ESA without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability as the Municipality or Program Manager and such assignment would not materially impair the rights and interests of Competitive Supplier under this ESA. The rights and obligations created by this ESA shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto. 18.2 DIRECT MARKETING Prior to the introduction of any new product or service which Competitive Supplier may wish to make available to Participating Customers or other Eligible Customers located within the Municipality, Competitive Supplier agrees to (i) give the Municipality written notice of such new product or service and (ii) subject to the entry into reasonable confidentiality terms to the extent permitted by law and mutually acceptable to the Parties, discuss with the Municipality the possible inclusion of such new product or service in this or another aggregation program undertaken by the Municipality. Page 88 of 212 2022 Con Ed ESA Template 32 of 46 Competitive Supplier also agrees not to engage, whether directly or through any of its Associated Entities, in any direct marketing to any Participating Customer that relies upon Competitive Supplier's unique knowledge of, or access to, Participating Customers gained as a result of this ESA. For the purposes of this provision, "direct marketing" shall include any telephone call, mailing, electronic mail, or other contact between the Competitive Supplier and the Participating Customer. Programs of the Competitive Supplier that do not rely on unique knowledge or access gained through this ESA will not constitute such "direct marketing. " 18.3 NOTICES All notices, demands, requests, consents or other communications required or permitted to be given or made under this ESA shall be in writing and addressed to: If to Competitive Supplier: If to Municipality: and if to Program Manager: Executive Director Sustainable Westchester Inc 40 Green Street Mount Kisco, NY 10549 Notices hereunder shall be deemed properly served (i) by hand delivery, on the day and at the time on which delivered to the intended recipient at the address set forth in this ESA; (ii) if sent by mail, on the third business day after the day on which deposited in the United States certified or registered mail, postage prepaid, return receipt requested, addressed to the intended recipient at its address set forth in this ESA; or (iii) if by Federal Express or other reputable express mail service, on the next business day after delivery to such express mail service, addressed to the intended recipient at its address set forth in this ESA. Any party may change its address and contact person for the purposes of this Article 18.3 by giving notice thereof in the manner required herein. 18.4 CHANGES IN EMERGENCY AND SERVICE CONTACT PERSONS Page 89 of 212 2022 Con Ed ESA Template 33 of 46 In the event that the name or telephone number of any emergency or service contact for the Competitive Supplier changes, Competitive Supplier shall give prompt notice to the Municipality and the Program Manager in the manner set forth in Article 18.3. In the event that the name or telephone number of any such contact person for the Municipality changes, prompt notice shall be given to the Competitive Supplier and the Program Manager in the manner set forth in Article 18.3. In the event that the name or telephone number of any such contact person for the Program Manager changes, prompt notice shall be given to the Competitive Supplier and the Municipality in the manner set forth in Article 18.3. 18.5 ENTIRE ESA; AMENDMENTS This ESA constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings between the Parties relating to the subject matter hereof. This ESA may only be amended or modified by a written instrument signed by all Parties hereto, duly authorized to sign such instrument. 18.6 FORCE MAJEURE If by reason of Force Majeure any Party is unable to carry out, either in whole or in part, its obligations herein contained, such Party shall not be deemed to be in default during the continuation of such inability, provided that: (i) the non -performing Party, within two (2) weeks after the occurrence of the Force Majeure, gives the other Party hereto written notice describing the particulars of the occurrence; (ii) the suspension of performance be of no greater scope and of no longer duration than is required by the Force Majeure; (iii) no obligations of the Party which were to be performed prior to the occurrence causing the suspension of performance shall be excused as a result of the occurrence; and (iv) the non -performing Party shall use Commercially Reasonable efforts to remedy with all reasonable dispatch the cause or causes preventing it from carrying out its obligations. If (i) an event of Force Majeure caused by any strikes, lockouts or other industrial disturbances involving Competitive Supplier or its Associated Entities continues for a period of thirty (30) days or longer, or (ii) an event of Force Majeure arising from any other cause continues for a period of one hundred eighty (180) days or longer, any Party may terminate this ESA by sending the other Party a written notice as set forth in Article 4.2; provided, however, that the same shall not constitute a default under this ESA and shall not give rise to any damages. Additionally, Competitive Supplier shall submit all Participating Customer drops via EDI to the Distribution Utility in accordance with the rules and regulations set forth by the PSC in Case 98-M-0667. 18.7 EXPENSES Each Party hereto shall pay all expenses incurred by it in connection with its entering into this ESA, including without limitation, all of its attorney's fees and expenses. 18.8 NO JOINT VENTURE Page 90 of 212 2022 Con Ed ESA Template 34 of 46 Each Party will perform all obligations under this ESA as an independent contractor. Nothing herein contained shall be deemed to constitute any Party a partner, agent or legal representative of the other Party or to create a joint venture, partnership, agency or any relationship between the Parties. The obligations of the Municipality and the Competitive Supplier hereunder are individual and neither collective nor joint in nature. 18.9 JOINT WORK PRODUCT This ESA shall be considered the work product of all Parties hereto, and, therefore, no rule of strict construction shall be applied against any Party. 18.10 COUNTERPARTS This ESA may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute a single agreement. 18.11 WAIVER No waiver by any Parry hereto of any one or more defaults by any other Party in the performance of any provision of this ESA shall operate or be construed as a waiver of any future default, whether of like or different character. No failure on the part of any Party hereto to complain of any action or non -action on the part of any other Party, no matter how long the same may continue, shall be deemed to be a waiver of any right hereunder by the Party(ies) so failing. A waiver of any of the provisions of this ESA shall only be effective with respect to an obligation to the waiving Party and shall only be effective if made in writing and signed by the Party who is making such waiver. 18.12 ADVERTISING LIMITATIONS Competitive Supplier and Municipality agree not to use, whether directly or through any of its Associated Entities, the name of the other Party, or make any reference to the other Party in any advertising or other information to be distributed publicly for marketing or educational purposes, unless the other Party expressly agrees to such usage. Any proposed use of the name of a Party must be submitted in writing for agreement and prior written approval which may be withdrawn through a notice in writing at any time. The Municipality acknowledges that the Competitive Supplier's corporate affiliates own the exclusive right to the trademarked logo and trade name used by Competitive Supplier. No right, license or interest in this trademark and/or trade name is granted to the Municipality hereunder, and the Municipality agrees that it shall not assert any right, license or interest with respect to such trademark and/or trade name. 18.13 PRESS RELEASES The Parties agree to joint review and approval prior to issuance of all media press releases regarding this Agreement. Approval of press releases will not be unreasonably withheld. The Parties agree to cooperate in good faith prior to the issuance of any formal press release with Page 91 of 212 2022 Con Ed ESA Template 35 of 46 respect to this ESA, such cooperation to include agreement as to the form, substance and timing of such formal press release. 18.14 HEADINGS AND CAPTIONS The headings and captions appearing in this ESA are intended for reference only, and are not to be considered in construing this ESA. 18.15 SURVIVAL OF OBLIGATION Termination of this ESA for any reason shall not relieve the Parties of any obligation accrued or accruing prior to such termination. ARTICLE 19 REMEDIES 19.1 GENERAL Subject to the limitations set forth in Article 19.2 below and Article 4, the Parties reserve and shall have all rights and remedies available to each of them at law or in equity with respect to the performance or non-performance of the other Party hereto under this ESA. 19.2 LIMITATIONS NO PARTY HERETO SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT. Notwithstanding the foregoing, each Party acknowledges that the preceding sentence shall not limit the other Party's rights to seek direct damages or, under Article 14.1, to seek indemnification from Competitive Supplier for consequential, punitive, or incidental damages described in the preceding sentence or other such losses claimed by third- parties. 19.3 DISCLAIMER COMPETITIVE SUPPLIER MAKES NO WARRANTIES HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. //Signatures Follow# IN WITNESS WHEREOF, the Parties have caused this ESA to be executed by their duly authorized representatives, as required by the applicable laws of the city, town or municipality and the laws, rules and regulations of the State of New York, as of the respective dates set forth below COMPETITIVE SUPPLIER IM Name: Title: Page 92 of 212 2022 Con Ed ESA Template Address: Dated: MUNICIPALITY By: Name: Title: Address: Dated: PROGRAM MANAGER By: Name: Title: Address: Dated: 36 of 46 Page 93 of 212 2022 Con Ed ESA Template 37 of 46 EXHIBIT A — PART 1 PRICES AND TERMS — STANDARD PRODUCT Firm Full -Requirements Price by Rate Classification for all Participating Customers located in Con Edison territory commencing service on the first customer meter -read date after [DATE]. Municipality understands that for any supply to Participating Customers the Fixed Price includes NY Public Policy Transmission Costs and NY Tier 2 REC Program Costs based on the estimates of such costs for calendar year 2022 that were obtainable by Competitive Supplier and Competitive Supplier will pass through to Participating Customers any future changes, (upward or downward) to such NY Public Policy Transmission Project Costs or NY Tier 2 REC Program Costs, based on changes in such costs during the remainder of term of this ESA, and which will be reflected in a future adjustment. Any such adjustments shall occur once during any calendar year. "NY Public Policy Transmission Project Costs" means costs or charges imposed by the NYISO (including without limitation, Work in Progress charges or other related transmission costs not including charges under NY TOTS Project Costs or Ancillary Services And Other ISO Costs) associated with the development of the transmission facilities under the NYISO's Public Policy Transmission Planning Process and in compliance with FERC Order No.1000 (Stats. & Regs 31,323 issued July 2011, as may be amended or modified from time to time during the term of this ESA). "NY Tier 2 REC Program Costs" means any costs related to the purchase of Tier 2 eligible renewable energy certificates ("Tier 2 REC's") associated with the expansion of the Clean Energy Standard to include additional compliance requirements in accordance with the "Order Adopting Modifications to the Clean Energy Standard" in DPS Case 15- E-0302 dated October 15, 2020 (as may be proposed or implemented during the term of this ESA). The Parties agree and acknowledge that the Fixed Price set forth below excludes costs and charges associated with changes to the obligations of New York's Clean Energy Standard ("CES"), including but not limited to CES Tier 4 program costs as described in the "Order Adopting Modifications to the Clean Energy Standard" in case 15-E-0302 dated October 15, 2020, as may be amended or modified from time to time during the term of this Agreement. In the event that changes to such regulations/orders are finalized, such changes shall be deemed a Regulatory Event as that term is defined in this ESA and the Parties agree to amend this Exhibit A to reflect the cost impact of such Regulatory Event. Table 1: Rate Class Fixed price per kWh Fixed price per kWh w GRT pay ment Residential $0.0### $0.0### Small Commercial $0.0### $0.0### Page 94 of 212 2022 Con Ed ESA Template 38 of 46 * Villages and cities in Westchester assess Gross Receipts Tax on energy sales at a rate of 1.0101 %. This is reflected in the billed rate and remitted to the inunicipality by supplier as required under 8.4.4. Terms for System Supply Service The Price and Terms stated on this Exhibit A will commence on the first customer meter read date after [DATE] for each Participating Customer and continue until the first customer meter read date after [DATE] ("End Date") for each Participating Customer, unless this ESA is sooner terminated in accordance with Article 4.2 of this ESA. The period of delivery of Firm Full -Requirements Power Supply shall be consistent with the provisions of Article 4 and Exhibit A of this ESA. Start -Up Service Date: Firm Full -Requirements Power Supply will commence at the prices stated above as of each Participating Customer's first meter read dates after [DATE]. Service shall continue until the first customer meter read date after [DATE]for each Participating Customer. Clean Energy Standards ("Clean Energy Requirements"): The standard electricity generation mix offered to Participating Customers under the Standard Electricity Product shall meet the minimum Clean Energy Requirements for electric power designated by New York State. Eligible Customer Opt -Out: Participating Customers are free to opt -out of the Program utilizing established EDI drop protocols. Participating Customers are to provide five (5) business days' notice to the Competitive Supplier of such termination and Competitive Supplier will notify Distribution Utility to resume service as soon as possible after such notification. There are no fees or charges for Participating Customers to opt -out or terminate service. Competitive Supplier's Standard Credit Policy: The Competitive Supplier will not require a credit review for any customer participating in the Program, nor will Competitive Supplier require any customer to post any security deposit as a condition for participation in the Program. The Competitive Supplier may terminate service to a Participating Customer and return such customer to Default Service in the event that the customer fails to pay to Competitive Supplier amounts past due greater than sixty (60) days. Supplier shall serve Newly Opt -out Eligible Customers, as well as Eligible Customers who opt - in to the Program, who enroll or are enrolled into the Program after the first customer meter -read date referred to above at the fixed price in Table 1 above. Page 95 of 212 2022 Con Ed ESA Template 39 of 46 EXHIBIT A — PART 2 PRICES AND TERMS —100% RENEWABLE CLEAN POWER PRODUCT Firm Full -Requirements Price for 100% Renewable Clean Power Product by Rate Classification for all Participating Customers located in Con Edison territory commencing service on the first customer meter -read date after [DATE]. Municipality understands that for any supply to Participating Customers the Fixed Price includes NY Public Policy Transmission Costs and NY Tier 2 REC Program Costs based on the estimates of such costs for calendar year 2022 that were obtainable by Competitive Supplier, and Competitive Supplier will pass through to Participating Customers any future changes, (upward or downward) to such NY Public Policy Transmission Project Costs or NY Tier 2 REC Program Costs, based on changes in such costs during the remainder of term of this ESA, and which will be reflected in a future adjustment. Any such adjustments shall occur once during any calendar year. "NY Public Policy Transmission Project Costs" means costs or charges imposed by the NYISO (including without limitation, Work in Progress charges or other related transmission costs not including charges under NY TOTS Project Costs or Ancillary Services And Other ISO Costs) associated with the development of the transmission facilities under the NYISO's Public Policy Transmission Planning Process and in compliance with FERC Order No.1000 (Stats. & Regs 31,323 issued July 2011, as may be amended or modified from time to time during the term of this ESA). "NY Tier 2 REC Program Costs" means any costs related to the purchase of Tier 2 eligible renewable energy certificates ("Tier 2 REC's") associated with the expansion of the Clean Energy Standard to include additional compliance requirements in accordance with the "Order Adopting Modifications to the Clean Energy Standard" in DPS Case 15- E-0302 dated October 15, 2020 (as may be proposed or implemented during the term of this ESA). The Parties agree and acknowledge that the Fixed Price set forth below excludes costs and charges associated with changes to the obligations of New York's Clean Energy Standard ("CES"), including but not limited to CES Tier 4 program costs as described in the "Order Adopting Modifications to the Clean Energy Standard" in case 15-E-0302 dated October 15, 2020, as may be amended or modified from time to time during the term of this Agreement. In the event that changes to such regulations/orders are finalized, such changes shall be deemed a Regulatory Event as that term is defined in this ESA and the Parties agree to amend this Exhibit A to reflect the cost impact of such Regulatory Event. Table 2: Rate Class Fixed price per kWh fixed price per kWh w GRTa meat Residential $0.0### $0.0### Small Commercial $0.0### $0.0### *Villages and cities in Westchester assess Gross Receipts Tax on energy sales at a rate of.1.0101 %. This is reflected in the billed rate and remitted to the municipality by supplier as required under 8.4.4. Terms for System Supply Service Page 96 of 212 2022 Con Ed ESA Template 40 of 46 The Price and Terms stated on this Exhibit A will commence on the first customer meter read date after [DATE] for each Participating Customer and continue until the first customer meter read date after [DATE] ("End Date") for each Participating Customer, unless this ESA is sooner terminated in accordance with Article 4.2 of this ESA. The period of delivery of 100% Renewable Clean Power Product shall be consistent with the provisions of Article 4 and Exhibit A of this ESA. Start -Up Service Date: 100% Renewable Clean Power Firm Full -Requirements Power Supply will commence at the prices stated above as of each Participating Customer's first meter read dates after [DATE]. Service shall continue until the first customer meter read date after [DATE]for each Participating Customer. Clean Energy Standard ("Clean Energy Requirements"): The standard electricity generation mix offered to Participating Customers under the Standard Electricity Product shall meet the minimum Clean Energy Requirements for electric power designated by New York State. 100% New York Voluntary EDP Eligible RECs -- This Exhibit A -Part 2 includes a voluntary purchase of Renewable Energy Certificates ("RECs") which comply with the attribute delivery rules set forth in the New York Generation Tracking System ("NYGATS") Operating Rules, supporting the NY EDP Program that are sourced from NY EDP Eligible Renewable Resources in an amount equal to 100% of the Participating Customers' electricity usage, in addition to any then -current REC purchases associated with New York Clean Energy Standard requirements applicable to Competitive Supplier. In the event that the DPS or other governmental authority determines that a 100% Renewable Clean Power Product may be provided through the voluntary purchase of NY Tier 2 Voluntary RECs in an amount equal to 100% of the Participating Customers' electricity usage less any then -current Tier 1 REC purchase associated with the Clean Energy Standard requirements applicable to Competitive Supplier in New York, such change shall be deemed a Regulatory Event as that term is defined in this ESA and the Parties agree to amend this Exhibit A to reflect the cost impact of such Regulatory Event. Competitive Supplier anticipates that the RECs provided hereunder will be generated primarily by hydroelectric facilities, but some portion of the RECs may be generated by wind, solar or other facilities, and Competitive Supplier reserves the right to source the RECs from any qualifying NY EDP Eligible Renewable Resource. Each REC represents environmental attributes associated with one MWh of electricity generated by a renewable fuel type defined by NYGATS Operating Rules, dated May 18, 2018, but does not include any tax credits, depreciation allowances or third party subsidies of any kind. Competitive Supplier does not represent or warrant that the RECs purchased hereunder can be used as offsets or otherwise for compliance with any emission reduction or similar program. For purposes of this Agreement: i. "NY EDP Eligible Renewable Resource" means any electric power generator meeting the NY EDP Program eligibility criteria of a NY renewable energy generating source which comply with the attribute delivery rules set forth in the NYGATS Operating Rules, supporting the NY EDP Program, as of the Effective Date of this Agreement. RECs will be retired for all participants collectively at the Program level. Page 97 of 212 2022 Con Ed ESA Template 41 of 46 ii. "NY EDP Program" means the environmental disclosure program administered by the New York State Department of Public Service, through which load serving entities periodically inform their customers of the fuel source, emissions and other characteristics of the electricity resources supplied to them. Eligible Customer Opt -Out: Participating Customers are free to opt -out of the Program utilizing established EDI drop protocols. Participating Customers are to provide five (5) days' notice to the Competitive Supplier of such termination and Competitive Supplier will notify Distribution Utility to resume service as soon as possible after such notification. There are no fees or charges for Participating Customers to opt -out or terminate service. Competitive Supplier's Standard Credit Policy: The Competitive Supplier will not require a credit review for any customer participating in the Program, nor will Competitive Supplier require any customer to post any security deposit as a condition for participation in the Program. The Competitive Supplier may terminate service to a Participating Customer and return such customer to Default Service in the event that the customer fails to pay to Competitive Supplier amounts past due greater than sixty (60) days. Supplier shall serve Newly Opt -out Eligible Customers, as well as Eligible Customers who opt - in to the Program, who enroll and are enrolled into the Program after the first customer meter - read date referred to above at the price in Table 2, above. In the event that New York State institutes a subsidy for CCA purchase of RECs after the signing of this ESA that is applicable to all or any portion of the Competitive Suppliers obligations under this ESA, Competitive Supplier shall pass through the full subsidy to Participating Customers in the form of a rate reduction. Page 98 of 212 2022 Con Ed ESA Template 42 of 46 EXHIBIT B - TEMPLATE KWH SALES AND CUSTOMER ACCOUNTS DATA SUMMARY KWH Sales Template UsageEndYrMo Municipality Zone I CustType RateClass Product Count I Consurnp_kWh 202101 QMUNI NAME] I Residential SC1 100% renewable ##,#### 202101 [MUNI NAME] I Residential SC1 Standard ##,##P 202101 [MUNI NAME] I Small Coml SC2 100% renewable ##,####? 202101 QMUNI NAME] I Small Coml SC2 Standard ##,### 202101 [MUNI NAME.] H Residential SC1 100% renewable ##,### 202101 [MUNI NAME] H Residential SC1 Standard ##,###? 202101 [MUNI NAME] H Small Coml SC2 100 renewable ##,### 202101 [MUNI NAME] H Small Coml SC2 Standard ##,### etc.. Add -Drop Report UsageEndYearMonth Municipality ustomerTyp RateClass Product AddOrDrop AdddropType Count 202101 [MUNI NAME] Residential SC1 enewable Drop Moved ## etc. Drop Changed Supplier Drop Opt -out Drop Other Add opt -in Add Newly Eligible Page 99 of 212 2022 Con Ed ESA Template 43 of 46 EXHIBIT C - PAYMENT PROGRAM MANAGER BANK INFORMATION FOR PAYMENTS BY ACH Bank Name: Bank Routing Number: Bank Account Number: Federal ID: Page 100 of 212 2022 Con Ed ESA Template 44 of 46 EXHIBIT D - DATA REQUIREMENTS In order for program administrators and participants to have visibility into their participation with the program, certain data will need to be exchanged, in a regular format, with regular transmission methods and times. There are three file formats currently in use for this purpose which must be provided by Competitive Supplier to Program Manager: 1. Newly_Opt-out Eligible_Customer file - Competitive Supplier will obtain this data quarterly from the Utility and the notification mailing is made from the list following procedures described elsewhere in this ESA. The Program Manager requires a matching dataset as defined below in order to perform its duties for customer service during the opt out period. 2. Post -enrollment file — Weekly, and after the Competitive Supplier sends enrollments to the Utility, either at the beginning of this contract or after a Newly Opt -out Eligible Customer opt out period, the Competitive Supplier will send this file to the Program Manager to update its records. 3. Overnight file — basic status update for all transactions occurring since the last overnight file. 4. Commission file - Standard practice for aggregation suppliers. The abovementioned files should, at minimum, contain the following information: Newly Opt -out Eligible Customer file I Post -enrollment file Pre -Enrollment ID Customer Name Service Address Service City State Zip Mailing Address Mail City State Zip Customer Classification Rate Category Pre -Enrollment ID Utility Account Number Meter Read Cycle Account Start Account End Enrollment Issue/Reason Code Municipality Name Contract Start Contract End Rate Class Annual kWh Capacity Tag Capacity Start Date Capacity End Date Billing Name Billing Address Billing State Billing City Billing Zip Enrollment Date (Contract Start Date) Load Zone Page 101 of 212 2022 Con Ed ESA Template 45 of 46 Overnight file PRE -ENROLLMENT ID LDCAcctNo_vc OptCode POD ID acctstatus_c Enroll DtO SUPPLIER ENROLLMENT STATUS Enroll/Drop Code Comment vc start Date End Date BilledRateChargeAmt EMailAddress_vc Affiliation_vc LDC vc Commission file Customer Name Service Account Number Invoice Number Contract ID Municipality Customer Class Invoice Date Start Date End Date Earned Date Scheduled Payment Month Usage UDC Code Commission Rate/Amount Commission Payment Lag (Days) File transfer between the Supplier and Program Manager, or a party designated by Program Manager, shall be by SFTP or other secure mode. Page 102 of 212 2022 Con Ed ESA Template 46 of 46 EXHIBIT E - OPTION FOR ALTERNATIVE SUPPLY OF POWER Competitive Supplier shall provide power to Participating Customers, including through the purchase of REC's, throughout the term of this ESA and from sources selected in Competitive Supplier's own discretion. However, Program Manager desires to build or contract with a third party to supply renewable sources of energy (the "Renewable Power Source") after the Effective Date of the Program for the benefit of the Participating Customers. Upon completion of any such Renewable Power Source the Program Manager may offer to sell output from the Renewable Power Source to Competitive Supplier, either directly or through an Associated Entity, under a separate Power Purchase Agreement ("PPA"). Program Manager understands and acknowledges that (i) Competitive Supplier shall have no obligation to enter into a PPA during the term of this ESA; and (ii) if Competitive Supplier agrees to enter into a PPA, then completion of a PPA is contingent upon (without limitation) Competitive Supplier's confirmation (in its sole determination) that (a) the terms are in compliance with all rules, laws and regulations; (b) it has internal senior management approval after completion of financial, credit, legal and operation due diligence; and (c) the Parties have executed an amended ESA to incorporate terms of the PPA. In the event that Competitive Supplier elects not to enter into a PPA as described above and Program Manager enters into a Third Party Agreement, then the terms of this ESA shall remain unmodified and in full force and effect. If Competitive Supplier elects to enter into a PPA as described above, Competitive Supplier agrees to review a roster of Renewable Power Sources pre -approved by Program Manager and Competitive Supplier who retain a PPA form consistent with the needs of Program Manager and Competitive Supplier, provided, however, that final determination of a Renewable Power Source provider shall be in the sole discretion of Competitive Supplier and may be a source not listed on the roster. In the event Program Manager identifies output from Renewable Power Source(s) that Program Manager desires to assign to or request that the Competitive Supplier use in the Program, Program Manager will describe whether each product is unit -contingent or smoothed, and Program Manager will describe the projected (if unit contingent) or committed quantity (if smoothed) for RECs, Capacity and/or kWh, including time blocks for the product, if appropriate. Competitive Supplier and Program Manager will then discuss the best strategy for moving forward, including whether Competitive Supplier desires to solicit offers from the free market for like quantities of power, REC or capacity. In such case, the Parties agree to negotiate, in a Commercially Reasonable manner, a rate adjustment to Participating Customers to (a) compensate Competitive Supplier (or an Associated Entity) for any losses should Competitive Supplier (or an Associated Entity) need to then sell off any of the original power purchased to supply the Program at a lower price than it purchased it for, or (b) compensate Participating Customers for any gains should Competitive Supplier (or an Associated Entity) then be able to sell off any of the original power purchased to supply the Program at a higher price than it purchased it for. Any such rate adjustment shall only amend or modify the ESA by a written instrument signed by all Parties hereto. For avoidance of doubt, the foregoing does not obligate Competitive Supplier or Program Manager to come to an agreement regarding a rate adjustment. Page 103 of 212 CCA MOU - CON ED 2022-06-14 MEMORANDUM OF UNDERSTANDING For Participation in the Westchester Power Contract For Communities in the Con Edison Service Territory This Memorandum of Understanding is entered into by and between: Sustainable Westchester, Inc., a New York non-profit corporation ("Sustainable Westchester"), and the City / Town / Village of (the "Municipality"), a local government member of Sustainable Westchester (each a "Party" and collectively, the "Parties"). 1. Background: a. In February 2015, the New York Public Service Commission ("PSC") issued an Order for Case 14-M-0564 as follows: "The Petition of Sustainable Westchester is granted to the extent that its municipal members are authorized to undertake a Community Choice Aggregation demonstration project consistent with the discussion in the body of this Order..." b. The PSC subsequently issued an Order for Case 14-M-0224 on April 21, 2016, which authorized Community Choice Aggregation ("CCA") throughout New York State (the "CCA Order") and on November 15, 2018 issued the "Order Approving Renewal of the Sustainable Westchester Community Choice Aggregation Program" reauthorizing the Sustainable Westchester CCA program under a Master Implementation Plan. c. Sustainable Westchester's CCA Program enrolled Participating Customers from an initial group of 20 participating municipalities in April 2016. Since then, nine additional municipalities have joined and several other municipalities are actively working towards participation. d. For participating municipalities in the Con Edison utility territory, the current Electric Service Agreement for the Sustainable Westchester CCA Program will terminate on the first meter read date after June 30, 2022 e. In compliance with the PSC CCA Orders, the Municipality has adopted local legislation to enable Community Choice Aggregation. f. As a member of Sustainable Westchester in good standing and participant in the Sustainable Westchester CCA Program, the Municipality wishes to continue to engage the services of Sustainable Westchester as the Program Manager for Community Choice Aggregation for the Operation and Maintenance of the Program. 2.Definitions: a. 2021 ESA: The ESA which implemented the Sustainable Westchester CCA Program during the period from January 1, 2021 to the first meter read date after June 30, 2022. b. 2022 ESA: The ESA which will implement Sustainable Westchester CCA Program commencing on the first meter read date after Julyl, 2022 for the Con Edison service territory. The 2022 ESA shall have substantially the same terms outlined in the attached 2022 ESA Template (Attached as Exhibit 1). The 2022 ESA Template sets out the new prices and terms and contains clarifying changes to the 2021 ESA. Page 1 of 4 Page 104 of 212 CCA MOU - CON ED 2022-06-14 c. CCA Orders: Collectively, the February 26, 2015 "Order Granting Petition in Part" issued by the PSC in Case 14-M-0564; the April 21, 2016 "Order Authorizing Framework for Community Choice Aggregation Opt -out Program" issued by the PSC in Case 14-M-0224 (the "CCA Framework Order"), which sets forth the requirements, terms, and conditions under which CCA programs can proceed through implementation; and the November 15, 2018 "Order Approving Renewal of the Sustainable Westchester Community Choice Aggregation Program" issued by the PSC in Case 14-M-0564, which reauthorizes the Sustainable Westchester CCA program under a Master Implementation Plan. d. Community Choice Aggregation Program or CCA Program or Program— A municipal energy procurement program, which replaces the incumbent utility as the default supplier for all Eligible Consumers within the Participating Municipality, as defined in the PSC CCA Orders. Competitive Supplier: An entity duly authorized to conduct business in the State of New York as an energy service company ("ESCO") that procures electric power for Eligible Consumers in connection with this CCA Program. i. Compliant Offer: Electric power supply offer from a Competitive Supplier that meets the requirements specified in this MOU and the 2022 ESA and that is submitted by the lowest responsible bidder, subject to the terms and conditions set forth in the 2022 RFP. f. Default Product: The product selected by the Municipality for supply to its Eligible Consumers upon enrollment, unless they take action to select a different product or Opt out. g. Distribution Utility: Owner or controller of the means of distribution of the natural gas or electricity that is regulated by the Public Service Commission in the Participating Municipality. h. Electric Service Agreement ("ESA"): An agreement that implements a CCA Program and contains all the terms and conditions of the Program. i. Eligible Consumers — Residential and small commercial consumers of electricity who have been served by the program under the 2021 ESA and have not opted out. For the avoidance of doubt, all Eligible Consumers must reside or be otherwise located at one or more locations within the geographic boundaries of the Municipality, as such boundaries exist on the Effective Date of the 2022 ESA. j. Participating Municipality: A dues -paying municipal member of Sustainable Westchester, which has adopted the applicable local legislation for the Community Choice Aggregation Program. k. Participating Customers: Eligible Consumers enrolled in the Program, including Opt -out Eligible Consumers who have been enrolled subsequent to the opt -out process and other customers who have opted in. 1. Program Manager: Sustainable Westchester, a non-profit corporation of which the Participating Municipality is a member. in. Public Service Commission ("PSC"): The New York State Public Service Commission or the New York State Department of Public Service acting as staff on behalf of the Public Service Commission. n. Qualifications Review: A verification of the status of the Competitive Supplier as an electricity supplier in the Distribution Utility's service territory. A precondition for Page 2 of 4 Page 105 of 212 CCA MOU - CON ED 2022-06-14 attaining such status is that Competitive Supplier has met the credit requirements established by the New York Independent Systems Operator. o. 2022 RFP: The request for proposals to suppliers to provide energy to Participating Customers for the 2022 ESA. 3. Purpose: The purpose of the Memorandum of Understanding is as follows: a. To establish participation by The Municipality (hereafter, the "Participating Municipality") in a Community Choice Aggregation Program (hereafter, the "Program") that will be managed on its behalf by Sustainable Westchester, (hereafter, the "Program Manager") under the 2022 ESA. b. To affirm that the Participating Municipality and Program Manager agree to adhere to the terms and conditions of the 2022 ESA in the event they execute it. c. To affirm that the Participating Municipality and Program Manager agree to execute the 2022 ESA, subject to the conditions of review and approval outlined in 4(c) and 5(a), below. 4. Roles and responsibilities of the Program Manager: As Program Manager, Sustainable Westchester agrees to perform all duties outlined in the 2022 ESA and, prior to execution of that agreement, Program Manager agrees to: a. Provide the involved agencies and parties to the PSC CCA Orders, including, but not limited to, the Public Service Commission and Distribution Utility, requested information about and documentation of the actions undertaken by the Participating Municipality in furtherance of enabling participation in the Program; b. Manage the contract process including: i. the collection of indicative pricing and other inputs against which to evaluate the 2022 ESA offers, ii. the preparation of the 2022 ESA, iii. the acceptance, secure opening, and review of the indicative pricing and 2022 ESA offers, and iv. the organization of the Qualifications Review, offer evaluation, and selection of a Competitive Supplier, all in a manner that is transparent to the Participating Municipality and firms seeking to be the Competitive Supplier; c. Sign the 2022 ESA in a timely fashion subject to the conditions that: i. the Competitive Supplier is deemed qualified for the duration of the 2022 ESA by the Qualifications Review, and ii. such Competitive Supplier's offer is deemed by the Program Manager to be a Compliant Offer as defined in Section 2 above. d. Fulfill any other responsibilities as may reasonably adhere to facilitating the implementation of the Program, subject to the Program Manager's inherent and original role as an organization driven by the deliberated priorities of its constituent member municipalities. 5. Roles and responsibilities of the Participating Municipality: The Participating Municipality agrees to: a. Sign the 2022 ESA, selecting the 100% Renewable Clean Power Product as the Default Product for its Eligible Consumers, in a timely fashion, subject to the conditions that: Page 3 of 4 Page 106 of 212 CCA MOU - CON ED 2022-06-14 i. the Competitive Supplier is deemed qualified for the duration of the 2022 ESA by the Qualifications Review, and ii. such Competitive Supplier's offer is deemed by the Program Manager to be a Compliant Offer as defined in Section 2 above. 6. Term and Termination: Memorandum of Understanding shall expire on the earlier of December 31, 2022 or the date on which the 2022 ESA is signed by the Participating Municipality, the Program Manager, and the selected Competitive Supplier. Participating Municipality shall have the right to terminate this Memorandum of Understanding for any of the reasons set forth in the Termination section of the 2022 ESA attached hereto as Exhibit 1. IN WITNESSETH WHEREOF the Parties have signed this MEMORANDUM OF UNDERSTANDING on the day and year appearing below their respective signatures. City/TownNillage of Authorized Official Name and Title: Signature: Address: Telephone(s): E-Mail Address: Address for Notices: Sustainable Westchester, Inc. Authorized Official Name and Title: Nina Orville, Executive Director Signature: Address: 40 Green Street, Mount Kisco, NY 10549 Telephone(s): (914) 242-4725 E-Mail Address: nina@sustainablewestchester.org Address for Notices: 40 Green Street, Mount Kisco, NY 10549 Attachments: Exhibit 1, 2022 Con Ed ESA Template Page 4 of 4 Page 107 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Review- Standard Work Day Reporting for Elected Officials ATTACHMENTS: 1. Standard Work Day Reporting for Elected Officials - Town Supervisor 2022 Page 108 of 212 Town of Mamaroneck Office of the Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 Allison May Mamaroneck Town Clerk MEMORANDUM DATE: June 14, 2022 TO: Town Board FROM: Town Clerk TEL:9141381-7870 FAX 9141381-7813 amay@town ofmamaroneckNY. org SUBJECT: Agenda Item TBM of June 22, 2022 - Standard Work Day Reporting for Elected and Appointed Officials Town Supervisor Jaine Elkind Eney has submitted a new three-month record of activities, for her new Town Supervisor role. This record of activities reflects 428 hours of activities. Attached, please find Supervisor Elkind-Eney's three-month record of activities and a resolution to be adopted by the Town Board. Page 109 of 212 Office of the New York State Comptroller ANYSLRS New York State and Local Retirement System 110 State Street, Albany, New York 12244-0001 Please type or print clearly in blue or black ink Received Date Standard Work Day and Reporting Resolution for Elected and Appointed Officials Employer Location Code RS 2417-A ❑ � ❑ � � SEE INSTRUCTIONS FOR COMPLETING FORM ON REVERSE SIDE (Rev.11)19) BE IT RESOLVED, that the Town of Mamaranec k f / 30054-010 hereby established the following standard work days for these titles and will (Name of Employer) (Location Code) report the officials to the New York State and Local Retirement based on their record of activities: Name Social Security Number NYSLRS ID Title Record of Current Term Standard Work Activities Begin &End Day Result Dates Not Submitted Pay Frequency Tier 1 Elected Officials: Jaine Elkind Eney I I !Town Supervisor 11/1/22 to 12/31/20231 7 1 9.4 ! El Biweekly 1 ❑ ❑ ❑ ❑ ❑ Appointed Officials: Allison May, Town Clerk secretarylclerk of the governing board of the Town of Mamaroneck (Name of Secretary or Clerk) (Circle one) (Name of Employer) do hereby certify that I have compared the foregoing with the original resolution passed by such board at a legally convened meeting held on the on file as part of the minutes of such meeting, and that same is a true copy thereof and the whole of such original. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Affidavit of Posting: I, of Secretary or Clerk) (Name of Employer) of the State of New York, day of ` _, 20__ on this ___ day of 20 being duly sworn, deposes and says that the posting of the Resolution began on (Name of Secretary or Clerk) and continued for at least 30 days. That the Resolution was available to the public on the: (Date) Employer's website at: www.townofmamaroneckny.org ❑0 Official sign board at: 740 W. Boston Post Road, Mamaroneck 10543 Boston Post Road, Mamaroneck 10543 Main entrance Secretary or Clerk's office at: 740 W. _ Page of _ (for additional rows, attach a RS 2417-B form.) Page 110 of 212 Record of Activities Name Jaine Elkind Eney Title Town Supervisor Employer Town of Mamaroneck Activity Log • Use a new row for each activity. You must include the start and end times for each activity. • Enter the date, activity, start and end times, and the number of hours. In the Hours column, only enter numbers (i.e. 2.75). • To add a new row, click the "Add New Row" button. • To total the number of hours, click the "Update Total" button. Date Activity Start Time End Time Hours February 1, 2022 9am 11am 2 Read Town Board packet February 1, 2022 Phone 12:00 PM 3:30 PM 3.5 calls/Ass't/Administrator/Planning Bd. Chair/various members Town Bd. February 1, 2022 Meeting w/resident 3:30 PM 5:00 PM 1.5 February 1, 2022 Constituent phone calls, emails 5:00 PM 7:15 PM 2.25 February 2, 2022 Call with Town Administrator, Ass't 9:15 AM 9:45 AM .5 February 2, 2022 Meet Asst. to Sen. Schumer 8:30 AM 10:30 AM 2 February 2, 2022 Town Board Mtg Prep 2:30 PM 4:00 PM 1.5 February 2, 2022 Interview 4:00 PM 4:45 PM .75 February 2, 2022 Town Board Meeting 5:00 PM 10:00 PM 5 Page 1 of 12 Page 111 of 212 February 3, 2022 Meeting w/Comptroller 9:00 AM 9:30 AM ' .5 February 3, 2022 Talk w/Town Admin and Ass't ............. 10:00 AM 10:45 AM 75 February 3, 2022 Emails/phone calls to constituents 2:00 PM 4:00 PM 2 February 3, 2022 Zoom call 7:00 PM 8:00 PM 1 February 3, 2022 Talk w/Board Member 8:30 AM 9:15 AM .75 February 3, 2022 Talk w/Resident 4:00 PM 4:30 PM .5 February 4, 2022 Comprehensive Plan Call 1:00 PM 3:00 PM 2 February 4, 2022 In office meetings 3:00 PM 5:30 PM 2.5 February 4, 2022 WPATS Zoom Call, call w/Asst 11:00 AM 1:30 PM 2.5 February 7, 2022 Westchester County Call 3:30 PM 4:30 PM 1 February 7, 2022 Returning phone calls, meet w/Asst j 11:00 AM 3:00 PM 4 February 7, 2022 Work on Steering Committee 4:30 PM 5:30 PM 1 February 7, 2022 Fire Council Meeting 7:00 PM I 8:00 PM 1 February 8, 2022 Summit Meeting/Talk w/Asst 8:00 AM 10:15 AM 2.25 February 8, 2022 Westchester Joint Water Works Mtg 3:30 PM 5:00 PM 1.5 February 8, 2022 Mtg w/MHS Science Research 2:00 PM 3:00 PM 1 students February 8, 2022 Office mail/paperwork 1:00 PM 2:00 PM 1 f U - Page 2 of 12 Page 112 of 212 February 9, 2022 Meetings w/office staff inc. Ass't 2:00 PM 6:00 PM 4 February 9, 2022 Sanitation Zoom Meeting 6:00 PM 7:00 PM 1 February 10, 2022 Office calls/emails to residents and 2:00 PM 6:00 PM 4 meet w/Ass't February 11, 2022 Office calls/emails to residents and 2:00 PM 6:00 PM 4 meet w/Ass't February 13, 2022 NYCOM Conference, Albany and f/u 7:30 AM 5:30 PM 10 emails February 14, 2022 NYCOM Conference, Albany and call 8:00 AM 4:30 PM 8.5 with Ass't. February 15, 2022 Office returning phone calls, meet 12:00 PM 3:00 PM 3 with Ass't February 15, 2022 Read Town Board packet/prep for 3:00 PM 6:00 PM 3 mtg. February 15, 2022 Zoom meeting re retiring staff 6:00 PM 7:00 PM 1 member February 16, 2022 Return Phone Calls, meet w/Ass't 1:00 PM 3:00 PM 2 February 16, 2022 Town Bd Meeting Prep 4:00 PM 5:00 PM 1 February 16, 2022 Town Board Meeting 5:00 PM 10:00 PM 5 February 17, 2022 Prep Sanitation Meeting, meet 2:00 PM 5:00 PM 3 w/Ass't February 17, 2022 Sanitation Meeting 6:00 PM 8:30 PM 2.5 February 18, 2022 Meet w/Gov't Aide, call w/Ass't 8:00 AM 10:30 AM 2.5 February 18, 2022 Meetings w/staff and enviro. comm. 2:30 PM 6:00 PM 3.5 February 22, 2022 Office reading mail/documents, met 2:00 PM 6:00 PM 4 w/Ass't Page 3 of 12 � —U- Page 113 of 212 February 23, 2022 West. Joint Water Works Meeting 3:30 PM February 23, 2022 Returning Calls, call with Ass't 1:00 PM February 23, 2022 Returning Calls 4:30 PM February 24, 2022 Office Calls/Emails and met with 2:00 PM Ass't February 25, 2022 Meetings w/staff including Ass't 2:00 PM February 28, 2022 County Conference Call, Call with 2:30 PM Ass't February 28, 2022 Office Calls/Emails 4:30 PM March 1, 2022 Prep Town Bd Meeting, met with 2:00 PM Asst. March 1, 2022 Prep Comprehensive Plan Mtg 4:00 PM March 1, 2022 Comprehensive Plan Meeting 5:00 PM March 2, 2022 Meeting w/Town Clerk, Ass't. 2:30 PM March 2, 2022 Town Board Meeting 5:00 PM March 3, 2022 Meeting w/residents offsite 3:00 PM 5:OO PM 1.5 3:00 PM 2 6:00 PM 1.5 6:00 PM 4 6:00 PM ! 4 4:30 PM 2 6:30 PM 2 4:00 PM 2 5:00 PM 1 6:00 PM 1 4:30 PM 2 9:30 PM 4.5 5:00 PM 2 March 3, 2022 Post -Meeting recap, met with Ass't. 5:00 PM 7:00 PM 2 March 4, 2022 Meeting w/resident, call with Ass't. 9:30 AM 12:00 PM 2.5 March 4, 2022 Zoom meeting w/Housing Comm. 12:00 PM 1:00 PM 1 March 4, 2022 Calls/Emails to Residents 2:30 PM 6:00 PM 3.5 Page 4 of 12 YS Page 114 of 212 March 6, 2022 Talk to various TB members 10: 15 AM 12:45 PM 2.5 March 6, 2022 Attended PBA/Ukraine event 1:00 PM 2:00 PM 1 March 8, 2022 Village of Mamaroneck Comm for the 10: 00 AM 12:00 PM 2 Arts Call, call with Ass't. March 8, 2022 Meet w/Town Administrator 12:30 PM 2:00 PM 1.5 March 8, 2022 Emails to residents 2:00 PM 3:00 PM 1 March 8, 2022 Call w/Town Police 3:20 PM 3:50 PM .5 March 9, 2022 Meetings with Ass't, administrator 9:00AM 11:00 AM 2 March 9, 2022 Meeting at West Joint WaterWorks 3:00 PM 5:00 PM 2 March 9, 2022 Office prep Comprehensive Plan Mtg. 5:15 PM 9:00 PM 3.75 March 10, 2022 Chamber of Commerce Mtg, Office, 1:00 PM 6:00 PM 5 Call with Ass't. March 11, 2022 Office emails to residents, meet with 2:00 PM 4:30 PM 2.5 Ass't March 11, 2022 Office, calls to residents 4:30 PM 6:00 PM 1.5 March 12, 2022 Read Town Board packet 10:00 AM 12:00 PM 2 March 13, 2022 Read/Sent Emails 11:15 AM 12:00 PM .75 March 14, 2022 Office meetings/calls/meet w/Asst. 2:00 PM 6:00 PM 4 March 15, 2022 Phone calls (F/U and with Asst.) 9:00 AM 11:00 AM 2 March 15, 2022 In office, meetings/calls 3:00 PM 7:00 PM 4 Page 5 of 12 Page 115 of 212 March 15, 2022 Phone calls, review TB packet 8:00 PM 9:30 PM 1.5 March 16, 2022 Work re: Comprehensive Plan/Phone 10:00 AM 12:00 PM 2 Calls March 16, 2022 Prep for and at Town Board Meeting 3:00 PM 10:00 PM 7 March 17, 2022 Morning Calls with Ass't and Admin. 9:00 AM 11:00 AM 2 March 17, 2022 Office calls/emails 2:00 PM 6:00 PM 4 March 18, 2022 Morning Calls with Ass't and Admin. 9:15 AM 10:15 AM 1 March 18, 2022 Office calls/emails/meet with Ass't. 2:00 PM 6:00 PM 4 March 20, 2022 Participated in Sound Shore Parade 12:15 PM 3:45 PM 3.5 March 21, 2022 Morning Calls w/committee member 8:30 AM 11:00 AM 2.5 and Ass't. March 21, 2022 Office Meetings/Emails 3:00 PM 6:00 PM 3 March 22, 2022 West Joint Waterworks Meeting 3:00 PM 4:30 PM 1.5 March 22, 2022 Return Calls, meet with Ass't 5:00 PM 6:30 PM 1.5 March 22, 2022 Attended Recreation Dept Mtg 7:00 PM 8:30 PM 1.5 March 23, 2022 Senior Center Visit, meet with Ass't. 11:00 AM 1:30 PM 2.5 March 23, 2022 Office emails, meet with Ass't. 12:30 PM 2:30 PM 2 March 23, 2022 Meeting w/George Latimer 2:30 PM 3:30 PM 1 March 23, 2022 Office F/U emails/calls 3:30 PM 5:00 PM 1.5 Page 6 of 12 Page 116 of 212 March 23, 2022 Ribbon Cutting @ new town business 5:00 PM 6:30 PM 1.5 March 23, 2022 Zoning Board Meeting 9:00 PM 9:45 PM 1.75 March 24, 2022 On phone with Ass't re: f/u calls, 9:30 AM 10:30 AM 1 emails March 24, 2022 F/U emails, calls 1:30 PM 5:30 PM 4 March 24, 2022 LMC Media Interview 5:30 PM 6:00 PM .5 March 25, 2022 On phone w/ass't re: emails 9:30 AM 10:30 AM 1 March 25, 2022 Work on E-Newsletter 10:30 AM 11:30 AM 1 March 25, 2022 Office f/u emails, calls 2:00 PM 6:00 PM 4 March 28, 2022 On phone w/ass't re: followup 9:30 AM 10:30 AM 1 March 28, 2022 Meet at Hommocks Conservation 2:30 PM 3:30 PM 1 Area w/ enviro volunteers March 28, 2022 Office f/u calls, emails 3:30 PM 6:00 PM 2.5 March 28, 2022 Co-op Camp Fundraiser 6:00 PM 7:30 PM 1.5 March 28, 2022 Coastal Zone Mgmt. Comm Meeting 7:00 PM 8:00 PM 1 March 29, 2022 On phone w/Ass't re: F/U 9:00 AM 10:00 AM 1 March 29, 2022 Zoom Mtg re: affordable housing 10:00 AM 11:00 AM 1 March 29, 2022 Mtg w/Sustainability Committee (Co- 3:00 PM 4:00 PM 3 Chairs) March 29, 2022 Office f/u calls and emails 4:00 PM 6:00 PM 2 Page 7 of 12 Page 117 of 212 March 30, 2022 Call w/ass't re: F/U 9:30 AM 10:30 AM 1 March 30, 2022 Zoom Mtg w/Con Edison 11:00 AM 11:30 AM .5 March 30, 2022 Mtg with Comprehensive Plan 11:30 AM 1:30 PM 2 Consultant March 30, 2022 Office emails, calls 4:00 PM 6:30 PM 2.5 March 31, 2022 Phone w/ass't re: F/U 9:30 AM 10:30 AM 1 March 31, 2022 Comprehensive Plan catch-up Call 3:00 PM 3:30 PM .5 March 31, 2022 Office calls, emails 3:30 PM 6:30 PM 3 April 1, 2022 Meeting w/Town Clerk 8:30 AM 10:00 AM 1.5 April 1, 2022 Phone w/ass't re: F/U 10:00 AM 11:00 AM 1 April 1, 2022 Office calls, emails 2:00 PM 6:00 PM 3 April 2, 2022 Read Town Board packet and prep 10:00 AM 1:00 PM 3 for TB meeting April 4, 2022 Read Town Board packet and prep 1:00 PM 4:00 PM 3 for TB meeting, meet with Ass't. April 4, 2022 Office calls, emails 4:00 PM 7:00 PM 3 April 5, 2022 Prep for TB Meeting, meet with Ass't. 1:00 PM 3:00 PM 2 April 5, 2022 Zoom Mtg re: Comp. Plan 3:00 PM 4:00 PM 1 April 5, 2022 Work on Grant application 4:00 PM 8:00 PM 4 April 6, 2022 Work on Grant application, meet 11:00 AM 3:00 PM 4 with Ass't. Page 8 of 12 Page 118 of 212 April 6, 2022 Prep for TB Meeting, Call with Ass't. 2:00 PM 5:00 PM 3 April 6, 2022 TB Meeting 5:00 PM 10:30 PM 5.5 April 7, 2022 Work on grant application 12:00 PM 3:00 PM 3 April 7, 2022 Office f/u emails, calls 3:00 PM 9:00 PM 6 April 8, 2022 Work on grant application 12:00 PM 2:00 PM 2 April 8, 2022 Office f/u emails, calls, meet with 2:00 PM 6:00 PM 4 Ass/t April 9, 2022 Work on grant application 11:00 AM 3:30 PM 4.5 - April 10, 2022 Work on grant application 11:30 AM 3:30 PM 4 April 11, 2022 Wrote Support letters for NYS 9:00 AM 11:30 AM 2.5 Thruway Authority and for Town April 11, 2022 Attended Police Promotion 2:00 PM 2:30 PM .5 Ceremony April 11, 2022 Office — meetings and F/U emails, 2:30 PM 6:30 PM 4 calls, meet with Ass't. April 12, 2022 Office — review resident 1:00 PM 3:30 PM 2.5 calls/emails/met with Ass't. April 12, 2022 Conf Call w/Town Atty re: resident 3:30 PM 4:45 PM 1.25 issue April 12, 2022 Work on Comprehensive Plan 4:45 PM 6:00 PM 1.25 April 13, 2022 Review TB Mtg Agenda w/Town 2:00 PM 3:30 PM 1.5 Administrator April 13, 2022 Office Meetings, call with Ass't 3:30 PM 7:00 PM 3.5 April 14, 2022 Office (Mtgs, F/U emails, calls Ass't 3:00 PM 9:00 PM 6 and others) WMOA meeting Page 9 of 12 Page 119 of 212 April 15, 2022 Check emails, talk with Ass't. 9:30 AM 11:30 AM 2 April 15, 2022 Speak w/Town Administrator re: 2:00 PM 3:15 PM 1.25 Sanitation April 15, 2022 F/U calls to residents 3:30 PM 4:30 PM 1 April 18, 2022 Call w/resident re sidewalk complaint 10:00 AM 10:30 AM .5 April 18, 2022 Tour Washington Square n'borhood 11:00 AM 1:00 PM 2 w/resident April 18, 2022 Meet w/Town Administrator 2:00 PM 3:00 PM 1 April 18, 2022 Call with Comp Plan Consultant 3:00 PM 3:30 PM .5 April 18, 2022 County Conference Call 3:30 PM 4:30 PM 1 April 18, 2022 Mtg w/Town Administrator, Deputy 5:00 PM 7:00 PM 2 Town Admin., TB Member & Traffic Comm. Chair April 19, 2022 TVS (Town/Village/School) Meeting 12:00 PM 1:30 PM 1.5 April 19, 2022 Mtg with Larchmont Mayor 1:30 PM 3:00 PM 1.5 April 19, 2022 Call w/Comp. Plan Consultant 3:00 PM 3:30 PM .5 April 19, 2022 Office -- F/U Calls, Emails 3:30 PM 5:30 PM 2 April 19, 2022 Office —.Meeting w/Town Admin., 5:30 PM 6:30 PM 1 Town Atty, TB member April 19, 2022 Prep for Town Bd Meeting 7:30 PM 10:30 PM 3 April 20, 2022 Prep for Town Bd Meeting, met with 3:00 PM 5:00 PM 2 Ass't. April 20, 2022 Town Board Meeting 5:00 PM 9:30 PM 4.5 Page 10 of 12 r Page 120 of 212 April 21, 2022 In office — emails, meet with Ass't 9:00 AM 10:00 AM 1 April 21, 2022 Prep for Sanitation Meeting 1:00 PM 5:00 PM 4 April 21, 2022 Sanitation Meeting 6:00 PM 8:30 PM 2.5 April 22, 2022 Review calls w/Ass't 9:15 AM 11:00 AM 1.75 April 22, 2022 Prep for/Attend Larchmont Woman's 1:00 PM 3:00 PM 2 Club Meeting April 22, 2022 Office — F/U emails, calls 3:15 PM 5:45 PM 2.5 April 23, 2022 Attended community events 9:00 AM 3:00 PM 6 April 24, 2022 Attended Recreation Dept's "Bunny 8:15 AM 11:00 AM 2.75 Hop" event April 24, 2022 Comprehensive Plan work 1:00 PM 2:00 PM 1 April 25, 2022 Phone Calls & Correspondence 9:00 AM 10:30 AM 1.5 April 25, 2022 Call w/Ass't 1:00 PM 2:00 PM 1 April 25, 2022 Meeting at Hampshire Country Club 2:00 PM 3:00 PM 1 re: Town/Recreation Ideas April 25, 2022 Office F/U calls & emails 3:15 PM 6:15 PM 3 April 26, 2022 Office F/U calls & emails, meet with 1:45 PM 4:45 PM 3 Ass't. April 26, 2022 Westchester Joint Waterworks Mtg 4:45 PM 6:00 PM 1.25 April 26, 2022 Comprehensive Plan Meeting 7:00 PM 9:00 PM 2 April 27, 2022 F/U Phone Calls with Ass't. 9:30 AM 10:30 AM 1 Page 11 of 12 Page 121 of 212 April 27, 2022 Office F/U calls & emails 2:00 PM 6:00 PM 4 April 27, 2022 Traffic Committee Meeting 7:00 PM 9:00 PM 2 April 28, 2022 Calls and emails, Met with Ass't 9:00 AM 12:00 PM 2 April 28, 2022 Office Meetings and paperwork 2:00 PM 6:00 PM 4 April 29, 2022 Wrote Arbor Day speech 9:00 AM 10:00 AM 1 April 29, 2022 Attended Arbor Day ceremony 10:00 AM 11:00 AM 1 April 29, 2022 Work on E-Newsletter and 2:00 PM 6:00 PM 4 - Comprehensive Plan, met with Ass't April 30, 2022 Attended Compost Giveaway Event 9:00 AM 10:00 AM 1 Choose or enter Select Start Time Select End Time Enter date Number Add New Row Update Total To ensure three full months of active working days are reflected on the ROA, extend the period of the ROA by the amount of time used for vacations, illness, holidays or other reasons not worked during the three-month period. Once you have completed recording activities for a three-month period, print this worksheet and sign and date below. With my signature, I attest to the accuracy of the record provided above. Sign4re Page 12 of 12 Page 122 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Updates ATTACHMENTS: None Page 123 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Consideration of Local Law to Create Appointed Town Clerk Position ATTACHMENTS: 1. Full agenda item - creating the position of appointive Town Clerk Page 124 of 212 Town of Mamaroneck County of Westchester 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914/381-7815 FAX: 914/ 381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson, Town Administrator Allison May, Town Clerk From: William Maker, Jr., Attorney for the Town Subject: Creating the position of appointive Town Clerk Date: June 3, 2022 I attach a proposed local law that would convert the elective office of Town Clerk to an appointive position and a proposed proposition to be voted upon by the electorate at the required mandatory referendum. If the Town Board considers this proposed law worthy of public discussion, it may set a public hearing and after the hearing is closed, decide whether to enact it. 4M Printed on Recycled Paper W Page 125 of 212 Local Law No. - 2022 This local law shall be known as the "Changing of the office of Town Clerk from an elective office to an appointive office" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1— Purpose: The Town Board has determined that by changing the office of Town Clerk from an elective position to an appointive one the Town Board can select a person with the professional qualifications needed to serve the Mamaroneck community and perform the other tasks that the office of Town Clerk is called upon to perform. Furthermore, instead of operating independently, the office of Town Clerk should be integrated into the overall Town government under the immediate supervision of the Town Administrator, and ultimately be responsible to the Town Board, just like the other department heads, such as, the Assessor, the Building Inspector and the Superintendent of Recreation so that the Town government can function in a more coordinated manner. Section 2 — Repeal and replacement of a current chapter of the Mamaroneck Code: Article III of Chapter 26 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Article III ---- Town Clerk to be an Appointive Office § 26-8 Supersession of Town Law; Legislative authority. § 26-9 Elective office abolished. § 26-10 Appointive office created. § 26-11 Term of office. § 26-12 Mandatory referendum. § 26-8 Supersession of Town Law; Legislative authority. Portions of Town Law § 20 (1) (a) hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Town Law § 20 (1) (a), as it appears below, shall apply in the Town of Mamaroneck: "L (a) Every town of the first class shall have a supervisor, four town council members, unless the number of council members shall have been increased to six or decreased to two as provided by this chapter, a town clerk, two town justices, a town superintendent of highways, one assessor, a receiver of taxes and assessments, as many town police officers and such other employees as the town board may determine necessary for the proper conduct of the affairs of the town. The Page 126 of 212 supervisor, town [counsel] council members, [town clerk,] and town justices [, town superintendent of highways and receiver of taxes and assessments] in every such town shall be elective. All other officers and employees in such a town shall be appointed by the town board, except as otherwise provided by law. In any town in which a town police department has been established pursuant to law, or which town is a part of a county police district, the town board may appoint not more than four civil officers who shall possess all the powers and duties of constables in civil actions and proceedings only, and shall be paid no salary by the town board but shall be entitled to collect the statutory fees allowed by law in such civil actions and proceedings. The clerk of the court of a town shall be employed and discharged from employment only upon the advice and consent of the town justice or justices." This local law is adopted pursuant to the authority granted to the Town Board by Municipal Home Rule Law § §10 (1) (ii) (a) (1) and (d) (3). § 26-9 Elective office abolished. The elective office of Town Clerk is abolished. § 26-10 Appointive office created. The Town Clerk shall be an appointive office. The Town Board shall appoint the person to serve as Town Clerk. The person appointed shall have the professional qualifications to serve as Town Clerk which the Town Board, from time to time, shall determine to be required of the person holding the office of Town Clerk. § 26-11 Term of office. The term of the initial appointed Town Clerk shall commence immediately upon the person appointed taking the oath of office prescribed by Town Law § 25 and shall terminate on January 1, 2024. The term of the next appointed Town Clerk shall commence on the later of January 2, 2024 or the date when the person appointed takes the oath of office prescribed by Town Law § 25 and shall terminate on January 1, 2026. The term of all succeeding appointed Town Clerks shall commence on the later of the second day of January in each even -numbered year beginning with 2026 or the date when the person appointed takes the oath of office prescribed by Town Law § 25 and shall terminate on the first day of January in each even -numbered year after the year in which the term of such clerk has commenced. § 26-12 Mandatory referendum. In accordance with Municipal Home Rule Law § 23, this local law shall be subject to a mandatory referendum on a date and at a time to be selected by the Town Board. N Page 127 of 212 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 be filed with the Secretary of State but become operative only if it is approved by the affirmative vote of a majority of the qualified electors of the Town voting upon the proposition. June 3, 2022 3 Page 128 of 212 Proposition for the Mandatory Referendum Shall Local Law Number of 2022, entitled the "Changing of the office of Town Clerk from an elective office to an appointive office" Law which abolishes the elective position of Town Clerk and creates the appointive position of Town Clerk be approved for the Town of Mamaroneck? Yes No Page 129 of 212 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@Townofl\4amaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Cc: Robert Wasp, Town Engineer Re: Public Input Session - Section 4(f) De Minimus Action Determination — NYSDOT PIN 8815.27 — Routes 6 &125 Pavement & Pedestrian Improvements Date: June 16, 2022 NYSDOT is in the design planning phase for replacement of sidewalks along a portion of Weaver Street (NYS Rt 125). Replacement of sidewalks along the frontage of Town owned parcel "4-6-1", formerly known as the "Weaver Street Chapel" site is included in the state's project. Completed survey has determined that a portion of the sidewalk is located on the Town's property outside of the Weaver Street right-of-way. NYSDOT has initiated proceedings to acquire the small footprint of Town owned land to rectify the reconstructed sidewalks within the State right-of-way The Town owned parcel was historically dedicated to Mamaroneck Park District No. 1. Although the space is not formally utilized for park purposes, the dedication necessitates the subject determination to support acquisition. The NYSDOT's project will reconstruct sidewalks within their existing footprint and will not in any way encumber use of or access to the Town owned parcel. While this is project is deemed a de minimis impact, and will not adversely affect the property, we must provide the public with the opportunity to comment. Page 130 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Fire Claims ATTACHMENTS: 1. Fire Claims June 22 2022 Page 131 of 212 From: Tracy Yogman - Town Comptroller Re: Fire Claims Date: June 22, 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 Co., Inc Scott pak repairs, gas detector, battery, clips $ 411.03 Bound Tree Medical, LLC Lifepak CR Plus Defib battery 324.99 Champion Elevator Maintenance for month of June 2022 192.50 Con Edison Fire HQ gas service 4/29/22-5/31/22 476.49 Firefighters Equipment of NY Patch rip, remove pockets, stripe flap, coat 199.13 Galls, LLC Job shirt - Cassidy 67.76 Grainger Ceiling tiles 88.30 Home Depot Hardware supplies 65.05 Reimb - food for Live Fire Drill 6/11/22, Officer's meeting & Drill Hughes, Shaun 6/13/22, Ventilation Drill 6/3/22 421.59 K.R.B Inc. Building & ground supplies for fence 155.80 Landfall Rescue gloves, wetshoe, vests, lock knife, water helmet, bag 921.45 New England Uniform, LLC Bell Top hats (3) 400.00 Russo, Joseph Malwarebytes Anti-malware premium for 3 TMFD Computers 49.90 Sound Shore Pest Control Exterminating Services on 5/25/22 70.00 Tony's Nursery Inc. 6 EZ straw, hanging baskets, pots, 3 propane exchanged 361.81 TOM Fire Dept HP Elite Display Monitor, Dell UltraSharp 24" Full HD Display 491.27 UniFirst Corporation Cleaning Supplies - 5/27, 6/3, 6/10/22 527.90 Food for Explorer/New Member Drill 4/6, Stand By 5/17, Villa Maria Pizza Explorer/New Member Drill 6/1/22, Department Drill 6/14/22 574.63 WJWW 6" Metered Fire Service 4/26-5/25/22 37.00 WJWW 205 Weaver St charges 4/25-5/24/22 173.94 Total $ 6,010.54 Page 132 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Authorization - Cooperative Pricing Agreement with the Educational Services Commission of New Jersey ATTACHMENTS: 1. documents in work session Page 133 of 212 DOCUMENTS FOR THIS ITEM ARE LOCATED IN THE WORK SESSION Page 134 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Authorization - Readoption of Six 2022 Bond Resolutions ATTACHMENTS: 1. THIS DOCUMENT IS LOCATED IN THE WORK SESSION — AUTHORIZATION - READOPTION OF SIX 2022 BOND RESOLUTIONS Page 135 of 212 THIS DOCUMENT IS LOCATED IN THE WORK SESSION - AUTHORIZATION- READOPTION OF SIX 2022 BOND RESOLUTIONS Page 136 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Authorization of Contract Award — TA-22-07 — 2022 Resurfacing of Various Roads ATTACHMENTS: 1. documents in work session Page 137 of 212 DOCUMENTS FOR THIS ITEM ARE LOCATED IN THE WORK SESSION Page 138 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Authorization - Westchester Power MOU ATTACHMENTS: 1. documents in work session Page 139 of 212 DOCUMENTS FOR THIS ITEM ARE LOCATED IN THE WORK SESSION Page 140 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Authorization - Standard Work Day Reporting for Town Supervisor Jaine Elkind Eney ATTACHMENTS: 1. Supervisors Duties 2. Standard Work Day Reporting for Elected Officials - Town Supervisor 2022 Page 141 of 212 • Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@Townofl\4amaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Standard Work Day Reporting for Town Supervisor Jame Elkind Eney Date: June 17, 2022 Attached you will find Town Supervisor Jaine Elkind Eney's record of activities for her role as Town Supervisor. REQUESTED ACTION: BE IT RESOLVED, that the Town of Mamaroneck hereby established the following standard work days for these titles and will report the officials to the New York State and Local Retirement based on their record of activities. Page 142 of 212 Town of Mamaroneck Office of the Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 Allison May Mamaroneck Town Clerk MEMORANDUM DATE: June 14, 2022 TO: Town Board FROM: Town Clerk TEL:9141381-7870 FAX 9141381-7813 amay@town ofmamaroneckNY. org SUBJECT: Agenda Item TBM of June 22, 2022 - Standard Work Day Reporting for Elected and Appointed Officials Town Supervisor Jaine Elkind Eney has submitted a new three-month record of activities, for her new Town Supervisor role. This record of activities reflects 428 hours of activities. Attached, please find Supervisor Elkind-Eney's three-month record of activities and a resolution to be adopted by the Town Board. Page 143 of 212 w w cu L) y r O O p a o L O U ❑O N Y � Y o > \ a flY U o u a7'i m a 0 a J CDCL ma Z` `o C Y , N N W 0 0❑ C z m— Via•`- w M❑ d ❑❑ ❑ ❑❑❑ H u Y a c U LL d z d ❑ ❑ ❑ ❑ ❑ ❑ w O U) Y O T A � C ram.. N M N E O Z C H W N M CN C A U m L_ O d w a ~ U) C O 0 J Z z N VJ Z Q� C LLI ..0 m w C 0 ° 'u Z u Y 0 O w m v a u, � a } a3i z 0 w U) N L 0 U N Q Q ca E O N CC G 4— O 3 H N 0 -o m O m C C N 0 m N 0 N U N m � C1 N h co cn Q Y U `o h `o z N N 0 T m U) w C O c O U v C m C L O C Y U C 2 CO cu E W.- 0 C O m 3 N a� T O n E w co It LO 0 N C 2 cz m O N O C O MO W O m -o m O L C m N f4 •U C r 61 m m a ©oo Record of Activities Name Jaine Elkind Eney Title Town Supervisor Employer Town of Mamaroneck Activity Log • Use a new row for each activity. You must include the start and end times for each activity. • Enter the date, activity, start and end times, and the number of hours. In the Hours column, only enter numbers (i.e. 2.75). • To add a new row, click the "Add New Row" button. • To total the number of hours, click the "Update Total" button. Date Activity Start Time End Time Hours February 1, 2022 9am 11am 2 Read Town Board packet February 1, 2022 Phone 12:00 PM 3:30 PM 3.5 calls/Ass't/Administrator/Planning Bd. Chair/various members Town Bd. February 1, 2022 Meeting w/resident 3:30 PM 5:00 PM 1.5 February 1, 2022 Constituent phone calls, emails 5:00 PM 7:15 PM 2.25 February 2, 2022 Call with Town Administrator, Ass't 9:15 AM 9:45 AM .5 February 2, 2022 Meet Asst. to Sen. Schumer 8:30 AM 10:30 AM 2 February 2, 2022 Town Board Mtg Prep 2:30 PM 4:00 PM 1.5 February 2, 2022 Interview 4:00 PM 4:45 PM .75 February 2, 2022 Town Board Meeting 5:00 PM 10:00 PM 5 Page 1 of 12 Page 145 of 212 February 3, 2022 Meeting w/Comptroller 9:00 AM 9:30 AM ' .5 February 3, 2022 Talk w/Town Admin and Ass't ............. 10:00 AM 10:45 AM 75 February 3, 2022 Emails/phone calls to constituents 2:00 PM 4:00 PM 2 February 3, 2022 Zoom call 7:00 PM 8:00 PM 1 February 3, 2022 Talk w/Board Member 8:30 AM 9:15 AM .75 February 3, 2022 Talk w/Resident 4:00 PM 4:30 PM .5 February 4, 2022 Comprehensive Plan Call 1:00 PM 3:00 PM 2 February 4, 2022 In office meetings 3:00 PM 5:30 PM 2.5 February 4, 2022 WPATS Zoom Call, call w/Asst 11:00 AM 1:30 PM 2.5 February 7, 2022 Westchester County Call 3:30 PM 4:30 PM 1 February 7, 2022 Returning phone calls, meet w/Asst j 11:00 AM 3:00 PM 4 February 7, 2022 Work on Steering Committee 4:30 PM 5:30 PM 1 February 7, 2022 Fire Council Meeting 7:00 PM I 8:00 PM 1 February 8, 2022 Summit Meeting/Talk w/Asst 8:00 AM 10:15 AM 2.25 February 8, 2022 Westchester Joint Water Works Mtg 3:30 PM 5:00 PM 1.5 February 8, 2022 Mtg w/MHS Science Research 2:00 PM 3:00 PM 1 students February 8, 2022 Office mail/paperwork 1:00 PM 2:00 PM 1 f U - Page 2 of 12 Page 146 of 212 February 9, 2022 Meetings w/office staff inc. Ass't 2:00 PM 6:00 PM 4 February 9, 2022 Sanitation Zoom Meeting 6:00 PM 7:00 PM 1 February 10, 2022 Office calls/emails to residents and 2:00 PM 6:00 PM 4 meet w/Ass't February 11, 2022 Office calls/emails to residents and 2:00 PM 6:00 PM 4 meet w/Ass't February 13, 2022 NYCOM Conference, Albany and f/u 7:30 AM 5:30 PM 10 emails February 14, 2022 NYCOM Conference, Albany and call 8:00 AM 4:30 PM 8.5 with Ass't. February 15, 2022 Office returning phone calls, meet 12:00 PM 3:00 PM 3 with Ass't February 15, 2022 Read Town Board packet/prep for 3:00 PM 6:00 PM 3 mtg. February 15, 2022 Zoom meeting re retiring staff 6:00 PM 7:00 PM 1 member February 16, 2022 Return Phone Calls, meet w/Ass't 1:00 PM 3:00 PM 2 February 16, 2022 Town Bd Meeting Prep 4:00 PM 5:00 PM 1 February 16, 2022 Town Board Meeting 5:00 PM 10:00 PM 5 February 17, 2022 Prep Sanitation Meeting, meet 2:00 PM 5:00 PM 3 w/Ass't February 17, 2022 Sanitation Meeting 6:00 PM 8:30 PM 2.5 February 18, 2022 Meet w/Gov't Aide, call w/Ass't 8:00 AM 10:30 AM 2.5 February 18, 2022 Meetings w/staff and enviro. comm. 2:30 PM 6:00 PM 3.5 February 22, 2022 Office reading mail/documents, met 2:00 PM 6:00 PM 4 w/Ass't Page 3 of 12 � —U- Page 147 of 212 February 23, 2022 West. Joint Water Works Meeting 3:30 PM February 23, 2022 Returning Calls, call with Ass't 1:00 PM February 23, 2022 Returning Calls 4:30 PM February 24, 2022 Office Calls/Emails and met with 2:00 PM Ass't February 25, 2022 Meetings w/staff including Ass't 2:00 PM February 28, 2022 County Conference Call, Call with 2:30 PM Ass't February 28, 2022 Office Calls/Emails 4:30 PM March 1, 2022 Prep Town Bd Meeting, met with 2:00 PM Asst. March 1, 2022 Prep Comprehensive Plan Mtg 4:00 PM March 1, 2022 Comprehensive Plan Meeting 5:00 PM March 2, 2022 Meeting w/Town Clerk, Ass't. 2:30 PM March 2, 2022 Town Board Meeting 5:00 PM March 3, 2022 Meeting w/residents offsite 3:00 PM 5:OO PM 1.5 3:00 PM 2 6:00 PM 1.5 6:00 PM 4 6:00 PM ! 4 4:30 PM 2 6:30 PM 2 4:00 PM 2 5:00 PM 1 6:00 PM 1 4:30 PM 2 9:30 PM 4.5 5:00 PM 2 March 3, 2022 Post -Meeting recap, met with Ass't. 5:00 PM 7:00 PM 2 March 4, 2022 Meeting w/resident, call with Ass't. 9:30 AM 12:00 PM 2.5 March 4, 2022 Zoom meeting w/Housing Comm. 12:00 PM 1:00 PM 1 March 4, 2022 Calls/Emails to Residents 2:30 PM 6:00 PM 3.5 Page 4 of 12 YS Page 148 of 212 March 6, 2022 Talk to various TB members 10: 15 AM 12:45 PM 2.5 March 6, 2022 Attended PBA/Ukraine event 1:00 PM 2:00 PM 1 March 8, 2022 Village of Mamaroneck Comm for the 10: 00 AM 12:00 PM 2 Arts Call, call with Ass't. March 8, 2022 Meet w/Town Administrator 12:30 PM 2:00 PM 1.5 March 8, 2022 Emails to residents 2:00 PM 3:00 PM 1 March 8, 2022 Call w/Town Police 3:20 PM 3:50 PM .5 March 9, 2022 Meetings with Ass't, administrator 9:00AM 11:00 AM 2 March 9, 2022 Meeting at West Joint WaterWorks 3:00 PM 5:00 PM 2 March 9, 2022 Office prep Comprehensive Plan Mtg. 5:15 PM 9:00 PM 3.75 March 10, 2022 Chamber of Commerce Mtg, Office, 1:00 PM 6:00 PM 5 Call with Ass't. March 11, 2022 Office emails to residents, meet with 2:00 PM 4:30 PM 2.5 Ass't March 11, 2022 Office, calls to residents 4:30 PM 6:00 PM 1.5 March 12, 2022 Read Town Board packet 10:00 AM 12:00 PM 2 March 13, 2022 Read/Sent Emails 11:15 AM 12:00 PM .75 March 14, 2022 Office meetings/calls/meet w/Asst. 2:00 PM 6:00 PM 4 March 15, 2022 Phone calls (F/U and with Asst.) 9:00 AM 11:00 AM 2 March 15, 2022 In office, meetings/calls 3:00 PM 7:00 PM 4 Page 5 of 12 Page 149 of 212 March 15, 2022 Phone calls, review TB packet 8:00 PM 9:30 PM 1.5 March 16, 2022 Work re: Comprehensive Plan/Phone 10:00 AM 12:00 PM 2 Calls March 16, 2022 Prep for and at Town Board Meeting 3:00 PM 10:00 PM 7 March 17, 2022 Morning Calls with Ass't and Admin. 9:00 AM 11:00 AM 2 March 17, 2022 Office calls/emails 2:00 PM 6:00 PM 4 March 18, 2022 Morning Calls with Ass't and Admin. 9:15 AM 10:15 AM 1 March 18, 2022 Office calls/emails/meet with Ass't. 2:00 PM 6:00 PM 4 March 20, 2022 Participated in Sound Shore Parade 12:15 PM 3:45 PM 3.5 March 21, 2022 Morning Calls w/committee member 8:30 AM 11:00 AM 2.5 and Ass't. March 21, 2022 Office Meetings/Emails 3:00 PM 6:00 PM 3 March 22, 2022 West Joint Waterworks Meeting 3:00 PM 4:30 PM 1.5 March 22, 2022 Return Calls, meet with Ass't 5:00 PM 6:30 PM 1.5 March 22, 2022 Attended Recreation Dept Mtg 7:00 PM 8:30 PM 1.5 March 23, 2022 Senior Center Visit, meet with Ass't. 11:00 AM 1:30 PM 2.5 March 23, 2022 Office emails, meet with Ass't. 12:30 PM 2:30 PM 2 March 23, 2022 Meeting w/George Latimer 2:30 PM 3:30 PM 1 March 23, 2022 Office F/U emails/calls 3:30 PM 5:00 PM 1.5 � L Page 6 of 12 Page 150 of 212 March 23, 2022 Ribbon Cutting @ new town business 5:00 PM 6:30 PM 1.5 March 23, 2022 Zoning Board Meeting 9:00 PM 9:45 PM 1.75 March 24, 2022 On phone with Ass't re: f/u calls, 9:30 AM 10:30 AM 1 emails March 24, 2022 F/U emails, calls 1:30 PM 5:30 PM 4 March 24, 2022 LMC Media Interview 5:30 PM 6:00 PM .5 March 25, 2022 On phone w/ass't re: emails 9:30 AM 10:30 AM 1 March 25, 2022 Work on E-Newsletter 10:30 AM 11:30 AM 1 March 25, 2022 Office f/u emails, calls 2:00 PM 6:00 PM 4 March 28, 2022 On phone w/ass't re: followup 9:30 AM 10:30 AM 1 March 28, 2022 Meet at Hommocks Conservation 2:30 PM 3:30 PM 1 Area w/ enviro volunteers March 28, 2022 Office f/u calls, emails 3:30 PM 6:00 PM 2.5 March 28, 2022 Co-op Camp Fundraiser 6:00 PM 7:30 PM 1.5 March 28, 2022 Coastal Zone Mgmt. Comm Meeting 7:00 PM 8:00 PM 1 March 29, 2022 On phone w/Ass't re: F/U 9:00 AM 10:00 AM 1 March 29, 2022 Zoom Mtg re: affordable housing 10:00 AM 11:00 AM 1 March 29, 2022 Mtg w/Sustainability Committee (Co- 3:00 PM 4:00 PM 3 Chairs) March 29, 2022 Office f/u calls and emails 4:00 PM 6:00 PM 2 Page 7 of 12 Page 151 of 212 March 30, 2022 Call w/ass't re: F/U 9:30 AM 10:30 AM 1 March 30, 2022 Zoom Mtg w/Con Edison 11:00 AM 11:30 AM .5 March 30, 2022 Mtg with Comprehensive Plan 11:30 AM 1:30 PM 2 Consultant March 30, 2022 Office emails, calls 4:00 PM 6:30 PM 2.5 March 31, 2022 Phone w/ass't re: F/U 9:30 AM 10:30 AM 1 March 31, 2022 Comprehensive Plan catch-up Call 3:00 PM 3:30 PM .5 March 31, 2022 Office calls, emails 3:30 PM 6:30 PM 3 April 1, 2022 Meeting w/Town Clerk 8:30 AM 10:00 AM 1.5 April 1, 2022 Phone w/ass't re: F/U 10:00 AM 11:00 AM 1 April 1, 2022 Office calls, emails 2:00 PM 6:00 PM 3 April 2, 2022 Read Town Board packet and prep 10:00 AM 1:00 PM 3 for TB meeting April 4, 2022 Read Town Board packet and prep 1:00 PM 4:00 PM 3 for TB meeting, meet with Ass't. April 4, 2022 Office calls, emails 4:00 PM 7:00 PM 3 April 5, 2022 Prep for TB Meeting, meet with Ass't. 1:00 PM 3:00 PM 2 April 5, 2022 Zoom Mtg re: Comp. Plan 3:00 PM 4:00 PM 1 April 5, 2022 Work on Grant application 4:00 PM 8:00 PM 4 April 6, 2022 Work on Grant application, meet 11:00 AM 3:00 PM 4 with Ass't. Page 8 of 12 Page 152 of 212 April 6, 2022 Prep for TB Meeting, Call with Ass't. 2:00 PM 5:00 PM 3 April 6, 2022 TB Meeting 5:00 PM 10:30 PM 5.5 April 7, 2022 Work on grant application 12:00 PM 3:00 PM 3 April 7, 2022 Office f/u emails, calls 3:00 PM 9:00 PM 6 April 8, 2022 Work on grant application 12:00 PM 2:00 PM 2 April 8, 2022 Office f/u emails, calls, meet with 2:00 PM 6:00 PM 4 Ass/t April 9, 2022 Work on grant application 11:00 AM 3:30 PM 4.5 - April 10, 2022 Work on grant application 11:30 AM 3:30 PM 4 April 11, 2022 Wrote Support letters for NYS 9:00 AM 11:30 AM 2.5 Thruway Authority and for Town April 11, 2022 Attended Police Promotion 2:00 PM 2:30 PM .5 Ceremony April 11, 2022 Office — meetings and F/U emails, 2:30 PM 6:30 PM 4 calls, meet with Ass't. April 12, 2022 Office — review resident 1:00 PM 3:30 PM 2.5 calls/emails/met with Ass't. April 12, 2022 Conf Call w/Town Atty re: resident 3:30 PM 4:45 PM 1.25 issue April 12, 2022 Work on Comprehensive Plan 4:45 PM 6:00 PM 1.25 April 13, 2022 Review TB Mtg Agenda w/Town 2:00 PM 3:30 PM 1.5 Administrator April 13, 2022 Office Meetings, call with Ass't 3:30 PM 7:00 PM 3.5 April 14, 2022 Office (Mtgs, F/U emails, calls Ass't 3:00 PM 9:00 PM 6 and others) WMOA meeting Page 9 of 12 Page 153 of 212 April 15, 2022 Check emails, talk with Ass't. 9:30 AM 11:30 AM 2 April 15, 2022 Speak w/Town Administrator re: 2:00 PM 3:15 PM 1.25 Sanitation April 15, 2022 F/U calls to residents 3:30 PM 4:30 PM 1 April 18, 2022 Call w/resident re sidewalk complaint 10:00 AM 10:30 AM .5 April 18, 2022 Tour Washington Square n'borhood 11:00 AM 1:00 PM 2 w/resident April 18, 2022 Meet w/Town Administrator 2:00 PM 3:00 PM 1 April 18, 2022 Call with Comp Plan Consultant 3:00 PM 3:30 PM .5 April 18, 2022 County Conference Call 3:30 PM 4:30 PM 1 April 18, 2022 Mtg w/Town Administrator, Deputy 5:00 PM 7:00 PM 2 Town Admin., TB Member & Traffic Comm. Chair April 19, 2022 TVS (Town/Village/School) Meeting 12:00 PM 1:30 PM 1.5 April 19, 2022 Mtg with Larchmont Mayor 1:30 PM 3:00 PM 1.5 April 19, 2022 Call w/Comp. Plan Consultant 3:00 PM 3:30 PM .5 April 19, 2022 Office -- F/U Calls, Emails 3:30 PM 5:30 PM 2 April 19, 2022 Office —.Meeting w/Town Admin., 5:30 PM 6:30 PM 1 Town Atty, TB member April 19, 2022 Prep for Town Bd Meeting 7:30 PM 10:30 PM 3 April 20, 2022 Prep for Town Bd Meeting, met with 3:00 PM 5:00 PM 2 Ass't. April 20, 2022 Town Board Meeting 5:00 PM 9:30 PM 4.5 Page 10 of 12 r Page 154 of 212 April 21, 2022 In office — emails, meet with Ass't 9:00 AM 10:00 AM 1 April 21, 2022 Prep for Sanitation Meeting 1:00 PM 5:00 PM 4 April 21, 2022 Sanitation Meeting 6:00 PM 8:30 PM 2.5 April 22, 2022 Review calls w/Ass't 9:15 AM 11:00 AM 1.75 April 22, 2022 Prep for/Attend Larchmont Woman's 1:00 PM 3:00 PM 2 Club Meeting April 22, 2022 Office — F/U emails, calls 3:15 PM 5:45 PM 2.5 April 23, 2022 Attended community events 9:00 AM 3:00 PM 6 April 24, 2022 Attended Recreation Dept's "Bunny 8:15 AM 11:00 AM 2.75 Hop" event April 24, 2022 Comprehensive Plan work 1:00 PM 2:00 PM 1 April 25, 2022 Phone Calls & Correspondence 9:00 AM 10:30 AM 1.5 April 25, 2022 Call w/Ass't 1:00 PM 2:00 PM 1 April 25, 2022 Meeting at Hampshire Country Club 2:00 PM 3:00 PM 1 re: Town/Recreation Ideas April 25, 2022 Office F/U calls & emails 3:15 PM 6:15 PM 3 April 26, 2022 Office F/U calls & emails, meet with 1:45 PM 4:45 PM 3 Ass't. April 26, 2022 Westchester Joint Waterworks Mtg 4:45 PM 6:00 PM 1.25 April 26, 2022 Comprehensive Plan Meeting 7:00 PM 9:00 PM 2 April 27, 2022 F/U Phone Calls with Ass't. 9:30 AM 10:30 AM 1 Page 11 of 12 Page 155 of 212 April 27, 2022 Office F/U calls & emails 2:00 PM 6:00 PM 4 April 27, 2022 Traffic Committee Meeting 7:00 PM 9:00 PM 2 April 28, 2022 Calls and emails, Met with Ass't 9:00 AM 12:00 PM 2 April 28, 2022 Office Meetings and paperwork 2:00 PM 6:00 PM 4 April 29, 2022 Wrote Arbor Day speech 9:00 AM 10:00 AM 1 April 29, 2022 Attended Arbor Day ceremony 10:00 AM 11:00 AM 1 April 29, 2022 Work on E-Newsletter and 2:00 PM 6:00 PM 4 - Comprehensive Plan, met with Ass't April 30, 2022 Attended Compost Giveaway Event 9:00 AM 10:00 AM 1 Choose or enter Select Start Time Select End Time Enter date Number Add New Row Update Total To ensure three full months of active working days are reflected on the ROA, extend the period of the ROA by the amount of time used for vacations, illness, holidays or other reasons not worked during the three-month period. Once you have completed recording activities for a three-month period, print this worksheet and sign and date below. With my signature, I attest to the accuracy of the record provided above. Sign4re Page 12 of 12 Page 156 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: Consideration of Certiorari ATTACHMENTS: None Page 157 of 212 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: June 22, 2022 SUBJECT: May 4, 2022 ATTACHMENTS: 1. 2022-05-04 Working Minutes Page 158 of 212 May 4, 2022 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE MAMARONECK TOWN BOARD HELD MAY 4, 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, 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. 1. Discussion - Community Development Block Grant ("CDBG") - New Harmon Drive Sidewalk Improvement Administrator Robson presented the project to the Town Board for authorization. At the last meeting, the Town Board had requested that Administrator Robson request several changes to the language within the Senior Center Parking Lot contract which contains the same language. The County would not accept any changes. The Board discussed the pros and cons of accepting the CDBG for the New Harmon Drive Sidewalk Improvement and then agreed to put on the agenda for the Regular Meeting later in the evening. Page 159 of 212 May 4, 2022 2. Discussion - Community Development Block Grant ("CDBG") - Senior Center Parking Lot Improvements Administrator Robson presented the project to the Town Board for authorization for the second time. At the last meeting, the Town Board had requested that Administrator Robson request several changes to the language within the contract. The County would not accept any changes. The Board discussed the pros and cons of accepting the CDBG for the Senior Center Parking Lot and then agreed to put on the agenda for the Regular Meeting later in the evening. 3. Discussion - Revised Sustainable Westchester Memorandum of Understanding for Participation in the Short -Term Westchester Power Extension Contract for Communities in the Con Edison Service Territory Supervisor Elkind Eney updated the Town Board, noting that Sustainable Westchester had gone out for bids and the bids were higher than what the Town Board had approved at 12.5 cents. The energy market is volatile. Sustainable Westchester had hoped to keep the increase in energy costs below 12.5 cents per KH. It appears they will need the leeway to purchase energy at up to 13.9 cents. They have asked participating municipalities to approve the larger increase. After a brief discussion of various bid results and the timing of them, the Town Board agreed to raise the ceiling to 13.9 cents and put on the agenda for the Regular Meeting later in the evening. 4. Discussion - Proposed Town Center Signage Administrator Robson presented a proposal for new signage in the Town Center 5. 2022 Operating Budget Amendments Comptroller Yogman presented two Operating Budget Amendments to fund the grant writer and traffic consultant. The 2022 Adopted Operating Budget included about half the funding for a grant writer, so the first recommended budget transfer from Contingency is for $22,000, to provide the additional funds needed to cover the annual cost. The second recommended transfer from Contingency of $9,550 is for the pedestrian improvements at New Jefferson Street at North Chatsworth Avenue, where the price was slightly higher than anticipated. 6. 2022 Capital Budget Amendments Comptroller Yogman reviewed funding sources and proposed a reallocation of the fund balance to use against several capital projects and one-time expenses, instead of going to bond. 7. Operating Budget Report - Q12022 Every quarter Comptroller Yogman reviews the Town budget. This quarter she highlighted the impact of inflation affecting our operating expenses. Our debt service will increase for new bonds as interest rates rise. We will earn a bit more interest income to offset that inflation. On page 126, she pointed to a quick estimate of budget for revenues and expenses. Mortgage tax is coming in a little higher than last year and is expected to decrease in subsequent quarters, but Comptroller Yogman thinks we are in 2 Page 160 of 212 May 4, 2022 good shape as we have budgeted appropriately. Comptroller Yogman is projecting $100,000 higher in both Mortgage and Sales Tax than the respective budgets. 2022 Town and County Tax collection has been good, and the Town has collected 99.6% as of today. As always, we must remit the full amount of County taxes due, whether they are all collected or not. The Town Board asked about vacancies within the Comptroller's department. Administrator Robson explained that we are considering purchasing new software and reviewing strategically how our personnel needs might change going forward, because of that software. B. Capital Budget Report - Q1 2022 Ms. Yogman presented a list of projects to be bonded in 2022. If the Board accepts this list, resolutions will be provided for approval at the next Town Board Meeting. UPDATES — Out of Order The Town Board provided updates on their various activities during the past two weeks. Town Attorney Maker is going to research a special election this year to convert the position of Town Clerk from an elected to an appointed position. Administrator Robson mentioned that we would expect an update at the June 16 meeting. The Association of Towns has not provided any additional information and we have received no word yet from the State Attorney. 5G- Town Attorney Maker has reviewed the draft with staff and is incorporating changes based on this feedback. Town Attorney Maker mentioned that the draft from the consultant was not in the form of a local law, so will be a process, open for public and Town Board commentary and changes. The Town Board should expect to have for first review in June. Assistant to the Town Administrator, Lindsey Luft presented an update on the Town of Mamaroneck website redesign project. The tentative go live date for the new site is June 14, 2022. Changes will be ongoing. The Town Board requested that Lindsey Luft review the following: Perhaps SDG should be on left under resident hub; location of the Tax Role; consider Budget be put in 'Our Town, Our Future' section; and under 'Resident Hub' include metal/furniture pick up and include general sanitation information. See Attachment A. EXECUTIVE SESSION On motion of Councilman King, seconded by Councilwoman Nichinsky, the Board unanimously agreed to enter an Executive Session to discuss the proposed acquisition of property and the employment history of a particular person. On motion of Councilwoman Katz, seconded by Councilman King the Board unanimously agreed to resume the Regular Meeting. 3 Page 161 of 212 May 4, 2022 9. Presentation - Comprehensive Plan Update Consultants, Tiffany Zezula and Kevin Dworka presented the Town Board with a status report of where they are in the Comprehensive Plan process. They have finished most of their initial fact finding and are working on a community needs assessment. They have started the branding of the effort: TOM, Together our Mamaroneck, Our Town, Our Future. They have created the experience people will have for the next few months. On May 24t" there will be a big push to include everyone possible in a Listening Session. Next steps after may include a survey and the steering committee may attend various public Town events, like movies in the park, to seek participation. The first Comprehensive Plan Pop -Up Listening Meeting was held in Washington Square on May 4th. It was structured so that first attendees signed in, and then they chose to attend either one breakout session or rotate through as many as three breakouts that included: what are your ideas of Town for next ten years; the Town of Mamaroneck's challenges; and what do we want to preserve/what do we love. In general, people wanted to hear more about the timeline and what is involved in a Comprehensive Plan. The other meetings will run same way, with residents being welcomed and then introduced to the Comprehensive Plan process. Greeters will be stationed at the entrance so that they can explain the process to latecomers. Facilitators will be instructed to focus on Town (to avoid Village information/ideas). Materials including maps and scripts will be provided to the steering committee for use at these events. The Consultants reported on their visit to the high school on May 4th. The students liked cross walks and traffic safety. Housing is an issue, because if they return after college they don't know where they could live. They were not satisfied with all the services and expressed a need for more restaurants. Teacher Joe Liberti will continue to run sessions and will market to the schools. Six areas have been identified thus far: Land Use, Services, Economic, Housing, Environment and Transportation. The Consultants then reviewed the development, framework and workplan. The Town Board asked if the same questions would be covered at each event and pop up throughout the summer, the answer was yes. The Town Board asked about extracting data from police reform, what the plan is on how we will address and reach out to that small segment of the Town? The Consultants confirmed they may need to reach out to some populations more directly to ensure the discussion is inclusive. Data analysis will be key, and the Consultants will show our Town's breakdown in comparison with Westchester County and our neighbors. They can drill down to review housing cost burden, to analyze home ownership level. Representations, income levels and housing access can describe and guide the conversation and ask about composition and how it affects you? Where you want to be in 10 years? The Consultants can look at how one comment affects a data trend, but to avoid lack of representation we need to ensure that all voices are at the table. The Consultants pointed out that it may take a while to get the community to think about the community and what needs to happen. Prompts can be key. How the facilitators react and ask 4 Page 162 of 212 May 4, 2022 questions are important. Then, the Consultants will show how the data connects to what the people have said and how we are getting to a policy that we are promoting. There was a question from the Steering Committee about the population of those who work in community and don't live here. Could that be incorporated in another way? The Consultants said that may arise in the housing burden discussion. The Consultants urged the Town Board to observe in the pop-up meetings on May 24th and suggested to maybe let the residents participate. The Consultants will call and talk to all the Town Board to let them have a voice in the Comprehensive Plan. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:06p.m. Supervisor Elkind Eney wished 'May the Fourth be with you' to all the Star Wars lovers! Supervisor Elkind Eney noted that the Town Board met for a work session beginning at five o'clock this evening. STAFF COMMENTS/PRESENTATIONS — OUT OF ORDER 1. Larchmont Volunteer Ambulance Corp ("LVAC") Proclamation Supervisor Elkind Eney welcomed the Larchmont Volunteer Ambulance Corp to the meeting. Supervisor Elkind Eney noted that in 1972, a small group of citizens got together to organize emergency medical services for our community. Since then, they have consistently served us and the number of calls they have responded to have continued to increase over the years. By the early 1990's they were answering an average of 850 calls a year, a large increase from the 1970's. Now they are averaging 1,500 calls a year. They continue to carry on the tradition of serving our community, so we are here today to honor them. Supervisor Elkind Eney presented a Proclamation to the representatives of LVAC. On behalf of membership and the officers, Chief John Pomponio of Larchmont VAC, thanked the Town Board, the elected officials, and the community. John Pomponio and Kris Mueller accepted the award. Senator Steve Otis was impressed by their 50 years of service and noted that was more longevity than most communities on the Sound Shore. He mentioned that these are challenging times and that we have a lot of work to do to support you. Senator Shelley Mayer noted that being exposed to such a fantastic LVAC has been eye opening. Their work on the front lines during challenging times continuously during Ida, COVID, and flooding has been truly remarkable. She congratulated them and thanked them for their work. 2. Senator Shelley Mayer, Assemblyman Steve Otis— EMS Legislation Presentation Senator Shelley Mayer thanked the Town Board for inviting them to present their proposed legislation. Senator Mayer said that the longstanding, state-wide shortage of EMS providers was brought to their attention by Chris Bradbury in Rye Brook. After many meetings with stakeholders, it was clear that it is 5 Page 163 of 212 May 4, 2022 a very complex regulatory oversight with flaws that need to be addressed. Senator Mayer reviewed the five elements raised by both paid EMS and administrators: • First, as a citizen when you need emergency services you think they will come. EMS workers wanted to be classified an essential service, as they are as essential as Police and Fire. • Second, wanted to address the challenges of recruiting by providing health insurance, which is currently limited. Senator Mayer wanted a path forward, to expand Empire Plan to all EMS employees, so that this could be a career path. • Third, they wanted to expand pension access for EMS workers, again to ensure it is a path to a good job with retirement. • Fourth, they believe municipalities should be required to provide EMS services. Some municipalities like the Town of Mamaroneck have taken it on, but many have not. There is a need to codify that EMS are medical providers not just transporters. • Finally, they wanted to establish uniform standards, address shared resources, and set a minimum standard of care, through regional and state EMS councils to guarantee all New Yorkers are receiving quality care. Senator Mayer proposed a bill in the Senate, and their upstate colleagues were supportive. They are now working with other groups to address various regional needs. Senator Mayer and Assemblyman Otis are trying to improve the life and work of EMS employees and have started a (big) conversation statewide. Assemblyman Steve Otis mentioned he had learned the complexity of the issue and is now seeking improvement and standardization. Even within Westchester there are different structural, legal, and financial ways municipalities provide this service. When you try to fix one part, you might unravel other issues, and they do not want unintended consequences. Other municipalities have been great collaborators. It is very important because people are having medical emergencies and there is no one responding, so we must address. Senator Mayer added that this is a national problem. Now at the national level, there is more funding and more attention being paid to the need recruit and retain. Supervisor Elkind Eney thanked Senator Mayer and Assemblyman Otis for being involved and being such amazing partners and she was thankful to have them representing us. Councilwoman Katz asked about volunteer firefighters and if this applied to them as well. Senator Mayor noted that this bill is really to address the EMS side, not the firefighter side. Councilwoman Nichinsky thanked Senator Mayor and Assemblyman Otis you for educating us and for bringing this bill forward. Senator Mayor and Assemblyman Otis thanked the Town Board for all they do. 3. Chief Creazzo —Quarterly Update -- Police Department Report 15t Quarter 2022 Police Chief Paul Creazzo presented his quarterly report and is entered into the record as follows: The following is a breakdown of some of the activities of the department from January 15t to March 315t, 2022. Overall Activity 6 Page 164 of 212 May 4, 2022 Total Calls 2638 Criminal Cases 65 Auto Accidents 38 Medical Service Calls 137 (33 with no injury, 5 with injury) We opened the quarter during the COVID Omnicron surge, we had several members of the Department contract the virus during this time. We are aware of the new variants that are surfacing, and we remain vigilant. In terms of crime, the increase in catalytic converter thefts has been in the news both locally and nationally. We saw a short burst of catalytic converter thefts in the Town in late January and early February with one reported in mid -March. A total of 8 catalytic converter thefts were reported in the 15Y Quarter. Patrols have been increased in the areas most susceptible to the thefts and the Department participated in a multi -agency task force aimed at combatting catalytic converter thefts. Crimes of opportunity such as theft from vehicles and identity theft have been reported as well. The best defense is to remove the opportunity. Lock your doors, install exterior lighting, keep valuables out of sight, secure personal information. The quarter also had several notable arrests. In January we arrested several suspects for mail theft thanks to an observant resident who provided a good description and a diligent patrol officer who spotted the fleeing vehicle as she was responding to the call location. In February we worked in conjunction with the County Burglary Task Force and arrested two subjects in connections with a residential burglary that occurred in the Town. In March we arrested two subjects after a Detective Division investigation for Grand Larceny related to check fraud in the amount of approximately $78,000. Training Activity The members of the Department completed 712 hours of training. Some of the training included: • Firearms Training —408hours • FBI-LEEDA Leadership Training — 80 hours • Principled Policing Instructor Training —64 hours • Child Passenger Safety Technician Training — 64 hours • Force Science — Us of Force Analyst Training — 40 hours • NYS Accreditation Manager Training — 32 hours • Rifle Armorer's Course — 16 hours • 911 Mental Health Diversion Training-8 hours Community Outreach/Events Two Officers were certified as Child Passenger Safety Technicians and our child safety seat program is up and running. The technicians have installed 8 seats as of March 31s'. Any resident can set up an appointment for a seat installation by phone or email. The registration form is posted on the Department Website. 7 Page 165 of 212 May 4, 2022 The PBA sponsored a 'Stuff the Cruiser' event on March 5th and 6th at the Ferndale Shopping Center for Ukrainian relief supplies. The response and support from the public was overwhelming. A total of five vehicles worth of relief supplies were collected and sent to Ukraine. Miscellaneous In January, the Police Department hired one Police Officer which filled our one open slot. That Officer has completed field training and is now working with the Patrol Division. Recruiting has been a challenge nationally, having our roster filled is beneficial for the community. We have equipped al the patrol vehicles with mobile phones which have been programmed to enhance our radio capabilities. In addition to normal phone functions several resources such as state and local law references have been added to them to help Officers on the street. Two translator apps that were suggested during our police reform review have also been installed on the phone. Additionally, the AT&T Language Line is now accessible in the field. We have been diligently working with our partners at Lexipol on the policy manual rewrite. We have roughly 20 policies updated and ready for publishing. That work will continue until complete. The project is time consuming however the goal is to have the manual completed by the end of the year. The second quarter is going to be busy for the Department as we continue to rewrite policies, undertake numerous training initiatives, and begin the process of New York State Accreditation. Councilman King commented that he has a fifth grader at Mamaroneck Avenue School in the Village of Mamaroneck School that had attended a D.A.R.E. program. Councilman King wondered if there had been any discussion to reinstitute D.A.R.E. in the Town? Chief Creazzo noted that the program had been reviewed a while back and there had been some questions about results. Chief Creazzo acknowledged that the program was successful in getting the students speaking with police officers. Supervisor Elkind Eney thanked Chief Creazzo for his service and the quarterly update. SUPERVISOR'S REPORT Welcome to the May 4, 2022 meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session in Conference Room C starting at 5:00pm, which is open to the Public. First, there are some commemorations this week: This week, the first week in May, is National Public Service Employees Week. While our Administrator will discuss this more fully, 1 just want to say, on behalf of the Town Board and the residents of the Town of Mamaroneck that our staff, each and every department, under the leadership of our Town Administrator, Meredith Robson, are exemplars of public service. They are dedicated, professional and caring and we can't thank them enough for all they do. This is also National Hurricane Preparedness Week. Hurricane season is June 1 to November 1, so now is the time to prepare. We have posted information on our website that will help you be prepared. Obviously, it's better to do so now, than to wait until one is upon us and things are chaotic the stores are out of the necessary supplies. 8 Page 166 of 212 May 4, 2022 Today is also International Firefighter Day. International Firefighters Day is celebrated every year on May 4th to recognize and honor the sacrifices of firefighters who risk their lives for others. The Town of Mamaroneck Firefighters do that and so much more for our community. I thank them from the bottom of my heart for all they do for us each and every day. And stay safe! FIRE DEPARTMENT. Installation Ceremony: I was honored to swear in the officers of the TMFD. It was so great to be able to celebrate them again. While we have been unable to celebrate them properly, they haven't skipped a beat in delivering essential services and more to our community Fire Department Open House: The TMFD held an open house this month. It was a chance for the community to come see the firehouse, the firetrucks, and learn about what the TMFD does for the community. They are always looking for more volunteers. If interested call 834-2192 and press 3. COMPREHENSIVE PLAN I want to update you about the Comprehensive Plan. The Town Board met with our consultants, Tiffany Zezula and Kevin Dworka and they gave us a status report of where they are in the process. They have finished most of their fact finding and are working on a community needs assessment. Today, we started our public engagement. Tiffany and her staff did outreach at the HS in Joe Liberti's OCRA class. The Students were asked what they liked and disliked about the Town of Mamaroneck and we had a pop-up public engagement session at Washington Square. We have 3 events scheduled for May 24-10:30-11:30 at the Senior Center, 1:30-3:30 at the TMFD and 7-9 at the Hommocks Park Ice Rink. Public Engagement is critical to the success of the Plan so please please try to come to one of the sessions. If you are unable, there will be more in the future. Speaking Engagements: I had two opportunities this month to speak about my favorite topic: The Town of Mamaroneck I, along with Mayor Tom Murphy of the Village of Mamaroneck and Deputy Mayor Sarah Bauer of the Village of Larchmont spoke to the Women's Club of Larchmont about each of our communities. I thought the meeting was informative and well received. 1 was asked to speak on a one -hour radio show on WVOX with Former Town Supervisor Valerie O'Keeffe. 1 enjoyed speaking with her about the state of the Town. Earth Day Events: There were a lot of events around the Town centered around earth day and arbor day I attended, with Abby Katz, the LGCA breakfast on Fernwood Bridge and Cleanup along the brook. Some even went into the brook to clean. I attended the annual Town Cleanup along with over 30 volunteers. This year the cleanup was at the Sheldrake Trails. They collected 7 bags of trash and 4 bags of recyclables. Thank you to my assistant, sustainability coordinator, Sue Odierna and environmental planner, Elizabeth Aitchison for organizing the event and to Trader Joe's for donating tasty snacks for the volunteers. The Town hosted an Arbor Day event where we planted a native dogwood tree at the Senior Center that the Seniors will enjoy for years to come. This was the 150t" Anniversary of Arbor Day and the 30tn Year the Town has been honored by the Arbor Day Foundation as a Tree City USA. Again, I want to thank my assistant, sustainability coordinator, Sue Odierno and environmental planner, Elizabeth Aitchison for organizing the event and the Highway Department for making it happen. 9 Page 167 of 212 May 4, 2022 Compost Giveaway: Over 150 Residents took advantage of our Fifth Annual Compost Giveaway at the Maxwell Avenue Recycling Center this past Saturday. The program is our way of saying thank you to the residents who choose to recycle their food scraps. Thank you to the Sustainability Collaborative for arranging this and a special thank you to the Sanitation Commission for their invaluable help in instituting the Food Scrap Recycling Program in 2017 and their continuing support in this annual event. Athletic Events: Bunny Hop -- On April 25, which was a lovely spring day, we had our annual 5K Run and Lil Bunny Hop. Over 340 residents participated. Thank you to the Rec for hosting another great event as well as, TMFD, TMPD, VAC, and the Highway Department who helped make it happen. Ice Breaker Tournament -- The Annual Ice Breaker Tournament is the "Woodstock of Hockey Tournaments" We had 4 days of Hockey, friends, family, music, food and drink at the Hommocks Park Ice Rink. Over 200 players, three divisions, 14 teams, 29 games, fans from ages 3mos to almost 90, 45 pizzas, 750 Hot Dogs, Z200 wings, four six-foot wedges and one man who made it all happen! Thank you, Dan Demasi! All tournament proceeds go to the Hommocks Ice Rink Trust Fund which is used to pay for improvements to our rink. Finally, Meetings: I attended a Westchester Joint Waterworks Meeting where we continue to work on the operation of this vital municipal service, a Sustainability Collaborative Meeting which Robin will tell you about, a Traffic Committee Meeting which Abby will tell you about, and a Joint Sanitation Meeting of the Town Board and the VOL Board where we continued discussions on the future structure of the Sanitation Commission. Memorial Day Parade 5126 Parade Route from Chatsworth Avenue at the Train Station to the LFD where there will be hot dogs. Parade Starts at 7:00pm. ADMINISTRATOR'S REPORT Administrator Robson addressed Public Service Recognition Week -- something near and dear to her heart. Since 1985, Public Service Recognition Week has been celebrated the first week of May each year. This week honors the dedicated Federal, State, Tribal, and local public servants who serve at those various levels of government but noted that it is our local employees here in the Town of Mamaroneck that we truly want to acknowledge and celebrate. Administrator Robson then reviewed many of our local Public Servant roles and thanked all the municipal employees, as well as our volunteers here at the Town. CITIZEN'S COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board. There was no one in the audience that wanted to address the Town Board. 10 Page 168 of 212 May 4, 2022 BOARD OF FIRE COMMISSIONERS Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Katz, 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 Nichinsky, 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 See Attachment B. There being no further business to come before the Commission, on motion of Commissioner King, seconded by Commissioner Nichinsky, the Commission unanimously adjourned and the Town Board reconvened. 11 Page 169 of 212 May 4, 2022 2. Other Fire Department Business Commissioner Elkind Eney read the Fire Alarm Report for the Month of April 2022 as submitted by Chief Hughes as follows: ALARM TYPE NUMBER Generals 25 Minors 18 Stills 2 Out of Town (Mutual Aid) 0 EMS 41 Drills 3 TOTAL 89 Total number of personnel responding: 463 Total time working: 32 hours and 1 minutes See Attachment C. There being no further business to come before the Commission, on motion of Commissioner King, seconded by Commissioner Nichinsky, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Approval - Community Development Block Grant ("CDBG") - New Harmon Drive Sidewalk Improvement On motion Councilwoman Katz, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board hereby approves the agreement with Westchester County for the Community Block Development Grant for the New Harmon Drive Sidewalk Improvement 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 12 Page 170 of 212 May 4, 2022 King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 2. Approval - Community Development Block Grant ("CDBG") - Senior Center Parking Lot Improvements On motion Councilwoman Nichinsky, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board hereby approves the agreement with Westchester County for the Community Block Development 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. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 3. Authorization - Revised 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 Councilman King, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board hereby authorizes the Town Administrator to sign the revised Memorandum of Understanding for Participation in the Short -Term Westchester Power Extension Contract for Communities in the Con Edison Service Territory 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 13 Page 171 of 212 May 4, 2022 4. Certiorari - 1 On motion Councilwoman Katz, and seconded by Councilman King, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Property: Greenwich Associates 1385 Mamaroneck Avenue Section/Block/Lot: 4-11-196.2 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction Reduced Assessment 2016 $3,090,000 $700,000 $2,390,000 2017 $3,350,000 $900,000 $2,450,000 2018 $3,350,000 $890,000 $2,460,000 2019 $3,350,000 $850,000 $2,500,000 2020 $3,350,000 $750,000 $2,600,000 2021 $3,350,000 $850,000 $2,500,000 The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 14 Page 172 of 212 May 4, 2022 Certiorari - 2 On motion Councilwoman Katz, and seconded by Councilwoman Nichinsky, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Property: Jack McKiernan/335 McLink LLC 333 Mamaroneck Avenue Section/Block/Lot: 9-6-17 and 9-6-270.2 Town of Mamaroneck/Village of Mamaroneck Year Assessment Amount of Reduction 2016 $2,265,000 $185,000 2017 $2,265,000 $215,000 The above resolution was put to a roll call vote: 5. 2022 Operating Budget Amendments Reduced Assessment Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye On motion Councilman King, seconded by Councilwoman Katz, it was $2,080,000 $2,050,000 RESOLVED, that the Mamaroneck Town Board hereby approves the 2022 Operating Budget Amendments as presented by the Town Administrator. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye 15 Page 173 of 212 May 4, 2022 6. 2022 Capital Budget Amendments On motion Councilwoman Katz, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Mamaroneck Town Board hereby approves the 2022 Capital Budget Amendments as presented by the Town Administrator. The above resolution was put to a roll call vote: Nichinsky Aye King Aye Fiddelman Aye Katz Aye Elkind Eney Aye REPORT OF MINUTES Minutes from 4/6/2022 and 4/20/22 were approved. Councilwoman Katz made a motion, and Councilman King seconded; all were in favor. REPORTS OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. NEXT REGULARLY SCHEDULED TOWN BOARD MEETING: Wednesday, May 18, 2022 ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilman King meeting was unanimously adjourned. Submitted by Allison May, Town Clerk 16 Page 174 of 212 May 4, 2022 Attachment A Tentative "Go Live" Date for Redesigned Website - June 14 Global Navigation Resident Hub Departments Government About the Town Administration Architectural Review Board Municipal Street List Ambulance District Assessment Review Board Documents Library Assessment Coastal Zone Management Commission Leaf Blowers Building & Code Enforcement Ethics Board Metal Pickup Clerk Housing Authority Online Payments Community Services Library Board of Trustees Garbage & Recycling Comptroller Planning Board Sign Up For Alerts Conservation Racial Equity Task Force Town Code Court Recreation Commission Engineering Sanitation Commission Fire Sustainability Collaborative Highway & Central Garage Energy Benchmarking Police Healthy Yards Recreation Love Your Food Supervisor Town Board Traffic Committee Zoning Board of Appeals Our Town, Our Future Capital Projects Comprehensive Plan Emergency Management Circle Buttons Sign Up For Alerts BIDS/RFP Agendas & Minutes Join Our Team 17 Page 175 of 212 May 4, 2022 Attachment B 18 Page 176 of 212 May 4, 2022 Town of Mamaroneck From: Tracy Yogman - Town Comptroller Re: Fire Claims Date: May 4, 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: Hydrotest only- recharge oxygen (3), Air Compressor System AAA Emergency Supply Co., Inc service call $ 1,267.50 Amazon.Com Alarm system repairs, tools, career staff uniform 579.46 High Density Fog Mix for Monthly and Fast Drill, (2) wireless Amazon.Com keyboards for Alarm Room computers and Energizer batteries 483.74 Fire -End and Croker Firefighter white helmet - Rapp 278.98 Hand wash pot/pan cleaner, ground protection mat, stencil number Grainger & letter kit, cigarette lighter adapter 153.73 Home Depot Took, Hot Shot insect spray, silicon caulk, 5/8" 100ft water hose 96.57 Home Depot Paint and paint supplies, landscaping supplies 194.28 Napolitano, Keith Reimb. mileage to Montour falls for Fire Officer 2 Class 278.46 Optimum Cable Services for 4/23-5/22/22 271.05 Precision Plumbing & Heating Troubleshoot hot water in showers, basement, kitchen and laundry 225.00 Signs Plus Date Change to Open House Banner 20.00 Target Solutions Learning TS Premier Membership and Maintenance fee for Online Training 1,924.55 Town of Mam'k PFF Life Insurance for Career Staff - January -March 2022 770.29 Food for Monthly Drill - 4/19, Extrication Drill 4/21, supplies for Town of Mam'k Fire Dept TMFD Open House (Recruitment & Fire Prevention Event) 4/23/22 626.17 UnlFirst Corporation Cleaning supplies 4/15, 4/22/22 325.67 Vehzon Fire HQ service 4/10-5/9/22 267.99 VCS Fire Dept. Software 1 Year Renewal, Automation Module, EDB, Visual Computer Solutions, Inc Payroll Export Module 1,294.71 WJWW 205 Weaver St charges 2/24-3/25/22 _ 96.52 Attachment C Total $ 9,154.67 QD' Fi r-e Clogs ZCerz�Dr4 Motion of Second by Motion of Second by F_=EE/ N K F K EE ,! Page 166 of 177 19 Page 177 of 212 May 4, 2022 TOWN OF MAMARONECK FIRE DEPARTMENT OFFICE OF THE CHIEF � A17, WEAVER STREET 1 Is] To: Board of Fire Commissioners From: Chief Shaun Hughes Date: May 2, 2022 Re: Fire Report for the Month of April 2022 Headquarters 205 WEAVER STREET LARCH MONT. NEW YORK 10538 834-2100 EMERGENCY 834-2101 - NON EMERGENCY 834-2438 CHIEFS OFFICE 934-0922 - FAX W W W.TMFD.ORG The following report outlines response to calls made during the month of April 2022. It summarizes the nature, the number of personnel responding and the total time spent. I have also attached a report showing a further breakdown of these alarms. Alarm Type Number Generals ' Minors 18 Stills 2 Out of Town Mutual Aid 0 EMS 41 Drills 3 TOTAL 89 Total number of personnel responding: 463 Total time working: 32 hours and 1 minutes Respectfully Submitted, Chief Shaun Hughes Attachment C (Cont.) 20 Page 178 of 212 May 4, 2022 Incident TvDe Count Report Date Ranee: From 4/l/2022 To 4/30/2022 Selected Station(s): All Incident Type Description Count Station: 311 - Medical assist, assist EMS crew 1 1.15% Total - Rescue & Emergency Medical Service Incidents 1 100.00% Total for Station Station: EMS 321 - EMS call, excluding vehicle accident with injury 41 47.13% Total - Rescue & Emergency Medical Service Incidents 41 100.00% Total for Station Station: HO 142 - Brush, or brush and grass mixture fire Total- Fires 41 47.13% 1.15% 322F - Vehicle accident with injuries 6 6.90% 324F - Motor vehicle accident with no injuries 1 1.15% 353F - Removal of victim(s) from stalled elevator 2 2.30%6 Total - Rescue & Emergency Medical Service Incidents 9 20.930/6 410 - Flammable gas or liquid condition, other 412 - Gas leak (natural gas or LPG) Total - Hazardous Conditions (No fire) 511 - Lock -out 520 - Water problem, other 551 - Assist police or other governmental agency Total - Service Call 651 - Smoke scare, odor of smoke Total - Good Intent Call 1 1.15% 3 3.45% 4 9.30% 1 1.15% 1 1.15% 1 1.15% 3 6.98% 1 1.15% 1 2.33% 700 - False alarm or false call, other 1 1.15% 736 - CO detector activation due to malfunction 5 5.75% 740 - Unintentional transmission of alarm, other '_ 2.30% 743 - Smoke detector activation, no fire - unintentional 6 6.90% 745 - Alarm system sounded, no fire - unintentional 10 11.49% 746 - Carbon monoxide detector activation, no CO 1 1.15% Total - Fals Alarm & False Call 25 58.14% Total for Station Station: STIL 553 - Public service Total - Service Call 743 - Smoke detector activation, no fire - unintentional Total - Fals Alarm & False Call Total for Station 43 49.43% 1 1.15% 1 50.00% 1 1.15% 1 50.00% 2 2.30% 87 100.00% Page I of 1 Printed 05/02/2022 07:16:17 21 Page 179 of 212 June 8, 2022 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE MAMARONECK TOWN BOARD HELD JUNE 8, 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 (Work Session Only) 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, 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 Fiddelman, seconded by Councilman King, the Work Session was unanimously opened at 5:00 p.m. 1. Discussion —Tree Law The Town Board reviewed several topics regarding the Tree Law that had been discussed at the last Work Session. Administrator Robson to consult with Environmental Planner Aitchison on wetlands and steep slopes. 2. Discussion —Town Center Operations Administrator Robson began a discussion on the results of a survey and analysis of Town Center Operations, and the Town Board discussed various security topics. 3. Review— Bid TA-22-08 — Hommocks Rink Exterior Door Replacement The Town Board discussed the bid results and agreed to add to tonight's agenda. 4. Discussion — Creating the Position of Appointive Town Clerk Attorney Maker presented the proposed local law on making the Town Clerk position appointed. The Town Board agreed to add to put on tonight's agenda to set a public hearing on June 22, 2022. Page 180 of 212 June 8, 2022 5. Review — Fire Engine IMA Administrator Robson presented the proposed Fire Engine IMA. The Town Board agreed to add to tonight's agenda and approve with a few minor changes. 6. Review— Sanitation IMA Administrator Robson presented the proposed Sanitation IMA and the Town Board agreed to add to tonight's agenda. 7. Review— Draft Local Law Regarding Wireless Telecommunications Facilities Attorney Maker walked the Town Board through the proposed Local Law. The Town Board agreed to review again, once all updates and corrections had been included. OUT OF ORDER — Steve Altieri walked the Town Board through continued evaluation of Sanitation Services and memo dated June 2, 2022 (Appendix A). 8. 2022 Capital Budget Amendments Comptroller Yogman presented the proposed Capital Budget Amendments. The Town Board agreed to add to tonight's agenda. 9. Discussion —Town Board Meeting Dates for July and August The Town Board discussed potential meeting dates for the Town Board during the summer months: of July 13, 2022, at 5pm; an extra work session/special meeting to accommodate the Tree Law on Tuesday, July 19, 2022, at 5:30pm; and August 17, 2022, for August at 5pm. 10. Updates The Fireman's Parade in the Village of Mamaroneck is on June 29th. Community Choice Aggregation is suspended. Hommocks Solar Panel Credit is not yet being reflected in Coned Bills. The history of Hillside Bridge and the need to reinstate the funding was discussed. 11. Request for Executive Session On motion of Councilwoman Fiddelman, seconded by Councilman King, the Board unanimously agreed to enter an Executive Session to discuss the employment history of a particular individual and potential litigation. On motion of Councilman King, seconded by Councilwoman Katz, the Board unanimously agreed to resume the Work Session. 2 Page 181 of 212 June 8, 2022 CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney in the Courtroom of the second floor at the Town Center at 8:15 p.m. On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman the Board unanimously agreed to begin the Regular Meeting. SUPERVISOR'S REPORT Welcome to the June 8, 2022, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session in Conference Room C starting at 5:00pm, which is open to the Public. COMPREHENSIVE PLAN I want to update you about the Comprehensive Plan. Our first Listening Sessions held on May 4th and May 24th were a tremendous success! Over 200 residents attended to give us their ideas of how they envision the future of the Town of Mamaroneck. Topics such as recreation and open space, housing needs and choices, transportation, community services, economic development and more were discussed with Town Board members, our consulting team and Steering Committee members. If you have not yet had an opportunity to express your views, there will be more listening sessions scheduled. This is just the beginning, and our aim is to give you ample opportunities to make your voice heard. After all, this is your Town! JUNE 1ST IS AN IMPORTANT DATE, AND YOU'LL SEE WHY Leaf Blower Ban in Effect: The Town's gasoline -powered leaf blower ban goes into effect from June 1st through September 30th. If you utilize the services of a gardener or landscaper, please remind them of this regulation. Hurricane Season: Officially begins in the Atlantic Ocean on June 1. Now is the time to prepare, not when a storm is bearing down and there isn't a D battery to be found in Westchester County. We have information on our website on the ambulance district page and there are other websites such as NOAA which have pertinent information. Westchester County: The County has taken two steps to help mitigate the effects of high gasoline prices: 1. Beeline bus fares have been waived from June 1-September 6 2. From June 1-August 31 there is a capon the County's collection of sales tax on gas purchases equal to the cost of the tax with gas at $3.00 per gallon. Anything over $3.00 per gallon is tax free The County is assessing other possible fees or costs to residents that could be waived in order to provide relief toward the impacts of inflation. Community Choice Aggregation: As you may recall, representatives of Sustainable Westchester appeared at the April 6 Board meeting to present the latest information about Community Choice Aggregation, a program where residents of the member communities are bundled together to purchase electric power, 3 Page 182 of 212 June 8, 2022 taking advantage of economies of scale. Due to the volatility of the market, Sustainable Westchester was unable to secure a satisfactory electricity supply contract to commence following the expiration of the current contract on June 30. All current customers will be switched back to Con Edison utility supply starting on their first meter reading after June 30. There will be no interruption in service. Sustainable Westchester is continuing to work on the program. We will keep you posted on any progress to reinstate the program. Congressman Bowman: On June 3ra 1 had the pleasure of giving our Congressman, Jamaal Bowman a tour of the Town last Friday. We spent an hour driving around. This gave me the opportunity to discuss the needs of our community with him. Sanitation Commission Meeting: On June 7th, I attended a Sanitation Commission Meeting where we accepted the resignation of Steve Altieri who has been the Superintendent of Sanitation since 1990 and appointed Meredith Robson to succeed him. I want to thank Steve for all he has done for the Commission and am happy the Commission will be in such good hands with Meredith. Events: LGCA Annual Meeting: On May 23rd I was pleased to have the opportunity to speak at the annual LGCA meeting. I enjoyed speaking to the residents and addressing their concerns about the issues that affect the Larchmont Gardens area of the Town. Flooding was, of course, a hot topic at the meeting. Community Counseling Center Reopening: On June 1, some of us attended the grand reopening of the Community Counseling Center after it had been seriously damaged during Hurricane Ida. The Community Counseling Center provides a vital service in our community supporting local children and families. We're glad the doors are open again! Thank you to Dr. Mark Levy and the entire staff of the CCC for all you do for our community. Senior Art Show: On June 41, Abby and I attended the opening of the 4811 Annual Senior Art show at the Oresman Gallery of the Library. The art show features paintings in every medium by Seniors attending the art class at our Senior Center, taught by Patricia Miner- Sutherland who has been teaching the class since 1974. The works of art are incredible! Mamaroneck Historic Society: On June 5rh, some of us attended an event at the 1816 School House at Harbor Island Honoring John Pritts and Gail Boyle who spearhead the effort to raise money to save the eight Historic Murals that had been displayed at MHS for decades and were in danger of being destroyed or covered up as a result of a construction project at the High School. Kudos to John and Gail for preserving our history. Several Memorial Day Events: Various members of the Board and I attended several events commemorating Memorial Day, It was my honor to attend the 75th Anniversary Rededication Ceremony at Kemper Memorial Park outside of Mamaroneck High School on May 25th. Along with Town Board members and our First Responders, 1 marched in the Town of Mamaroneck/Village of Larchmont Parade on May 261h, as well as American Legion Post 90's Parade in the Village of Mamaroneck on the 291h . In addition to Post 90, VFW David Potts Jr. Post 1156 and American Legion Post 347 also hosted observances in our community. I'd like to personally thank Commanders Bill Goodenough, Frank Maresca and Al Bender who each organize and host respectful ceremonies in remembrance of the courageous men and women who did not return home. Farewell to Rob Lunde and Denise Cookingham This month we said goodbye and happy retirement to long-time Hommocks Park Ice Rink General Manager, Rob Lunde. 4 Page 183 of 212 June 8, 2022 Rob began his tenure with the Town in 1978 when he was hired as a camp counselor and tennis court attendant. In the years that followed, Rob held positions as concession stand attendant, skate guard and assistant night manager before being promoted to General Manager in 1990. Though there have been many rink improvements that Rob oversaw over the years, the most significant was the complete upgrade of the rink's mechanical systems, ice mat, lighting, dasherboards, and bleachers in 2014, as well as the construction of six new locker rooms dedicated in the fall of 2021. Through his over four decades at the rink, Rob created a community that drew generations the rink. He was loved by residents and staff alike. Rob was known for his dedication to the rink and its users and his "can do" attitude. As just one example, he worked long hours by himself to install the locker room benches so the locker rooms would be ready in time for the ribbon cutting. Enjoy your retirement, Rob, you will be truly missed!! Also retiring this month is Denise Cookingham who has held the position of Town of Mamaroneck Court Clerk since January 1994 after working as an Assistant Clerk in the Town of Greenburgh's Justice Court. As Court Clerk for almost three decades, Denise has been responsible for the daily activities and administration of the Court which handles a wide array of cases, including criminal, civil, small claims and landlord/tenant matters, as well as Town ordinance violations. All who work -- or come into contact -- with Denise will tell you she displays a meticulous attention to detail and is efficient and professional in all her duties. We all wish Denise a much deserved and wonderful retirement. PUBLIC HEARINGS 1. "Implementation of Videoconferencing by Public Bodies in the Town of Mamaroneck" The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, June 8, 2022 at 8:00 PM or as soon thereafter as is possible, to consider the Implementation of Videoconferencing by Public Bodies in the Town of Mamaroneck" law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: On April 9, 2022, Governor Hochul signed into law a bill that adds section 103-a to the Public Officers Law. That amendment allows local communities when extraordinary circumstances exist, to expand the use of videoconferencing when conducting open meetings even when no emergency is declared. This local law adds a chapter to the Town Code that implements this amendment to the Public Officers 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/. 5 Page 184 of 212 June 8, 2022 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: May 26, 2022 On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the Public Hearing was unanimously opened. Mr. Maker explained the law and Supervisor Elkind Eney asked if any Town Board Members or the public wished to comment. There were no additional comments or questions. On motion of Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously closed. On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the following Local law was approved: Local Law No. 3 - 2022 This local law shall be known as the "Implementation of Videoconferencing by Public Bodies in the Town of Mamaroneck" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck PRESENT: Supervisor Jaine Elkind Eney Councilwoman Abby Katz Councilwoman Sabrina Fiddelman Councilwoman Robin Nichinsky ABSENT: Councilman Jeffery L. King Section 1— Purpose: On April 9, 2022, Governor Hochul signed into law a bill that adds section 103-a to the Public Officers Law. That amendment allows local communities when extraordinary circumstances exist, to expand the use of videoconferencing when conducting open meetings even when no emergency is declared. This local law adds a chapter to the Town Code that implements this amendment to the Public Officers Law. Section 2 — Addition of a chapter to the Mamaroneck Code: 6 Page 185 of 212 June 8, 2022 The Code of the Town of Mamaroneck hereby is amended to add the following new chapter: Chapter 228 Videoconferencing of Public Meetings § 228-1 Definitions. § 228-2 Discretion to use videoconferencing. § 228-3 Requirement to attend; excuse for not being physically present. § 228-4 Public notice of videoconferencing. § 228-5 Videoconferencing. § 228-6 Requirements for the videoconferencing media. § 228-7 Minutes. § 228-8 Recordings of a meeting where videoconferencing is used. § 228-9 Compliance with the written procedure requirement. § 228-10 Exemption. § 228-11 Sunset provision. § 228-1 Definitions. Unless otherwise expressly stated, wherever used in this chapter, the following terms shall have these meanings: EXECUTIVE SESSION The same meaning as that term has in New York Public Officers Law § 105. EXTRAORDINARY CIRCUMSTANCES A disability, a hospitalization, an illness, caregiving responsibilities, exposure to a serious communicable disease, the hospitalization, death or illness of a relative or a significant or unexpected factor or event that prevents a member of a public body from being physically present at the location of such public body's meeting. PUBLIC BODY The Town Board, the Board of Appeals, the Board of Architectural Review, the Board of Assessment Review, the Planning Board, the Recreation Commission and the Town of Mamaroneck Housing Authority. § 228-2 Discretion to use videoconferencing. At its discretion, a public body may employ videoconferencing during any meeting that is required to be open to the general public pursuant to article 7 of the New York Public Officers Law even in the absence of a declaration of emergency, provided that a quorum of the members of a public body are present in the same physical location where members of the public can attend such meeting and such body complies with this chapter. § 228-3 Requirement to attend; excuse for not being physically present. 7 Page 186 of 212 June 8, 2022 Members of the public body shall be physically present at the location of such meeting unless a member is unable to be physically present due to extraordinary circumstances. If the public body exercises its discretion under § 228-2 of the Code, a member of the public body who is not physically present at the location of such meeting due to extraordinary circumstances may participate at such meeting and vote on any matters on which the public body votes by means of videoconferencing. The extraordinary circumstance preventing that member's physical attendance shall be announced during the meeting. § 228-4 Public notice of videoconferencing. If it is contemplated that videoconferencing will be used at a meeting, the public notice for that meeting shall inform the public that videoconferencing will be used, where the public can view and/or participate in such meeting, where required documents and records will be posted or be available and identify the physical location where the public can attend the meeting. § 228-5 Videoconferencing. A. 'Except in the case of executive sessions, the videoconferencing shall enable members of the public body to be heard, seen and identified while the meeting is being conducted, including those portions of the meeting where any motions, proposals, resolutions and any other matter are discussed and voted upon. B. Members of the public shall have the opportunity to view such meeting through video and to participate by way of videoconferencing in real time at times when public comment or participation is authorized by law or by the procedural rules of the public body in a way similar to the way members of the public who are physically present at the meeting are allowed to comment or participate at such meeting. § 228-6 Requirements for the videoconferencing media. The videoconferencing media shall utilize technology that permits access by members of the public with disabilities in a manner that is consistent with the 1990 Americans with Disabilities Act, as amended, and its corresponding guidelines and regulations. § 228-7 Minutes. The minutes of any meeting where videoconferencing is used shall include which members participated remotely and shall be made available to the members of the public pursuant to New York Public Officers Law § 106. § 228-8 Recordings of a meeting where videoconferencing is used. The public body shall provide that each meeting where videoconferencing is used be recorded and that such recording be posted or linked on the public website of the Town of Mamaroneck within five business days following the meeting. The recording shall not contain discussions during an executive session or during recesses to obtain advice of counsel. The recording shall remain available on the website for a minimum of five years after the meeting was adjourned. Such recordings shall be transcribed upon request at a cost equivalent to the rate charged by a court reporter for transcribing the minutes of a trial or hearing. 8 Page 187 of 212 June 8, 2022 § 228-9 Compliance with the written procedure requirement. This local law is deemed to be the written procedures governing member and public attendance required by New York Public Officers Law § 103-a (2) (b). It shall be posted conspicuously on the Town of Mamaroneck's web site. § 228-10 Exemption. The requirement for physical presence by members of a public body contained in § 228-3 of the Code shall not apply during a state disaster emergency declared by the Governor pursuant to section twenty- eight of the New York Executive Law, or a local state of emergency proclaimed by the County Executive of Westchester County or the Supervisor of the Town of Mamaroneck pursuant to section twenty-four of the New York Executive Law, if the public body determines that the circumstances that led to the declaration of a state disaster emergency or a local state of emergency would affect or impair the ability of the public body to conduct an in -person meeting. § 228-11 Sunset provision. This local law shall expire and be deemed repealed on July 1, 2024. 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. 2. 2022 Water District Public Interest Order and Bond Resolution PRESENT: Supervisor Jaine Elkind Eney Councilwoman Abby Katz Councilwoman Sabrina Fiddelman Councilwoman Robin Nichinsky ABSENT: Councilman Jeffery L. King At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Center, in Mamaroneck, New York in said Town, on June 8, 2022, at 8:00 o'clock P.M., Prevailing Time. 9 Page 188 of 212 June 8, 2022 In the Matter of The Increase and Improvement of the Facilities of the Water District No. 1, in the Town of Mamaroneck, Westchester County, New York PUBLIC INTEREST ORDER WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of the Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, being the Town's share of certain preliminary engineering and other planning expenses in connection with the cost of the following Westchester Joint Water Works projects: a) improvements to the Rye Lake Filtration Facility ($189,000), and b) reconstruction of water storage tanks ($613,800), in each case including incidental expenses in connection therewith, at an aggregate maximum estimated cost of $802,800 and WHEREAS, at a meeting of said Town Board duly called and held on May 18, 2022, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of the Water District No. 1 in said Town at an aggregate maximum estimated cost of $802,800, and to hear all persons interested in the subject thereof concerning the same at the Town Center, in Mamaroneck, New York, in said Town, on June 8, 2022, at 8:00 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of the Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the Town's share of certain preliminary engineering and other planning expenses in connection with the cost of the following Westchester Joint Water Works projects: a) improvements to the Rye Lake Filtration Facility ($189,000), and b) reconstruction of water storage tanks ($613,800), in each case including incidental expenses in connection therewith, at an aggregate maximum estimated cost of $802,800. Section 2. This Order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as 10 Page 189 of 212 June 8, 2022 follows: Nichinsky Aye Fiddelman Aye Katz Aye Elkind Eney Aye The Order was thereupon declared duly adopted. Bond Resolution The following resolution was offered by Councilwoman Fiddelman who moved its adoption, seconded by Councilwoman Nichinsky to -wit: BOND RESOLUTION DATED JUNE 8, 2022. A RESOLUTION AUTHORIZING THE ISSUANCE OF $802,800 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE WATER DISTRICT NO. 1, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of the Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, at an aggregate maximum estimated cost of $802,800; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as such, will not have any significant adverse effect on the environment NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the Town's share of certain preliminary engineering and other planning expenses in connection with the cost of the following Westchester Joint Water Works projects: a) improvements to the Rye Lake Filtration Facility ($189,000), and b) reconstruction of water storage tanks ($613,800), in 11 Page 190 of 212 June 8, 2022 each case including incidental expenses in connection therewith, there are hereby authorized to be issued an aggregate $802,800 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is an aggregate $802,800, which specific object or purpose is hereby authorized at said maximum estimated cost, and that the plan forthe financing thereof is by the issuance of the $802,800 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Water District No. 1 as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the Newyork State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. 12 Page 191 of 212 June 8, 2022 Section 8. The Supervisor is hereby further authorized, at her sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Nichinsky Aye Fiddelman Aye Katz Aye Elkind Eney Aye The resolution was thereupon declared duly adopted. RESIDENT COMMENTS Mrs. Anne Goode, of 19 Jason Lane, addressed the Board regarding the Teen Travel camp having been cancelled abruptly on Tuesday. It was just three weeks before the start of camp and earlier that morning camp forms had been requested. Mrs. Goode finds it problematic that Recreation did not ask the Town Board or the Recreation Committee for ideas. She suggested that Recreation could have 13 Page 192 of 212 June 8, 2022 looked at additional alternatives, perhaps working together with another municipality. Mrs. Goode said there was a lack of respect and transparency not up to the level most had come to expect of the Town. Dependability for the long-term is in question. If the Recreation Department is going to get out of a (Teen) segment of the business, they should be more public about it and raise awareness, so parents know what to expect. She suggested that if Recreation had any inkling that the program would not run, they should have shared that with all the parents. For perspective, if a parent would have changed their mind on Tuesday, they would not have gotten any money back. Mrs. Goode noted that the Town probably received a lot of phone calls about the canceling of the Teen Travel Program. BOARD OF FIRE COMMISSIONERS Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Katz, seconded by Commissioner Fiddelman, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Robin Nichinsky Fire Claims On motion of Commissioner Katz, seconded by Commissioner Fiddelman, it was RESOLVED that this Commission does hereby authorize payment of the following Fire Department Claims (Attachment B) 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 Fiddelman Aye Commissioner Katz Aye Commissioner Elkind Eney Aye 14 Page 193 of 212 June 8, 2022 2. Other Fire Department Business Commissioner Elkind Eney read the Fire Report for the Month of May (Attachment C) as submitted by Chief Hughes as follows: ALARM TYPE NUMBER Generals 3 Minors 11 Stills 1 Out of Town (Mutual Aid) 1 EMS 48 Drills 2 TOTAL 93 Total number of personnel responding: 397 Total time working: 31 hours and 10 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. Authorization —Contract Award -- TA-22-08 — Hommocks Rink Exterior Door Replacement On motion Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Mamaroneck Town Board hereby approves the agreement with C & M Door Controls Inc. for work on the Hommocks Rink Exterior Door Replacement 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: 2. Authorization — Fire Engine IMA Nichinsky Aye Fiddelman Aye Katz Aye Elkind Eney Aye 15 Page 194 of 212 June 8, 2022 On motion Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board hereby approves the agreement with the Village of Mamaroneck for use of a certain firetruck 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 Fiddelman Aye Katz Aye Elkind Eney Aye 3. Authorization —Sanitation IMA On motion Councilwoman Katz, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Mamaroneck Town Board hereby approves the IMA for reimbursement to the Village of Larchmont and the Town of Mamaroneck 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 Fiddelman Aye Katz Aye Elkind Eney Aye 4. SalarV Authorization — DeputV Town Clerk On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board hereby authorizes for Jennifer Gonzalez as Deputy Town Clerk an annual salary of $56,625, effective immediately. The above resolution was put to a roll call vote: Nichinsky Aye Fiddelman Aye Katz Aye Elkind Eney Aye 16 Page 195 of 212 June 8, 2022 5. Authorization -- 2022 Capital Budget Amendments On motion of Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, it was unanimously RESOLVED, that the Mamaroneck Town Board hereby authorizes the Town Comptroller to make the necessary budget amendments, as presented. The above resolution was put to a roll call vote: Nichinsky Aye Fiddelman Aye Katz Aye Elkind Eney Aye 6. Set Town Board Meeting Dates for July and August On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board hereby authorizes the Town Board meet The Town board will have one meeting in July on the 13th at 5pm for the work session and 8pm for the Regular Meeting. On July 19th, we will have a work session at Senior Center at 5:30pm to discuss the Tree Law. And in August, the Town Board meeting will be held on August 17th with a work session at 5pm and 8pm Regular Meeting. The above resolution was put to a roll call vote: Nichinsky Aye Fiddelman Aye Katz Aye Elkind Eney Aye 7. Settlement of Certiorari - Lungiarello On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Michael Lungiariello 425 Center Avenue Section/Block/Lot: 80-30-63 Town of Mamaroneck/Village of Mamaroneck 17 Page 196 of 212 June 8, 2022 Year Assessment Amount of Reduction 2021 $980,00.000 $931,000.00 The above resolution was put to a roll call vote: Nichinsky King Fiddelman Katz Elkind Eney 8. Settlement of Certiorari - Lungiarello Reduced Assessment $49,000.00 Aye Aye Aye Aye Aye On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Angela Spadaro 232 Mamaroneck Avenue Section/Block/Lot: 9-7-347 Town of Mamaroneck/Village of Mamaroneck Year 2016 2017 2018 2019 2020 2021 Assessment $1,190,000 $1,190,000 $1,190,000 $1,190,000 $1,190,000 $1,190,000 Amount of Reduction $265,000 $320,000 $320,000 $280,000 $265,000 $265,000 Fayette Avenue Section/Block/Lot: 8-30-137 Town of Mamaroneck/Village of Mamaroneck Year Assessment 2016 $225,000 2017 $225,000 2018 $225,000 2019 $225,000 2020 $225,000 2021 $225,000 422 Fayette Avenue Section/Block/Lot: 8-30-142 Amount of Reduction $60,000 $60,000 $55,000 $60,000 $50,000 $50,000 Reduced Assessment $925,000 $870,000 $870,000 $910,000 $925,000 $925,000 Reduced Assessment $165,000 $165,000 $170,000 $165,000 $175,000 $175,000 18 Page 197 of 212 June 8, 2022 Town of Mamaroneck/Village of Mamaroneck Year 2016 2017 2018 2019 2020 2021 Assessment $225,000 $225,000 $225,000 $225,000 $225,000 $225,000 Amount of Reduction $50,000 $60,000 $60,000 $55,000 $50,000 $50,000 The above resolution was put to a roll call vote: Nichinsky Fiddelman Katz Elkind Eney 9. Set Public Hearing —Town Clerk Elected to Appointed Reduced Assessment $175,000 $165,000 $165,000 $170,000 $175,000 $175,000 Aye Aye Aye Aye On motion Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the "Changing of the office of Town Clerk from an elective office to an appointive office" Law, for June 22, 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. The above resolution was put to a roll call vote: Nichinsky Aye Fiddelman Aye Katz Aye Elkind Eney Aye REPORT OF MINUTES On motion of Councilwoman Katz, seconded by Councilwoman Nichinsky, it was unanimously 19 Page 198 of 212 June 8, 2022 RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of May 18, 2022. REPORTS OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. TOWN ATTORNEY'S REPORT The Town Attorney reported on his various activities since the last Town Board Meeting. TOWN CLERK'S REPORT The Town Clerk reported on various topics. CLOSING COMMENTS, SUPERVISOR ELKIND ENEY I would like to close the meeting in Honor of one of our Residents, Karen Khor, who became a US Citizen on June 1. Karen is one of our most active volunteers. She is Co -Chair of the Sustainability Collaborative and is on the Comprehensive Plan Steering Committee. When Karen takes on a task, she goes at it 100%. She also organizes my block party every year. Karen, America is lucky to have you as a citizen, and so are we here in the Town. NEXT REGULARLY SCHEDULED TOWN BOARD MEETING: Wednesday, June 22, 2022 ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman meeting was unanimously adjourned. Submitted by Allison May, Town Clerk 20 Page 199 of 212 June 8, 2022 Attachment A Memorandum To: Larchmont Village Board Mamaroneck Town Board Re: Continued Evaluation of Alternatives Provision of Sanitation Services for the Town and Village Date: June 2, 2022 To date the Town and Village have considered various alternatives in regard to the future of sanitation services for the unincorporated Town and Village of Larchmont. Below is a quick rundown of alternatives considered: Expansion of the Town of Mamaroneck's Refuse District Under this alternative the Town would assume the responsibility for providing sanitation services to the Town and Village. Financing of the district would be through the ad valorem tax to be levied by the Town. All tax payers in the Town and Village would pay the same tax rate for sanitation services. Fees for service could be added later. The alternative requires no apportionment formula since municipal boundaries are no longer a consideration for calculating an expense for each community. 2. Hybrid of the Commission- Two Alternative Apportionments The Commission would continue to operate virtually as it does today, with the exception that the two communities would enter into an inter -municipal agreement setting forth a series of conditions and requirements for the operation of the agency. Attachment #1 is a list of issues to be addressed in the IMA. Two alternative apportionment methods were originally considered. One based upon the ratio of Town to Village property assessments and the other, the revised tonnage apportionment using the Route 2A and 4A Formula. 3. Separate Town and Village Sanitation Departments The Town and Village would each establish their own sanitation departments for purposes of collecting and disposing of garbage and recycling material. Because Maxwell Avenue is located in the Town's highway yard the assumption has been made 1 1 P a g e 21 Page 200 of 212 June 8, 2022 that the Town would operate the Maxwell Avenue facility. However, under this alternative the Town and Village would enter into an IMA governing the operation and use of Maxwell Avenue. Attachment #2 is a list of possible terms of an IMA between the Town and Village for the use of Maxwell Avenue. Throughout the process there has been the concern over how to apportion the cost of sanitation services where there is a continued shared service. The apportionment formula would presumably provide the best value for both Town and Village taxpayers. We found that by and large the alternative apportionment methods discussed to date, all share a relatively close percentage of apportionment ratios. Town Village 2022 Ratio of Apportionment 59% 41% Apportionment by Total Assessment 60% 40% Apportionment Using Route 2A and Route 4A formula 58% 42% Expanded District No Apportionment The tax impact of each of the above apportionment formulas has previously been calculated and is presented in Attachment #3 However there has been the ongoing question of tonnage must be the basis for apportionment as set forth in the Unconsolidated Laws of New York or at least a component of an apportionment formula. Therefore, to address this question we evaluated yet another formula for apportionment. This formula takes into account the number of stops in each community and the estimated amount of garbage collected at each stop by identifying the size of the garbage containers used at residential and commercial collection points. In this way we have addressed the issue of tonnage. Using the number of collection points, type of collection point and type of garbage container we have established a monthly fee for service by backing into the revenue needed to fund the Commission's net budget. For purposes of this analysis we have applied the 2022 Commission net budget of $3.7 million. 2 1 P a g e 22 Page 201 of 212 June 8, 2022 The collection stops were divided into two categories; 1-3 family homes and commercial/institutional collection stops. For a 1-3 family homes a fee of $58/month was established. For a commercial/institutional stop a fee $200/month was established. The fee for a 1-3 family home was based upon a garbage container with an average size of between 48 and 64 gallons that holds between 75 and 125 pounds of garbage. The commercial/institutional charge was higher since each dumpster holds 1.5 yards of garbage which converts to about 500 Ibs per dumpster when full. Attachment #3 is a spreadsheet that presents the total number of residential and commercial stops for the Commission's service area and then breaks out the total for the Town and Village. This formula does take tonnage into account by establishing different fees for residential and commercial garbage based upon the different weights for the containers. Also, tonnage is addressed since a component of the Commission budget is the tipping fee paid to the County of Westchester for garbage disposal. Based upon the number of stops used for this estimate, the Town share would be 61% and the Village share 39%. Also, in Attachment #3 is the tax impact to the Town and Village of this alternative. The calculation of the number of stops used for this analysis is a good representation of the collection stops in the Town and Village. The only refinement necessary would be to account for those commercial stops that utilize 96 gallon garbage cans rather than dumpsters. There are an estimated 20 commercial/institutional stops using 96 gallon containers, so it will not materially change the analysis. If this formula is applied, the number of stops would have to be recalculated each year to address new construction in each community and potential changes in commercial stops in the Town and Village. Meredith Robson- Town Administrator Justin Datino- Village Administrator Stephen Altieri- Superintendent 31Page 23 Page 202 of 212 June 8, 2022 Attachment #1 Governing/Service Issues to be Considered For either version of Alternative 1-Hybrid Commission, the form of governance of the agency would have to be decided but could take on the same form as the current Commission with the Village Mayor and Town Supervisor serving as the Board of Governors or Commissioners with a Superintendent/Manager to manage the day-to-day affairs of the Commission, prepare the annual budget and make recommendations when applicable for new policies and procedures. Governance could also be decided through an IMA that would identify certain issues involving the operation of the services. These issues, as well as some of the advantages and disadvantages, might include: i. Menu of services to be provided for sanitation and recycling ii. Management structure of the organization iii. Ownership of refuse collection vehicles and obligations for maintenance of the vehicles iv. Establishing a mutually agreed guideline for the two communities to replace refuse collection vehicles if they remain under the ownership of the Town and Village V. Budget process and review vi. Development of a Fund Balance Policy vii. Authority of the Board of Commissioners viii. Determination as to what issues must go before the two municipal Boards if Commissioners don't agree or if the issue involves important changes in services. ix. The opportunity to establish service fees as component of the financing of the district. X. Process needed to negotiate an IMA could be lengthy as the two communities consider the issues to be addressed in the IMA. xi. Governance could be more complicated depending upon the decisions regarding the independence of the Board of Commissioners in making certain operational decisions. xii. An advisory board has been suggested similar to that used in the Town Ambulance District. Made up of Town 4 1 P a g e 24 Page 203 of 212 June 8, 2022 and Village elected officials and staff, the advisory board would address specific issues such as the menu of services to be provided, reduction or expansion of services, and budget review. xiii. If an expanded district is the selected alternative, agreement will need to be reached on payment to the Village of Larchmont for the sanitation building and their trucks. 5 1 P a g e 25 Page 204 of 212 June 8, 2022 Attachment #2- Potential Terms of IMA- Village of Larchmont Use of Maxwell Avenue i. Preparation of a separate Operating Budget by the Town Specific to Maxwell Avenue for review by the Town and Village ii. Development of a cost share formula for Maxwell Avenue iii. Review of fees that might be charged to residents for the use of Maxwell Avenue iv. Schedule of operation of Maxwell Avenue by residents of the Town and Village. V. Establish the activities to be conducted at Maxwell Avenue ■ Resident delivered garbage and bulk waste • Resident delivered recycling of paper, cardboard, comingled containers, food waste, electronic waste, Furniture sharehouse vi. Establish limitations on quantities of waste delivered by residents (ie- Truckloads of waste currently not permitted for delivery to Maxwell Avenue) vii. Village and Town sanitation departments would be permitted to deliver to the facility on recycling days, commingled container recycling collected in the Village and Town. This last condition could be impacted should the County of Westchester change its operations for transporting commingled containers from Maxwell Avenue to the Material Recycling Facility in Yonkers. 6 1 P a g e 26 Page 205 of 212 June 8, 2022 Garbage District Allocation # Stops 6/7/2022 TOTAL TOWN OF MAMARONECK Annual Budget #Stops/ Annual Total Monthly Cost Month Cost Property Type By Stop Per Stop TOM TOM 1-3 family Home a $3,233,548 $58.60 3,028 $2,129,449 Commercial/Institutional$487,224 $202.00 62 $150,288 $260.60 3,090 $ 2,279,737 Total$3,720,772 Allocation % Annual # Stops/ Budget Cast Month by Allocation TOM and VOL Municipality % TOM 3,090 $ 2,279,737 61.27% VOL 1,709 1,441,035 38.73% Totall 4,799 $ 3,720,772 1 300% VILLAGE OF LARCHMONT # Stops/ Annual Month Cost VOL VOL 1,570 $1,104,099 139 $336,936 1,709 1 $1,441,035 07 0 Q x x -- 0 n '23 3 sv n 3 — O rp Drn W 'Go � 0 U) 27 Page 206 of 212 June 8, 2022 Annual Tax Summary Garbage District Options Town VOL Resident Resident @$1.3m @$1.65m Option # Description Allocation % AV AV Tax Savings Current 2022 Garbage District Tax 59/41 $ 672.18 $ 874.41 Current 'TOM tax increase to Town residents $11/yr per household *VOL tax bill reduced by $214; net Savings 1 Hybrid -AV Allocation Option 60/40 683.15 853.75 $21/yr per household 'TOM tax savings to Town residents $3/yr per household ' VOL tax bill reducedby $874.30;Net Savings 2 Expanded District 669.18 845.18 $29/yrhousehold *TOM tax Increase to Town residents $25/yr per household Commission Intact -Allocation by • VOL tax savings $47/yr household 3 # Stops 1 61.27/38.73 697.09 827.49 6/7/2022 28 Page 207 of 212 June 8, 2022 ESTIMATED TOWN OF MAMARONECK SANITATION COMPARED WITH 2O21/22 COMMISSION BUDGET Description Insurance Recovery Health Insurance -Employee Deductic Rental Income (Cell Tower) Miscellaneous Sales of Product Income Interest Income Dumpster Fees IMA - City of New Rochelle TOTAL REVENUE EXPENSES Salaries- Full Time Salaries- Overtime Salaries- Part Time Materials/Su pp lies Dumpsters Waste Containers E ui ment/Truck Maintenance Building/Grounds Repairs Electricity Water/Sewer Rent Fuel Oil Diesel Fuel Gasoline County Landfill Organic Landfll Food Waste Disposal Fees Uniforms Highway Tolls Service Contracts Exterminator Miscellaneous TOTAL OPERATIONS AND MAINTENANCE General Charges Salaries -Administration HR Stioend-Part Time Towns VOL 41% Town VOL 40.0% No Apportionment own VOL 39.73% 2022 ADOPTED COMMISSION BUDGET 202.2 ESTIMATED Hybrid Commission @ Assessed Values Budget 2022 ESTIMATED Expanded District Budget 2022 ADOPTED COMMISSION BUDGET By x STOPS 10,000 1 10.000 10,000 10,000 53,000 63,000 53,000 53,000 48,000 48,000 48,000 48,000 Soo 500 Soo 500 17,000 17,000 17,000 17,000 450 450 450 450 22,000 22,000 1 22,000 1 22,000 13,000 13,000 13,000 13,000 $ 163,950 $ 163,950 $ 163,950 $ 163,950 A $ 1,421,247 1 $ 8001 Soo 9,000 10,200 35,000 675 5,000 115.42, 000 800 675 Sewer Tax 4,800 1 4,800 4,300 4,800 Payroll Processing 10,000 10,000 - 10,000 Public Notices Soo Soo 500 Soo Employee Retirement 262,000 262,000 262,000 262,000 Insurance -Liability 97,000 97,000 116,000 97,000 Insurance -Life 2,000 1,000 1,000 1,000 Insurance -Health 705,000 705,000 705,000 705,000 Medicare Payments 34,400 1 34,400 34,400 34,400 Insurance -Disability 1,000 1,000 1,0W 1,000 Insurance -Worker's Comp 340,000 340,000 312,000 340,000 I Security 120,000 120,000 120,000 120,000 Commuter Tax 7,400 7,400 7,400 7,400 29 Page 208 of 212 June 8, 2022 ESTIMATED TOWN OF MAMARONECK -- SANITATION COMPARED WITH 2O21/22 COMMISSION BUDGET own 5 Town .0% Town VOL 41% VOL 40.0% No Apportionment VOL38.73% 2022 ADOPTED 2022 ESTIMATED 2022 ESTIMATED ZD22 ADOPTED Hybrid Commission COMMISSION COMMISSION @ Assessed Values Expanded BUDGETByd Description BUDGET Budget District Budget STOPS — 6,700 6,700 - 6,700 Attorney Recycling Equipment 15,000 15,000 15,000 15,000 Dental Insurance 26,000 26,000 26,000 26,000 Auditor 8,000 8,000 8,000 8,000 Tax Certioraris 'Town and Vxlage tax certs/de3t ` service/Ins not included in expanded Debt Service optlontobecornparatiw j Total General Chargesl $ 2,867,300 $ 1,867,300 $ 1,940,600 $ 1,867,300 Total Expenses $ 3,884,722 $ 3,884,722 $ 3,956,022 $ 3,884,722 —_ NOT COSTJ $ 3,720,772 1 $ 3,720,772 1 $ 3,792,072 $ 3,720,772 Town District Direct Expenses $ 85,126 $ 95,126 $ $ 85,126 ' -Town and vnageta.�e t:/eebt — Village Direct Expenses $ 49,000 .I - $ 49,000 $ - service/ins not Included to be I $ 49,000 comparative.Only vehicle repair COMBINED NET COSTI $ 3,854,898 $ 3,854,898 $ 3,792,072 $ 3,854,898 Town of Mamaroneck $ 2,280,3811 $ 2,327,5891 $ 3,792,072 1 $ 2,364,853 Village of Larchmont $ 1,574,517 $ 1,537,309 - $ 1,490,039 Garbage Tax Per Average Household I TOM Resident Garbage Tax@ Avge HH AV $1.3m; $ 672.18 $ 683.15 $ 669.18 $ 697.09_ VOL Resident Garbage Tax@ Avge HH AV $1.65m; $ 874.41 $ 853,75 $ 845.1s _ _ $ 827.49 1 $ 1874.301 VOL tax bill savings $ _ 29.13 Net Difference-VOL resident _ 6/7/2022 30 Page 209 of 212 June 8, 2022 Attachment B Town of Mamaroneck From: Tracy Yogman - Town Comptroller 7c{ Re: Fire Claims Date: June 8, 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: AAA Emergency Supply Co., Inc Repair and service of Air Compressor System $ 1,344.75 AAA Emergency Supply Co., Inc (2) Tango meter repair 92.66 16GB (2x8GB) DDR3L laptop memory, 4Port Switch for camera Amazon.Com system, Cairns 1044 helmet, 12 Volt siren for prop, UPS Battery 626.01 (6) Cans tire shine, outdoor pathway light, table saw,lamp post, Amazon.Com firetruck toy prop, 8 port POE for lane sys, DC 12 V timer, bolts 777.51 Champion Elevator Maintenance for month of May 2022 192.50 Con Edison Fire HQ Gas service 3/31-4/29/22 - 205 Weaver St 905.59 Foley Hardware Replacement thermostats 134.98 Galls, LLC Vertex Phantom pants 61.60 Grainger (12) oz glass cleaner, (3) 4 1/2" scrubber sponge 36.75 Ipromoteu Plastic fire hats (400) with personalized shield 509.35 KVI Uniforms & Equipment, Inc Uniform patches,pants, job shirts, company shirts, jackets 1,079.00 Optimum Cable services for 5/23-6/22/22 270.81 Trouble shoot sump pumps in manhole, pump control to be Precision Plumbing & Heating replaced. Furnish and install temporary sump pump in manhole 1,575.00 Ready Refresh Water Cooler rental4/19-5/18/22 176.96 UniFir5t Corporation Cleaning supplies 5/13/2022 120.99 Verizon Fire HQ service 5/10-6/9/22 268.46 Food for Surface Water Rescue Awareness Drill 5/18, Fast Drill Villa Maria Pizza 5/25/22 398.47 Westch Cty Assoc of Fire Chiefs Annual membership dues 2022 300,00 Total $ 8,871.39 Motion off Second by I '� N K F K EE v' I �, Page 104 of 122 31 Page 210 of 212 June 8, 2022 Attachment C TOWN OF MAMARONECK FIRE DEPARTMENT OFFICE OF THE CHIEF 14 I WEAVER ' ` -►� & STREET I F To: Board of Fire Commissioners From: Chief Shaun Hughes Date: June 6, 2022 Re: Fire Report for the Month of May 2022 Headquarters 205 WEAVER STREET LARCH MONT. NEW YORK 10538 834-2100 EMERGENCY 834-2101 - NON EMERGENCY 834-2438 CHIEF'S OFFICE 834.0922-FAX W W W.TMFD.ORG The following report outlines response to calls made during the month of May 2022. 1t summarizes the nature, the number of personnel responding and the total time spent. I have also attached a report showing a further breakdown of these alarms. Alarm Type Number Generals 30 Minors 1 1 Stills 1 Out of Town (Mutual Aid) 1 EMS 48 Drills 2 TOTAL 93 Total number of personnel responding: 397 Total time working: 31 hours and 10 minutes Respectfully Submitted, Chief Shaun Hughes 32 Page 211 of 212 June 8, 2022 Incident Type Count Report Date Range: From 5/1/2022 lu 5/31'2022 Selected Station(s): All Incident l = Description Count Station: EMS 321 - EMS call, excluding vehicle accident with injury 46 50.5511. 381 - Rescue or EMS standby 2 2.20% Total - Rescue & Emergency Medical Service Incidents 48 100.00% Total for Station 48 52.75% Station: HO 350 - Extrication, rescue, other 1 1.100/0 353F - Removal of victim(s) from stalled elevator 1 1.100/0 Total - Rescue & Emergency Medical Service Incidents 2 4.88% 412 - Gas leak (natural gas or LPG) 424 - Carbon monoxide incident 440 - Electrical wiring/equipment problem, other 463 - Vehicle accident, general cleanup Total - Hazardous Conditions (No fire) 531 - Smoke or odor removal 550 - Public service assistance, other 551 - Assist police or other governmental agency Total - Service Call 611 - Dispatched & cancelled en route 622 - No incident found on arrival at dispatch address Total - Good Intent Call 700 - False alarm or false call, other 736 - CO detector activation due to malfunction 743 - Smoke detector activation, no fire - unintentional 745 - Alarm system sounded, no fire - unintentional Total - Fals Alarm & False Call Total for Station Station: STIL 571 - Cover assignment, standby, moveup Total - Service Call 622 - No incident found on arrival at dispatch address Total - Good Intent Call Total for Station 1 1.10% 1 1.10% 1 1.10% 1 1.10% 4 9.76F/ 2 2.20% 1 1.10% 1 1.10% 4 9.76'/ 1 1.10% 2 2.20%o 3 7.32% 1 1.10% 3 3.30% 4 4.40% 20 21.98% 28 68.29% 41 45.05% 1 1.10% 1 50.00% I �11.1111'Y, 2 2.20'7„ Page I of I 1r11T11_d 06 06 '0" N '19 0.t 33 Page 212 of 212