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HomeMy WebLinkAbout2023_02_01 Town Board Meeting Packet r F F Town of Mamaroneck Town Board Agenda Wednesday, February 1, 2023 Page 5:00 PM THE TOWN BOARD WORK SESSION The Work Session will convene in Conference Room A located on the Second Floor at the Town Center. CALL TO ORDER WORK SESSION ITEMS 1. Discussion - Consolidated Fee Schedule 2023 -Town Code, Chapter A250 3 - 15 Consolidated Fee Schedule 2023- Town Code, Chapter A250 - Pdf 2. Discussion - NYSDOT Purchase Agreement 16 - 33 2023 NYSDOT Sidewalk Replacement- Town Parcel 4-6-1 NYSDOT Purchase Agreement 2023 NYSDOT Sidewalk Replacement- Town Parcel 4-6-1 - Pdf 3. Discussion - EMS Billing Proposal 34 -45 EMS Billing Proposal - Pdf 4. Request for Executive Session 5. Discussion - Tree Law 6. Updates 7. Additions to Regular Meeting Agenda 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in the Courtroom Located on the second floor at the Town Center. The Public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER SUPERVISOR'S REPORT PUBLIC HEARING(S) 1. Increase in the Income Levels for the Senior Citizen Tax Exemption and 46 Persons with Disabilities and Limited Income Tax Exemption and Clarification that Co-Operative Apartments are Eligible for a Senior Citizen Tax Exemption Notice of Public Hearing Senior Citizen & PWD Tax Exemption RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS Page 1 of 138 BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 47 -49 Fire Claims - Pdf 3. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization - Consolidated Fee Schedule 2023 - Town Code, Chapter A250 50 - 62 Consolidated Fee Schedule 2023- Town Code, Chapter A250 - Pdf 2. Authorization - NYSDOT Purchase Agreement 63 - 80 2023 NYSDOT Sidewalk Replacement- Town Parcel 4-6-1 NYSDOT Purchase Agreement 2023 NYSDOT Sidewalk Replacement- Town Parcel 4-6-1 - Pdf 3. Authorization - EMS Billing Proposal 81 - 92 EMS Billing Proposal - Pdf REPORTS OF MINUTES 1. Reports of Minutes for 8/17/2022, 12/19/2022, 1/11/2023 and 1/18/2023 93 - 138 Report of Minutes - Pdf REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT REGULARLY SCHEDULED MEETING - February 15, 2023 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 138 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@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Allison May, Town Clerk Re: Consolidated Fee Schedule 2023 -Town Code, Chapter A250 Date: January 27, 2023 Attached is a consolidated list of fee changes encompassing multiple departments from Town Clerk, Allison May. These recommended fee changes are a result of the analyses in each department of comparable services in other departments in the county, as well as a review of the work required for each service. This type of review is done periodically and I recommend approval. Action Requested: Resolved that the Town Board does hereby approve the attached fee schedule as presented. Page 3 of 138 Town of Mamaroneck Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: January 26, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Richard PolcariBuilding Inspector CC: Robert P. WaspTown Engineer Subject: Consolidated Fee Schedule 2023 -Town Code, Chapter A250 General: A consolidated fee schedule for the Town is attached for Town Board review during the Work Session and subsequent approval, with any required changes/corrections, during the Regular Meeting. Please see attached and feel free to call me with any questions. Attachments: Consolidated Fee Schedule 2023 - Town Code, Chapter A250 - Pdf Page 4 of 138 Town of Mamaroneck Building Department, Town Center 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rpolcarl@townofmamaroneckNY.org Date: January 19, 2023 To: Meredith Robson, Town Administrator From: Richard Polcari, Building Inspector Subject: Building Department Fee Schedule General: A review of the Building Department's current fee schedule was conducted. To simplify the fee schedule,I would like to standardize the fees,as appropriate.In addition,I am requesting that we collect the permit fee up front, allowing for a 50%refund if the application or permit is canceled prior to any work being performed. Building Inspectors spend a great deal of time reviewing plans and working with applicants to bring an application to the permit stage. In cases where work is performed without a building permit, a legalization is required. I propose that the legalization fee for obtaining a permit be changed from double the permit fee to triple. Finally, I would like to add electrical permits to the building permit requirements. Requiring an electrical permit would be beneficial in keeping track of service upgrades, electric charging stations, installation of lighting, and other work that would not otherwise require a building permit. Page 5 of 138 Town of Mamaroneck Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 i-wasp@townofmamaroneckNY.org Date: January 24, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Allison MayTown Clerk Subject: Highway Permit Fee Schedule General: Highway Permits are issued by the Engineering Department for the completion of construction activities within Town-owned right-of-way areas. Most commonly these permits are issued to utility companies for their repair of underground infiastructure that requires trench excavation. Other typical permits are filed by residents for reconstruction of driveway curb-cuts, repair of sewer laterals and temporary use of roadway shoulder for construction access. Inspections are completed by Department staff to ensure that Town construction specifications are followed, and that proper restoration of pavement and shoulder areas is made at completion. Permit fees are paid in accordance with Town Code §187-5. Currently the permit fee amount is determined based upon an incremental assessment of$200 per 100 square feet of pavement disturbance. Fee schedules from numerous Westchester County municipalities were surveyed in preparation of the new recommended fee schedule. The recommended schedule as attached to this agenda item maintains the same permit fee for temporary use of Town right-of-way but increases the fee amount when trenchwork or excavation of the road pavement is proposed. The permit fee is proposed to remain incremental based upon the amount of disturbance more than 100 square feet. Creation of a new fee category for new connections to the Town's sanitary or storm sewer structures is also proposed. Additional inspections are often required for underground connection installation work that is intended as the basis for the slightly higher permit fee category. Based upon our review consideration, Engineering recommends that the new proposed fee schedule is (1)more closely representative of Department staff time incurred during permit issuance and inspection work; and(2) aligns with similar fees imposed by surrounding municipalities. We recommend that the Town Board considers adoption so that the fee schedule can be properly reflected in Town Code and be applied for all new permits moving forward in 2023. Please feel free to contact me with any questions. Page 6 of 138 For Adoption February 1, 2023 Chapter A250 Fee Schedule [HISTORY: Adopted by the Town Board of the Town of Mamaroneck 8-17-2011 by L.L. No. 8-2011; amended in its entirety 1-6-2021.] § A250-1 Enumeration of fees. The schedule of fees and deposits for services, applications, permits and licenses is as follows: Code Section Subject Fee or Deposit § 5-6 Board of Architectural Review application $125 § 50-3C Alarm system user permit for Business, per S-3&$100 calendar year or part thereof Alarm system user permit for Resident,per S-3&$40 calendar year or part thereof Alarm system user permit for Resident 65+, S-3$$25 per calendar year or part thereof § 50-41)(1) False alarm penalties,per calendar year: Second $15 Third and fourth $50 Fifth through 15th $100 Each subsequent occurrence $250 § 55-6A Mechanical amusement device license fee, annual: Per device $50 Per premises $125 § 58-7A Dog license fee for each neutered male or $20,plus state surcharge of$1 spayed female dog Dog license fee for each intact male or $25,plus state surcharge of$3 female dog § 58-7G Failure to respond to an enumeration $50 § 58-8 Redemption of impounded animals: Fee for impound $10 per day First impoundment of an animal within same $40 calendar year Second impoundment of an animal within same $50 calendar year Any subsequent impoundment of an animal $60 within same calendar year §90-2 Electrical permit: (includes LOC fee) $100 Page 7 of 138 Code Section Subject Fee or Deposit § 95-30A Erosion and sediment control Filing fees: Surface water and erosion control permit for a $250 parcel with an existing one- or two-family dwelling Surface water and erosion control permit for the $400 construction of a new one- or two-family dwelling on either a vacant parcel or on a parcel where more than 50% existing residence is demolished Surface water and erosion control permit in all $400 other cases Fee for applicant-requested modification(no $100 work has commenced) Fee for applicant-requested modification (work $150 has commenced) Permit fees: Surface water and erosion control permit for a $200 parcel with an existing one- or two-family dwelling Surface water and erosion control permit for the $300 construction of a new one- or two-family dwelling on either a vacant parcel or on a parcel where more than 50% existing residence is demolished Surface water and erosion control permit in all $400 and where controls exceed other cases $5,000 of anticipated costs, then 6% fee additional for all costs in excess of$5,000. This 6% is not part of the engineering fees for site plan approval. Stormwater pollution prevention permit $500 Inspection fees: Minimum inspection fee for a parcel with a one- $100 or two-family dwelling All other residential parcels $150 All other cases $250 Page 8 of 138 Code Section Subject Fee or Deposit NOTE: If work is commenced prior to the permit being issued, all fees for the project will be doubled. S5,000 § 99-8 Application fee for license to film $500 License fee for filming on public property $1,200 per day or any portion thereof License fee for filming on private property $1,000 per day or any portion thereof § 106-11 Annual high hazard,public assembly $200 All others every three years $200 Mobile Food Truck Inspection (required $50,valid for one year in Town only if cooking equipment produces smoke of Mamaroneck or releasing grease-laden vapors) § 106-20A Blasting permit application(A bond in the �S0 amount of$100,000 as well as public liability insurance naming the Town of Mamaroneck as a coinsured in an aggregate amount of not less than $2,000,000 is to accompany application.) Commercial fee $125.00 for first$1000 plus $25.00 per $1000 Residential fee $125.00 for first$1000 plus $17.00 per $1000 § 106-20A Sicipplemental blasting M the same siWe $�09 § 106-49B Discharge compliance certificate application S-7-_!�$125 § 106-56 Building fees: Filing fees (applies to all p mats issued by the Land Use Administ+a4iowy Residential (Permit fee due at time of filing. 00$125 for first $1,000 filing 50% refund for cancelled permits as long as fee,plus $17 per$1,000 of work has not been started.) construction cost Residential permit renewals 50% the original permit fee or Page 9 of 138 Code Section Subject Fee or Deposit $1,000 whichever is less, for six (6) months. Commercial (Permit fee due at time of filing. &490-$125 for first$1,000 filing 50% refund for cancelled permits as long as fee,plus $25 per$1,000 of work has not been started.) construction cost Commercial permit renewals 50% the original permit fee or $1,500 whichever is less, for six (6) months. Original certificate of occupancy for all permits unless otherwise noted: One- and two-family dwellings and related $100 accessory structures Commercial and all other buildings $100 Temporary certificate (plus bond as required by $3-W$500 Director of Building Code Enforcement and Land Use Administrator) Note: Temporary Certificate of Occupancy does not put a hold on the permit expiration date or the need to keep the permit active. Copy of certificate of occupancy $0.25 Original letter of compliance $100 Copy of letter of compliance $0.25 Mechanical rock removal permit application S1 nn filingfee,-plus S 17 pe-F $1,000 ,.f,06k Fe 'a 6 $125 for first$1,000 plus $25 per $1,000 To raze any structure: Residential demolition S,n� g fee,phis S'7 per $1,000 Of defflO eOS $125 for first$1,000 plus $17 per $1,000 Commercial demolition S1 00 r�gf S $25 P01: Qi nnn of demo ees $125 for first$1,000 plus $25 per $10,00 NOTE Fees for-all pefmits issued af4ef eenstfi+etion has stffted of whow it has been ee"Ieted skail be : *'-e If work is started or completed prior to the issuance of a permit (Legalization) —Legalization Permit Fee cost is Three times the Permit Fee Page 10 of 138 Code Section Subject Fee or Deposit , JbtA in fie ease to be less than S500 To move a building: Treat fees the same as for new construction. § 110-12B Floodplain development permit $100 filing fee,plus up to $1,500 to cover costs § 114-7A Wetlands permit application $200 § 117-6 Garage sale license application $20 § 154-7A Peddling license, vehicle $50 § 154-7B Peddler's license $50 § 158-6 Plumbing fees: Residential plumbing fee $ $125 for first $1,000 plus $17 per $1,000 of plumbing installation Commercial plumbing fee &4-50-, $125 for first$1,000 plus $25 per $1,000 of plumbing installation NOTE: For purposes of fee, gas appliances shall be considered as a plumbing fee. gallons Over- 10 gall Q-09 § 158-6 Storage tanks-- Removal,installation, or $150 permit fee abandonment Up to 275 gallons S 100 filing fee,-pitts S 100 permit fee 0-,�ef 275 gallons and tip te 550 gallens $100 filiiig fee, plus $125 pefmit fee Ove f 550 gallons and up t 1,000 gall $ nn filiii. fee »Ρi„s Q i 50 permit fee 0-ief 1,000 gallons and up te 2,000 gallens $100 filifig fee, phis $350 pef fee For- eaek 1,000 gallons „ of 2,000 ,.,,l $30 per- 1,000 , altars NOTE: Removal of tmder-ffauad tanks Fequir-es a $i 200 bon Gas piping +mi* and tes4 $100 § 167-813 Photocopies, not to exceed 9 inches by 14 inches $0.25 per page § 167-8 Blueprint or plan photocopy S-2$3 per square k-e4 foot Page 11 of 138 Code Section Subject Fee or Deposit § 167-8 Digital topographic/Tax Map CD $100 per map page § 167-8 Files copied to electronic format $30 § 167-8 Town Code/inserts (no cover) $360 § 167-8 Zoning pamphlet $20 § 167-8 Zoning, election, or Town Map $3 § 175-17 Signs (includes LOC fee): Vili44g fOe199 For erecting,placing or painting a new sign, "$175 altering, reconstructing, enlarging or relocating an existing sign Temporary signs as approved by Building W$175 Department Temporary signs as approved by Town Board $200 § 177-15 Site plan approval application $350, plus $25 for each parking space required by the Zoning Ordinance § 177-15 Engineering fees 6% of the total performance bond or$2 per linear foot of road surface, whichever is higher § 187-5 Highway Permits: Street opening, installation/replacement of $400 Town sidewalk or curbing, total disturbance less than 100 square feet. Street opening,s e installation/replacement $400, plus $2 per square foot of Town sidewalk or curbing,total over 100 square feet disturbance equal to or greater than 100 square feet. e i n P e fe0t inn 0 0 S"afe feet Temporary use of Town right-of-way, $200 equipment/dumpster placement crossing Town sidewalk or curbing. New installation of sanitary sewer lateral; or $500 connection to Town drainage structure. Page 12 of 138 Code Section Subject Fee or Deposit § 190-22 Subdivision of land: Up to 2 lots $300, plus $150 for each additional lot shown on application § 198-Reserved Taxi drivers (Reserved) § 198-3 Reserved Taxicab and livery license (Reserved) § 198-7B Reserved Replacement of taxicab license or badge (Reserved) § 207-6A Tree removal permit application: 1 to 4 trees $75 Each additional tree $15 § 219-44 Lot A Daytime Parking Permit, valid $900 January 1, 2023 through December 31, 2023. No parking is allowed from 3:00 am to 5:00 am Tuesday through Thursday. Lot A Meter Parking Permit, valid $110,plus a meter fee of$.60 per January 1, 2023 through December 31, 2023. No hour required Monday through parking is allowed from 3:00 am to 5:00 am Friday between the hours of 5:00 Tuesday through Thursday. am and 6:00 pm. Lot A Scooter/Motorcycle parking in designated $175 spaces require no additional fee if used as a second `vehicle' in conjunction with an existing parking permit, and an annual fee of$175.00 without an existing parking permit. No parking is allowed from 3:00 am to 5:00 am Tuesday through Thursday. Lot B 24-Hour Parking Permit valid January 1, $1,000 2023 through December 31, 2023. Lot B Area Business Permit valid January 1, $700 2023 through December 31, 2023. Permit holders may park beginning at 8:00 am and must vacate by 6:00 pm, Monday through Friday. Lot C Overnight Parking Permit valid January 1, $450 2023 through December 31, 2023. Permit holders may park beginning at 7:30 pm and must vacate the following morning by 7:30 am, Monday through Thursday. Parking is permitted weekends beginning at 7:30 pm on Friday and ending Monday at 7:30 am. Permit Cancellation- a refund of the next full $25 Page 13 of 138 Code Section Subject Fee or Deposit month forward from the return of the permit, less a processing fee of$25, will be provided. Permit Change—changing a permit to another $10 vehicle by submitting the new registration and driver's license (for Area Business permit only) and exchanging the old pass for a new pass. Replacement of lost or stolen permit(must $10 process Police Report prior). § 219-63 Residential parking permits $25 per motor vehicle per year Permit change-- must exchange the old pass for $5 a new pass. Replacement of lost or stolen permit(must $5 process Police Report prior). § 240-61A Special permit fees: Application fee $300 Renewal $150 § 240-91 Zoning Board of Appeals application § 240-91 Area variance, first request $200 § 240-91 Each additional requested variance $100 § 240-91 Use variance $200 § 240-91 Zoning variance extension $200 § 240-91 Fee for advertising hearing by Board of Appeals $50 NA Bowling alley $250 NA Bounced check fee $20 NA Property tax fee (charge to tax service entities $5 per parcel/tax bill for property tax payments without tax bill) NA Accident report $0.25 per page NA Complaint report $0.25 per page NA Auctioning permits,per day $5 NA Auctioneering permit $100 Page 14 of 138 Code Section Subject Fee or Deposit NA Certified copies of vital records $10 NA One Day Marriage Officiant Registration $25 (Effective beginning March 28,2023) NA File searches (File Review) and Pre-date $250 Letter Page 15 of 138 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@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer William Maker Jr., Town Attorney Re: Authorization of NYSDOT Purchase Agreement - 2023 NYSDOT Sidewalk Replacement- Town Parcel 4-6-1 Date: January 25, 2023 Attached you will find a memo from Town Engineer, Rob Wasp regarding the 2023 NYSDOT Sidewalk Replacement on Weaver Street and documentation required to finalize the payment and agreement transactions with the NYSDOT. If approved,the Town will receive nearly$80,000 from the state. Action Requested: Resolved that the Town Board hereby authorizes the Town Administrator to execute and transmit all required documents necessary for the 2023 NYSDOT Sidewalk Replacement project on Weaver Street. Page 16 of 138 Town of Mamaroneck Engineering Department, Town Center 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 i-wasp@townofmamaroneckNY.org Date: January 23, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: William Maker Jr.Town Attorney Subject: Authorization of NYSDOT Purchase Agreement- 2023 NYSDOT Sidewalk Replacement- Town Parcel 4-6-1 General: The New York State Department of Transportation"NYSDOT" intends to proceed with advertisement of bids for replacement of sidewalks along sections of Weaver Street in advance of planned construction start this summer. The limits of replacement include the portion of sidewalk along the frontage of Town owned parcel 4- 6-1 at the intersection of Palmer Avenue and Weaver Street. NYSDOT had previously determined that the existing sidewalk footprint is substantially located on the Town owned land that would need to be first acquired prior to proceeding with the project. This matter was first discussed with the Town Board in summer 2022,during which time apublic input session and subsequent finding of Di Minimis Impact was made by the Town related to the proposed acquisition. NYSDOT recently provided the necessary maps, agreement and release forms to proceed with subject property acquisition. Attached to this agenda item are the "Claim for Payment", "Affidavit of Title", and"Agreement of Adjustment and Release of Owner"that must be endorsed and returned NYSDOT Regional Real Estate Officer. Total compensation due to the Town for the acquisition area of 3,443 sq. feet has been determined as $79,975.00. The NYSDOT also requests transmittal of a resolution that supports execution of referenced documents. Template resolution provided from NYSDOT is attached to this agenda item. From an engineering perspective, the Department has reviewed the documents provided by NYSDOT and has no objection to the Town Board proceeding with authorization of the requested agreement. Please feel free to contact me with any questions. Attachments: Acquisition Map Page 17 of 138 SAMPLE Ltr_acduistion acceptance Mamaroneck SCAN DOT N eement of Advance Payment Packet 881547_ROW265_MM 21_RESOLUTION_11 2022 8815.47_Map 21_ROW265_Explanation of Acquisition_Town of Mamaroneck Page 18 of 138 NEW YORK STATE DEPARTMENT OF TRANSPORTATION MAP NO. 21 WEAVER STREET, PART 1 ACQUISITION MAP PARCEL NO. 32 S.H. NO. 1645 PIN 8815.47 SHEET 1 OF 2 SHEETS MAP REFERENCE INFORMATION: TOWN OF MAMARONECK PARCEL SUMMARY: A Map entitled Map 3 R-3 By ( REPUTED OWNER ) Type: Fee Westchester County Department of Portion of 2021 Tax Map Public Works dated November 29, 1940 CCD: LIBER 3957 PAGE 281 Ref. No. 4-6-1 and Filed in the Westchester County Town of Mamaroneck Clerk's office on October 28, 1941 as TRN 10 County of Westchester Map No. 5464 State of New York Parcel Locator Point: Parcel No. 32 N: 767622.191 w E: 698840.039 0 v � r- z w o J 3 QQ� o o Z Uj z o it P.O.B. 17+11+_ B.T.P.A. +' 6ACA 17+23t L, �7", 2 t, 7 AN AN96l, B.T.P A. FAD(a.rP P,R00UCED:7 7+. 9J., R 3,,' 16+45i A.1 5601560'13"E SS9ogJS9 rF 1 eR wFq�FR BOROAD 17+P.22 16+92 A. �SS,9 p S/� 3.11' 17+02. A(A E 12S 69S Rj 1 N34-52'07"E B.T.P.A72 16+48.43 R.3g 16+0p 1tz 15+56* lIg91 J 14.74' 1 4.48' 251, — 1 NIC 1,9331 )3epNNDAR W4Y 14+83+_ e Qp� FEE 15+55.91 S)3°2 , 15+00 19*' EP \ 5.18' 429E 6p+. t STA. \1 12+24,912 P32 P32 0�/1 4+96± sq 3,443± SQ. FT. OR / ��1+ 20ZD SNRW\\ 0.079+ ACREN)ZoS6,t0q�WC1Nf TOWN OF MAMARONECK 4`°' N/D 0 ( REPUTED OWNER ) 411 W64 TH 28.10' 4 9�G Qpv \ T CUT ?S WALK \ 6 \ 17.56'\ WI O SPIKE 44 91' s96 DRIVE �• 5 � ,SPIKE N/D 36" WOOD MAPLE T CUT T CUT CORNER 17.03' CURB CURB BUS SHELTER A& 13.19 i 31.11, 44.89 TIE NOT TO SCALE N/D R�lFr�S @ STA. 16+92.788 r 2 NYSPCS EAST NA083f1 46.66'\ EPOCH2 010O10.00(MYCS2 .F. 0.99995233 N 767582.8456 E 698846.6340 �\ TIE NOT TO SCALE @ STA. 12+24.912 NYSPCS EAST NADEPOCN201D.83f20111OOUIYCS21 ,F,0.99995233 N 767445.5539 E 699293.9137 ti 40 0 40 80' 1" = 40' PREPARED BY CHECKED BY Clm- - -..- FINAL CHECK BY Page 19 of 138 NEW YORK STATE DEPARTMENT OF TRANSPORTATION MAP NO. 21 WEAVER STREET, PART 1 ACQUISITION MAP PARCEL NO. 32 S.H. NO. 1645 PIN 8815.47 SHEET 2 OF 2 SHEETS Field Survey Records and Control Report.are on file in the Regional Office of NYSDOT. All that piece or parcel of property designated as Parcel No. 32, situate in the Town of Mamaroneck, County of Westchester, State of New York, as shown on the accompanying map and described as follows: Beginning at a point on the southwesterly boundary of the existing weaver Street, Part 1 highway at the intersection of the said boundary with the southeasterly boundary of the existing Palmer Avenue, said point being 36± feet distant northerly, measured at right angles, from station 17+11± Back Tangent Produced Ahead (B.T.P.A.) of the hereinafter descried survey baseline for the reconstruction of the Weaver Street, Part 1, State Highway No. 1645; thence southwesterly along the last mentioned boundary of said existing Palmer Avenue 32± feet to a point 7± feet distant northerly, measured at right angles, from station 17+23± B.T.P.A. of said baseline; thence through the property of Town of Mamaroneck (reputed owner)the following five (5) courses and distances: (1) South 60--50'-13- East, 16± feet to a point 3.11 feet distant northerly, measured at right angles, from station 17+07.22 B.T.P.A. of said baseline; (2) North 346-52-07" East, 14.74 feet to a point 17.15 feet distant northerly, measured at right angles, from station 17+02.72 B.T.P.A. of said baseline; (3) South 590-47153` East, 55.74 feet to a point 4.48 feet distant northerly, measured at right angles, from station 16+48.43 of said baseline; (4) on a curve to the left, having a radius of 392.51 feet, a distance of 93.31 feet to a point 5.78 feet distant southerly, measured at right angles, from station 15+55.91 of said baseline; and (5) South 73°-24-29" East, 60± feet to a point on the northwesterly boundary of Old Weaver Street, the last mentioned point being 5± feet distant southerly, measured at right angles, from station 14+96± of said baseline; thence northeasterly along the last mentioned boundary of said Old weaver Street 19± feet to a point on the southwesterly boundary of said existing highway, the last mentioned point being 9± feet distant northerly, measured at right angles, from station 14+83± of said baseline; thence northwesterly along the last mentioned boundary of said existing highway the following four (4) distances: (1) 73± feet to a point 8± feet distant northerly, measured at right angles, from station 15+56± of said baseline; (2) on a curve to the right, having a radius of 378.51 feet, a distance of 90± feet to a point 18± feet distant northerly, measured at right angles, from station 16+45± of said baseline; (3) 41± feet to a point 27± feet distant northerly, measured at right angles, from station 16+85± of said baseline; and (4) 27± feet to the point of beginning; being 3,443 square feet or 0.079 acre more or less. The above mentioned survey baseline is a portion of the 2020 survey baseline for the reconstruction of the Weaver Street, Part 1, State Highway No. 1645 as shown on a map and plan on file in the Office of the State Department of Transportation and described as follows: Beginning at station 12+24.912; thence North 72°-56'-10.4^ West to station 16+92.788. All bearings referred to TRUE NORTH at the 74 - 30' MERIDIAN OF WEST LONGITUDE. Westchester County Map Index System: Town of Mamaroneck, Sheet No. 27, Block No. 3218. Unauthorized alteration of a survey map a. bearing a licensed land surveyor's seal is a OF FJEky N violation of the New York State Education I hereby certify that the property mapped above is t� j r� Law. necessary for this project, and the acquisition 's thereof is recommended. * rh '. I hereby certify that this map was prepared 7 G� in accordance with current NYSDOT policies, Z DATE: 2e-,,-I e,- �V 2021 f- 4 r-w s C' j standards and procedures. DATE: / / 2021 � O y MICHAEL K. SCHAEFEREGIONAL D IGN ENGINEER LAND FOR THE REGIONAL bIRECTOR OF SPORTATION REGION 8 MICHAEL 9ZA, SENIOR LAND SURVEYOR P.L.S. LICENSE NO. 050318 TOWN OF MAMARONECK (Reputed Owner) Map of property which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York in fee for purposes connected with the highway system of the State of New York pursuant to Section 30 of the Highway Law and the Eminent Domain Procedure Law. There is excepted from this appropriation all the right, title and interest, if any, of the United States of America in or to said property. Pursuant to the statute(s) set forth above and the I have compared the foregoing copy of the map authority delegated to me by official Order of the with the original thereof, as filed in the Office Commissioner of Transportation, this acquisition of the State Department of Transportation, and I map is hereby approved and filed in the main do hereby certify the same to be a true and office of the New York State Department of correct copy of the original and of the whole Transportation. thereof. Date: office of Right of Way office of Right of Way Page 20 of 138 NEWYORK De Department of KATHY HOCHUL STATE OF p Governor OPPORTUNITY. Transportation MARIE THERESE DOMINGUEZ Commissioner LANCE MacMILLAN,P.E. Regional Director January 17, 2023 Via Email Only The Honorable Jaine Elkind Eney Supervisor Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Via Email Only Mrs. Meredith Robson Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 RE: PIN 8815.47 Route 6 T/O Cortlandt & Route 125 T/O Mamaroneck Pavement and Pedestrian Improvements Dear Supervisor Elkind Eney & Mrs. Robson: I am pleased to update you on the New York State Department of Transportation (NYSDOT)'s project that will improve the pedestrian facilities to comply with the American Disability Act along Route 125 northbound from Forest Avenue to 300 feet north of the intersection of Route 125 and Forest Avenue, as well as Route 125 southbound from Boston Post Road to Palmer Avenue. We are currently finalizing the contract details in preparation to advertise the contract and open bids on March 23, 2023. Also, we would like to thank the town for the acceptance letter dated June 29, 2022 regarding the support for De Minimis Impact Finding. However, in order to start construction, the FHWA requires us to seek the Town's agreement as to the actual area that was acquired by the State. Please see attached acquisition map. Note that the acquisition area also includes the existing roadway and sidewalk; although the acquisition area on the property side of the park has not changed (2 feet behind the sidewalk) and is equivalent to what has been indicated in the Town's letter of Support for De Minimis Impact Finding. 50 Wolf Road,Albany, NY 12232 1 www.dot.ny.gov Page 21 of 138 Along with this letter please find a template letter that you could modify as needed for the Town's concurrence with the acquisition map. At this time, it is anticipated that this project will be constructed in the summer/fall of 2023. Project construction will maintain the existing two travel lanes at all times with occasional one-lane closures to allow access for construction equipment. If you have any questions or need additional information, please contact Oscar Olarte at 845-431-5876 or Oscar.Olarte@dot.ny.gov Sincerely, Mark J. Tiano, P.E. Regional Design Engineer Page 22 of 138 INEWYORK Department of KATHY GOeHUorE OFORTUNITY Transportation MARIE THERESE DOMINGUEZ Commissioner LANCE MacMILLAN,P.E. Regional Director January 11, 2022 Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10538 ATTN: Robert Wasp, Town Engineer Subject property address: corner of Palmer Ave and Weaver St, Mamaroneck, NY 10538 Re: PIN 8816.47.221 SH 1645; Weaver Street, Part 1 Map: 21 Parcel: 32 Town of Mamaroneck County of Westchester Dear Mr. Wasp: Per your request, enclosed please find a set of Agreements of Adjustment and Release of Owner. As described in the offer letter dated November 21, 2022, this set of agreements settles the Town of Mamaroneck's claim for the offered amount, plus applicable interest, and waives your right to file a claim in the Court of Claims. Your office may execute either the set of Agreements for Advance Payment.or the Agreements of Adjustment and Release of Owner as part of the process of accepting the offer of just compensation. In addition to the agreements, the W-9 tax form, and the resolution already provided to your office, I am enclosing the closing documents needed to progress payment of the just compensation. Please refer to the enclosed Instructions for Document Completion for further guidance. As with the November 21, 2022 offer packet, I am including a self-addressed, stamped envelope for your convenience. can be reached at 845-437-3382 or by e-mail at kristin.cotton a()dot.ny.gov if you have questions about the paperwork or the project in general. Sincerely, Kristin S. Cotton Real Estate Specialist 1 Enclosures cc: Acquisitions Management Bureau, POD 41 Page 23 of 138 AC1366-S(2l12)State CLAIM FOR PAYMENT— of New York PURCHASE OF LAND OR PROPERTY NYS Agency/Vendor Information Vendor Identification Number Vendor Location ID Vendor Address Sequence Vendor Name 1 Vendor Name 2 Board of Park Commissioners of Park District No.1 of the Town of Mamaroneck Voucher ID Business Unit Name Busines Interest I Purchase Order No. Date(MM) (DD) s Unit Eligible (YY) (YIN) Payment Date (MM) (DD) (YY) Liability Date (MM) (DD) (YY) Merch/Inv.Redd Date (MM) (DD) (YY) Withholding Class Withholding Amount Handling Code Payee Amount Agency Internal Use Addr ss Line 1 Invoice Number Invoice Date o e k ask.,,1?1s t 9)a Address Line 2 City State Zip Code �t'lo r�tara ec�S lOh by Description of Property Purchased (Limit to 254 spaces) Property Address Corner of Palmer Avenue&Weaver Street(SR 125) J City State Zip Code Mamaroneck NY 10538 Map and Parcel Numbers Contract ID M21 P32 Classification of Project Acquired Pursuant to Project Code:Proc.No.15246,P.I.N.8815.47, Statute Weaver Street,Part 1,S.H.No.1645, 1 Westchester County To payment pursuant to agreement or agreement of adjustment dated _ _ or Amount $ �{,� �J .-- judgment of Court of Claims for property and/or Easement Rights in and to property on appropriation map or as described above. Certification by Claimant:This is to certify that the sum mentioned in the above statement is correct and that no part thereof has been previously submitted or paid and the whole thereof is justly due and payable to claimant(s)in the above entitled project. Total $ SIGNATURE OF CLAIMANT(S) Board of Park Commissioners of Park District No.1 of the Town of Mamaroneck By Its: y` PeopleSoft Format Charge Lines(If Applicable) Business Unit Department Program Fund Account Budget Reference Project ID Activity Class Operating Unit Product Chartfield 1—Accumulator Charifleld 2—Accumulator Chartfield 3— Amount Legacy Format Charge Lines(If Applicable) Expenditures Liquidation Dept. Cost Center Var Yr Objec Accum Amount Ong PO/Contract Line F!P t Dept Statewid Liability Date From Date TC Subled er Optional Page 24 of 138 AC1366-5(Stat)State CLAIM FOR PAYMENT— Newof York PURCHASE OF LAND OR PROPERTY NYS Agency/Vendor Information Vendor Identification Number ]_`Vendor Location ID Vendor Address Sequence Vendor Name 1 Vendor Name 2 Board of Park Commissioners of Park District No.1 of the Town of Mamaroneck Voucher ID Business Unit Name Busines Interest Purchase Order No rDate(MM) (DD) s Unit Eligible I(YY) (Y/N) Payment Date (MM) (DD) (YY) Liability Date (MM) (DD) (YY) Merch/Inv.Rec'd Date (MM) (OD) (YY) Withholding Class Withholding Amount Handling Code Payee Amount Agency Internal Use Addres Line 1 Invoice Number Invoice Date �O Address Line 2 City State Zip Code a k1'6V { l 0 3 9 Description of Property Purchased (Limit to 264 spaces) Property Address Corner of Palmer Avenue&Weaver Street(SR 125) City State Zip Code Mamaroneck NY 10538 Map and Parcel Numbers Contract ID M21 P32 Classification of Project Acquired Pursuant to Project Code:Proc.No.15246,P.I.N.8815.47, Statute Weaver Street,Part 1,S.H.No.1645, Westchester County To payment pursuant to agreement or agreement of adjustment dated or Amount $ ��{.� 5• judgment of Court of Claims for property and/or Easement Rights in and to property on appropriation map or as described above. — Certification by Claimant:This is to certify that the sum mentioned in the above statement is correct and that no part thereof has been previously submitted or paid and the whole thereof is justly due and payable to claimant(s)in the above entitled project. Total $ SIGNATURE OF CLAIMANT(S) Board of Park Commissioners of Park District No.1 of the Town of Mamaroneck By:Y Its:y PeopleSoft Format Charge Lines(If Applicable) Business Unit Department Program Fund Account Budget Reference Project ID Activity Class Operating Unit Product Chartfield 1-Accumulator Chartfield 2-Accumulator Chartfield 3- Amount Legacy Format Charge Lines(If Applicable) Expenditures Liquidation Var Yr Objec Accum Ong Dept. Cost Center t Dept Statewid Amount PO/Contract Line F/P Liability Date From Date TC Subled er Optional Page 25 of 138 DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT-OF-WAY AFFIDAVIT OF TITLE Proceeding No. 15246 Project Weaver Street,Part 1, S.H.No. 1645 Map No. 21 Parcel No. 32 County Westchester Town Mamaroneck STATE OF NEW YORK ) \ ' ) SS.: COUNTY OF V ) y , being duly sworn, says: \FIRST: I reside at and I am the'v of Board of Park Commissioners of Park District No. 1 of the Town of Mamaroneck which was the owner in fee simple of the property shown on the above-designated map on rHbc..,, �� ,20_Z�L,the date of appropriation thereof by the State of New York. That said property was acquired by said owner or owners at the time and in the manner following,to wit: By deed from Town of Mamaroneck dated February 19, 1963 and recorded in the Westchester County Clerk's Office on March 1, 1963 in Liber 6281 Cp 267. SECOND: During the entire period of such ownership,the property was in the possession of said owner or owners; that such possession was peaceable and undisturbed, and the title thereto was never disputed, questioned or rejected. I know of no facts by reason of which such possession or title might have been called into question or by reason of which any claim to any part of the appropriated property or interest therein adverse to said ownership might have been set up. There are no judgments against such owner or owners unpaid or unsatisfied of record entered in any Court of this State or of the United States. Said property and the claim of said owner or owners by reason of the appropriation thereof are free and clear of all mortgages, attachments, judgments, leases, tenancies, easements, licenses, charges estates, unpaid taxes and assessments, unredeemed or uncancelled tax sales, contracts of sale, actions or proceedings that may affect the same, and of any and all other rights, liens, and encumbrances whatsoever,except(state exceptions, if any.) Easement granted by Town of Mamaroneck and Town Board of the Town of Mamaroneck Acting as Commissioners of Sewer District No. 1 in the Town of Mamaroneck to The County of Westchester, dated December 29, 1948, recorded in the Westchester County Clerk's Office on January 18, 1949 in Liber 4710 page 111. Utility and telephone poles and lines owned by Verizon New York,Inc. Utility lines owned by Consolidated Edison Company of New York,Inc. Cable lines owned by Altice USA,Inc. Water pipeline owned by Westchester Joint Water Works. -over- Page 26 of 138 THIRD: No proceedings in bankruptcy have ever been instituted by or against said owner or owners in any Court or before any officer of the State or of the United States, nor has an assignment for the benefit of creditors been made at any time by said owner or owners. FOURTH: I am over the age of eighteen years. None of the owners has been known by any other name (e.g.,maiden name) in the past ten years except as follows: FIFTH: (additional proof,if any) The subject premises are not mortgaged. Under the bylaws of Board of Park Commissioners of Park District No. 1 of the Town of Mamaroneck, the undersigned has full and complete power and authority to act on behalf of and bind Board of Park Commissioners of Park District No. 1 of the Town of Mamaroneck, in all matters relative to this appropriation, including but not limited to, the execution of any agreements of adjustment or advance payment agreements in full or partial settlement of the claim for damages of said corporation, execution of any releases, affidavits and vouchers as required by the Attorney General of the State of New York, execution of any authorizations to pay third parties in settlement of claims of said third parties or to discharge or clear any encumbrances on title, and any other papers, documents, or legal instruments which become necessary to procure payment and partial or full settlement of said claim. SIXTH: Said owner has not transferred, pledged or assigned either all or any part of aforesaid claim herein or of the compensation to be paid therefore by reason of the aforementioned appropriation, except(state exceptions.. if any.) SEVENTH: The allegations herein as they relate to any co-owners and to any ownership in corporate; representative or fiduciary capacity are upon information and belief. All statements and representations in this affidavit are made to induce The People of the State of New York to pay to Board of Park Commissioners of Park District No. 1 of the Town of Mamaroneck the money in accordance with the Agreement relating to the claim of said owner or owners, or, in the absence of any such agreement,in accordance with Award of the Court of Claims. Board of Park Commissioners of Park District No. 1 of the Town of Mamaroneck By\4 Its: v (.T7+t e) Sworn to before me this day of' , 20�' V Notary Public, State of New York Page 27 of 138 ROW 21-8(11/02) NEW YORK STATE DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT OF WAY PROPERTY ACQUIRED BY APPROPRIATION INTEREST SUPPLEMENT TO AGREEMENT Lawful interest will be paid on the amount you are entitled to receive under this Agreement. State law governs the amount of interest you are entitled to and how that interest is calculated. Interest payments are determined as follows: 1. Interest shall begin to accrue on the amount payable to you under this Agreement from the earlier of. a. The transfer of title to the State by the filing of an appropriation map in the office of the County Clerk in the County where the property is located;or b. The date upon which the State or its contractors enter the property for construction purposes, if title has not been already transferred to the State by the filing of the appropriation map as in a.of this paragraph. 2. Interest shall be paid at a rate established by statute. Current law applying to your claim requires that,unless the State has deposited the amount you are entitled to receive under this Agreement into a Special Eminent Domain Account(the"Special Account"),the State will pay interest at a rate not to exceed 9 per cent per annum(simple interest and not compounded). If your money has been deposited into the Special Account,you will be paid interest at a rate to be determined by the State Comptroller based upon the rate of interest earned by the Special Account during the period of deposit. Please note that the rate of interest earned by the Special Account may be significantly less than 9%. 3. The State is not required to pay interest,and interest will be suspended on the amount due under this Agreement,if: a. You notify the State in writing that you reject the offer of compensation contained in this Agreement; or b. You fail to notify the State in writing within 90 days from the date upon which you receive this Agreement that you accept the offer of compensation under the terms contained in this Agreement;or c. You fail to return the agreement and/or the closing papers provided to you,or the other proofs required by the State(collectively,the closing papers and other proofs are hereafter referred to as the"Closing Papers")within 90 days from the date upon which you receive the Closing Papers,and your failure is unreasonable. 4. The interest suspensions described in paragraph 3. of this supplement shall continue until such time as you accept the State's offer,or you return the Agreement and/or all of the Closing Papers supplied to you,properly executed in a manner satisfactory to the State,whichever is applicable. Page 28 of 138 ROW 21-1b(06/2021) NEW YORK STATE DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT OF WAY AGREEMENT OF ADJUSTMENT and RELEASE OF OWNER PIN 881547221 PROC 15246 PROJECT SH 1645, Weaver Street, Part 1 MAP(S) 21 PARCEL(S) 32 COUNTY Westchester �TOWN/CITY Mamaroneck VILLAGE THIS AGREEMENT, made this J day of`� between Town of Mamaroneck ATTN: Robert Wasp,Town Engineer 740 West Boston Post Road Mamaroneck, NY 10543 hereinafter referred to as "Claimant," and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE OF THE STATE OF NEW YORK, hereinafter referred to as"the State," WITNESSETH: WHEREAS, pursuant to statute, the State is appropriating or has appropriated, for the purpose of the above identified project, certain property shown and described on the above designated map(s), and WHEREAS,the Claimant was, at the time of said appropriation or, if said appropriation has not yet occurred, the claimant is now,and at the time of said appropriation, will be,the owner of the property affected by said appropriation of some right, title;or interest therein; NOW,THEREFORE, it is.understood and agreed by and between the parties as follows: 1. The compensation to be paid by the State for the total value of the property so appropriated and for all legal damages caused by such appropriation, including all damages incurred by virtue and during the pendency of said appropriation proceedings, and including all damages to the remainder of said affected property, if any, of which the appropriated area formed a part, whether caused by said appropriation or by the use of said appropriated property, excepting the aggregate value, if any,of claims hereinafter specifically excluded, is the sum of Seventy Nine Thousand Nine Hundred Seventy Five and 00/100 Dollars($79,975.00). 2. The Claimant agrees, as a prerequisite to such payment,to execute and deliver, or cause to be executed and delivered,to the Attorney General, all title papers or other papers reasonably necessary to effect a valid transfer of title, authorize payment,and secure to the State a full release of all claims(other than the claim of Claimant)existing by reason of the aforementioned appropriation, including such claims existing by reason of any estate or interest in the streams, lakes,drainage and irrigation ditches or channels, streets, roads, highways, or public or private rights of way, if any,adjacent to or abutting the above-mentioned property required for the purposes of said project.The State will identify such title papers or other papers reasonably necessary, upon written request for this information by Claimant. 3. This Agreement is exclusive of the claims, if any, of persons other than owners of the appropriated property, their tenants, mortgagees and lienors, having any right or interest in any stream, lake, drainage and irrigation ditch or channel, street, road, highway, or public or private right of way,or the bed thereof,within the limits of the appropriated property or contiguous thereto. 4. The aforesaid compensation is to be paid hereunder only upon approval of this Agreement by the Director of Office of Right of Way or the Comptroller of the State of New York and upon certificate of the Attorney General of the State of New York as required by law. 5. This Agreement is also exclusive of claims, if any(other than the claim of the Claimant),for the value of or damage to easements and appurtenant facilities for the construction, operation and maintenance of publicly owned or public service electric,telephone,telegraph, pipe,water,sewer and railroad lines. Page 29 of 138 6. The amount agreed upon herein as compensation shall be binding and conclusive on the parties in any n-♦•inn nr...-- nA;rn...;Hk -n In F;-- F-4k- -4P---nn:.J +-........-:-L:..... .... ............--. :...- MI - --I ..-I..-. _L'I-.. . -- 9. This agreement is exclusive of the claims, if any, for payment of allowable moving expenses of owners, occupants or tenants of residential and commercial property and is also exclusive of any claims of claimant for pro-rata payment of all real property taxes, water and sewer rents, levies or charges paid or payable to a taxing entity as provided for by statute. 10. It is understood and agreed by and between the parties hereto that any occupancy beyond months from the date of vesting by the State of New York will result in an additional payment at a rate of$ t4\19 _ per month, until the State files a certificate of termination or the current property owner divests itself of its interest in the property,whichever is earlier. A final payment for this occupancy will be made upon the termination of the easement pursuant to Highway Law Section 30(20) by the filing of the Certificate of Termination. In consideration of the sum of Seventy Nine Thousand Nine Hundred Seventy Five and 00/100 Dollars($79,975.00)and in accordance with and pursuant to the above provisions, claimant hereby releases, exonerates and discharges The People of the State of New York from any and all claims and liability arising from and growing out of said appropriation and agreement, including any claim for the value of the property so appropriated and for all legal damages caused by such appropriation and all damages incurred by virtue and during the pendency of said appropriation proceedings and all damages to the remainder of the property of claimant of which the appropriated area formed a part, whether caused by said appropriation or by the use of said appropriated property, and from any and all claims which claimant has or may have by reason of any estate or interest in the streams, lakes, streets, roads, highways or rights of way, if any, adjacent to or abutting on the above mentioned property. IN WITNESS WHEREOF,the parties have executed this Agreement the day and y ar first above written, and this release has been executed by Claimant this — day of 2 THIS AGREEMENT shall inure to the benefit of and bind the distributees, legal representatives, successors, and assigns of the parties. Claimant: Town of Mamaroneck BY:, ITS., STATE OF NEW YORK COUNTY OF )ss.: On the day of in the year before me, the undersigned,a Notary Public in and for said State, personally appeare personally known to me or proved to me on basis of satisfactory evidence to be the individual(s)whose name(s) is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted, executed the instrument. (Notary Public) (Attach additional acknowledgements as necessary.) APPROVED: COMMISSIONER OF TRANSPORTATION FORTH E PEOPLE OF THE STATE OF NEW YORK Page 30 of 138 INSTRUCTIONS FOR DOCUMENT COMPLETION Agreements —Agreement of Advance Payment (Included in the 11121122 offer packet) OR Agreement of Adjustment and Release of Owner (Enclosed) • Choose ONE set of agreements EITHER the Agreements for Advance Payment OR the Agreements of Adjustment and Release of Owner. • Date and sign all four copies where indicated in the presence of a Notary Public. Please ensure ALL red-checked areas have been completed. Keep the copy labeled"Claimant's Copy"for your records. • Return the remaining three(3) agreements to our office using the self-addressed, stamped envelope. W-9 Tax Form—please complete all red-checked areas and return the document to our office. (Included in the 11121122 offer packet.) Resolution — please complete the resolution provided for the Town of Mamaroneck Board of Park Commissioners of Park District No. 1 ratifying Agreement and designating officer(s)or proper part(ies)to execute closing papers on their behalf. (A simple, single-page ;,solution wa offer packet). r Claims for Payment (vouchers) — sign BOTH Claims for Payment and return BOTH originals to our office. Affidavit of Title— please sign and have notarized and return the original to our office. (Enclosed) Please return the completed documents in the envelope provided. Page 31 of 138 RESOLUTION Resolved at the regular meeting of the Governing Board of Directors or Governing Body of the Town of Mamaroneck ratifying Agreement and designating officer(s) or proper party(ies)to execute closing papers on its (their) behalf, on , 20 , the following Resolution was adopted, offered by , and seconded by and passed by the Town of Mamaroneck governing board that (title) of the Town of Mamaroneck governing board be empowered to execute the Agreements and any subsequent papers which might be required to secure payment of this claim: Proceeding 15246, PIN 8815.47.221, S.H. 1645, Map 21, Parcel 32. Resolution carried, (Title) I, of the Town of Mamaroneck governing board hereby certify that the above Resolution was passed by the Town of Mamaroneck Board of Directors or Governing Body and that this is a true and exact copy thereof. Page 32 of 138 NEW YORK STATE DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT OF WAY REGION 8 EXPLANATION OF ACQUISITION/OFFER OF SETTLEMENT PIN: 8815.47.221 PROC#: 15246 DECL: 1356 SH: 1645 PROJECT: Weaver Street, Part 1 COUNTY: Westchester TOWN/CITY: Mamaroneck VILLAGE: --- MAP(S): 21 PARCEL(S): 32 CLAIMANT(S): Town of Mamaroneck EXPLANATION OF ACQUISITION Map 21, Parcel 32 is an acquisition in FEE. Irregular in shape,the acquisition is located along the north side of the Town of Mamaroneck's property that borders State Route 125 (Weaver Street). Beginning at the corner of Palmer Avenue and Weaver Street and extending in an easterly direction along Weaver Street, the easement is 231t feet in length. It is 32t feet deep at the west side of the easement for the first 16t linear feet before reducing in depth of 19f feet for the remainder of the acquisition. FEE Map 21 Parcel 32 contains a total area of 3,443t square feet (0.079t acre) and is being acquired in conjunction with a planned sidewalk repair and upgrade project that will be commencing along this section of State Route 125. Offer of Settlement 1. Direct Damages $79,975.00 2. Indirect Damages $ 3. Rental Value -Temporary Occupancy $ 4. Rental Value -Temporary Easement $ Total Damages-Just Compensation $79,975.00 NOTE: The amount of Direct Damages includes compensation for portions of lawn, concrete sidewalk, curbing,and asphalt pavement contained within the acquisition area. The above value represents the amount of our highest approved appraisal,developed in accordance with appraisal standards as defined by the Uniform Standards of Professional Appraisal Practice(USPAP). If you are satisfied with our explanation of the acquisition and wish to settle your claim with the State, you may request that we send you the Agreement of Adjustment and Release of Owner for execution. If you wish to leave your claim open and still collect the offered compensation, you may execute all three of the enclosed Agreement for Advance Payment documents, keeping one for your records and returning two in the self-addressed envelope provided. Once we receive your signed agreement and the closing papers have been completed and processed, payment can be made to you. Please note that, in making this offer and any subsequent payment, the Commissioner of Transportation and the State of New York reserve certain rights, as explained in this paragraph. If, in the course of the construction of this project or the use or occupation of the property by the State or its authorized agents, it is discovered that hazardous or contaminated materials are present on any portion of the property in which the State is acquiring an interest, and such condition requires remediation by the Department of Transportation and/or some other State agency,the Commissioner and the State shall have the right to assert any claim, fine or penalty authorized by law against you or any other person or entity who owned, occupied or used the property, or caused such contamination, prior to the State's acquisition. This includes the right to assert a claim against any payment made pursuant to either of the enclosed Agreements or any subsequent payment, including any court award or settlement. ROW 265-1 (5/2013) Page 33 of 138 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@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: EMS Billing Proposal Date: January 27, 2023 Attached is a memo from Ambulance District Administrator,Michael Liverzani regarding the transition to a new EMS billing company. I have reviewed this with Mike and am recommending the switch from Evolutions Billing to ProClaim EMS Solutions & Billing to improve administration of our billing services. Action Requested: Resolved that the Town Board hereby approves the proposal from ProClaim for a new EMS reporting software and authorizes the Town Administrator to execute any documents relative to this change. Page 34 of 138 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 mliverzani@townofmamaroneckNY.org Date: January 27, 2023 To: Meredith Robson, Town Administrator From: Subject: EMS Billing Proposal General: The Ambulance District has contracted with Evolution Billing Solutions since 2008 as our EMS billing vendor. We enjoyed a good relationship and have favorable billing returns. However, several factors have led us to believe we need to switch billing services. Last year, Evolution was the victim of a cyberattack that caused us to lose data. We have also been receiving complaints from residents lately about difficulty contacting Evolution by phone and general poor customer service. In the next month we are transition to a new EMS reporting software suite. Therefore, we are no longer dependent on Evolution for software and hardware support. After researching EMS billing companies, we recommend ProClaim EMS Solutions & Billing. ProClaim has many Westchester clients all reporting positive results and excellent customer service. The ProClaim proposal offers EMS billing and a suite of services that we do not currently receive. Proclaim will also provide a tablet computer for each ambulance and maintain and service that tablets as part of the contract. The proposal is for a 9%of collections,which we are currently paying Evolution. We respectfully request the Town Board approve a contract with ProClaim for EMS billing services. The suite of services including hardware support as well as improved data security and improved customer service to residents will benefit the residents of our community. Attachment/s: Proclaim Proposal 23.1.9 (004) Page 35 of 138 P.O. Box 626 Tarrytown, NY10591 T 914.366.4004 F 914.366.4111 www.proclaimservices.com Billi* ng Services Proposal JProClaim EMS SOLUTIONS & BILLING Supporting Your Mission to Save Lives Page 36 of 138 P.O. : Tarrytown,NY 10591 Claim 914.366.4111 ,,. in P.O. Box 626 Tarrytown, New York 10591-0626 January 9, 2023 Michael Liverzani Ambulance District Administrator Town of Mamaroneck Ambulance District 740 West Boston Post Road Mamaroneck, NY 10543 Re: Billing Services Proposal Dear Directors: Please accept this proposal in response to your Billing Collection Services request. ProClaim appreciates the opportunity to serve Town of Mamaroneck Ambulance District(TMAD). The proposal contents may be fully incorporated into a written contract. ProClaim has more than 20 years of experience in EMS billing. We serve over 90 clients across New York and Massachusetts,and our business largely caters to volunteer ambulance agencies,fire districts,and municipalities. Our company is a National Women Business Owners Corporation (NWBOC) and a NYC Women-Owned Business Enterprise (WBE)that does not"offshore"or utilize contracted employees. We do work with many key partners to provide value and enhanced services to your agency. ProClaim is extremely proud of the close relationships we have built with our EMS clients and the positive impact this has had on our entire local community. ProClaim has developed a reputation within the EMS community for implementing new programs and clinical sophistication. This reputation provides a competitive advantage as we have been recognized for our many successful partnerships with public, private, and non-profit organizations. ProClaim has never been involved in litigation or received a corporate complaint. We endeavor to continually improve the billing function by deploying models and practices that recover funds more closely reflecting the cost of providing the services. These enhancements, along with the addition of our Intelligent CQI Suite,TRAC Reporting,Adaptive Technology Package, ePCR Flex Program, Patient Experience Surveys, and CARES participation will help us all work toward one common goal—to create a sustainable EMS system to efficiently deliver the best possible pre-hospital care to the citizens of Mamaroneck. We will reconcile financial accounts monthly to the full satisfaction of Town of Mamaroneck Ambulance District. Sincerely, Frank Orlando, Director of Business Development Page 37 of 138 Pricing Proposal Based on the demographics and current volume of Town of Mamaroneck Ambulance District(TMAD), ProClaim is proposing a 9%contingency fee of net collections.The State of New York prohibits contingency fee billing on Medicaid claims.As such, Medicaid claims will be billed at a flat per-claim rate of$10.00 per claim. ProClaim will provide TMAD with the services detailed in this proposal as well as a lockbox through Lighthouse Financial at no additional charge. Fees are billed monthly,with an expectation of net 45 payment. Key Elements for TMAD mi'L REPORTING We very much appreciate the opportunity to learn more about TMAD and how we can help improve your billing process. We would like to highlight several aspects of our proposal. We have shared extensive examples of our suite of reports with TMAD showing real data and processes from other ambulance services. A key to our reporting is that is has been developed to address the most rigorous requirements of the municipal finance leaders and auditors of all agencies that we serve. We have a custom reporting expert on our staff to address specific needs of your agency. Our TRAC(Transparent Reconciliation Accounting Closing) reporting structure has worked successfully for all of our 50 EMS agencies. Additionally, our reporting is built to address the needs of your agency leaders. Our reporting was developed and is used by ambulance services to track financial metrics that allow leaders to track their performance and see trends. All reports will be provided during the end of the monthly billing cycle on a regular schedule. Additionally, each month we provide the entire set of accounting closing reports to our agencies which provide all of the backup for our regular monthly reports. We also understand the TMAD need for transparency and access. Every month we provide the entire set of accounting closing reports to our agencies that provide all of the detailed backup to our regular monthly reports and additional reports can be generated upon request. � ., ..... PCR Fill! ProClaim remains able to work with and bill for services documented in any ePCR platform. Over the years, however,we have found several current and prospective clients are interested in exploring new ePCR options. ProClaim is now able to offer ePCR to all of our clients through new partnerships with software vendors. TMAD may continue to use its current software at its own expense or upon request,we will provide TMAD with either the ZOLL or ESO EHR software at no additional charge. CAD Interface may be purchased separately by TMAD directly from the software vendor. Page 38 of 138 Reducing Burden on TMAD Field and Administrative Staff ProClaim utilizes multiple tools and resources to take more of the billing information burden off of your field providers and administrative staff. ProClaim utilizes Zoll RescueNet Billing Pro to locate and verify insurance and demographic information of your patients. We are able to often find patient information with a patient name and a date of birth. Proper patient signatures and proper clinical documentation are also required for billing compliance purposes. ProClaim also uses Solutions Group Self-Pay Coverage Finder. This service performs national database searches as a next level search to locate patient insurance information. This tool is particularly helpful in finding payer information for patients who do not have local health insurance coverage. While we very much welcome any and all information that your field staff can provide, our system has been built using tools to not require it. Members of the ProClaim team are also paramedics who understand the intersection between billing and operations. It is not realistic or a successful to put excessive billing information demands on field providers. With the permission of Port Jefferson,we have been able to share our performance in this area with TMAD. As an example,we have been able to use these tools and processes to move Port Jefferson to a point where less than 4%of their patients are classified as bill patient. Implementing TMAD Resident Billing Policies ProClaim has significant experience with specific resident billing policies. The vast majority of our clients do not bill residents for co-pays. ProClaim is able to provide tracking and reporting to assist TMAD with these policies. ProClaim clients also adhere to humane billing and collection policies. Soft billing practices is our norm. Financial hardship determinations and processes and made with the smallest amount of bureaucracy as possible and can be based on specific TMAD policies. Many ProClaim clients to use the outside collection agency that we partner with. First Financial Resources (FFR) has many EMS clients and understands the specific needs and demands of ambulance service. FFR generally charges 1/3 commission fee on all money collected. The FFR service is most often used by our clients with no corresponding reporting to credit bureau to improve collections without damaging credit. It is our understanding that TMAD would prefer to only use a collection agency for those patients who are paid directly by their insurance and do not pay TMAD. ProClaim and FFR have had a longstanding process in place to separately deal with this exact scenario. While ProClaim does have a dedicated in-house process and dedicated staff to work with patients who are paid directly, our program with FFR is an important part of dealing with these situations. Page 39 of 138 *ABOUT-�*- In response to the growing demands of the ambulance community, ProClaim was founded in 2001 by Joanne Orlando and Cindy Orfino. ProClaim is incorporated in New York, with each founder having an equal partnership stake. ProClaim prides itself on being a National Women Business Owners Corporation (NWBOC) and a NYC Women-Owned Business Enterprise (WBE). From our humble start with just the two founding partners,we have expanded our client base, staff, and partnerships. Throughout this growth,we have remained committed to being a local business and providing the same level of superior service to every client. ProClaim is primarily focused on small and medium sized volunteer services and municipal ambulance services. We fully understand the unique challenges and needs of our clients. Changes in healthcare, in particular ambulance billing and reimbursement, require knowledge and experience that only comes with working exclusively on EMS claims. Choosing a company that possesses this expertise is the first step toward financial success.With this exclusive experience in ambulance billing and collections, both Joanne and Cindy have extensive operational and management experience in the EMS industry. Our extensive experience in the ambulance industry has taught us that financial success is dependent upon a symbiotic union between billing, operations, and the clients to whom we provide service. To that end,we maintain close relationships both internally and with our clients. When you choose to employ ProClaim's services,you become not only a valued customer, but also our trusted partner. ProClaim is highly experienced in the intricacies and billing submission requirements of the Tri-State insurance carriers including all NYS Medicaid counties. We are 100%compliant with all Medicare, Medicaid and HIPAA regulations and continually remain current with all revisions issued by Federal, State and County agencies. '"Pp"'i"Y­P """'i... Page 40 of 138 Operational Experience For each client,we manually and systematically review every transport from internal receipt of the trip report through final adjudication of the claim. Monthly invoicing and reports are specifically provided to meet each of our clients' needs. Our experience includes: • Managing all aspects of the billing process,from paper trip report or ePCR import and coding to account resolution • Understanding and training our Coding staff on utilizing acceptable ICD-10 and/or condition codes,as defined by the payer. This will include the review of Medicare and Medicaid definitions for medical necessity along with the proper modifiers. • Knowledge of the submission and appeal policies of NGS, (the regional Medicare Carrier), Medicaid and the top payers in your region such as Blue Cross/Blue Shield, Emblem, and including New York State No-Fault regulations. Client Service • Regular meetings and updates to ensure internal and external compliant billing processes. • Coordinate month end reporting needs • Analytical review of your key financial indicators and recommendations periodically of areas to improve revenue • Assisting with budgeting and revenue forecasting for client • Tracking industry trends and regulations Software ProClaim utilizes ZOLL billing application. We maintain the most recent updates, including real-time eligibility verification. We consistently attend ZOLL seminars to provide input to ZOLL, based on ongoing needs of our clients and to stay current on all new features and functionality. The ZOLL system is exclusive to EMS Revenue Cycle and automates many of the billing processes. This facilitates ProClaim's ability to provide a faster processing time as well as reduction of any manual-related errors. This reduction of clerical functions allows ProClaim to focus on the complex areas for which true billing expertise is needed. In addition to the utilization of the ZOLL application, ProClaim is also partnered with Zirmed. This clearinghouse provides state of the art technology for claim submission, eligibility-checking, and electronic remittance. Compliance ProClaim partners with Pro EMS Solutions for best practices for billing compliance. Pro EMS has engaged an outside auditing firm to complete a SOC 1 Type II audit annually. We also complete an annual audit for compliance with HIPAA Security, Privacy and Breach Notification rules. ProClaim has an extensive relationship with EMS law firm Page,Wolfberg, and Wirth (PWW). All ProClaim personnel are Certified Ambulance Coders. We also employ a Certified Ambulance Compliance Officer. Page 41 of 138 Approach and Schedule In order to carry out the scope of services as outlined, ProClaim has a 6 Stage Billing Process: 1■STAGE ONE � iii ➢ Trips are imported into our Zoll system by ProClaim when completed by your crew. The PDF file is also included 00STAGE TWO TV,II ➢ Each trip is reviewed for correct demographics including verification of insurance data through the use of the Zoll Billing Pro module. Zoll Billing Pro allows ProClaim to search, obtain, and verify demographic information, including social security numbers and insurance information. With minimal information from the crews,we have a greatly enhanced ability to turn private bills to patients into bills paid by patient health insurance. ➢ If no insurance is obtained through Billing Pro, ProClaim utilizes the Self-Pay Coverage Finder to find billable insurance for patients from thousands of payer sources nationally. This use of technology to access and search national databases decreases bills to patients and increases insurance payments to your agency OWSTAGE THREE I ➢ The trip is coded with appropriate charges added. The coding review includes verifying level of service, medical necessity, required CMS signatures, and ICD-10 or condition code ❖ If there is no insurance available, our staff will attempt to call the patient and/or hospital. We will work with your organization to establish hospital relationships to assist in securing patient insurance and demographics OOSTAGEFOUR� 11100U ➢ Claims are submitted to our clearinghouse ➢ Deductible Management: Our solution works to attempt identification of unmet patient deductibles upfront, monitors the patient insurance in real-time, and notifies ProClaim to send the bill to the patient insurance when the deductible later becomes satisfied (usually within 45 days). This functionality helps lessen the number of your patients being billed privately due to their deductible and increases insurance receipts to your agency all while remaining withing the timely filing parameters ➢ Patient bills are also sent if there is no insurance available (the bill specifically asks for insurance data) or there is a balance due Page 42 of 138 @WSTAGE FIVE lllllr ➢ Payments are posted in batch ➢ Automated secondary billing commences upon posting of the primary payment Denials are captured and entered in a queue. Each denial is reviewed and resubmitted upon correction or appeal ONSTAGE SIX M "7 ➢ Accounts are closed upon receipt of full balance due At the direction of your organization, unpaid patient balances can be referred to an external collection agency and/or written off for accounting purposes Page 43 of 138 Additional Available Service Integrations At TMAD's request, ProClaim will implement any or all of the following service integrations at NO ADDITIONAL COST: Exper ence I3 SURVEY ,& After every EMS call,your patients receive a patient satisfaction survey of questions that ask about the quality of their experience. This data is collected,analyzed, and compiled into reports that provide statistical data from patient answers.These reports are a great tool to use as part of your agency CQI program. CARES Cardiac Arrest Registry to Enhance Survival 11 ProClaim collects all necessary information from your agency Patient Care Reports (PCRs) and provide all necessary management and data input to participate in the CARES(Cardiac Arrest Registry Enhanced Survival) database. Cardiac arrest survival data for your agency can be important for you CQI programs and level of clinical sophistication. ADAPTIVE T PACKAGE ProClaim offers an adaptive turn-key solution for your tablet ePCR hardware including the necessary software, support, and training to create a smooth transition from paper or another ePCR system. These durable tablets come with appropriate connectivity and are secured with double password access, encryption, as well as the ability to remotely delete sensitive information. In the event of loss,theft or total failure, new devices are shipped out as soon as possible. Based on your agency's volume and needs, our Technology Team will work with you to identify and provide the appropriate number of Microsoft Surface Pro tablets with 24/7 support at no additional charge. If your agency requires more devices than warranted by trip volume,we can provide them upon request for a nominal monthly service charge. W� INTELLIGENT JdQ 1 'SUITE X wz ProClaim offers a system of 100%CQI review.The Intelligent CQI Solution provides a comprehensive system of proprietary algorithms and human review to perform retrospective quality assurance activities and provide reports to assist in the improvement of EMS clinical care. This function reports to your agency leaders to facilitate their review calls with your EMS field providers. Page 44 of 138 P.O. Box 626 Tarrytown,NY10591 T 914.366.4004 F 914.366.4111 www.proclaimservices.com JProClaim EMS SOLUTIONS & BILLING Supporting Your Mission to Save Lives Page 45 of 138 PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York,a Public Hearing will be held on Wednesday, February 1,2023 at 8:00 PM or as soon thereafter as is possible,to consider the"Increase in the Income Levels for the Senior Citizen Tax Exemption and Persons with Disabilities and Limited Income Tax Exemption and Clarification that Co=Operative Apartments are Eligible for a Senior Citizen Tax Exemption" law,at the Town Center,740 W. Boston Post Road, Mamaroneck, New York. Purpose: Partial exemptions from real estate taxes are granted to certain senior citizens and certain persons with disabilities based upon their income. Apartments in co-operative corporations are considered "real property" for tax exemption purposes. While the article in the Town Code that grants a partial tax exemption to persons with disabilities articulates clearly that apartments in co-operative corporations are considered "real property" for tax exemption purposes, the article granting the senior citizen tax exemption does not. This local law amends section 195-6 A. of the Town Code to clarify that co-operative corporations are considered "real property"for the purpose of the senior citizen tax exemption. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34,35,36)or on LMC Media's website, https://Imcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx,or by calling the Town Clerk's Office at 914-381-7870,for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: ,2023 Page 46 of 138 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@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Fire Claims Date: January 25, 2023 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 47 of 138 Town of Mamaroneck Comptroller, Town Center 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: January 25, 2023 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire Claims General: Attached is the list of fire claims for approval. Attachment/s: Fire Claims Feb 123 Page 48 of 138 Town of Mamaroneck From: Tracy Yogman - Town Comptroller Re: Fire Claims Date: February 1, 2023 The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount AAA Emergency Supply Co., Inc Akron Plain Tip, servicing of SCBA Pack $ 6,332.74 Amazon.Com Picture frame calendars American flags, sheets pillows,comforter 247.44 Brown&Brown of New York Addition of VOM borrowed Fire Truck to Inland Marine Policy 59.00 B ram Mason&Building Supply 501b bag calcium chloride pellets 222.50 Con Edison Charges from 11/30-12/20/22 2,117.64 Embassy Cleaners Uniform cleaning- 12/6/22 13.80 Bound Tree Medical LLC Medical supplies 89.99 Champion Elevator CorpMaintenance for 3anuary 2023 209.83 GSB c/o M&T Bank Basic Life Premium Covered Activity, Pro-rated Life 2023 5 901.12 Home Depot Car cleaning accessory kit for Chief's car 24.88 Hubbinette Cowell Assoc. Inc Enhanced Cancer Care Policy 1 1 23-1 1 24 9,185.00 NYS Assoc. of Fire Chief Yearly dues 2023 200.00 Royal Comfort LLC Furnace boiler tune up&cleaning 1 850.00 Sound Shore Pest Control Exterminating Services 12 27 22 70.00 Town of Mam'k Prof Firefighters Life Insurance for 14 Career Staff Oct-Dec 2022 660.24 Town of Mam'k Prof Firefighters Murphy Bed Springs 72.00 Ton 's Nurseries 14" wreath &bow 23.98 The Hardware Group DBA: Foley Green Tri Tap cord 121.47 Uni First Corporation Cleaning supplies 12/9, 12/16, 12/23, 12/30/22 998.50 Uni First Corporation cleaning supplies 1/6, 1/13/2023 615.41 Refreshments for Gas Meters&SCBA Basic&meter training- 1/4, Villa Maria Pizza 1/17/23 380.24 Villa Maria Pizza Fast Drill- meal 10/26/22 121.46 VFIS c/o M&T Bank Deposit for Service Awards LOSAP for Volunteers 78,292.00 Verizon Fire HQ service 1/10/23- 2/9/23 281.51 W. W. Grainger Fire hose adapter&steel coupling 93.19 W. W. Grainger Laundry detergent,cleaner,sponges, lass cleaner 151.44 W. W. Grainger Furniture glides, nail-on-round 15.98 W3WW 6" Metered Fire service 11/26-12/25/22 37.00 WJWW 1205 Weaver St charges 11/22-12/27/22 107.26 Total $ 108,495.62 Page 49 of 138 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@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Allison May, Town Clerk Re: Consolidated Fee Schedule 2023 -Town Code, Chapter A250 Date: January 27, 2023 Attached is a consolidated list of fee changes encompassing multiple departments from Town Clerk, Allison May. These recommended fee changes are a result of the analyses in each department of comparable services in other departments in the county, as well as a review of the work required for each service. This type of review is done periodically and I recommend approval. Action Requested: Resolved that the Town Board does hereby approve the attached fee schedule as presented. Page 50 of 138 Town of Mamaroneck Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: January 26, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Richard PolcariBuilding Inspector CC: Robert P. WaspTown Engineer Subject: Consolidated Fee Schedule 2023 -Town Code, Chapter A250 General: A consolidated fee schedule for the Town is attached for Town Board review during the Work Session and subsequent approval, with any required changes/corrections, during the Regular Meeting. Please see attached and feel free to call me with any questions. Attachments: Consolidated Fee Schedule 2023 - Town Code, Chapter A250 - Pdf Page 51 of 138 Town of Mamaroneck Building Department, Town Center 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rpolcarl@townofmamaroneckNY.org Date: January 19, 2023 To: Meredith Robson, Town Administrator From: Richard Polcari, Building Inspector Subject: Building Department Fee Schedule General: A review of the Building Department's current fee schedule was conducted. To simplify the fee schedule,I would like to standardize the fees,as appropriate.In addition,I am requesting that we collect the permit fee up front, allowing for a 50%refund if the application or permit is canceled prior to any work being performed. Building Inspectors spend a great deal of time reviewing plans and working with applicants to bring an application to the permit stage. In cases where work is performed without a building permit, a legalization is required. I propose that the legalization fee for obtaining a permit be changed from double the permit fee to triple. Finally, I would like to add electrical permits to the building permit requirements. Requiring an electrical permit would be beneficial in keeping track of service upgrades, electric charging stations, installation of lighting, and other work that would not otherwise require a building permit. Page 52 of 138 Town of Mamaroneck Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 i-wasp@townofmamaroneckNY.org Date: January 24, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Allison MayTown Clerk Subject: Highway Permit Fee Schedule General: Highway Permits are issued by the Engineering Department for the completion of construction activities within Town-owned right-of-way areas. Most commonly these permits are issued to utility companies for their repair of underground infiastructure that requires trench excavation. Other typical permits are filed by residents for reconstruction of driveway curb-cuts, repair of sewer laterals and temporary use of roadway shoulder for construction access. Inspections are completed by Department staff to ensure that Town construction specifications are followed, and that proper restoration of pavement and shoulder areas is made at completion. Permit fees are paid in accordance with Town Code §187-5. Currently the permit fee amount is determined based upon an incremental assessment of$200 per 100 square feet of pavement disturbance. Fee schedules from numerous Westchester County municipalities were surveyed in preparation of the new recommended fee schedule. The recommended schedule as attached to this agenda item maintains the same permit fee for temporary use of Town right-of-way but increases the fee amount when trenchwork or excavation of the road pavement is proposed. The permit fee is proposed to remain incremental based upon the amount of disturbance more than 100 square feet. Creation of a new fee category for new connections to the Town's sanitary or storm sewer structures is also proposed. Additional inspections are often required for underground connection installation work that is intended as the basis for the slightly higher permit fee category. Based upon our review consideration, Engineering recommends that the new proposed fee schedule is (1)more closely representative of Department staff time incurred during permit issuance and inspection work; and(2) aligns with similar fees imposed by surrounding municipalities. We recommend that the Town Board considers adoption so that the fee schedule can be properly reflected in Town Code and be applied for all new permits moving forward in 2023. Please feel free to contact me with any questions. Page 53 of 138 For Adoption February 1, 2023 Chapter A250 Fee Schedule [HISTORY: Adopted by the Town Board of the Town of Mamaroneck 8-17-2011 by L.L. No. 8-2011; amended in its entirety 1-6-2021.] § A250-1 Enumeration of fees. The schedule of fees and deposits for services, applications, permits and licenses is as follows: Code Section Subject Fee or Deposit § 5-6 Board of Architectural Review application $125 § 50-3C Alarm system user permit for Business, per S-3&$100 calendar year or part thereof Alarm system user permit for Resident,per S-3&$40 calendar year or part thereof Alarm system user permit for Resident 65+, S-3$$25 per calendar year or part thereof § 50-41)(1) False alarm penalties,per calendar year: Second $15 Third and fourth $50 Fifth through 15th $100 Each subsequent occurrence $250 § 55-6A Mechanical amusement device license fee, annual: Per device $50 Per premises $125 § 58-7A Dog license fee for each neutered male or $20,plus state surcharge of$1 spayed female dog Dog license fee for each intact male or $25,plus state surcharge of$3 female dog § 58-7G Failure to respond to an enumeration $50 § 58-8 Redemption of impounded animals: Fee for impound $10 per day First impoundment of an animal within same $40 calendar year Second impoundment of an animal within same $50 calendar year Any subsequent impoundment of an animal $60 within same calendar year §90-2 Electrical permit: (includes LOC fee) $100 Page 54 of 138 Code Section Subject Fee or Deposit § 95-30A Erosion and sediment control Filing fees: Surface water and erosion control permit for a $250 parcel with an existing one- or two-family dwelling Surface water and erosion control permit for the $400 construction of a new one- or two-family dwelling on either a vacant parcel or on a parcel where more than 50% existing residence is demolished Surface water and erosion control permit in all $400 other cases Fee for applicant-requested modification(no $100 work has commenced) Fee for applicant-requested modification (work $150 has commenced) Permit fees: Surface water and erosion control permit for a $200 parcel with an existing one- or two-family dwelling Surface water and erosion control permit for the $300 construction of a new one- or two-family dwelling on either a vacant parcel or on a parcel where more than 50% existing residence is demolished Surface water and erosion control permit in all $400 and where controls exceed other cases $5,000 of anticipated costs, then 6% fee additional for all costs in excess of$5,000. This 6% is not part of the engineering fees for site plan approval. Stormwater pollution prevention permit $500 Inspection fees: Minimum inspection fee for a parcel with a one- $100 or two-family dwelling All other residential parcels $150 All other cases $250 Page 55 of 138 Code Section Subject Fee or Deposit NOTE: If work is commenced prior to the permit being issued, all fees for the project will be doubled. S5,000 § 99-8 Application fee for license to film $500 License fee for filming on public property $1,200 per day or any portion thereof License fee for filming on private property $1,000 per day or any portion thereof § 106-11 Annual high hazard,public assembly $200 All others every three years $200 Mobile Food Truck Inspection (required $50,valid for one year in Town only if cooking equipment produces smoke of Mamaroneck or releasing grease-laden vapors) § 106-20A Blasting permit application(A bond in the �S0 amount of$100,000 as well as public liability insurance naming the Town of Mamaroneck as a coinsured in an aggregate amount of not less than $2,000,000 is to accompany application.) Commercial fee $125.00 for first$1000 plus $25.00 per $1000 Residential fee $125.00 for first$1000 plus $17.00 per $1000 § 106-20A Sicipplemental blasting M the same siWe $�09 § 106-49B Discharge compliance certificate application S-7-_!�$125 § 106-56 Building fees: Filing fees (applies to all p mats issued by the Land Use Administ+a4iowy Residential (Permit fee due at time of filing. 00$125 for first $1,000 filing 50% refund for cancelled permits as long as fee,plus $17 per$1,000 of work has not been started.) construction cost Residential permit renewals 50% the original permit fee or Page 56 of 138 Code Section Subject Fee or Deposit $1,000 whichever is less, for six (6) months. Commercial (Permit fee due at time of filing. &490-$125 for first$1,000 filing 50% refund for cancelled permits as long as fee,plus $25 per$1,000 of work has not been started.) construction cost Commercial permit renewals 50% the original permit fee or $1,500 whichever is less, for six (6) months. Original certificate of occupancy for all permits unless otherwise noted: One- and two-family dwellings and related $100 accessory structures Commercial and all other buildings $100 Temporary certificate (plus bond as required by $3-W$500 Director of Building Code Enforcement and Land Use Administrator) Note: Temporary Certificate of Occupancy does not put a hold on the permit expiration date or the need to keep the permit active. Copy of certificate of occupancy $0.25 Original letter of compliance $100 Copy of letter of compliance $0.25 Mechanical rock removal permit application S1 nn filingfee,-plus S 17 pe-F $1,000 ,.f,06k Fe 'a 6 $125 for first$1,000 plus $25 per $1,000 To raze any structure: Residential demolition S,n� g fee,phis S'7 per $1,000 Of defflO eOS $125 for first$1,000 plus $17 per $1,000 Commercial demolition S1 00 r�gf S $25 P01: Qi nnn of demo ees $125 for first$1,000 plus $25 per $10,00 NOTE Fees for-all pefmits issued af4ef eenstfi+etion has stffted of whow it has been ee"Ieted skail be : *'-e If work is started or completed prior to the issuance of a permit (Legalization) —Legalization Permit Fee cost is Three times the Permit Fee Page 57 of 138 Code Section Subject Fee or Deposit , JbtA in fie ease to be less than S500 To move a building: Treat fees the same as for new construction. § 110-12B Floodplain development permit $100 filing fee,plus up to $1,500 to cover costs § 114-7A Wetlands permit application $200 § 117-6 Garage sale license application $20 § 154-7A Peddling license, vehicle $50 § 154-7B Peddler's license $50 § 158-6 Plumbing fees: Residential plumbing fee $ $125 for first $1,000 plus $17 per $1,000 of plumbing installation Commercial plumbing fee &4-50-, $125 for first$1,000 plus $25 per $1,000 of plumbing installation NOTE: For purposes of fee, gas appliances shall be considered as a plumbing fee. gallons Over- 10 gall Q-09 § 158-6 Storage tanks-- Removal,installation, or $150 permit fee abandonment Up to 275 gallons S 100 filing fee,-pitts S 100 permit fee 0-,�ef 275 gallons and tip te 550 gallens $100 filiiig fee, plus $125 pefmit fee Ove f 550 gallons and up t 1,000 gall $ nn filiii. fee »Ρi„s Q i 50 permit fee 0-ief 1,000 gallons and up te 2,000 gallens $100 filifig fee, phis $350 pef fee For- eaek 1,000 gallons „ of 2,000 ,.,,l $30 per- 1,000 , altars NOTE: Removal of tmder-ffauad tanks Fequir-es a $i 200 bon Gas piping +mi* and tes4 $100 § 167-813 Photocopies, not to exceed 9 inches by 14 inches $0.25 per page § 167-8 Blueprint or plan photocopy S-2$3 per square k-e4 foot Page 58 of 138 Code Section Subject Fee or Deposit § 167-8 Digital topographic/Tax Map CD $100 per map page § 167-8 Files copied to electronic format $30 § 167-8 Town Code/inserts (no cover) $360 § 167-8 Zoning pamphlet $20 § 167-8 Zoning, election, or Town Map $3 § 175-17 Signs (includes LOC fee): Vili44g fOe199 For erecting,placing or painting a new sign, "$175 altering, reconstructing, enlarging or relocating an existing sign Temporary signs as approved by Building W$175 Department Temporary signs as approved by Town Board $200 § 177-15 Site plan approval application $350, plus $25 for each parking space required by the Zoning Ordinance § 177-15 Engineering fees 6% of the total performance bond or$2 per linear foot of road surface, whichever is higher § 187-5 Highway Permits: Street opening, installation/replacement of $400 Town sidewalk or curbing, total disturbance less than 100 square feet. Street opening,s e installation/replacement $400, plus $2 per square foot of Town sidewalk or curbing,total over 100 square feet disturbance equal to or greater than 100 square feet. e i n P e fe0t inn 0 0 S"afe feet Temporary use of Town right-of-way, $200 equipment/dumpster placement crossing Town sidewalk or curbing. New installation of sanitary sewer lateral; or $500 connection to Town drainage structure. Page 59 of 138 Code Section Subject Fee or Deposit § 190-22 Subdivision of land: Up to 2 lots $300, plus $150 for each additional lot shown on application § 198-Reserved Taxi drivers (Reserved) § 198-3 Reserved Taxicab and livery license (Reserved) § 198-7B Reserved Replacement of taxicab license or badge (Reserved) § 207-6A Tree removal permit application: 1 to 4 trees $75 Each additional tree $15 § 219-44 Lot A Daytime Parking Permit, valid $900 January 1, 2023 through December 31, 2023. No parking is allowed from 3:00 am to 5:00 am Tuesday through Thursday. Lot A Meter Parking Permit, valid $110,plus a meter fee of$.60 per January 1, 2023 through December 31, 2023. No hour required Monday through parking is allowed from 3:00 am to 5:00 am Friday between the hours of 5:00 Tuesday through Thursday. am and 6:00 pm. Lot A Scooter/Motorcycle parking in designated $175 spaces require no additional fee if used as a second `vehicle' in conjunction with an existing parking permit, and an annual fee of$175.00 without an existing parking permit. No parking is allowed from 3:00 am to 5:00 am Tuesday through Thursday. Lot B 24-Hour Parking Permit valid January 1, $1,000 2023 through December 31, 2023. Lot B Area Business Permit valid January 1, $700 2023 through December 31, 2023. Permit holders may park beginning at 8:00 am and must vacate by 6:00 pm, Monday through Friday. Lot C Overnight Parking Permit valid January 1, $450 2023 through December 31, 2023. Permit holders may park beginning at 7:30 pm and must vacate the following morning by 7:30 am, Monday through Thursday. Parking is permitted weekends beginning at 7:30 pm on Friday and ending Monday at 7:30 am. Permit Cancellation- a refund of the next full $25 Page 60 of 138 Code Section Subject Fee or Deposit month forward from the return of the permit, less a processing fee of$25, will be provided. Permit Change—changing a permit to another $10 vehicle by submitting the new registration and driver's license (for Area Business permit only) and exchanging the old pass for a new pass. Replacement of lost or stolen permit(must $10 process Police Report prior). § 219-63 Residential parking permits $25 per motor vehicle per year Permit change-- must exchange the old pass for $5 a new pass. Replacement of lost or stolen permit(must $5 process Police Report prior). § 240-61A Special permit fees: Application fee $300 Renewal $150 § 240-91 Zoning Board of Appeals application § 240-91 Area variance, first request $200 § 240-91 Each additional requested variance $100 § 240-91 Use variance $200 § 240-91 Zoning variance extension $200 § 240-91 Fee for advertising hearing by Board of Appeals $50 NA Bowling alley $250 NA Bounced check fee $20 NA Property tax fee (charge to tax service entities $5 per parcel/tax bill for property tax payments without tax bill) NA Accident report $0.25 per page NA Complaint report $0.25 per page NA Auctioning permits,per day $5 NA Auctioneering permit $100 Page 61 of 138 Code Section Subject Fee or Deposit NA Certified copies of vital records $10 NA One Day Marriage Officiant Registration $25 (Effective beginning March 28,2023) NA File searches (File Review) and Pre-date $250 Letter Page 62 of 138 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@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer William Maker Jr., Town Attorney Re: Authorization of NYSDOT Purchase Agreement - 2023 NYSDOT Sidewalk Replacement- Town Parcel 4-6-1 Date: January 25, 2023 Attached you will find a memo from Town Engineer, Rob Wasp regarding the 2023 NYSDOT Sidewalk Replacement on Weaver Street and documentation required to finalize the payment and agreement transactions with the NYSDOT. If approved,the Town will receive nearly$80,000 from the state. Action Requested: Resolved that the Town Board hereby authorizes the Town Administrator to execute and transmit all required documents necessary for the 2023 NYSDOT Sidewalk Replacement project on Weaver Street. Page 63 of 138 Town of Mamaroneck Engineering Department, Town Center 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 i-wasp@townofmamaroneckNY.org Date: January 23, 2023 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: William Maker Jr.Town Attorney Subject: Authorization of NYSDOT Purchase Agreement- 2023 NYSDOT Sidewalk Replacement- Town Parcel 4-6-1 General: The New York State Department of Transportation"NYSDOT" intends to proceed with advertisement of bids for replacement of sidewalks along sections of Weaver Street in advance of planned construction start this summer. The limits of replacement include the portion of sidewalk along the frontage of Town owned parcel 4- 6-1 at the intersection of Palmer Avenue and Weaver Street. NYSDOT had previously determined that the existing sidewalk footprint is substantially located on the Town owned land that would need to be first acquired prior to proceeding with the project. This matter was first discussed with the Town Board in summer 2022,during which time apublic input session and subsequent finding of Di Minimis Impact was made by the Town related to the proposed acquisition. NYSDOT recently provided the necessary maps, agreement and release forms to proceed with subject property acquisition. Attached to this agenda item are the "Claim for Payment", "Affidavit of Title", and"Agreement of Adjustment and Release of Owner"that must be endorsed and returned NYSDOT Regional Real Estate Officer. Total compensation due to the Town for the acquisition area of 3,443 sq. feet has been determined as $79,975.00. The NYSDOT also requests transmittal of a resolution that supports execution of referenced documents. Template resolution provided from NYSDOT is attached to this agenda item. From an engineering perspective, the Department has reviewed the documents provided by NYSDOT and has no objection to the Town Board proceeding with authorization of the requested agreement. Please feel free to contact me with any questions. Attachments: Acquisition Map Page 64 of 138 SAMPLE Ltr_acduistion acceptance Mamaroneck SCAN DOT N eement of Advance Payment Packet 881547_ROW265_MM 21_RESOLUTION_11 2022 8815.47_Map 21_ROW265_Explanation of Acquisition_Town of Mamaroneck Page 65 of 138 NEW YORK STATE DEPARTMENT OF TRANSPORTATION MAP NO. 21 WEAVER STREET, PART 1 ACQUISITION MAP PARCEL NO. 32 S.H. NO. 1645 PIN 8815.47 SHEET 1 OF 2 SHEETS MAP REFERENCE INFORMATION: TOWN OF MAMARONECK PARCEL SUMMARY: A Map entitled Map 3 R-3 By ( REPUTED OWNER ) Type: Fee Westchester County Department of Portion of 2021 Tax Map Public Works dated November 29, 1940 CCD: LIBER 3957 PAGE 281 Ref. No. 4-6-1 and Filed in the Westchester County Town of Mamaroneck Clerk's office on October 28, 1941 as TRN 10 County of Westchester Map No. 5464 State of New York Parcel Locator Point: Parcel No. 32 N: 767622.191 w E: 698840.039 0 v � r- z w o J 3 QQ� o o Z Uj z o it P.O.B. 17+11+_ B.T.P.A. +' 6ACA 17+23t L, �7", 2 t, 7 AN AN96l, B.T.P A. FAD(a.rP P,R00UCED:7 7+. 9J., R 3,,' 16+45i A.1 5601560'13"E SS9ogJS9 rF 1 eR wFq�FR BOROAD 17+P.22 16+92 A. �SS,9 p S/� 3.11' 17+02. A(A E 12S 69S Rj 1 N34-52'07"E B.T.P.A72 16+48.43 R.3g 16+0p 1tz 15+56* lIg91 J 14.74' 1 4.48' 251, — 1 NIC 1,9331 )3epNNDAR W4Y 14+83+_ e Qp� FEE 15+55.91 S)3°2 , 15+00 19*' EP \ 5.18' 429E 6p+. t STA. \1 12+24,912 P32 P32 0�/1 4+96± sq 3,443± SQ. FT. OR / ��1+ 20ZD SNRW\\ 0.079+ ACREN)ZoS6,t0q�WC1Nf TOWN OF MAMARONECK 4`°' N/D 0 ( REPUTED OWNER ) 411 W64 TH 28.10' 4 9�G Qpv \ T CUT ?S WALK \ 6 \ 17.56'\ WI O SPIKE 44 91' s96 DRIVE �• 5 � ,SPIKE N/D 36" WOOD MAPLE T CUT T CUT CORNER 17.03' CURB CURB BUS SHELTER A& 13.19 i 31.11, 44.89 TIE NOT TO SCALE N/D R�lFr�S @ STA. 16+92.788 r 2 NYSPCS EAST NA083f1 46.66'\ EPOCH2 010O10.00(MYCS2 .F. 0.99995233 N 767582.8456 E 698846.6340 �\ TIE NOT TO SCALE @ STA. 12+24.912 NYSPCS EAST NADEPOCN201D.83f20111OOUIYCS21 ,F,0.99995233 N 767445.5539 E 699293.9137 ti 40 0 40 80' 1" = 40' PREPARED BY CHECKED BY Clm- - -..- FINAL CHECK BY Page 66 of 138 NEW YORK STATE DEPARTMENT OF TRANSPORTATION MAP NO. 21 WEAVER STREET, PART 1 ACQUISITION MAP PARCEL NO. 32 S.H. NO. 1645 PIN 8815.47 SHEET 2 OF 2 SHEETS Field Survey Records and Control Report.are on file in the Regional Office of NYSDOT. All that piece or parcel of property designated as Parcel No. 32, situate in the Town of Mamaroneck, County of Westchester, State of New York, as shown on the accompanying map and described as follows: Beginning at a point on the southwesterly boundary of the existing weaver Street, Part 1 highway at the intersection of the said boundary with the southeasterly boundary of the existing Palmer Avenue, said point being 36± feet distant northerly, measured at right angles, from station 17+11± Back Tangent Produced Ahead (B.T.P.A.) of the hereinafter descried survey baseline for the reconstruction of the Weaver Street, Part 1, State Highway No. 1645; thence southwesterly along the last mentioned boundary of said existing Palmer Avenue 32± feet to a point 7± feet distant northerly, measured at right angles, from station 17+23± B.T.P.A. of said baseline; thence through the property of Town of Mamaroneck (reputed owner)the following five (5) courses and distances: (1) South 60--50'-13- East, 16± feet to a point 3.11 feet distant northerly, measured at right angles, from station 17+07.22 B.T.P.A. of said baseline; (2) North 346-52-07" East, 14.74 feet to a point 17.15 feet distant northerly, measured at right angles, from station 17+02.72 B.T.P.A. of said baseline; (3) South 590-47153` East, 55.74 feet to a point 4.48 feet distant northerly, measured at right angles, from station 16+48.43 of said baseline; (4) on a curve to the left, having a radius of 392.51 feet, a distance of 93.31 feet to a point 5.78 feet distant southerly, measured at right angles, from station 15+55.91 of said baseline; and (5) South 73°-24-29" East, 60± feet to a point on the northwesterly boundary of Old Weaver Street, the last mentioned point being 5± feet distant southerly, measured at right angles, from station 14+96± of said baseline; thence northeasterly along the last mentioned boundary of said Old weaver Street 19± feet to a point on the southwesterly boundary of said existing highway, the last mentioned point being 9± feet distant northerly, measured at right angles, from station 14+83± of said baseline; thence northwesterly along the last mentioned boundary of said existing highway the following four (4) distances: (1) 73± feet to a point 8± feet distant northerly, measured at right angles, from station 15+56± of said baseline; (2) on a curve to the right, having a radius of 378.51 feet, a distance of 90± feet to a point 18± feet distant northerly, measured at right angles, from station 16+45± of said baseline; (3) 41± feet to a point 27± feet distant northerly, measured at right angles, from station 16+85± of said baseline; and (4) 27± feet to the point of beginning; being 3,443 square feet or 0.079 acre more or less. The above mentioned survey baseline is a portion of the 2020 survey baseline for the reconstruction of the Weaver Street, Part 1, State Highway No. 1645 as shown on a map and plan on file in the Office of the State Department of Transportation and described as follows: Beginning at station 12+24.912; thence North 72°-56'-10.4^ West to station 16+92.788. All bearings referred to TRUE NORTH at the 74 - 30' MERIDIAN OF WEST LONGITUDE. Westchester County Map Index System: Town of Mamaroneck, Sheet No. 27, Block No. 3218. Unauthorized alteration of a survey map a. bearing a licensed land surveyor's seal is a OF FJEky N violation of the New York State Education I hereby certify that the property mapped above is t� j r� Law. necessary for this project, and the acquisition 's thereof is recommended. * rh '. I hereby certify that this map was prepared 7 G� in accordance with current NYSDOT policies, Z DATE: 2e-,,-I e,- �V 2021 f- 4 r-w s C' j standards and procedures. DATE: / / 2021 � O y MICHAEL K. SCHAEFEREGIONAL D IGN ENGINEER LAND FOR THE REGIONAL bIRECTOR OF SPORTATION REGION 8 MICHAEL 9ZA, SENIOR LAND SURVEYOR P.L.S. LICENSE NO. 050318 TOWN OF MAMARONECK (Reputed Owner) Map of property which the Commissioner of Transportation deems necessary to be acquired by appropriation in the name of the People of the State of New York in fee for purposes connected with the highway system of the State of New York pursuant to Section 30 of the Highway Law and the Eminent Domain Procedure Law. There is excepted from this appropriation all the right, title and interest, if any, of the United States of America in or to said property. Pursuant to the statute(s) set forth above and the I have compared the foregoing copy of the map authority delegated to me by official Order of the with the original thereof, as filed in the Office Commissioner of Transportation, this acquisition of the State Department of Transportation, and I map is hereby approved and filed in the main do hereby certify the same to be a true and office of the New York State Department of correct copy of the original and of the whole Transportation. thereof. Date: office of Right of Way office of Right of Way Page 67 of 138 NEWYORK De Department of KATHY HOCHUL STATE OF p Governor OPPORTUNITY. Transportation MARIE THERESE DOMINGUEZ Commissioner LANCE MacMILLAN,P.E. Regional Director January 17, 2023 Via Email Only The Honorable Jaine Elkind Eney Supervisor Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Via Email Only Mrs. Meredith Robson Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 RE: PIN 8815.47 Route 6 T/O Cortlandt & Route 125 T/O Mamaroneck Pavement and Pedestrian Improvements Dear Supervisor Elkind Eney & Mrs. Robson: I am pleased to update you on the New York State Department of Transportation (NYSDOT)'s project that will improve the pedestrian facilities to comply with the American Disability Act along Route 125 northbound from Forest Avenue to 300 feet north of the intersection of Route 125 and Forest Avenue, as well as Route 125 southbound from Boston Post Road to Palmer Avenue. We are currently finalizing the contract details in preparation to advertise the contract and open bids on March 23, 2023. Also, we would like to thank the town for the acceptance letter dated June 29, 2022 regarding the support for De Minimis Impact Finding. However, in order to start construction, the FHWA requires us to seek the Town's agreement as to the actual area that was acquired by the State. Please see attached acquisition map. Note that the acquisition area also includes the existing roadway and sidewalk; although the acquisition area on the property side of the park has not changed (2 feet behind the sidewalk) and is equivalent to what has been indicated in the Town's letter of Support for De Minimis Impact Finding. 50 Wolf Road,Albany, NY 12232 1 www.dot.ny.gov Page 68 of 138 Along with this letter please find a template letter that you could modify as needed for the Town's concurrence with the acquisition map. At this time, it is anticipated that this project will be constructed in the summer/fall of 2023. Project construction will maintain the existing two travel lanes at all times with occasional one-lane closures to allow access for construction equipment. If you have any questions or need additional information, please contact Oscar Olarte at 845-431-5876 or Oscar.Olarte@dot.ny.gov Sincerely, Mark J. Tiano, P.E. Regional Design Engineer Page 69 of 138 INEWYORK Department of KATHY GOeHUorE OFORTUNITY Transportation MARIE THERESE DOMINGUEZ Commissioner LANCE MacMILLAN,P.E. Regional Director January 11, 2022 Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10538 ATTN: Robert Wasp, Town Engineer Subject property address: corner of Palmer Ave and Weaver St, Mamaroneck, NY 10538 Re: PIN 8816.47.221 SH 1645; Weaver Street, Part 1 Map: 21 Parcel: 32 Town of Mamaroneck County of Westchester Dear Mr. Wasp: Per your request, enclosed please find a set of Agreements of Adjustment and Release of Owner. As described in the offer letter dated November 21, 2022, this set of agreements settles the Town of Mamaroneck's claim for the offered amount, plus applicable interest, and waives your right to file a claim in the Court of Claims. Your office may execute either the set of Agreements for Advance Payment.or the Agreements of Adjustment and Release of Owner as part of the process of accepting the offer of just compensation. In addition to the agreements, the W-9 tax form, and the resolution already provided to your office, I am enclosing the closing documents needed to progress payment of the just compensation. Please refer to the enclosed Instructions for Document Completion for further guidance. As with the November 21, 2022 offer packet, I am including a self-addressed, stamped envelope for your convenience. can be reached at 845-437-3382 or by e-mail at kristin.cotton a()dot.ny.gov if you have questions about the paperwork or the project in general. Sincerely, Kristin S. Cotton Real Estate Specialist 1 Enclosures cc: Acquisitions Management Bureau, POD 41 Page 70 of 138 AC1366-S(2l12)State CLAIM FOR PAYMENT— of New York PURCHASE OF LAND OR PROPERTY NYS Agency/Vendor Information Vendor Identification Number Vendor Location ID Vendor Address Sequence Vendor Name 1 Vendor Name 2 Board of Park Commissioners of Park District No.1 of the Town of Mamaroneck Voucher ID Business Unit Name Busines Interest I Purchase Order No. Date(MM) (DD) s Unit Eligible (YY) (YIN) Payment Date (MM) (DD) (YY) Liability Date (MM) (DD) (YY) Merch/Inv.Redd Date (MM) (DD) (YY) Withholding Class Withholding Amount Handling Code Payee Amount Agency Internal Use Addr ss Line 1 Invoice Number Invoice Date o e k ask.,,1?1s t 9)a Address Line 2 City State Zip Code �t'lo r�tara ec�S lOh by Description of Property Purchased (Limit to 254 spaces) Property Address Corner of Palmer Avenue&Weaver Street(SR 125) J City State Zip Code Mamaroneck NY 10538 Map and Parcel Numbers Contract ID M21 P32 Classification of Project Acquired Pursuant to Project Code:Proc.No.15246,P.I.N.8815.47, Statute Weaver Street,Part 1,S.H.No.1645, 1 Westchester County To payment pursuant to agreement or agreement of adjustment dated _ _ or Amount $ �{,� �J .-- judgment of Court of Claims for property and/or Easement Rights in and to property on appropriation map or as described above. Certification by Claimant:This is to certify that the sum mentioned in the above statement is correct and that no part thereof has been previously submitted or paid and the whole thereof is justly due and payable to claimant(s)in the above entitled project. Total $ SIGNATURE OF CLAIMANT(S) Board of Park Commissioners of Park District No.1 of the Town of Mamaroneck By Its: y` PeopleSoft Format Charge Lines(If Applicable) Business Unit Department Program Fund Account Budget Reference Project ID Activity Class Operating Unit Product Chartfield 1—Accumulator Charifleld 2—Accumulator Chartfield 3— Amount Legacy Format Charge Lines(If Applicable) Expenditures Liquidation Dept. Cost Center Var Yr Objec Accum Amount Ong PO/Contract Line F!P t Dept Statewid Liability Date From Date TC Subled er Optional Page 71 of 138 AC1366-5(Stat)State CLAIM FOR PAYMENT— Newof York PURCHASE OF LAND OR PROPERTY NYS Agency/Vendor Information Vendor Identification Number ]_`Vendor Location ID Vendor Address Sequence Vendor Name 1 Vendor Name 2 Board of Park Commissioners of Park District No.1 of the Town of Mamaroneck Voucher ID Business Unit Name Busines Interest Purchase Order No rDate(MM) (DD) s Unit Eligible I(YY) (Y/N) Payment Date (MM) (DD) (YY) Liability Date (MM) (DD) (YY) Merch/Inv.Rec'd Date (MM) (OD) (YY) Withholding Class Withholding Amount Handling Code Payee Amount Agency Internal Use Addres Line 1 Invoice Number Invoice Date �O Address Line 2 City State Zip Code a k1'6V { l 0 3 9 Description of Property Purchased (Limit to 264 spaces) Property Address Corner of Palmer Avenue&Weaver Street(SR 125) City State Zip Code Mamaroneck NY 10538 Map and Parcel Numbers Contract ID M21 P32 Classification of Project Acquired Pursuant to Project Code:Proc.No.15246,P.I.N.8815.47, Statute Weaver Street,Part 1,S.H.No.1645, Westchester County To payment pursuant to agreement or agreement of adjustment dated or Amount $ ��{.� 5• judgment of Court of Claims for property and/or Easement Rights in and to property on appropriation map or as described above. — Certification by Claimant:This is to certify that the sum mentioned in the above statement is correct and that no part thereof has been previously submitted or paid and the whole thereof is justly due and payable to claimant(s)in the above entitled project. Total $ SIGNATURE OF CLAIMANT(S) Board of Park Commissioners of Park District No.1 of the Town of Mamaroneck By:Y Its:y PeopleSoft Format Charge Lines(If Applicable) Business Unit Department Program Fund Account Budget Reference Project ID Activity Class Operating Unit Product Chartfield 1-Accumulator Chartfield 2-Accumulator Chartfield 3- Amount Legacy Format Charge Lines(If Applicable) Expenditures Liquidation Var Yr Objec Accum Ong Dept. Cost Center t Dept Statewid Amount PO/Contract Line F/P Liability Date From Date TC Subled er Optional Page 72 of 138 DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT-OF-WAY AFFIDAVIT OF TITLE Proceeding No. 15246 Project Weaver Street,Part 1, S.H.No. 1645 Map No. 21 Parcel No. 32 County Westchester Town Mamaroneck STATE OF NEW YORK ) \ ' ) SS.: COUNTY OF V ) y , being duly sworn, says: \FIRST: I reside at and I am the'v of Board of Park Commissioners of Park District No. 1 of the Town of Mamaroneck which was the owner in fee simple of the property shown on the above-designated map on rHbc..,, �� ,20_Z�L,the date of appropriation thereof by the State of New York. That said property was acquired by said owner or owners at the time and in the manner following,to wit: By deed from Town of Mamaroneck dated February 19, 1963 and recorded in the Westchester County Clerk's Office on March 1, 1963 in Liber 6281 Cp 267. SECOND: During the entire period of such ownership,the property was in the possession of said owner or owners; that such possession was peaceable and undisturbed, and the title thereto was never disputed, questioned or rejected. I know of no facts by reason of which such possession or title might have been called into question or by reason of which any claim to any part of the appropriated property or interest therein adverse to said ownership might have been set up. There are no judgments against such owner or owners unpaid or unsatisfied of record entered in any Court of this State or of the United States. Said property and the claim of said owner or owners by reason of the appropriation thereof are free and clear of all mortgages, attachments, judgments, leases, tenancies, easements, licenses, charges estates, unpaid taxes and assessments, unredeemed or uncancelled tax sales, contracts of sale, actions or proceedings that may affect the same, and of any and all other rights, liens, and encumbrances whatsoever,except(state exceptions, if any.) Easement granted by Town of Mamaroneck and Town Board of the Town of Mamaroneck Acting as Commissioners of Sewer District No. 1 in the Town of Mamaroneck to The County of Westchester, dated December 29, 1948, recorded in the Westchester County Clerk's Office on January 18, 1949 in Liber 4710 page 111. Utility and telephone poles and lines owned by Verizon New York,Inc. Utility lines owned by Consolidated Edison Company of New York,Inc. Cable lines owned by Altice USA,Inc. Water pipeline owned by Westchester Joint Water Works. -over- Page 73 of 138 THIRD: No proceedings in bankruptcy have ever been instituted by or against said owner or owners in any Court or before any officer of the State or of the United States, nor has an assignment for the benefit of creditors been made at any time by said owner or owners. FOURTH: I am over the age of eighteen years. None of the owners has been known by any other name (e.g.,maiden name) in the past ten years except as follows: FIFTH: (additional proof,if any) The subject premises are not mortgaged. Under the bylaws of Board of Park Commissioners of Park District No. 1 of the Town of Mamaroneck, the undersigned has full and complete power and authority to act on behalf of and bind Board of Park Commissioners of Park District No. 1 of the Town of Mamaroneck, in all matters relative to this appropriation, including but not limited to, the execution of any agreements of adjustment or advance payment agreements in full or partial settlement of the claim for damages of said corporation, execution of any releases, affidavits and vouchers as required by the Attorney General of the State of New York, execution of any authorizations to pay third parties in settlement of claims of said third parties or to discharge or clear any encumbrances on title, and any other papers, documents, or legal instruments which become necessary to procure payment and partial or full settlement of said claim. SIXTH: Said owner has not transferred, pledged or assigned either all or any part of aforesaid claim herein or of the compensation to be paid therefore by reason of the aforementioned appropriation, except(state exceptions.. if any.) SEVENTH: The allegations herein as they relate to any co-owners and to any ownership in corporate; representative or fiduciary capacity are upon information and belief. All statements and representations in this affidavit are made to induce The People of the State of New York to pay to Board of Park Commissioners of Park District No. 1 of the Town of Mamaroneck the money in accordance with the Agreement relating to the claim of said owner or owners, or, in the absence of any such agreement,in accordance with Award of the Court of Claims. Board of Park Commissioners of Park District No. 1 of the Town of Mamaroneck By\4 Its: v (.T7+t e) Sworn to before me this day of' , 20�' V Notary Public, State of New York Page 74 of 138 ROW 21-8(11/02) NEW YORK STATE DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT OF WAY PROPERTY ACQUIRED BY APPROPRIATION INTEREST SUPPLEMENT TO AGREEMENT Lawful interest will be paid on the amount you are entitled to receive under this Agreement. State law governs the amount of interest you are entitled to and how that interest is calculated. Interest payments are determined as follows: 1. Interest shall begin to accrue on the amount payable to you under this Agreement from the earlier of. a. The transfer of title to the State by the filing of an appropriation map in the office of the County Clerk in the County where the property is located;or b. The date upon which the State or its contractors enter the property for construction purposes, if title has not been already transferred to the State by the filing of the appropriation map as in a.of this paragraph. 2. Interest shall be paid at a rate established by statute. Current law applying to your claim requires that,unless the State has deposited the amount you are entitled to receive under this Agreement into a Special Eminent Domain Account(the"Special Account"),the State will pay interest at a rate not to exceed 9 per cent per annum(simple interest and not compounded). If your money has been deposited into the Special Account,you will be paid interest at a rate to be determined by the State Comptroller based upon the rate of interest earned by the Special Account during the period of deposit. Please note that the rate of interest earned by the Special Account may be significantly less than 9%. 3. The State is not required to pay interest,and interest will be suspended on the amount due under this Agreement,if: a. You notify the State in writing that you reject the offer of compensation contained in this Agreement; or b. You fail to notify the State in writing within 90 days from the date upon which you receive this Agreement that you accept the offer of compensation under the terms contained in this Agreement;or c. You fail to return the agreement and/or the closing papers provided to you,or the other proofs required by the State(collectively,the closing papers and other proofs are hereafter referred to as the"Closing Papers")within 90 days from the date upon which you receive the Closing Papers,and your failure is unreasonable. 4. The interest suspensions described in paragraph 3. of this supplement shall continue until such time as you accept the State's offer,or you return the Agreement and/or all of the Closing Papers supplied to you,properly executed in a manner satisfactory to the State,whichever is applicable. Page 75 of 138 ROW 21-1b(06/2021) NEW YORK STATE DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT OF WAY AGREEMENT OF ADJUSTMENT and RELEASE OF OWNER PIN 881547221 PROC 15246 PROJECT SH 1645, Weaver Street, Part 1 MAP(S) 21 PARCEL(S) 32 COUNTY Westchester �TOWN/CITY Mamaroneck VILLAGE THIS AGREEMENT, made this J day of`� between Town of Mamaroneck ATTN: Robert Wasp,Town Engineer 740 West Boston Post Road Mamaroneck, NY 10543 hereinafter referred to as "Claimant," and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE OF THE STATE OF NEW YORK, hereinafter referred to as"the State," WITNESSETH: WHEREAS, pursuant to statute, the State is appropriating or has appropriated, for the purpose of the above identified project, certain property shown and described on the above designated map(s), and WHEREAS,the Claimant was, at the time of said appropriation or, if said appropriation has not yet occurred, the claimant is now,and at the time of said appropriation, will be,the owner of the property affected by said appropriation of some right, title;or interest therein; NOW,THEREFORE, it is.understood and agreed by and between the parties as follows: 1. The compensation to be paid by the State for the total value of the property so appropriated and for all legal damages caused by such appropriation, including all damages incurred by virtue and during the pendency of said appropriation proceedings, and including all damages to the remainder of said affected property, if any, of which the appropriated area formed a part, whether caused by said appropriation or by the use of said appropriated property, excepting the aggregate value, if any,of claims hereinafter specifically excluded, is the sum of Seventy Nine Thousand Nine Hundred Seventy Five and 00/100 Dollars($79,975.00). 2. The Claimant agrees, as a prerequisite to such payment,to execute and deliver, or cause to be executed and delivered,to the Attorney General, all title papers or other papers reasonably necessary to effect a valid transfer of title, authorize payment,and secure to the State a full release of all claims(other than the claim of Claimant)existing by reason of the aforementioned appropriation, including such claims existing by reason of any estate or interest in the streams, lakes,drainage and irrigation ditches or channels, streets, roads, highways, or public or private rights of way, if any,adjacent to or abutting the above-mentioned property required for the purposes of said project.The State will identify such title papers or other papers reasonably necessary, upon written request for this information by Claimant. 3. This Agreement is exclusive of the claims, if any, of persons other than owners of the appropriated property, their tenants, mortgagees and lienors, having any right or interest in any stream, lake, drainage and irrigation ditch or channel, street, road, highway, or public or private right of way,or the bed thereof,within the limits of the appropriated property or contiguous thereto. 4. The aforesaid compensation is to be paid hereunder only upon approval of this Agreement by the Director of Office of Right of Way or the Comptroller of the State of New York and upon certificate of the Attorney General of the State of New York as required by law. 5. This Agreement is also exclusive of claims, if any(other than the claim of the Claimant),for the value of or damage to easements and appurtenant facilities for the construction, operation and maintenance of publicly owned or public service electric,telephone,telegraph, pipe,water,sewer and railroad lines. Page 76 of 138 6. The amount agreed upon herein as compensation shall be binding and conclusive on the parties in any n-♦•inn nr...-- nA;rn...;Hk -n In F;-- F-4k- -4P---nn:.J +-........-:-L:..... .... ............--. :...- MI - --I ..-I..-. _L'I-.. . -- 9. This agreement is exclusive of the claims, if any, for payment of allowable moving expenses of owners, occupants or tenants of residential and commercial property and is also exclusive of any claims of claimant for pro-rata payment of all real property taxes, water and sewer rents, levies or charges paid or payable to a taxing entity as provided for by statute. 10. It is understood and agreed by and between the parties hereto that any occupancy beyond months from the date of vesting by the State of New York will result in an additional payment at a rate of$ t4\19 _ per month, until the State files a certificate of termination or the current property owner divests itself of its interest in the property,whichever is earlier. A final payment for this occupancy will be made upon the termination of the easement pursuant to Highway Law Section 30(20) by the filing of the Certificate of Termination. In consideration of the sum of Seventy Nine Thousand Nine Hundred Seventy Five and 00/100 Dollars($79,975.00)and in accordance with and pursuant to the above provisions, claimant hereby releases, exonerates and discharges The People of the State of New York from any and all claims and liability arising from and growing out of said appropriation and agreement, including any claim for the value of the property so appropriated and for all legal damages caused by such appropriation and all damages incurred by virtue and during the pendency of said appropriation proceedings and all damages to the remainder of the property of claimant of which the appropriated area formed a part, whether caused by said appropriation or by the use of said appropriated property, and from any and all claims which claimant has or may have by reason of any estate or interest in the streams, lakes, streets, roads, highways or rights of way, if any, adjacent to or abutting on the above mentioned property. IN WITNESS WHEREOF,the parties have executed this Agreement the day and y ar first above written, and this release has been executed by Claimant this — day of 2 THIS AGREEMENT shall inure to the benefit of and bind the distributees, legal representatives, successors, and assigns of the parties. Claimant: Town of Mamaroneck BY:, ITS., STATE OF NEW YORK COUNTY OF )ss.: On the day of in the year before me, the undersigned,a Notary Public in and for said State, personally appeare personally known to me or proved to me on basis of satisfactory evidence to be the individual(s)whose name(s) is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted, executed the instrument. (Notary Public) (Attach additional acknowledgements as necessary.) APPROVED: COMMISSIONER OF TRANSPORTATION FORTH E PEOPLE OF THE STATE OF NEW YORK Page 77 of 138 INSTRUCTIONS FOR DOCUMENT COMPLETION Agreements —Agreement of Advance Payment (Included in the 11121122 offer packet) OR Agreement of Adjustment and Release of Owner (Enclosed) • Choose ONE set of agreements EITHER the Agreements for Advance Payment OR the Agreements of Adjustment and Release of Owner. • Date and sign all four copies where indicated in the presence of a Notary Public. Please ensure ALL red-checked areas have been completed. Keep the copy labeled"Claimant's Copy"for your records. • Return the remaining three(3) agreements to our office using the self-addressed, stamped envelope. W-9 Tax Form—please complete all red-checked areas and return the document to our office. (Included in the 11121122 offer packet.) Resolution — please complete the resolution provided for the Town of Mamaroneck Board of Park Commissioners of Park District No. 1 ratifying Agreement and designating officer(s)or proper part(ies)to execute closing papers on their behalf. (A simple, single-page ;,solution wa offer packet). r Claims for Payment (vouchers) — sign BOTH Claims for Payment and return BOTH originals to our office. Affidavit of Title— please sign and have notarized and return the original to our office. (Enclosed) Please return the completed documents in the envelope provided. Page 78 of 138 RESOLUTION Resolved at the regular meeting of the Governing Board of Directors or Governing Body of the Town of Mamaroneck ratifying Agreement and designating officer(s) or proper party(ies)to execute closing papers on its (their) behalf, on , 20 , the following Resolution was adopted, offered by , and seconded by and passed by the Town of Mamaroneck governing board that (title) of the Town of Mamaroneck governing board be empowered to execute the Agreements and any subsequent papers which might be required to secure payment of this claim: Proceeding 15246, PIN 8815.47.221, S.H. 1645, Map 21, Parcel 32. Resolution carried, (Title) I, of the Town of Mamaroneck governing board hereby certify that the above Resolution was passed by the Town of Mamaroneck Board of Directors or Governing Body and that this is a true and exact copy thereof. Page 79 of 138 NEW YORK STATE DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT OF WAY REGION 8 EXPLANATION OF ACQUISITION/OFFER OF SETTLEMENT PIN: 8815.47.221 PROC#: 15246 DECL: 1356 SH: 1645 PROJECT: Weaver Street, Part 1 COUNTY: Westchester TOWN/CITY: Mamaroneck VILLAGE: --- MAP(S): 21 PARCEL(S): 32 CLAIMANT(S): Town of Mamaroneck EXPLANATION OF ACQUISITION Map 21, Parcel 32 is an acquisition in FEE. Irregular in shape,the acquisition is located along the north side of the Town of Mamaroneck's property that borders State Route 125 (Weaver Street). Beginning at the corner of Palmer Avenue and Weaver Street and extending in an easterly direction along Weaver Street, the easement is 231t feet in length. It is 32t feet deep at the west side of the easement for the first 16t linear feet before reducing in depth of 19f feet for the remainder of the acquisition. FEE Map 21 Parcel 32 contains a total area of 3,443t square feet (0.079t acre) and is being acquired in conjunction with a planned sidewalk repair and upgrade project that will be commencing along this section of State Route 125. Offer of Settlement 1. Direct Damages $79,975.00 2. Indirect Damages $ 3. Rental Value -Temporary Occupancy $ 4. Rental Value -Temporary Easement $ Total Damages-Just Compensation $79,975.00 NOTE: The amount of Direct Damages includes compensation for portions of lawn, concrete sidewalk, curbing,and asphalt pavement contained within the acquisition area. The above value represents the amount of our highest approved appraisal,developed in accordance with appraisal standards as defined by the Uniform Standards of Professional Appraisal Practice(USPAP). If you are satisfied with our explanation of the acquisition and wish to settle your claim with the State, you may request that we send you the Agreement of Adjustment and Release of Owner for execution. If you wish to leave your claim open and still collect the offered compensation, you may execute all three of the enclosed Agreement for Advance Payment documents, keeping one for your records and returning two in the self-addressed envelope provided. Once we receive your signed agreement and the closing papers have been completed and processed, payment can be made to you. Please note that, in making this offer and any subsequent payment, the Commissioner of Transportation and the State of New York reserve certain rights, as explained in this paragraph. If, in the course of the construction of this project or the use or occupation of the property by the State or its authorized agents, it is discovered that hazardous or contaminated materials are present on any portion of the property in which the State is acquiring an interest, and such condition requires remediation by the Department of Transportation and/or some other State agency,the Commissioner and the State shall have the right to assert any claim, fine or penalty authorized by law against you or any other person or entity who owned, occupied or used the property, or caused such contamination, prior to the State's acquisition. This includes the right to assert a claim against any payment made pursuant to either of the enclosed Agreements or any subsequent payment, including any court award or settlement. ROW 265-1 (5/2013) Page 80 of 138 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@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: EMS Billing Proposal Date: January 27, 2023 Attached is a memo from Ambulance District Administrator,Michael Liverzani regarding the transition to a new EMS billing company. I have reviewed this with Mike and am recommending the switch from Evolutions Billing to ProClaim EMS Solutions & Billing to improve administration of our billing services. Action Requested: Resolved that the Town Board hereby approves the proposal from ProClaim for a new EMS reporting software and authorizes the Town Administrator to execute any documents relative to this change. Page 81 of 138 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 mliverzani@townofmamaroneckNY.org Date: January 27, 2023 To: Meredith Robson, Town Administrator From: Subject: EMS Billing Proposal General: The Ambulance District has contracted with Evolution Billing Solutions since 2008 as our EMS billing vendor. We enjoyed a good relationship and have favorable billing returns. However, several factors have led us to believe we need to switch billing services. Last year, Evolution was the victim of a cyberattack that caused us to lose data. We have also been receiving complaints from residents lately about difficulty contacting Evolution by phone and general poor customer service. In the next month we are transition to a new EMS reporting software suite. Therefore, we are no longer dependent on Evolution for software and hardware support. After researching EMS billing companies, we recommend ProClaim EMS Solutions & Billing. ProClaim has many Westchester clients all reporting positive results and excellent customer service. The ProClaim proposal offers EMS billing and a suite of services that we do not currently receive. Proclaim will also provide a tablet computer for each ambulance and maintain and service that tablets as part of the contract. The proposal is for a 9%of collections,which we are currently paying Evolution. We respectfully request the Town Board approve a contract with ProClaim for EMS billing services. The suite of services including hardware support as well as improved data security and improved customer service to residents will benefit the residents of our community. Attachment/s: Proclaim Proposal 23.1.9 (004) Page 82 of 138 P.O. Box 626 Tarrytown, NY10591 T 914.366.4004 F 914.366.4111 www.proclaimservices.com Billi* ng Services Proposal JProClaim EMS SOLUTIONS & BILLING Supporting Your Mission to Save Lives Page 83 of 138 P.O. : Tarrytown,NY 10591 Claim 914.366.4111 ,,. in P.O. Box 626 Tarrytown, New York 10591-0626 January 9, 2023 Michael Liverzani Ambulance District Administrator Town of Mamaroneck Ambulance District 740 West Boston Post Road Mamaroneck, NY 10543 Re: Billing Services Proposal Dear Directors: Please accept this proposal in response to your Billing Collection Services request. ProClaim appreciates the opportunity to serve Town of Mamaroneck Ambulance District(TMAD). The proposal contents may be fully incorporated into a written contract. ProClaim has more than 20 years of experience in EMS billing. We serve over 90 clients across New York and Massachusetts,and our business largely caters to volunteer ambulance agencies,fire districts,and municipalities. Our company is a National Women Business Owners Corporation (NWBOC) and a NYC Women-Owned Business Enterprise (WBE)that does not"offshore"or utilize contracted employees. We do work with many key partners to provide value and enhanced services to your agency. ProClaim is extremely proud of the close relationships we have built with our EMS clients and the positive impact this has had on our entire local community. ProClaim has developed a reputation within the EMS community for implementing new programs and clinical sophistication. This reputation provides a competitive advantage as we have been recognized for our many successful partnerships with public, private, and non-profit organizations. ProClaim has never been involved in litigation or received a corporate complaint. We endeavor to continually improve the billing function by deploying models and practices that recover funds more closely reflecting the cost of providing the services. These enhancements, along with the addition of our Intelligent CQI Suite,TRAC Reporting,Adaptive Technology Package, ePCR Flex Program, Patient Experience Surveys, and CARES participation will help us all work toward one common goal—to create a sustainable EMS system to efficiently deliver the best possible pre-hospital care to the citizens of Mamaroneck. We will reconcile financial accounts monthly to the full satisfaction of Town of Mamaroneck Ambulance District. Sincerely, Frank Orlando, Director of Business Development Page 84 of 138 Pricing Proposal Based on the demographics and current volume of Town of Mamaroneck Ambulance District(TMAD), ProClaim is proposing a 9%contingency fee of net collections.The State of New York prohibits contingency fee billing on Medicaid claims.As such, Medicaid claims will be billed at a flat per-claim rate of$10.00 per claim. ProClaim will provide TMAD with the services detailed in this proposal as well as a lockbox through Lighthouse Financial at no additional charge. Fees are billed monthly,with an expectation of net 45 payment. Key Elements for TMAD mi'L REPORTING We very much appreciate the opportunity to learn more about TMAD and how we can help improve your billing process. We would like to highlight several aspects of our proposal. We have shared extensive examples of our suite of reports with TMAD showing real data and processes from other ambulance services. A key to our reporting is that is has been developed to address the most rigorous requirements of the municipal finance leaders and auditors of all agencies that we serve. We have a custom reporting expert on our staff to address specific needs of your agency. Our TRAC(Transparent Reconciliation Accounting Closing) reporting structure has worked successfully for all of our 50 EMS agencies. Additionally, our reporting is built to address the needs of your agency leaders. Our reporting was developed and is used by ambulance services to track financial metrics that allow leaders to track their performance and see trends. All reports will be provided during the end of the monthly billing cycle on a regular schedule. Additionally, each month we provide the entire set of accounting closing reports to our agencies which provide all of the backup for our regular monthly reports. We also understand the TMAD need for transparency and access. Every month we provide the entire set of accounting closing reports to our agencies that provide all of the detailed backup to our regular monthly reports and additional reports can be generated upon request. � ., ..... PCR Fill! ProClaim remains able to work with and bill for services documented in any ePCR platform. Over the years, however,we have found several current and prospective clients are interested in exploring new ePCR options. ProClaim is now able to offer ePCR to all of our clients through new partnerships with software vendors. TMAD may continue to use its current software at its own expense or upon request,we will provide TMAD with either the ZOLL or ESO EHR software at no additional charge. CAD Interface may be purchased separately by TMAD directly from the software vendor. Page 85 of 138 Reducing Burden on TMAD Field and Administrative Staff ProClaim utilizes multiple tools and resources to take more of the billing information burden off of your field providers and administrative staff. ProClaim utilizes Zoll RescueNet Billing Pro to locate and verify insurance and demographic information of your patients. We are able to often find patient information with a patient name and a date of birth. Proper patient signatures and proper clinical documentation are also required for billing compliance purposes. ProClaim also uses Solutions Group Self-Pay Coverage Finder. This service performs national database searches as a next level search to locate patient insurance information. This tool is particularly helpful in finding payer information for patients who do not have local health insurance coverage. While we very much welcome any and all information that your field staff can provide, our system has been built using tools to not require it. Members of the ProClaim team are also paramedics who understand the intersection between billing and operations. It is not realistic or a successful to put excessive billing information demands on field providers. With the permission of Port Jefferson,we have been able to share our performance in this area with TMAD. As an example,we have been able to use these tools and processes to move Port Jefferson to a point where less than 4%of their patients are classified as bill patient. Implementing TMAD Resident Billing Policies ProClaim has significant experience with specific resident billing policies. The vast majority of our clients do not bill residents for co-pays. ProClaim is able to provide tracking and reporting to assist TMAD with these policies. ProClaim clients also adhere to humane billing and collection policies. Soft billing practices is our norm. Financial hardship determinations and processes and made with the smallest amount of bureaucracy as possible and can be based on specific TMAD policies. Many ProClaim clients to use the outside collection agency that we partner with. First Financial Resources (FFR) has many EMS clients and understands the specific needs and demands of ambulance service. FFR generally charges 1/3 commission fee on all money collected. The FFR service is most often used by our clients with no corresponding reporting to credit bureau to improve collections without damaging credit. It is our understanding that TMAD would prefer to only use a collection agency for those patients who are paid directly by their insurance and do not pay TMAD. ProClaim and FFR have had a longstanding process in place to separately deal with this exact scenario. While ProClaim does have a dedicated in-house process and dedicated staff to work with patients who are paid directly, our program with FFR is an important part of dealing with these situations. Page 86 of 138 *ABOUT-�*- In response to the growing demands of the ambulance community, ProClaim was founded in 2001 by Joanne Orlando and Cindy Orfino. ProClaim is incorporated in New York, with each founder having an equal partnership stake. ProClaim prides itself on being a National Women Business Owners Corporation (NWBOC) and a NYC Women-Owned Business Enterprise (WBE). From our humble start with just the two founding partners,we have expanded our client base, staff, and partnerships. Throughout this growth,we have remained committed to being a local business and providing the same level of superior service to every client. ProClaim is primarily focused on small and medium sized volunteer services and municipal ambulance services. We fully understand the unique challenges and needs of our clients. Changes in healthcare, in particular ambulance billing and reimbursement, require knowledge and experience that only comes with working exclusively on EMS claims. Choosing a company that possesses this expertise is the first step toward financial success.With this exclusive experience in ambulance billing and collections, both Joanne and Cindy have extensive operational and management experience in the EMS industry. Our extensive experience in the ambulance industry has taught us that financial success is dependent upon a symbiotic union between billing, operations, and the clients to whom we provide service. To that end,we maintain close relationships both internally and with our clients. When you choose to employ ProClaim's services,you become not only a valued customer, but also our trusted partner. ProClaim is highly experienced in the intricacies and billing submission requirements of the Tri-State insurance carriers including all NYS Medicaid counties. We are 100%compliant with all Medicare, Medicaid and HIPAA regulations and continually remain current with all revisions issued by Federal, State and County agencies. '"Pp"'i"Y­P """'i... Page 87 of 138 Operational Experience For each client,we manually and systematically review every transport from internal receipt of the trip report through final adjudication of the claim. Monthly invoicing and reports are specifically provided to meet each of our clients' needs. Our experience includes: • Managing all aspects of the billing process,from paper trip report or ePCR import and coding to account resolution • Understanding and training our Coding staff on utilizing acceptable ICD-10 and/or condition codes,as defined by the payer. This will include the review of Medicare and Medicaid definitions for medical necessity along with the proper modifiers. • Knowledge of the submission and appeal policies of NGS, (the regional Medicare Carrier), Medicaid and the top payers in your region such as Blue Cross/Blue Shield, Emblem, and including New York State No-Fault regulations. Client Service • Regular meetings and updates to ensure internal and external compliant billing processes. • Coordinate month end reporting needs • Analytical review of your key financial indicators and recommendations periodically of areas to improve revenue • Assisting with budgeting and revenue forecasting for client • Tracking industry trends and regulations Software ProClaim utilizes ZOLL billing application. We maintain the most recent updates, including real-time eligibility verification. We consistently attend ZOLL seminars to provide input to ZOLL, based on ongoing needs of our clients and to stay current on all new features and functionality. The ZOLL system is exclusive to EMS Revenue Cycle and automates many of the billing processes. This facilitates ProClaim's ability to provide a faster processing time as well as reduction of any manual-related errors. This reduction of clerical functions allows ProClaim to focus on the complex areas for which true billing expertise is needed. In addition to the utilization of the ZOLL application, ProClaim is also partnered with Zirmed. This clearinghouse provides state of the art technology for claim submission, eligibility-checking, and electronic remittance. Compliance ProClaim partners with Pro EMS Solutions for best practices for billing compliance. Pro EMS has engaged an outside auditing firm to complete a SOC 1 Type II audit annually. We also complete an annual audit for compliance with HIPAA Security, Privacy and Breach Notification rules. ProClaim has an extensive relationship with EMS law firm Page,Wolfberg, and Wirth (PWW). All ProClaim personnel are Certified Ambulance Coders. We also employ a Certified Ambulance Compliance Officer. Page 88 of 138 Approach and Schedule In order to carry out the scope of services as outlined, ProClaim has a 6 Stage Billing Process: 1■STAGE ONE � iii ➢ Trips are imported into our Zoll system by ProClaim when completed by your crew. The PDF file is also included 00STAGE TWO TV,II ➢ Each trip is reviewed for correct demographics including verification of insurance data through the use of the Zoll Billing Pro module. Zoll Billing Pro allows ProClaim to search, obtain, and verify demographic information, including social security numbers and insurance information. With minimal information from the crews,we have a greatly enhanced ability to turn private bills to patients into bills paid by patient health insurance. ➢ If no insurance is obtained through Billing Pro, ProClaim utilizes the Self-Pay Coverage Finder to find billable insurance for patients from thousands of payer sources nationally. This use of technology to access and search national databases decreases bills to patients and increases insurance payments to your agency OWSTAGE THREE I ➢ The trip is coded with appropriate charges added. The coding review includes verifying level of service, medical necessity, required CMS signatures, and ICD-10 or condition code ❖ If there is no insurance available, our staff will attempt to call the patient and/or hospital. We will work with your organization to establish hospital relationships to assist in securing patient insurance and demographics OOSTAGEFOUR� 11100U ➢ Claims are submitted to our clearinghouse ➢ Deductible Management: Our solution works to attempt identification of unmet patient deductibles upfront, monitors the patient insurance in real-time, and notifies ProClaim to send the bill to the patient insurance when the deductible later becomes satisfied (usually within 45 days). This functionality helps lessen the number of your patients being billed privately due to their deductible and increases insurance receipts to your agency all while remaining withing the timely filing parameters ➢ Patient bills are also sent if there is no insurance available (the bill specifically asks for insurance data) or there is a balance due Page 89 of 138 @WSTAGE FIVE lllllr ➢ Payments are posted in batch ➢ Automated secondary billing commences upon posting of the primary payment Denials are captured and entered in a queue. Each denial is reviewed and resubmitted upon correction or appeal ONSTAGE SIX M "7 ➢ Accounts are closed upon receipt of full balance due At the direction of your organization, unpaid patient balances can be referred to an external collection agency and/or written off for accounting purposes Page 90 of 138 Additional Available Service Integrations At TMAD's request, ProClaim will implement any or all of the following service integrations at NO ADDITIONAL COST: Exper ence I3 SURVEY ,& After every EMS call,your patients receive a patient satisfaction survey of questions that ask about the quality of their experience. This data is collected,analyzed, and compiled into reports that provide statistical data from patient answers.These reports are a great tool to use as part of your agency CQI program. CARES Cardiac Arrest Registry to Enhance Survival 11 ProClaim collects all necessary information from your agency Patient Care Reports (PCRs) and provide all necessary management and data input to participate in the CARES(Cardiac Arrest Registry Enhanced Survival) database. Cardiac arrest survival data for your agency can be important for you CQI programs and level of clinical sophistication. ADAPTIVE T PACKAGE ProClaim offers an adaptive turn-key solution for your tablet ePCR hardware including the necessary software, support, and training to create a smooth transition from paper or another ePCR system. These durable tablets come with appropriate connectivity and are secured with double password access, encryption, as well as the ability to remotely delete sensitive information. In the event of loss,theft or total failure, new devices are shipped out as soon as possible. Based on your agency's volume and needs, our Technology Team will work with you to identify and provide the appropriate number of Microsoft Surface Pro tablets with 24/7 support at no additional charge. If your agency requires more devices than warranted by trip volume,we can provide them upon request for a nominal monthly service charge. W� INTELLIGENT JdQ 1 'SUITE X wz ProClaim offers a system of 100%CQI review.The Intelligent CQI Solution provides a comprehensive system of proprietary algorithms and human review to perform retrospective quality assurance activities and provide reports to assist in the improvement of EMS clinical care. This function reports to your agency leaders to facilitate their review calls with your EMS field providers. '"Pp"'i"Y­P Page 91 of 138 P.O. Box 626 Tarrytown,NY10591 T 914.366.4004 F 914.366.4111 www.proclaimservices.com JProClaim EMS SOLUTIONS & BILLING Supporting Your Mission to Save Lives Page 92 of 138 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@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Allison May, Town Clerk Re: Report of Minutes for 8/17/2022, 12/19/2022, 1/11/2023 and 1/18/2023 Date: January 25, 2023 The Minutes from Town Board meetings from 8/18/22, 12/19/22, 1/11/23 and 1/18/23 will be ready for approval on February 1, 2023. Action Requested: Resolved that the Town Board hereby approves the minutes of 8/18/22, 12/19/22, 1/11/23 and 1/18/23. Page 93 of 138 Town of Mamaroneck Town Clerk, Town Center 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.org Date: January 25, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Report of Minutes for 8/17/2022, 12/19/2022, 1/11/2023 and 1/18/2023 General: The Minutes of 8/17/2022, 12/19/2022, 1/11/2023 and 1/18/2023 are ready for approval. Attachment/s: 2022-12-19 Working Minutes 2023-01-11 Final Minutes 2022-08-17 Final Minutes 2023-01-18 Working Minutes Page 94 of 138 Town of Mamaroneck * Town Board Minutes Monday, December 19, 2022, Conference Room C, First Floor of Town Center 5:00 PM a PRESENT: Jaine Elkind Eney, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman Robin Nichinsky, Councilwoman ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney Lindsey M. Luft, Assistant to Town Administrator Tracy Yogman, Town Comptroller Robert P. Wasp, Town Engineer Michael Liverzani, Town Ambulance District Director 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER On motion of Councilman King, seconded by Councilwoman Nichinsky, the Town Board unanimously agreed to open the Work Session at 5:00pm. Page 95 of 138 Town Board December 19, 2022 WORK SESSION ITEMS 1. Options for New Crossing Signal at New Jefferson Town Engineer Robert P. Wasp presented the Town Board with two options for the new crosswalk sign on New Jefferson. With both sign types, a pedestrian would push the button and then the sign would flash to alert drivers that a pedestrian is/or will be crossing. See Attachment A, one option is a Rectangular Rapid Flashing Beacon (RRFB) and the other is an LED Perimeter Sign Type. The Town Engineer pointed out that the cost for the RRFB sign is a bit less than for the LED Perimeter Sign Type and there are more manufacturers producing the RRFB sign type. In addition, with the RRFB sign, the Town could program the intensity and duration of the light to ensure maximum visibility at all times, while minimizing light pollution. The Town Engineer and Barton & Loguidice both recommend the RRFB sign type. 2. Discussion - Fields for Kids! Inc. Agreement Town Supervisor Elkind Eney updated the Town Board on her recent meetings with Fields for Kids (FFK). FFK have completed the survey, although the Town has not seen it. The next step is to complete an engineering study. Town Engineer Rob Wasp explained the proposal from Woodard & Curran for the engineering study, which would determine feasibility through analysis of the property structure. 3. Discussion - Local Law Amending the Tree Law The Board began reviewing portions of the proposed new Tree Law. The Town Board agreed to regroup on the Tree Law at the next Town Board meeting and to invite Environmental Planner Elizabeth Aitchison to join the discussion. 4. 2023 Ambulance Fee Schedule The Town Board reviewed the change in fees as proposed by the Town of Mamaroneck Ambulance District Administrator Michael Liverzani. Approval is on the regular agenda later this evening. 5. Request for Executive Session For the sake of starting the Regular Meeting at a reasonable time, the Town Board agreed to hold their Executive Session after the Regular Meeting. Page 96 of 138 Town Board December 19, 2022 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in Conference Room C located on the first floor at the Town Center. The Public was able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:30 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. SUPERVISOR'S REPORT Welcome to the December 19, 2022 meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session here at the Town Center in Conference Room D starting at 5:00pm, which is open to the Public. Buffet: The Town Board continues to work on the budget. We will continue the public hearing on the Preliminary Budget again tonight. Comprehensive Plan Update: We are continuing the process of updating our Comprehensive Plan. Just a reminder, the next step is to review our analysis of your comments and ideas to see if we've got it right. We have created an online experience. Please go to our website www.townofmamaronecknV.org to take advantage of the opportunity to tell us if we're on track for your vision for the future of the Town. The site will be open until the end of the year. 1-95 Turnaround: On Wednesday December 14, the NYS Thruway Authority announced the completion of a new U-Turn near exit 17 of 1-95 in the Town of Mamaroneck. The new U-Turn is located about 600 south of the prior U-Turn. During heavy traffic, firetrucks and other emergency vehicles entering southbound 1-95 at that location had difficulty crossing the three southbound lanes to access the U-Turn to respond to incidents on northbound 1-95. In those cases, emergency vehicles had to travel more than 2 miles south to the next exit, leave the highway and then re-enter 1-95 in the north bound direction, adding up to 10 minutes to their response time. The NYS Thruway Authority, working with State Senator Shelley Mayer, State Assemblyman Steve Otis, my office and the TMFD, was able to accelerate the completion of the new U- turn. This newly relocated U-Turn, requested by our Fire Department, will provide our firetrucks and other emergency vehicles a safer location to access and cross 1-95 while helping them reach emergencies more quickly. Our First Responders' safety is of paramount importance as they keep us safe each and every day. We are grateful to everyone who recognized the significance of this much-needed project and saw it through to swift completion. Page 97 of 138 Town Board December 19, 2022 Grants: I am thrilled to announce that the Town applied for and was awarded a $300,000 grant from the County for a comprehensive study of our storm sewer system!! Completion of the evaluation will provide the Town with updated record maps for our storm sewer network, identification of current defects and recommendations for construction projects that effectively reduce the occurrence and extent of flooding. This is a big first step in alleviating the repeat occurrence of flooding events in our community! I want to thank County Legislator Catherine Parker and County Executive George Latimer for including these much-needed funds in the 2023 County Budget and for always partnering with the Town, and I want to thank Town Engineer Rob Wasp for shooting for the stars with me! Events: It has been a busy two weeks of happy events here in the Town: On December 8, we attended a WMOA hosted by the Village of Tuckahoe. The Deputy State Comptroller spoke and offered much-appreciated assistance to local municipal officials. Last Saturday, December 10, 1 joined Mayor Tom Murphy at the Christmas Tree lighting social at Harbor Island Park in the VOM. Santa and his elves did a wonderful job brightening everyone's spirits. Thank you to Recreation Superintendent Jason Pinto for featuring my (his and the Mayor's) favorite Christmas song Bruce Springsteen's rendition of"Santa Claus is Coming to Town" On December 13, 1 attended a recreation Commission meeting where we celebrated two long term members of the Recreation Commission who are retiring at the end of this year-- Rita Plansky, after over 20 years, and Terry Rainaldi, after over 30 years. There are no words to express our appreciation for their years of dedication, caring and hard work. Thank you both. On December 17 1 attended the Girls Finals in the 2nd Annual Keith Yizar Memorial Basketball Tournament at the HS. Unfortunately, the MHS Varsity Girls Team (coached by Keith's sons, Yusef and Gabe) lost in the Final, but it is always good to remember Keith who played such a vital role in our community. Wait til next year.... December 18 was a busy day celebrating the holidays in our community. Deputy Supervisor Katz and I started at the Hommocks Rink where the TMFD and Recreation Department hosted a Skate with Santa and the TMFD held their annual Toy Drive. The rink was packed and everyone seemed to be having a good time skating with Santa and his elves. Then Abby and I went to the Duck Pond where the Larchmont Gardens Civic Association hosted their annual Winter Social complete with Hot Chocolate and a visit from LVAC and the TMFD (just back from Skate with Santa at the Rink) Finally Abby and I capped off the afternoon at Constitution Park in Larchmont for a Menorah Lighting. The Menorah was carved from ice!! I wish all who celebrate a Happy Chanukkah, a Merry Christmas, a Joyous Kwanza, a Happy Festivus and a Happy Healthy New Year filled with love and laughter!! Next item on the agenda is public hearings. Page 98 of 138 Town Board December 19, 2022 PUBLIC HEARING(S) The following Notice of Public Hearing is entered into the record as follows: LEGAL NOTICE PRELIMINARY 2023 TOWN BUDGET and PRELIMINARY TOWN OF MAMARONECK FIRE DISTRICT#1 BUDGET NOTICE IS HEREBY GIVEN, that pursuant to Section 130 of the Town Law of the State of New York, the Town Board and the Board of Fire Commissioners will hold a public hearing Wednesday, December 7, 2022, at 8:00 PM, to consider the Town's Preliminary Budget and the Mamaroneck Fire District Preliminary Budget for the calendar year commencing January 1, 2023 and ending December 31, 2023. The 2023 Preliminary Budget can be viewed on the Town's website, https://www.townofmamaronecknv.org beginning November 23, 2022. PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town Board are as follows: Supervisor, $41,013 Town Board (4) $6,562 each and the proposed salary for the Town Clerk is $106,725 and the Town Justices (2) $22,967 each. 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:Hlmcmedia.org/. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published November 30, 2022 1. Preliminary 2023 Town Budget and Preliminary Town of Mamaroneck Fire District #1 Budget The Budget Transmittal Letter is entered into the record, dated December 19, 2022, see Attachment B. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the Public Hearing was unanimously reopened. Carried On motion of Councilman/Commissioner King, seconded by Councilwoman/Commissioner Nichinsky, the Board of Fire Commissioners was unanimously opened. Carried Page 99 of 138 Town Board December 19, 2022 The Town Administrator Meredith Robson thanked her staff, particularly the Town Comptroller Tracy Yogman, and then introduced the Town Comptroller to present both a PowerPoint of the 2023 Preliminary Budget as well as the Budget Updates to the Preliminary Budget (see Attachment C). Supervisor Elkind Eney asked if any Town Board Members or the public wished to comment. Michael Gottfried of Ocean Avenue in Larchmont addressed the Town Board. Mr. Gottfried handed in Mr. Brian Lobel's comments on the 2023 Budget for the record. Mr. Gottfried had a few questions about the funding for the pool project and the sanitation budget, which were answered by the Town Administrator and the Town Comptroller. Mr. Gottfried again thanked the Town Comptroller and the Board and the Town Administrator for their work on the Budget. Mr. Gottfried gave the Town Board a letter detailing his remaining questions, see Attachment D, as well as a document from Mr. Brian Lobel for the record, see Attachment E, regarding the 2023 Town Budget. Councilwoman/Commissioner Nichinsky thanked Mr. Gottfried and everyone in the Town that was involved in the process. Councilwoman/Commissioner Katz stated that she agrees with Mr. Gottfried's comments about getting public comment earlier in the Budget process and hopes the Board can come up with a way next year to include public feedback earlier in the process. Town Supervisor/Commissioner Elkind Eney commented that she had spoken with Mr. Gottfried throughout the Budget process and thanked him for his participation. Councilwoman/Commissioner Fiddelman agreed that it would be terrific to include public comment earlier in the Budget process. Town Supervisor/Commissioner Elkind Eney thanked Budget Officer and Comptroller Tracy Yogman again for her hard work. Town Supervisor/Commissioner Elkind Eney asked if anyone else had any comments on the 2023 Town Budget and there was no one. Moved by Councilman/Commissioner King, seconded by Councilwoman/Commissioner Fiddelman, the Public Hearing was unanimously closed. Carried Moved by Councilwoman/Commissioner Katz, seconded by Councilman/Commissioner King, it was RESOLVED, that the Mamaroneck Town Board does hereby adopt the 2023 Town of Mamaroneck Budget and the 2023 Town of Mamaroneck Fire District Budget as presented. Page 100 of 138 Town Board December 19, 2022 Carried Moved by Councilwoman/Commissioner Fiddelman, seconded by Councilwoman/Commissioner Katz, the Board closed as Board of Fire Commissioners. Carried CITIZEN COMMENTS There were no citizen comments. STAFF COMMENTS There were no staff comments. BOARD OF FIRE COMMISSIONERS 1. Call to Order Moved by Councilwoman/Commissioner Nichinsky, seconded by Councilwoman/Commissioner Katz, the Board reopened as Board of Fire Commissioners. Carried 2. Fire Claims Moved by Councilman King, seconded by Councilwoman Katz, it was RESOLVED, that the Board of Fire Commissioners hereby approves the attached list of fire claims in the amount of$13,474.47 (see attachment F). Carried 3. Other Fire Department Business Commissioner Elkind Eney announced that last week, the Fire Department held elections, and the new Fire Chief will be Tom Broderick, the First Deputy will be Alex Rapp, and the Second Deputy will be Joseph Russo. Commissioner Elkind Eney once again thanked Shaun Hughes for his exemplary service as Fire Chief for the Town of Mamaroneck. Page 101 of 138 Town Board December 19, 2022 There being no further business to come before the Fire Commission, on motion of Commissioner King, Seconded by Commissioner Fiddelman, the Commission unanimously adjourned, and the Town Board reconvened. Carried AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization -January 2023 Town Board Meeting Schedule Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, it was RESOLVED that the Town Board does hereby set the January Town Board meetings for an organizational meeting on January 11 and for the first Regular Meeting on January 18, 2023. Carried 2. Authorization - 2023 Ambulance Fee Schedule On motion of Councilwoman Nichinsky, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the 2023 Ambulance District Fee Schedule as follows: BLS Emergency $695 (2%) ALS I Emergency $875 (2%) ALS II Emergency $992 (2%) ALS Assessment $70 (0%) Mileage $18.00 per loaded mile (0%) Carried Page 102 of 138 Town Board December 19, 2022 3. Consideration of Certiorari Town Attorney William Maker Jr. introduced the certiorari for the following address: Subject: SRP, Inc. Address: W. Boston Post Road (no street number) Section/Block/Lot: 9-20-507 Town of Mamaroneck/Village of Mamaroneck The Town Attorney explained that this property is vacant land with an extremely steep slope, which makes it difficult to build upon. It is located across from the Town Center. The petitioner challenged its assessments for the years 2016 through 2021. The property's assessed value for all years at issue is $960,000. The property had been on the market and an offer to purchase it for$650,000 was made about two years ago. The offer was withdrawn due to the cost associated with constructing necessary retaining walls, extending water, sewer and electric lines and driving piles. Nearby vacant lots on the Boston Post Road, which are level, have sold for around $48/square foot. Due to the topography, the petitioner offered to settle by valuing the subject property at $45/square foot or $720,000. Using an average tax rate of$.5412 per thousand dollars of assessed value, Attorney Maker estimated that by agreeing to this settlement, the Town would refund about $780 in taxes. Using an average School tax rate of$13.5992 per thousand dollars of assessed value, he estimated that if the Town Board agrees to this settlement, the School District will refund, or not collect, about $19,580 in taxes. The School District did not formally intervene in these proceedings; however, as is his custom, he reviewed the proposed offer with the School District's attorney before making it. The School District's attorney considered it to be a satisfactory settlement. Using a blended Village tax rate of$6.7412 per thousand dollars of assessed value for the other years at issue, Attorney Maker estimated that if the Town Board agrees to this settlement, the Village will refund, or not collect, about $9,700 in taxes. Page 103 of 138 Town Board December 19, 2022 On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Town Board hereby authorizes the settlement of the tax certiorari presented as follows with SRP, Inc.: W. Boston Post Road(no street number) Section/Block/Lot: 9-20-507 Town of Mamaroneck/Village of Mamaroneck Year Assessment Reduction Resulting Assessment 2016 $960,000 $240,000 $720,000 2017 $960,000 $240,000 $720,000 2018 $960,000 $240,000 $720,000 2019 $960,000 $240,000 $720,000 2020 $960,000 $240,000 $720,000 2021 $960,000 $240,000 $720,000 Carried 4. Authorization — Property Auction and Waiver of Remaining Property Tax and Penalties/Interest Town Attorney William Maker Jr. explained the history of 351 Orienta Avenue, the results of the property auction that had occurred recently, and the subsequent recommendation by Town Comptroller Tracy Yogman to waive the remaining taxes, penalties, and interest due the Town as there is no legal remedy to collect these after the property is auctioned. On motion of Councilwoman Katz, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the Comptroller to write off taxes due of$90,652.46 and waive the penalties and interest due of$272,135.68 for 351 Orienta Avenue. Carried Page 104 of 138 Town Board December 19, 2022 REPORTS OF MINUTES Report of Minutes of Town Board Special Meeting of December 15, 2022 Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby approves the minutes of the special Town Board meeting on December 15, 2022. Carried REPORTS OF THE COUNCIL Councilwoman Nichinsky • Was unable to attend the Planning Board meeting this month. • Wished everyone in the community a happy holiday and a happy new year. Councilwoman Fiddelman • Reported that the Board of Ethics met this month for the first time in-person since the pandemic. Councilwoman Fiddelman thanked the Board of Ethics for completing their work for the year. • Wished everyone the happiest, healthiest, and safest of holidays. Councilwoman Katz • Thanked the Ambulance District and the Fire Department for bringing out their trucks for recent holiday events in the community. • Thanked the Police Department for their December toy drive. • Wished everyone a happy, safe holiday season. Councilman King • Pointed out the short, one-week break for students in the Mamaroneck School District. • Reminded everyone about the extended Hommocks Holiday Skate Hours. • Still have openings in the Recreation programs starting in January -- check the Town website out under Recreation. • Wished everyone a happy, safe holiday season. TOWN CLERK'S REPORT Reported that the Town is almost done with the Lot B renovation, noting that the Town completed the work on the upper-level deck and are hoping to wrap up our work on the lower-level later this week. We are also in the midst of our parking permit renewals for 2023. If you have not yet submitted your renewal to the Town Clerk's office, please do so as soon as possible in order to have your permit in hand and available for use on January 2na Page 105 of 138 Town Board December 19, 2022 TOWN ATTORNEY'S REPORT Wished everyone in Town a happy holiday season and looks forward to seeing everyone in 2023. ADJOURNMENT Supervisor Elkind Eney ended the meeting on a somber note stating that last Wednesday, December 14, was the 10t" Anniversary of the shooting at Sandy Hook Elementary School at which 26 innocent people were murdered, 20 of them children. Guns are now the number one killer of children in the U.S., surpassing car crashes. In 2020, guns became the leading cause of death for those ages one through eighteen. Supervisor Elkind Eney's hope for the new year is that we as a nation finally do something about this. Moved by Councilwoman Katz, seconded by Councilman King, The Town Board entered into an Executive Session to discuss the employment history of a particular individual. Carried Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz The Town Board ended the Executive Session and closed the Town Board Meeting at 10:30pm. Carried REGULARLY SCHEDULED MEETING - January 11, 2023 Submitted by Allison May, Town Clerk Page 106 of 138 N Town of Mamaroneck ' Town Board Minutes ALIT, Wednesday,January 11,2023 Courtroom, Second Floor of Town Center 5:00 PM PRESENT: Jaine Elkind Eney,Town Supervisor Abby Katz,Councilwoman Sabrina Fiddelman,Councilwoman Jeffery L. King,Councilman Robin Nichinsky, Councilwoman ABSENT: ALSO PRESENT: Allison May,Town Clerk Meredith S. Robson,Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr.,Town Attorney Lindsey M. Luft,Assistant to Town Administrator 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman the meeting unanimously opened at 5:03 p.m. Carried WORK SESSION ITEMS 1. WJWW-Discussion-Paul Kutzy, Manager Paul Kutzy, Manager, Westchester Joint Water Works, provided an update on the Rye Lake Filtration Plant as detailed in the attached email (see Attachment A). 2. Request for Executive Session On motion of Councilman King, seconded by Councilwoman Fiddelman, the Board unanimously agreed to enter into an Executive Session to discuss the employment history of a particular person or persons as well as pending litigation regarding Save the Sound and Westchester Joint Water Works. Carried On motion of Councilwoman Fiddelman, seconded by Councilman Katz, the Board unanimously agreed to resume the Regular Meeting. Carried 3. Discussion -Acceptance of the Donation to the Town of Mamaroneck Senior Page 107 of 138 Town Board January 11, 2023 Center The Town Board discussed the recent generous donation by the Virginia A. Maguire Foundation of$26,500 to the Town of Mamaroneck for the installation of lighting to make the sign at the entrance to the Senior Center visible in the dark and to purchase and install a sound system at the Senior Center. The Board agreed to accept the donation at the meeting later this evening. 4. Updates The Town Board discussed the proposed new Senior Citizens and Persons with Disabilities Partial Tax Exemptions Law, agreeing to set a Public Hearing for February 1, 2023, later this evening. The Town Supervisor introduced an opportunity for the Town to enact a law to provide a benefit of a ten percent reduction in the value of property assessment for the Town's Volunteer Firefighters and Emergency Medical Technicians. The law would require that they live in the Town and meet various other requirements. The Town Board requested the Town Attorney review the opportunity and prepare a draft local law. 5. Request for Executive Session On motion of Councilwoman Katz, seconded by Councilwoman Nichinsky, the Board unanimously agreed to reenter into an Executive Session to continue to discuss the employment history of particular persons, the proposed acquisition of real property that would substantially affect the value thereof, and potential litigation regarding Save the Sound and Westchester Joint Water Works. Carried On motion of Councilwoman Katz, seconded by Councilman King, the Board unanimously agreed to resume the Regular Meeting. Carried 6. Additions to Regular Meeting Agenda The Town Board agreed to add an authorization for Special Legal Counsel to Affairs of the Town, item number seven. The Town Board also agreed to remove item number eight on the agenda (the approval of proposed Town Board meeting dates and locations for 2023), as it will be included in item number one, the Organizational Schedule. 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35)or on LMCMedia.org CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:20pm. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. SUPERVISOR'S REPORT--ANNUAL ADDRESS 2023 Welcome to the January 11, 2023, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session here at the Town Center in Conference Room A starting at 5:OOpm, which is open to the Public. We will start tonight with the 2023 Supervisor's Annual Address.This is my annual report on Page 108 of 138 Town Board January 11, 2023 the highlights of 2022 and what we expect to look forward to in 2023. Well, I survived my first year as Supervisor!And what a year it has been.All of us here were very busy. 2022 Accomplishments The Ambulance District responded to 3,147 calls; The Assessor managed 8,985 parcels in the Town with a total assessed value of nearly $11.7 billion; The Attorney for the Town handled 17 certioraris; The Building Department issued 1,085 permits, 1,140 Letters of Compliance/Cos and went on 4,024 inspections; Community Services served 1,265 meals at the Senior Center and delivered 5,136 meals on wheels to 42 homebound residents; The Comptroller Managed a$53 million operating budget and an $8 million capital budget; The Conservation Department planted 40 new trees; The Engineering Department issued 67 Storm Water Permits, 28 Letters of Compliance, and went on 521 inspections; Highway Department paved 3.95 lane miles of road, used 150 tons of asphalt to repair potholes, cleaned 500 catch basins, picked up 1,800 tons of leaves, plowed 27"of snow and repaired innumerable Town Vehicles; The Fire Department responded to 1,222 calls, total personnel responding was 7,027 members and they recruited 14 new members; The Police Department responded to 11,130 calls, rewrote 144 Standard Operating Procedures, and had 3,219 hours of training; The Recreation Department had 90 different programs, some of which were offered multiple times throughout the year, serving over 5500 residents(not including special events); Sanitation received 7,836 tons of garbage, 2,419 tons of recycling (paper and comingled), 589 tons of organics;And the Maxwell Avenue recycling center received 66 tons of food scraps; The Senior Center had 296 Seniors enrolled in programs there; and The Town Clerk issued 1,062 parking permits, 161 marriage licenses, 610 dog licenses and responded to over 200 FOIL requests. Pretty impressive! But these statistics don't really tell the whole story of what happened in the Town this year. Comprehensive Plan The biggest project we worked on this year was the update of our Comprehensive Plan. TOGETHER OUR MAMARONECK, the Comprehensive Plan sets forth a blueprint and vision for the future of our community and a road map for future actions by the Town Board. Community input is critical to the success of a Comprehensive Plan, so the starting point was getting input from you, the residents. We held multiple in-person workshops, pop up listening sessions at community events, and an online survey. Our consultants, PACE Land Use Law Center, synthesized public comments and created a framework for the Plan.Then we had more listening sessions and an online survey to see if you think they got it right.The Consultants are writing the Plan now. Grants We are always looking for sources of grant funding to save taxpayer dollars: We were fortunate to receive a$308,000 federal grant from Congressman Bowman for much-needed improvements to the Senior Center, and A$300,000 grant from County Executive George Latimer and County Legislator Catherine Parker for a comprehensive study of our storm water system. This grant was full of firsts! It will be the first time the Town has done a comprehensive evaluation of our storm sewers and the first time the Town has received grant funding to conduct such a study.As a result of the study,we will be able to identify defects in the system and repair them,which should reduce the occurrence and extent of flooding, and A$64,000 grant from the NYS Department of Environmental Conservation for a vehicle to transport food scraps from Maxwell Avenue to the Suburban Carting to be disposed of. Page 109 of 138 Town Board January 11, 2023 Communication We placed a heavy emphasis on communication with the residents this year so that you are informed about everything that is happening in the Town. We launched a new website that is more user friendly and contains much more useful information and we enhanced our Monthly e-newsletters.As a result, online subscriptions increased 25 % in 2022. We also made our Monthly e-newsletter more accessible by sharing it on several popular local facebook pages, such as Love Larchmont, thus further increasing readership. We added a new e-feature, "This Month in Mamaroneck..Town Happenings", an e-calendar of Town Events for the month. PLEASE, PLEASE, PLEASE got to www.townofmamroneckny.org and press the gold circle"sign up for alerts"to sign up for Town news and notifications. Infrastructure We continue to make improvements to our infrastructure.We finally have cell service on Weaver Street!We completed all of the repairs to our sanitary sewer system required pursuant to the 2018 Sanitary Sewer Evaluation Study. We were the only municipality in our consortium (Pelham Manor, New Rochelle, Larchmont)to complete all of the necessary repairs identified in the SSES. In addition,to paving roads, we reconfigured the traffic pattern at the Myrtle/North Chatsworth intersection, reconstructed sidewalks, repaved and landscaped the parking lot at the Senior Center and completed repairs to the parking deck on Myrtle Boulevard. Environment I am proud that the Town continues to be a leader on the environmental and sustainability front. The Town Board went paperless..now, instead of receiving paper packets for Town Board Meetings,we receive all TBM documents electronically. The Town was re-certified a "Climate Smart Community" by the NY State Department of Environmental Conservation. We are proud that back in 2016 the Town became the ninth municipality in the entire state to achieve this status. This year at the time the Town renewed its certification, it was the only municipality in NYS that met the criteria for the second time. We achieved the honor from the Arbor Day Foundation as a"Tree City USA." for the 30th year. The Town had two environmental cleanup events, one in the spring and one in the fall, and a repair cafe to promote repair as a better alternative to tossing things out that add to the waste stream. Finances The Town remains on solid financial footing. The Town maintained its Moody's AAA rating. This is the highest possible financial rating and allows the Town to borrow money for essential capital projects at the lowest possible interest rate. 2023 and Beyond In 2023, among other things, we are looking forward to renovating Memorial Park,working with Fields for Kids at improving the Hommocks Fields, studying an enhancement for the pool area, enacting a Tree Law to protect and enhance our Tree Canopy, creating more varied housing opportunities, affordable housing being an integral part of that, and finishing the Comprehensive Plan, including an implementation plan. All of this doesn't just happen. None of this would be possible without our dedicated, professional caring staff who love our Town and work tirelessly under the leadership of our Town Administrator, Meredith Robson. We are also blessed with many community-minded residents who volunteer their time and energy to serve on our many boards and commissions. And we are so fortunate to have representatives on the federal, state and county level who have all been incredibly responsive when the Town seeks assistance on any number of issues. No matter what time of night or day, I know that I can pick up the phone and call any one of them. Finally, I am proud to be working with my colleagues on the Town Board—Abby Katz, Sabrina Fiddelman, Jeffery King and Robin Nichinsky. They are committed to the Town and our residents.They work tirelessly and diligently, looking to the future,willing to ask the tough questions and make the hard decisions when necessary. It is truly a labor of love. We are all working together to enhance our community. I look forward to continuing working with the entire community in 2023 to keep the Town of Mamaroneck moving forward. Page 110 of 138 Town Board January 11, 2023 RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board and there was none. STAFF COMMENTS/PRESENTATIONS There were no staff presentations. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner King and seconded by Commissioner Katz, 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: Jeffery L. King Commissioner: Robin Nichinsky 2. Fire Claims Moved by Commissioner King, seconded by Commissioner Katz, it was RESOLVED, that the Board of Fire Commissioners hereby approves the attached list of fire claims totaling$9,465.33. See Attachment B Carried 3. Other Fire Department Business Commissioner Elkind Eney read the Fire Report for the Month of December 2022, as submitted by Chief Hughes as follows: ALARM TYPE NUMBER Generals 25 Minors 38 Stills 2 Out of Town (Mutual Aid) 3 EMS 53 Drills 3 TOTAL 124 Total number of personnel responding: 651 Total time working: 53 hours and 32 minutes See Attachment C Commissioner King provided a brief update to the Fire Commission on the two new fire trucks. There being no further business to come before the Fire Commission, on motion of Commissioner Fiddelman, Seconded by Commissioner King, the Commission unanimously adjourned, and the Town Board reconvened. Page 111 of 138 Town Board January 11, 2023 AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization -Organizational Agenda APPOINTMENT OF DEPUTY SUPERVISOR BE IT RESOLVED, that Jaine Elkind Eney, Town Supervisor, does hereby appoint Abby Katz as Deputy Town Supervisor, effective January 1, 2023, and terminating December 31, 2023. APPOINTMENT OF MARRIAGE OFFICIANTS Moved by Councilman King, seconded by Councilwoman Katz, be it RESOLVED, that the Town Board of the Town of Mamaroneck does hereby appoint Jaine Elkind Eney and Allison May as Marriage Officers, effective January 1, 2023, and expiring December 31, 2023. APPOINTMENT OF CIVIL OFFICERS Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, be it RESOLVED that Jay Reynolds is hereby reappointed as Civil Officer of the Town of Mamaroneck to serve a term of office of one-year, effective January 1, 2023 and terminating on December 31, 2023, and FURTHER RESOLVED that George Mgrditchian is hereby reappointed as Civil Officer of the Town of Mamaroneck to serve a term of office of one-year, effective January 1, 2023 and terminating on December 31, 2023, and FURTHER RESOLVED that Dominick Poretto is hereby reappointed as Civil Officer of the Town of Mamaroneck to serve a term of office of one-year, effective January 1, 2023 and terminating on December 31, 2023, and FURTHER RESOLVED that the foregoing appointments shall be effective immediately upon the appointees taking and subscribing the oath mandated by section 25 of the New York Town Law. DESIGNATION OF TOWN BOARD MEETINGS Moved by Councilwoman Fiddelman, seconded by Councilman King, be it RESOLVED, that the 2023 Regular Meetings of the Town Board be held at 740 W. Boston Post Road,Mamaroneck beginning at 5:00 PM on the following dates: February 1 and February 15 July&August TBD March land March 15 September 6 and September 20 April 4 and April 19 October 4 and October 18 May 3 and May 17 November 1 and November 15 June 7 and June 21 December 6 and December 20 and, FURTHER RESOLVED, that said meetings, dates and places maybe changed at the pleasure of the Board upon notice being given. DESIGNATION OF OFFICIAL NEWSPAPERS Page 112 of 138 Town Board January 11, 2023 Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, be it RESOLVED, that The Journal News is hereby designated as the official newspaper of the Town of Mamaroneck for the purpose of publishing legal notices during 2023. DESIGNATION OF DEPOSITORIES OF FUNDS: Moved by Councilman King, seconded by Councilwoman Katz, be it RESOLVED, that the following banks and trust companies are hereby designated as depositories for funds of the Town of Mamaroneck for the year 2023 to be: NYCLASS Investment Pool The Bank of New York Mellon JP Morgan Chase Bank, Mamaroneck Wilmington Trust Sterling Bank, Mamaroneck Webster Bank DESIGNATION OF BANK SIGNATURES Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, be it RESOLVED, that all authority heretofore granted to withdraw funds, draw checks, transfer funds and other orders upon the Town of Mamaroneck accounts maintained at the aforesaid banks hereby is rescinded and revoked and hereafter such withdrawals, checks, transfers and other orders shall be authorized electronically. External transfers and checks require dual authorization either by signature or electronic approvals. Checks require signatures by the Town Supervisor and the Comptroller,external electronic transfers require electronic approval by the Town Supervisor or the Comptroller and Payroll Supervisor or Deputy Receiver of Taxes. And, FURTHER RESOLVED that all withdrawals, checks, transfers and other orders relative to the Town of Mamaroneck PHA accounts at JP Morgan Chase and the Town of Mamaroneck PHA account at Sterling Bank, shall be authorized by the signatures of Meredith Robson Town Administrator, Director of Community Services and Public Housing, Tracy Yogman Town Comptroller,Jaine Elkind Eney Town Supervisor. Electronic transfers require electronic approval by the Town Supervisor or the Comptroller and Payroll Supervisor or Deputy Receiver of Taxes. And BE IT FURTHER RESOLVED that all withdrawals, checks, transfers and other orders relative to the Town Clerk's account at JP Morgan Chase Bank, shall be authorized by the signature of Allison May, Town Clerk. OFFICIAL UNDERTAKING OF MUNICIPAL OFFICIALS Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, WHEREAS various sections of Town Law and Public Officers Law require that certain officials execute an Official Undertaking, and WHEREAS we, the Town Board of the Town of Mamaroneck require the Supervisor, Town Clerk, Tax Collector, Town Justices and Town Comptroller execute an Official Undertaking as required by law, and WHEREAS Allison May, of the Town of Mamaroneck, has been elected to the Office of Town Clerk of the Town of Mamaroneck effective January 1, 2023, and Page 113 of 138 Town Board January 11, 2023 NOW, THEREFORE, the respective Officer above, does hereby undertake with the Town of Mamaroneck that we will faithfully perform and discharge the duties of our office, and will promptly account for and pay over all moneys or property received as a Town Officer, in accordance with the law, and BE IT FURTHER RESOLVED, that the Town of Mamaroneck does and shall maintain coverage,presently with the New York Municipal Insurance Reciprocal,$1,000,000 limit per occurrence and$2,000,000 aggregate limit, for the Supervisor, Town Clerk, Town Justices and Town ComptrollerJTax Collector, to indemnify against losses through the failure of the Officers, covered thereunder, to faithfully perform their duties or to properly account for all monies or property received by virtue of their positions or employment, and through fraudulent or dishonest acts committed by the Officers covered thereunder. Town Clerk Dated Carried 2. Appointments-Boards, Commissions and Committees The Town Board hereby approves the following appointments for Boards and Commissions for 2023: BOARD OF ARCHITECTURAL REVIEW Moved by Councilwoman Nichinsky, be it RESOLVED, that Ken Ricci be reappointed as Member C of the Board of Architectural Review, said term shall expire on December 31, 2025, and BE IT FURTHER RESOLVED that Joseph Shein be reappointed as Member D of the Board of Architectural Review,said term shall expire on December 31, 2025, and BE IT FURTHER RESOLVED that Edward Jacobson shall serve as Chairperson of the Board of Architectural Review for the year 2023, and BOARD OF ETHICS Moved by Councilman King, be it BE IT FURTHER RESOLVED that Ted Hecht be reappointed to the position of Member C of the Board of Ethics,said term shall expire on December 31, 2025, and BE IT,FURTHER RESOLVED, that David Commender be reappointed as Member D of the Board of Ethics,said term shall expire on December 31, 2025, and BE IT,FURTHER RESOLVED, that Robert Degen shall serve as the Chairperson of the Board of Ethics for the year 2023,and Page 114 of 138 Town Board January 11, 2023 HOUSING AUTHORITY Moved by Councilwoman Katz, be it RESOLVED, that Meg Deshpande be reappointed as Member E of the Housing Authority,said term shall expire on December 31, 2027, and PLANNING BOARD Moved by Councilwoman Fiddelman, be it RESOLVED, that Ron Mandel be reappointed as Member E of the Planning Board,said term shall expire on December 31, 2027, and BE IT FURTHER RESOLVED, that Ralph Engel shall serve as Chairperson of the Planning Board for the year 2023, and BE IT,FURTHER RESOLVED, that Elizabeth Cooney shall serve as Vice Chairperson of the Planning Board for the year 2023, and SUSTAINABILITY COLLABORATIVE Moved by Councilwoman Nichinsky, be it RESOLVED, that Kevin Crowe be appointed as Member F of the Sustainability Collaborative,said term shall expire on December 31, 2025, and BE IT,FURTHER RESOLVED, that Karen Khor shall serve as Co-Chairperson of the Sustainability Collaborative for the year 2023, and BE IT,FURTHER RESOLVED, that Mark Kramer shall serve as Co-Chairperson of the Sustainability Collaborative for the year 2023, and TRAFFIC COMMITTEE Moved by Councilman King, be it RESOLVED, that Ilana Beth Bronheim be reappointed as Member C of the Traffic Committee,said term shall expire on December 31, 2025, and BE IT,FURTHER RESOLVED, that Doris Block be reappointed as Member D of the Traffic Committee, said term shall expire on December 31, 2025,and BE IT,FURTHER RESOLVED, that Doris Block shall serve as the Chairperson of the Traffic Committee for the year 2023,and ZONING BOARD OF APPEALS Moved by Councilwoman Katz, be it RESOLVED, that Arthur Wexler shall serve as Chairperson of the Zoning Board Page 115 of 138 Town Board January 11, 2023 of Appeals for the year 2023. and BE IT, FURTHER RESOLVED, that the foregoing appointments shall be effective immediately upon the appointees taking and subscribing the oath mandated by section 25 of the New York Town Law. Seconded by Supervisor Elkind Eney, the Board unanimously approved these appointments to the Town of Mamaroneck Boards and Commissions for 2023. Carried 3. Authorization -Acceptance of the Donation to the Town of Mamaroneck Senior Center The Virginia A. Maguire Foundation recently donated $26,500 to the Town of Mamaroneck for the purchase and installation of lighting of the sign at the entrance and a sound system for the Senior Center. The sound system at the Senior Center shall make it possible for members of the audience at meetings and events to clearly hear what is being sad, both by members of the group having the meeting and by members of the audience make a presentation to that group, asking questions. Their hope is to complete these projects in early 2023. Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Town Board hereby accepts the generous donation of $26,000 from the Virginia A. Maguire Foundation to the Town of Mamaroneck to be used for improvements to the Senior Center as outlined in the attached email from Mr. Engel dated December 20, 2022. See Attachment D Carried 4. Salary Authorization -Highway Department, Skilled Laborer Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Town Board approve the appointment of Dean Vacchio as Skilled Laborer with the Highway Department at an annual salary of$72,195, retroactive to January 1, 2023. Carried 5. Authorization -Management and Non-Union 2023 Salaries Moved by Councilman King, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Town Board hereby authorizes the 2023 Management and Non-Union Salary Schedule as presented on Attachment E. Carried Page 116 of 138 Town Board January 11, 2023 6. Set Public Hearing-Senior Citizens and Persons with Disabilities Partial Tax Exemptions Law Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby sets a Public Hearing for the local law for the Town Board meeting on February 1, 2023. Carried 7. Authorization -Special Legal Counsel Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Town Board hereby approves the agreement with Zarin& Steinmetz for special counsel representation and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried REPORTS OF MINUTES There were no minutes for approval. REPORTS OF THE COUNCIL Councilman King • Wished everyone a happy new year. • Recreation Announcements: On Monday, 1/16 the Hommocks Ice Rink will have an extended skate session,from 11:30 am to 5:15 pm. There will be a Character Skate on Sunday, 1/22,from 11:30am until 4pm. On Sunday, 1/29, also from 11:30am to 4pm there will be a Winter Festival featuring raffles, Character, and an inflatable snow globe. • The Hommocks Rink is available for birthday parties. • This weekend marks the 55th anniversary of the assassination of Dr. King. It is a time to reflect. Councilman King then shared a story he wrote 50 years ago as an 8th grader at the Hommocks titled "Justice for the Innocent". Councilman King asked everyone to reflect on where we have been and where we can go as a person, a community, people.The last words of Dr. King were `My eyes have seen the glory of the coming of the Lord.' He asked how we can improve our existence, our footprint, so that hopefully 50 years from now an 8th grader is not reading the same story. Councilwoman Katz • Nothing to report. Councilwoman Fiddelman • Attended with Supervisor Elkind Eney the ribbon cutting for the new Rye YMCA Nursery School at St. Johns Church in Mamaroneck. • With Supervisor Elkind Eney, attended the tree walk at Sheldrake,where they learned more about trees and their benefits to our health and the environment. Councilwoman Nichinsky • On Monday, attended the Housing Authority meeting, where the new management company, Midas, provided an update on a recent grant application they have submitted to help fund improvements planned for the Hommocks Apartments. Page 117 of 138 Town Board January 11, 2023 • Attended the Sustainability Collaborative meeting on Tuesday,where the Collaborative listed their goals and objectives for the year. Also, several OCRA students presented the findings of their initiative with four local restaurants to use sustainable materials--both customers and the restaurants were pleased with the results. They also spoke about a new county law requiring restaurants to give customers the option to choose plastic utensils or not, when placing to-go orders. TOWN CLERK'S REPORT The Town Clerk wished everyone a happy new year. TOWN ATTORNEY'S REPORT The Town Attorney wished everyone a happy new year. ADJOURNMENT Will add in comments once received; Supervisor Elkind Eney closed the meeting in honor of Judge Jean Marie Brescia at 9:20pm. Next Regularly Scheduled Meeting-January 18, 2023 Submitted by Allison May, Town Clerk Page 118 of 138 ' Town of Mamaroneck Y Town Board Minutes Wednesday,August 17, 2022 Senior Center, 5:00 PM PRESENT: Jaine Elkind Enev, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Robin Nichinsky, Councilwoman Abby Katz,GGURGilWGrnai4 Dino CIL0 n.J Gno.. Tn...n Supep.ise ABSENT: Jeffery L. King,Councilman ALSO PRESENT: Allison May,Town Clerk Meredith S. Robson,Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr.,Town Attorney Lindsey M. Luft,Assistant to Town Administrator Tracy Yogman,Town Comptroller David Birdsall, President,Westchester Joint Water Works 5:00 PM THE TOWN BOARD WORK SESSION The Work Session convened in the Senior Center at 1288 West Boston Post Road. 1. CALL TO ORDER The Work Session of the Town Board was called to order by Supervisor Elkind Eney. Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky the Work Session unanimously opened at 5:00 p.m. yea N-ay Abstained Absent Town Supervisor Elkind ERe X GOURG Carried WORK SESSION ITEMS 1. Discussion -5G Town Attorney Maker reported reaching out to Hank Menkes, at the request of the Town Board. Mr. Menkes recommended that the definition of Base Station be retained in paragraph 4, as presented at the July 13th Town Board Meeting. The Town Board agreed to set a public hearing to be held on September 7th for the proposed Wireless Communications"5G" Law. Page 119 of 138 Town Board August 17, 2022 2. Discussion -Filming Attorney Maker presented revisions to the Filmmaking Law. The Town Board further discussed the seven-day requirement for an application and agreed it is acceptable to start. The Board agreed to remove the requirement of-that the applicant list all license plate numbers for all vehicles used, as well as to remove the words'in the administrator's sole judgement'. If an application is denied, the applicant may then appeal. In the case of no consensus on the approval of a filming permit, the Board agreed an application would not be approved. Thin Rnard than rinlihnr;;Uzd whn+hnr or nn+to allow a nr+inn of a day, c a half da or a quarter of a day a an a ppli^atinr.. The Board discussed and decided that any portion of a day filming will be considered a full day regardless of when one starts and stops filming.-The Board then considered some sort of discretion allowed for unusual events, in order to extend or allow an extension (similar to the Building Inspector allowance in the Rock Removal Law). The Board agreed there would be a discretion allowed for an unusual event with a maximum extension of 3 days. The Board wondered if the insurance amount of$1 million was an industry standard, so the Town Administrator agreed to review with the Town's insurance company. 3. Review-Standard Work Day Reporting and Resolution-Jaine Elkind Eney (Revised) Town Clerk Allison May noted that a correction had been made to Town Supervisor Elkind Eney's total of hours worked, as well as a change to the calculation by New York State, both resulting in a change to the Town Supervisor's Record of Activities Result.Therefore, the Standard Work DayWork Day Reporting and Resolution was revised and is ready for the Board's approval. Once approved, it will be posted for 30 days, then resubmitted to NYSLRS. 4. Review-BID TA-22-12-Waterproofing and Rehabilitation of Myrtle Boulevard Parking Deck The Town Administrator presented the results of the bid and the timing of the project. The Town Board agreed to add to the awarding of the bid to tonight's agenda. 5. Discussion -Q2 2022 Capital Budget Report Comptroller Yogman updated the Board on the Town's Capital Budget, noting that in total there are$58.2 million of open projects. 6. Discussion -Q2 2022 Operating Budget Report Comptroller Yogman reported the Town of Mamaroneck is doing well in the 2nd Quarter, particularly with mortgage tax and sales tax continuing to come in steadily. Pointing to the ice rink revenue exceeding budget significantly, Supervisor Elkind Eney wondered if prices at the Hommocks Rink were now too high for an entire family to go and skate on a weekend. Supervisor Elkind Eney suggested working to increase building rink usage when the rink is fallow, rather than continuing to raise prices for current users. The Town Supervisor requested a review of Hommocks Rink usage to help identify alternative programs to build revenue. 7. Discussion -Classification and Compensation Study Town Administrator Robson presented the need for a system to review salaries and increases for the twenty-two management and non-union employees of the Town. In order to attract and retain qualified employees, and to provide them with competitive compensation and benefits, the Town Administrator suggested that the Town needs a process to determine where we stand and how to move forward. The Town Administrator proposed that GovHR be hired to provide both an internal and external review at a cost of$16,800. The Board discussed briefly and agreed to add the authorization to tonight's agenda. 8. Discussion -Pool Improvement Project-SAM Grant Page 120 of 138 Town Board August 17, 2022 Administrator Robson presented the SAM Grant application, explaining that rather than focusing solely on the kiddy pool/splash pad,the Town now plans to pursue a master plan for the entire Pool complex.The Town already has verbal approval from varieu -the participating agencies for this type of change to the grant application. replaGing 's _m.tirno'%A.Qh tearn' Comptroller Yogman added that we will continue to apply for other grants to help fund additional portions of the project cost. 9. Authorization -Pool Complex Design-SEQRA Determination Town Administrator Robson noted that the proposed SEQRA(State Environmental Quality Review) Determination resolution declares that the Hommocks Pool project is a Type II Action with no impact under the New York State Environment Quality Review Act(SEQR) and is required to proceed with the site study. The Board agreed to authorize during the Regular Meeting. 10. Temporary Suspension of Parking Laws for Lot B Renovations Administrator Robson introduced the temporary suspension of parking laws, explaining that in order to allow those with Lot B parking permits to park elsewhere during Lot B construction,we must temporarily suspend parking restrictions. The Board agreed to add to the agenda for later tonight with the addition of holders of Washington Square Area (WSA) residential parking permits also being entitled to park 24 hours per day, 7 days per week on the streets listed in the resolution during construction of Lot B. 11. Updates Supervisor Elkind Eney updated the Board on an opportunity from PACE University's Land Use Leadership Alliance(LULA)er for a free analysis of an affordable housing site. LULA would provide an entire development plan as part of the process. The other municipalities that have been offered the opportunity have already agreed to the project, including Dobbs Ferry, Croton, Pleasantville, and Tarrytown. Supervisor Elkind Eney will forward the Town Board the email she received from LULA. Councilwoman Katz requested that'Hazard Mitigation', on the Town website's'Our Town, Our Future' page, be moved somewhere else on the website, as it seemed to detract from the focus on the Comprehensive Plan. Assistant to the Town Administrator Lindsey Luft explained that the'Our Town, Our Future' page was meant for all future-focused items but agreed to try to find a way to highlight the Comprehensive Plan. Councilwoman Nichinsky asked about Comprehensive Plan participation.Assistant to the Town Administrator Lindsey Luft reported that the Town had received approximately 500 electronic and 50 hard-copy responses to the survey. The Assistant to the Town Administrator explained that the survey will continue until the end of September, with additional responses expected when the Mamaroneck Schools are back in session. Attorney Maker updated the Town Board on the property at 351 Orienta Avenue. Bankruptcy proceedings stalled progress briefly, but the court-appointed bankruptcy trustee agreed to a sale to generate a fund of money to pay the general creditors of Mr. Polombo.The floor for the sale is set at$890,000. 12. Executive Session Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman The Town Board entered into Executive Session to discuss the employment history of a particular individual. Y Nay Absta4+ A6sen-t Page 121 of 138 Town Board August 17, 2022 TOWR Supervisor ElkiRd ERey X GOURGilmaR X4Rg ('nnnih.nm�n AlinhincLv 4 0 0 4 Carried Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky The Town Board resumed the Work Session. Yea Nay Abstained Absent TGWR S pewiser Elkin.d Casey # Cnm-n..ih.xnm n lh+; 4 0 0 4 Carried 13. Readoption of the 2022 Water Project Bond Resolution The bond resolution adopted by the Town Board on June 8th for the cost of the water project increase and improvement of the facilities of the Water District No. 1 indicated the probable useful life of the water projects is 5 years rather than 40 years. This will affect the length of time the bonds can be issued. An updated bond resolution was provided by bond counsel to update the probably useful life to 40 years. The Board discussed briefly and agreed to adopt the revised bond resolution at tonight's Regular Meeting. 14. Proposed 2022 Water Rate Increase The recommended rate change by WJWW was a 12 to 13% increase. Comptroller Yogman pointed out that water usage has declined to 4 billion gallons per year. So as water usage declines, she noted, the Town may need to increase rates more in order to offset those declines. WJWW recommended a water rate increase of 12%to Harrison and they approved a 12.8% increase. Comptroller Yogman suggested 12.75% and the Town Board agreed to add a water rate increase of 12.75%to tonight's agenda. 15. WJWW IMA for WIIA/IMG Drinking Water Project Grant Application Administrator Robson presented the IMA between the Town of Mamaroneck,Village of Mamaroneck, Town/Village of Harrison, and Westchester Joint Water Works related to a grant application for the design of a water filtration plant to comply with a U.S. Environmental Protection Agency order. The Board agreed to approve the IMA later tonight, as well as authorize the Town Administrator to sign the agreement. 16. Readoption of the 2022 Water Project Bond Resolution Comptroller Yogman explained that the bond resolution adopted by the Town Board on June 8th for the cost of the water project increase and improvement of the facilities of the Water District No. 1 indicated the probable useful life of the water project is 5 years, rather than 40 years. This affects the length of time the bonds that can be issued.An updated bond resolution was provided by Bond Counsel to update the useful life.The Board agreed to approve the revised resolution. Page 122 of 138 Town Board August 17, 2022 8:00 PM TOWN BOARD REGULAR MEETING SUPERVISOR'S REPORT Welcome to the August 17, 2 22-2 222, meeting of the Town Board of the Town of Mamaroneck.The Town Board met today for a Work Session here in the Senior Center starting at 5:OOpm,which is open to the Public. Comprehensive Plan: We are in full swing with the Comprehensive Plan. This past month, our consultants were busy consolidating and analyzing all the public input received. The Comprehensive Plan Committee met with our consultants to listen to their preliminary findings, review the draft public survey, review the updated "Existing Conditions Report,"and discuss future outreach. There will be one more pop-up public listening session at the remaining movie, Luca on September 9. We want to hear from you and want even more input.There is an online community needs survey which can be found on the home page of the Town Website. It summarizes what we have heard from the public thus far and seeks to gain further insight. It will be available until the end of September. Residents of the Unincorporated area, please take 5 minutes to do the survey. We want to hear from you. I pads: You might notice that all of us here have iPads, instead of reams of paper that we are constantly shuffling.Thanks to Town Administrator, Meredith Robson,who has dragged us kicking and screaming into the new Millennium. This system is more efficient and environmentally sustainable. Hommocks Fields: On July 21, Councilman Jeffery L. King, Town Administrator Meredith Robson, and I met again with representatives of"Fields for Kids." They, along with other residents have expressed their concerns about the availability of fields for youth sports. We discussed exploring possibilities for the Hommocks fields and doing engineering studies to see what is pessi blepossi ble. Tree Law: On July 20, the Town Board met to discuss a proposed modification to the Town's tree law. This came about in response to concerns expressed by residents about maintaining and enhancing the tree canopy in the Town. Our Tree Law regulates the removal of trees on private property. One of the changes the Board is considering is making the Tree Law apply to all lots in the Town,which currently is not the case. Road Resurfacing: It's that time of year again. The Town is about to embark on it's annual road resurfacing projects. Roads included in this contract are: • New Harmon Drive • Revere Road • Fifth Avenue • Madison Avenue • New Jefferson Street • Lafayette Road • Huguenot Drive • N Chatsworth Ave • E Valley Stream Road (TO BE DELAYED—POST E. VALLEY STREAM BRIDGE REPLACEMENT) • Washington Square The resurfacing should start at the end of August. Because we are bound by the availability of the Contractors, this is the same time frame that the project to waterproof and rehabilitate the deck on Myrtle Blvd will be underway. So, there will be a little pain and inconvenience for a short period of time. We are doing our best to minimize the impact as much as possible. Page 123 of 138 Town Board August 17, 2022 Remember, soon enough you will be driving on new and improved roads, and all of the inconvenience will be but a memory. Traffic Safety: Just a reminder.We constantly get complaints about traffic safety—speeding and careless drivers. The"offenders" are often not people from out of Town, but our own residents speeding to make trains or other appointments, or just driving distracted. This is our community. PLEASE PLEASE Let's drive carefully for the safety of all of our residents. REMEMBER, school is starting in a couple of weeks and there will be many more pedestrians. Events: On July 14, 1 attended the Mamaroneck Chamber of Commerce Annual Barbeque at Hampshire County Club. It was impressive to see how robust the organization has become and to see how many new members they have recruited this year. They really provide invaluable support for, and connection among, the business Semrn 4n4yCommunity. Tiki Invasion-On July 15, Harbor Island provided the perfect setting for the fifth annual Tiki Invasion. I attended with Councilwomen Abby Katz and Sabrina Fiddelman. The event, which returned after a two-year hiatus due to COVID-19, is hosted by LMC Media and the Village of Mamaroneck Parks and Recreation Department. The weather was great and#k� 4t� wasthere was much to enjoy, including live music, the limbo,food trucks, bubble fun, a movie and especially the fire dancers. Police National Night Out­041-On August 2, Councilwoman Sabrina Fiddelman and I joined the Town of Mamaroneck Police Department for Police National Night Out at Harbor Island Park. The event brings law enforcement and the community together for a fun evening to promote police/community comradery. Despite the heat,the night was a great success. Many thanks to the Mamaroneck Village Police Dept Village for the invite!The fireworks alone were worth the trip! Summer Concerts: The entire Town Board attended the last of the summer concerts on Monday night. The weather was beautiful, and everyone seemed to be having a great time. I want to give my heartfelt thanks to the entire recreation staff who work tirelessly to improve the quality of our lives with the various active and passive recreation events that they offer. Kudos!! PUBLIC HEARING The Town Supervisor noted that there are no public hearings tonight, so the next item on the agenda is Resident comments. RESIDENT COMMENTS Supervisor Eney asked if anyone in the audience would like to address the Board, and there was no one. PRESENTATION -WJWW-WATER RATES 4 David Birdsall, President of the Westchester Joint Water Works, presented the 2022/2023 Town of Mamaroneck Water Rates to the Town Board, see Attachment A.- TOM Water Rate Presentation 2022 Final 08172022 BOARD OF FIRE COMMISSIONERS 1. Commissioner Elkind Eney called the Meeting to order, then on the motion of Commissioner Katz, and seconded by Commissioner Fiddelman,the Board of Fire Commissioners was unanimously declared open. Page 124 of 138 Town Board August 17, 2022 Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Robin Nichinsky 2. Fire Claims On the motion of Commissioner Fiddelman, seconded by Commissioner Katz, it was RESOLVED that this Commission does hereby authorize payment of the Fire Department Claims in the amount of$15,251.81 dated August 17, 2022,as approved by the Fire Chief Shaun Hughes and audited by the Comptroller's Office. See Attachment B. ThLo above resolution was put tea roll rall vot4--: CorArnossmonp Nichinsky Aye Commmssmonp� Absent SenFR+SSOORer €dde!rRaR Aye Sen issieper Katz Aye Carried 3. Fire Report for the Month of July 2022 Commissioner Elkind Eney read the Fire Report for the Month of July 2022, as submitted by Chief Hughes as follows: ALARM TYPE NUMBER Generals 41 Minors 33 Stills 4 Out of Town (Mutual Aid) 2 EMS 54 Drills 4 TOTAL 136 Total number of personnel responding: 688 Total time working: 55 hours and 31 minutes See Attachment C. There being no further business to come before the Commission, on motion of Commissioner Katz, seconded by Commissioner Nichinsky,the Commission unanimously adjourned, and the Town Board reconvened. AFFAIRS OF THE TOWN OF MAMARONECK 1. Salary Authorization-Office Assistant in the Comptroller's Office Page 125 of 138 Town Board August 17, 2022 Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby authorize the appointment of Angela Paterno to the position of Office Assistant at an annual rate of$65,638 as of August 21, 2022. Yea Nay Abstained Absent �f GG UnnilmaR 4Rg X (`A n iI eiemor. rhino y 4 0 0 4 Carried 2. Authorization -Standard Work Day Reporting and Reporting Resolution -Jaine Elkind Eney(Revised) Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, it was RESOLVED, that The Mamaroneck Town Board hereby reports the following days worked to the New York State and Local Employees'Retirement System based on the record of activities maintained and submitted by this individual, and recertified where applicable, to the Town Clerk of this body. Name Social NYSLRS Title Current Standard Record of Pay Security ID Term Work Day Activities Freq Number Begin& Result (last4 End Dates digits) Jaine Elkind XXXX 60005626 Town 111122 7 21.53 Biwe Eney Supervisor thru 12131123 Yea Nay Abstained Absent TewR S61pepiis;or CILind Eney 3f X 4 0 0 4 Carried 3. Review-BID TA-22-12-Waterproofing and Rehabilitation of Myrtle Boulevard Parking Deck Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby approves the agreement with Structural Contracting Services, Inc. for the Waterproofing and Rehabilitation of Myrtle Boulevard Parking Deck and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Yea N-ay Abstained Absent Ge ynn-mkyem n I Rt7 Page 126 of 138 Town Board August 17, 2022 (', nnih.,.,m-n AlirhincLv � Town S peryiser Clkind Cney x GO„ GilmaR g x 4 8 9 4 Carried 4. Authorization -Q2 2022 Capital Budget Amendments Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby authorizes the Town Comptroller to make the necessary budget amendments, as presented. yea A4ay Ahstainpd Absent T.-.Wn S inon,iser CILind ERey X 4 0 9 4 Carried 5. Authorization -Q2 2022 Operating Budget Amendments Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Town Board hereby authorizes the Town Comptroller to make the necessary budget amendments, as presented. Yea N-ay Abstained Absent Town S inon,iser Clkind Cnov Lunn X 4 10 10 14 Carried 6. Set-2022 Water Rate Increase Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Town Board dose hereby authorize an increase of 12.75% to be applied to all applicable water use rates charged by the Westchester Joint Water Works, and that such rate increase shall be effective with the Westchester Joint Water Works rate billing for July 2022. Yea Nay AhlMao,e.1 Absent TGWR S pepn iser CILiRd ERey CA'-n.-,ilmon Llin.. 4 10 10 14 Carried Page 127 of 138 Town Board August 17, 2022 7. Authorization -Classification and Compensation Study Moved by Councilwoman Fiddelman, seconded by Councilwoman Nichinsky, it was RESOLVED, that the Town Board hereby approves the proposal for a classification and compensation study from GovHR USA, LLC in the amount of $16,800 and hereby authorizes the Town Administrator to execute the agreement and provide the necessary documents to carry out its implementation. Yea Nay Abstained Absent Town S pepJsnr ElMnd Eney Ge unnihv.,m n Katz Cn--nAilrnan Kin.. X 4 0 0 4 Carried 8. Authorization -Pool Improvement Project-SAM Grant Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, WHEREAS, the Town of Mamaroneck has proposed a revision to the design phase of the improvements to the Hommocks Pool Facility which will increase capacity,greatly enhance the aquatic experience, and meet the demand for use of the facility,and WHEREAS, the total cost of the project is estimated to be$298,500;and WHEREAS, the Town has previously received a grant in the amount of$250,000 under the State and Municipal Facilities Capital Program, and the remaining portion of the project cost is$48,500, which would be borne by the Town. NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck hereby commits to funding the Town's share of the project cost for design services for the Hommocks Pool Complex and the Town Administrator is hereby authorized to sign and fulfill any related documents. Yea Nay Abstained AbsenYc TGWR S pervionr Clkind Eney Y, �c Ge-Und'iman King 4 0 0 4 Carried 9. Authorization -Pool Complex Design-SEQRA Determination Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, WHEREAS, it has been determined that the Hommocks Pool Complex requires renovations, replacement, and an upgrade;and, Page 128 of 138 Town Board August 17, 2022 WHEREAS the Hommocks Pool complex will be evaluated by a design consultant to improve the entire site and provide design development options for future construction. NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck does hereby declare the project to be a Type Il Action with no impact under the New York State Environmental Quality Review Act(SEAR)and requires no further action, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby declare itself the Lead Agency for coordinated State Environmental Quality Review(SEQR)of the project and the Town Administrator is hereby authorized to sign and fulfill all related documents. yea N-ay Abstained AhSent Town S inoniigAr CILind Cnpy X A 4 0 0 4 Carried 10. 2022/23 School Tax Warrant Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, that the Mamaroneck Town Board does hereby command the Receiver of Taxes to collect the 202212023 Mamaroneck School Tax Warrant in the total amount of$131,092,760.56. BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute said Warrant on behalf of the Town. yea N-ay Ahstai ned A#sent TGWR S jnon�i�.,r CILin.d CnoY 3 4 0 0 4 Carried 11. Readoption of the 2022 Water Project Bond Resolution Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board hereby authorizes the issuance of$802,800 bonds of the Town of Mamaroneck to pay the cost of the increase and improvement of the facilities of the Water District No.1 in the Town of Mamaroneck and shall supersede the bond resolution dated and duly adopted June 8, 2022, for the aforesaid capita/projects. 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 Page 129 of 138 Town Board August 17, 2022 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 pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, to not have any significant adverse impact 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 class of objects or purposes 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 following:a) improvements to the Rye Lake Filtration Facility of the Westchester Joint Water Works($189,000), and b)reconstruction of water storage tanks($613,800), including in each case, original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and 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 class of objects or purposes, hereby determined to be in the public interest as aforedescribed, is an aggregate$802,800, which class of objects or purposes is hereby authorized at said maximum estimated cost, and that the plan for the 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 class of objects or purposes is 40 years pursuant to subdivision 1 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 New York 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 Page 130 of 138 Town Board August 17, 2022 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. 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 class of objects or purposes 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 objector 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,and shall supersede the bond resolution dated and duly adopted June 8, 2022 for the aforesaid capital projects. Yea Nay Abstained A#senf x X GE)URGilmaR King X (`.-. nniheu-.mon Alinhino Lv 4 0 0 4 Carried 12. WJWW IMA for WIIA/IMG Drinking Water Project Grant Application Supervisor Elkind Eney explained that WJWW will be required to build a new filtration plant and the cost is approximately$108 million dollars, perhaps more.As a result, Page 131 of 138 Town Board August 17, 2022 WJWW is applying for a$30 million dollar grant that requires there be an IMA between the three communities that comprise WJWW--so the Town of Mamaroneck, Village of","a M A MA enkMamaroneck, and Harrison. Supervisor Elkind Eney noted that even though our relative contributions are prescribed, the grant application requires the IMA. Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED, to approve the IMA with Village of Mamaroneck and Harrison as required by WJWW to apply for a grant requiring 4,-andit and authorized the Town Supervisor to sign said agreement. Yea N-ay Abrtam.,ed Absent Katz X TGWR S peNiser Elkind ERey Yc r -nn'ImAn King X 4 8 9 4 Carried 13. Temporary Suspension of Parking Laws for Lot B Renovations Town Administrator Robson explained that due to the construction project at Lot B, we need to make accommodations for those with parking permits there to park elsewhere during the period of time that the lot is unavailable. Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was RESOLVED that the Town Board of the Town of Mamaroneck hereby suspends Town Code 219-44 for Lots A and C for those who hold a parking permit for designated areas of Lot B and Washington Square as determined by the Police Chief for the period August 29-October 14, 2022, or as may be adjusted depending on the final schedule for the rehabilitation of Lot B. Designated permit holders will be permitted to park on Vine St, Myrtle Blvd, Madison Ave., Washington Square and New Jefferson St with a parking pass to be provided by the Police Department. Yea Nay Abstained Absent x TGWR Supervisor Elkind ERey X X Ge-Unn-ilman King X 4 8 9 4 Carried 14. Set a Public Hearing for the 5G Law Town Supervisor Elkind Eney explained that the Town Board has been working on a new 5G law that is very complicated and we are now ready to set a Public Hearing for September 7th. Page 132 of 138 Town Board August 17, 2022 Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky Set public hearing for September 7th for the new 5G Law. yea ay ehldamnpd Ahl;pnt * T�7 �c K009 4 10 10 Carried 15. PBA Collective Bargaining Agreement Town Administrator Robson asked the Town Board to approve a two-year extension of the existing Collective Bargaining Agreement with the PBA, including the stipulations provided which include salary increases of 3 percent each year, a change to the 207-C language(which provides for certain timing on notice if an officer chooses to appeal)and increases the starting salary for a Police Officer to$60,000 per year. Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, it was RESOLVED that the Town Board of the Town of Mamaroneck hereby approves of the two-year extension of the PBA collective bargaining agreement for the period January 1, 2023 through December 31, 2024 based on the terms in the Stipulation of Agreement dated August 4th, 202Z and authorizes the Town Administrator to execute the agreement. Carried REPORTS OF MINUTES 1. Report of Minutes from the August 1,2022 Special Town Board Meeting On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of August 1, 2022. REPORTS OF THE COUNCIL Sabrina Fiddelman Thanked the Recreation Department for their summer concert series. Attended a Zoning Board meeting on the 27th, as well as a Village of Larchmont music concert in Constitution Park on the 28th.Attended with Supervisor Elkind Eney the National Night Out and thanked the Village of Mamaroneck Police Department, and the Town of Mamaroneck Police Department which was in attendance as well. Abby Katz Echoed how much fun the concerts in the park were and also thanked the Recreation Department. She was happy to see such a good turnout, even Steve Altieri and Maria Gallagher were there. Attended a Board of Architectural Review meeting earlier in the month,where several projects were approved. Robin Nichinsky Page 133 of 138 Town Board August 17, 2022 Has been enjoying the concerts in the park as well. Her liaison Boards had not met over the summer--except for Planning Board,which was meeting tonight--so she had nothing to report. TOWN CLERK'S REPORT Town Clerk Allison May reminded everyone that early voting at the Town Center continues Friday(Aug. 19th)from 8am until 4pm;then on Saturday and Sunday from 10am until 6pm. Again, anyone that lives anywhere in Westchester County can vote here during Early Voting. If you cannot make it in for Early Voting, the primary will be on Tuesday,August 23rd, with voting available from 6am until 9pm a, t your designated polling place. TOWN ATTORNEY'S REPORT The Town Attorney had nothing to report. I NEXT REGULARLY SCHEDULED MEETING-SEPTEMBER 7,2022 CLOSE OF MEETING Supervisor Elkind Eney closed the meeting in memory of Frank J. Cioffi,who passed away on August 12th. Frank dedicated his life to the residents of the Town of Mamaroneck. As a 43-year member of Town of Mamaroneck Fire Department, he served as Chief of the Department and then, after that time, he served for many years as safety officer. He was also a life member and a founding member of Larchmont Volunteer Ambulance Corps—he was a medic and rode the ambulance for many years. At the time of his passing, Frank was the long-time President of the TMFD Exempts Benevolent Association. In that role, he managed the LOSAP program, an annuity program for volunteer firefighters, and was greatly involved in the recent renovation project at the firehouse—he designed the kitchen that is used today. Frank also played a big role in the TMFD's Thanksgiving meal program-cooking for and serving Thanksgiving dinner to those in need in our community. To members of TMFD and LVAC he truly was a patriarch, a mentor, a voice of reason, and above all, a friend when you needed one the most. Frank's impact on our community will be remembered well beyond our lifetimes, and he will live on in our memories. Submitted by Allison May, Town Clerk Page 134 of 138 N Town of Mamaroneck ' Town Board Minutes ALIT, Wednesday, January 18, 2023 Courtroom, Second Floor of Town Center 5:00 PM PRESENT: Jaine Elkind Eney, Town Supervisor Abby Katz, Councilwoman Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman Robin Nichinsky, Councilwoman ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr., Town Attorney Lindsey M. Luft,Assistant to Town Administrator Shyam Pandya, IT Director 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, the meeting unanimously opened at 5 p.m. Carried WORK SESSION ITEMS 1. Discussion -iPad Training with IT Department Town of Mamaroneck Information Technology Director Shyam Pandya led the Town Board through iPad training. 2. Updates Town Attorney William Maker Jr. informed the Town Board that he now has Attorney Menke's response to Ralph Engel's comments regarding the new 5G Law.Attorney Maker will proceed with developing the new law and will incorporate what is appropriate from both of their comments. Town Supervisor Elkind Eney shared the announcement of Governor Hochul's new statewide strategy to address New York's housing crisis and build 800,000 new homes, see Attachment A. Supervisor Elkind Eney pointed out that the high priority is not only for affordable housing, but is for all housing. The Board discussed the proposal and the requirements, they questioned the waivers of regular requirements like SEOR, as well as the exemptions and benefits provided. The Town Board discussed the housing density that might result, as well as the lack of environmental protections. The Town Supervisor then provided updates on many other projects including the Senior Center Grant, the Sewer Grant, an optional 25-mile-per-hour speed limit,the roundabout project, the Local Waterfront Revitalization project, the Weaver Street sidewalk,the Waverly Avenue bridge, the proposed crosswalk to Page 135 of 138 Town Board January 18, 2023 Memorial Park, Hommocks Park Ice Rink lockers, generators at various Town properties, and the Police locker room expansion. 3. Extension to the SJY Management Agreement Town Administrator Meredith Robson explained to the Board that the Town has had a temporary consultant through SJY Management helping with the Community Service Department for the past couple of months.The Town Administrator estimated that these services are necessary for at least six more months, so she requested authorization to sign an agreement with SJY Management extending their services through July 30, 2023. The proposed agreement remains the same as the one originally submitted in October,for what the Administrator thought then was a temporary situation. Based on the significant need for the Town to maintain the current Section 8 and affordable housing programs, as well as to meet Federal management and reporting obligations,the Board agreed to authorize at tonight's Regular Meeting. 4. Discussion -Tree Law The Board agreed to defer this item to the next Town Board meeting. 5. Request for Executive Session On motion of Councilman King, seconded by Councilwoman Fiddelman the Town Board entered into an Executive Session to discuss the potential sale or lease of property and to discuss the employment history of a particular person or persons. (Note, Councilman King recused himself during the Executive Session discussion of the potential sale or lease of a particular property.) Carried On motion of Councilwoman Katz, seconded by Councilwoman Nichinsky the Town Board ended their Executive Session and resumed the Work Session. Carried 6. Additions to Regular Meeting Agenda There were no additions to the Regular Meeting agenda. 8:04 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Conference Room C located on the first floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/Fios 35)or on LMCMedia.orq CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:04 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. SUPERVISOR'S REPORT Will add upon receipt. PUBLIC HEARING(S) The was no Public Hearing. RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board and there was none. Page 136 of 138 Town Board January 18, 2023 STAFF COMMENTS/PRESENTATIONS 1. Assemblyman Otis regarding 1-95 Turnaround Location Our State Assemblyman, the Honorable Steven Otis, presented a brief history of the advocacy of the new 1-95 Turnaround. Mr. Otis thanked Town Supervisor Jaine Elkind Eney, as well as the Town of Mamaroneck Fire Chiefs and Larchmont VAC for their hard work advocating for the new 1-95 Turnaround. Mr. Otis pointed out that our First responders have to work 24/7. They would have trouble crossing three lanes quickly with a car let alone a rescue vehicle with traffic moving so quickly on 1-95. Mr. Otis credited the advocacy of the Chiefs and the Town Supervisor, in giving Senator Shelley Mayer and him the information and support that they needed, to work with the Thruway Authority, and to make the project both happen and be completed quickly. Mr. Otis also thanked Matt Driscoll at the Thruway Authority for stepping in and completing the project quicker. Tom Broderick, Chief of the Town of Mamaroneck Fire Department, and John Pomponio, Chief of Larchmont VAC, both thanked Assemblyman Steven Otis and Senator Shelley Mayer(who could not attend)on behalf of their membership. They both noted the increased safety as a result of the new 1-95 Turnaround. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Fiddelman and seconded by Commissioner Katz the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: ifCommissioner: Jaine Elkind Eney Commissioner: Abby Katz Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky 2. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner Nichinsky, Seconded by Commissioner Katz, the Commission unanimously adjourned, and the Town Board reconvened. AFFAIRS OF THE TOWN OF MAMARONECK 1. Extension to the SJY Management Agreement Moved by Councilwoman Nichinsky, seconded by Councilman King, it was RESOLVED, that the Town Board hereby approve the extension to the SJY Management agreement until June 30, 2023 Carried REPORTS OF MINUTES 1. Report of Minutes from December 7,2022 Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was unanimously Page 137 of 138 Town Board January 18, 2023 RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of December 7, 2022. Carried REPORTS OF THE COUNCIL Councilwoman Nichinsky • Hoped that everyone enjoyed their Dr. Martin Luther King Jr. holiday. Councilwoman Fiddelman • Attended the WMOA and this month the speaker was Tremaine Wright Chairwoman of the Cannibis Control Board and former member of the New York State Assembly,who spoke about developments in the cannabis program including the opening of the first cannabis dispensary in New York City. Councilwoman Katz • Nothing to report. Councilman King • Recreation Announcements: At the Hommocks Ice Rink this Sunday,there will be a Character Skate from 11:30am until 4pm. On Sunday, 1/29, also from 11:30am to 4pm, there will be a Winter Festival featuring raffles, a Character skate, and an inflatable snow globe. • If you are planning a birthday party,the Hommocks Rink is an ideal venue. TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT Nothing to report. ADJOURNMENT Closed in honor of Lindsey Luft. Will add in the Town Supervisor's comments once received. Moved by Councilman King, seconded by Councilwoman Fiddelman The Town Board entered into an Executive Session to discuss the potential sale or lease of property and to discuss the employment history of a particular person or persons. Carried Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky The Town Board ended the Executive Session and closed the Town Board Meeting at 9:48pm. Carried NEXT REGULARLY SCHEDULED MEETING-February 1, 2023 Submitted by Allison May, Town Clerk Page 138 of 138